Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 100 - Preliminary  

SECTION 100.4   Application of provisions  

Part generally applies to all terrorist acts and preliminary acts

(1)  
Subject to subsection (4) , this Part applies to the following conduct:


(a) all actions or threats of action that constitute terrorist acts (no matter where the action occurs, the threat is made or the action, if carried out, would occur);


(b) all actions ( preliminary acts ) that relate to terrorist acts but do not themselves constitute terrorist acts (no matter where the preliminary acts occur and no matter where the terrorist acts to which they relate occur or would occur).

Note:

See the following provisions:

  • (a) subsection 101.1(2) ;
  • (b) subsection 101.2(4) ;
  • (c) subsection 101.4(4) ;
  • (d) subsection 101.5(4) ;
  • (e) subsection 101.6(3) ;
  • (f) section 102.9 .
  • Operation in relation to terrorist acts and preliminary acts occurring in a State that is not a referring State

    (2)  
    Subsections (4) and (5) apply to conduct if the conduct is itself a terrorist act and:


    (a) the terrorist act consists of an action and the action occurs in a State that is not a referring State; or


    (b) the terrorist act consists of a threat of action and the threat is made in a State that is not a referring State.

    (3)  
    Subsections (4) and (5) also apply to conduct if the conduct is a preliminary act that occurs in a State that is not a referring State and:


    (a) the terrorist act to which the preliminary act relates consists of an action and the action occurs, or would occur, in a State that is not a referring State; or


    (b) the terrorist act to which the preliminary act relates consists of a threat of action and the threat is made, or would be made, in a State that is not a referring State.

    (4)  
    Notwithstanding any other provision in this Part, this Part applies to the conduct only to the extent to which the Parliament has power to legislate in relation to:


    (a) if the conduct is itself a terrorist act - the action or threat of action that constitutes the terrorist act; or


    (b) if the conduct is a preliminary act - the action or threat of action that constitutes the terrorist act to which the preliminary act relates.

    (5)  
    Without limiting the generality of subsection (4) , this Part applies to the action or threat of action if:


    (a) the action affects, or if carried out would affect, the interests of:


    (i) the Commonwealth; or

    (ii) an authority of the Commonwealth; or

    (iii) a constitutional corporation; or


    (b) the threat is made to:


    (i) the Commonwealth; or

    (ii) an authority of the Commonwealth; or

    (iii) a constitutional corporation; or


    (c) the action is carried out by, or the threat is made by, a constitutional corporation; or


    (d) the action takes place, or if carried out would take place, in a Commonwealth place; or


    (e) the threat is made in a Commonwealth place; or


    (f) the action involves, or if carried out would involve, the use of a postal service or other like service; or


    (g) the threat is made using a postal or other like service; or


    (h) the action involves, or if carried out would involve, the use of an electronic communication; or


    (i) the threat is made using an electronic communication; or


    (j) the action disrupts, or if carried out would disrupt, trade or commerce:


    (i) between Australia and places outside Australia; or

    (ii) among the States; or

    (iii) within a Territory, between a State and a Territory or between 2 Territories; or


    (k) the action disrupts, or if carried out would disrupt:


    (i) banking (other than State banking not extending beyond the limits of the State concerned); or

    (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or


    (l) the action is, or if carried out would be, an action in relation to which the Commonwealth is obliged to create an offence under international law; or


    (m) the threat is one in relation to which the Commonwealth is obliged to create an offence under international law.

    (6)  
    To avoid doubt, subsections (2) and (3) apply to a State that is not a referring State at a particular time even if no State is a referring State at that time.




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