Financing of terrorism

8 Financing of, or provision of material support for, terrorism
Wilful provision or collection of funds for use to carry out terrorist acts

(1)

A person commits an offence if the person provides or collects funds—

(a)

directly or indirectly; and

(b)

wilfully; and

(c)

without lawful justification or reasonable excuse; and

(d)

intending that the funds be used, or knowing that, or being reckless about whether, they will be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts.

Wilful provision of material support for use to carry out terrorist acts

(1A)

A person commits an offence if the person provides material support—

(a)

directly or indirectly; and

(b)

wilfully; and

(c)

without lawful justification or reasonable excuse; and

(d)

intending that the support be used, or knowing that, or being reckless about whether, it is to be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts.

(2)

[Repealed]

Wilful provision or collection of funds for use by entity known to carry out or participate in carrying out of terrorist acts

(2A)

A person commits an offence if the person provides or collects funds—

(a)

directly or indirectly; and

(b)

wilfully; and

(c)

without lawful justification or reasonable excuse; and

(d)

intending that the funds be used, or knowing that, or being reckless about whether, they will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

Wilful provision of material support for use by entity known to carry out or participate in carrying out of terrorist acts

(2B)

A person commits an offence if the person provides material support—

(a)

directly or indirectly; and

(b)

wilfully; and

(c)

without lawful justification or reasonable excuse; and

(d)

intending that the material support be used, or knowing that, or being reckless about whether, it will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

Funds or material support need not be used to carry out terrorist act

(3)

In a prosecution for financing of, or provision of material support for, terrorism, it is not necessary for the prosecutor to prove that the funds or material support collected or provided were or was actually used, in full or in part, to carry out a terrorist act.

Penalty

(4)

A person who commits financing of, or provision of material support for, terrorism is liable on conviction to imprisonment for a term not exceeding—

(a)

14 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d) is intention:

(b)

10 years, if the mental element under subsection (1)(d), (1A)(d), (2A)(d), or (2B)(d) is knowledge or recklessness.

Material support excludes humanitarian support to satisfy basic needs

(5)

For the purposes of this section and of any other legislation that mentions this section, material support excludes, despite paragraphs (a) and (b) of the definition of that term in section 4(1), support that does, or may do, no more than provide support necessary to satisfy basic needs of those to whom, or for whose benefit, it is provided—

(a)

in good faith for genuine humanitarian reasons; and

(b)

impartially or neutrally as between people who have those needs.

Section 8 heading: amended, on 5 October 2021, by section 10(1) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(1) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(1): replaced, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(1A) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(1A): inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(2): repealed, on 20 November 2007, by section 7 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 8(2A) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(2A): replaced, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(2B) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(2B): inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(3) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(3): replaced, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(4) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(4): replaced, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(5) heading: inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 8(5): inserted, on 5 October 2021, by section 10(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).