(1) This section applies in relation to the following legislative instruments:
(a) a regulation that specifies an entity for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1);
(b) an instrument made under section 110.4.
(2) The Parliamentary Joint Committee on Intelligence and Security may:
(a) review the legislative instrument at any time; and
(b) report the Committee’s comments and recommendations to each House of the Parliament.
Review of disallowable legislative instrument—extension of disallowance period
(3) If the Committee’s report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):
(a) during the applicable disallowance period for that House; and
(b) on or after the eighth sitting day of the applicable disallowance period;
then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:
Extension of applicable disallowance period
Item If the Committee’s report is tabled in that House... extend the period of 15 sitting days by...
1 on the fifteenth sitting day of the applicable disallowance period 8 sitting days of that House
2 on the fourteenth sitting day of the applicable disallowance period 7 sitting days of that House
3 on the thirteenth sitting day of the applicable disallowance period 6 sitting days of that House
4 on the twelfth sitting day of the applicable disallowance period 5 sitting days of that House
5 on the eleventh sitting day of the applicable disallowance period 4 sitting days of that House
6 on the tenth sitting day of the applicable disallowance period 3 sitting days of that House
7 on the ninth sitting day of the applicable disallowance period 2 sitting days of that House
8 on the eighth sitting day of the applicable disallowance period 1 sitting day of that House
Applicable disallowance period
(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.
Subdivision C—Interaction with State and Territory laws
110.8 Concurrent operation intended
(1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(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:
(a) an act or omission that is an offence against a provision of this Part; or
(b) a similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
(a) provides for a penalty for the offence that differs from the penalty provided for in this Part;
(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;
(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.
(4) If:
(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
(b) the person has been punished for the offence under the law of the State or Territory;
the person is not liable to be punished for the offence under this Part.
110.9 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
(1) The regulations may modify the operation of this Part so that:
(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
(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.
(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:
(a) a person specified in the regulations; or
(b) a body specified in the regulations; or
(c) circumstances specified in the regulations; or
(d) a person or body specified in the regulations in the circumstances specified in the regulations.
(3) In this section:
matter includes act, omission, body, person or thing.
Division 111—State terrorist acts etc.
Subdivision A—Activities relating to state terrorist acts
111.1 Meaning of state terrorist act
In this Code:
state terrorist act means a terrorist act engaged in by:
(a) a state sponsor of terrorism; or
(b) a member of a state sponsor of terrorism;
(whether or not the terrorist act is also engaged in by an entity that is not a state sponsor of terrorism or a member of a state sponsor of terrorism).
111.2 Engaging in state terrorist acts
(1) A person commits an offence if:
(a) the person engages in a state terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Example: A state terrorist act is engaged in jointly by a state sponsor of terrorism (entity A), a foreign state entity (entity B) that is not a state sponsor of terrorism and an entity (entity C) that is not a foreign state entity. The offence in subsection (1) applies to the conduct of entities A and C but not entity B.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
111.3 Providing or receiving training connected with state terrorist acts
(1) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under this section even if:
(a) a state terrorist act does not occur; or
(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
111.4 Possessing things connected with state terrorist acts
(1) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a state terrorist act does not occur; or
(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.5 Collecting or making documents likely to facilitate state terrorist acts
(1) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a state terrorist act does not occur; or
(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(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 an entity in, or assistance in a state terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.6 Other acts done in preparation for, or planning, state terrorist acts
(1) A person commits an offence if:
(a) the person does any act in preparation for, or planning, a state terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity—the entity is a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
(3) A person commits an offence under subsection (1) even if:
(a) a state terrorist act does not occur; or
(b) the person’s act is not done in preparation for, or planning, a specific state terrorist act; or
(c) the person’s act is done in preparation for, or planning, more than one terrorist act.
Subdivision B—Activities of state sponsor of terrorism relating to terrorist acts engaged in by others
111.7 Providing or receiving training connected with terrorist acts
(1) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under this section even if:
(a) a terrorist act does not occur; or
(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or
(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
111.8 Possessing things connected with terrorist acts
(1) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a terrorist act does not occur; or
(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or
(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.9 Collecting or making documents likely to facilitate terrorist acts
(1) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a terrorist act does not occur; or
(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or