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Queensland
TERRORISM
(COMMONWEALTH
POWERS) BILL 2002
Queensland
TERRORISM (COMMONWEALTH
POWERS) BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Reference of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 5.3 OF COMMONWEALTH CRIMINAL CODE . . . . . . 7
PART 5.3 TERRORISM
Division 100--Preliminary
100.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
100.2 Referring States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
100.3 Constitutional basis for the operation of this part . . . . . . . . . . . . . . . . . . . . . 10
100.4 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
100.5 Application of Acts Interpretation Act 1901 . . . . . . . . . . . . . . . . . . . . . . . . . 14
100.6 Concurrent operation intended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
100.7 Regulations may modify operation of this part to deal with interaction
between this part and State and Territory laws . . . . . . . . . . . . . . . . . . . . . 15
100.8 Approval for changes to or affecting this part . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 101--Terrorism
101.1 Terrorist acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
101.2 Providing or receiving training connected with terrorist acts . . . . . . . . . . . . 16
101.4 Possessing things connected with terrorist acts. . . . . . . . . . . . . . . . . . . . . . . 17
101.5 Collecting or making documents likely to facilitate terrorist acts. . . . . . . . . 18
101.6 Other acts done in preparation for, or planning, terrorist acts. . . . . . . . . . . . 19
2
Terrorism (Commonwealth Powers) Bill 2002
Division 102--Terrorist organisations
Subdivision A--Definitions
102.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision B--Offences
102.2 Directing the activities of a terrorist organisation . . . . . . . . . . . . . . . . . . . . . 21
102.3 Membership of a terrorist organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
102.4 Recruiting for a terrorist organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
102.5 Training a terrorist organisation or receiving training from a terrorist
organisation ............................................ 22
102.6 Getting funds to or from a terrorist organisation. . . . . . . . . . . . . . . . . . . . . . 23
102.7 Providing support to a terrorist organisation . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision C--General provisions relating to offences
102.9 Extended geographical jurisdiction for offences. . . . . . . . . . . . . . . . . . . . . . 24
102.10 Alternative verdicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 103--Financing terrorism
103.1 Financing terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 106--Transitional provisions
106.1 Saving--regulations made for the purposes of the definition of `terrorist
organisation' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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.
s1 4 s3
Terrorism (Commonwealth Powers) Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title and purpose 2
(1) This Act may be cited as the Terrorism (Commonwealth Powers) 3
Act 2002. 4
(2) The purpose of this Act is to refer certain matters relating to terrorist 5
acts to the Parliament of the Commonwealth for the purposes of 6
section 51(xxxvii) of the Constitution of the Commonwealth. 7
2 Commencement 8
This Act commences on a day to be fixed by proclamation. 9
3 Definitions 10
In this Act-- 11
"Commonwealth Criminal Code" means the Criminal Code set out in the 12
Schedule to the Criminal Code Act 1995 of the Commonwealth, or a 13
law of the Commonwealth that replaces that Code. 14
"criminal responsibility legislation" means the provisions of Chapter 2 of 15
the Commonwealth Criminal Code, as in force from time to time. 16
"express amendment" of the terrorism legislation or the criminal 17
responsibility legislation means the direct amendment of the text of 18
the legislation (whether by the insertion, omission, repeal, substitution 19
or relocation of words or matter) by Commonwealth Acts, but does 20
not include the enactment by a Commonwealth Act of a provision that 21
has or will have substantive effect otherwise than as part of the text of 22
the legislation. 23
"references" means the references under section 4(1)(a) and (b). 24
"referred provisions" means the text set out in Schedule 1 to the extent to 25
which it deals with matters that are included in the legislative powers 26
of the Parliament of the State. 27
"terrorism legislation" means the provisions of Part 5.3 of the 28
Commonwealth Criminal Code enacted in the terms, or substantially 29
s4 5 s4
Terrorism (Commonwealth Powers) Bill 2002
in the terms, of the text set out in Schedule 1 and as in force from time 1
to time. 2
"terrorist act" has the same meaning it has in the text set out in 3
Schedule 1. 4
4 Reference of matters 5
(1) The following matters are referred to the Parliament of the 6
Commonwealth-- 7
(a) the matters to which the referred provisions relate, but only to the 8
extent of the making of laws with respect to those matters by 9
including the referred provisions in the Commonwealth Criminal 10
Code in the terms, or substantially in the terms, of the text set out 11
in Schedule 1; and 12
(b) the matter of terrorist acts, and actions relating to terrorist acts, 13
but only to the extent of the making of laws with respect to that 14
matter by making express amendments of the terrorism 15
legislation or the criminal responsibility legislation. 16
(2) The reference of a matter under subsection (1) has effect only-- 17
(a) if and to the extent that the matter is not included in the 18
legislative powers of the Parliament of the Commonwealth 19
(otherwise than by a reference for the purposes of 20
section 51(xxxvii) of the Constitution of the Commonwealth); 21
and 22
(b) if and to the extent that the matter is included in the legislative 23
powers of the Parliament of the State. 24
(3) The operation of each paragraph of subsection (1) is not affected by 25
the other paragraph. 26
(4) For the avoidance of doubt, it is the intention of the Parliament of the 27
State that-- 28
(a) the terrorism legislation or the criminal responsibility legislation 29
may be expressly amended, or have its operation otherwise 30
affected, at any time after the commencement of this Act by 31
provisions of Commonwealth Acts the operation of which is 32
based on legislative powers that the Parliament of the 33
Commonwealth has apart from under the references; and 34
s5 6 s5
Terrorism (Commonwealth Powers) Bill 2002
(b) the terrorism legislation or the criminal responsibility legislation 1
may have its operation affected, otherwise than by express 2
amendment, at any time after the commencement of this Act by 3
provisions of instruments authorised by that legislation. 4
(5) Despite any other provision of this section, the references have effect 5
for a period -- 6
(a) beginning on the day on which this section commences; and 7
(b) ending on the day fixed, under section 5, as the day on which the 8
references under this Act are to terminate. 9
but no longer. 10
5 Termination of references 11
(1) The Governor may, at any time, by proclamation, fix a day as the day 12
on which the references are to terminate. 13
(2) The day fixed under subsection (1) must be no earlier than the first 14
day after the end of the period of 3 months beginning with the day on 15
which the proclamation is published in the gazette. 16
(3) The Governor may, by proclamation, revoke a proclamation 17
published under subsection (1), in which case the revoked proclamation is 18
taken (for the purposes of section 4) never to have been published. 19
(4) A revoking proclamation has effect only if published before the day 20
fixed under subsection (1). 21
(5) The revocation of a proclamation published under subsection (1) 22
does not prevent publication of a further proclamation under that 23
subsection. 24
7
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 1
PART 5.3 OF COMMONWEALTH CRIMINAL CODE 2
section 3 3
PART 5.3 TERRORISM 4
Division 100--Preliminary 5
100.1 Definitions 6
(1) In this part-- 7
"Commonwealth place" has the same meaning as in the Commonwealth 8
Places (Application of Laws) Act 1970. 9
"constitutional corporation" means a corporation to which 10
paragraph 51 (xx) of the Constitution applies. 11
"express amendment" of the provisions of this part or chapter 2 means the 12
direct amendment of the provisions (whether by the insertion, 13
omission, repeal, substitution or relocation of words or matter). 14
"funds" means-- 15
(a) property and assets of every kind, whether tangible or intangible, 16
movable or immovable, however acquired; and 17
(b) legal documents or instruments in any form, including electronic 18
or digital, evidencing title to, or interest in, such property or 19
assets, including, but not limited to, bank credits, travellers 20
cheques, bank cheques, money orders, shares, securities, bonds, 21
debt instruments, drafts and letters of credit. 22
"organisation" means a body corporate or an unincorporated body 23
whether or not the body-- 24
(a) is based outside Australia; or 25
(b) consists of persons who are not Australian citizens; or 26
(c) is part of a larger organisation. 27
8
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
"referring State" has the meaning given by section 100.2. 1
"terrorist act" means an action or threat of action where-- 2
(a) the action falls within subsection (2) and does not fall within 3
subsection (3); and 4
(b) the action is done or the threat is made with the intention of 5
advancing a political, religious or ideological cause; and 6
(c) the action is done or the threat is made with the intention of-- 7
(i) coercing, or influencing by intimidation, the government of 8
the Commonwealth or a State, Territory or foreign country, 9
or of part of a State, Territory or foreign country; or 10
(ii) intimidating the public or a section of the public. 11
(2) Action falls within this subsection if it-- 12
(a) causes serious harm that is physical harm to a person; or 13
(b) causes serious damage to property; or 14
(c) causes a person's death; or 15
(d) endangers a person's life, other than the life of the person taking 16
the action; or 17
(e) creates a serious risk to the health or safety of the public or a 18
section of the public; or 19
(f) seriously interferes with, seriously disrupts, or destroys, an 20
electronic system including, but not limited to-- 21
(i) an information system; or 22
(ii) a telecommunications system; or 23
(iii) a financial system; or 24
(iv) a system used for the delivery of essential government 25
services; or 26
(v) a system used for, or by, an essential public utility; or 27
(vi) a system used for, or by, a transport system. 28
(3) Action falls within this subsection if it-- 29
(a) is advocacy, protest, dissent or industrial action; and 30
9
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(b) is not intended-- 1
(i) to cause serious harm that is physical harm to a person; or 2
(ii) to cause a person's death; or 3
(iii) to endanger the life of a person, other than the person taking 4
the action; or 5
(iv) to create a serious risk to the health or safety of the public or 6
a section of the public. 7
(4) In this division-- 8
(a) a reference to any person or property is a reference to any person 9
or property wherever situated, within or outside Australia; and 10
(b) a reference to the public includes a reference to the public of a 11
country other than Australia. 12
100.2 Referring States 13
(1) A State is a "referring State" if the Parliament of the State has 14
referred the matters covered by subsections (2) and (3) to the Parliament of 15
the Commonwealth for the purposes of paragraph 51 (xxxvii) of the 16
Constitution-- 17
(a) if and to the extent that the matters are not otherwise included in 18
the legislative powers of the Parliament of the Commonwealth 19
(otherwise than by a reference under paragraph 51 (xxxvii) of the 20
Constitution); and 21
(b) if and to the extent that the matters are included in the legislative 22
powers of the Parliament of the State. 23
This subsection has effect subject to subsection (5). 24
(2) This subsection covers the matters to which the referred provisions 25
relate to the extent of making laws with respect to those matters by 26
including the referred provisions in this Code. 27
(3) This subsection covers the matter of terrorist acts, and actions 28
relating to terrorist acts, to the extent of the making of laws with respect to 29
that matter by making express amendment of this part or of chapter 2. 30
(4) A State is a referring State even if a law of the State provides that the 31
reference to the Commonwealth Parliament of either or both of the matters 32
10
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
covered by subsections (2) and (3) is to terminate in particular 1
circumstances. 2
(5) A State ceases to be a referring State if a reference by the State of 3
either or both of the matters covered by subsections (2) and (3) terminates. 4
(6) In this section-- 5
"referred provisions" means the provisions of part 5.3 of this Code as 6
inserted by the Criminal Code Amendment (Terrorism) Act 2002, to 7
the extent to which they deal with matters that are included in the 8
legislative powers of the Parliaments of the States. 9
100.3 Constitutional basis for the operation of this part 10
(1) Operation in a referring State 11
The operation of this part in a referring State is based on-- 12
(a) the legislative powers that the Commonwealth Parliament has 13
under section 51 of the Constitution (other than 14
paragraph 51 (xxxvii)); and 15
(b) the legislative powers that the Commonwealth Parliament has in 16
respect of matters to which this part relates because those matters 17
are referred to it by the Parliament of the referring State under 18
paragraph 51(xxxvii) of the Constitution. 19
20
Note--The State reference fully supplements the Commonwealth Parliament's other
21
powers by referring the matters to the Commonwealth Parliament to the extent to which
22
they are not otherwise included in the legislative powers of the Commonwealth
23
Parliament.
(2) Operation in a non-referring State 24
The operation of this part in a State that is not a referring State is based 25
on the legislative powers that the Commonwealth Parliament has under 26
section 51 of the Constitution (other than paragraph 51(xxxvii)). 27
28
Note--Subsection 100.4(5) identifies particular powers that are being relied on.
(3) Operation in a Territory 29
The operation of this part in the Northern Territory, the Australian 30
Capital Territory or an external Territory is based on-- 31
11
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(a) the legislative powers that the Commonwealth Parliament has 1
under section 122 of the Constitution to make laws for the 2
government of that Territory; and 3
(b) the legislative powers that the Commonwealth Parliament has 4
under section 51 of the Constitution (other than 5
paragraph 51(xxxvii)). 6
Despite subsection 22 (3) of the Acts Interpretation Act 1901, this part as 7
applying in those Territories is a law of the Commonwealth. 8
(4) Operation outside Australia 9
The operation of this part outside Australia and the external Territories is 10
based on-- 11
(a) the legislative powers that the Commonwealth Parliament has 12
under paragraph 51(xxix) of the Constitution; and 13
(b) the other legislative powers that the Commonwealth Parliament 14
has under section 51 of the Constitution (other than 15
paragraph 51(xxxvii)). 16
100.4 Application of provisions 17
(1) Part generally applies to all terrorist acts and preliminary acts 18
Subject to subsection (4), this part applies to the following conduct-- 19
(a) all actions or threats of action that constitute terrorist acts (no 20
matter where the action occurs, the threat is made or the action, if 21
carried out, would occur); 22
(b) all actions ("preliminary acts") that relate to terrorist acts but do 23
not themselves constitute terrorist acts (no matter where the 24
preliminary acts occur and no matter where the terrorist acts to 25
which they relate occur or would occur). 26
27
Note--See the following provisions--
28
(a) subsection 101.1 (2);
29
(b) subsection 101.2 (4);
30
(c) subsection 101.4 (4);
31
(d) subsection 101.5 (4);
32
(e) subsection 101.6 (3);
33
(f) section 102.9.
12
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(2) Operation in relation to terrorist acts and preliminary acts 1
occurring in a State that is not a referring State 2
Subsections (4) and (5) apply to conduct if the conduct is itself a terrorist 3
act and-- 4
(a) the terrorist act consists of an action and the action occurs in a 5
State that is not a referring State; or 6
(b) the terrorist act consists of a threat of action and the threat is 7
made in a State that is not a referring State. 8
(3) Subsections (4) and (5) also apply to conduct if the conduct is a 9
preliminary act that occurs in a State that is not a referring State and-- 10
(a) the terrorist act to which the preliminary act relates consists of an 11
action and the action occurs, or would occur, in a State that is not 12
a referring State; or 13
(b) the terrorist act to which the preliminary act relates consists of a 14
threat of action and the threat is made, or would be made, in a 15
State that is not a referring State. 16
(4) Notwithstanding any other provision in this part, this part applies to 17
the conduct only to the extent to which the Parliament has power to 18
legislate in relation to-- 19
(a) if the conduct is itself a terrorist act--the action or threat of 20
action that constitutes the terrorist act; or 21
(b) if the conduct is a preliminary act--the action or threat of action 22
that constitutes the terrorist act to which the preliminary act 23
relates. 24
(5) Without limiting the generality of subsection (4), this part applies to 25
the action or threat of action if-- 26
(a) the action affects, or if carried out would affect, the interests of-- 27
(i) the Commonwealth; or 28
(ii) an authority of the Commonwealth; or 29
(iii) a constitutional corporation; or 30
(b) the threat is made to-- 31
(i) the Commonwealth; or 32
13
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(ii) an authority of the Commonwealth; or 1
(iii) a constitutional corporation; or 2
(c) the action is carried out by, or the threat is made by, a 3
constitutional corporation; or 4
(d) the action takes place, or if carried out would take place, in a 5
Commonwealth place; or 6
(e) the threat is made in a Commonwealth place; or 7
(f) the action involves, or if carried out would involve, the use of a 8
postal service or other like service; or 9
(g) the threat is made using a postal or other like service; or 10
(h) the action involves, or if carried out would involve, the use of an 11
electronic communication; or 12
(i) the threat is made using an electronic communication; or 13
(j) the action disrupts, or if carried out would disrupt, trade or 14
commerce-- 15
(i) between Australia and places outside Australia; or 16
(ii) among the States; or 17
(iii) within a Territory, between a State and a Territory or 18
between 2 Territories; or 19
(k) the action disrupts, or if carried out would disrupt-- 20
(i) banking (other than State banking not extending beyond the 21
limits of the State concerned); or 22
(ii) insurance (other than State insurance not extending beyond 23
the limits of the State concerned); or 24
(l) the action is, or if carried out would be, an action in relation to 25
which the Commonwealth is obliged to create an offence under 26
international law; or 27
(m) the threat is one in relation to which the Commonwealth is 28
obliged to create an offence under international law. 29
(6) To avoid doubt, subsections (2) and (3) apply to a State that is not a 30
referring State at a particular time even if no State is a referring State at that 31
time. 32
14
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
100.5 Application of Acts Interpretation Act 1901 1
(1) The Acts Interpretation Act 1901, as in force on the day on which 2
Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2002 3
commences, applies to this part. 4
(2) Amendments of the Acts Interpretation Act 1901 made after that day 5
do not apply to this part. 6
100.6 Concurrent operation intended 7
(1) This part is not intended to exclude or limit the concurrent operation 8
of any law of a State or Territory. 9
(2) Without limiting subsection (1), this part is not intended to exclude or 10
limit the concurrent operation of a law of a State or Territory that makes-- 11
(a) an act or omission that is an offence against a provision of this 12
part; or 13
(b) a similar act or omission; 14
an offence against the law of the State or Territory. 15
(3) Subsection (2) applies even if the law of the State or Territory does 16
any one or more of the following-- 17
(a) provides for a penalty for the offence that differs from the 18
penalty provided for in this part; 19
(b) provides for a fault element in relation to the offence that differs 20
from the fault elements applicable to the offence under this part; 21
(c) provides for a defence in relation to the offence that differs from 22
the defences applicable to the offence under this part. 23
(4) If-- 24
(a) an act or omission of a person is an offence under this part and is 25
also an offence under the law of a State or Territory; and 26
(b) the person has been punished for the offence under the law of the 27
State or Territory; 28
the person is not liable to be punished for the offence under this part. 29
15
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
100.7 Regulations may modify operation of this part to deal with 1
interaction between this part and State and Territory laws 2
(1) The regulations may modify the operation of this part so that-- 3
(a) provisions of this part do not apply to a matter that is dealt with 4
by a law of a State or Territory specified in the regulations; or 5
(b) no inconsistency arises between the operation of a provision of 6
this part and the operation of a State or Territory law specified in 7
the regulations. 8
(2) Without limiting subsection (1), regulations made for the purposes of 9
that subsection may provide that the provision of this part does not apply 10
to-- 11
(a) a person specified in the regulations; or 12
(b) a body specified in the regulations; or 13
(c) circumstances specified in the regulations; or 14
(d) a person or body specified in the regulations in the circumstances 15
specified in the regulations. 16
(3) In this section-- 17
"matter" includes act, omission, body, person or thing. 18
100.8 Approval for changes to or affecting this part 19
(1) This section applies to-- 20
(a) an express amendment of this part (including this section); and 21
(b) an express amendment of chapter 2 that applies only to this part 22
(whether or not it is expressed to apply only to this part). 23
(2) An express amendment to which this section applies is not to be 24
made unless the amendment is approved by-- 25
(a) a majority of the group consisting of the States, the Australian 26
Capital Territory and the Northern Territory; and 27
(b) at least 4 States. 28
16
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
Division 101--Terrorism 1
101.1 Terrorist acts 2
(1) A person commits an offence if the person engages in a terrorist act. 3
Penalty--Imprisonment for life. 4
(2) Section 15.4 (extended geographical jurisdiction--category D) 5
applies to an offence against subsection (1). 6
101.2 Providing or receiving training connected with terrorist acts 7
(1) A person commits an offence if-- 8
(a) the person provides or receives training; and 9
(b) the training is connected with preparation for, the engagement of 10
a person in, or assistance in a terrorist act; and 11
(c) the person mentioned in paragraph (a) knows of the connection 12
described in paragraph (b). 13
Penalty--Imprisonment for 25 years. 14
(2) A person commits an offence if-- 15
(a) the person provides or receives training; and 16
(b) the training is connected with preparation for, the engagement of 17
a person in, or assistance in a terrorist act; and 18
(c) the person mentioned in paragraph (a) is reckless as to the 19
existence of the connection described in paragraph (b). 20
Penalty--Imprisonment for 15 years. 21
(3) A person commits an offence under this section even if the terrorist 22
act does not occur. 23
(4) Section 15.4 (extended geographical jurisdiction--category D) 24
applies to an offence against this section. 25
(5) If, in a prosecution for an offence (the "prosecuted offence") against 26
a subsection of this section, the trier of fact is not satisfied that the 27
defendant is guilty of the offence, but is satisfied beyond reasonable doubt 28
that the defendant is guilty of an offence (the "alternative offence") 29
17
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
against another subsection of this section, the trier of fact may find the 1
defendant not guilty of the prosecuted offence but guilty of the alternative 2
offence, so long as the defendant has been accorded procedural fairness in 3
relation to that finding of guilt. 4
101.4 Possessing things connected with terrorist acts 5
(1) A person commits an offence if-- 6
(a) the person possesses a thing; and 7
(b) the thing is connected with preparation for, the engagement of a 8
person in, or assistance in a terrorist act; and 9
(c) the person mentioned in paragraph (a) knows of the connection 10
described in paragraph (b). 11
Penalty--Imprisonment for 15 years. 12
(2) A person commits an offence if-- 13
(a) the person possesses a thing; and 14
(b) the thing is connected with preparation for, the engagement of a 15
person in, or assistance in a terrorist act; and 16
(c) the person mentioned in paragraph (a) is reckless as to the 17
existence of the connection described in paragraph (b). 18
Penalty--Imprisonment for 10 years. 19
(3) A person commits an offence under subsection (1) or (2) even if the 20
terrorist act does not occur. 21
(4) Section 15.4 (extended geographical jurisdiction--category D) 22
applies to an offence against this section. 23
(5) Subsections (1) and (2) do not apply if the possession of the thing 24
was not intended to facilitate preparation for, the engagement of a person 25
in, or assistance in a terrorist act. 26
27
Note--A defendant bears an evidential burden in relation to the matter in subsection (5)
28
(see subsection 13.3 (3)).
(6) If, in a prosecution for an offence (the "prosecuted offence") against 29
a subsection of this section, the trier of fact is not satisfied that the 30
defendant is guilty of the offence, but is satisfied beyond reasonable doubt 31
that the defendant is guilty of an offence (the "alternative offence") 32
18
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
against another subsection of this section, the trier of fact may find the 1
defendant not guilty of the prosecuted offence but guilty of the alternative 2
offence, so long as the defendant has been accorded procedural fairness in 3
relation to that finding of guilt. 4
101.5 Collecting or making documents likely to facilitate terrorist acts 5
(1) A person commits an offence if-- 6
(a) the person collects or makes a document; and 7
(b) the document is connected with preparation for, the engagement 8
of a person in, or assistance in a terrorist act; and 9
(c) the person mentioned in paragraph (a) knows of the connection 10
described in paragraph (b). 11
Penalty--Imprisonment for 15 years. 12
(2) A person commits an offence if-- 13
(a) the person collects or makes a document; and 14
(b) the document is connected with preparation for, the engagement 15
of a person in, or assistance in a terrorist act; and 16
(c) the person mentioned in paragraph (a) is reckless as to the 17
existence of the connection described in paragraph (b). 18
Penalty--Imprisonment for 10 years. 19
(3) A person commits an offence under subsection (1) or (2) even if the 20
terrorist act does not occur. 21
(4) Section 15.4 (extended geographical jurisdiction--category D) 22
applies to an offence against this section. 23
(5) Subsections (1) and (2) do not apply if the collection or making of 24
the document was not intended to facilitate preparation for, the engagement 25
of a person in, or assistance in a terrorist act. 26
27
Note--A defendant bears an evidential burden in relation to the matter in subsection (5)
28
(see subsection 13.3 (3)).
(6) If, in a prosecution for an offence (the "prosecuted offence") against 29
a subsection of this section, the trier of fact is not satisfied that the 30
defendant is guilty of the offence, but is satisfied beyond reasonable doubt 31
that the defendant is guilty of an offence (the "alternative offence") 32
19
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
against another subsection of this section, the trier of fact may find the 1
defendant not guilty of the prosecuted offence but guilty of the alternative 2
offence, so long as the defendant has been accorded procedural fairness in 3
relation to that finding of guilt. 4
101.6 Other acts done in preparation for, or planning, terrorist acts 5
(1) A person commits an offence if the person does any act in 6
preparation for, or planning, a terrorist act. 7
Penalty--Imprisonment for life. 8
(2) A person commits an offence under subsection (1) even if the 9
terrorist act does not occur. 10
(3) Section 15.4 (extended geographical jurisdiction--category D) 11
applies to an offence against subsection (1). 12
Division 102--Terrorist organisations 13
Subdivision A--Definitions 14
102.1 Definitions 15
(1) In this division-- 16
"member" of an organisation includes-- 17
(a) a person who is an informal member of the organisation; and 18
(b) a person who has taken steps to become a member of the 19
organisation; and 20
(c) in the case of an organisation that is a body corporate--a director 21
or an officer of the body corporate. 22
"recruit" includes induce, incite and encourage. 23
"terrorist organisation" means-- 24
(a) an organisation that is directly or indirectly engaged in, 25
preparing, planning, assisting in or fostering the doing of a 26
terrorist act (whether or not the terrorist act occurs); or 27
20
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(b) an organisation that is specified by the regulations for the 1
purposes of this paragraph (see subsections (2), (3) and (4)). 2
(2) Before the Governor-General makes a regulation specifying an 3
organisation for the purposes of paragraph (b) of the definition of `terrorist 4
organisation' in this section, the Minister must be satisfied on reasonable 5
grounds that-- 6
(a) the Security Council of the United Nations has made a decision 7
relating wholly or partly to terrorism; and 8
(b) the organisation is identified in the decision, or using a 9
mechanism established under the decision, as an organisation to 10
which the decision relates; and 11
(c) the organisation is directly or indirectly engaged in, preparing, 12
planning, assisting in or fostering the doing of a terrorist act 13
(whether or not the terrorist act has occurred or will occur). 14
(3) Regulations for the purposes of paragraph (b) of the definition of 15
`terrorist organisation' in this section cease to have effect on the second 16
anniversary of the day on which they take effect. To avoid doubt, this 17
subsection does not prevent-- 18
(a) the repeal of those regulations; or 19
(b) the cessation of effect of those regulations under subsection (4); 20
or 21
(c) the making of new regulations the same in substance as those 22
regulations (whether the new regulations are made or take effect 23
before or after those regulations cease to have effect because of 24
this subsection). 25
(4) A regulation specifying an organisation for the purposes of 26
paragraph (b) of the definition of `terrorist organisation' in this section 27
ceases to have effect when-- 28
(a) the decision mentioned in paragraph (2)(a) ceases to have effect; 29
or 30
(b) the organisation ceases to be identified as described in 31
paragraph (2)(b). 32
The regulation does not revive even if the organisation is again identified 33
as described in paragraph (2)(b). 34
21
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(5) To avoid doubt, subsection (4) does not prevent-- 1
(a) the repeal of a regulation; or 2
(b) the making of a regulation that is the same in substance as a 3
regulation that has ceased to have effect because of that 4
subsection. 5
(6) For the purpose of making regulations specifying an organisation for 6
the purposes of paragraph (b) of the definition of `terrorist organisation' in 7
this section, it does not matter whether the relevant decision of the Security 8
Council of the United Nations was made before or after 6 July 2002. 9
Subdivision B--Offences 10
102.2 Directing the activities of a terrorist organisation 11
(1) A person commits an offence if-- 12
(a) the person intentionally directs the activities of an organisation; 13
and 14
(b) the organisation is a terrorist organisation; and 15
(c) the person knows the organisation is a terrorist organisation. 16
Penalty--Imprisonment for 25 years. 17
(2) A person commits an offence if-- 18
(a) the person intentionally directs the activities of an organisation; 19
and 20
(b) the organisation is a terrorist organisation; and 21
(c) the person is reckless as to whether the organisation is a terrorist 22
organisation. 23
Penalty--Imprisonment for 15 years. 24
102.3 Membership of a terrorist organisation 25
(1) A person commits an offence if-- 26
(a) the person intentionally is a member of an organisation; and 27
22
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(b) the organisation is a terrorist organisation because of 1
paragraph (b) of the definition of `terrorist organisation' in this 2
division (whether or not the organisation is a terrorist 3
organisation because of paragraph (a) of that definition also); and 4
(c) the person knows the organisation is a terrorist organisation. 5
Penalty--Imprisonment for 10 years. 6
(2) Subsection (1) does not apply if the person proves that he or she took 7
all reasonable steps to cease to be a member of the organisation as soon as 8
practicable after the person knew that the organisation was a terrorist 9
organisation. 10
11
Note--A defendant bears a legal burden in relation to the matter in subsection (2) (see
12
section 13.4).
102.4 Recruiting for a terrorist organisation 13
(1) A person commits an offence if-- 14
(a) the person intentionally recruits a person to join, or participate in 15
the activities of, an organisation; and 16
(b) the organisation is a terrorist organisation; and 17
(c) the first-mentioned person knows the organisation is a terrorist 18
organisation. 19
Penalty--Imprisonment for 25 years. 20
(2) A person commits an offence if-- 21
(a) the person intentionally recruits a person to join, or participate in 22
the activities of, an organisation; and 23
(b) the organisation is a terrorist organisation; and 24
(c) the first-mentioned person is reckless as to whether the 25
organisation is a terrorist organisation. 26
Penalty--Imprisonment for 15 years. 27
102.5 Training a terrorist organisation or receiving training from a 28
terrorist organisation 29
(1) A person commits an offence if-- 30
23
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(a) the person intentionally provides training to, or intentionally 1
receives training from, an organisation; and 2
(b) the organisation is a terrorist organisation; and 3
(c) the person knows the organisation is a terrorist organisation. 4
Penalty--Imprisonment for 25 years. 5
(2) A person commits an offence if-- 6
(a) the person intentionally provides training to, or intentionally 7
receives training from, an organisation; and 8
(b) the organisation is a terrorist organisation; and 9
(c) the person is reckless as to whether the organisation is a terrorist 10
organisation. 11
Penalty--Imprisonment for 15 years. 12
102.6 Getting funds to or from a terrorist organisation 13
(1) A person commits an offence if-- 14
(a) the person intentionally receives funds from, or makes funds 15
available to, an organisation (whether directly or indirectly); and 16
(b) the organisation is a terrorist organisation; and 17
(c) the person knows the organisation is a terrorist organisation. 18
Penalty--Imprisonment for 25 years. 19
(2) A person commits an offence if-- 20
(a) the person intentionally receives funds from, or makes funds 21
available to, an organisation (whether directly or indirectly); and 22
(b) the organisation is a terrorist organisation; and 23
(c) the person is reckless as to whether the organisation is a terrorist 24
organisation. 25
Penalty--Imprisonment for 15 years. 26
(3) Subsections (1) and (2) do not apply to the person's receipt of funds 27
from the organisation if the person proves that he or she received the funds 28
solely for the purpose of the provision of-- 29
24
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(a) legal representation for a person in proceedings relating to this 1
division; or 2
(b) assistance to the organisation for it to comply with a law of the 3
Commonwealth or a State or Territory. 4
5
Note--A defendant bears a legal burden in relation to the matter in subsection (3) (see
6
section 13.4).
102.7 Providing support to a terrorist organisation 7
(1) A person commits an offence if-- 8
(a) the person intentionally provides to an organisation support or 9
resources that would help the organisation engage in an activity 10
described in paragraph (a) of the definition of `terrorist 11
organisation' in this division; and 12
(b) the organisation is a terrorist organisation; and 13
(c) the person knows the organisation is a terrorist organisation. 14
Penalty--Imprisonment for 25 years. 15
(2) A person commits an offence if-- 16
(a) the person intentionally provides to an organisation support or 17
resources that would help the organisation engage in an activity 18
described in paragraph (a) of the definition of `terrorist 19
organisation' in this division; and 20
(b) the organisation is a terrorist organisation; and 21
(c) the person is reckless as to whether the organisation is a terrorist 22
organisation. 23
Penalty--Imprisonment for 15 years. 24
Subdivision C--General provisions relating to offences 25
102.9 Extended geographical jurisdiction for offences 26
Section 15.4 (extended geographical jurisdiction--category D) applies 27
to an offence against this division. 28
25
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
102.10 Alternative verdicts 1
(1) This section applies if, in a prosecution for an offence 2
(the "prosecuted offence") against a subsection of a section of this 3
division, the trier of fact is not satisfied that the defendant is guilty of the 4
offence, but is satisfied beyond reasonable doubt that the defendant is 5
guilty of an offence (the "alternative offence") against another subsection 6
of that section. 7
(2) The trier of fact may find the defendant not guilty of the prosecuted 8
offence but guilty of the alternative offence, so long as the defendant has 9
been accorded procedural fairness in relation to that finding of guilt. 10
Division 103--Financing terrorism 11
103.1 Financing terrorism 12
(1) A person commits an offence if-- 13
(a) the person provides or collects funds; and 14
(b) the person is reckless as to whether the funds will be used to 15
facilitate or engage in a terrorist act. 16
Penalty--Imprisonment for life. 17
18
Note--Intention is the fault element for the conduct described in paragraph (1)(a). See
19
subsection 5.6 (1).
(2) A person commits an offence under subsection (1) even if the 20
terrorist act does not occur. 21
(3) Section 15.4 (extended geographical jurisdiction--category D) 22
applies to an offence against subsection (1). 23
Division 106--Transitional provisions 24
106.1 Saving--regulations made for the purposes of the definition of 25
`terrorist organisation' 26
(1) If-- 27
26
Terrorism (Commonwealth Powers) Bill 2002
SCHEDULE 1 (continued)
(a) regulations were made before commencement for the purposes of 1
paragraph (c) of the definition of `terrorist organisation' in 2
subsection 102.1(1), as in force before commencement; and 3
(b) the regulations were in force immediately before 4
commencement; 5
the regulations have effect, after commencement, as if they had been made 6
for the purposes of paragraph (b) of the definition of `terrorist organisation' 7
in subsection 102.1(1), as in force after commencement. 8
(2) In this section, "commencement" means the commencement of this 9
section.
© State of Queensland 2002
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