Advocating terrorism offences

Advocating terrorism

It is an offence to advocate doing a terrorist act or committing a terrorism offence. A person commits this offence if they do so intentionally and are reckless as to whether another person will engage in a terrorist act or commit a terrorism offence.

A person advocates terrorism if they do any of the following:

• counsel, promote, encourage or urge anyone to do a terrorist act or commit a terrorism offence
• provide instruction on how to do a terrorist act or commit a terrorism offence
• praise anyone for doing a terrorist act or committing a terrorism offence if there is a substantial risk that such praise may lead another person to engage in a terrorist act or to commit a terrorism offence.

If found guilty of advocating terrorism, a person could face up to 7 years imprisonment.

Terrorism offences are defined in subsection 3(1) of the Crimes Act 1914. They include:

• explosives and lethal devices
• treason
• foreign incursions and recruitment
• terrorist acts or terrorist organisations.

There is a defence available for certain acts done in good faith. This defence protects the implied freedom of political communication. For example, it specifically excludes from the offence publishing a report or commentary about a matter of public interest in good faith.