83AAInterpretation of Division 2A

### 83AA Interpretation of Division 2A > [*\[Section 83AA of Part 8 Inserted by No. 14 of 2018, s. 7, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2018-014#GS7@EN) > > > (1)  In this Division – > > > > > ***control order*** has the same meaning as in section 100.1 of the *Criminal Code 1995* of the Commonwealth; > > > > > ***terrorism-linked prisoner*** means a prisoner who – > > > > > > > > (a) has been convicted of a terrorism offence; or > > > > > > > > > (b) is subject to a control order; > > > > > ***terrorism offence*** means – > > > > > > > > (a) an offence referred to in paragraph (a), (b) or (c) of the definition of *terrorism offence* in section 3 of the *Crimes Act 1914* of the Commonwealth; and > > > > > > > > > (b) an offence against the former *Crimes (Foreign Incursions and Recruitment) Act 1978* of the Commonwealth; and > > > > > > > > > (c) an offence, in relation to terrorism, that – > > > > > > > > > > > > (i) is an offence under an Act of the Commonwealth, this State, another State or a Territory; and > > > > > > > > > > > > > (ii) is prescribed; > > > > > ***terrorist act*** has the same meaning as in section 100.1 of the *Criminal Code 1995* of the Commonwealth. > > > (2)  A reference in this Division to a prisoner promoting a terrorist act is a reference to the prisoner – > > > > > > (a) engaging in, or inciting or assisting another person to engage in, a terrorist act; or > > > > > > > (b) making statements supporting a terrorist act; or > > > > > > > (c) carrying out activities supporting a terrorist act; or > > > > > > > (d) advocating the carrying out of a terrorist act; or > > > > > > > (e) advocating support for a terrorist act; or > > > > > > > (f) advocating the making of statements, or the carrying out of activities, that support, or that advocate support for, a terrorist act. > > > (3)  A reference in this Division to a prisoner promoting a terrorist act includes a reference to a prisoner who, in this State, another State, a Territory, another country, or in any other place, including the high seas or international airspace, and whether or not before or after the commencement of this Division, promoted a terrorist act. > > > (4)  A reference in this Division to a person who has been convicted of a terrorism offence includes a reference to a person who has been, in this State, another State or a Territory and whether before or after the commencement of this Division, convicted of a terrorism offence. > > > (5)  A reference in this Division to a person who is subject to a control order includes a reference to a person who is subject to a control order, whether the control order was made before or after the commencement of this Division. > > > (6)  A reference in this Division to a terrorist act includes a reference to – > > > > > > (a) a terrorist act that has occurred; and > > > > > > > (b) a terrorist act that has not occurred, that may not occur or that will not occur; and > > > > > > > (c) a terrorist act that subsequently occurs; and > > > > > > > (d) a terrorist act, whether the act is specifically or generally identified or is of a type of terrorist act that is specifically or generally identified.