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 B - State sponsors of terrorism  

SECTION 110.3   Meaning of state sponsor of terrorism  

(1)    
In this Code:

state sponsor of terrorism
means an entity that is specified by the regulations for the purposes of this definition (see subsections (3) to (5) , section 110.4 and subsection 110.5(5) ).

Meaning of advocated

(2)    
For the purposes of this section, an entity advocated the doing of a terrorist act if:

(a)    the entity directly or indirectly counselled, promoted, encouraged or urged the doing of a terrorist act; or

(b)    the entity directly or indirectly provided instruction on the doing of a terrorist act; or

(c)    the entity directly praised the doing of a terrorist act in circumstances where there was a substantial risk that such praise might have had the effect of leading a person (regardless of the person ' s age or any mental impairment that the person might suffer) to engage in a terrorist act.

Regulations to specify state sponsors of terrorism

(3)    
Before the Governor-General makes a regulation specifying an entity for the purposes of the definition of state sponsor of terrorism in subsection (1) , the AFP Minister must be satisfied on reasonable grounds that:

(a)    the entity is a foreign state entity; and

(b)    the entity or a member of the entity:

(i) has directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia; or

(ii) has advocated the doing of a terrorist act that was targeted at Australia.

(4)    
In paragraph (3)(b) :

(a)    a reference to a terrorist act includes a reference to a terrorist act that occurred before subsection (3) commences; and

(b)    a reference to having engaged in, prepared, planned, assisted in, fostered or advocated the doing of a terrorist act includes a reference to having engaged in, prepared, planned, assisted in, fostered or advocated the doing of a terrorist act before subsection (3) commences.

(5)    
Before the Governor-General makes a regulation specifying an entity for the purposes of the definition of state sponsor of terrorism in subsection (1) , the AFP Minister must:

(a)    obtain the Foreign Affairs Minister ' s agreement in writing to the entity being specified for the purposes of that definition; and

(b)    arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

References to the doing of a terrorist act

(6)    
In this section, a reference to the doing of a terrorist act includes:

(a)    a reference to the doing of a terrorist act, even if a terrorist act does not occur; and

(b)    a reference to the doing of a specific terrorist act; and

(c)    a reference to the doing of more than one terrorist act.