Commonwealth Numbered Acts

CRIMINAL CODE AMENDMENT (SUPPRESSION OF TERRORIST BOMBINGS) ACT 2002 NO. 58, 2002 - SCHEDULE 1

Criminal Code Act 1995

1 The Schedule (at the end of Chapter 4 of the Criminal Code )

Division 72—International terrorist activities using explosive or lethal devices 72.1 Purpose

The purpose of this Division is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997.

Note: The text of the Convention is available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world-wide web site.

72.2 ADF members not liable for prosecution

Nothing in this Division makes a member of the Australian Defence Force acting in connection with the defence or security of Australia liable to be prosecuted for an offence.

(1) A person commits an offence if:

(a)

the person intentionally delivers, places, discharges or detonates a device; and

(b)

the device is an explosive or other lethal device and the person is reckless as to that fact; and

(c)

the device is delivered, placed, discharged, or detonated, to, in, into or against:

(i)

a place of public use; or

(ii)

a government facility; or

(iii)

a public transportation system; or

(iv)

an infrastructure facility; and

(d)

the person intends to cause death or serious harm.

Penalty: Imprisonment for life.

(2) A person commits an offence if:

(a)

the person intentionally delivers, places, discharges or detonates a device; and

(b)

the device is an explosive or other lethal device and the person is reckless as to that fact; and

(c)

the device is delivered, placed, discharged, or detonated, to, in, into or against:

(i)

a place of public use; or

(ii)

a government facility; or

(iii)

a public transportation system; or

(iv)

an infrastructure facility; and

(d)

the person intends to cause extensive destruction to the place, facility or system; and

(e)

the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

Penalty: Imprisonment for life.

(3) Strict liability applies to paragraphs (1)(c) and (2)(c).

(1) A person commits an offence under this Division only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2)):

(a)

the conduct constituting the alleged offence occurs:

(i)

wholly or partly in Australia; or

(ii)

wholly or partly on board an Australian ship or an Australian aircraft;

(b)

at the time of the alleged offence, the person is an Australian citizen;

(c)

at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia;

(d)

the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of Article 6 of the Convention and the person is in Australia;

(e)

the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;

(f)

the alleged offence is committed against:

(i)

an Australian citizen; or

(ii)

a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;

(g)

by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

(2) The circumstances relating to the alleged offence are exclusively internal if:

(a)

the conduct constituting the alleged offence occurs wholly within Australia; and

(b)

the alleged offender is an Australian citizen; and

(c)

all of the persons against whom the offence is committed are Australian citizens or bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

(d)

the alleged offender is in Australia; and

(e)

no other State Party to the Convention has a basis under paragraph 1 or 2 of Article 6 of the Convention for exercising jurisdiction in relation to the conduct.

This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Division in respect of that conduct.

(1) Proceedings for an offence under this Division must not be commenced without the Attorney-General's written consent.
(2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.
(3) In determining whether to bring proceedings for an offence under this Division, the Attorney-General must have regard to the terms of the Convention, including paragraph 2 of Article 19.
(4) In determining whether to bring proceedings for an offence under this Division, the Attorney-General must also have regard to:

(a)

whether the conduct constituting the offence also gives rise to an offence under a law of a State or Territory; and

(b)

whether a prosecution relating to the conduct under the State or Territory law has been or will be commenced.

(1) The Minister administering the Charter of the United Nations Act 1945  may issue a certificate stating any of the following matters:

(a)

that the Convention entered into force for Australia on a specified day;

(b)

that the Convention remains in force for Australia or any other State Party on a specified day;

(c)

a matter relevant to the establishment of jurisdiction by a State Party under paragraph 1 or 2 of Article 6 of the Convention.

(2) The Minister administering the Australian Citizenship Act 1948  may issue a certificate stating that:

(a)

a person is or was an Australian citizen at a particular time; or

(b)

a person is or was a stateless person whose habitual residence is or was in Australia at a particular time.

(3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

For the purposes of section 38 of the Judiciary Act 1903 , a matter arising under this Division, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

In this Division: