Commonwealth Numbered Acts Commonwealth Numbered Acts1 The Schedule (Part 5.3 of the Criminal Code )
(1) In this Part:
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.
(a) is based outside Australia; or
(b) consists of persons who are not Australian citizens; or
(c) is part of a larger organisation.
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 person's death; or
(d) endangers a person's 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 person's 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.
(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.
(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:
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.
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)).
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)).
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).
(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 act—the action or threat of
action that constitutes the terrorist act; or
(b) if the conduct is a preliminary act—the 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.
(1) The Acts Interpretation Act 1901 , as in force on the day on which
Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2003 commences,
applies to this Part.
(2) Amendments of the Acts Interpretation Act 1901 made after that day do not
apply to this Part.
(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;
(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;
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:
Penalty: Imprisonment for life.
(2) Section 15.4 (extended geographical
jurisdiction—category D) applies to an offence against
subsection (1).
(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 jurisdiction—category 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.
(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 jurisdiction—category 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.
(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 jurisdiction—category 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.
(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 jurisdiction—category D)
applies to an offence against subsection (1).
Division 102—Terrorist organisations
Subdivision A—Definitions
(1) In this Division:
(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 corporate—a
director or an officer of the body corporate.
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).
(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.
(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.
(1) A person commits an offence if: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.
(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.
(1) A person commits an offence if: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 person's 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.
(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.
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.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 jurisdiction—category D)
applies to an offence against subsection (1).
106.1
Saving—regulations 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;
(2) In this section, commencement means the commencement of this section.