Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 4/16)
Character Range: 343355–345899

intimidating the public or a section of the public.

Elements of the definition of terrorist act
 (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
 (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 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
 (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.
 (3) 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.

Definition of detained in custody etc.
 (3A) A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.
 (3B) A person is detained in custody in a prison if the person is detained in custody in a gaol, lock‑up or remand centre, including under a continuing detention order or interim detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock‑up or remand centre.
 (3C) A person is detained in non‑prison custody if the person is detained in custody, but is not detained in custody in a prison.
Note: An example of a person who is detained in non‑prison custody is a person who is in immigration detention (whether in a gaol, lock‑up, remand centre or otherwise).

References to person, property or 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
 (b) a reference to the public includes a reference to the public of a country other than Australia.
Note: A court that is sentencing a person who has been convicted of an offence against this Part, the maximum penalty for which is 7 or more years of