Section 101.6 Criminal Code Act | Planning or Preparing Terrorist Acts


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The Legislation

Section 101.6 of the Criminal Code Act 1995 (Cth) is Planning or Preparing Terrorist Acts and is extracted below.

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101.6  Other acts done in preparation for, or planning, terrorist acts

(1)  A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.

Penalty:  Imprisonment for life.

(2)  A person commits an offence under subsection (1) even if:

(a)  a terrorist act does not occur; or

(b)  the person’s act is not done in preparation for, or planning, a specific terrorist act; or

(c)  the person’s act is done in preparation for, or planning, more than one terrorist act.

(3)  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

A ‘Terrorist Act’ is defined as follows:

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:

(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

(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.