C. Australian Federal Police Activities

Terrorism Offences (Division 101)

The Australian Federal Police (AFP) charged four individuals with terrorism offences under section 101.6 of the Criminal Code (acts done in preparation for, or planning, terrorist acts) between 1 June 2019 and 31 May 2020. All prosecutions were ongoing as of 31 the end reporting date.

In total, eleven prosecutions for terrorism offences were finalised between 1 June 2019 and 31 May 2020. The results of these prosecutions were as follows:

One prosecution for section 101.1 of the Criminal Code was finalised on 5 June 2019 with a sentence of 36 years imprisonment.

One prosecution for section 101.1 of the Criminal Code was finalised on 5 June 2019 with a sentence of 42 years imprisonment.

Three prosecutions for section 101.1 of the Criminal Code were finalised on 24 July 2019 with sentences of 22 years imprisonment for two defendants and 16 years imprisonment for one defendant. Two of the three defendants were also prosecuted for section 101.6 of the Criminal Code by virtue of section 11.5 of the Criminal Code and these prosecutions were finalised on 29 November 2019 with sentences of 38 years imprisonment for both defendants.

One prosecution for section 101.6 of the Criminal Code was finalised on 2 August 2019 with a sentence of 34 years imprisonment.

One prosecution for section 101.6 of the Criminal Code by virtue of section 11.5 of the Criminal Code was finalised on 9 August 2019 with a sentence of 28 years imprisonment.

One prosecution for section 101.6 of the Criminal Code by virtue of section 11.5 of the Criminal Code was finalised on 29 November 2019 with a sentence of 22 years imprisonment.

Two prosecutions for section 101.6 of the Criminal Code by virtue of section 11.5 of the Criminal Code were finalised on 17 December 2019 with sentences of 36 years imprisonment and 40 years imprisonment.

One prosecution for section 101.4 of the Criminal Code was finalised on 18 December 2019 with a sentence of 4 years imprisonment.

Terrorist Organisations (Division 102)

Between 1 June 2019 and 31 May 2020, the AFP charged six individuals with terrorism offences under Division 102 of the Criminal Code. Some of these people are being prosecuted for multiple offences. The AFP supported the commencement of five prosecutions for an offence related to terrorist organisations between 1 June 2019 and 31 May 2020. They are listed in the below table by the type of offence.

Offences under Division 102 of the Criminal Code

Division 102 of the Criminal Code	Number of people charged with this offence
102.2 Knowingly and intentionally direct the activities of a terrorist organisation	1
102.3 Member of a terrorist organisation	4
102.4 Recruit a person to join a terrorist organisation	1
102.7 Providing support to a terrorist organisation	1
102.8 Associate with a person who is a member of a terrorist organisation	1

There were no prosecutions finalised between 1 June 2019 and 31 May 2020 for offences relating to terrorist organisations.

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 2019 and 31 May 2020.

Control Orders (Division 104)

In total, the AFP applied for, and issued seven interim control orders between 1 June 2019 and 31 May 2020. Two interim control orders were confirmed – one with variation and one without variation.

Control Orders Applied for and Issued by the AFP

Action	Number of Control Orders
Control orders applied for and issued	7
104.4(3) Control orders modified by the issuing court before being issued	0
104.6 Requesting an urgent interim control order by electronic means	0
104.8 Requesting an urgent interim control order in person	0
Control orders confirmed without variation	1
Control orders confirmed with variation	1
Control orders revoked without being confirmed	0
104.20 Removal of one or more obligations, prohibitions or restrictions by court	0
104.24 Addition of obligations, prohibitions or restrictions by court	0
104.27 Offence for contravening a control order	0
Prosecutions finalised for the offence of contravening an order	0

Preventative Detention Orders (Division 105)

The AFP did not apply for and was not issued with any preventative detention orders between 1 June 2019 and 31 May 2020. 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 stated that the Department of Home Affairs is the agency responsible for applying for Continuing Detention Orders (CDOs). As such, the AFP did not apply for and was not issued with any initial continuing detention orders (CDOs) 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 CDO.

Stop, Search and Seizure Powers (Division 3A, Part 1AA, 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 2019 and 31 May 2020. 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 2019 and 31 May 2020. 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.

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