Terrorism Offences

What is
Terrorism Offences?

In New South Wales, terrorism offences are among the most serious crimes and are prosecuted under both state and federal laws. These offences involve acts or threats intended to coerce or influence government or intimidate the public, often for political, ideological, or religious reasons. The main legislation governing terrorism offences includes the Terrorism (Police Powers) Act 2002 (NSW) and the Criminal Code Act 1995 (Cth) (the latter applies nationally). Under Division 101 and 102 of the Criminal Code Act 1995 (Cth), terrorism offences may include:

  • Committing a terrorist act – using violence or threats with the intention of advancing a political, religious, or ideological cause

  • Planning or preparing a terrorist act

  • Possessing things connected with a terrorist act (e.g. weapons, explosives, documents)

  • Financing terrorism or providing material support

  • Recruiting or training others for terrorist activity

  • Being a member of or associating with a terrorist organisation

  • Advocating terrorism, including encouraging others to commit terrorist acts

A “terrorist act” is legally defined as an action or threat intended to cause serious harm, death, or disruption, and intended to coerce the public or government for ideological purposes.

While federal laws apply nationwide, NSW also enforces terrorism laws under the Terrorism (Police Powers) Act 2002, which grants police broad powers such as:

  • Preventative detention

  • Extended questioning without charge

  • Search and arrest without a warrant in certain cases

The Penalties for
Terrorism Offences

In Australia, terrorism offences are primarily governed by the Criminal Code Act 1995 (Cth) and are prosecuted under federal law. These offences carry some of the harshest penalties in the Australian legal system, reflecting the serious threat terrorism poses to national security and public safety. The key terrorism offences and their penalties are as follows:

Engaging in a terrorist act (s101.1)

  • This is the most serious terrorism offence and applies when an individual commits or attempts to commit an act that is intended to cause serious harm or death to advance a political, religious, or ideological cause.

  • The maximum penalty is life imprisonment, regardless of whether the act was completed or merely attempted.

Planning or preparing for a terrorist act (s101.6)

  • A person can be charged with this offence even if no act of terrorism has been carried out. The law targets early intervention and criminalises preparatory behaviour.

  • The maximum penalty is also life imprisonment.

Possessing things connected with a terrorist act (s101.4)

  • This includes having items such as weapons, blueprints, or chemical substances intended for use in terrorism.

  • The maximum penalty is 15 years imprisonment.

Collecting or making documents likely to facilitate a terrorist act (s101.5)

  • Creating or storing documents (such as bomb-making guides or plans) that could assist a terrorist act falls under this offence.

  • It carries a maximum penalty of 15 years imprisonment.

Training for terrorism (s101.2)

  • This applies to individuals who provide or receive training intended for terrorism, including combat skills, ideology, or technical instruction.

  • The maximum penalty is 25 years imprisonment.

Being a member of a terrorist organisation (s102.3)

  • Membership in a group that is officially listed as a terrorist organisation is an offence. Even passive involvement can result in a maximum of 10 years imprisonment.

Recruiting for a terrorist organisation (s102.4)

  • Actively recruiting others to join a terrorist group, especially vulnerable individuals such as minors, is punishable by up to 25 years imprisonment.

Financing terrorism (s103.1)

  • Providing or collecting funds with the knowledge that they will be used for terrorism attracts a maximum penalty of life imprisonment, reflecting the foundational role financing plays in enabling terrorist activity.

Providing or receiving goods or services for terrorism (s103.2)

  • Supplying or acquiring items or services (e.g. transportation, materials, logistics) that support terrorism carries a maximum penalty of 15 years imprisonment.

Advocating terrorism (s80.2C)

  • Publicly encouraging others to commit terrorist acts—such as via speeches, publications, or online platforms—is punishable by up to 5 years imprisonment, even if no act occurs as a result.

These offences illustrate the Australian government's zero-tolerance approach to terrorism. The penalties are designed not only to punish but also to deter early-stage involvement and disrupt networks before attacks occur. Due to the complexity and seriousness of these charges, anyone under investigation or facing terrorism charges should seek immediate legal advice from an experienced criminal defence team.