State sponsors of terrorism

A state sponsor of terrorism is a foreign state entity that the government has specified (listed) as a state sponsor of terrorism by regulations. To be listed as a state sponsor of terrorism, a foreign state entity must have:

• directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia, or
• advocated the doing of a terrorist act that was targeted at Australia.

Find listed state sponsors of terrorism and the criteria for listing on the Australian National Security website.

State terrorist act offences

Terrorist acts engaged in by state sponsors of terrorism (that is, foreign entities that have been listed as state sponsors of terrorism), or their members, are state terrorist acts. State terrorist acts include where a state sponsor of terrorism is involved in a terrorist act with non-state entities.

To be a state terrorist act, the person engaging in the conduct must be an Australian citizen or Australian permanent resident, or the conduct must be targeted at Australia. Activities which occur in the context of, and are associated with, an international armed conflict, are not state terrorist acts.

It is an offence to:

• engage in a state terrorist act
• provide or receive training connected with state terrorist acts
• possess things connected with state terrorist acts
• collect or make documents likely to facilitate state terrorist acts
• plan or prepare state terrorist acts.

It is also an offence for a state sponsor of terrorism to assist others to engage in terrorist acts. Specifically, it is an offence for state sponsors of terrorism to:

• provide or receive training connected with terrorist acts
• possess things connected with terrorist acts
• collect or make documents likely to facilitate terrorist acts
• prepare or plan terrorist acts.

These offences only apply if the person committing the offence is an Australian citizen or Australian permanent resident, or the terrorist act is targeted at Australia.

The Attorney-General’s consent is required to prosecute offences under Division 111 of the Criminal Code.

Offences for state sponsors of terrorism

State sponsors of terrorism offences are detailed in Division 112 of the Criminal Code Act 1995. Under Division 112 it is an offence to:

• direct the activities of a state sponsor of terrorism
• be a member of a state sponsor of terrorism
• recruit for a state sponsor of terrorism
• train or receive training from, or participate in training with a state sponsor of terrorism
• acquire funds for, from or to a state sponsor of terrorism
• provide support to a state sponsor of terrorism.

It is also an offence to associate with a state sponsor of terrorism, or a member of a state sponsor of terrorism. This is subject to certain exemptions, including where the association is:

• with close family members for a family matter
• for religious purposes
• for providing humanitarian aid
• for legal advice or representation.

There are also general exemptions for legitimate and unavoidable interactions with a state sponsor of terrorism including complying with a court order, performing official duties, or to receive or obtain certain services.

The Attorney-General’s consent is required to prosecute offences under Division 112 of the Criminal Code.

Preventing the financing of state terrorist acts

It is illegal to finance state terrorist acts under Division 113 of the Criminal Code Act 1995.

A person finances state terrorist acts when they:

• intentionally collect or provide money, and
• are reckless about whether the money will be used to facilitate or engage in a state terrorist act.

It does not matter if:

• the state terrorist act does not happen
• the money will not be used for a specific state terrorist act or for more than one state terrorist act.

There are exemptions for legitimate and unavoidable interactions with a state sponsor of terrorism including complying with a court order, performing official duties, or receive or obtain certain services.

The Attorney-General’s consent is required to prosecute offences under Division 113 of the Criminal Code.

Freezing assets of state sponsors of terrorism 

As a member of the United Nations, Australia has obligations to freeze the assets of certain entities in relation to terrorism.

These obligations are implemented through Part 4 of the Charter of the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulations 2008. Sanctions on entities are also implemented through the Autonomous Sanctions Act 2011 and the Autonomous Sanctions Regulations 2011.

The Department of Foreign Affairs and Trade administers these Acts.