Terrorism offences (Division 101)
The Australian Federal Police (AFP) charged 11 individuals with terrorism offences between 1 June 2017 and 31 May 2018. Some individuals were prosecuted for multiple offences.
Individuals charged with terrorism offences
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101.1 – Terrorist acts
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4
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101.1 (by virtue of section 11.2) –
Aid, abet, counsel or procure the commission of a terrorist act
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0
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101.2 –
Providing or receiving training connected with terrorist acts
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0
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101.4 –
Possessing things connected with terrorist acts
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2
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101.5 –
Collecting or making documents likely to facilitate terrorist acts
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1 (recklessly collect or make documents likely to facilitate terrorist acts)
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101.6 –
Other acts done in preparation for, or planning, terrorist acts
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4
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101.6 (by virtue of section 11.5) –
Conspiracy to commit acts done in preparation for, or planning, terrorist acts
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0
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Source: Australian Federal Police
Of the 11 prosecutions commenced in the reporting period, one had been finalised and 10 were ongoing as at 31 May 2018.
In total, 13 prosecutions for terrorism offences were finalised between 1 June 2017 and 31 May 2018. The results were as follows:
One prosecution for section 101.6 was finalised on 5 September 2016 with a sentence of 10 years 6 months imprisonment imposed. On 9 June 2017, an appeal notice was lodged. On 23 June 2017, the appeal was finalised and a new sentence of 14 years imprisonment (with a non-parole period of 10 years 6 months) was handed down.
One prosecution for section 101.6 was finalised on 7 December 2016 with a sentence of 7 years imprisonment imposed. On 3 January 2017, an appeal notice was lodged. On 23 June 2017, the appeal was finalised and a new sentence of 11 years imprisonment (with a non-parole period of 8 years 3 months) was handed down.
One prosecution for section 101.6 by virtue of 11.5 was finalised on 6 October 2017, when that charge was withdrawn.
One prosecution for section 101.6 by virtue of s section 11.5 was finalised on 3 November 2017, with a sentence of 18 years 6 months imprisonment (with a non-parole period of 14 years 2 months) handed down.
One prosecution for section 101.6 by virtue of section 11.5 was finalised on 3 November 2017, with a sentence of 22 years 6 months imprisonment (with a non-parole period of 16 years 9 months) handed down.
One prosecution for section 101.6 by virtue of section 11.5 were finalised on 3 November 2017, with a sentence of 13 years 6 month imprisonment (with a non-parole period of 10 years one month) handed down.
One prosecution for section 101.5 was finalised on 3 November 2017, with a sentence of 9 years imprisonment (with a non-parole period of 6 years 9 months) handed down.
One prosecution for section 101.5 was finalised on 3 November 2017, with a sentence of 9 years 6 months imprisonment (with a non-parole period of 7 years 1 month) handed down.
One prosecution for section 101.1 by virtue of section 11.2 was finalised on 1 March 2018, with a sentence of 44 years imprisonment (with a non-parole period of 33 years) handed down.
One prosecution for section 101.6 was finalised on 2 March 2018, with a sentence of 19 years imprisonment (with a non-parole period of 14 years 3 months) handed down.
One prosecution for section 101.5 was finalised on 4 May 2018, when that charge was withdrawn.
One prosecution for section 101.4 was finalised on 18 May 2018, with a sentence of 7 years 2 months imprisonment (with a non-parole period of 5 years 3 months) handed down.
One prosecution for section 101.5 and 101.6 was finalised on 31 May 2018, with a sentence of 4 years 6 months imprisonment (with a non-parole period of 3 years 5 months) handed down.
Terrorist organisations (Division 102)
The AFP charged one individual with offences relating to terrorist organisations between 1 June 2017 and 31 May 2018.
Individuals charged with terrorist organisation offences
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102.2 – Directing the activities of a terrorist organisation
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0
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102.3 – Membership of a terrorist organisation
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0
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102.4 – Recruiting for a terrorist organisation
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0
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102.5 – Training involving a terrorist organisation
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0
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102.6 – Getting funds to, from or for a terrorist organisation
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1 (collecting funds for a terrorist organisation)
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102.7 – Providing support to a terrorist organisation
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0
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102.8 – Associating with terrorist organisations
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0
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Source: Australian Federal Police
The AFP supported commencement of prosecutions against one individual in relation to collecting funds for a terrorist organisation between 1 June 2017 and 31 May 2018, which is ongoing.
Four prosecutions in relation to the offences in Division 102 were finalised between 1 June 2017 and 31 May 2018. The results were as follows:
One prosecution for section 102.7 by virtue of sections 11.2A and 11.1 and section 102.6 by virtue of sections 11.2A and 11.1 was finalised on 28 August 2017, with a total sentence of 12 years imprisonment (with a non-parole period of 9 years) handed down.
Two prosecutions for section 102.3 were finalised on 26 September 2017, when the charges were withdrawn.
One prosecution for section 102.6 was finalised on 2 March 2018, with a sentence of four year good behaviour bond handed down.
Financing terrorism (Division 103)
The AFP did not charge any persons under the offences relating to financing terrorism and terrorists in Division 103 of the Criminal Code between 1 June 2017 and 31 May 2018. There were no prosecutions ongoing or finalised in the period.
Individuals charged for financing terrorism
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103.1 – Financing terrorism
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0
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103.2 – Financing a terrorist
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0
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Source: Australian Federal Police
Control orders (Division 104)
There were no interim control orders applied for by the AFP or issued between 1 June 2017 and 31 May 2018.
No interim control orders were modified by the issuing court under subsection 104.4(3) of the Criminal Code between 1 June 2017 and 31 May 2018.
No urgent interim control orders were requested by electronic means under section 104.6 or in person under section 104.8 of the Criminal Code between 1 June 2017 and 31 May 2018
No interim control orders were confirmed between 1 June 2017 and 31 May 2018.
There were no charges or prosecutions in relation to control orders between 1 June 2017 and 31 May 2018.
Preventative detention orders (Division 105)
There were no initial or continued preventative detention orders, or prohibited contact orders, applied for by the AFP, issued or revoked between 1 June 2016 and 31 May 2017.
No individuals were taken into custody under a preventative detention order, and no individuals were charged with or prosecuted for disclosure offences relating to preventative detention orders during the period.
Continuing detention orders (Division 105A)
There were no initial continuing detention orders applied for by AFP members between 1 June 2017 and 31 May 2018.
No interim detention orders were applied for by AFP members between 1 June 2017 and 31 May 2018.
No individuals were taken into custody under a continuing detention order between 1 June 2017 and 31 May 2018.