Document ID: chunk:federal_register_of_legislation:C2004A00976:clause:1_1:p1
Version: federal_register_of_legislation:C2004A00976
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/3)
Character Range: 3130–5954

1  The Schedule (at the end of Chapter 4 of the Criminal Code)
Add:

Division 72—International terrorist activities using explosive or lethal devices

72.1  Purpose

  The purpose of this Division is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997.

Note: The text of the Convention is available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world‑wide web site.

72.2  ADF members not liable for prosecution

  Nothing in this Division makes a member of the Australian Defence Force acting in connection with the defence or security of Australia liable to be prosecuted for an offence.

72.3  Offences

 (1) A person commits an offence if:
 (a) the person intentionally delivers, places, discharges or detonates a device; and
 (b) the device is an explosive or other lethal device and the person is reckless as to that fact; and
 (c) the device is delivered, placed, discharged, or detonated, to, in, into or against:
 (i) a place of public use; or
 (ii) a government facility; or
 (iii) a public transportation system; or
 (iv) an infrastructure facility; and
 (d) the person intends to cause death or serious harm.

Penalty: Imprisonment for life.

 (2) A person commits an offence if:
 (a) the person intentionally delivers, places, discharges or detonates a device; and
 (b) the device is an explosive or other lethal device and the person is reckless as to that fact; and
 (c) the device is delivered, placed, discharged, or detonated, to, in, into or against:
 (i) a place of public use; or
 (ii) a government facility; or
 (iii) a public transportation system; or
 (iv) an infrastructure facility; and
 (d) the person intends to cause extensive destruction to the place, facility or system; and
 (e) the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

Penalty: Imprisonment for life.

 (3) Strict liability applies to paragraphs (1)(c) and (2)(c).

72.4  Jurisdictional requirement

 (1) A person commits an offence under this Division only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2)):
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian ship or an Australian aircraft;
 (b) at the time of the alleged offence, the person is an Australian citizen;
 (c) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia;
 (d) the