Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3A - State sponsors of terrorism  

Division 110 - Preliminary  

Subdivision A - Definitions  

SECTION 110.2   When a terrorist act is targeted at Australia  

(1)    
For the purposes of this Part, an action, or a threat of action, that is a terrorist act is targeted at Australia if:

(a)    the action is, or is threatened to be, done in Australia; or

(b)    the action falls within subsection (2) ; or

(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 or Territory, or of part of a State or Territory; or

(ii) intimidating the Australian public or a section of the Australian public.


Action harming Australians or Australian interests

(2)    
Action falls within this subsection if it:

(a)    causes serious harm that is physical harm to a person who is:


(i) an Australian citizen; or

(ii) an Australian permanent resident; or

(b)    causes serious damage to property, and the Commonwealth or a State or Territory has:


(i) possession or control of the property; or

(ii) a proprietary right or interest in the property (other than an equitable interest arising only from an agreement to transfer an interest, an agreement to grant an interest or a constructive trust); or

(c)    causes the death of a person who is:


(i) an Australian citizen; or

(ii) an Australian permanent resident; or

(d)    endangers the life of a person who is:


(i) an Australian citizen; or

(ii) an Australian permanent resident;
other than the life of the person taking the action; or

(e)    creates a serious risk to the health or safety of the Australian public or a section of the Australian public; or

(f)    seriously interferes with, seriously disrupts, or destroys, an electronic system that operates wholly or partly in Australia, including, but not limited to:


(i) an information system that operates wholly or partly in Australia; or

(ii) a telecommunications system that operates wholly or partly in Australia; or

(iii) an Australian financial system; or

(iv) a system used for the delivery of essential services by the Commonwealth or a State or Territory; or

(v) a system used for, or by, an essential public utility that operates wholly or partly in Australia; or

(vi) a system used for, or by, a transport system that operates wholly or partly in Australia.




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