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 A - Definitions  

SECTION 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) any other 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.