Section 15Part 2 — Terrorist Offences and Weapons of Mass Destruction
Possession for terrorist purposes
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A person commits an offence if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism.
A person commits an offence if —
he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism; or
he possesses a document or record containing information of that kind.
In this section — "record" includes a photographic or electronic record.
In proceedings for an offence under this section, if it is proved that an article, document or record —
was on any premises at the same time as the accused; or
was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the article, document or record, unless he proves that he did not know of its presence on the premises or that he had no control over it.
A person who commits an offence under this section is liable —
on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and
on conviction on indictment, to a fine and to imprisonment for ten years.
A court by or before which a person is convicted of an offence under this section may order the forfeiture of any article, document or record containing information of the kind mentioned in this section.
Before making an order under subsection (6), a court shall give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
An order under subsection (6) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
Defined Terms
record