VICIn ForceAct
Terrorism (Community Protection) Act 2003
4What is a terrorist act?
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in Terrorism (Community Protection) Act 2003.
4 What is a terrorist act?
(1) In this Act, ***terrorist act*** means an action or threat of action where—
(a) the action falls within subsection (2) and does not fall within subsection (3); and
(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the action is done or the threat is made with the intention of—
(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
(ii) intimidating the public or a section of the public.
(2) Action falls within this subsection if it—
(a) causes serious harm that is physical harm to a person; or
(b) causes serious damage to property; or
(c) causes a person's death; or
(d) endangers a person's life, other than the life of the person taking the action; or
(e) creates a serious risk to the health or safety of the public or a section of the public; or
(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
S. 4(2)(f)(iv) amended by No. 30/2006 s. 4(2)(a).
(iv) a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or
S. 4(2)(f)(v) amended by No. 30/2006 s. 4(2)(b).
(v) a system used for, or by, an essential public utility (whether publicly or privately owned); or
(vi) a system used for, or by, a transport system.
(3) Action falls within this subsection if it—
(a) is advocacy, protest, dissent or industrial action; and
(b) is not intended—
(i) to cause serious harm that is physical harm to a person; or
(ii) to cause a person's death; or
(iii) to endanger the life of a person, other than the person taking action; or
(iv) to create a serious risk to the health or safety of the public or a section of the public.
Note to s. 4 repealed by No. 30/2006 s. 4(3).
S. 4A inserted by No. 5/2006 s. 7.