Meaning of terrorist act and terrorism
211 Meaning of terrorist act and terrorism
An action is a terrorist act if—
it does any of the following—
causes serious harm that is physical harm to a person;
causes serious damage to property;
causes a person’s death;
endangers the life of someone other than the person taking the action;
creates a serious risk to the health or safety of the public or a section of the public;
seriously interferes with, seriously disrupts, or destroys an electronic system; and
it is done with the intention of advancing a political, religious or ideological cause; and
it is done with the intention of—
coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or
intimidating the public or a section of the public.
A threat of action is a terrorist act if—
the threatened action is likely to do anything mentioned in subsection (1)(a)(i) to (vi); and
the threat is made with the intentions mentioned in subsection (1)(b) and (c).
However, an action or threat of action is not a terrorist act if the action or threatened action—
is advocacy, protest, dissent or industrial action; and
is not intended—
to cause serious harm that is physical harm to a person; or
to cause a person’s death; or
to endanger the life of a person, other than the person taking the action; or
to create a serious risk to the health or safety of the public or a section of the public.
Terrorism is—
criminal activity that involves a terrorist act; or
something that is—
preparatory to the commission of criminal activity that involves a terrorist act; or
undertaken to avoid detection of, or prosecution for, criminal activity that involves a terrorist act.
A reference in this section to a person or property is a reference to a person or property wherever situated, within or outside the State (including within or outside Australia).
In this section—electronic system includes any of the following electronic systems—
an information system;
a telecommunications system;
a financial system;
a system used for the delivery of essential government services;
a system used for, or by, an essential public utility;
a system used for, or by, a transport system.
physical harm includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).public includes the public of another State or of a country other than Australia.serious harm means harm, including the cumulative effect of any harm, that—
endangers, or is likely to endanger, a person’s life; or
is, or is likely to be, significant and longstanding.
threat includes a threat made by conduct, whether express or implied and whether conditional or unconditional.
This Act’s bill:Explanatory memorandum
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