"terrorist act" means an action or threat of action where:

(a)

the action falls within subsection (2) and does not fall within subsection (2A); and

(b)

the action is done or the threat is made with the intention 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 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:

(a)

causes serious harm that is physical harm to a person; or

(b)

causes serious damage to property; or

(ba)

causes a person's death; or

(c)

endangers a person's life, other than the life of the person taking the action; or

(d)

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

(e)

seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i)

an information system; or

(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; or

(vi)

a system used for, or by, a transport system.

(2A)

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 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.

(3)

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

(b)

a reference to the public includes a reference to the public of a country other than Australia.

100.2 Constitutional basis for offences

(1)

This Part applies to a terrorist act constituted by an action, or threat of action, in relation to which the Parliament has power to legislate.

(2)

Without limiting the generality of subsection (1), this Part applies to a terrorist act constituted by an 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

(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

(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

(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

(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

(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 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 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; or

(n)

the action takes place, or if carried out would take place, outside Australia; or

(o)

the threat is made outside Australia.

3 The Schedule (at the end of Part 5.3 of the Criminal Code)

Add:

Division 103—Financing terrorism
103.1 Financing terrorism

(1)

A person commits an offence if:

(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 paragraph (1)(a). See subsection 5.6(1).

(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).