Criminal Code Amendment (State Sponsors of Terrorism) Act 2025

(60 of 2025)

An Act to amend the Criminal Code Act 1995, and for other purposes

[Assented to 6 November 2025]

The Parliament of Australia enacts:

1   Short title

This Act is the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Note: The provisions of the Legislation (Exemptions and Other Matters) Regulation 2015 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by regulations made under section 62 of the Legislation Act 2003 (see subsection 13(5) of the Legislation Act 2003).

Schedule 1   Main amendments

Criminal Code Act 1995

1   After Part 5.3 of the Criminal Code

Insert:

Part 5.3A - State sponsors of terrorism

Division 110 - Preliminary

Subdivision A - Definitions

110.1 Definitions

(1) In this Part:

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

associate : a person associates with another person if the person meets or communicates with the other person.

Australian permanent resident means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007.

close family member of a person (the first person ) means:

(a) the first person's spouse or de facto partner; or

(b) a parent, step-parent or grandparent of the first person; or

(c) anyother person who would be a parent, step-parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975)of the other person or a third person; or

(d) a child, step-child or grandchild of the first person; or

(e) any other person who would be a step-child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or

(f) a brother, sister, step-brother or step-sister of the first person; or

(g) any other person who would be a brother, sister, step-brother or step-sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or

(h) a guardian or carer of the first person.

foreign state entity means any of the following entities:

(a) the government of a foreign country or of part of a foreign country;

(b) an authority of the government of a foreign country;

(c) an authority of the government of part of a foreign country;

(d) a foreign local government body or foreign regional government body;

(e) an entity prescribed by the regulations for the purposes of this paragraph.

funds means:

(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

member of an entity includes any of the following:

(a) an employee or official of the entity;

(b) an individual who performs work for the entity under a contract;

(c) an individual who, under a law of a foreign country or of part of a foreign country, holds or performs the duties of an appointment, office or position that is in or relates to the entity;

(d) an individual who holds or performs the duties of an appointment, office or position that:

(i) is in or relates to the entity; and

(ii) is created by custom or convention of a foreign country or of part of a foreign country;

(e) an individual who is otherwise in the service of the entity (including service as a member of a military force or police force);

(f) an individual who:

(i) is an authorised intermediary of an individual who is a member of the entity under any of the paragraphs of this definition; or

(ii) holds the individual out to be the authorised intermediary of an individual who is a member of the entity under any of the paragraphs of this definition.

recruit includes induce, incite and encourage.

state sponsor of terrorism : see subsection 110.3(1).

state terrorist act : see section 111.1.

targeted at Australia : see section 110.2.

terrorist act means an action or threat of action where:

(a) the action falls within subsection (2) and does not fall within subsection (3); and

(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

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

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

Elements of the definition of terrorist act

(2) Action falls within this subsection if it:

(a) causes serious harm that is physical harm to a person; or

(b) causes serious damage to property; or

(c) causes a person's death; or

(d) endangers a person's life, other than the life of the person taking the action; or

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

(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i) an information system; or

(ii) a telecommunications system; or

(iii) a financial system; or

(iv) a system used for the delivery of essential government services; or

(v) a system used for, or by, an essential public utility; or

(vi) a system used for, or by, a transport system.

Actions that are not terrorist acts

(3) Action falls within this subsection if it is:

(a) advocacy, protest, dissent or industrial action that is not intended:

(i) to cause serious harm that is physical harm to a person; or

(ii) to cause a person's death; or

(iii) to endanger the life of a person, other than the person taking the action; or

(iv) to create a serious risk to the health or safety of the public or a section of the public; or

(b) conduct that takes place in the context of, and is associated with, an international armed conflict.

References to person, property or public

(4) In this Part:

(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and

(b) a reference to the public (other than a reference to the Australian public) includes a reference to the public of a country other than Australia.

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.

Subdivision B - State sponsors of terrorism

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) hasadvocated 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.

110.4 Including or removing names of specified state sponsor of terrorism

(1) This section applies if the AFP Minister is satisfied on reasonable grounds that:

(a) an entity is specified in regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1); and

(b) the entity:

(i) is referred to by another name (the alias ), in addition to, or instead of, a name used to specify the entity in the regulations; or

(ii) no longer uses a name (the former name ) used in the regulations to specify the entity.

(2) The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:

(a) include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);

(b) remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).

(3) Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).

(4) The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an entity that has been specified.

(5) To avoid doubt, this section does not affect the power under section 5 of this Act to make regulations for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).

110.5 Declaration in relation to a state sponsor of terrorism

Power to make declaration

(1) If:

(a) an entity is specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1); and

(b) the AFP Minister is satisfied that it is not appropriate for the entity to continue to be so specified;

the AFP Minister may, by notifiable instrument, make a declaration to the effect that the AFP Minister is so satisfied.

(2) The AFP Minister may make a declaration under subsection (1):

(a) on application under section 110.6; or

(b) on the AFP Minister's own initiative.

(3) The declaration must specify the day on which the AFP Minister becomes satisfied that it is not appropriate for the entity to continue to be specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).

(4) Before the AFP Minister makes a declaration under subsection (1), the AFP Minister must consult the Foreign Affairs Minister in relation to the making of the declaration.

Effect of declaration

(5) The regulations, to the extent to which they specify the entity, are taken to cease to have effect on the day specified in the declaration under subsection (3), even if that day occurred before the day on which the declaration is made.

(6) To avoid doubt, subsections (1) to (5) do not prevent the entity from being subsequently specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) if the AFP Minister is satisfied as mentioned in subsection 110.3(3).

110.6 Application for declaration

(1) The following may apply to the AFP Minister for a declaration under subsection 110.5(1) in relation to a state sponsor of terrorism:

(a) the Parliamentary Joint Committee on Intelligence and Security;

(b) the foreign country to which the state sponsor of terrorism belongs.

(2) The application must:

(a) be in writing; and

(b) be made on the grounds that there is a basis for the AFP Minister to be satisfied that it is not appropriate for the state sponsor of terrorism to continue to be specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).

110.7 Reviews by Parliamentary Joint Committee on Intelligence and Security

(1) This section applies in relation to the following legislative instruments:

(a) a regulation that specifies an entity for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1);

(b) an instrument made under section 110.4.

(2) The Parliamentary Joint Committee on Intelligence and Security may:

(a) review the legislative instrument at any time; and

(b) report the Committee's comments and recommendations to each House of the Parliament.

Review of disallowable legislative instrument - extension of disallowance period

(3) If the Committee's report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):

(a) during the applicable disallowance period for that House; and

(b) on or after the eighth sitting day of the applicable disallowance period;

then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:

Applicable disallowance period

(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.

Subdivision C - Interaction with State and Territory laws

110.8 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.

110.9 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws

(1) The regulations may modify the operation of this Part so that:

(a) provisions of this Part do not apply to a matter that is dealt with by a law of a State or Territory specified in the regulations; or

(b) no inconsistency arises between the operation of a provision of this Part and the operation of a State or Territory law specified in the regulations.

(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that the provision of this Part does not apply to:

(a) a person specified in the regulations; or

(b) a body specified in the regulations; or

(c) circumstances specified in the regulations; or

(d) a person or body specified in the regulations in the circumstances specified in the regulations.

(3) In this section:

matter includes act, omission, body, person or thing.

Division 111 - State terrorist acts etc.

Subdivision A - Activities relating to state terrorist acts

111.1 Meaning of state terrorist act

In this Code:

state terrorist act means a terrorist act engaged in by:

(a) a state sponsor of terrorism; or

(b) a member of a state sponsor of terrorism;

(whether or not the terrorist act is also engaged in by an entity that is not a state sponsor of terrorism or a member of a state sponsor of terrorism).

111.2 Engaging in state terrorist acts

(1) A person commits an offence if:

(a) the person engages in a state terrorist act; and

(b) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(c) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Example: A state terrorist act is engaged in jointly by a state sponsor of terrorism ( entity A ), a foreign state entity ( entity B ) that is not a state sponsor of terrorism and an entity ( entity C ) that is not a foreign state entity. The offence in subsection (1) applies to the conduct of entities A and C but not entity B.

Penalty: Imprisonment for life.

(2) Strict liability applies to paragraph (1)(c).

111.3 Providing or receiving training connected with state terrorist acts

(1) A person commits an offence if:

(a) the person provides or receives training; and

(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person provides or receives training; and

(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

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

(4) A person commits an offence under this section even if:

(a) a state terrorist act does not occur; or

(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or

(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

111.4 Possessing things connected with state terrorist acts

(1) A person commits an offence if:

(a) the person possesses a thing; and

(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person possesses a thing; and

(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 10 years.

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

(4) A person commits an offence under subsection (1) or (2) even if:

(a) a state terrorist act does not occur; or

(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or

(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Exception

(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

111.5 Collecting or making documents likely to facilitate state terrorist acts

(1) A person commits an offence if:

(a) the person collects or makes a document; and

(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person collects or makes a document; and

(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for 10 years.

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

(4) A person commits an offence under subsection (1) or (2) even if:

(a) a state terrorist act does not occur; or

(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or

(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Exception

(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

111.6 Other acts done in preparation for, or planning, state terrorist acts

(1) A person commits an offence if:

(a) the person does any act in preparation for, or planning, a state terrorist act; and

(b) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(c) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for life.

(2) Strict liability applies to paragraph (1)(c).

(3) A person commits an offence under subsection (1) even if:

(a) a state terrorist act does not occur; or

(b) the person's act is not done in preparation for, or planning, a specific state terrorist act; or

(c) the person's act is done in preparation for, or planning, more than one terrorist act.

Subdivision B - Activities of state sponsor of terrorism relating to terrorist acts engaged in by others

111.7 Providing or receiving training connected with terrorist acts

(1) A person commits an offence if:

(a) the person provides or receives training; and

(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person provides or receives training; and

(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

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

(4) A person commits an offence under this section even if:

(a) a terrorist act does not occur; or

(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or

(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

111.8 Possessing things connected with terrorist acts

(1) A person commits an offence if:

(a) the person possesses a thing; and

(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person possesses a thing; and

(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 10 years.

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

(4) A person commits an offence under subsection (1) or (2) even if:

(a) a terrorist act does not occur; or

(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or

(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Exception

(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

111.9 Collecting or making documents likely to facilitate terrorist acts

(1) A person commits an offence if:

(a) the person collects or makes a document; and

(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person knows of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 15 years.

(2) A person commits an offence if:

(a) the person collects or makes a document; and

(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and

(c) the person is reckless as to the existence of the connection described in paragraph (b); and

(d) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(e) theperson is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for 10 years.

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

(4) A person commits an offence under subsection (1) or (2) even if:

(a) a terrorist act does not occur; or

(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or

(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.

Exception

(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

111.10 Other acts done in preparation for, or planning, terrorist acts

(1) A person commits an offence if:

(a) the person does any act in preparation for, or planning, a terrorist act; and

(b) either:

(i) the person is an Australian citizen or Australian permanent resident; or

(ii) the terrorist act is targeted at Australia; and

(c) the person is:

(i) a state sponsor of terrorism; or

(ii) a member of a state sponsor of terrorism.

Penalty: Imprisonment for life.

(2) Strict liability applies to paragraph (1)(c).

(3) A person commits an offence under subsection (1) even if:

(a) a terrorist act does not occur; or

(b) the person's act is not done in preparation for, or planning, a specific terrorist act; or

(c) the person's act is done in preparation for, or planning, more than one terrorist act.

Division 112 - Dealings with state sponsor of terrorism

112.1 Directing the activities of a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person intentionally directs the activities of an entity; and

(b) the entity is a state sponsor of terrorism; and

(c) the person knows the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person intentionally directs the activities of an entity; and

(b) the entity is a state sponsor of terrorism; and

(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 15 years.

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

112.2 Membership of a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person intentionally is a member of a foreign state entity; and

(b) the entity is a state sponsor of terrorism; and

(c) the person knows the entity is a state sponsor of terrorism.

Note: For defences, see subsection (2) and section 112.8.

Penalty: Imprisonment for 10 years.

Exception

(2) Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the entity as soon as practicable after the person knew that the entity was a state sponsor of terrorism.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

112.3 Recruiting for a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person intentionally recruits a person to join, or participate in the activities of, an entity; and

(b) the entity is a state sponsor of terrorism; and

(c) the first-mentioned person knows the entity is a state sponsor of terrorism; and

(d) if the first-mentioned person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person intentionally recruits a person to join, or participate in the activities of, an entity; and

(b) the entity is a state sponsor of terrorism; and

(c) the first-mentioned person is reckless as to whether the entity is a state sponsor of terrorism; and

(d) if the first-mentioned person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 15 years.

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

112.4 Training involving a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person does any of the following:

(i) intentionally provides training to an entity;

(ii) intentionally receives training from an entity;

(iii) intentionally participates in training with an entity; and

(b) the entity is a state sponsor of terrorism; and

(c) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see subsection (4) and section 112.8.

Penalty: Imprisonment for 25 years.

(2) Subject to subsection (4), strict liability applies to paragraph (1)(b).

(3) Strict liability applies to paragraph (1)(c).

Exception

(4) Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).

112.5 Getting funds to, from or for a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person intentionally:

(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and

(b) the entity is a state sponsor of terrorism; and

(c) the person knows the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see subsection (4) and section 112.8.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person intentionally:

(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or

(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and

(b) the entity is a state sponsor of terrorism; and

(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see subsection (4) and section 112.8.

Penalty: Imprisonment for 15 years.

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

Exception

(4) Subsections (1) and (2) do not apply to the person's receipt of funds from the entity if the person proves that the person received the funds solely for the purpose of the provision of:

(a) legal representation for a person in proceedings relating to this Division; or

(b) legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or

(c) assistance to the entity for it to comply with a law of the Commonwealth or a State or Territory.

Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).

112.6 Providing support to a state sponsor of terrorism

(1) A person commits an offence if:

(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and

(b) the entity is a state sponsor of terrorism; and

(c) the person knows the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and

(b) the entity is a state sponsor of terrorism; and

(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and

(d) if the person is a foreign state entity or a member of a foreign state entity - that foreign state entity is also a state sponsor of terrorism.

Note: For defences, see section 112.8.

Penalty: Imprisonment for 15 years.

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

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

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

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

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

112.7 Associating with state sponsor of terrorism

(1) A person commits an offence if:

(a) on 2 or more occasions:

(i) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an entity; and

(ii) the association provides support to the entity; and

(iii) the person intends that the support assist the entity to expand or to continue to exist; and

(iv) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and

(b) the entity is a state sponsor of terrorism.

Note: For defences, see subsections (4), (5) and (6) and section 112.8.

Penalty: Imprisonment for 3 years.

(2) A person commits an offence if:

(a) the person has previously been convicted of an offence against subsection (1); and

(b) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, a foreign state entity; and

(c) the association provides support to the entity; and

(d) the person intends that the support assist the entity to expand or to continue to exist; and

(e) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and

(f) the entity is a state sponsor of terrorism.

Note: For defences, see subsections (4) to (6) and section 112.8.

Penalty: Imprisonment for 3 years.

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

Exceptions

(4) This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(f) (as the case requires).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).

(5) This section does not apply if:

(a) the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person's cultural background) as a matter of family or domestic concern; or

(b) the association is in a place being used for public religious worship and takes place in the course of practising a religion; or

(c) the association is only for the purpose of providing aid of a humanitarian nature; or

(d) the association is only for the purpose of providing legal advice or legal representation in connection with:

(i) criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or

(ii) the question of whether the entity is a state sponsor of terrorism; or

(iii) a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or

(iv) proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country); or

(v) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15 of the Charter of the United Nations Act 1945; or

(vi) the application of a regulation made for the purposes of section 10 of the Autonomous Sanctions Act 2011.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3)).

(6) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).

Limit on punishment for further offences

(7) A person who is convicted of an offence under subsection (1) in relation to the person's conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:

(a) at the same time as that conduct; or

(b) within 7 days before or after any of those occasions.

112.8 General defences

(1) It is not an offence against this Division to do any of the following:

(a) do a thing that an individual must do in order to comply with:

(i) an order of a court or other body exercising judicial power; or

(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;

(b) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;

(c) perform an official duty or function for the Commonwealth, a State or a Territory;

(d) perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:

(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and

(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;

(e) perform an official duty or function for:

(i) the United Nations or an agency of the United Nations; or

(ii) the International Committee of the Red Cross;

(f) receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.

Note 1: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3)).

Note 2: For paragraph (d), an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.

Note 3: For paragraph (f), an example of engaging, in relation to a service, is making a complaint about the service.

(2) For the purposes of subparagraph (1)(a)(ii), the following kinds of requirement are specified:

(a) a requirement to pay a tax, fee, fine or levy (however described);

(b) a requirement prescribed by the regulations for the purposes of this paragraph.

(3) For the purposes of paragraph (1)(f), this subsection applies to a service or a payment if the service or payment:

(a) is provided by a state sponsor of terrorism; and

(b) does not relate to support or facilitation of a state terrorist act; and

(c) could not reasonably be obtained from another person or body.

Division 113 - Financing state terrorist act targeted at Australia

113.1 Financing state terrorist act targeted at Australia

(1) A person commits an offence if:

(a) the person provides or collects funds; and

(b) the person is reckless as to whether the funds will be used to facilitate or engage in a state terrorist act targeted at Australia; and

(c) if the person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Note: Intention is the fault element for the conduct described in paragraph (1)(a) (see subsection 5.6(1)).

Penalty: Imprisonment for life.

(2) A person commits an offence under subsection (1) even if:

(a) a state terrorist act targeted at Australia does not occur; or

(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or

(c) the funds will be used to facilitate or engage in more than one terrorist act.

(3) Strict liability applies to paragraph (1)(c).

113.2 Financing person involved in state terrorist act targeted at Australia

(1) A person commits an offence if:

(a) the person intentionally:

(i) makes funds available to another person (whether directly or indirectly); or

(ii) collects funds for, or on behalf of, another person (whether directly or indirectly); and

(b) the first-mentioned person is reckless as to whether the other person will use the funds to facilitate or engage in a state terrorist act targeted at Australia; and

(c) if the first-mentioned person is a foreign state entity or a member of a foreign state entity - the entity is a state sponsor of terrorism.

Penalty: Imprisonment for life.

(2) A person commits an offence under subsection (1) even if:

(a) a state terrorist act targeted at Australia does not occur; or

(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or

(c) the funds will be used to facilitate or engage in more than one terrorist act.

(3) Strict liability applies to paragraph (1)(c).

113.3 General defences

(1) It is not an offence against this Division to do any of the following:

(a) do a thing that an individual must do in order to comply with:

(i) an order of a court or other body exercising judicial power; or

(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;

(b) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;

(c) perform an official duty or function for the Commonwealth, a State or a Territory;

(d) perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:

(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and

(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;

(e) perform an official duty or function for:

(i) the United Nations or an agency of the United Nations; or

(ii) the International Committee of the Red Cross;

(f) receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.

Note 1: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3)).

Note 2: For paragraph (d), an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.

Note 3: For paragraph (f), an example of engaging, in relation to a service, is making a complaint about the service.

(2) For the purposes of subparagraph (1)(a)(ii), the following kinds of requirement are specified:

(a) a requirement to pay a tax, fee, fine or levy (however described);

(b) a requirement prescribed by the regulations for the purposes of this paragraph.

(3) For the purposes of paragraph (1)(f), this subsection applies to a service or a payment if the service or payment:

(a) is provided by a state sponsor of terrorism; and

(b) does not relate to support or facilitation of a state terrorist act; and

(c) could not reasonably be obtained from another person or body.

Division 114 - General provisions relating to offences

114.1 How offences apply to foreign state entities

(1) Sections 12.2 to 12.6 apply in relation to an offence against Division 111, 112 or 113 as if a reference to a body corporate included a reference to a foreign state entity that is a person.

(2) A foreign state entity that is a person is taken to have committed an offence against Division 111, 112 or 113 if:

(a) a part of the entity is a state sponsor of terrorism; and

(b) that state sponsor of terrorism is not a person; and

(c) that state sponsor of terrorism would have committed the offence if it were a person.

114.2 Extended geographical jurisdiction for offences

Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against Division 111, 112 or 113.

114.3 Alternative verdicts

(1) This section applies if, in a prosecution for an offence (the prosecuted offence ) against a subsection of a section of Division 111, 112 or 113, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence ) against another subsection of that section.

(2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

114.4 Attorney-General's consent required

(1) Proceedings for an offence against Division 111, 112 or 113 must not be commenced without the Attorney-General's written consent.

(2) However, a person may be arrested, charged, remanded in custody or released on bail in connection with an offence against Division 111, 112 or 113 before the necessary consent has been given.

Schedule 2   Amendments of Part 5.3 of the Criminal Code

Part 1   Amendments of Part 5.3 of the Criminal Code

Criminal Code Act 1995

1   At the end of Subdivision A of Division 104 of the Criminal Code

Add:

104.1A State terrorist acts etc.

(1) A reference in this Division to a terrorist act (including a reference that is expressed as a reference to a terrorist act (within the meaning of section 100.1)) includes a reference to a state terrorist act.

(2) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.

(3) A reference in this Division to a terrorist organisation (including a reference that is expressed as a reference to a terrorist organisation (within the meaning of subsection 102.1(1))) or a listed terrorist organisation includes a reference to a state sponsor of terrorism.

2   After section 105.1 of the Criminal Code

Insert:

105.1A State terrorist acts

(1) A reference in this Division to a terrorist act includes a reference to a state terrorist act.

(2) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.

3   Subsection 105A.2(1) of the Criminal Code (definition of serious Part 5.3 offence)

Repeal the definition.

4   Subsection 105A.2(1) of the Criminal Code

Insert:

serious Part 5.3 or 5.3A offence means an offence against this Part or Part 5.3A, the maximum penalty for which is 7 or more years of imprisonment.

5   At the end of section 105A.2 of the Criminal Code

Add:

State terrorist acts etc.

(3) A reference in this Division to a terrorist act includes a reference to a state terrorist act.

(4) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.

(5) A reference in this Division to a terrorist organisation includes a reference to a state sponsor of terrorism.

6   Amendments of listed provisions - serious Part 5.3 or 5.3A offence

After "serious Part 5.3" (wherever occurring), insert "or 5.3A" in the following provisions:

(a) section 105A.1 of the Criminal Code;

(b) the definition of relevant expert in subsection 105A.2(1) of the Criminal Code:

(c) subparagraph 105A.3(1)(a)(ii) of the Criminal Code;

(d) paragraphs 105A.3A(4)(c) and (5)(f), 105A.6(4)(a) and (7)(a), (c), (d) and (g), 105A.6B(1)(c) and (i), 105A.7(1)(b) and 105A.7A(1)(b) of the Criminal Code;

(e) subsection 105A.7B(1) of the Criminal Code;

(f) paragraph 105A.9A(4)(d) of the Criminal Code;

(g) subsection 105A.9B(1A) of the Criminal Code;

(h) paragraphs 105A.9C(1)(a) and (b) and 105A.12A(1)(b) and (2)(b) of the Criminal Code;

(i) subsections 105A.12A(3) and (4) and 105A.18D(1) of the Criminal Code;

(j) paragraphs 105A.18D(3)(a) and (7)(a), (c), (d) and (g) of the Criminal Code.

Part 2   Consequential amendments

Crimes Act 1914

7   Section 3ZZJA

After "serious Part 5.3", insert "or 5.3A".

8   Section 3ZZJB (paragraph (b) of the definition of Part 5.3 object)

After "serious Part 5.3", insert "or 5.3A".

9   Section 3ZZJB (definition of serious Part 5.3 offence)

Repeal the definition.

10   Section 3ZZJB

Insert:

serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.

11   Paragraphs 3ZZOA(4)(b) and 3ZZOB(4)(b)

After "serious Part 5.3", insert "or 5.3A".

Surveillance Devices Act 2004

12   Subsection 6(1) (paragraph (b) of the definition of Part 5.3 object)

After "serious Part 5.3", insert "or 5.3A".

13   Subsection 6(1) (definition of serious Part 5.3 offence)

Repeal the definition.

14   Subsection 6(1)

Insert:

serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.

15   Paragraphs 14(3BA)(c), 16(4)(d), 27A(5A)(c) and 27C(4)(d)

After "serious Part 5.3", insert "or 5.3A".

Telecommunications (Interception and Access) Act 1979

16   Subsection 5(1) (paragraph (b) of the definition of Part 5.3 object)

After "serious Part 5.3", insert "or 5.3A".

17   Subsection 5(1) (definition of serious Part 5.3 offence)

Repeal the definition.

18   Subsection 5(1)

Insert:

serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.

19   Paragraphs 46(5)(ga) and (7)(f) and 46A(2B)(ga) and (2C)(f)

After "serious Part 5.3", insert "or 5.3A".

20   Paragraphs 60(5)(ga) and (6)(ga) of Schedule 1

After "serious Part 5.3", insert "or 5.3A".

Schedule 3   Other consequential amendments

AusCheck Act 2007

1   Paragraph 8(2)(d)

After "Part 5.3", insert ", 5.3A".

2   Subparagraph 8(2A)(i)(iv)

After "Part 5.3", insert ", 5.3A".

Australian Citizenship Act 2007

3   Section 3 (paragraph (cb) of the definition of national security offence)

After "Part 5.3", insert "or 5.3A".

4   After paragraph 36C(3)(f)

Insert:

(fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;

Australian Crime Commission Act 2002

5   Subsection 4(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

Australian Federal Police Act 1979

6   Subsection 4(1) (paragraph (d) of the definition of protective service offence)

After "Division 101", insert "or 111".

Australian Passports Act 2005

7   Paragraph 48A(4)(c)

After "Part 5.3", insert ", 5.3A".

Australian Security Intelligence Organisation Act 1979

8   Section 4 (paragraph (ba) of the definition of politically motivated violence)

After "Part 5.3", insert "or 5.3A".

Counter-Terrorism (Temporary Exclusion Orders) Act 2019

9   Section 4

Insert:

state sponsor of terrorism has the same meaning as in the Criminal Code.

10   Section 4 (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

11   At the end of subparagraph 10(2)(a)(ii)

Add "or a state sponsor of terrorism".

12   Subparagraph 10(2)(a)(iv)

Omit "or" (last occurring).

13   At the end of paragraph 10(2)(a)

Add:

(v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or

14   At the end of paragraph 16(3)(b)

Add "or a state sponsor of terrorism".

15   At the end of subsection 16(3)

Add:

; (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.

Crimes Act 1914

16   Subsection 3(1) (paragraph (b) of the definition of terrorism offence)

After "Part 5.3", insert ", 5.3A".

17   Subsection 3(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act means:

(a) a terrorist act within the meaning of subsection 100.1(1) of the Criminal Code; or

(b) a state terrorist act within the meaning of the Criminal Code.

18   Subsection 3C(1) (paragraph (a) of the definition of serious terrorism offence)

Omit "or Division 105", substitute ", Division 105 or section 112.7".

19   Subsection 3C(1) (subparagraph (b)(ii) of the definition of serious terrorism offence)

Omit "or Division 105", substitute ", Division 105 or section 112.7".

20   Subsection 3C(1) (paragraph (c) of the definition of serious terrorism offence)

Omit "or Division 105", substitute ", Division 105 or section 112.7".

21   After paragraph 15GE(3)(a)

Insert:

(aaa) Part 5.3A (State sponsors of terrorism);

22   After paragraph 15YU(1)(e)

Insert:

(ea) an offence against Part 5.3A of the Criminal Code (state sponsors of terrorism); or

23   Paragraph 15AAA(1)(a)

Omit "1E", substitute "1H".

24   Section 16AAA (after table item 1E)

Insert:

25   Subparagraphs 16AAC(2)(b)(i) and (3)(b)(i)

Omit "1E", substitute "1H".

Criminal Code Act 1995

26   After paragraph 5(2)(f)

Insert:

(fa) Subdivisions A and B of Division 110 (state sponsors of terrorism);

27   Subsection 71.23(1) of the Criminal Code (definition of Foreign Affairs Minister)

Repeal the definition.

28   Subsection 80.2C(3) of the Criminal Code (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

29   At the end of subsection 80.2E(3) of the Criminal Code

Add:

; (c) a symbol that:

(i) a state sponsor of terrorism uses; or

(ii) members (within the meaning of subsection 110.1(1)) of a state sponsor of terrorism use;

to identify the state sponsor of terrorism or any part of the state sponsor of terrorism;

(d) something that so nearly resembles a symbol to which paragraph (c) of this subsection applies that it is likely to be confused with, or mistaken for, that symbol.

30   At the end of section 80.2E of the Criminal Code

Add:

(4) Paragraphs (3)(c) and (d) do not apply to:

(a) the flag of a foreign country; or

(b) the flag of part of a foreign country.

31   At the end of paragraph 80.2HA(10)(f) of the Criminal Code

Add "or of a state sponsor of terrorism".

32   Subparagraphs 83.3(4)(a)(i) and (ii) of the Criminal Code

After "organisation", insert "or entity".

33   Paragraph 83.3(4)(b) of the Criminal Code

Repeal the paragraph, substitute:

(b) the organisation or entity is a prescribed organisation within the meaning of Part 5.5 (see section 117.1).

34   Subsection 117.1(1) of the Criminal Code (definition of Foreign Affairs Minister)

Repeal the definition.

35   Subsection 117.1(1) of the Criminal Code (at the end of the definition of prescribed organisation)

Add:

; or (c) a state sponsor of terrorism.

36   Paragraphs 117.1(2)(b) and (c) of the Criminal Code

Repeal the paragraphs, substitute:

(b) the engagement, in Australia or a foreign country allied or associated with Australia, in action that:

(i) falls within subsection 100.1(2) but does not fall within subsection 100.1(3); or

(ii) falls with subsection 110.1(2) but does not fall within subsection 110.1(3); or

(c) a terrorist act (within the meaning of the Crimes Act 1914); or

37   Paragraph 119.1(5)(a) of the Criminal Code

After "organisation", insert "or entity".

38   Paragraph 119.1(5)(b) of the Criminal Code

After "organisation" (first occurring), insert "or entity".

39   Paragraph 119.2(5)(a) of the Criminal Code

After "organisation", insert "or entity".

40   Paragraph 119.2(5)(b) of the Criminal Code

After "organisation" (first occurring), insert "or entity".

41   Subsection 474.32(6) of the Criminal Code (definition of terrorist act)

Repeal the definition, substitute:

terrorist act means:

(a) a terrorist act within the meaning of section 100.1 (disregarding paragraphs 100.1(2)(b), (d), (e) and (f)); or

(b) a terrorist act within the meaning of section 110.1 (disregarding paragraphs 110.1(2)(b), (d), (e) and (f)) that is a state terrorist act.

42   At the end of subsection 474.45A(2) of the Criminal Code

Add "or 110.1(2)".

43   Dictionary in the Criminal Code

Insert:

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

state sponsor of terrorism has the meaning given by subsection 110.3(1).

state terrorist act has the meaning given by section 111.1.

Customs Act 1901

44   Subsection 4(1)

Insert:

terrorist act has the same meaning as in the Crimes Act 1914.

45   Subsection 183UA(1) (definition of terrorist act)

Repeal the definition.

46   Subsection 228(7)

Repeal the subsection.

Foreign Evidence Act 1994

47   Subsection 3(1) (after paragraph (e) of the definition of designated offence)

(ea) an offence against Part 5.3A of the Criminal Code (state sponsors of terrorism); or

Foreign States Immunities Act 1985

48   Subsection 3(1)

Insert:

state terrorism means:

(a) a state terrorist act (within the meaning of the Criminal Code); or

(b) a state sponsor of terrorism (within the meaning of the Criminal Code); or

(c) a member (within the meaning of subsection 110.1(1) of the Criminal Code) of a state sponsor of terrorism.

49   After section 13

Insert:

13A State terrorism

A foreign state is not immune in a proceeding in so far as the proceeding concerns state terrorism.

50   After section 33

Insert:

33A Execution in so far as proceeding etc. concerns state terrorism

Section 30 does not apply in relation to:

(a) a judgment or order in a proceeding in so far as the proceeding concerns state terrorism; or

(b) an arbitration award in so far as the arbitration concerns state terrorism; or

(c) the arrest, detention or sale of the property in Admiralty proceedings in so far as the proceedings concern state terrorism.

51   Application of amendments

(1) Section 13A of the Foreign States Immunities Act 1985 applies in relation to a proceeding to the extent the proceeding relates to an act or omission that occurs on or after the commencement of this item.

(2) Section 33A of the Foreign States Immunities Act 1985 applies in relation to:

(a) a judgment that is made, or an order that is given, on or after the commencement of this item; or

(b) an arbitration award that is made on or after the commencement of this item; or

(c) the arrest, detention or sale of the property in Admiralty proceedings if the arrest, detention or sale occurs on or after the commencement of this item.

Intelligence Services Act 2001

52   Subsection 3(1)

Insert:

involved , with a listed terrorist organisation or a state sponsor of terrorism, has a meaning affected by subsection 9(1AAB).

53   Subsection 3(1) (definition of involved with a listed terrorist organisation)

Repeal the definition.

54   Subsection 3(1)

Insert:

state sponsor of terrorism has the same meaning as in the Criminal Code.

55   At the end of subsection 9(1AAA) (before the note)

Add "or a state sponsor of terrorism".

56   Subsection 9(1AAB)

After "listed terrorist organisation" (wherever occurring), insert "or state sponsor of terrorism".

57   Paragraphs 9(1AAB)(a), (b) and (c)

Omit "organisation", substitute "listed terrorist organisation or state sponsor of terrorism".

58   Paragraph 9(1AAB)(d)

Repeal the paragraph, substitute:

(d) is:

(i) a member (within the meaning of subsection 102.1(1) of the Criminal Code) of the listed terrorist organisation; or

(ii) a member (within the meaning of subsection 110.1(1) of the Criminal Code) of the state sponsor of terrorism; or

59   Paragraphs 9(1AAB)(e) and (f)

Omit "organisation", substitute "listed terrorist organisation or state sponsor of terrorism".

60   Subparagraph 9(1AA)(a)(ii)

After "listed terrorist organisation", insert "or state sponsor of terrorism".

61   Subparagraph 29(1)(be)(i)

After "Part 5.3", insert "or 5.3A".

Legislation (Exemptions and Other Matters) Regulation 2015

62   Section 12 (after table item 18C)

Insert:

Maritime Powers Act 2013

63   Section 8 (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

Maritime Transport and Offshore Facilities Security Act 2003

64   Paragraph 3(4)(b)

Omit "attack", substitute "acts".

65   Section 10 (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

National Radioactive Waste Management Act 2012

66   Paragraph 4A(3)(c)

Omit "section 100.1 of the Criminal Code", substitute "the Crimes Act 1914".

Social Security Act 1991

67   Subsection 23(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

Surveillance Devices Act 2004

68   Subsection 6(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

69   Subparagraphs 30(1)(a)(viii) and (1A)(a)(iv)

After "103,", insert "111, 112, 113,".

Telecommunications (Interception and Access) Act 1979

70   Subsection 5(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

71   After subparagraph 5D(1)(e)(va)

Insert:

(vb) Division 111 of the Criminal Code (state terrorist acts etc.); or

(vc) Division 112 of the Criminal Code (dealings with state sponsor of terrorism); or

(vd) Division 113 of the Criminal Code (financing state terrorist act targeted at Australia); or

Terrorism and Cyclone Insurance Act 2003

72   Section 3 (definition of terrorist act)

Repeal the definition, substitute:

terrorist act has the same meaning as in the Crimes Act 1914.

73   Paragraph 8(2)(b)

Omit "section 100.1 of the Criminal Code", substitute "the Crimes Act 1914".

Schedule 4   Other amendments

Crimes Act 1914

1   Paragraph 15AAA(1)(a)

Omit "1A", substitute "1AA".

2   Section 16AAA (before table item 1A)

Insert:

3   Section 16AAA (table item 1F)

Repeal the item.

4   Subparagraphs 16AAC(2)(b)(i) and (3)(b)(i)

Omit "1A", substitute "1AA".

Criminal Code Act 1995

5   Paragraph 80.2E(3)(a) of the Criminal Code

After "members", insert "(within the meaning of subsection 102.1(1))".

6   At the end of paragraph 80.2E(3)(a) of the Criminal Code

Add "or any part of the organisation".