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STATUTES AMENDMENT (TERROR SUSPECT DETENTION) ACT 2017 (NO 69 OF 2017) - SECT 18

18—Amendment of section 4—Interpretation

        (1)         Section 4—after the definition of "CE" insert:

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

        (2)         Section 4—after the definition of "supervision order" insert:

"terrorism intelligence authority" means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998

;

"terrorism notification" means a terrorism notification under section 74B of the Police Act 1998

;

"terrorist act" has the same meaning as in Part 5.3 of the Commonwealth Criminal Code;

"terrorist offence" means—

            (a)         an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or

            (b)         a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or

            (c)         an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or

            (d)         an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or

            (e)         an offence of a kind prescribed by the regulations for the purposes of this definition;

"terror suspect"—see section 5A;

        (3)         Section 4—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

        (2)         A reference to the Attorney-General in a provision of this Act relating to any application or proceedings will be read as a reference to—

            (a)         in the case of an application or proceedings involving a terror suspect—the Commonwealth Attorney-General or the State Attorney-General; or

            (b)         in any other case—the State Attorney-General.



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