Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3A - State sponsors of terrorism
View history note
Hide history noteIn 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) has advocated 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.
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