Facing charges of terrorism in Australia?

What is a terrorist act?

The definition of a terrorist act is set out in section 100.1 of the Criminal Code (Cth).

In broad terms, a terrorist act involves:

• An action or threat of action

• Done with the intention of advancing a political, religious, or ideological cause

• Intended to coerce a government or intimidate the public

• That causes, or risks causing, serious harm, death, property damage, or serious disruption to critical systems

Importantly, the law excludes advocacy, protest, dissent, or industrial action, provided it is not intended to cause serious harm or danger to the public.

Engaging in a terrorist act – section 101.1

Section 101.1 creates the core terrorism offence.

A person commits an offence if they engage in a terrorist act.

• Maximum penalty – Life imprisonment

• Extended geographical jurisdiction – Conduct may occur outside Australia

This is the most serious offence under Part 5.3 and is reserved for conduct involving direct participation in a terrorist act.

Training connected to terrorism – section 101.2

Under section 101.2, it is an offence to:

• Provide or receive training

• Where the training is connected with preparation for, or assistance in, a terrorist act

• Where the person knows or is reckless as to that connection

Penalties depend on the mental element:

• Knowing – up to 25 years imprisonment

• Reckless – up to 15 years imprisonment

A terrorist act does not need to occur for this offence to be made out.

Possessing items connected with terrorism – section 101.4

Section 101.4 criminalises possession of items connected with terrorist activity.

This includes possessing a thing:

• Connected with preparation for, or assistance in, a terrorist act

• Where the person knows or is reckless as to that connection

Penalties range up to:

• 15 years imprisonment for knowledge

• 10 years imprisonment for recklessness

The prosecution does not need to prove a specific planned attack.

Making or collecting documents – section 101.5

Under section 101.5, it is an offence to:

• Make or collect documents

• Where those documents are connected with preparation for, or assistance in, a terrorist act

This provision often arises in cases involving written material, digital files, manuals, or online content.

Maximum penalties are:

• 15 years imprisonment (knowledge)

• 10 years imprisonment (recklessness)

Planning or preparing for terrorism – section 101.6

Section 101.6 is one of the broadest terrorism offences.

A person commits an offence if they do any act in preparation for, or planning, a terrorist act.

• Maximum penalty – Life imprisonment

• No requirement that a terrorist act occurs

• No requirement for a specific target or date

This section frequently underpins early-stage terrorism prosecutions.

Advocating terrorism - section 80.2C

Advocating terrorism is a standalone terrorism offence under section 80.2C(1)(a)(i) and (b)(i) of the Criminal Code 1995 (Cth).

A person commits this offence if they advocate the doing of a terrorist act, or advocate the commission of a terrorism offence,

and does so recklessly as to whether another person will engage in a terrorist act, or commit a terrorism offence.

In this context, advocate includes counselling, promoting, encouraging, or urging another person to engage in terrorism-related conduct.

Importantly, no terrorist act needs to occur. The offence focuses on the act of advocacy itself and the accused’s recklessness as to its potential impact.

The offence of advocating terrorism carries a maximum penalty of 5 years imprisonment.

What police have to prove in terrorism cases

While each offence differs, terrorism prosecutions commonly focus on:

• Intent – whether the conduct was connected to a political, religious, or ideological cause

• Connection – whether actions were linked to preparation for terrorism

• Knowledge or recklessness – what the person knew, believed, or ignored

• Context – communications, associations, and surrounding conduct

Terrorism cases are frequently built on circumstantial evidence rather than a direct evidence case. Courts consider the surrounding circumstances, including communications, associations, travel, financial activity, and online behaviour. Individual pieces of evidence that may appear innocuous when viewed in isolation are often relied upon by the prosecution to construct a broader narrative of intent and connection. Defence analysis focuses on whether that narrative is properly supported by the evidence, or whether the circumstances are equally consistent with alternative, lawful explanations.

Ultimately, courts assess the evidence as a whole. The question is whether, taken together, the circumstantial evidence proves the required elements of the offence beyond reasonable doubt.

Terrorist organisations and association offences

Division 102 deals with terrorist organisations.

An organisation may be a terrorist organisation if it:

• Engages in, prepares, or assists terrorist acts; or

• Is listed by regulation under section 102.1

Common offences include:

• Directing a terrorist organisation – section 102.2 – Intentionally directing or exercising control over the activities of an organisation known, or recklessly believed, to be a terrorist organisation.

• Membership of a terrorist organisation – section 102.3 – Intentionally being a member of a terrorist organisation while knowing it is a terrorist organisation.

• Recruiting for a terrorist organisation – section 102.4 – Intentionally recruiting, encouraging, or inducing another person to join or participate in the activities of a terrorist organisation.

• Training with a terrorist organisation – section 102.5 – Providing, receiving, or participating in training with a terrorist organisation while knowing or being reckless as to the organisation’s status.

• Funding or providing support – sections 102.6 and 102.7 – Receiving, collecting, or making funds or resources available to a terrorist organisation, or providing support that assists its activities.

• Associating with terrorist organisations – section 102.8 – Repeatedly associating with members of a listed terrorist organisation with the intention of providing support that helps the organisation continue or expand.

Penalties range from 3 years to 25 years imprisonment, depending on the offence and mental element.

Can association alone be a crime?

Yes, in limited circumstances. Under section 102.8, repeated association with members of a listed terrorist organisation can be an offence if:

• The association provides support to the organisation; and

• The person intends that support to help the organisation continue or expand

There are important exceptions, including:

• Family relationships

• Religious worship

• Humanitarian aid

• Legal advice and representation

These defences are technical and fact-specific.

Financing terrorism – sections 103.1 and 103.2

Division 103 deals with terrorism financing.

It is an offence to:

• Provide or collect funds while reckless as to whether they will be used for terrorism (section 103.1)

• Provide funds to a person while reckless as to whether they will engage in terrorism (section 103.2)

Both offences carry a maximum penalty of life imprisonment, even if no terrorist act occurs.

Do terrorism laws apply outside Australia?

Yes. Part 5.3 has extended geographical jurisdiction. Conduct can be prosecuted even if it occurs entirely outside Australia, provided the statutory requirements are met.

What court will hear a terrorism charge?

Terrorism matters are Commonwealth offences, and are often heard in the District or Supreme Courts. Matters will commence in the Magistrates Court, and usually commence with complex bail, suppression, and procedural issues.

What evidence police rely on in terrorism cases

Common categories of evidence include:

• Communications and messaging data – text messages, encrypted messaging applications, call records, and metadata relied upon to infer intent, knowledge, and associations.

• Online activity and digital material – internet searches, social media content, downloaded material, and stored files used to allege ideological motivation or preparation.

• Surveillance and intelligence-led evidence – physical surveillance, intercepted communications, and material obtained through intelligence processes, often forming the backbone of the prosecution narrative.

• Financial records – bank transactions, transfers, and asset movements examined to allege funding, support, or facilitation of terrorist activity.

• Associations and travel history – contact with particular individuals, meetings, travel patterns, and movements relied upon to establish connection and context.

Early analysis of this material is critical, as terrorism cases often turn on how circumstantial evidence is interpreted rather than on any single act. Our criminal defence lawyers have extensive experience analysing complex evidentiary material and identifying admissibility, relevance, and reliability issues that can materially affect how the case is ultimately presented in court.

What should I do if I am under investigation for terrorism?

If you are being questioned or investigated:

• Do not answer police questions without legal advice – you are not required to participate in an interview, and anything you say may later be relied upon in evidence.

• Preserve any relevant material – retain phones, devices, documents, and records that may assist your defence, and avoid deleting or altering data.

• Do not contact potential witnesses or associates – any contact may be misinterpreted, monitored, or relied upon as part of the prosecution case.

• Assume your communications may be monitored – act cautiously in all communications and seek legal advice before engaging in discussions about the investigation.

Urgent advice from an experienced criminal defence lawyer is critical when facing serious allegations, as what you do or say at the outset can materially affect the outcome of the case.