Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Outline and financial impact
Outline
The Criminal Code Amendment (Suppression of Terrorist Bombings) Bill 2002 (the Bill) amends the Criminal Code Act 1995 by inserting a new division, Division 72 - International terrorist activities using explosive or lethal devices, into the Criminal Code.
The purpose of Division 72 is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings (the Convention) which is a response by the international community to terrorist attacks using bombs and other lethal devices.
The Convention came into effect on 23 May 2001. The passage of the Bill will enable Australia to become a party to the Convention. The Convention will come into force for Australia thirty days after its instrument of accession has been deposited.
The main effect of the Bill is to establish offences in the Criminal Code which make it an offence to place bombs or other lethal devices in prescribed places with the intention of causing death or serious harm or causing extensive destruction which would cause major economic loss. The Bill does not establish jurisdiction over an offence where the circumstances relating to the alleged offence are exclusively internal to Australia.
The Bill also prescribes a penalty of life imprisonment for persons who are convicted of offences under this Division of the Criminal Code.
The Bill requires that proceedings for an offence under the Division must not commence without the Attorney-General's written consent. In determining whether to bring proceedings under the Division the Attorney-General must have regard to, amongst other things, State and Territory law governing the conduct that would give rise to an offence under this Division and to whether a prosecution has been or will be initiated under that State or Territory law.
The Bill also amends the Extradition Act 1988 to ensure that the offences in the Bill shall not be regarded, for the purposes of extradition, as political offences.
Financial Impact Statement
It is not expected that the Bill will have a direct financial impact. The costs associated with any criminal or extradition proceedings in respect of this Division in the Criminal Code would be absorbed within existing budgets.