Terrorism offences (Division 101)
The Australian Federal Police (AFP) charged five individuals with terrorism offences between 1 June 2018 and 31 May 2019. Of the five prosecutions, four are ongoing and one was withdrawn. Some individuals are being prosecuted for multiple offences.
Individuals charged with terrorism offences
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101.5 Collecting or making documents likely to facilitate terrorist acts
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1
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101.6 Acts done in preparation for, or planning, terrorist acts
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4
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Source: Australian Federal Police
In total, eight prosecutions for terrorism offences were finalised between 1 June 2018 and 31 May 2019. The results were as follows:
One prosecution for section 101.6 was finalised on 22 June 2018 with a sentence of 12 years imprisonment.
One prosecution for section 101.6 was finalised on 31 July 2018 with a sentence of 17 years and four months imprisonment.
One prosecution for section 101.6 by virtue of section 11.5 (conspiracy) was finalised on 20 September 2018 with a sentence of 24 years imprisonment.
One prosecution for section 101.1 (terrorist acts) by virtue of section 11.2 (complicity and common purpose) was finalised on 23 November 2018 with a sentence of 30 years imprisonment. This sentence also considered the offence of section 102.3 (membership of a terrorist organisation) in sentencing as per schedule 16BA of the Crimes Act 1914I (taking other offences into account). The defendant was also sentenced for two offences under section 102.6 (getting funds to, from, or for a terrorist organisation) and received a total head sentence of 38 years imprisonment.
One prosecution for section 101.6 was finalised on 11 December 2018 with a sentence of 16 years imprisonment.
Two prosecutions for section 101.6 by virtue of section 11.2A (joint commission) were finalised on 31 January 2019 with sentences of four years imprisonment, and three years and nine months imprisonment for the two defendants.
One prosecution for section 101.6 was finalised on 29 March 2019 with a sentence of 12 years imprisonment.
Terrorist organisations (Division 102)
The AFP charged one individual with one count of attempting to provide support to a terrorist organisation, contrary to section 102.7 (providing support to a terrorist organisation), by virtue of section 11.1 (a person who attempts to commit an offence, commits the offence of attempting to commit that offence) of the Criminal Code.
The AFP supported the commencement of one prosecution for an offence relating to terrorist organisations between 1 June 2018 and 31 May 2019. The prosecution remains ongoing.
In total, five prosecutions were finalised between 1 June 2018 and 31 May 2019 for offences relating to terrorist organisations. The results were as follows:
One prosecution for section 102.4 (recruiting for a terrorist organisation) was finalised on 15 June 2018 when it was withdrawn.
One prosecution for two counts of section 102.6 (getting funds to, from or for a terrorist organisation) was finalised on 23 November 2018 with a sentence of eight years imprisonment. The defendant received a total sentence of 38 years imprisonment which included the offence of section 102.3 (membership of a terrorist organisation) which was considered in the sentencing of the offence of section 101.1 (terrorist acts) by virtue of section 11.2 (complicity and common purpose) as per schedule 16BA of the Crimes Act 1914 (taking other offences into account).
One prosecution for section 102.6 (getting funds to, from or for a terrorist organisation) by virtue of section 11.1 (a person who attempts to commit an offence, commits the offence of attempting to commit that offence) was finalised on 29 March 2019 with a sentence of eight years imprisonment. Two further counts of the offence under section 102.6 (getting funds to, from or for a terrorist organisation) were taken into account at sentencing, as per schedule 16BA of the Crimes Act 1914 (taking other offences into account).
One prosecution for section 102.3 (membership of a terrorist organisation) was finalised on 16 April 2019 with a sentence of three years imprisonment.
One prosecution for section 102.3 (getting funds to, from or for a terrorist organisation) was finalised on 7 May 2019 with a sentence of three years community corrections order.
Financing terrorism (Division 103)
The AFP did not charge anyone, commence or finalise any prosecutions for offences relating to financing terrorism and terrorists in Division 103 of the Criminal Code between 1 June 2018 and 31 May 2019.
Control orders (Division 104)
In total, the AFP applied for, and was issued one interim control order between 1 June 2018 and 31 May 2019. The control order was confirmed without variation.
Control orders applied for and issued
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Control orders applied for and issued
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1
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104.4(3) Control orders modified by the issuing court before being issued
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0
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104.6 Requesting an urgent interim control order by electronic means
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0
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104.8 Requesting an urgent interim control order in person
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0
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Control orders confirmed without variation
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1
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Control orders revoked without being confirmed
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0
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104.20 Removal of one or more obligations, prohibitions or restrictions by court
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0
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104.24 Addition of obligations, prohibitions or restrictions by court
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0
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104.27 Offence for contravening a control order
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0 persons charged or prosecuted by AFP or with the support of the AFP
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Source: Australian Federal Police
Preventative detention orders (Division 105)
The AFP did not apply for and was not issued with any preventative detention orders between 1 June 2018 and 31 May 2019. No preventative detention orders were revoked. No persons were taken into custody under a preventative detention order and no persons were charged or prosecuted by the AFP or with the AFP’s support for disclosure offences for preventative detention orders.
Continuing detention orders (Division 105A)
The AFP did not apply for and was not issued with any initial continuing detention orders between 1 June 2018 and 31 May 2019. Nor did the AFP apply for or was issued with any interim detention orders. No person was taken into custody under a continuing detention order.
Stop, search and seizure powers (Division 3A, Part IAA, Crimes Act 1914)
The AFP did not stop, detain, or search any persons, property or vehicles for terrorism related items under section 3UD between 1 June 2018 and 31 May 2019. Nor did it seize any terrorism related items under section 3Ud.
The AFP did not seek emergency entry to premises with a warrant under section 3UEA between 1 June 2018 and 31 May 2019. Nor did the AFP secure any premises pending the issue of a warrant. No zones were declared by the Minister to be ‘prescribed security zones’ under section 3UJ between 1 June 2018 and 31 May 2019.