To extract a quote from section 103.2 of the legislation we didn’t need to see:
“A person commits an offence if they makes funds available to another
person and are reckless as to whether the other person will use the
funds to facilitate or engage in a terrorist act.”
On my reading, this says that if you provide funds to anyone who might
be a terrorist, you have committed an offence. They do not need
to be a terrorist – it is sufficient that you are reckless about the
possibility that they might be.
And the definition of funds is pretty broad, it includes money but also goods and pretty much anything else.
So if you sold a pizza to that suspicious guy who looks like Bin Laden, that could be enough.
It’s like jay-walking. Usually, it’s not enforced. And sometimes it is.
The full text I’m quoting from is section 103.2:
103.2 Financing a terrorist
(1) A person commits an offence if:
(a) the person intentionally:
(i) makes funds available to another person (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, another person (whether directly or indirectly); and
(b) the first-mentioned person is reckless as to whether the other
person will use the funds to facilitate or engage in a terrorist act.
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
(a) a terrorist act does not occur; or
(b) the funds will not be used to facilitate or engage in a specific terrorist act; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.
Ben Aveling is a member of the ALP.
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