{"id":"terrorism-commonwealth-powers-act-2003","name":"Terrorism (Commonwealth Powers) Act 2003","slug":"terrorism-commonwealth-powers-act-2003","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178625,"registerId":"vic-terrorism-commonwealth-powers-act-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terrorism (Commonwealth Powers) Act 2003","content":"Version No. 003\n\n**Terrorism (Commonwealth Powers) Act 2003**\n\n**No. 14 of 2003**\n\nVersion as at  \n18 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Reference of matters 2\n\n5 Termination of references 4\n\n__________________\n\nSCHEDULE 1—Part 5.3 of Commonwealth Criminal Code 5\n\nPart 5.3—Terrorism 5\n\nDivision 100—Preliminary 5\n\n100.1 Definitions 5\n\n100.2 Referring States 8\n\n100.3 Constitutional basis for the operation of this Part 9\n\n100.4 Application of provisions 11\n\n100.5 Application of **Acts Interpretation Act 1901** 14\n\n100.6 Concurrent operation intended 14\n\n100.7 Regulations may modify operation of this Part to deal  \nwith interaction between this Part and State and Territory laws 15\n\n100.8 Approval for changes to or affecting this Part 16\n\nDivision 101—Terrorism 16\n\n101.1 Terrorist acts 16\n\n101.2 Providing or receiving training connected with terrorist  \nacts 17\n\n101.4 Possessing things connected with terrorist acts 18\n\n101.5 Collecting or making documents likely to facilitate  \nterrorist acts 19\n\n101.6 Other acts done in preparation for, or planning, terrorist  \nacts 20\n\nDivision 102—Terrorist organisations 21\n\nSubdivision A—Definitions 21\n\n102.1 Definitions 21\n\nSubdivision B—Offences 23\n\n102.2 Directing the activities of a terrorist organisation 23\n\n102.3 Membership of a terrorist organisation 24\n\n102.4 Recruiting for a terrorist organisation 24\n\n102.5 Training a terrorist organisation or receiving training  \nfrom a terrorist organisation 25\n\n102.6 Getting funds to or from a terrorist organisation 26\n\n102.7 Providing support to a terrorist organisation 27\n\nSubdivision C—General provisions relating to offences 28\n\n102.9 Extended geographical jurisdiction for offences 28\n\n102.10 Alternative verdicts 28\n\nDivision 103—Financing terrorism 28\n\n103.1 Financing terrorism 28\n\nDivision 106—Transitional provisions 29\n\n106.1 Saving—regulations made for the purposes of the  \ndefinition of *terrorist organisation* 29\n\nENDNOTES 30\n\n1. General Information 30\n\n2. Table of Amendments 31\n\n3. Explanatory Details 32\n\n**Version No.** **003**\n\n**Terrorism (Commonwealth Powers) Act 2003**\n\n**No. 14 of 2003**\n\nVersion as at  \n18 October 2012\n\n**The Parliament of Victoria enacts as follows:**\n\n\t1 Purpose\n\nThe purpose of this Act is to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.\n\n\t2 Commencement\n\nThis Act comes into operation on the day after the day on which it receives the Royal Assent.\n\n\t3 Definitions\n\nIn this Act—\n\n***Commonwealth Criminal Code*** means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\n\n***criminal responsibility legislation*** means the provisions of Chapter 2 of the Commonwealth Criminal Code, as in force from time to time;\n\n***express amendment*** of the terrorism legislation or the criminal responsibility legislation means the direct amendment of the text of the legislation (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by Commonwealth Acts, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the legislation;\n\n***references*** means the references under section 4(1)(a) and (b);\n\n***referred provisions*** means the text set out in Schedule 1 to the extent to which it deals with matters that are included in the legislative powers of the Parliament of the State;\n\ns. 4\n\n***terrorism legislation*** means the provisions of Part 5.3 of the Commonwealth Criminal Code enacted in the terms, or substantially in the terms, of the text set out in Schedule 1 and as in force from time to time;\n\n***terrorist act*** has the same meaning it has in the text set out in Schedule 1.\n\n\t4 Reference of matters\n\n(1) The following matters are referred to the Parliament of the Commonwealth—\n\n(a) the matters to which the referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the referred provisions in the Commonwealth Criminal Code in the terms, or substantially in the terms, of the text set out in Schedule 1; and\n\n(b) the matter of terrorist acts, and actions relating to terrorist acts, but only to the extent of the making of laws with respect to that matter by making express amendments of the terrorism legislation or the criminal responsibility legislation.\n\n(2) The reference of a matter under subsection (1) has effect only—\n\n(a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth); and\n\n(b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n\n(3) The operation of each paragraph of subsection (1) is not affected by the other paragraph.\n\n(4) For the avoidance of doubt, it is the intention of the Parliament of the State that—\n\n(a) the terrorism legislation or the criminal responsibility legislation may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references; and\n\ns. 4\n\n(b) the terrorism legislation or the criminal responsibility legislation may have its operation affected, otherwise than by express amendment, at any time after the commencement of this Act by provisions of instruments authorised by that legislation.\n\n(5) Despite any other provision of this section, the references have effect for a period—\n\n(a) beginning on the day on which this Act commences; and\n\n(b) ending on the day fixed, pursuant to section 5, as the day on which the references under this Act are to terminate—\n\nbut no longer.\n\n\t5 Termination of references\n\ns. 5\n\n(1) The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which the references under this Act are to terminate.\n\n(2) The day fixed under subsection (1) must be no earlier than the first day after the end of the period of 3 months beginning with the day on which the proclamation is published under that subsection.\n\n(3) The Governor in Council may, by proclamation published in the Government Gazette, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published.\n\n(4) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(5) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\n__________________\n\nSCHEDULE 1—Part 5.3 of Commonwealth Criminal Code\n\n(Section 3)\n\nPart 5.3—Terrorism\n\nDivision 100—Preliminary\n\n\t100.1 Definitions\n\nSch. 1\n\n(1) In this Part:\n\n***Commonwealth place*** has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.\n\n***constitutional corporation*** means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n***express amendment*** of the provisions of this Part or Chapter 2 means the direct amendment of the provisions (whether by the insertion, omission, repeal, substitution or relocation of words or matter).\n\n***funds*** means:\n\n(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and\n\n(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.\n\n***organisation*** means a body corporate or an unincorporated body, whether or not the body:\n\n(a) is based outside Australia; or\n\n(b) consists of persons who are not Australian citizens; or\n\n(c) is part of a larger organisation.\n\n***referring State*** has the meaning given by section 100.2.\n\n***terrorist act*** means an action or threat of action where:\n\n(a) the action falls within subsection (2) and does not fall within subsection (3); and\n\n(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and\n\n(c) the action is done or the threat is made with the intention of:\n\n(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\n\n(ii) intimidating the public or a section of the public.\n\n(2) Action falls within this subsection if it:\n\nSch. 1\n\n(a) causes serious harm that is physical harm to a person; or\n\n(b) causes serious damage to property; or\n\n(c) causes a person's death; or\n\n(d) endangers a person's life, other than the life of the person taking the action; or\n\nSch. 1\n\n(e) creates a serious risk to the health or safety of the public or a section of the public; or\n\n(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:\n\n(i) an information system; or\n\n(ii) a telecommunications system; or\n\n(iii) a financial system; or\n\n(iv) a system used for the delivery of essential government services; or\n\n(v) a system used for, or by, an essential public utility; or\n\n(vi) a system used for, or by, a transport system.\n\n(3) Action falls within this subsection if it:\n\nSch. 1\n\n(a) is advocacy, protest, dissent or industrial action; and\n\n(b) is not intended:\n\n(i) to cause serious harm that is physical harm to a person; or\n\n(ii) to cause a person's death; or\n\n(iii) to endanger the life of a person, other than the person taking the action; or\n\n(iv) to create a serious risk to the health or safety of the public or a section of the public.\n\n(4) In this Division:\n\n(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and\n\n(b) a reference to the public includes a reference to the public of a country other than Australia.\n\nSch. 1\n\n\t100.2 Referring States\n\n(1) A State is a ***referring State*** if the Parliament of the State has referred the matters covered by subsections (2) and (3) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:\n\n(a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and\n\n(b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.\n\nThis subsection has effect subject to subsection (5).\n\n(2) This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by including the referred provisions in this Code.\n\n(3) This subsection covers the matter of terrorist acts, and of actions relating to terrorist acts, to the extent of making laws with respect to that matter by making express amendment of this Part or Chapter 2.\n\n(4) A State is a ***referring State*** even if a law of the State provides that the reference to the Commonwealth Parliament of either or both of the matters covered by subsections (2) and (3) is to terminate in particular circumstances.\n\n(5) A State ceases to be a referring State if a reference by the State of either or both of the matters covered by subsections (2) and (3) terminates.\n\n(6) In this section:\n\n***referred provisions*** means the provisions of Part 5.3 of this Code as inserted by the *Criminal Code Amendment (Terrorism) Act 2003*, to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.\n\nSch. 1\n\n\t100.3 Constitutional basis for the operation of this Part\n\n*Operation in a referring State*\n\n(1) The operation of this Part in a referring State is based on:\n\n(a) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)); and\n\n(b) the legislative powers that the Commonwealth Parliament has in respect of matters to which this Part relates because those matters are referred to it by the Parliament of the referring State under paragraph 51(xxxvii) of the Constitution.\n\n**Note**\n\nThe State reference fully supplements the Commonwealth Parliament's other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.\n\n*Operation in a non-referring State*\n\n(2) The operation of this Part in a State that is not a referring State is based on the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).\n\n**Note**\n\nSubsection 100.4(5) identifies particular powers that are being relied on.\n\n*Operation in a Territory*\n\n(3) The operation of this Part in the Northern Territory, the Australian Capital Territory or an external Territory is based on:\n\n(a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of that Territory; and\n\nSch. 1\n\n(b) the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).\n\nDespite subsection 22(3) of the *Acts Interpretation Act 1901*, this Part as applying in those Territories is a law of the Commonwealth.\n\n*Operation outside Australia*\n\n(4) The operation of this Part outside Australia and the external Territories is based on:\n\n(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and\n\n(b) the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).\n\n\t100.4 Application of provisions\n\nSch. 1\n\nPart generally applies to all terrorist acts and preliminary acts\n\n(1) Subject to subsection (4), this Part applies to the following conduct:\n\n(a) all actions or threats of action that constitute terrorist acts (no matter where the action occurs, the threat is made or the action, if carried out, would occur);\n\n(b) all actions (***preliminary acts***) that relate to terrorist acts but do not themselves constitute terrorist acts (no matter where the preliminary acts occur and no matter where the terrorist acts to which they relate occur or would occur).\n\n**Note**\n\nSee the following provisions:\n\n(a) subsection 101.1(2);\n\n(b) subsection 101.2(4);\n\n(c) subsection 101.4(4);\n\n(d) subsection 101.5(4);\n\n(e) subsection 101.6(3);\n\n(f) section 102.9.\n\n*Operation in relation to terrorist acts and preliminary acts occurring in a State that is not a referring State*\n\n(2) Subsections (4) and (5) apply to conduct if the conduct is itself a terrorist act and:\n\n(a) the terrorist act consists of an action and the action occurs in a State that is not a referring State; or\n\n(b) the terrorist act consists of a threat of action and the threat is made in a State that is not a referring State.\n\n(3) Subsections (4) and (5) also apply to conduct if the conduct is a preliminary act that occurs in a State that is not a referring State and:\n\nSch. 1\n\n(a) the terrorist act to which the preliminary act relates consists of an action and the action occurs, or would occur, in a State that is not a referring State; or\n\n(b) the terrorist act to which the preliminary act relates consists of a threat of action and the threat is made, or would be made, in a State that is not a referring State.\n\n(4) Notwithstanding any other provision in this Part, this Part applies to the conduct only to the extent to which the Parliament has power to legislate in relation to:\n\n(a) if the conduct is itself a terrorist act—the action or threat of action that constitutes the terrorist act; or\n\n(b) if the conduct is a preliminary act—the action or threat of action that constitutes the terrorist act to which the preliminary act relates.\n\n(5) Without limiting the generality of subsection (4), this Part applies to the action or threat of action if:\n\n(a) the action affects, or if carried out would affect, the interests of:\n\n(i) the Commonwealth; or\n\n(ii) an authority of the Commonwealth; or\n\n(iii) a constitutional corporation; or\n\n(b) the threat is made to:\n\n(i) the Commonwealth; or\n\n(ii) an authority of the Commonwealth; or\n\n(iii) a constitutional corporation; or\n\n(c) the action is carried out by, or the threat is made by, a constitutional corporation; or\n\n(d) the action takes place, or if carried out would take place, in a Commonwealth place; or\n\n(e) the threat is made in a Commonwealth place; or\n\n(f) the action involves, or if carried out would involve, the use of a postal service or other like service; or\n\n(g) the threat is made using a postal or other like service; or\n\n(h) the action involves, or if carried out would involve, the use of an electronic communication; or\n\nSch. 1\n\n(i) the threat is made using an electronic communication; or\n\n(j) the action disrupts, or if carried out would disrupt, trade or commerce:\n\n(i) between Australia and places outside Australia; or\n\n(ii) among the States; or\n\n(iii) within a Territory, between a State and a Territory or between 2 Territories; or\n\n(k) the action disrupts, or if carried out would disrupt:\n\n(i) banking (other than State banking not extending beyond the limits of the State concerned); or\n\n(ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or\n\n(l) the action is, or if carried out would be, an action in relation to which the Commonwealth is obliged to create an offence under international law; or\n\n(m) the threat is one in relation to which the Commonwealth is obliged to create an offence under international law.\n\n(6) To avoid doubt, subsections (2) and (3) apply to a State that is not a referring State at a particular time even if no State is a referring State at that time.\n\n\t100.5 Application of Acts Interpretation Act 1901\n\n(1) The *Acts Interpretation Act 1901*, as in force on the day on which Schedule 1 to the *Criminal Code Amendment (Terrorism) Act 2003* commences, applies to this Part.\n\n(2) Amendments of the *Acts Interpretation Act 1901* made after that day do not apply to this Part.\n\nSch. 1\n\n\t100.6 Concurrent operation intended\n\n(1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.\n\n(2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:\n\n(a) an act or omission that is an offence against a provision of this Part; or\n\n(b) a similar act or omission;\n\nan offence against the law of the State or Territory.\n\n(3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:\n\n(a) provides for a penalty for the offence that differs from the penalty provided for in this Part;\n\n(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;\n\n(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.\n\n(4) If:\n\n(a) an act or omission of a person is an offence under this Part and is also an offence under the law of a State or Territory; and\n\n(b) the person has been punished for the offence under the law of the State or Territory;\n\nthe person is not liable to be punished for the offence under this Part.\n\n\t100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws\n\nSch. 1\n\n(1) The regulations may modify the operation of this Part so that:\n\n(a) provisions of this Part do not apply to a matter that is dealt with by a law of a State or Territory specified in the regulations; or\n\n(b) no inconsistency arises between the operation of a provision of this Part and the operation of a State or Territory law specified in the regulations.\n\n(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that the provision of this Part does not apply to:\n\nSch. 1\n\n(a) a person specified in the regulations; or\n\n(b) a body specified in the regulations; or\n\n(c) circumstances specified in the regulations; or\n\n(d) a person or body specified in the regulations in the circumstances specified in the regulations.\n\n(3) In this section:\n\n***matter*** includes act, omission, body, person or thing.\n\n\t100.8 Approval for changes to or affecting this Part\n\n(1) This section applies to:\n\n(a) an express amendment of this Part (including this section); and\n\n(b) an express amendment of Chapter 2 that applies only to this Part (whether or not it is expressed to apply only to this Part).\n\n(2) An express amendment to which this section applies is not to be made unless the amendment is approved by:\n\n(a) a majority of the group consisting of the States, the Australian Capital Territory and the Northern Territory; and\n\n(b) at least 4 States.\n\nDivision 101—Terrorism\n\n\t101.1 Terrorist acts\n\n(1) A person commits an offence if the person engages in a terrorist act.\n\n1. Imprisonment for life.\n\n\n(2) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).\n\nSch. 1\n\n\t101.2 Providing or receiving training connected with terrorist acts\n\n(1) A person commits an offence if:\n\n(a) the person provides or receives training; and\n\n(b) the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) knows of the connection described in paragraph (b).\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person provides or receives training; and\n\n(b) the training is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).\n\n1. Imprisonment for 15 years.\n\n\n(3) A person commits an offence under this section even if the terrorist act does not occur.\n\n(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.\n\n(5) If, in a prosecution for an offence (the ***prosecuted offence***) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the ***alternative offence***) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.\n\n\t101.4 Possessing things connected with terrorist acts\n\n(1) A person commits an offence if:\n\n(a) the person possesses a thing; and\n\n(b) the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) knows of the connection described in paragraph (b).\n\n1. Imprisonment for 15 years.\n\n\nSch. 1\n\n(2) A person commits an offence if:\n\n(a) the person possesses a thing; and\n\n(b) the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).\n\n1. Imprisonment for 10 years.\n\n\n(3) A person commits an offence under subsection (1) or (2) even if the terrorist act does not occur.\n\n(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.\n\n(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.\n\n**Note**\n\nA defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).\n\n(6) If, in a prosecution for an offence (the ***prosecuted offence***) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the ***alternative offence***) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.\n\n\t101.5 Collecting or making documents likely to facilitate terrorist acts\n\n(1) A person commits an offence if:\n\n(a) the person collects or makes a document; and\n\n(b) the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) knows of the connection described in paragraph (b).\n\n1. Imprisonment for 15 years.\n\n\nSch. 1\n\n(2) A person commits an offence if:\n\n(a) the person collects or makes a document; and\n\n(b) the document is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and\n\n(c) the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).\n\nSch. 1\n\n1. Imprisonment for 10 years.\n\n\n(3) A person commits an offence under subsection (1) or (2) even if the terrorist act does not occur.\n\n(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.\n\n(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.\n\n**Note**\n\nA defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).\n\n(6) If, in a prosecution for an offence (the ***prosecuted offence***) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the ***alternative offence***) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.\n\n\t101.6 Other acts done in preparation for, or planning, terrorist acts\n\n(1) A person commits an offence if the person does any act in preparation for, or planning, a terrorist act.\n\n1. Imprisonment for life.\n\n\n(2) A person commits an offence under subsection (1) even if the terrorist act does not occur.\n\n(3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).\n\nSch. 1\n\nDivision 102—Terrorist organisations\n\nSubdivision A—Definitions\n\n\t102.1 Definitions\n\n(1) In this Division:\n\n***member*** of an organisation includes:\n\n(a) a person who is an informal member of the organisation; and\n\n(b) a person who has taken steps to become a member of the organisation; and\n\n(c) in the case of an organisation that is a body corporate—a director or an officer of the body corporate.\n\n***recruit*** includes induce, incite and encourage.\n\n***terrorist organisation*** means:\n\n(a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act occurs); or\n\n(b) an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).\n\n(2) Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of ***terrorist organisation*** in this section, the Minister must be satisfied on reasonable grounds that:\n\n(a) the Security Council of the United Nations has made a decision relating wholly or partly to terrorism; and\n\n(b) the organisation is identified in the decision, or using a mechanism established under the decision, as an organisation to which the decision relates; and\n\n(c) the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).\n\nSch. 1\n\n(3) Regulations for the purposes of paragraph (b) of the definition of ***terrorist organisation*** in this section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:\n\n(a) the repeal of those regulations; or\n\n(b) the cessation of effect of those regulations under subsection (4); or\n\n(c) the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).\n\n(4) A regulation specifying an organisation for the purposes of paragraph (b) of the definition of ***terrorist organisation*** in this section ceases to have effect when:\n\n(a) the decision mentioned in paragraph (2)(a) ceases to have effect; or\n\n(b) the organisation ceases to be identified as described in paragraph (2)(b).\n\nThe regulation does not revive even if the organisation is again identified as described in paragraph (2)(b).\n\n(5) To avoid doubt, subsection (4) does not prevent:\n\n(a) the repeal of a regulation; or\n\n(b) the making of a regulation that is the same in substance as a regulation that has ceased to have effect because of that subsection.\n\n(6) For the purpose of making regulations specifying an organisation for the purposes of paragraph (b) of the definition of ***terrorist organisation*** in this section, it does not matter whether the relevant decision of the Security Council of the United Nations was made before or after 6 July 2002.\n\nSch. 1\n\nSubdivision B—Offences\n\n\t102.2 Directing the activities of a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally directs the activities of an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person knows the organisation is a terrorist organisation.\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person intentionally directs the activities of an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person is reckless as to whether the organisation is a terrorist organisation.\n\n1. Imprisonment for 15 years.\n\n\n\t102.3 Membership of a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally is a member of an organisation; and\n\n(b) the organisation is a terrorist organisation because of paragraph (b) of the definition of ***terrorist organisation*** in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also); and\n\n(c) the person knows the organisation is a terrorist organisation.\n\n1. Imprisonment for 10 years.\n\n\n(2) Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.\n\n**Note**\n\nA defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).\n\nSch. 1\n\n\t102.4 Recruiting for a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the first-mentioned person knows the organisation is a terrorist organisation.\n\nSch. 1\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person intentionally recruits a person to join, or participate in the activities of, an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the first-mentioned person is reckless as to whether the organisation is a terrorist organisation.\n\n1. Imprisonment for 15 years.\n\n\n\t102.5 Training a terrorist organisation or receiving training from a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally provides training to, or intentionally receives training from, an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person knows the organisation is a terrorist organisation.\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person intentionally provides training to, or intentionally receives training from, an organisation; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person is reckless as to whether the organisation is a terrorist organisation.\n\n1. Imprisonment for 15 years.\n\n\nSch. 1\n\n\t102.6 Getting funds to or from a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally receives funds from, or makes funds available to, an organisation (whether directly or indirectly); and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person knows the organisation is a terrorist organisation.\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person intentionally receives funds from, or makes funds available to, an organisation (whether directly or indirectly); and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person is reckless as to whether the organisation is a terrorist organisation.\n\n1. Imprisonment for 15 years.\n\n\n(3) Subsections (1) and (2) do not apply to the person's receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:\n\n(a) legal representation for a person in proceedings relating to this Division; or\n\n(b) assistance to the organisation for it to comply with a law of the Commonwealth or a State or Territory.\n\n**Note**\n\nA defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).\n\n\t102.7 Providing support to a terrorist organisation\n\n(1) A person commits an offence if:\n\n(a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of ***terrorist organisation*** in this Division; and\n\n(b) the organisation is a terrorist organisation; and\n\nSch. 1\n\n(c) the person knows the organisation is a terrorist organisation.\n\n1. Imprisonment for 25 years.\n\n\n(2) A person commits an offence if:\n\n(a) the person intentionally provides to an organisation support or resources that would help the organisation engage in an activity described in paragraph (a) of the definition of ***terrorist organisation*** in this Division; and\n\n(b) the organisation is a terrorist organisation; and\n\n(c) the person is reckless as to whether the organisation is a terrorist organisation.\n\n1. Imprisonment for 15 years.\n\n\nSubdivision C—General provisions relating to offences\n\n\t102.9 Extended geographical jurisdiction for offences\n\nSection 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.\n\n\t102.10 Alternative verdicts\n\n(1) This section applies if, in a prosecution for an offence (the ***prosecuted offence***) against a subsection of a section of this Division, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the ***alternative offence***) against another subsection of that section.\n\n(2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.\n\nDivision 103—Financing terrorism\n\n\t103.1 Financing terrorism\n\n(1) A person commits an offence if:\n\n(a) the person provides or collects funds; and\n\n(b) the person is reckless as to whether the funds will be used to facilitate or engage in a terrorist act.\n\n1. Imprisonment for life.\n\n\n**Note**\n\nIntention is the fault element for the conduct described in paragraph (1)(a). See subsection 5.6(1).\n\nSch. 1\n\n(2) A person commits an offence under subsection (1) even if the terrorist act does not occur.\n\n(3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).\n\nDivision 106—Transitional provisions\n\nSch. 1\n\n\t106.1 Saving—regulations made for the purposes of the definition of *terrorist organisation*\n\n(1) If:\n\n(a) regulations were made before commencement for the purposes of paragraph (c) of the definition of ***terrorist organisation*** in subsection 102.1(1), as in force before commencement; and\n\n(b) the regulations were in force immediately before commencement;\n\nthe regulations have effect, after commencement, as if they had been made for the purposes of paragraph (b) of the definition of ***terrorist organisation*** in subsection 102.1(1), as in force after commencement.\n\n(2) In this section, ***commencement*** means the commencement of this section.\n\n\n\nENDNOTES\n\n1. General Information\n\n\nEndnotes\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 27 February 2003*\n\n*Legislative Council: 25 March 2003*\n\nThe long title for the Bill for this Act was \"to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth and for other purposes.\"\n\nThe **Terrorism (Commonwealth Powers) Act 2003** was assented to on 6 May 2003 and came into operation on 7 May 2003: section 2.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThere are no amendments made to the **Terrorism (Commonwealth Powers) Act 2003** by Acts and subordinate instruments.\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of referring terrorism-related matters to the Commonwealth Parliament. The scope has not expanded beyond the initial referral mechanism and the incorporation of Part 5.3 of the Commonwealth Criminal Code. No amendments have been made to the Act since its commencement (as noted in the Endnotes), indicating the scope has remained stable."},"complexity_factors":["Constitutional cross-referencing: Heavy reliance on section 51(xxxvii) of the Constitution and interaction with Commonwealth legislative powers","Dual-layer structure: The Act operates both as a referral mechanism (sections 1-5) and incorporates by reference the full text of Commonwealth terrorism offences (Schedule 1)","Conditional operation: Multiple provisions (e.g., sections 4(2), 100.2, 100.4) contain 'if and to the extent' limitations and depend on whether a State is a 'referring State'","Geographical jurisdiction complexity: Section 100.4 creates a complex matrix of when laws apply based on whether conduct occurs in referring vs non-referring States, Commonwealth places, or overseas","Sunset/termination mechanics: Section 5 creates a revocable termination mechanism with 3-month notice periods","Approval requirements: Section 100.8 requires majority State/Territory approval plus 4 States for amendments","Interaction with State laws: Sections 100.6 and 100.7 deal with concurrent operation and potential conflicts with State/Territory laws","Defined terms: 7 defined terms in the main Act plus extensive definitions in Schedule 1 including complex definitions of 'terrorist act' (100.1) with nested subsections and exceptions (subsection 3 excludes advocacy/protest)","Fault elements: Multiple offences have alternative verdicts based on knowledge vs recklessness (e.g., sections 101.2, 102.2, 102.4)","Evidential vs legal burdens: Mixed burden of proof provisions (e.g., section 101.4(5) places evidential burden on defendant, section 102.3(2) places legal burden)"],"plain_english_summary":"This is a Victorian law that hands over (or 'refers') certain powers to the Australian Federal Parliament so it can make national terrorism laws. \n\n**What it does:**\n- **Refers matters to the Commonwealth**: Under Australia's Constitution, the Federal Parliament has limited powers. Section 51(xxxvii) allows States to 'refer' (hand over) their law-making powers on specific topics to the Federal Parliament. This Act does exactly that for terrorism-related matters.\n- **Enables national terrorism offences**: By making this referral, Victoria allows the Federal Parliament to create and enforce national terrorism laws (found in Part 5.3 of the Commonwealth Criminal Code) that apply uniformly across Australia.\n- **Sets up a cooperative scheme**: The Act includes the actual text of the Commonwealth terrorism laws in Schedule 1, covering:\n  - **Terrorist acts** (carrying out, training for, possessing things for, or planning attacks)\n  - **Terrorist organisations** (being a member, recruiting, funding, or supporting groups listed as terrorist organisations)\n  - **Financing terrorism** (providing money for terrorist acts)\n- **Includes safeguards**: The referral can be terminated by the Victorian Government with 3 months' notice. Also, any changes to the referred laws need approval from a majority of States/Territories and at least 4 States.\n\n**Who it affects:**\n- Primarily law enforcement and prosecutors who can now use national laws instead of inconsistent State laws.\n- Anyone in Victoria (and Australia) subject to federal terrorism offences.\n- The Federal Parliament, which gains the constitutional power to legislate in this area.\n\n**Why it matters:**\nBefore this Act, terrorism was primarily a State responsibility, leading to inconsistent laws across borders. This referral allows a unified national approach to counter-terrorism, ensuring that someone can't avoid prosecution by crossing State lines. It was part of a nationwide agreement where all States and Territories made similar referrals after the 9/11 attacks and the Bali bombings to strengthen Australia's security framework."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act continues to perform its original core function: a State referral of matters relating to terrorist acts to the Commonwealth under the Constitution (s.1 and s.4). The text inserted at Schedule 1 provides the substantive terrorism offences the Commonwealth is invited to adopt and clarifies geographic application, concurrent operation with State laws, and termination mechanics. While the Act adds governance controls (e.g. a requirement for multistate approval for express amendments to the Part (Schedule 1, s.100.8), and regulation mechanics for listing organisations (s.102.1)), those are procedural or protective mechanisms rather than an expansion beyond the Act's original purpose of referring terrorism matters to the Commonwealth. Consequently, the scope remains aligned with its original intent — to enable Commonwealth legislative power over terrorism matters — rather than having grown materially beyond that purpose."},"complexity_factors":["Referral mechanism plus inserted model Commonwealth offence Part (Schedule 1) — two layers (State Act referring and detailed Commonwealth text to be adopted).","Multiple defined terms in Schedule 1 (e.g. 'terrorist act', 'organisation', 'funds', 'member', 'referring State') creating interpretive dependencies (Schedule 1, s.100.1, s.102.1).","Extensive cross-references to other Commonwealth provisions and statutes (Criminal Code Act 1995, Chapter 2 criminal responsibility provisions, s.15.4 extended jurisdiction, Acts Interpretation Act 1901, Constitution ss.51 and 122).","Conditional application depending on whether a State is a 'referring State' and separate rules for referring vs non-referring States, Territories and extraterritorial operation (Schedule 1, ss.100.2–100.4).","Nested exceptions and burdens: evidential and legal burdens on defendants for specific defences, and alternative verdict provisions (e.g. Schedule 1, ss.101.4(5), 101.5(5), 102.3(2), 102.6(3), 102.10).","Regulation-making powers that can modify operation to avoid inconsistency with State laws, and specific processes for listing organisations with expiry mechanics (Schedule 1, ss.100.7, 102.1(2)–(4)).","High-penalty offences with variable fault elements (knowledge, recklessness, intention) and a mix of life imprisonment and fixed maximum terms across offences (Schedule 1, Divs 101–103).","Termination and revocation mechanics for the reference requiring proclamations, revocations and minimum notice periods (s.5).","Intergovernmental approval safeguard for future express amendments affecting this Part (Schedule 1, s.100.8).","Transitional saving and interaction provisions that preserve prior regulations and require careful reading for temporal application (Schedule 1, s.106.1)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Refers terrorism-related matters from the State to the Commonwealth Parliament so the Commonwealth can make laws about them (see s.1 and s.4). In practice the Act tells the Commonwealth it may adopt the text in Schedule 1 (Part 5.3 of the Commonwealth Criminal Code) and may make express amendments to that terrorism legislation or to the Commonwealth's criminal responsibility rules (s.4).\n\n- Makes the detailed offences and rules that the Commonwealth is invited to adopt. Schedule 1 sets out a full Part 5.3 of the Commonwealth Criminal Code: definitions (including \"terrorist act\"), substantive offences (e.g. terrorist act, training, possession, collecting documents, planning) and offences relating to terrorist organisations (membership, directing, recruiting, funding, support), financing terrorism, penalty levels (including life imprisonment for some offences) and geographical reach (see Schedule 1, Divs 100–103 and especially ss.100.1, 101.1–101.6, 102.1–102.7, 103.1).\n\n- Limits and channels how those Commonwealth laws operate within this State and elsewhere. The Act says the referral only covers matters that the State may refer and only to the extent those matters are not already within Commonwealth power (s.4(2) and Schedule 1, ss.100.2–100.4). It also explains how the terrorism provisions operate in referring States, non‑referring States, Territories and outside Australia by reference to constitutional powers (Schedule 1, s.100.3).\n\n- Provides mechanisms to avoid conflicts and to manage the relationship with State law. The Commonwealth part expressly intends concurrent operation with State/Territory laws (Schedule 1, s.100.6), allows regulations to carve out or modify application to prevent inconsistencies (s.100.7), and prevents double punishment where a person has already been punished under State law (s.100.6(4)).\n\n- Allows the Governor in Council to terminate the State's reference by proclamation (s.5).\n\n- Imposes an intergovernmental safeguard for future express amendments to the terrorism Part or to Chapter 2 that apply only to this Part: such express amendments must be approved by a majority of the group of States and Territories and by at least 4 States (Schedule 1, s.100.8).\n\nWho is affected\n\n- Individuals and organisations: people who engage in or prepare terrorist acts, who train for such acts, who possess or collect material connected to terrorist acts, or who associate with or provide support, funds or resources to organisations identified as terrorist organisations are exposed to Commonwealth criminal offences and heavy penalties (Schedule 1, Divs 101–103).\n\n- Financial institutions, service providers and intermediaries: offences criminalise providing or collecting funds where a person is reckless about whether the funds will be used to facilitate terrorism (s.103.1) and criminalise making funds available to listed terrorist organisations (s.102.6).\n\n- State and Territory governments and courts: the referral changes who enacts the primary criminal text (Commonwealth) and how State laws interact with Commonwealth law; State courts generally continue to hear criminal matters but the Commonwealth law applies (see Schedule 1, ss.100.4–100.6).\n\n- Commonwealth executive (Minister, Governor‑General) and (indirectly) the UN Security Council mechanism: listing organisations via regulations that rely on UN Security Council decisions involves ministerial satisfaction and regulation-making powers (Schedule 1, s.102.1(2)–(4)).\n\nWhy it matters (purpose claims and practical effects)\n\n- Purpose claim in the Act: to allow the Commonwealth to make laws about terrorist acts by reference under the Constitution (s.1). Mechanically, it hands to the Commonwealth a detailed set of terrorist offences and the ability to amend those offences by express amendment (s.4; Schedule 1).\n\n- What that changes practically: it centralises the substantive criminal text on terrorism at the Commonwealth level and gives those laws broad geographic reach (extended extraterritorial jurisdiction is applied to many offences via s.15.4 cross‑references in Schedule 1). That affects who makes the rules, who prosecutes and where the prohibitions apply (Schedule 1, ss.101.1, 101.2, 101.6, 102.9, 103.1).\n\nAnalytical test against costs, incentives and implementation issues\n\n- Who pays: enforcement, prosecution and defence costs shift toward Commonwealth agencies and courts; private persons and organisations bear legal and compliance costs (e.g. heightened due diligence for fund transfers because of s.102.6 and s.103.1). Sections imposing imprisonment create concentrated enforcement activity (Schedule 1, Divs 101–103).\n\n- Who decides: the Commonwealth Parliament enacts and amends the criminal text; the Governor‑General/Minister and Governor in Council have roles in listing organisations and terminating references (s.5; Schedule 1, s.102.1(2)). The States retain the power to revoke their own reference by complying with the termination mechanism (s.5).\n\n- Behavioural effects and private choices: the law criminalises preparatory and ancillary conduct (training, possession, collecting documents, planning) even if the terrorist act never occurs (see Schedule 1, ss.101.2(3), 101.4(3), 101.5(3), 101.6(2), 103.1(2)). That widens the set of actions that can be prosecuted and therefore raises compliance and precaution incentives among individuals, organisations and service providers.\n\n- Compliance burden and uncertainty: some terms are broad (e.g. \"terrorist act\" includes serious disruption to electronic systems—Schedule 1, s.100.1(2)(f)); fault elements include knowledge and recklessness with varying penalties; there are evidential/legal burdens on defendants for certain defences (see notes to Schedule 1, ss.101.4(5)–(6), 101.5(5)–(6), 102.3(2), 102.6(3)). Those features can increase uncertainty about lawful versus criminal conduct for businesses and individuals.\n\n- Interaction with State law and implementation risk: the Act anticipates concurrent State laws (Schedule 1, s.100.6) and gives regulation‑making power to modify operation to avoid inconsistencies (s.100.7). That preserves room for state practice but requires administrative coordination and some regulatory complexity.\n\n- Concentrated benefits and potential for concentrated costs: the Commonwealth gains a uniform criminal framework; agencies that investigate and prosecute terrorism (and victims of terrorism) gain a clear single set of offences. Costs (legal risk, compliance, possible chilling of lawful activities of organisations or researchers) fall on particular groups (e.g. organisations that handle funds, people involved in controversial speech or protest—see definition exclusions at Schedule 1, s.100.1(3) for advocacy/protest carve‑outs).\n\nKey cross‑references and guardrails to note\n\n- Extended extraterritorial jurisdiction and reliance on other Criminal Code provisions (e.g. s.15.4) are repeatedly invoked (see notes in Schedule 1 at ss.101.1, 101.2, 101.4, 101.5, 101.6, 102.9, 103.1).\n\n- Regulations to list organisations rely on ministerial satisfaction tied to UN Security Council decisions and have automatic expiry/renewal mechanics (Schedule 1, s.102.1(2)–(4)).\n\n- Express amendments to the terrorism Part or Chapter 2 that relate only to this Part require approval by a majority of States/Territories and at least four States (Schedule 1, s.100.8), inserting an intergovernmental check on future Commonwealth changes.\n\nOverall, the Act is a State reference of constitutional power that supplies the Commonwealth with a complete terrorism offence schema and rules for application, while building in mechanisms to manage state–Commonwealth overlap, regulate listing of organisations, and permit termination of the reference (see s.4, s.5, Schedule 1, Divs 100–103)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, this Act appears to have operated as originally intended — as a standing referral of terrorism law-making power to the Commonwealth. There is no indication from the version history provided that the scope was materially altered from its original purpose, though the consolidated version may reflect minor technical amendments over time."},"complexity_factors":["Requires understanding of Australian constitutional law and the federal/state division of powers under section 51(xxxvii) of the Constitution","The Act itself is short but its effect depends entirely on separate Commonwealth legislation (the Criminal Code Act 1995), making the full legal picture spread across multiple documents","The concept of 'referral of legislative power' is unfamiliar to most people despite being the core mechanism","Limited text provided in the source document makes full analysis of any conditions or limitations on the referral impossible","Interacts with matching referral Acts from other states, creating a layered legislative framework"],"plain_english_summary":"The Act is Victoria’s formal referral of power to the Commonwealth to make and apply federal terrorism laws in Victoria. It hands the national government authority to create offences and related measures so federal anti‑terrorism laws operate within the state.\n\nThis creates a single, nationwide legal framework (agreed after 9/11), affecting all Victorians, law enforcement and anyone charged with terrorism‑related conduct in Victoria."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-commonwealth-powers-act-2003","history":"/api/acts/terrorism-commonwealth-powers-act-2003/history","analysis":"/api/acts/terrorism-commonwealth-powers-act-2003/analysis","conflicts":"/api/acts/terrorism-commonwealth-powers-act-2003/conflicts","importantCases":"/api/acts/terrorism-commonwealth-powers-act-2003/important-cases","documents":"/api/acts/terrorism-commonwealth-powers-act-2003/documents"}}