New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 9

9 Convicted NSW underlying terrorism offender

(1) In this Act, an eligible offender is a
"convicted NSW underlying terrorism offender" if--

(a) the offender is serving (or is continuing to be supervised or detained under this Act after serving) a sentence of imprisonment for a NSW indictable offence (the
"offender's offence" ), and

(b) the offender's offence is a serious offence, and

(c) the offender's offence occurred in a terrorism context.

(2) Each of the following kinds of offences (however described) is a
"serious offence" --

(a) an offence against the Firearms Act 1996 ,

(b) an offence against the Weapons Prohibition Act 1998 ,

(c) an offence that caused the death of, or grievous bodily harm or other serious physical harm to, a person,

(d) an offence that caused serious damage to property,

(e) an offence that endangered a person's life (other than the life of the offender),

(f) an offence that caused a serious risk to the health or safety of the public or a section of the public,

(g) an offence that seriously interfered with, or seriously disrupted, or destroyed, an electronic system including, but not limited to, any of the following--

(i) an information system,

(ii) a telecommunications system,

(iii) a financial system,

(iv) a system used for the delivery of essential government services,

(v) a system used for, or by, an essential public utility,

(vi) a system used for, or by, a transport system,

(h) an offence of attempting, assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit any of the kinds of offences mentioned in paragraphs (a)-(g).

(3) An eligible offender's offence occurred in a
"terrorism context" if--

(a) the offender committed the offender's offence with--

(i) the intention of advancing a political, religious or ideological cause, and

(ii) the intention of coercing, or influencing by intimidation, the government of an Australian jurisdiction or foreign country (or of part of an Australian jurisdiction or foreign country) or of intimidating the public or a section of the public, or

(b) the offender knew, or was reckless as to whether, the offender's offence would materially assist any other person to commit--

(i) an offence against section 310J of the Crimes Act 1900 , or

(ii) a NSW indictable offence that is a serious offence committed by the other person with the intentions referred to in paragraph (a), or

(iii) a terrorism offence within the meaning of the Crimes Act 1914 of the Commonwealth.

(4) In this section--

(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside the State (including within or outside Australia), and

(b) a reference to the public includes a reference to the public of another Australian jurisdiction or of a foreign country.