Terrorism laws
Terrorist Act offences
Offences under the Criminal Code Act 1995
Australia’s offences concerning terrorist acts and organisations are located in Part 5.3 of the Criminal Code Act 1995 (the Criminal Code). Central to these offences is the definition of terrorist act.
'Terrorist Act'
A ‘terrorist act’ is defined under section 100.1 of the Criminal Code as an act done or a threat made with the intention of advancing a political, religious or ideological cause; and the act 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.
Under section 100.1(2) action is a ‘terrorist act’ if it causes serious harm that is physical harm to a person, or causes serious damage to property, or causes a person’s death or endangers a person’s life, other than the life of the person taking the action, or creates a serious risk to the health or safety of the public or a section of the public or seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to an information system, or a telecommunications system, or a financial system, or a system used for the delivery of essential government services, or a system used for, or by an essential public utility, or a system used for, or by, a transport system.
Under section 100.1(2) an act is not a terrorist act where that act is advocacy, protest, dissent or industrial action and is not intended to cause serious physical harm to a person or cause a person’s death or endanger the life of a person, other than the person taking the action, or to create a serious risk to the health or safety of the public or a section of the public.
A person may commit a terrorist act whether as an individual or a member of a terrorist organisation.
Sections 101.1 to 101.6 of the Criminal Code create offences in relation to terrorist acts. It is an offence to commit a terrorist act and conduct associated with a terrorist act such as providing or receiving training connected with terrorist acts; possessing things connected with terrorist acts; collecting or making documents likely to facilitate terrorist acts and other acts done in preparation for, or planning, terrorist acts. Under sections 103.1 and 103.2 of the Criminal Code it is an offence for a person to provide or collect funds to be used to facilitate or engage in a terrorist act.
Terrorist Bombing
Section 72.3 of the Criminal Code makes it an offence to place bombs or other lethal devices in prescribed places with the intention of causing death or serious harm or causing extensive destruction which would cause major economic loss.
Role of the AFP
The AFP has specific responsibility to investigate and prevent crime including terrorism.