5Terrorist act

5 Terrorist act (1) In this Act, terrorist act means an action or threat of an action if: (a) the action falls within subsection (2) and does not fall within subsection (3); (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

Terrorism (Emergency Powers) Act 2003 5 (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; (b) causes serious damage to property; (c) causes a person's death; (d) endangers a person's life, other than the life of the person taking the action; (e) creates a serious risk to public health or public safety; or (f) seriously interferes with, seriously disrupts, or destroys, an electronic system, including but not limited to: (i) an information system; (ii) a telecommunications system; (iii) a financial system; (iv) a system used for the delivery of essential government services; (v) a system used for, or by, an essential public utility; 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) it is not intended: (i) to cause serious harm that is physical harm to a person; (ii) to cause a person's death; (iii) to endanger a person's life, other than the life of the person taking the action; or (iv) to create a serious risk to public health or public safety. (4) In this section, a reference to a person or property is a reference to a person or property wherever situated, within or outside the Territory (including within or outside Australia).

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