Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 72 - Explosives and lethal devices  

Subdivision A - International terrorist activities using explosive or lethal devices  

SECTION 72.3   Offences  

(1)  
A person commits an offence if:


(a) the person intentionally delivers, places, discharges or detonates a device; and


(b) the device is an explosive or other lethal device and the person is reckless as to that fact; and


(c) the device is delivered, placed, discharged, or detonated, to, in, into or against:


(i) a place of public use; or

(ii) a government facility; or

(iii) a public transportation system; or

(iv) an infrastructure facility; and


(d) the person intends to cause death or serious harm.

Penalty: Imprisonment for life.

(2)  
A person commits an offence if:


(a) the person intentionally delivers, places, discharges or detonates a device; and


(b) the device is an explosive or other lethal device and the person is reckless as to that fact; and


(c) the device is delivered, placed, discharged, or detonated, to, in, into or against:


(i) a place of public use; or

(ii) a government facility; or

(iii) a public transportation system; or

(iv) an infrastructure facility; and


(d) the person intends to cause extensive destruction to the place, facility or system; and


(e) the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

Penalty: Imprisonment for life.

(3)  
Strict liability applies to paragraphs (1)(c) and (2)(c) .

Note:

A court that is sentencing a person who has been convicted of an offence against this section must warn the person about continuing detention orders (see section 105A.23 ).


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