Section 101.6 Criminal Code Act | Planning or Preparing Terrorist Acts

Print

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

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Planning or Preparing Terrorist Acts matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881.

The Legislation

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.