Criminal Code Act 1995

For the purposes of this Subdivision, a person engages in abhorrent violent conduct if the person:

engages in a terrorist act; or

murders another person; or

attempts to murder another person; or

tortures another person; or

rapes another person; or

kidnaps another person.

For the purposes of this section, a person (the first person) murders another person if:

the first person’s conduct causes the death of the other person; and

the conduct constitutes an offence.

For the purposes of this section, a person (the first person) tortures another person if:

the first person inflicts severe physical or mental pain or suffering upon the other person; and

the other person is in the custody, or under the control, of the first person; and

the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986).

For the purposes of this section, a person (the first person) rapes another person if:

the first person sexually penetrates the other person without the consent of the other person; or

the first person causes the other person to sexually penetrate the first person without the consent of the other person.

For the purposes of this section, a person (the first person) kidnaps another person if:

the first person takes or detains the other person without the other person’s consent; and

the first person takes or detains the other person in order to:

hold the other person to ransom or as a hostage; or

murder, torture or rape the other person or a third person; or

cause serious harm to the other person or a third person; and

the taking or detention of the other person involves violence or a threat of violence.

In this section:

penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

penetrate (to any extent) the mouth of a person by the penis of another person; or

continue to sexually penetrate as defined in paragraph (a) or (b).

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

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.

For the purposes of this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.