Document ID: chunk:federal_register_of_legislation:C2004A00979:clause:1_2:p2
Version: federal_register_of_legislation:C2004A00979
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/3)
Character Range: 7398–10002

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.

 (3) 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.

100.2  Constitutional basis for offences

 (1) This Part applies to a terrorist act constituted by an action, or threat of action, in relation to which the Parliament has power to legislate.

 (2) Without limiting the generality of subsection (1), this Part applies to a terrorist act constituted by an action, or threat of action, if:
 (a) the action affects, or if carried out would affect, the interests of:
 (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
 (ii) an authority of the Commonwealth; or
 (iii) a constitutional corporation; or
 (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
 (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
 (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, 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 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 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
 (m) the threat is one in relation to which the Commonwealth is obliged to create an offence under international law; or
 (n) the action takes place, or if carried out