9In enacting these extraordinary temporary measures, the Legislative

9 In enacting these extraordinary temporary measures, the Legislative Assembly, therefore, considers that it is critical that Australia’s fundamental legal principles (such as the rule of law, respect for the legal process, the separation of powers, and respect for human rights) be preserved. The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:

1 Name of Act This Act is the Terrorism (Extraordinary Temporary Powers) Act 2006. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘serious harm—see the Criminal Code, dictionary.’ means that the term ‘serious harm’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Meaning of terrorist act (1) An act is a terrorist act if— (a) it does any of the following: (i) causes serious harm that is physical harm to a person; (ii) causes serious damage to property; (iii) causes a person’s death; (iv) endangers the life of someone other than the person doing the act; (v) creates a serious risk to the health or safety of the public; (vi) seriously interferes with, seriously disrupts, or destroys, an electronic system; and (b) it is done with the intention of advancing a political, religious or ideological cause; and

(c) it is done with the intention of— (i) coercing, or influencing by intimidation, the government of the Territory, the Commonwealth, a State, another Territory or a foreign country, or of part of a State, another Territory or foreign country; or (ii) intimidating the public. (2) However, an act is not a terrorist act if— (a) it is advocacy, protest, dissent or industrial action; and (b) it is not intended to do any of the following: (i) cause serious harm that is physical harm to a person; (ii) cause a person’s death; (iii) endanger the life of someone other than the person doing the act; (iv) create a serious risk to the health or safety of the public. (3) A reference in this section to a person or property is a reference to a person or property wherever situated, whether in or outside the ACT (including outside Australia). (4) In this section: electronic system includes any of the following electronic systems: (a) an information system; (b) a telecommunications system; (c) a financial system; (d) a system used for the delivery of essential government services; (e) a system used for, or by, an essential public utility; (f) a system used for, or by, a transport system.