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This is a Bill, not an Act. For current law, see the Acts databases.


TERRORISM (COMMONWEALTH POWERS) BILL 2002

                     Western Australia


Terrorism (Commonwealth Powers) Bill 2002

                        CONTENTS

1.   Short title and purpose              1
2.   Commencement                         2
3.   Definitions                          2
4.   Reference of matters                 3
5.   Termination of references            4
     Schedule 1 -- Part 5.3 of
         Commonwealth Criminal Code       5




                          165--2          page i
                              Western Australia


                        LEGISLATIVE ASSEMBLY

                (As amended during consideration in detail)


     Terrorism (Commonwealth Powers) Bill 2002

                                  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.



The Parliament of Western Australia enacts as follows:


1.         Short title and purpose
     (1)   This Act may be cited as the Terrorism (Commonwealth
           Powers) Act 2002.
     (2)   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.




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     Terrorism (Commonwealth Powers) Bill 2002



     s. 2




     2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       Definitions
              In this Act --
5             "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
10                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
15                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;
20            "references" means the references under section 4(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;
25            "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
30                Schedule 1.




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                                     Terrorism (Commonwealth Powers) Bill 2002



                                                                              s. 4



     4.         Reference of matters
          (1)   The following matters are referred to the Parliament of the
                Commonwealth --
                 (a) the matters to which the referred provisions relate, but
5                       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
10               (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.
15        (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
20                     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
25              affected by the other paragraph.
          (4)   For the avoidance of doubt, it is the intention of the Parliament
                of the State that --
                  (a) the terrorism legislation or the criminal responsibility
                        legislation may be expressly amended, or have its
30                      operation otherwise affected, at any time after the
                        commencement of this Act by provisions of
                        Commonwealth Acts the operation of which is based on



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     Terrorism (Commonwealth Powers) Bill 2002



     s. 5



                       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
5                      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 --
10                (a) beginning on the day on which this Act comes into
                        operation; and
                  (b) 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.

15   5.         Termination of references
          (1)   The Governor may, at any time, by proclamation, fix a day as
                the day on which the references 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
20              the day on which the proclamation is published in the Gazette.
          (3)   The Governor may, by proclamation, 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.
25        (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.
30        (6)   A proclamation is to be made under this section if and only if
                the making of that proclamation has been recommended by
                resolution passed by both Houses of Parliament of this State.

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                                      Terrorism (Commonwealth Powers) Bill 2002



                           Part 5.3 of Commonwealth Criminal Code           Schedule 1



      Schedule 1 -- Part 5.3 of Commonwealth Criminal Code
                                                                            (Section 3)

     Part 5.3 Terrorism
     Division 100         Preliminary
5    100.1   Definitions
             (1)    In this Part:
                    Commonwealth place has the same meaning as in the
                    Commonwealth Places (Application of Laws) Act 1970.
                    constitutional corporation means a corporation to which
10                  paragraph 51 (xx) of the Constitution applies.
                    express amendment of the provisions of this Part or Chapter 2
                    means the direct amendment of the provisions (whether by the
                    insertion, omission, repeal, substitution or relocation of words
                    or matter).
15                  funds means:
                    (a)     property and assets of every kind, whether tangible or
                            intangible, movable or immovable, however acquired;
                            and
                    (b)     legal documents or instruments in any form, including
20                          electronic or digital, evidencing title to, or interest in,
                            such property or assets, including, but not limited to,
                            bank credits, travellers cheques, bank cheques, money
                            orders, shares, securities, bonds, debt instruments, drafts
                            and letters of credit.
25                  organisation means a body corporate or an unincorporated
                    body whether or not the body:
                    (a)     is based outside Australia; or
                    (b)     consists of persons who are not Australian citizens; or
                    (c)     is part of a larger organisation.
30                  referring State has the meaning given by section 100.2.

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     Schedule 1      Part 5.3 of Commonwealth Criminal Code



                    terrorist act means an action or threat of action where:
                    (a)   the action falls within subsection (2) and does not fall
                          within subsection (3); and
                    (b)   the action is done or the threat is made with the intention
5                         of advancing a political, religious or ideological cause;
                          and
                    (c)   the action is done or the threat is made with the intention
                          of:
                          (i)     coercing, or influencing by intimidation, the
10                                government of the Commonwealth or a State,
                                  Territory or foreign country, or of part of a State,
                                  Territory or foreign country; or
                          (ii)    intimidating the public or a section of the public.
              (2)   Action falls within this subsection if it:
15                  (a)   causes serious harm that is physical harm to a person; or
                    (b)   causes serious damage to property; or
                    (c)   causes a person's death; or
                    (d)   endangers a person's life, other than the life of the person
                          taking the action; or
20                  (e)   creates a serious risk to the health or safety of the public
                          or a section of the public; or
                    (f)   seriously interferes with, seriously disrupts, or destroys,
                          an electronic system including, but not limited to:
                          (i)     an information system; or
25                        (ii)    a telecommunications system; or
                          (iii)   a financial system; or
                          (iv)    a system used for the delivery of essential
                                  government services; or
                          (v)     a system used for, or by, an essential public utility;
30                                or
                          (vi)    a system used for, or by, a transport system.


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                                       Terrorism (Commonwealth Powers) Bill 2002



                         Part 5.3 of Commonwealth Criminal Code             Schedule 1



             (3)   Action falls within this subsection if it:
                   (a)    is advocacy, protest, dissent or industrial action; and
                   (b)    is not intended:
                          (i)     to cause serious harm that is physical harm to a
5                                 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
10                                public or a section of the public.
             (4)   In this Division:
                   (a)    a reference to any person or property is a reference to any
                          person or property wherever situated, within or outside
                          Australia; and
15                 (b)    a reference to the public includes a reference to the public
                          of a country other than Australia.
     100.2   Referring States
             (1)   A State is a referring State if the Parliament of the State has
                   referred the matters covered by subsections (2) and (3) to the
20                 Parliament of the Commonwealth for the purposes of
                   paragraph 51 (xxxvii) of the Constitution:
                   (a)    if and to the extent that the matters are not otherwise
                          included in the legislative powers of the Parliament of the
                          Commonwealth (otherwise than by a reference under
25                        paragraph 51 (xxxvii) of the Constitution); and
                   (b)    if and to the extent that the matters are included in the
                          legislative powers of the Parliament of the State.
                   This subsection has effect subject to subsection (5).
             (2)   This subsection covers the matters to which the referred
30                 provisions relate to the extent of making laws with respect to
                   those matters by including the referred provisions in this Code.



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     Schedule 1      Part 5.3 of Commonwealth Criminal Code



              (3)   This subsection covers the matter of terrorist acts, and actions
                    relating to terrorist acts, to the extent of the making of laws with
                    respect to that matter by making express amendment of this Part
                    or of Chapter 2.
5             (4)   A State is a referring State even if a law of the State provides
                    that the reference to the Commonwealth Parliament of either or
                    both of the matters covered by subsections (2) and (3) is to
                    terminate in particular circumstances.
              (5)   A State ceases to be a referring State if a reference by the State
10                  of either or both of the matters covered by subsections (2) and
                    (3) terminates.
              (6)   In this section:
                    referred provisions means the provisions of Part 5.3 of this Code
                    as inserted by the Criminal Code Amendment (Terrorism)
15                  Act 2002, to the extent to which they deal with matters that are
                    included in the legislative powers of the Parliaments of the States.
     100.3    Constitutional basis for the operation of this Part
              (1)   Operation in a referring State
                    The operation of this Part in a referring State is based on:
20                  (a)    the legislative powers that the Commonwealth Parliament
                           has under section 51 of the Constitution (other than
                           paragraph 51 (xxxvii)); and
                    (b)    the legislative powers that the Commonwealth Parliament
                           has in respect of matters to which this Part relates
25                         because those matters are referred to it by the Parliament
                           of the referring State under paragraph 51 (xxxvii) of the
                           Constitution.
                    Note. The State reference fully supplements the Commonwealth Parliament's
                           other powers by referring the matters to the Commonwealth
30                         Parliament to the extent to which they are not otherwise included in
                           the legislative powers of the Commonwealth Parliament.

              (2)   Operation in a non-referring State
                    The operation of this Part in a State that is not a referring State
                    is based on the legislative powers that the Commonwealth


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                         Part 5.3 of Commonwealth Criminal Code                   Schedule 1



                   Parliament has under section 51 of the Constitution (other than
                   paragraph 51 (xxxvii)).
                   Note. Subsection 100.4 (5) identifies particular powers that are being relied
                         on.

5            (3)   Operation in a Territory
                   The operation of this Part in the Northern Territory, the
                   Australian Capital Territory or an external Territory is based on:
                   (a)    the legislative powers that the Commonwealth Parliament
                          has under section 122 of the Constitution to make laws
10                        for the government of that Territory; and
                   (b)    the legislative powers that the Commonwealth Parliament
                          has under section 51 of the Constitution (other than
                          paragraph 51 (xxxvii)).
                   Despite subsection 22 (3) of the Acts Interpretation Act 1901,
15                 this Part as applying in those Territories is a law of the
                   Commonwealth.
             (4)   Operation outside Australia
                   The operation of this Part outside Australia and the external
                   Territories is based on:
20                 (a)    the legislative powers that the Commonwealth Parliament
                          has under paragraph 51 (xxix) of the Constitution; and
                   (b)    the other legislative powers that the Commonwealth
                          Parliament has under section 51 of the Constitution (other
                          than paragraph 51 (xxxvii)).
25   100.4   Application of provisions
             (1)   Part generally applies to all terrorist acts and preliminary
                   acts
                   Subject to subsection (4), this Part applies to the following
                   conduct:
30                 (a)    all actions or threats of action that constitute terrorist acts
                          (no matter where the action occurs, the threat is made or
                          the action, if carried out, would occur);


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     Terrorism (Commonwealth Powers) Bill 2002



     Schedule 1       Part 5.3 of Commonwealth Criminal Code



                     (b)    all actions (preliminary acts) that relate to terrorist acts
                            but do not themselves constitute terrorist acts (no matter
                            where the preliminary acts occur and no matter where the
                            terrorist acts to which they relate occur or would occur).
 5                   Note. See the following provisions:
                     (a)    subsection 101.1 (2);
                     (b)    subsection 101.2 (4);
                     (c)    subsection 101.4 (4);
                     (d)    subsection 101.5 (4);
10                   (e)    subsection 101.6 (3);
                     (f)    section 102.9.

               (2)   Operation in relation to terrorist acts and preliminary acts
                     occurring in a State that is not a referring State
                     Subsections (4) and (5) apply to conduct if the conduct is itself
15                   a terrorist act and:
                     (a)     the terrorist act consists of an action and the action
                            occurs in a State that is not a referring State; or
                     (b)    the terrorist act consists of a threat of action and the
                            threat is made in a State that is not a referring State.
20             (3)   Subsections (4) and (5) also apply to conduct if the conduct is a
                     preliminary act that occurs in a State that is not a referring State
                     and:
                     (a)    the terrorist act to which the preliminary act relates
                            consists of an action and the action occurs, or would
25                          occur, in a State that is not a referring State; or
                     (b)    the terrorist act to which the preliminary act relates
                            consists of a threat of action and the threat is made, or
                            would be made, in a State that is not a referring State.
               (4)   Notwithstanding any other provision in this Part, this Part
30                   applies to the conduct only to the extent to which the Parliament
                     has power to legislate in relation to:
                     (a)    if the conduct is itself a terrorist act--the action or threat
                            of action that constitutes the terrorist act; or




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                 Part 5.3 of Commonwealth Criminal Code            Schedule 1



           (b)    if the conduct is a preliminary act--the action or threat of
                  action that constitutes the terrorist act to which the
                  preliminary act relates.
     (5)   Without limiting the generality of subsection (4), this Part
5          applies to the action or threat of action if:
           (a)    the action affects, or if carried out would affect, the
                  interests of:
                  (i)     the Commonwealth; or
                  (ii)    an authority of the Commonwealth; or
10                (iii)   a constitutional corporation; or
           (b)    the threat is made to:
                  (i)     the Commonwealth; or
                  (ii)    an authority of the Commonwealth; or
                  (iii)   a constitutional corporation; or
15         (c)    the action is carried out by, or the threat is made by, a
                  constitutional corporation; or
           (d)    the action takes place, or if carried out would take place,
                  in a Commonwealth place; or
           (e)    the threat is made in a Commonwealth place; or
20         (f)    the action involves, or if carried out would involve, the
                  use of a postal service or other like service; or
           (g)    the threat is made using a postal or other like service; or
           (h)    the action involves, or if carried out would involve, the
                  use of an electronic communication; or
25         (i)    the threat is made using an electronic communication; or
           (j)    the action disrupts, or if carried out would disrupt, trade
                  or commerce:
                  (i)     between Australia and places outside Australia; or
                  (ii)    among the States; or

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     Terrorism (Commonwealth Powers) Bill 2002



     Schedule 1       Part 5.3 of Commonwealth Criminal Code



                           (iii)   within a Territory, between a State and a Territory
                                   or between 2 Territories; or
                     (k)   the action disrupts, or if carried out would disrupt:
                           (i)     banking (other than State banking not extending
5                                  beyond the limits of the State concerned); or
                           (ii)    insurance (other than State insurance not extending
                                   beyond the limits of the State concerned); or
                     (l)   the action is, or if carried out would be, an action in
                           relation to which the Commonwealth is obliged to create
10                         an offence under international law; or
                     (m)   the threat is one in relation to which the Commonwealth
                           is obliged to create an offence under international law.
               (6)   To avoid doubt, subsections (2) and (3) apply to a State that is
                     not a referring State at a particular time even if no State is a
15                   referring State at that time.
     100.5     Application of Acts Interpretation Act 1901
               (1)   The Acts Interpretation Act 1901, as in force on the day on
                     which Schedule 1 to the Criminal Code Amendment
                     (Terrorism) Act 2002 commences, applies to this Part.
20             (2)   Amendments of the Acts Interpretation Act 1901 made after
                     that day do not apply to this Part.
     100.6     Concurrent operation intended
               (1)   This Part is not intended to exclude or limit the concurrent
                     operation of any law of a State or Territory.
25             (2)   Without limiting subsection (1), this Part is not intended to
                     exclude or limit the concurrent operation of a law of a State or
                     Territory that makes:
                     (a) an act or omission that is an offence against a provision of
                         this Part; or
30                   (b) a similar act or omission;
                     an offence against the law of the State or Territory.


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                         Part 5.3 of Commonwealth Criminal Code           Schedule 1



             (3)   Subsection (2) applies even if the law of the State or Territory
                   does any one or more of the following:
                   (a) provides for a penalty for the offence that differs from the
                       penalty provided for in this Part;
5                  (b) provides for a fault element in relation to the offence that
                       differs from the fault elements applicable to the offence
                       under this Part;
                   (c) provides for a defence in relation to the offence that differs
                       from the defences applicable to the offence under this Part.
10           (4)   If:
                   (a) an act or omission of a person is an offence under this Part
                       and is also an offence under the law of a State or Territory;
                       and
                   (b) the person has been punished for the offence under the law
15                     of the State or Territory;
                   the person is not liable to be punished for the offence under this
                   Part.
     100.7   Regulations may modify operation of this Part to deal with
             interaction between this Part and State and Territory laws
20           (1)   The regulations may modify the operation of this Part so that:
                   (a)    provisions of this Part do not apply to a matter that is
                          dealt with by a law of a State or Territory specified in the
                          regulations; or
                   (b)    no inconsistency arises between the operation of a
25                        provision of this Part and the operation of a State or
                          Territory law specified in the regulations.
             (2)   Without limiting subsection (1), regulations made for the
                   purposes of that subsection may provide that the provision of
                   this Part does not apply to:
30                 (a)    a person specified in the regulations; or
                   (b)    a body specified in the regulations; or


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     Schedule 1       Part 5.3 of Commonwealth Criminal Code



                     (c)     circumstances specified in the regulations; or
                     (d)     a person or body specified in the regulations in the
                             circumstances specified in the regulations.
               (3)   In this section:
5                    matter includes act, omission, body, person or thing.
     100.8     Approval for changes to or affecting this Part
               (1)   This section applies to:
                     (a)     an express amendment of this Part (including this
                             section); and
10                   (b)     an express amendment of Chapter 2 that applies only to
                             this Part (whether or not it is expressed to apply only to
                             this Part).
               (2)   An express amendment to which this section applies is not to be
                     made unless the amendment is approved by:
15                   (a)     a majority of the group consisting of the States, the
                             Australian Capital Territory and the Northern Territory;
                             and
                     (b)     at least 4 States.

     Division 101          Terrorism
20   101.1     Terrorist acts
               (1)   A person commits an offence if the person engages in a terrorist
                     act.
                     Penalty: Imprisonment for life.
               (2)   Section 15.4 (extended geographical jurisdiction--category D)
25                   applies to an offence against subsection (1).
     101.2     Providing or receiving training connected with terrorist acts
               (1)   A person commits an offence if:
                     (a)     the person provides or receives training; and


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                         Part 5.3 of Commonwealth Criminal Code           Schedule 1



                   (b)    the training is connected with preparation for, the
                          engagement of a person in, or assistance in a terrorist act;
                          and
                   (c)    the person mentioned in paragraph (a) knows of the
5                         connection described in paragraph (b).
                   Penalty: Imprisonment for 25 years.
             (2)   A person commits an offence if:
                   (a)    the person provides or receives training; and
                   (b)    the training is connected with preparation for, the
10                        engagement of a person in, or assistance in a terrorist act;
                          and
                   (c)    the person mentioned in paragraph (a) is reckless as to
                          the existence of the connection described in
                          paragraph (b).
15                 Penalty: Imprisonment for 15 years.
             (3)   A person commits an offence under this section even if the
                   terrorist act does not occur.
             (4)   Section 15.4 (extended geographical jurisdiction--category D)
                   applies to an offence against this section.
20           (5)   If, in a prosecution for an offence (the prosecuted offence)
                   against a subsection of this section, the trier of fact is not
                   satisfied that the defendant is guilty of the offence, but is
                   satisfied beyond reasonable doubt that the defendant is guilty of
                   an offence (the alternative offence) against another subsection
25                 of this section, the trier of fact may find the defendant not guilty
                   of the prosecuted offence but guilty of the alternative offence,
                   so long as the defendant has been accorded procedural fairness
                   in relation to that finding of guilt.
     101.4   Possessing things connected with terrorist acts
30           (1)   A person commits an offence if:
                   (a)    the person possesses a thing; and



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     Schedule 1       Part 5.3 of Commonwealth Criminal Code



                     (b)    the thing is connected with preparation for, the
                            engagement of a person in, or assistance in a terrorist act;
                            and
                     (c)    the person mentioned in paragraph (a) knows of the
5                           connection described in paragraph (b).
                     Penalty: Imprisonment for 15 years.
               (2)   A person commits an offence if:
                     (a)    the person possesses a thing; and
                     (b)    the thing is connected with preparation for, the
10                          engagement of a person in, or assistance in a terrorist act;
                            and
                     (c)    the person mentioned in paragraph (a) is reckless as
                            to the existence of the connection described in
                            paragraph (b).
15                   Penalty: Imprisonment for 10 years.
               (3)   A person commits an offence under subsection (1) or (2) even if
                     the terrorist act does not occur.
               (4)   Section 15.4 (extended geographical jurisdiction--category D)
                     applies to an offence against this section.
20             (5)   Subsections (1) and (2) do not apply if the possession of the
                     thing was not intended to facilitate preparation for, the
                     engagement of a person in, or assistance in a terrorist act.
                     Note. A defendant bears an evidential burden in relation to the matter in
                     subsection (5) (see subsection 13.3 (3)).

25             (6)   If, in a prosecution for an offence (the prosecuted offence)
                     against a subsection of this section, the trier of fact is not
                     satisfied that the defendant is guilty of the offence, but is
                     satisfied beyond reasonable doubt that the defendant is guilty of
                     an offence (the alternative offence) against another subsection
30                   of this section, the trier of fact may find the defendant not guilty
                     of the prosecuted offence but guilty of the alternative offence,
                     so long as the defendant has been accorded procedural fairness
                     in relation to that finding of guilt.


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                         Part 5.3 of Commonwealth Criminal Code                    Schedule 1



     101.5   Collecting or making documents likely to facilitate terrorist acts
             (1)   A person commits an offence if:
                   (a)     the person collects or makes a document; and
                   (b)     the document is connected with preparation for, the
5                          engagement of a person in, or assistance in a terrorist act;
                           and
                   (c)     the person mentioned in paragraph (a) knows of the
                           connection described in paragraph (b).
                   Penalty: Imprisonment for 15 years.
10           (2)   A person commits an offence if:
                   (a)     the person collects or makes a document; and
                   (b)     the document is connected with preparation for, the
                           engagement of a person in, or assistance in a terrorist act;
                           and
15                 (c)     the person mentioned in paragraph (a) is reckless as to
                           the existence of the connection described in
                           paragraph (b).
                   Penalty: Imprisonment for 10 years.
             (3)   A person commits an offence under subsection (1) or (2) even if
20                 the terrorist act does not occur.
             (4)   Section 15.4 (extended geographical jurisdiction--category D)
                   applies to an offence against this section.
             (5)   Subsections (1) and (2) do not apply if the collection or making
                   of the document was not intended to facilitate preparation for,
25                 the engagement of a person in, or assistance in a terrorist act.
                   Note. A defendant bears an evidential burden in relation to the matter in
                   subsection (5) (see subsection 13.3 (3)).

             (6)   If, in a prosecution for an offence (the prosecuted offence)
                   against a subsection of this section, the trier of fact is not
30                 satisfied that the defendant is guilty of the offence, but is
                   satisfied beyond reasonable doubt that the defendant is guilty of


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     Schedule 1       Part 5.3 of Commonwealth Criminal Code



                     an offence (the alternative offence) against another subsection
                     of this section, the trier of fact may find the defendant not guilty
                     of the prosecuted offence but guilty of the alternative offence,
                     so long as the defendant has been accorded procedural fairness
5                    in relation to that finding of guilt.
     101.6     Other acts done in preparation for, or planning, terrorist acts
               (1)   A person commits an offence if the person does any act in
                     preparation for, or planning, a terrorist act.
                     Penalty: Imprisonment for life.
10             (2)   A person commits an offence under subsection (1) even if the
                     terrorist act does not occur.
               (3)   Section 15.4 (extended geographical jurisdiction--category D)
                     applies to an offence against subsection (1).

     Division 102          Terrorist organisations
15   Subdivision A         Definitions
     102.1     Definitions
               (1)   In this Division:
                     member of an organisation includes:
                     (a)     a person who is an informal member of the organisation;
20                           and
                     (b)     a person who has taken steps to become a member of the
                             organisation; and
                     (c)     in the case of an organisation that is a body corporate--a
                             director or an officer of the body corporate.
25                   recruit includes induce, incite and encourage.
                     terrorist organisation means:
                     (a)     an organisation that is directly or indirectly engaged in,
                             preparing, planning, assisting in or fostering the doing of
                             a terrorist act (whether or not the terrorist act occurs); or



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           (b)    an organisation that is specified by the regulations for the
                  purposes of this paragraph (see subsections (2), (3) and
                  (4)).
     (2)   Before the Governor-General makes a regulation specifying an
5          organisation for the purposes of paragraph (b) of the definition
           of terrorist organisation in this section, the Minister must be
           satisfied on reasonable grounds that:
           (a)    the Security Council of the United Nations has made a
                  decision relating wholly or partly to terrorism; and
10         (b)    the organisation is identified in the decision, or using a
                  mechanism established under the decision, as an
                  organisation to which the decision relates; and
           (c)    the organisation is directly or indirectly engaged in,
                  preparing, planning, assisting in or fostering the doing of
15                a terrorist act (whether or not the terrorist act has
                  occurred or will occur).
     (3)   Regulations for the purposes of paragraph (b) of the definition
           of terrorist organisation in this section cease to have effect on
           the second anniversary of the day on which they take effect. To
20         avoid doubt, this subsection does not prevent:
           (a)    the repeal of those regulations; or
           (b)    the cessation of effect of those regulations under
                  subsection (4); or
           (c)    the making of new regulations the same in substance as
25                those regulations (whether the new regulations are made
                  or take effect before or after those regulations cease to
                  have effect because of this subsection).
     (4)   A regulation specifying an organisation for the purposes of
           paragraph (b) of the definition of terrorist organisation in this
30         section ceases to have effect when:
           (a)    the decision mentioned in paragraph (2) (a) ceases to
                  have effect; or




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                     (b)     the organisation ceases to be identified as described in
                             paragraph (2) (b).
                     The regulation does not revive even if the organisation is again
                     identified as described in paragraph (2) (b).
5              (5)   To avoid doubt, subsection (4) does not prevent:
                     (a)     the repeal of a regulation; or
                     (b)     the making of a regulation that is the same in substance
                             as a regulation that has ceased to have effect because of
                             that subsection.
10             (6)   For the purpose of making regulations specifying an
                     organisation for the purposes of paragraph (b) of the definition
                     of terrorist organisation in this section, it does not matter
                     whether the relevant decision of the Security Council of the
                     United Nations was made before or after 6 July 2002.
15   Subdivision B         Offences
     102.2     Directing the activities of a terrorist organisation
               (1)   A person commits an offence if:
                     (a)     the person intentionally directs the activities of an
                             organisation; and
20                   (b)     the organisation is a terrorist organisation; and
                     (c)     the person knows the organisation is a terrorist
                             organisation.
                     Penalty: Imprisonment for 25 years.
               (2)   A person commits an offence if:
25                   (a)     the person intentionally directs the activities of an
                             organisation; and
                     (b)     the organisation is a terrorist organisation; and
                     (c)     the person is reckless as to whether the organisation is a
                             terrorist organisation.
30                   Penalty: Imprisonment for 15 years.

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     102.3   Membership of a terrorist organisation
             (1)   A person commits an offence if:
                   (a)     the person intentionally is a member of an organisation;
                           and
5                  (b)     the organisation is a terrorist organisation because of
                           paragraph (b) of the definition of terrorist organisation
                           in this Division (whether or not the organisation is a
                           terrorist organisation because of paragraph (a) of that
                           definition also); and
10                 (c)     the person knows the organisation is a terrorist
                           organisation.
                   Penalty: Imprisonment for 10 years.
             (2)   Subsection (1) does not apply if the person proves that he or she
                   took all reasonable steps to cease to be a member of the
15                 organisation as soon as practicable after the person knew that
                   the organisation was a terrorist organisation.
                   Note. A defendant bears a legal burden in relation to the matter in
                   subsection (2) (see section 13.4).

     102.4   Recruiting for a terrorist organisation
20           (1)   A person commits an offence if:
                   (a)     the person intentionally recruits a person to join, or
                           participate in the activities of, an organisation; and
                   (b)     the organisation is a terrorist organisation; and
                   (c)     the first-mentioned person knows the organisation is a
25                         terrorist organisation.
                   Penalty: Imprisonment for 25 years.
             (2)   A person commits an offence if:
                   (a)     the person intentionally recruits a person to join, or
                           participate in the activities of, an organisation; and
30                 (b)     the organisation is a terrorist organisation; and


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                     (c)   the first-mentioned person is reckless as to whether the
                           organisation is a terrorist organisation.
                     Penalty: Imprisonment for 15 years.
     102.5     Training a terrorist organisation or receiving training from a
5              terrorist organisation
               (1)   A person commits an offence if:
                     (a)   the person intentionally provides training to, or
                           intentionally receives training from, an organisation; and
                     (b)   the organisation is a terrorist organisation; and
10                   (c)   the person knows the organisation is a terrorist
                           organisation.
                     Penalty: Imprisonment for 25 years.
               (2)   A person commits an offence if:
                     (a)   the person intentionally provides training to, or
15                         intentionally receives training from, an organisation; and
                     (b)   the organisation is a terrorist organisation; and
                     (c)   the person is reckless as to whether the organisation is a
                           terrorist organisation.
                     Penalty: Imprisonment for 15 years.
20   102.6     Getting funds to or from a terrorist organisation
               (1)   A person commits an offence if:
                     (a)   the person intentionally receives funds from, or makes
                           funds available to, an organisation (whether directly or
                           indirectly); and
25                   (b)   the organisation is a terrorist organisation; and
                     (c)   the person knows the organisation is a terrorist
                           organisation.
                     Penalty: Imprisonment for 25 years.



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                         Part 5.3 of Commonwealth Criminal Code                     Schedule 1



             (2)   A person commits an offence if:
                   (a)     the person intentionally receives funds from, or makes
                           funds available to, an organisation (whether directly or
                           indirectly); and
5                  (b)     the organisation is a terrorist organisation; and
                   (c)     the person is reckless as to whether the organisation is a
                           terrorist organisation.
                   Penalty: Imprisonment for 15 years.
             (3)   Subsections (1) and (2) do not apply to the person's receipt of
10                 funds from the organisation if the person proves that he or she
                   received the funds solely for the purpose of the provision of:
                   (a)     legal representation for a person in proceedings relating
                           to this Division; or
                   (b)     assistance to the organisation for it to comply with a law
15                         of the Commonwealth or a State or Territory.
                   Note. A defendant bears a legal burden in relation to the matter in
                   subsection (3) (see section 13.4).

     102.7   Providing support to a terrorist organisation
             (1)   A person commits an offence if:
20                 (a)     the person intentionally provides to an organisation
                           support or resources that would help the organisation
                           engage in an activity described in paragraph (a) of the
                           definition of terrorist organisation in this Division; and
                   (b)     the organisation is a terrorist organisation; and
25                 (c)     the person knows the organisation is a terrorist
                           organisation.
                   Penalty: Imprisonment for 25 years.
             (2)   A person commits an offence if:
                   (a)     the person intentionally provides to an organisation
30                         support or resources that would help the organisation


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                             engage in an activity described in paragraph (a) of the
                             definition of terrorist organisation in this Division; and
                     (b)     the organisation is a terrorist organisation; and
                     (c)     the person is reckless as to whether the organisation is a
5                            terrorist organisation.
                     Penalty: Imprisonment for 15 years.
     Subdivision C         General provisions relating to offences
     102.9     Extended geographical jurisdiction for offences
                     Section 15.4 (extended geographical jurisdiction--category D)
10                   applies to an offence against this Division.
     102.10    Alternative verdicts
               (1)   This section applies if, in a prosecution for an offence (the
                     prosecuted offence) against a subsection of a section of this
                     Division, the trier of fact is not satisfied that the defendant is
15                   guilty of the offence, but is satisfied beyond reasonable doubt
                     that the defendant is guilty of an offence (the alternative
                     offence) against another subsection of that section.
               (2)   The trier of fact may find the defendant not guilty of the
                     prosecuted offence but guilty of the alternative offence, so long
20                   as the defendant has been accorded procedural fairness in
                     relation to that finding of guilt.
     Division 103          Financing terrorism
     103.1     Financing terrorism
               (1)   A person commits an offence if:
25                   (a)     the person provides or collects funds; and
                     (b)     the person is reckless as to whether the funds will be used
                             to facilitate or engage in a terrorist act.
                     Penalty: Imprisonment for life.
                     Note. Intention is the fault element for the conduct described in
30                   paragraph (1) (a). See subsection 5.6 (1).



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             (2)   A person commits an offence under subsection (1) even if the
                   terrorist act does not occur.
             (3)   Section 15.4 (extended geographical jurisdiction--category D)
                   applies to an offence against subsection (1).
5    Division 106 Transitional provisions
     106.1   Saving--regulations made for the purposes of the definition of
             terrorist organisation
             (1)   If:
                   (a)    regulations were made before commencement for the
10                        purposes of paragraph (c) of the definition of terrorist
                          organisation in subsection 102.1 (1), as in force before
                          commencement; and
                   (b)    the regulations were in force immediately before
                          commencement;
15                 the regulations have effect, after commencement, as if they had
                   been made for the purposes of paragraph (b) of the definition of
                   terrorist organisation in subsection 102.1 (1), as in force after
                   commencement.
             (2)   In this section, commencement means the commencement of
20                 this section.




 


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