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TASMANIA
__________
TERRORISM (COMMONWEALTH POWERS)
BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Purpose of Act
4. Interpretation
5. Reference of matters
6. Termination of references
7. Administration of Act
Schedule 1 - Part 5.3 of Commonwealth Criminal Code
[Bill 104]-I
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TERRORISM (COMMONWEALTH POWERS)
BILL 2002
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act 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
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Terrorism (Commonwealth
Powers) Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Purpose of Act
3. 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.
[Bill 104] 3
s. 4 No. Terrorism (Commonwealth Powers) 2002
Interpretation
4. 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 5(1)(a) and (b);
"referred provisions" means the text set out in
Schedule 1 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 Schedule 1 and as
in force from time to time;
"terrorist act" has the same meaning it has in the
text set out in Schedule 1.
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2002 Terrorism (Commonwealth Powers) No. s. 5
Reference of matters
5. (1) The following matters are referred to the
Parliament of the Commonwealth:
(a) 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 Schedule 1; and
(b) 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.
(2) The reference of a matter under subsection (1)
has effect only -
(a) 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
(b) if and to the extent that the matter is included
in the legislative powers of the Parliament of
the State.
(3) The operation of each paragraph of subsection (1)
is not affected by the other paragraph.
(4) For the avoidance of doubt, it is the intention of
the Parliament of the State that -
5
s. 6 No. Terrorism (Commonwealth Powers) 2002
(a) 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
(b) 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.
(5) Despite any other provision of this section, the
references have effect for a period -
(a) beginning on the day on which this Act
commences; and
(b) ending on the day fixed, pursuant to section 6,
as the day on which the references under this
Act are to terminate -
but no longer.
Termination of references
6. (1) 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.
(2) 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.
6
2002 Terrorism (Commonwealth Powers) No. s. 7
(3) 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 5) never to have been
published.
(4) A revoking proclamation has effect only if
published before the day fixed under subsection (1).
(5) The revocation of a proclamation published
under subsection (1) does not prevent publication of a
further proclamation under that subsection.
Administration of Act
7. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
(a) the administration of this Act is assigned to
the Minister for Justice and Industrial
Relations; and
(b) the department responsible to the Minister for
Justice and Industrial Relations in relation to
the administration of this Act is the
Department of Justice and Industrial
Relations.
7
sch. 1 No. Terrorism (Commonwealth Powers) 2002
SCHEDULE 1 - PART 5.3 OF COMMONWEALTH
CRIMINAL CODE
Section 4
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Government Printer, Tasmania 25