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s 5

Terrorist act

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Part 1Preliminary

5 Terrorist act

(1) In this Act, terrorist act means an action or threat of an action if:

(a) the action falls within subsection (2) and does not fall within subsection (3);

(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;

(b)

causes serious damage to property;

(c)

causes a person's death;

(d) endangers a person's life, other than the life of the person taking the action;

(e)

creates a serious risk to public health or public safety; or

(f) seriously interferes with, seriously disrupts, or destroys, an electronic system, including but not limited to:

(i)

an information system;

(ii)

a telecommunications system;

(iii)

a financial system;

(iv)

a system used for the delivery of essential government services;

(v)

a system used for, or by, an essential public utility; or

(vi)

a system used for, or by, a transport system.

(3)

Action falls within this subsection if it:

(a)

is advocacy, protest, dissent or industrial action; and

(b)

it is not intended:

(i)

to cause serious harm that is physical harm to a person;

(ii)

to cause a person's death;

(iii) to endanger a person's life, other than the life of the person taking the action; or

(iv)

to create a serious risk to public health or public safety.

(4) In this section, a reference to a person or property is a reference to a person or property wherever situated, within or outside the Territory (including within or outside Australia).

Part 2 Powers exercisable under authorisations

Division 1 Giving of authorisations

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