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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Terrorism (Commonwealth Powers) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. 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 6
ENDNOTES 25
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PARLIAMENT OF VICTORIA
Initiated in Council 26 February 2003
A BILL
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 and for other purposes.
Terrorism (Commonwealth Powers) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to refer certain matters
relating to terrorist acts to the Parliament of the
Commonwealth for the purposes of
5 section 51(xxxvii) of the Constitution of the
Commonwealth.
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2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
5 In this Act--
"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
10 Commonwealth that replaces that Code;
"criminal responsibility legislation" means the
provisions of Chapter 2 of the
Commonwealth Criminal Code, as in force
from time to time;
15 "express amendment" of the terrorism
legislation or the criminal responsibility
legislation means the direct amendment of
the text of the legislation (whether by the
insertion, omission, repeal, substitution or
20 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
25 legislation;
"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
30 with matters that are included in the
legislative powers of the Parliament of the
State;
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"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
5 and as in force from time to time;
"terrorist act" has the same meaning it has in the
text set out in Schedule 1.
4. Reference of matters
(1) The following matters are referred to the
10 Parliament of the Commonwealth--
(a) the matters to which the referred provisions
relate, but only to the extent of the making of
laws with respect to those matters by
including the referred provisions in the
15 Commonwealth Criminal Code in the terms,
or substantially in the terms, of the text set
out in Schedule 1; and
(b) the matter of terrorist acts, and actions
relating to terrorist acts, but only to the
20 extent of the making of laws with respect to
that matter by making express amendments
of the terrorism legislation or the criminal
responsibility legislation.
(2) The reference of a matter under sub-section (1)
25 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 purposes of
30 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.
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(3) The operation of each paragraph of sub-section (1)
is not affected by the other paragraph.
(4) For the avoidance of doubt, it is the intention of
the Parliament of the State that--
5 (a) the terrorism legislation or the criminal
responsibility legislation may be expressly
amended, or have its operation otherwise
affected, at any time after the
commencement of this Act by provisions of
10 Commonwealth Acts the operation of which
is based on legislative powers that the
Parliament of the Commonwealth has apart
from under the references; and
(b) the terrorism legislation or the criminal
15 responsibility legislation may have its
operation affected, otherwise than by express
amendment, at any time after the
commencement of this Act by provisions of
instruments authorised by that legislation.
20 (5) Despite any other provision of this section, the
references have effect for a period--
(a) beginning on the day on which this Act
commences; and
(b) ending on the day fixed, pursuant to
25 section 5, as the day on which the references
under this Act are to terminate--
but no longer.
5. Termination of references
(1) The Governor in Council may, at any time, by
30 proclamation published in the Government
Gazette, fix a day as the day on which the
references under this Act are to terminate.
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(2) The day fixed under sub-section (1) must be no
earlier than the first day after the end of the period
of 3 months beginning with the day on which the
proclamation is published under that sub-section.
5 (3) The Governor in Council may, by proclamation
published in the Government Gazette, revoke a
proclamation published under sub-section (1), in
which case the revoked proclamation is taken (for
the purposes of section 4) never to have been
10 published.
(4) A revoking proclamation has effect only if
published before the day fixed under sub-
section (1).
(5) The revocation of a proclamation published under
15 sub-section (1) does not prevent publication of a
further proclamation under that sub-section.
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SCHEDULE 1--PART 5.3 OF COMMONWEALTH CRIMINAL
CODE
(Section 3)
Part 5.3--Terrorism
5 Division 100--Preliminary
100.1 Definitions
(1) In this Part:
Commonwealth place has the same meaning as in the
Commonwealth Places (Application of Laws) Act 1970.
10 constitutional corporation means a corporation to which
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
15 relocation of words or matter).
funds means:
(a) property and assets of every kind, whether tangible or
intangible, movable or immovable, however acquired;
and
20 (b) legal documents or instruments in any form, including
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,
25 drafts and letters of credit.
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
30 (c) is part of a larger organisation.
referring State has the meaning given by section 100.2.
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
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(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
5 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
10 (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
15 (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
(e) creates a serious risk to the health or safety of the
20 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
30 utility; or
(vi) a system used for, or by, a transport system.
(3) Action falls within this subsection if it:
(a) is advocacy, protest, dissent or industrial action; and
(b) is not intended:
35 (i) to cause serious harm that is physical harm to a
person; or
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(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
5 the 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
10 (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
15 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
20 under 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
25 provisions relate to the extent of making laws with respect
to those matters by including the referred provisions in this
Code.
(3) This subsection covers the matter of terrorist acts, and of
actions relating to terrorist acts, to the extent of making laws
30 with respect to that matter by making express amendment of
this Part or Chapter 2.
(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)
35 and (3) is to terminate in particular circumstances.
(5) A State ceases to be a referring State if a reference by the
State of either or both of the matters covered by subsections
(2) and (3) terminates.
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(6) In this section:
referred provisions means the provisions of Part 5.3 of this
Code as inserted by the Criminal Code Amendment
(Terrorism) Act 2003, to the extent to which they deal with
5 matters that are included in the legislative powers of the
Parliaments of the States.
100.3 Constitutional basis for the operation of this Part
Operation in a referring State
(1) The operation of this Part in a referring State is based on:
10 (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
15 relates 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
20 referring the matters to the Commonwealth
Parliament to the extent to which they are not
otherwise included in the legislative powers of the
Commonwealth Parliament.
Operation in a non-referring State
25 (2) The operation of this Part in a State that is not a referring
State is based on the legislative powers that the
Commonwealth Parliament has under section 51 of the
Constitution (other than paragraph 51(xxxvii)).
Note: Subsection 100.4(5) identifies particular powers that
30 are being relied on.
Operation in a Territory
(3) The operation of this Part in the Northern Territory, the
Australian Capital Territory or an external Territory is based
on:
35 (a) the legislative powers that the Commonwealth
Parliament has under section 122 of the Constitution
to make laws for the government of that Territory;
and
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(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
5 1901, this Part as applying in those Territories is a law of the
Commonwealth.
Operation outside Australia
(4) The operation of this Part outside Australia and the external
Territories is based on:
10 (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
15 (other than paragraph 51(xxxvii)).
100.4 Application of provisions
Part generally applies to all terrorist acts and preliminary acts
(1) Subject to subsection (4), this Part applies to the following
conduct:
20 (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);
(b) all actions (preliminary acts) that relate to terrorist
acts but do not themselves constitute terrorist acts (no
25 matter where the preliminary acts occur and no matter
where the terrorist acts to which they relate occur or
would occur).
Note: See the following provisions:
(a) subsection 101.1(2);
30 (b) subsection 101.2(4);
(c) subsection 101.4(4);
(d) subsection 101.5(4);
(e) subsection 101.6(3);
(f) section 102.9.
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Operation in relation to terrorist acts and preliminary acts
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 act and:
5 (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.
(3) Subsections (4) and (5) also apply to conduct if the conduct
10 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
occur, in a State that is not a referring State; or
15 (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
applies to the conduct only to the extent to which the
20 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
(b) if the conduct is a preliminary act--the action or
threat of action that constitutes the terrorist act to
25 which the preliminary act relates.
(5) Without limiting the generality of subsection (4), this Part
applies to the action or threat of action if:
(a) the action affects, or if carried out would affect, the
interests of:
30 (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
35 (ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
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(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
5 (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
10 (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,
15 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
20 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
25 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
30 (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
35 a referring State at that time.
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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 2003 commences, applies to this Part.
5 (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.
10 (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
15 (b) a similar act or omission;
an offence against the law of the State or Territory.
(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
20 the penalty provided for in this Part;
(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
25 differs from the defences applicable to the offence
under this Part.
(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
30 Territory; and
(b) the person has been punished for the offence under
the law of the State or Territory;
the person is not liable to be punished for the offence under
this Part.
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100.7 Regulations may modify operation of this Part to deal with
interaction between this Part and State and Territory laws
(1) The regulations may modify the operation of this Part so
that:
5 (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
provision of this Part and the operation of a State or
10 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:
(a) a person specified in the regulations; or
15 (b) a body specified in the regulations; or
(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:
20 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
25 (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:
30 (a) a majority of the group consisting of the States, the
Australian Capital Territory and the Northern
Territory; and
(b) at least 4 States.
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Division 101--Terrorism
101.1 Terrorist acts
(1) A person commits an offence if the person engages in a
terrorist act.
5 Penalty: Imprisonment for life.
(2) Section 15.4 (extended geographical jurisdiction--
category D) applies to an offence against subsection (1).
101.2 Providing or receiving training connected with terrorist acts
(1) A person commits an offence if:
10 (a) the person provides or receives training; and
(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
15 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
20 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).
25 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.
30 (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
35 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
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accorded procedural fairness in relation to that finding
of guilt.
101.4 Possessing things connected with terrorist acts
(1) A person commits an offence if:
5 (a) the person possesses a thing; and
(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
10 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
15 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).
20 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.
25 (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)).
30 (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
35 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 in relation to that finding of
guilt.
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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
5 (b) the document 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
connection described in paragraph (b).
10 Penalty: Imprisonment for 15 years.
(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
15 act; and
(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.
20 (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.
(5) Subsections (1) and (2) do not apply if the collection or
25 making of the document 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)).
30 (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
35 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 in relation to that finding of
guilt.
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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.
5 (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
10 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
15 organisation; 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
20 corporate.
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
25 doing of a terrorist act (whether or not the terrorist act
occurs); or
(b) an organisation that is specified by the regulations for
the purposes of this paragraph (see subsections (2),
(3) and (4)).
30 (2) Before the Governor-General makes a regulation specifying
an 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
35 decision relating wholly or partly to terrorism; and
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(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,
5 preparing, planning, assisting in or fostering the doing
of 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
10 have effect on the second anniversary of the day on which
they take effect. To avoid doubt, this subsection does not
prevent:
(a) the repeal of those regulations; or
(b) the cessation of effect of those regulations under
15 subsection (4); or
(c) the making of new regulations the same in substance
as those regulations (whether the new regulations are
made or take effect before or after those regulations
cease to have effect because of this subsection).
20 (4) A regulation specifying an organisation for the purposes of
paragraph (b) of the definition of terrorist organisation in
this section ceases to have effect when:
(a) the decision mentioned in paragraph (2)(a) ceases to
have effect; or
25 (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) To avoid doubt, subsection (4) does not prevent:
30 (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.
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(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
5 Council of the United Nations was made before or after
6 July 2002.
Subdivision B--Offences
102.2 Directing the activities of a terrorist organisation
(1) A person commits an offence if:
10 (a) the person intentionally directs the activities of an
organisation; and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist
organisation.
15 Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally directs the activities of an
organisation; and
(b) the organisation is a terrorist organisation; and
20 (c) the person is reckless as to whether the organisation is
a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.3 Membership of a terrorist organisation
(1) A person commits an offence if:
25 (a) the person intentionally is a member of an
organisation; and
(b) the organisation is a terrorist organisation because of
paragraph (b) of the definition of terrorist
organisation in this Division (whether or not the
30 organisation is a terrorist organisation because of
paragraph (a) of that definition also); and
(c) the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment for 10 years.
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(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
organisation as soon as practicable after the person knew
that the organisation was a terrorist organisation.
5 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
(1) A person commits an offence if:
(a) the person intentionally recruits a person to join, or
10 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
terrorist organisation.
Penalty: Imprisonment for 25 years.
15 (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
(b) the organisation is a terrorist organisation; and
(c) the first-mentioned person is reckless as to whether
20 the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.5 Training a terrorist organisation or receiving training from a
terrorist organisation
(1) A person commits an offence if:
25 (a) the person intentionally provides training to, or
intentionally receives training from, an organisation;
and
(b) the organisation is a terrorist organisation; and
(c) the person knows the organisation is a terrorist
30 organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally provides training to, or
intentionally receives training from, an organisation;
35 and
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(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.
5 102.6 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
10 (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:
15 (a) the person intentionally receives funds from, or makes
funds available to, an organisation (whether directly
or indirectly); and
(b) the organisation is a terrorist organisation; and
(c) the person is reckless as to whether the organisation is
20 a terrorist organisation.
Penalty: Imprisonment for 15 years.
(3) Subsections (1) and (2) do not apply to the person's receipt
of funds from the organisation if the person proves that he or
she received the funds solely for the purpose of the
25 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 of the Commonwealth or a State or Territory.
30 Note: A defendant bears a legal burden in relation to
the matter in subsection (3) (see section 13.4).
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102.7 Providing support to a terrorist organisation
(1) A person commits an offence if:
(a) the person intentionally provides to an organisation
support or resources that would help the organisation
5 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 knows the organisation is a terrorist
10 organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally provides to an organisation
support or resources that would help the organisation
15 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
20 a 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--
25 category D) 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
30 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
35 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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Division 103--Financing terrorism
103.1 Financing terrorism
(1) A person commits an offence if:
(a) the person provides or collects funds; and
5 (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).
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 106--Transitional provisions
106.1 Saving--regulations made for the purposes of the definition of
15 terrorist organisation
(1) If:
(a) regulations were made before commencement for the
purposes of paragraph (c) of the definition of terrorist
organisation in subsection 102.1(1), as in force
20 before commencement; and
(b) the regulations were in force immediately before
commencement;
the regulations have effect, after commencement, as if they
had been made for the purposes of paragraph (b) of the
25 definition of terrorist organisation in subsection 102.1(1),
as in force after commencement.
(2) In this section, commencement means the commencement
of this section.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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INDEX
Subject Clause
Act
purpose and commencement 12
Commonwealth Criminal Code (def.) 3
Sch 1
Commonwealth Criminal Code Part 5.3
application and operation Sch 1, 100.3100.6
definitions Sch 1, 100.1,
100.7, 102.1
express amendment of 3, 4, Sch 1, 100.1,
100.8
financing terrorism Sch 1, 103.1
regulations in relation to Sch 1, 100.7,
102.1, 106.1
terrorist acts Sch 1, 101.1101.6
terrorist organisations Sch 1, 102.1
102.10, 106.1
Sch 1, 100.1, 100.4
Commonwealth places
Sch 1, 100.1, 100.4
Constitutional corporations
Criminal responsibility legislation
definition 3
express amendment of 3, 4, Sch 1, 100.1,
100.8
3, Sch 1, 100.1,
Definitions
100.7, 102.1
Offences
financing terrorism Sch 1, 103.1
terrorist acts Sch 1, 101.1101.6
terrorist organisations Sch 1, 102.2
102.10
References
definition 3
matters referred 4
termination 5
3, 4, Sch 1
Referred provisions
Sch 1, 100.2, 100.3
Referring States
Regulations
modifying operation of Part 5.3 of Code Sch 1, 100.7
specifying terrorist organisations Sch 1, 102.1, 106.1
Terrorism legislation
definition 3
express amendments of 3, 4, Sch 1, 100.1,
100.8
Terrorist acts
application of Part 5.3 of Code Sch 1, 100.4
definition 3, Sch 1, 100.1
documents likely to facilitate Sch 1, 101.5
engaging in Sch 1, 101.1
financing of Sch 1, 103.1
possessing things connected with Sch 1, 101.4
preliminary acts Sch 1, 100.4
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Subject Clause
preparation, planning Sch 1, 101.6
reference to Commonwealth 4
training connected with Sch 1, 101.2
Terrorist organisations
alternative verdicts Sch 1, 102.10
definition Sch 1, 102.1
directing activities of Sch 1, 102.2
extended geographical jurisdiction for offences Sch 1, 102.9
getting funds to or from Sch 1, 102.6
membership Sch 1, 102.1, 102.3
providing support to Sch 1, 102.7
recruiting for Sch 1, 102.1, 102.4
regulations specifying Sch 1, 102.1, 106.1
training provided to, received from Sch 1, 102.5
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