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This is a Bill, not an Act. For current law, see the Acts databases.
$$T
Criminal Code Amendment (Terrorism) Bill
2002
$$T
2002
The Parliament of the
Commonwealth of
Australia
HOUSE OF REPRESENTATIVES
Presented and read a first
time
Criminal Code Amendment
(Terrorism) Bill 2002
No. ,
2002
(Attorney-General)
A Bill for an Act to amend
the Criminal Code Act 1995, and for related
purposes
Contents
A Bill for an Act to amend the
Criminal Code Act 1995, and for related purposes
The
Parliament of Australia enacts:
1 Short title
This Act may
be cited as the Criminal Code Amendment (Terrorism) Act 2002.
2
Commencement
(1) Each provision of this Act specified in column
1 of the table commences, or is taken to have commenced, on the day or at the
time specified in column 2 of the table.
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
A single day to be fixed by Proclamation |
|
Note: This table relates only to the provisions of this Act as
originally passed by the Parliament and assented to. It will not be expanded to
deal with provisions inserted in this Act after assent.
(2) Column 3
of the table is for additional information that is not part of this Act. This
information may be included in any published version of this Act.
3
Schedule(s)
Each Act that is specified in a Schedule to this Act is
amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Schedule 1 Amendment of the Criminal Code Act
1995
1 The Schedule (Part 5.3 of the Criminal
Code)
Repeal the Part, substitute:
Part 5.3
Terrorism
Division 100 Preliminary
100.1
Definitions
(1) In this Part:
Commonwealth
place has the same meaning as in the Commonwealth Places (Application
of Laws) Act 1970.
constitutional corporation means a
corporation to which paragraph 51(xx) of the Constitution
applies.
express amendment of the provisions of this Part
or Chapter 2 means the direct amendment of the provisions (whether by the
insertion, omission, repeal, substitution or relocation of words or
matter).
funds means:
(a) property and assets
of every kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) legal documents or instruments in any form,
including electronic or digital, evidencing title to, or interest in, such
property or assets, including, but not limited to, bank credits, travellers
cheques, bank cheques, money orders, shares, securities, bonds, debt
instruments, drafts and letters of credit.
organisation
means a body corporate or an unincorporated body, whether or not the
body:
(a) is based outside Australia; or
(b) consists of
persons who are not Australian citizens; or
(c) is part of a larger
organisation.
referring State has the meaning given by
section 100.2.
terrorist act means an action or threat
of action where:
(a) the action falls within subsection (2) and
does not fall within subsection (3); and
(b) the action is done
or the threat is made with the intention of advancing a political, religious or
ideological cause; and
(c) the action is done or the threat is made
with the intention of:
(i) coercing, or influencing by intimidation,
the government of the Commonwealth or a State, Territory or foreign country, or
of part of a State, Territory or foreign country;
or
(ii) intimidating the public or a section of the
public.
(2) Action falls within this subsection if
it:
(a) causes serious harm that is physical harm to a person;
or
(b) causes serious damage to property; or
(c) causes
a persons death; or
(d) endangers a persons life, other than the
life of the person taking the action; or
(e) creates a serious risk
to the health or safety of the public or a section of the public;
or
(f) seriously interferes with, seriously disrupts, or destroys,
an electronic system including, but not limited to:
(i) an
information system; or
(ii) a telecommunications system;
or
(iii) a financial system; or
(iv) a system used for
the delivery of essential government services; or
(v) a system used
for, or by, an essential public utility; or
(vi) a system used for,
or by, a transport system.
(3) Action falls within this subsection
if it:
(a) is advocacy, protest, dissent or industrial action;
and
(b) is not intended:
(i) to cause serious harm that
is physical harm to a person; or
(ii) to cause a persons death;
or
(iii) to endanger the life of a person, other than the person
taking the action; or
(iv) to create a serious risk to the health or
safety of the public or a section of the public.
(4) In this
Division:
(a) a reference to any person or property is a reference
to any person or property wherever situated, within or outside Australia;
and
(b) a reference to the public includes a reference to the public
of a country other than Australia.
100.2 Referring
States
(1) A State is a referring State if the
Parliament of the State has referred the matters covered by subsections (2)
and (3) to the Parliament of the Commonwealth for the purposes of paragraph
51(xxxvii) of the Constitution:
(a) if and to the extent that the
matters are not otherwise included in the legislative powers of the Parliament
of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of
the Constitution); and
(b) if and to the extent that the matters are
included in the legislative powers of the Parliament of the State.
This
subsection has effect subject to subsection (5).
(2) This
subsection covers the matters to which the referred provisions relate to the
extent of making laws with respect to those matters by including the referred
provisions in this Code.
(3) This subsection covers the matter of
terrorist acts, and of actions relating to terrorist acts, to the extent of
making laws with respect to that matter by making express amendment of this Part
or Chapter 2.
(4) A State is a referring State
even if a law of the State provides that the reference to the
Commonwealth Parliament of either or both of the matters covered by
subsections (2) and (3) is to terminate in particular
circumstances.
(5) A State ceases to be a referring State if a
reference by the State of either or both of the matters covered by
subsections (2) and (3) terminate.
(6) In this
section:
referred provisions means the provisions of
Part 5.3 of this Code as inserted by the Criminal Code Amendment
(Terrorism) Act 2002, to the extent to which they deal with matters that are
included in the legislative powers of the Parliaments of the
States.
100.3 Constitutional basis for the operation of this
Part
Operation in a referring State
(1) The
operation of this Part in a referring State is based on:
(a) the
legislative powers that the Commonwealth Parliament has under section 51 of
the Constitution (other than paragraph 51(xxxvii)); and
(b) the
legislative powers that the Commonwealth Parliament has in respect of matters to
which this Part relates because those matters are referred to it by the
Parliament of the referring State under paragraph 51(xxxvii) of the
Constitution.
Note: The State reference fully supplements the
Commonwealth Parliaments other powers by referring the matters to the
Commonwealth Parliament to the extent to which they are not otherwise included
in the legislative powers of the Commonwealth Parliament.
Operation in
a non-referring State
(2) The operation of this Part in a State
that is not a referring State is based on the legislative powers that the
Commonwealth Parliament has under section 51 of the Constitution (other
than paragraph 51(xxxvii)).
Note: Subsection 100.4(5) identifies
particular powers that are being relied on.
Operation in a
Territory
(3) The operation of this Part in the Northern
Territory, the Australian Capital Territory or an external Territory is based
on:
(a) the legislative powers that the Commonwealth Parliament has
under section 122 of the Constitution to make laws for the government of
that Territory; and
(b) the legislative powers that the Commonwealth
Parliament has under section 51 of the Constitution (other than paragraph
51(xxxvii)).
Despite subsection 22(3) of the Acts Interpretation Act
1901, this Part as applying in those Territories is a law of the
Commonwealth.
Operation outside Australia
(4) The
operation of this Part outside Australia and the external Territories is based
on:
(a) the legislative powers that the Commonwealth Parliament has
under paragraph 51(xxix) of the Constitution; and
(b) the other
legislative powers that the Commonwealth Parliament has under section 51 of
the Constitution (other than paragraph 51(xxxvii)).
100.4 Application
of provisions
Part generally applies to all terrorist acts and
preliminary acts
(1) Subject to subsection (4), this Part
applies to the following conduct:
(a) all actions or threats of
action that constitute terrorist acts (no matter where the action occurs, the
threat is made or the action, if carried out, would occur);
(b) all
actions (preliminary acts) that relate to terrorist acts but do
not themselves constitute terrorist acts (no matter where the preliminary acts
occur and no matter where the terrorist acts to which they relate occur or would
occur).
Note: See the following
provisions:
(a) subsection 101.1(2);
(b) subsection
101.2(4);
(c) subsection 101.4(4);
(d) subsection
101.5(4);
(e) subsection
101.6(3);
(f) section 102.9.
Operation in relation to
terrorist acts and preliminary acts occurring in a State that is not a referring
State
(2) Subsections (4) and (5) apply to conduct if the
conduct is itself a terrorist act and:
(a) the terrorist act
consists of an action and the action occurs in a State that is not a referring
State; or
(b) the terrorist act consists of a threat of action and
the threat is made in a State that is not a referring
State.
(3) Subsections (4) and (5) also apply to conduct if the
conduct is a preliminary act that occurs in a State that is not a referring
State and:
(a) the terrorist act to which the preliminary act
relates consists of an action and the action occurs, or would occur, in a State
that is not a referring State; or
(b) the terrorist act to which the
preliminary act relates consists of a threat of action and the threat is made,
or would be made, in a State that is not a referring
State.
(4) Notwithstanding any other provision in this Part, this
Part applies to the conduct only to the extent to which the Parliament has power
to legislate in relation to:
(a) if the conduct is itself a
terrorist actthe action or threat of action that constitutes the terrorist act;
or
(b) if the conduct is a preliminary actthe action or threat of
action that constitutes the terrorist act to which the preliminary act
relates.
(5) Without limiting the generality of subsection (4),
this Part applies to the action or threat of action if:
(a) the
action affects, or if carried out would affect, the interests
of:
(i) the Commonwealth; or
(ii) an authority of the
Commonwealth; or
(iii) a constitutional corporation;
or
(b) the threat is made to:
(i) the Commonwealth;
or
(ii) an authority of the Commonwealth; or
(iii) a
constitutional corporation; or
(c) the action is carried out by, or
the threat is made by, a constitutional corporation; or
(d) the
action takes place, or if carried out would take place, in a Commonwealth place;
or
(e) the threat is made in a Commonwealth place;
or
(f) the action involves, or if carried out would involve, the use
of a postal service or other like service; or
(g) the threat is made
using a postal or other like service; or
(h) the action involves, or
if carried out would involve, the use of an electronic communication;
or
(i) the threat is made using an electronic communication;
or
(j) the action disrupts, or if carried out would disrupt, trade
or commerce:
(i) between Australia and places outside Australia;
or
(ii) among the States; or
(iii) within a Territory,
between a State and a Territory or between 2 Territories; or
(k) the
action disrupts, or if carried out would disrupt:
(i) banking (other
than State banking not extending beyond the limits of the State concerned);
or
(ii) insurance (other than State insurance not extending beyond
the limits of the State concerned); or
(l) the action is, or if
carried out would be, an action in relation to which the Commonwealth is obliged
to create an offence under international law; or
(m) the threat is
one in relation to which the Commonwealth is obliged to create an offence under
international law.
(6) To avoid doubt, subsections (2) and (3)
apply to a State that is not a referring State at a particular time even if no
State is a referring State at that time.
100.5 Application of Acts
Interpretation Act 1901
(1) The Acts Interpretation Act
1901, as in force on the day on which Schedule 1 to the
Criminal Code Amendment (Terrorism) Act 2002 commences, applies to this
Part.
(2) Amendments of the Acts Interpretation Act 1901 made
after that day do not apply to this Part.
100.6 Concurrent operation
intended
(1) This Part is not intended to exclude or limit the
concurrent operation of any law of a State or Territory.
(2) Without
limiting subsection (1), this Part is not intended to exclude or limit the
concurrent operation of a law of a State or Territory that
makes:
(a) an act or omission that is an offence against a provision
of this Part; or
(b) a similar act or omission;
an offence
against the law of the State or Territory.
(3) Subsection (2)
applies even if the law of the State or Territory does any one or more of the
following:
(a) provides for a penalty for the offence that differs
from the penalty provided for in this Part;
(b) provides for a fault
element in relation to the offence that differs from the fault elements
applicable to the offence under this Part;
(c) provides for a
defence in relation to the offence that differs from the defences applicable to
the offence under this Part.
(4) If:
(a) an act or
omission of a person is an offence under this Part and is also an offence under
the law of a State or Territory; and
(b) the person has been
punished for the offence under the law of the State or Territory;
the
person is not liable to be punished for the offence under this
Part.
100.7 Regulations may modify operation of this Part to deal with
interaction between this Part and State and Territory
laws
(1) The regulations may modify the operation of this Part
so that:
(a) provisions of this Part do not apply to a matter that
is dealt with by a law of a State or Territory specified in the regulations;
or
(b) no inconsistency arises between the operation of a provision
of this Part and the operation of a State or Territory law specified in the
regulations.
(2) Without limiting subsection (1), regulations
made for the purposes of that subsection may provide that the provision of this
Part does not apply to:
(a) a person specified in the regulations;
or
(b) a body specified in the regulations;
or
(c) circumstances specified in the regulations;
or
(d) a person or body specified in the regulations in the
circumstances specified in the regulations.
(3) In this
section:
matter includes act, omission, body, person or
thing.
100.8 Approval for changes to or affecting this
Part
(1) This section applies to:
(a) an express
amendment of this Part (including this section); and
(b) an express
amendment of Chapter 2 that applies only to this Part (whether or not it is
expressed to apply only to this Part).
(2) An express amendment to
which this section applies is not to be made unless the amendment is approved
by:
(a) a majority of the group consisting of the States, the
Australian Capital Territory and the Northern Territory; and
(b) at
least 4 States.
Division 101 Terrorism
101.1 Terrorist
acts
(1) A person commits an offence if the person engages in a
terrorist act.
Penalty: Imprisonment for
life.
(2) Section 15.4 (extended geographical
jurisdictioncategory D) applies to an offence against
subsection (1).
101.2 Providing or receiving training connected
with terrorist acts
(1) A person commits an offence
if:
(a) the person provides or receives training;
and
(b) the training is connected with preparation for, the
engagement of a person in, or assistance in a terrorist act;
and
(c) the person mentioned in paragraph (a) knows of the
connection described in paragraph (b).
Penalty: Imprisonment
for 25 years.
(2) A person commits an offence
if:
(a) the person provides or receives training;
and
(b) the training is connected with preparation for, the
engagement of a person in, or assistance in a terrorist act;
and
(c) the person mentioned in paragraph (a) is reckless as to
the existence of the connection described in
paragraph (b).
Penalty: Imprisonment for 15
years.
(3) A person commits an offence under this section even if
the terrorist act does not occur.
(4) Section 15.4 (extended
geographical jurisdictioncategory D) applies to an offence against this
section.
(5) If, in a prosecution for an offence (the
prosecuted offence) against a subsection of this section, the
trier of fact is not satisfied that the defendant is guilty of the offence, but
is satisfied beyond reasonable doubt that the defendant is guilty of an offence
(the alternative offence) against another subsection of this
section, the trier of fact may find the defendant not guilty of the prosecuted
offence but guilty of the alternative offence, so long as the defendant has been
accorded procedural fairness in relation to that finding of
guilt.
101.4 Possessing things connected with terrorist
acts
(1) A person commits an offence if:
(a) the
person possesses a thing; and
(b) the thing is connected with
preparation for, the engagement of a person in, or assistance in a terrorist
act; and
(c) the person mentioned in paragraph (a) knows of the
connection described in paragraph (b).
Penalty: Imprisonment
for 15 years.
(2) A person commits an offence
if:
(a) the person possesses a thing; and
(b) the thing
is connected with preparation for, the engagement of a person in, or assistance
in a terrorist act; and
(c) the person mentioned in
paragraph (a) is reckless as to the existence of the connection described
in paragraph (b).
Penalty: Imprisonment for 10
years.
(3) A person commits an offence under subsection (1) or
(2) even if the terrorist act does not occur.
(4) Section 15.4
(extended geographical jurisdictioncategory D) applies to an offence against
this section.
(5) Subsections (1) and (2) do not apply if the
possession of the thing was not intended to facilitate preparation for, the
engagement of a person in, or assistance in a terrorist act.
Note: A
defendant bears an evidential burden in relation to the matter in
subsection (5) (see subsection 13.3(3)).
(6) If, in a
prosecution for an offence (the prosecuted offence) against a
subsection of this section, the trier of fact is not satisfied that the
defendant is guilty of the offence, but is satisfied beyond reasonable doubt
that the defendant is guilty of an offence (the alternative
offence) against another subsection of this section, the trier of fact
may find the defendant not guilty of the prosecuted offence but guilty of the
alternative offence, so long as the defendant has been accorded procedural
fairness in relation to that finding of guilt.
101.5 Collecting or
making documents likely to facilitate terrorist acts
(1) A
person commits an offence if:
(a) the person collects or makes a
document; and
(b) the document is connected with preparation for,
the engagement of a person in, or assistance in a terrorist act;
and
(c) the person mentioned in paragraph (a) knows of the
connection described in paragraph (b).
Penalty: Imprisonment
for 15 years.
(2) A person commits an offence
if:
(a) the person collects or makes a document;
and
(b) the document is connected with preparation for, the
engagement of a person in, or assistance in a terrorist act;
and
(c) the person mentioned in paragraph (a) is reckless as to
the existence of the connection described in
paragraph (b).
Penalty: Imprisonment for 10
years.
(3) A person commits an offence under subsection (1) or
(2) even if the terrorist act does not occur.
(4) Section 15.4
(extended geographical jurisdictioncategory D) applies to an offence against
this section.
(5) Subsections (1) and (2) do not apply if the
collection or making of the document was not intended to facilitate preparation
for, the engagement of a person in, or assistance in a terrorist
act.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (5) (see subsection 13.3(3)).
(6) If, in a
prosecution for an offence (the prosecuted offence) against a
subsection of this section, the trier of fact is not satisfied that the
defendant is guilty of the offence, but is satisfied beyond reasonable doubt
that the defendant is guilty of an offence (the alternative
offence) against another subsection of this section, the trier of fact
may find the defendant not guilty of the prosecuted offence but guilty of the
alternative offence, so long as the defendant has been accorded procedural
fairness in relation to that finding of guilt.
101.6 Other acts done
in preparation for, or planning, terrorist acts
(1) A person
commits an offence if the person does any act in preparation for, or planning, a
terrorist act.
Penalty: Imprisonment for life.
(2) A
person commits an offence under subsection (1) even if the terrorist act
does not occur.
(3) Section 15.4 (extended geographical
jurisdictioncategory D) applies to an offence against
subsection (1).
Division 102 Terrorist
organisations
Subdivision A Definitions
102.1
Definitions
(1) In this Division:
member of
an organisation includes:
(a) a person who is an informal member of
the organisation; and
(b) a person who has taken steps to become a
member of the organisation; and
(c) in the case of an organisation
that is a body corporatea director or an officer of the body
corporate.
recruit includes induce, incite and
encourage.
terrorist organisation means:
(a) an
organisation that is directly or indirectly engaged in, preparing, planning,
assisting in or fostering the doing of a terrorist act (whether or not the
terrorist act occurs); or
(b) an organisation that is specified by
the regulations for the purposes of this paragraph (see
subsections (2), (3) and (4)).
(2) Before the Governor-General
makes a regulation specifying an organisation for the purposes of
paragraph (b) of the definition of terrorist organisation in
this section, the Minister must be satisfied on reasonable grounds
that:
(a) the Security Council of the United Nations has made a
decision relating wholly or partly to terrorism; and
(b) the
organisation is identified in the decision, or using a mechanism established
under the decision, as an organisation to which the decision relates;
and
(c) the organisation is directly or indirectly engaged in,
preparing, planning, assisting in or fostering the doing of a terrorist act
(whether or not the terrorist act has occurred or will
occur).
(3) Regulations for the purposes of paragraph (b) of
the definition of terrorist organisation in this section cease to
have effect on the second anniversary of the day on which they take effect. To
avoid doubt, this subsection does not prevent:
(a) the repeal of
those regulations; or
(b) the cessation of effect of those
regulations under subsection (4); or
(c) the making of new
regulations the same in substance as those regulations (whether the new
regulations are made or take effect before or after those regulations cease to
have effect because of this subsection).
(4) A regulation specifying
an organisation for the purposes of paragraph (b) of the definition of
terrorist organisation in this section ceases to have effect
when:
(a) the decision mentioned in paragraph (2)(a) ceases to
have effect; or
(b) the organisation ceases to be identified as
described in paragraph (2)(b).
The regulation does not revive even
if the organisation is again identified as described in
paragraph (2)(b).
(5) To avoid doubt, subsection (4) does
not prevent:
(a) the repeal of a regulation; or
(b) the
making of a regulation that is the same in substance as a regulation that has
ceased to have effect because of that subsection.
(6) For the
purpose of making regulations specifying an organisation for the purposes of
paragraph (b) of the definition of terrorist organisation in
this section, it does not matter whether the relevant decision of the Security
Council of the United Nations was made before or after 6 July
2002.
Subdivision B Offences
102.2 Directing the activities of
a terrorist organisation
(1) A person commits an offence
if:
(a) the person intentionally directs the activities of an
organisation; and
(b) the organisation is a terrorist organisation;
and
(c) the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment for 25 years.
(2) A
person commits an offence if:
(a) the person intentionally directs
the activities of an organisation; and
(b) the organisation is a
terrorist organisation; and
(c) the person is reckless as to whether
the organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
102.3 Membership of a terrorist
organisation
(1) A person commits an offence
if:
(a) the person intentionally is a member of an organisation;
and
(b) the organisation is a terrorist organisation because of
paragraph (b) of the definition of terrorist organisation in
this Division (whether or not the organisation is a terrorist organisation
because of paragraph (a) of that definition also); and
(c) the
person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment for 10
years.
(2) Subsection (1) does not apply if the person proves
that he or she took all reasonable steps to cease to be a member of the
organisation as soon as practicable after the person knew that the organisation
was a terrorist organisation.
Note: A defendant bears a legal burden
in relation to the matter in subsection (2) (see
section 13.4).
102.4 Recruiting for a terrorist
organisation
(1) A person commits an offence
if:
(a) the person intentionally recruits a person to join, or
participate in the activities of, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
first-mentioned person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment for 25 years.
(2) A
person commits an offence if:
(a) the person intentionally recruits
a person to join, or participate in the activities of, an organisation;
and
(b) the organisation is a terrorist organisation;
and
(c) the first-mentioned person is reckless as to whether the
organisation is a terrorist organisation.
Penalty: Imprisonment for
15 years.
102.5 Training a terrorist organisation or receiving
training from a terrorist organisation
(1) A person commits an
offence if:
(a) the person intentionally provides training to, or
intentionally receives training from, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the person knows
the organisation is a terrorist organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits an offence
if:
(a) the person intentionally provides training to, or
intentionally receives training from, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the person is
reckless as to whether the organisation is a terrorist
organisation.
Penalty: Imprisonment for 15 years.
102.6
Getting funds to or from a terrorist organisation
(1) A person
commits an offence if:
(a) the person intentionally receives funds
from, or makes funds available to, an organisation (whether directly or
indirectly); and
(b) the organisation is a terrorist organisation;
and
(c) the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment for 25 years.
(2) A
person commits an offence if:
(a) the person intentionally receives
funds from, or makes funds available to, an organisation (whether directly or
indirectly); and
(b) the organisation is a terrorist organisation;
and
(c) the person is reckless as to whether the organisation is a
terrorist organisation.
Penalty: Imprisonment for 15
years.
(3) Subsections (1) and (2) do not apply to the persons
receipt of funds from the organisation if the person proves that he or she
received the funds solely for the purpose of the provision
of:
(a) legal representation for a person in proceedings relating to
this Division; or
(b) assistance to the organisation for it to
comply with a law of the Commonwealth or a State or
Territory.
Note: A defendant bears a legal burden in relation to the
matter in subsection (3) (see section 13.4).
102.7 Providing
support to a terrorist organisation
(1) A person commits an
offence if:
(a) the person intentionally provides to an organisation
support or resources that would help the organisation engage in an activity
described in paragraph (a) of the definition of terrorist
organisation in this Division; and
(b) the organisation is a
terrorist organisation; and
(c) the person knows the organisation is
a terrorist organisation.
Penalty: Imprisonment for 25
years.
(2) A person commits an offence if:
(a) the
person intentionally provides to an organisation support or resources that would
help the organisation engage in an activity described in paragraph (a) of
the definition of terrorist organisation in this Division;
and
(b) the organisation is a terrorist organisation;
and
(c) the person is reckless as to whether the organisation is a
terrorist organisation.
Penalty: Imprisonment for 15
years.
Subdivision C General provisions relating to
offences
102.9 Extended geographical jurisdiction for
offences
Section 15.4 (extended geographical
jurisdictioncategory D) applies to an offence against this
Division.
102.10 Alternative verdicts
(1) This section
applies if, in a prosecution for an offence (the prosecuted
offence) against a subsection of a section of this Division, the trier
of fact is not satisfied that the defendant is guilty of the offence, but is
satisfied beyond reasonable doubt that the defendant is guilty of an offence
(the alternative offence) against another subsection of that
section.
(2) The trier of fact may find the defendant not guilty of
the prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
Division 103 Financing terrorism
103.1 Financing
terrorism
(1) A person commits an offence
if:
(a) the person provides or collects funds;
and
(b) the person is reckless as to whether the funds will be used
to facilitate or engage in a terrorist act.
Penalty: Imprisonment
for life.
Note: Intention is the fault element for the conduct
described in paragraph (1)(a). See subsection 5.6(1).
(2) A
person commits an offence under subsection (1) even if the terrorist act
does not occur.
(3) Section 15.4 (extended geographical
jurisdictioncategory D) applies to an offence against
subsection (1).
Division 106 Transitional
provisions
106.1 Savingregulations made for the purposes of the
definition of terrorist
organisation
(1) If:
(a) regulations were made
before commencement for the purposes of paragraph (c) of the definition of
terrorist organisation in subsection 102.1(1), as in force before
commencement; and
(b) the regulations were in force immediately
before commencement;
the regulations have effect, after commencement, as
if they had been made for the purposes of paragraph (b) of the definition
of terrorist organisation in subsection 102.1(1), as in force
after commencement.
(2) In this section, commencement
means the commencement of this section.
Schedule 2Amendment of the
Security Legislation Amendment (Terrorism) Act 2002
1 Subsection
4(1)
Repeal the subsection, substitute:
(1) The
Attorney-General must cause a review of the operation, effectiveness and
implications of amendments made by:
(a) the Security Legislation
Amendment (Terrorism) Act 2002; and
(b) the Suppression of
the Financing of Terrorism Act 2002; and
(c) the Criminal
Code Amendment (Suppression of Terrorist Bombings) Act 2002;
and
(d) the Border Security Legislation Amendment Act 2002;
and
(e) the Telecommunications Interception Legislation Amendment
Act 2002; and
(f) the Criminal Code Amendment (Terrorism) Act
2002.
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