Preventing the financing of terrorism
A person finances terrorism when they:
- intentionally collect or provide money
- are reckless about whether the money will be used to facilitate or engage in a terrorist act.
It does not matter if:
- they provide or collect the money on behalf of someone else
- the terrorist act does not happen
- the money will not be used for a specific terrorist act or for more than one terrorist act.
It is illegal to finance terrorism under Division 103 of the Criminal Code Act 1995. This department administers the Act.
Donations to charity and financing terrorism
A person can be convicted of financing terrorism if:
- they donate to a charity and are aware there is a substantial risk that the donation will be used for terrorism purposes
- it is unjustifiable to take that risk in the circumstances, that person could be convicted of financing terrorism.
The Australian Transactions and Reports Analysis Centre (AUSTRAC), monitors bank accounts and the movement of money. It is also possible to have bank accounts frozen in Australia if the funds in such accounts belong to, or are derived from, a listed terrorist organisation.
Laws against the financing of terrorism are detailed in:
- Sections 103.1 and 103.2 of the Criminal Code
- Charter of the United Nations Act 1945
- Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2008.