2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend the Civil Law (Wrongs) Act 2002, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Civil Law (Wrongs) Amendment Act 2002.

This Act commences on the day after its notification day.

This part amends the Civil Law (Wrongs) Act 2002.

(1) In this part:

act of terrorism means the use or threat of action if—

(a) the action falls within subsection (2); and

(b) the use or threat is designed to influence a government or to intimidate the public or a section of the public; and

(c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.

(2) Action falls within this subsection if it—

(a) involves serious violence against a person; or

(b) involves serious damage to property; or

(c) endangers a person’s life, other than that of the person committing the action; or

(d) creates a serious risk to the health or safety of the public or a section of the public; or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

(3) The use or threat of action falling within subsection (2) that involves the use of firearms or explosives is terrorism whether or not subsection (1) (b) is satisfied.

(4) In this section:

action includes action outside the ACT or Australia.

government includes the government of another Australian jurisdiction or a foreign country.

person means a person anywhere, whether in or outside the ACT or Australia.

property means property located anywhere, whether in or outside the ACT or Australia.

public includes the public of a place outside the ACT or Australia.

(1) There is no right of action for death or injury (or both) arising out of the use of a motor vehicle if the death or injury (or both) are caused by an act of terrorism committed before 1 October 2004.

(2) Subsection (1) does not remove the liability—

(a) of someone who commits or promotes the act of terrorism; or

(b) of an employer to pay compensation under the Workers Compensation Act 1951 (or any corresponding law of the Commonwealth, a State or another Territory) to a worker.

(3) This section applies despite the Road Transport (General) Act 1999, section 169 (1) (Indemnification of insured persons).

This part expires on 31 December 2004.

This part amends the Road Transport (General) Act 1999.

Note The Civil Law (Wrongs) Act 2002, pt 3.3 abolishes liability for death or injury caused by acts of terrorism if the death or injury arises out of the use of a motor vehicle and the act of terrorism is committed before  1 October 2004.

This section and the notes to sections 171 and 180 (1) expire on  31 December 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.