6 References to other instruments

In this standard, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Part 2 Introduction

7 Object of standard

The object of this standard is to prevent the broadcasting of programs that advocate the doing of a terrorist act or encourage people to join or finance listed terrorists.

8 Application

This standard applies to licensees.

Part 3 Anti-terrorism Requirements

9 Recruiting for a listed terrorist

(1) A licensee must not broadcast a program that would be reasonably understood as directly recruiting a person to join, or participate in the activities of, a listed terrorist.

(2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).

10 Financing terrorism

(1) A licensee must not broadcast a program that would be reasonably understood as:

(a) soliciting funds for a listed terrorist; or
(b) assisting in the collection or provision of funds for a listed terrorist.
(2) Without limiting the generality of subsection (1), a program falls within subsection (1) if it gives details of a bank account, an address to which funds can be sent, or some other means of making payment to, or for the benefit of, a listed terrorist.

(3) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).

11 Advocating the doing of a terrorist act

(1) A licensee must not broadcast a program that advocates the doing of a terrorist act.

(2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).

(3) Subject to subsection (4), for the purposes of this section, a program advocates the doing of a terrorist act if:

(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or

(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.

(4) A program does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.