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CRIME AND CORRUPTION ACT 2001 - SECT 22A
Meaning of terrorist act
(1) An action is a
"terrorist act" if— (a) it does any of the following— (i) causes
serious harm that is physical harm to a person;
(ii) causes serious damage to
property;
(iii) causes a person’s death;
(iv) endangers the life of
someone other than the person taking the action;
(v) creates a serious risk
to the health or safety of the public or a section of the public;
(vi)
seriously interferes with, seriously disrupts, or destroys an
electronic system; and
(b) it is done with the intention of advancing a
political, religious or ideological cause; and
(c) it is done with the
intention of— (i) 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
(ii) intimidating the public or a section of the public.
(2) A threat of action is a
"terrorist act" if— (a) the threatened action is likely to do anything
mentioned in subsection (1) (a) (i) to (vi) ; and
(b) the threat is made with
the intentions mentioned in subsection (1) (b) and (c) .
(3) However, an
action or threat of action is not a
"terrorist act" if the action or threatened action— (a) is advocacy,
protest, dissent or industrial action; and
(b) is not intended— (i) to
cause serious harm that is physical harm to a person; or
(ii) to cause a
person’s death; or
(iii) to endanger the life of a person, other than the
person taking the action; or
(iv) to create a serious risk to the health or
safety of the public or a section of the public.
(4) 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).
(5) In this section—
"electronic system" includes any of the following electronic systems— (a) an
information system;
(b) a telecommunications system;
(c) a financial system;
(d) a system used for the delivery of essential government services;
(e) a
system used for, or by, an essential public utility;
(f) 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— (a) endangers, or is likely to endanger, a person’s life; or
(b)
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.
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