Meaning of “terrorist act”
6 Meaning of “terrorist act”
For the purposes of this Act, an action or threat of action is a terrorist act if —
the action falls within subsection (2) and does not fall within subsection (3);
the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
the action is done or the threat is made with the intention of —
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
intimidating the public, or a section of the public.
Action falls within this subsection if it —
causes a person’s death;
causes serious physical harm to a person;
endangers a person’s life, other than the life of the person doing the act;
creates a serious risk to the health or safety of the public;
causes serious damage to property; or
seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to —
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.
Action falls within this subsection if it —
is advocacy, protest, dissent or industrial action; and
is not intended —
to cause a person’s death;
to cause serious physical harm to a person;
to endanger a person’s life, other than the life of the person doing the act;
to create a serious risk to the health or safety of the public.
In this section —
a reference to any person or property is a reference to any person or property wherever situated, within or outside the State (including within or outside Australia); and
a reference to the public includes a reference to the public of another State or Territory or of a country other than Australia.
Note for this section:
This section is consistent with the definition of “terrorist act” used in Part 5.3 of the Criminal Code of the Commonwealth.
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