C. Australian Federal Police activities – Part 5.3 of the Criminal Code

1 June 2016 to 31 May 2017

Terrorism offences (Division 101)

The Australian Federal Police (AFP) charged 13 individuals with terrorism offences between 1 June 2016 and 31 May 2017. Some individuals were prosecuted for multiple offences.
Individuals charged with terrorism offences
Offence
No. people charged
101.1 – Terrorist acts
1
101.1 (by virtue of section 11.2) –
Aid, abet, counsel or procure the commission of a terrorist act
1
101.2 –
Providing or receiving training connected with terrorist acts
0
101.4 –
Possessing things connected with terrorist acts
0
101.5 –
Collecting or making documents likely to facilitate terrorist acts
2 (recklessly collect or make documents likely to facilitate terrorist acts)
101.6 –
Other acts done in preparation for, or planning, terrorist acts
8
101.6 (by virtue of section 11.5) –
Conspiracy to commit acts done in preparation for, or planning, terrorist acts
2
Source: Australian Federal Police
Of the 13 prosecutions commenced in the reporting period, two had been finalised and 11 were ongoing as at 31 May 2017.
In total, six prosecutions for terrorism offences were finalised between 1 June 2016 and 31 May 2017. The results were as follows:
One prosecution for section 101.6 was finalised on 5 September 2016, with a sentence of 10 years imprisonment (with a non-parole period of 7.5 years) handed down.
One prosecution for section 101.6 was finalised on 15 September 2016, when that charge was withdrawn.
One prosecution for section 101.6 was finalised on 7 December 2016, with a sentence of 7 years imprisonment (with a non-parole period of 5 years 3 months) handed down.
Two prosecutions for section 101.6 were finalised on 9 December 2016, with a sentence of 20 years imprisonment (with a non-parole period of 15 years) handed down.
One prosecution for section 101.5 was finalised on 8 May 2017, with a sentence of 8.5 years imprisonment (with a non-parole period of 6 years 4 months) handed down.

Terrorist organisations (Division 102)

The AFP charged six individuals with offences relating to terrorist organisations between 1 June 2016 and 31 May 2017.
Individuals charged with terrorist organisation offences
Offence
No. people charged
102.2 – Directing the activities of a terrorist organisation
0
102.3 – Membership of a terrorist organisation
4
102.4 – Recruiting for a terrorist organisation
0
102.5 – Training involving a terrorist organisation
0
102.6 – Getting funds to, from or for a terrorist organisation
2 (collecting funds for a terrorist organisation)
102.7 – Providing support to a terrorist organisation
0
102.8 – Associating with terrorist organisations
0
Source: Australian Federal Police
All prosecutions commenced in the reporting period were ongoing as at 31 May 2017.
Three prosecutions in relation to the offences in Division 102 that commenced in the previous reporting period were also ongoing as at 31 May 2017.

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 2016 and 31 May 2017. There were no prosecutions ongoing or finalised in the period.
Individuals charged for financing terrorism
Offence
No. people charged
103.1 – Financing terrorism
0
103.2 – Financing a terrorist
0
Source: Australian Federal Police

Control orders (Division 104)

There were no interim control orders applied for by the AFP or issued between 1 June 2016 and 31 May 2017.
One interim control order that was issued before the reporting period was confirmed, with variation, during the reporting period.
One prosecution for the offence of contravening a control order was finalised between 1 June 2016 and 31 May 2017. The individual was sentenced to four years imprisonment, with a non-parole period of three years.

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.1 June 2016 to 31 May 2017

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