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3,4
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Definition of 'terrorist act'
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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
(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 either
- 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
-
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
(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:
- to cause
serious harm that is physical harm to a person; or
- to cause a
person’s death; or
- to endanger
the life of a person, other than the person taking the action; or
- to create a
serious risk to the health or safety of the public or a section of the
public.
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terrorist act means an action where:
(a) the action falls within
subsection (2) and does not fall within subsection (3) or subsection (3A);
and
(b) the action is done with
the intention of:
- 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
- intimidating the public or a
section of the public.
(2) Action falls within this subsection if it:
(a) causes a person’s death;
or
(b) endangers a person’s
life, other than the person taking the action; or
(c) causes serious harm that
is physical harm to a person; or
(d) involves taking a person
hostage; or
(e) creates a serious risk to
the health or safety of the public or a section of the public.
(3) Action falls within this subsection if it:
(a) is advocacy, protest,
dissent or industrial action; and (b) is not intended:
- to cause serious harm that is
physical harm to a person; or
-
to cause a person’s death; or
- to endanger the life of a
person, other than the person taking the action; or
- to involve taking a person
hostage.
(3A) Action falls within this
subsection if it takes place in the context of, and is associated with, an
armed conflict (whether or not an international armed conflict).
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6, 8
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Proscription of an organisation
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Minister must be satisfied on reasonable grounds
that an organisation is directly or indirectly engaged in, preparing,
planning, assisting in or fostering the doing of a terrorist act (even where
such an act has not occurred or will not occur), or are advocating the doing
of such an act. Must brief Leader of the Opposition on proposed regulation.
'Sunset' clause limiting the listing of an organisation by regulation to no
more than 2 years, but can be subsequently re-listed. Listed organisation or
individual may make application to be de-listed, and that the Minister must
consider the application. The Minister may take any matter into consideration
when considering the application to be de-listed.
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Minister must ensure the organisation is notified,
if it is practical to do so, of proposed listing and the right to oppose it.
Minister must also publish a notice that the regulation has been made and the
consequences of the listing for the members of the organisation. The Minster
must also be satisfied on reasonable grounds that the organisation is
directly or indirectly engaged in preparing, planning, assisting in the doing
of a terrorist act or advocates the doing of a terrorist act. The decision to
list would be reviewable by the Administrative Appeals Tribunal. Minister
required to seek advice and take into account recommendations of an Advisory
Committee in making listing decision. Advisory Committee empowered to
publicise its role, engage in public consultations or do anything else it
considers necessary in carrying out its function. Committee would consist of
at least 5 members appointed by the Minister, holding office on a part-time
basis for a specified period of no more than 3 years.
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2–7
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Powers of detention
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The maximum period of detention of a person
detained in relation to a terrorism offence may be extended, by a Magistrate,
Justice of the Peace, of Federal Court Judge, for any 'reasonable time'
during which questioning is 'reasonably suspended or delayed'. The extension
period is uncapped by the legislation.
Detainees are not specifically required to be
informed of their rights.
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The maximum period of detention may be extended
for specific purposes already listed in the legislation, and only by a
Federal Court Judge. The person must also be informed of their rights at all
material times.
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3 (ASIO)
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1–4
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Detention and questioning
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Minister may only authorise request for warrant to
detain and question a person previously the subject of a similar warrant when
satisfied that new or materially different information is at hand to justify
new warrant.
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Would require that second offence be committed,
after release from first detention period, before new warrant could be
authorised by Minister or issued by authority. Questioning of the person
under the second warrant must not relate to the offence about which the first
warrant was sought.
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