Khazaal's lawyers had argued that except for a few paragraphs he had written, the book was compiled from material already freely available on the Internet.

But the tough new counterterror laws placed an onus of proof on Khazaal, an unusual concept under Australian criminal law. The High Court ruled that Khazaal had failed to provide sufficient evidence that the e-book was not intended to assist in a terrorist act.

Khazaal originally was convicted by a New South Wales state Supreme Court jury in 2008 and sentenced to 12 years in prison. He must serve nine years before he is eligible for parole.