C2004C01314
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SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
Compilation Information
Security Legislation Amendment (Terrorism) Act
2002
Act No. 65 of 2002 as amended
This compilation was prepared on 6 June 2003
[This Act was amended by Act No. 40 of 2003]
Amendments from Act No. 40 of 2003
[Schedule 2 (item 1) amended section 4(1)
Schedule 2
(item 1) commenced on 29 May 2003]
Prepared by the Office of Legislative Drafting,
Attorney-General's
Department, Canberra
Long Title
An Act to enhance the Commonwealth's ability to combat
terrorism and treason, and for related purposes
[Assented to 5 July 2002]
The Parliament of Australia enacts:
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
- SECT 1
Short title
This Act may be cited as the Security Legislation Amendment (Terrorism)
Act 2002.
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
- SECT 2
Commencement
- (1)
- Each provision of this Act specified in column 1 of the table commences,
or is taken to have commenced, on the day or at the time specified in column 2
of the table.
Commencement
information
|
Column
1
|
Column
2
|
Column
3
|
Provision(s)
|
Commencement
|
Date/Details
|
1.
Sections 1 to 3 and anything in this Act not elsewhere covered by this
table
|
The
day on which this Act receives the Royal Assent
|
5 July
2002
|
2.
Schedule 1, item 1
|
The
day on which this Act receives the Royal Assent, subject to subsection (3)
|
Does
not commence at all
|
3.
Schedule 1, item 2
|
The
day after this Act receives the Royal Assent
|
6 July
2002
|
4.
Schedule 1, item 3
|
The
day after this Act receives the Royal Assent, subject to subsection (4)
|
Does
not commence at all
|
5.
Schedule 1, items 4 and 5
|
Immediately
after the start of the day after this Act receives the Royal Assent
|
6 July
2002
|
6.
Schedule 1, item 6
|
The
day after this Act receives the Royal Assent, subject to subsection (5)
|
6 July
2002
|
7.
Schedule 1, item 7
|
Immediately
after the commencement of item 2 of Schedule 1, subject to
subsection (6)
|
Does
not commence at all
|
8.
Schedule 1, items 8 to 18
|
The
day after this Act receives the Royal Assent
|
6 July
2002
|
8A.
Schedule 1, item 19
|
The
latest of:
(a) the start of the day after the day on which this Act receives the Royal
Assent; and
(b) the start of the day after the day on which the Border Security
Legislation Amendment Act 2002 receives the Royal Assent; and
(c) the start of the day after the day on which the Criminal Code Amendment
(Suppression of Terrorist Bombings) Act 2002 receives the Royal Assent;
and
(d) the start of the day after the day on which the Suppression of the
Financing of Terrorism Act 2002 receives the Royal Assent
|
6 July
2002
|
9.
Schedule 2, item 1
|
The
later of:
(a) the commencement of Division 72 of the Criminal Code; and
(b) the start of the day on which this Act receives the Royal Assent
|
8
September 2002
(paragraph (a) applies)
|
10.
Schedule 2, item 2
|
At
the same time as Division 101 of the Criminal Code commences
|
6
July 2002
|
11.
Schedule 2, items 3 and 4
|
The
28th day after the day on which this Act receives the Royal Assent
|
2 August
2002
|
Note: This table relates only to the provisions of this Act as
originally passed by the Parliament and assented to. It will not be expanded to
deal with provisions inserted in this Act after assent.
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- (2)
- Column 3 of the table is for additional information that is not part of
this Act. This information may be included in any published version of this
Act.
- (3)
- If either the Criminal Code Amendment (Espionage and Related Offences)
Act 2002 or the Suppression of the Financing of Terrorism Act 2002
receives the Royal Assent on or before the day on which this Act receives the
Royal Assent, the provision covered by item 2 of the table does not
commence at all.
- (4)
- If the Suppression of the Financing of Terrorism Act 2002 receives
the Royal Assent on or before the day on which this Act receives the Royal
Assent, the provision covered by item 4 of the table does not commence at
all.
- (5)
- If item 1 of Schedule 2 to the Criminal Code Amendment
(Espionage and Related Offences) Act 2002 commences before or at the same
time as item 2 of Schedule 1 to this Act, then item 6 of
Schedule 1 to this Act does not commence at all.
- (6)
- If item 1 of Schedule 2 to the Criminal Code Amendment
(Espionage and Related Offences) Act 2002 does not commence before or at
the same time as item 2 of Schedule 1 to this Act, then item 7
of Schedule 1 to this Act does not commence at all.
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
- SECT 3
Schedule(s)
Each Act 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.
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
- SECT 4
Public and independent review of operation of Security Acts
relating to terrorism
- (1)
- The Attorney-General must cause a review of the operation, effectiveness
and implications of amendments made by:
(a) the Security Legislation Amendment (Terrorism) Act 2002; and
(b) the Suppression of the Financing of Terrorism Act 2002; and
(c) the Criminal Code Amendment (Suppression of Terrorist Bombings) Act
2002; and
(d) the Border Security Legislation Amendment Act 2002; and
(e) the Telecommunications Interception Legislation Amendment Act 2002;
and
(f) the Criminal Code Amendment (Terrorism) Act 2003.
- (2)
- The review must be undertaken as soon as practicable after the third
anniversary of the commencement of the amendments.
- (3)
- The review is to be undertaken by a committee consisting of:
(a) up to two persons appointed by the Attorney-General, one of whom must
be a retired judicial officer who shall be the Chair of the Committee; and
(b) the Inspector-General of Intelligence and Security; and
(c) the Privacy Commissioner; and
(d) the Human Rights Commissioner; and
(e) the Commonwealth Ombudsman; and
(f) two persons (who must hold a legal practising certificate in an Australian
jurisdiction) appointed by the Attorney-General on the nomination of the Law
Council of Australia.
- (4)
- The Attorney-General may reject a nomination made under
subsection (3)(f). If the Attorney-General rejects a nomination, the Law
Council of Australia may nominate another person.
- (5)
- The committee must provide for public submissions and public hearings as
part of the review.
- (6)
- The committee must, within six months of commencing the review, give the
Attorney-General and the Parliamentary Joint Committee on ASIO, ASIS and DSD a
written report of the review which includes an assessment of matters in
subsection (1), and alternative approaches or mechanisms as appropriate.
- (7)
- The Attorney-General must cause a copy of the report to be tabled in each
House of the Parliament within 15 sitting days of that House after its receipt
by the Attorney-General.
- (8)
- Before the copy of the report is tabled in Parliament, the
Attorney-General may remove information from the copy of the report if the
Attorney-General is satisfied on advice from the Director-General of Security
or the Commissioner of the Australian Federal Police that its inclusion may:
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(a) endanger a person's safety; or
(b) prejudice an investigation or prosecution; or
(c) compromise the operational activities or methodologies of the Australian
Security Intelligence Organisation, the Australian Secret Intelligence Service,
the Defence Signals Directorate or the Australian Federal Police.
- (9)
- The Parliamentary Joint Committee on ASIO, ASIS and DSD must take account
of the report of the review given to the Committee, when the Committee conducts
its review under paragraph 29(1)(ba) of the Intelligence Services Act
2001.
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
Schedule 1—Amendments relating to treason and terrorism
Criminal Code Act 1995
1 The Schedule (after Chapter 4 of the Criminal Code)
Insert:
Chapter 5—The security of the Commonwealth
Note: If either the Criminal Code Amendment (Espionage and Related
Offences) Act 2002 or the Suppression of the Financing of Terrorism Act
2002 receives the Royal Assent on or before the day on which this Act
receives the Royal Assent, this item does not commence at all. See subsection
2(3) of this Act.
2 The Schedule (Chapter 5 of the Criminal Code)
Insert in the appropriate numerical position:
Part 5.1—Treason
Division 80—Treason
80.1 Treason
- (1)
- A person commits an offence, called treason, if the person:
(a) causes the death of the Sovereign, the heir apparent of the Sovereign,
the consort of the Sovereign, the Governor-General or the Prime Minister; or
(b) causes harm to the Sovereign, the Governor-General or the Prime Minister
resulting in the death of the Sovereign, the Governor-General or the Prime
Minister; or
(c) causes harm to the Sovereign, the Governor-General or the Prime Minister,
or imprisons or restrains the Sovereign, the Governor-General or the Prime
Minister; or
(d) levies war, or does any act preparatory to levying war, against the
Commonwealth; or
(e) engages in conduct that assists by any means whatever, with intent to
assist, an enemy:
(i) at war with the Commonwealth, whether or not the existence of a state of
war has been declared; and
(ii) specified by Proclamation made for the purpose of this paragraph to be an
enemy at war with the Commonwealth; or
(f) engages in conduct that assists by any means whatever, with intent to
assist:
(i) another country; or
(ii) an organisation;
that is engaged in armed hostilities against the Australian Defence Force;
or
(g) instigates a person who is not an Australian citizen to make an armed
invasion of the Commonwealth or a Territory of the Commonwealth; or
(h) forms an intention to do any act referred to in a preceding paragraph and
manifests that intention by an overt act.
Penalty: Imprisonment for life.
- (1A)
- Paragraphs (1)(e) and (f) do not apply to engagement in conduct by
way of, or for the purposes of, the provision of aid of a humanitarian nature.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (1A). See subsection 13.3(3).
- (1B)
- Paragraph (1)(h) does not apply to formation of an intention to
engage in conduct that:
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(a) is referred to in paragraph (1)(e) or (f); and
(b) is by way of, or for the purposes of, the provision of aid of a
humanitarian nature.
Note: A defendant bears an evidential burden in relation to the
matter in subsection (1B). See subsection 13.3(3).
- (2)
- A person commits an offence if the person:
(a) receives or assists another person who, to his or her knowledge, has
committed treason with the intention of allowing him or her to escape
punishment or apprehension; or
(b) knowing that another person intends to commit treason, does not inform a
constable of it within a reasonable time or use other reasonable endeavours to
prevent the commission of the offence.
Penalty: Imprisonment for life.
- (3)
- Proceedings for an offence against this section must not be commenced
without the Attorney-General's written consent.
- (4)
- Despite subsection (3):
(a) a person may be arrested for an offence against this section; or
(b) a warrant for the arrest of a person for such an offence may be issued and
executed;
and the person may be charged, and may be remanded in custody or on bail,
but:
(c) no further proceedings may be taken until that consent has been
obtained; and
(d) the person must be discharged if proceedings are not continued within a
reasonable time.
- (5)
- On the trial of a person charged with treason on the ground that he or she
formed an intention to do an act referred to in paragraph (1)(a), (b),
(c), (d), (e), (f) or (g) and manifested that intention by an overt act,
evidence of the overt act is not to be admitted unless the overt act is alleged
in the indictment.
- (6)
- Section 24F of the Crimes Act 1914 applies to this section in
the same way it would if this section were a provision of Part II of that
Act.
- (7)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against this section.
- (8)
- In this section:
constable means a member or special member of the Australian
Federal Police or a member of the police force or police service of a State or
Territory.
organisation means:
(a) a body corporate; or
(b) an unincorporated body;
whether or not the body is based outside Australia, consists of persons who
are not Australian citizens, or is part of a larger organisation.
3 The Schedule (at the end of Chapter 5 of the Criminal Code)
Add:
Part 5.3—Terrorism
Division 100—Preliminary
100.1 Definitions
- (1)
- In this Part:
Commonwealth place has the same meaning as in the Commonwealth
Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which paragraph
51(xx) of the Constitution applies.
funds means:
(a) property and assets of every kind, whether tangible or intangible,
movable or immovable, however acquired; and
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(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.
organisation means:
(a) a body corporate; or
(b) an unincorporated body;
whether or not the body is based outside Australia, consists of persons who
are not Australian citizens, or is part of a larger organisation.
terrorist act means an action or threat of action where:
(a) the action falls within subsection (2) and does not fall within
subsection (2A); 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.
- (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
(ba) causes a person's death; or
(c) endangers a person's life, other than the life of the person taking the
action; or
(d) creates a serious risk to the health or safety of the public or a section
of the public; or
(e) 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.
- (2A)
- Action falls within this subsection if it:
(a) is advocacy, protest, dissent or industrial action; and
(b) 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.
- (3)
- In this Division:
(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 includes a reference to the public of a country
other than Australia.
100.2 Constitutional basis for offences
- (1)
- This Part applies to a terrorist act constituted by an action, or threat
of action, in relation to which the Parliament has power to legislate.
- (2)
- Without limiting the generality of subsection (1), this Part applies
to a terrorist act constituted by an action, or threat of action, if:
(a) the action affects, or if carried out would affect, the interests
of:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
(b) the threat is made to:
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(i) the Commonwealth; or
(ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
(c) the action is carried out by, or the threat is made by, a constitutional
corporation; or
(d) the action takes place, or if carried out would take place, in a
Commonwealth place; or
(e) the threat is made in a Commonwealth place; or
(f) the action involves, or if carried out would involve, the use of a postal
service or other like service; or
(g) the threat is made using a postal or other like service; or
(h) the action involves, or if carried out would involve, the use of an
electronic communication; or
(i) the threat is made using an electronic communication; or
(j) the action disrupts, or if carried out would disrupt, trade or
commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2
Territories; or
(k) the action disrupts, or if carried out would disrupt:
(i) banking (other than State banking not extending beyond the limits of the
State concerned); or
(ii) insurance (other than State insurance not extending beyond the limits of
the State concerned); or
(l) the action is, or if carried out would be, an action in relation to which
the Commonwealth is obliged to create an offence under international law; or
(m) the threat is one in relation to which the Commonwealth is obliged to
create an offence under international law; or
(n) the action takes place, or if carried out would take place, outside
Australia; or
(o) the threat is made outside Australia.
Note: If the Suppression of the Financing of Terrorism Act 2002
receives the Royal Assent on or before the day on which this Act receives the
Royal Assent, this item does not commence at all. See subsection 2(4) of this
Act.
4 The Schedule (after Division 100 of the Criminal Code)
Insert:
Division 101—Terrorism
101.1 Terrorist acts
- (1)
- A person commits an offence if the person engages in a terrorist act.
Penalty: Imprisonment for life.
- (2)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against subsection (1).
101.2 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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) knows of the connection
described in paragraph (b).
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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) is reckless as to the existence
of the connection described in paragraph (b).
Penalty: Imprisonment for 15 years.
- (4)
- A person commits an offence under this section even if the terrorist act
does not occur.
- (5)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against this section.
- (6)
- If, in a prosecution for an offence (the prosecuted offence)
against a subsection of this section, 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 this section, 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.
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101.4 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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) knows of the connection
described in paragraph (b).
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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) is reckless as to the existence
of the connection described in paragraph (b).
Penalty: Imprisonment for 10 years.
- (3)
- A person commits an offence under subsection (1) or (2) even if the
terrorist act does not occur.
- (4)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against this section.
- (5)
- Subsections (1) and (2) do not apply if the possession of the thing
was not intended to facilitate preparation for, the engagement of a person 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)).
- (6)
- If, in a prosecution for an offence (the prosecuted offence)
against a subsection of this section, 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 this section, 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.
101.5 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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) knows of the connection
described in paragraph (b).
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 a person
in, or assistance in a terrorist act; and
(c) the person mentioned in paragraph (a) is reckless as to the existence
of the connection described in paragraph (b).
Penalty: Imprisonment for 10 years.
- (3)
- A person commits an offence under subsection (1) or (2) even if the
terrorist act does not occur.
- (4)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against this section.
- (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
a person 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)).
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- (6)
- If, in a prosecution for an offence (the prosecuted offence)
against a subsection of this section, 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 this section, 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.
101.6 Other acts done in preparation for, or planning, terrorist acts
- (1)
- A person commits an offence if the person does any act in preparation for,
or planning, a terrorist act.
Penalty: Imprisonment for life.
- (2)
- A person commits an offence under subsection (1) even if the
terrorist act does not occur.
- (3)
- Section 15.4 (extended geographical jurisdiction—category D) applies
to an offence against subsection (1).
Division 102—Terrorist organisations
Subdivision A—Definitions
102.1 Definitions
- (1)
- In this Division:
member of an organisation includes:
(a) a person who is an informal member of the organisation; and
(b) a person who has taken steps to become a member of the organisation;
and
(c) in the case of an organisation that is a body corporate—a director or an
officer of the body corporate.
recruit includes induce, incite and encourage.
terrorist organisation means:
(a) an organisation that is directly or indirectly engaged in, preparing,
planning, assisting in or fostering the doing of a terrorist act (whether or
not the terrorist act occurs); or
(c) an organisation that is specified by the regulations for the purposes of
this paragraph (see subsections (3), (4), (5) and (6)).
- (3)
- Before the Governor-General makes a regulation specifying an organisation
for the purposes of paragraph (c) of the definition of terrorist
organisation in this section, the Minister must be satisfied on
reasonable grounds that:
(a) the Security Council of the United Nations has made a decision relating
wholly or partly to terrorism; and
(b) the organisation is identified in the decision, or using a mechanism
established under the decision, as an organisation to which the decision
relates; and
(c) the organisation is directly or indirectly engaged in, preparing,
planning, assisting in or fostering the doing of a terrorist act (whether or
not the terrorist act has occurred or will occur).
- (4)
- Regulations for the purposes of paragraph (c) of the definition of
terrorist organisation in this section may not take effect
earlier than the day after the last day on which they may be disallowed under
section 48 of the Acts Interpretation Act 1901. That section has
effect subject to this subsection.
- (5)
- Regulations for the purposes of paragraph (c) of the definition of
terrorist organisation in this section cease to have effect on
the second anniversary of the day on which they take effect. To avoid doubt,
this subsection does not prevent:
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(a) the repeal of those regulations; or
(b) the cessation of effect of those regulations under subsection (6);
or
(c) the making of new regulations the same in substance as those regulations
(whether the new regulations are made or take effect before or after those
regulations cease to have effect because of this subsection).
- (6)
- A regulation specifying an organisation for the purposes of
paragraph (c) of the definition of terrorist organisation in
this section ceases to have effect when:
(a) the decision mentioned in paragraph (3)(b) ceases to have effect;
or
(b) the organisation ceases to be identified as described in
paragraph (3)(b).
The regulation does not revive even if the organisation is again identified
as described in paragraph (3)(b).
- (7)
- To avoid doubt, subsection (6) does not prevent:
(a) the repeal of a regulation; or
(b) the making of a regulation that is the same in substance as a regulation
that has ceased to have effect because of that subsection.
Subdivision B—Offences
102.2 Directing the activities of a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally directs the activities of an organisation;
and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
- (2)
- A person commits an offence if:
(a) the person intentionally directs the activities of an organisation;
and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist
organisation.
Penalty: Imprisonment for 15 years.
102.3 Membership of a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally is a member of an organisation; and
(b) the organisation is a terrorist organisation because of paragraph (c)
of the definition of terrorist organisation in this Division
(whether or not the organisation is a terrorist organisation because of another
paragraph of that definition also); and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 10 years.
- (2)
- Subsection (1) does not apply if the person proves that he or she
took all reasonable steps to cease to be a member of the organisation as soon
as practicable after the person knew that the organisation was a terrorist
organisation.
Note: A defendant bears a legal burden in relation to the matter
in subsection (2) (see section 13.4).
102.4 Recruiting for a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in
the activities of, an organisation; and
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(b) the organisation is a terrorist organisation; and
(c) the first-mentioned person knows the organisation is a terrorist
organisation.
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 organisation; and
(b) the organisation is a terrorist organisation; and
(c) the first-mentioned person is reckless as to whether the organisation is a
terrorist organisation.
Penalty: Imprisonment for 15 years.
102.5 Training a terrorist organisation or receiving training from a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally provides training to, or intentionally
receives training from, an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
- (2)
- A person commits an offence if:
(a) the person intentionally provides training to, or intentionally
receives training from, an organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist
organisation.
Penalty: Imprisonment for 15 years.
102.6 Getting funds to or from a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally receives funds from, or makes funds available
to, an organisation (whether directly or indirectly); and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
- (2)
- A person commits an offence if:
(a) the person intentionally receives funds from, or makes funds available
to, an organisation (whether directly or indirectly); and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist
organisation.
Penalty: Imprisonment for 15 years.
- (4)
- Subsections (1) and (2) do not apply to the person's receipt of funds
from the organisation if the person proves that he or she 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) assistance to the organisation 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).
102.7 Providing support to a terrorist organisation
- (1)
- A person commits an offence if:
(a) the person intentionally provides to an organisation support or
resources that would help the organisation engage in an activity described in
paragraph (a) of the definition of terrorist organisation in
this Division; and
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(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
- (2)
- A person commits an offence if:
(a) the person intentionally provides to an organisation support or
resources that would help the organisation engage in an activity described in
paragraph (a) of the definition of terrorist organisation in
this Division; and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is a terrorist
organisation.
Penalty: Imprisonment for 15 years.
Subdivision C—General provisions relating to offences
102.9 Extended geographical jurisdiction for offences
Section 15.4 (extended geographical jurisdiction—category D) applies to
an offence against this Division.
102.10 Alternative verdicts
- (1)
- This section applies if, in a prosecution for an offence (the
prosecuted offence) against a subsection of a section of this
Division, 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.
5 Application
For the purpose of making regulations specifying an organisation for the
purposes of paragraph (c) of the definition of terrorist
organisation in section 102.1 of the Criminal Code, it does
not matter whether the relevant decision of the Security Council of the United
Nations was made before or after the commencement of this item.
Crimes Act 1914
6 Subsection 4J(7)
Repeal the subsection, substitute:
- (7)
- This section does not apply in relation to an offence against:
(a) section 24AA, 24AB or 78 or subsection 79(2) or (5) of this Act;
or
(b) section 80.1 of the Criminal Code.
Note: If item 1 of Schedule 2 to the Criminal Code Amendment
(Espionage and Related Offences) Act 2002 commences before or at the same
time as item 2 of Schedule 1 to this Act, then this item does not
commence at all. See subsection 2(5) of this Act.
7 Subsection 4J(7)
Repeal the subsection, substitute:
- (7)
- This section does not apply to an offence against:
(a) section 24AA or 24AB or subsection 79(2) or (5) of this Act; or
(b) section 80.1 or 91.1 of the Criminal Code.
Note: If item 1 of Schedule 2 to the Criminal Code Amendment
(Espionage and Related Offences) Act 2002 does not commence before or at
the same time as item 2 of Schedule 1 to this Act, then this item
does not commence at all. See subsection 2(6) of this Act.
8 Section 24
Repeal the section.
9 Subsection 24AC(1)
Omit "24,".
10 Subparagraph 24F(2)(b)(ii)
Omit "paragraph 24(1)(d)", substitute "paragraph 80.1(1)(e) of the
Criminal Code".
11 After paragraph 24F(2)(b)
Insert:
(ba) with intent to assist:
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(i) another country; or
(ii) an organisation (within the meaning of section 100.1 of the
Criminal Code);
that is engaged in armed hostilities against the Australian Defence Force;
12 Paragraph 24F(2)(c)
After "subsection 24AA(4)", insert "of this Act".
13 Paragraph 24F(2)(d)
After "paragraphs 24AA(2)(a) and (b)", insert "of this Act".
Migration Act 1958
14 Subparagraph 203(1)(c)(i)
Omit "24,".
15 After subparagraph 203(1)(c)(i)
Insert:
(ia) an offence against section 80.1 of the Criminal Code;
or
16 Subparagraph 203(1)(c)(ii)
Omit "that Act that relates to an offence mentioned in
subparagraph (i)", substitute "the Crimes Act 1914 that relates to
an offence mentioned in subparagraph (i) or (ia)".
17 Subparagraph 203(1)(c)(iia)
After "subparagraph (i)", insert "or (ia)".
18 Saving of Proclamations
A Proclamation that was in force for the purpose of paragraph 24(1)(d) of
the Crimes Act 1914 immediately before the commencement of this item has
effect, after that commencement, as if it were a Proclamation that was in force
for the purpose of paragraph 80.1(1)(e) of the Criminal Code.
Intelligence Services Act 2001
19 After paragraph 29(1)(b)
Insert:
(ba) to review, as soon as possible after the third anniversary of the day
on which the Security Legislation Amendment (Terrorism) Act 2002
receives the Royal Assent, the operation, effectiveness and implications of
amendments made by that Act and the following Acts:
(i) the Border Security Legislation Amendment Act 2002;
(ii) the Criminal Code Amendment (Suppression of Terrorist Bombings) Act
2002;
(iii) the Suppression of the Financing of Terrorism Act 2002; and
SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002
Schedule 2—Amendments relating to air security officers
Australian Protective Service Act 1987
1 After paragraph 13(2)(b)
Insert:
(ba) an offence against Division 72 of the Criminal Code that
relates to a person, place or thing in respect of which the Protective Service
is performing its functions; or
2 Before paragraph 13(2)(c)
Insert:
(bb) an offence against Division 101 of the Criminal Code that
relates to a person, place or thing in respect of which the Protective Service
is performing its functions; or
Crimes (Aviation) Act 1991
3 Subsection 3(1) (at the end of the definition of prescribed flight)
Add:
; or (c) within a State.
4 After section 8
Insert:
8A Aircraft flights within a State
For the purposes of this Act, a flight of an aircraft is taken to be a flight
within a State if:
(a) the flight starts in the State; and
(b) the flight ends in the State or is, when the flight starts, intended to
end, in the State;
whether or not the aircraft goes, or will or may go, outside the State
during the flight.
Note
[Minister's second reading speech made in—
House of Representatives on 13 March 2002
Senate on 14 March 2002]
(954/02)
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