Criminal Code Act 1995

In this Code:

For the purposes of this section, an entity advocated the doing of a terrorist act if:

the entity directly or indirectly counselled, promoted, encouraged or urged the doing of a terrorist act; or

the entity directly or indirectly provided instruction on the doing of a terrorist act; or

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.

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:

the entity is a foreign state entity; and

the entity or a member of the entity:

has directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia; or

has advocated the doing of a terrorist act that was targeted at Australia.

In paragraph (3)(b):

a reference to a terrorist act includes a reference to a terrorist act that occurred before subsection (3) commences; and

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.

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:

obtain the Foreign Affairs Minister’s agreement in writing to the entity being specified for the purposes of that definition; and

arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

In this section, a reference to the doing of a terrorist act includes:

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

a reference to the doing of a specific terrorist act; and

a reference to the doing of more than one terrorist act.