Criminal Code Amendment (Terrorism) Act 2003
No. 40, 2003
An Act to amend the Criminal Code Act 1995, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Criminal Code Act 1995
Schedule 2—Amendment of the Security Legislation Amendment (Terrorism) Act 2002
Criminal Code Amendment (Terrorism) Act 2003
No. 40, 2003
An Act to amend the Criminal Code Act 1995, and for related purposes
[Assented to 27 May 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Criminal Code Amendment (Terrorism) Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 27 May 2003 |
2. Schedules 1 and 2 | A single day to be fixed by Proclamation | 29 May 2003
(s 2(1); Gazette 2003, S175) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Criminal Code Act 1995
1 The Schedule (Part 5.3 of the Criminal Code)
Repeal the Part, substitute:
Part 5.3—Terrorism
Division 100—Preliminary
100.1 Definitions
(1) In this Part:
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
express amendment of the provisions of this Part or Chapter 2 means the direct amendment of the provisions (whether by the insertion, omission, repeal, substitution or relocation of words or matter).
funds means:
(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and
(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.
organisation means a body corporate or an unincorporated body, whether or not the body:
(a) is based outside Australia; or
(b) consists of persons who are not Australian citizens; or
(c) is part of a larger organisation.
Overview
The Criminal Code Amendment (Terrorism) Act 2003 was enacted to address the legislative gap in combating terrorism within Australia. This Act amends the Criminal Code Act 1995 to introduce stricter measures and penalties against terrorism-related activities. Enacted by the Parliament of Australia, its primary policy objective is to provide the Commonwealth with the legislative tools necessary to effectively prevent, prosecute, and punish acts of terrorism, thereby enhancing national security and aligning Australia's legal framework with international obligations and standards. The Act focuses on criminalising various aspects of terrorist activities, including the commission of terrorist acts, providing or receiving training, possessing items connected to terrorism, and financing terrorist organisations, among others.
Scope and Application
The Criminal Code Amendment (Terrorism) Act 2003 amends the Criminal Code Act 1995 to enhance Australia's legal framework against terrorism. This Act applies to all individuals and organisations within Australia and its territories, targeting conduct related to terrorist acts and terrorist organisations. The geographic reach extends to any location where the actions or threats occur, regardless of whether they are within or outside Australia. The Act's provisions also apply extraterritorially based on specific legislative powers under the Australian Constitution, including the external affairs power and the power to legislate for the peace, order, and good government of the Commonwealth. The Act applies to both referring and non-referring states, with its application contingent on the Parliament's legislative powers. The Act allows for the operation of state and territory laws concurrently, provided there is no inconsistency. Exclusions or exemptions are not explicitly detailed in the text, but the Act provides mechanisms for the regulations to modify its operation to avoid conflicts with state and territory laws. The Act also includes provisions for the Minister's approval of amendments affecting the Act.
Key Provisions
- The Criminal Code Amendment (Terrorism) Act 2003 amends the Criminal Code Act 1995 by introducing new provisions related to terrorism. The key provisions of the Act include the definition of "terrorist act" in section 100.1, which describes actions that cause serious harm or endanger public safety with the intention of advancing a political, religious, or ideological cause. The Act also outlines the legislative basis for its operation in different jurisdictions, such as referring States, non-referring States, and Territories, as well as its application outside Australia. The Act imposes various offences related to terrorism, including engaging in a terrorist act (section 101.1), providing or receiving training connected with terrorist acts (section 101.2), possessing things connected with terrorist acts (section 101.4), and collecting or making documents likely to facilitate terrorist acts (section 101.5). Additionally, the Act criminalises activities related to terrorist organisations, such as directing the activities of a terrorist organisation (section 102.2), membership of a terrorist organisation (section 102.3), and recruiting for a terrorist organisation (section 102.4). The maximum penalties for these offences range from imprisonment for 10 years to imprisonment for life.
- The Act imposes several obligations on individuals and organisations. Individuals must not engage in terrorist acts, provide or receive training related to terrorist acts, possess items connected with terrorist acts, or collect or make documents likely to facilitate terrorist acts. Furthermore, individuals must not direct the activities of a terrorist organisation, become a member of a terrorist organisation, recruit for a terrorist organisation, provide or receive training from a terrorist organisation, or receive or provide funds to or from a terrorist organisation. Organisations, particularly those identified as terrorist organisations, are also subject to these prohibitions. Failure to comply with these obligations can result in criminal charges and penalties.
- Breaches of the Act's provisions are subject to criminal penalties. For instance, engaging in a terrorist act carries a maximum penalty of imprisonment for life (section 101.1). Providing or receiving training connected with terrorist acts can result in imprisonment for 25 years if done intentionally, or 15 years if done recklessly (section 101.2). Possessing things connected with terrorist acts can result in imprisonment for 15 years if done knowingly, or 10 years if done recklessly (section 101.4). Similar penalties apply to collecting or making documents likely to facilitate terrorist acts (section 101.5). Offences related to terrorist organisations, such as directing the activities of a terrorist organisation, carry a maximum penalty of imprisonment for 25 years if done intentionally, or 15 years if done recklessly (sections 102.2 and 102.4). Other offences, such as membership of a terrorist organisation and recruiting for a terrorist organisation, also carry penalties of up to 25 years imprisonment if done intentionally, or 15 years if done recklessly (sections 102.3 and 102.4). Financing terrorism by providing or collecting funds recklessly as to whether they will be used for a terrorist act carries a maximum penalty of imprisonment for life (section 103.1).
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Regulatory Standards
- Enforcement Powers
- Prohibited Conduct
- Commencement Provisions