Committing or Threatening to Commit a Terrorist Act
Committing or threatening to commit a terrorist act is an offence under section 101.1 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You engaged in or threatened an action
- The action was done or threatened with the intention of advancing a political, religious or ideological cause, and
- The action was done or threatened with the intention of:
- Coercing, or influencing by intimidation, the government of the Commonwealth or a state, territory or foreign country, or part thereof, or
- Intimidating the public or a section thereof
‘An action’ includes:
- Causing serious physical harm to a person
- Causing serious damage to property
- Causing death
- Endangering another’s life
- Creating a serious risk to the health or safety of the public or part thereof, or
- Seriously interfering with, seriously disrupting or destroying an electronic system.
An ‘electronic system’ includes:
- An information, telecommunications or financial system
- A system to deliver essential government services, and
- A system for or by an essential public utility or transport system.
‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:
- Cause death, serious physical harm or endanger another’s life, or
- Create a serious risk to the health or safety of the public or a part thereof.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity.
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