Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_3:p1
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/3)
Character Range: 15423–18160

3  The Schedule (at the end of Chapter 5 of the Criminal Code)
Add:

Part 5.3—Terrorism

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.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

funds means:
 (a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and
 (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, drafts and letters of credit.

organisation means:
 (a) a body corporate; or
 (b) an unincorporated body;
whether or not the body is based outside Australia, consists of persons who are not Australian citizens, or is part of a larger organisation.

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