South Australian Numbered Acts

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STATUTES AMENDMENT (EXTREMIST MATERIAL) ACT 2017 (NO 61 OF 2017) - SECT 4

4—Insertion of section 83CA

After section 83C insert:

83CA—Information for terrorist acts

        (1)         A person who, without reasonable excuse—

            (a)         collects or makes a record of information of a kind likely to be of practical use to a person committing or preparing a terrorist act; or

            (b)         has possession of a document or record containing information of that kind,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

        (2)         If a court finds a person guilty of an offence against this section, the court may order the forfeiture of anything that has been seized and consists of, or contains, material to which the offence relates or consists of equipment used for the commission of the offence.

        (3)         A court making an order for forfeiture of any equipment or item under subsection (2)

may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.

        (4)         In this section—

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

"terrorist act" has the same meaning as in Part 5.3 of the Commonwealth Criminal Code.



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