Terrorism (Commonwealth Powers) Act 2002

This Act may be cited as the Terrorism (Commonwealth Powers) Act 2002.

The purpose of this Act is to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.

In this Act—

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

criminal responsibility legislation means the provisions of Chapter 2 of the Commonwealth Criminal Code, as in force from time to time;

express amendment of the terrorism legislation or the criminal responsibility legislation means the direct amendment of the text of the legislation (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by Commonwealth Acts, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the legislation;

references means the references under section 4(1)(a) and (b);

referred provisions means the text set out in the Schedule to the extent to which it deals with matters that are included in the legislative powers of the Parliament of the State;

terrorism legislation means the provisions of Part 5.3 of the Commonwealth Criminal Code enacted in the terms, or substantially in the terms, of the text set out in the Schedule and as in force from time to time;

terrorist act has the same meaning it has in the text set out in the Schedule.

The following matters are referred to the Parliament of the Commonwealth:

the matters to which the referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the referred provisions in the Commonwealth Criminal Code in the terms, or substantially in the terms, of the text set out in the Schedule; and

the matter of terrorist acts, and actions relating to terrorist acts, but only to the extent of the making of laws with respect to that matter by making express amendments of the terrorism legislation or the criminal responsibility legislation.

The reference of a matter under subsection (1) has effect only—

if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth); and

if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

The operation of each paragraph of subsection (1) is not affected by the other paragraph.

For the avoidance of doubt, it is the intention of the Parliament of the State that—

the terrorism legislation or the criminal responsibility legislation may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references; and

the terrorism legislation or the criminal responsibility legislation may have its operation affected, otherwise than by express amendment, at any time after the commencement of this Act by provisions of instruments authorised by that legislation.

Despite any other provision of this section, the references have effect for a period—

beginning on the day on which this Act commences; and

ending on the day fixed, pursuant to section 5, as the day on which the references under this Act are to terminate, but no longer.

The Governor may, at any time, by proclamation published in the Gazette, fix a day as the day on which the references under this Act are to terminate.

The day fixed under subsection (1) must be no earlier than the first day after the end of the period of 3 months beginning with the day on which the proclamation is published under that subsection.

The Governor may, by proclamation published in the Gazette, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published.

A revoking proclamation has effect only if published before the day fixed under subsection (1).

The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.