Sections 101.6 of the Commonwealth Criminal Code states:

(1) A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.

(2) A person commits an offence under subsection (1) or even if:

(a) A terrorist act does not occur; or

(b) The person's act is not done in preparation for, or planning, a specific terrorist act; or

(c) The person's act is done in preparation for, or planning, more than one terrorist act.

(3) Section 15.4 (extended geographical jurisdiction-category D) applies to an offence against subsection (1)

Section 15.4 states

If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:

(a) whether or not the conduct constituting the alleged offence occurs in Australia; and

(b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused did an act in preparation for, or planning a terrorist act.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible defences to this offence include but are not limited to

1. The accused did not do an act in the preparation for, or planning a terrorist act.

2. The accused did an act but it was not in the preparation for, or planning a terrorist act.

3. Identification i.e. it was not the accused

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.