Statutes Amendment (Extremist Material) Act 2017 (SA)

South Australia

Statutes Amendment (Extremist Material) Act 2017

An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Extremist Material) Act 2017.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

After section 83C insert:

83CA—Information for terrorist acts

1. (1)

   A person who, without reasonable excuse—

   1. (a)

      collects or makes a record of information of a kind likely to be of practical use to a person committing or preparing a terrorist act; or

   2. (b)

      has possession of a document or record containing information of that kind,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

1. (2)

   If a court finds a person guilty of an offence against this section, the court may order the forfeiture of anything that has been seized and consists of, or contains, material to which the offence relates or consists of equipment used for the commission of the offence.

2. (3)

   A court making an order for forfeiture of any equipment or item under subsection (2) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.

3. (4)

   In this section—

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code.

After section 35 insert:

Part 7A—Extremist material

36—Interpretation

In this Part—

broadcasting includes datacasting;

carriage service provider has the same meaning as in section 87 of the Telecommunications Act 1997 of the Commonwealth;

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

computer data means electronic data from which an image, sound or text may be created by means of a computer;

computer record or system means a computer disk or tape or other object or device on which computer data is stored;

distribute includes—

1. (a)

   communicate, exhibit, send, supply, upload or transmit; and

2. (b)

   make available for access by another,

but does not include distribution by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;

extremist material—see section…