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 100.6   Concurrent operation intended  

(1)  
This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

(2)  
Without limiting subsection (1) , this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:


(a) an act or omission that is an offence against a provision of this Part; or


(b) a similar act or omission;

an offence against the law of the State or Territory.

(3)  
Subsection (2) applies even if the law of the State or Territory does any one or more of the following:


(a) provides for a penalty for the offence that differs from the penalty provided for in this Part;


(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;


(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

(4)  
If:


(a) an act or omission of a person is an offence under this Part and is also an offence under the law of a State or Territory; and


(b) the person has been punished for the offence under the law of the State or Territory;

the person is not liable to be punished for the offence under this Part.




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