Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002

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Legislation au C2004A00976 In force Act

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No. 58, 2002

An Act to create offences relating to international terrorist activities using explosive or lethal devices, and for related purposes

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments

Criminal Code Act 1995

Extradition Act 1988

Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002

No. 58, 2002

An Act to create offences relating to international terrorist activities using explosive or lethal devices, and for related purposes

[Assented to 3 July 2002]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002.

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	3 July 2002
2. Schedule 1	A single day to be fixed by Proclamation, subject to subsections (3) and (4)	8 September 2002 (Gazette 2002, No. S331)

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) A Proclamation under item 2 of the table must not specify a day that occurs before the day on which the International Convention for the Suppression of Terrorist Bombings (the Convention) enters into force for Australia.

Note: The Convention was done at New York on 15 December 1997.

(4) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which the Convention enters into force for Australia, it commences on the first day after the end of that period.

(5) If a provision commences as a result of subsection (4), the Minister must announce by notice in the Gazette the day on which the provision commenced.

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—Amendments

Criminal Code Act 1995

1 The Schedule (at the end of Chapter 4 of the Criminal Code)

Add:

Division 72—International terrorist activities using explosive or lethal devices

72.1 Purpose

The purpose of this Division is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997.

Note: The text of the Convention is available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.

72.2 ADF members not liable for prosecution

Nothing in this Division makes a member of the Australian Defence Force acting in connection with the defence or security of Australia liable to be prosecuted for an offence.

72.3 Offences

(1) A person commits an offence if:

(a) the person intentionally delivers, places, discharges or detonates a device; and

(b) the device is an explosive or other lethal device and the person is reckless as to that fact; and

(i) a place of public use; or

(ii) a government facility; or

(iii) a public transportation system; or

(iv) an infrastructure facility; and

(d) the person intends to cause death or serious harm.

Penalty: Imprisonment for life.

(2) A person commits an offence if:

(a) the person intentionally delivers, places, discharges or detonates a device; and

(b) the device is an explosive or other lethal device and the person is reckless as to that fact; and

(i) a place of public use; or

(ii) a government facility; or

(iii) a public transportation system; or

(iv) an infrastructure facility; and

(d) the person intends to cause extensive destruction to the place, facility or system; and

(e) the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

Penalty: Imprisonment for life.

(3) Strict liability applies to paragraphs (1)(c) and (2)(c).

72.4 Jurisdictional requirement

(1) A person commits an offence under this Division only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2)):

(a) the conduct constituting the alleged offence occurs:

(i) wholly or partly in Australia; or

(ii) wholly or partly on board an Australian ship or an Australian aircraft;

(b) at the time of the alleged offence, the person is an Australian citizen;

(d) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of Article 6 of the Convention and the person is in Australia;

(e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;

(f) the alleged offence is committed against:

(i) an Australian citizen; or

(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;

(g) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

(2) The circumstances relating to the alleged offence are exclusively internal if:

(a) the conduct constituting the alleged offence occurs wholly within Australia; and

(b) the alleged offender is an Australian citizen; and

(c) all of the persons against whom the offence is committed are Australian citizens or bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

(d) the alleged offender is in Australia; and

(e) no other State Party to the Convention has a basis under paragraph 1 or 2 of Article 6 of the Convention for exercising jurisdiction in relation to the conduct.

72.5 Saving of other laws

This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

72.6 Double jeopardy and foreign offences

If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Division in respect of that conduct.

72.7 Bringing proceedings under this Division

(1) Proceedings for an offence under this Division must not be commenced without the Attorney‑General’s written consent.

(2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

(3) In determining whether to bring proceedings for an offence under this Division, the Attorney‑General must have regard to the terms of the Convention, including paragraph 2 of Article 19.

(4) In determining whether to bring proceedings for an offence under this Division, the Attorney‑General must also have regard to:

(a) whether the conduct constituting the offence also gives rise to an offence under a law of a State or Territory; and

(b) whether a prosecution relating to the conduct under the State or Territory law has been or will be commenced.

72.8 Ministerial certificates relating to proceedings

(1) The Minister administering the Charter of the United Nations Act 1945 may issue a certificate stating any of the following matters:

(a) that the Convention entered into force for Australia on a specified day;

(b) that the Convention remains in force for Australia or any other State Party on a specified day;

(c) a matter relevant to the establishment of jurisdiction by a State Party under paragraph 1 or 2 of Article 6 of the Convention.

(2) The Minister administering the Australian Citizenship Act 1948 may issue a certificate stating that:

(a) a person is or was an Australian citizen at a particular time; or

(b) a person is or was a stateless person whose habitual residence is or was in Australia at a particular time.

(3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

72.9 Jurisdiction of State courts preserved

For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Division, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

72.10 Definitions

In this Division:

Convention means the Convention referred to in section 72.1.

explosive or other lethal device has the same meaning as in the Convention.

government facility has the same meaning as State or government facility has in the Convention.

infrastructure facility has the same meaning as in the Convention.

place of public use has the same meaning as in the Convention.

public transportation system has the same meaning as in the Convention.

Extradition Act 1988

2 Section 5 (at the end of paragraph (a) of the definition of political offence)

Add:

; or (ix) Article 2 of the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997;

[Minister’s second reading speech made in—

House of Representatives on 12 March 2002

Senate on 14 March 2002]

(48/02)

Overview

The Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002 was enacted by the Parliament of Australia to address the gap in existing legislation that did not sufficiently cover international terrorist activities involving explosive or lethal devices. This Act was designed to create offences specifically targeting such activities and to give effect to the International Convention for the Suppression of Terrorist Bombings, which Australia ratified on 15 December 1997. The primary objective of the Act is to provide stringent penalties, including life imprisonment, for individuals who intentionally use explosive or lethal devices against places of public use, government facilities, public transportation systems, or infrastructure facilities with the intent to cause death, serious harm, or extensive destruction resulting in major economic loss. The Act also outlines jurisdictional requirements, ensuring that the offences are prosecuted under Australian law under certain conditions, such as when the offence occurs in Australia or involves Australian citizens or entities. Furthermore, the Act mandates the Attorney-General’s consent for proceedings and preserves the jurisdiction of State courts for matters arising under the Act.

Scope and Application

The Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002 applies to any person who commits certain specified offences relating to international terrorist activities involving explosive or lethal devices. The Act amends the Criminal Code Act 1995 to include new offences under a new Division 72, which targets acts involving the delivery, placement, discharge, or detonation of explosive or lethal devices in various sensitive locations with intent to cause death, serious harm, or extensive destruction. The Act specifies that these offences are subject to strict liability for certain elements and jurisdictional requirements, which include where the act occurs, the nationality of the offender, and the nature of the target. Notably, members of the Australian Defence Force acting in connection with the defence or security of Australia are exempt from liability under this Division. The Act also amends the Extradition Act 1988 to include these offences as extraditable offences. The Act’s provisions are contingent on the International Convention for the Suppression of Terrorist Bombings entering into force for Australia, with specific commencement details provided to ensure alignment with the Convention’s effective date. The Act’s application is not restricted to Australian territory, as it also covers acts occurring on Australian ships or aircraft and offences committed by Australian citizens abroad, provided they fall within the Convention’s jurisdictional framework.

Key Provisions

The Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002 primarily amends the Criminal Code Act 1995 and the Extradition Act 1988 to introduce offences related to international terrorist activities involving explosive or lethal devices. Section 72.1 of the Act explains that the purpose of this amendment is to create these offences and to give effect to the International Convention for the Suppression of Terrorist Bombings. Importantly, Section 72.2 clarifies that members of the Australian Defence Force acting in connection with the defence or security of Australia are not liable for prosecution under this Division. Section 72.3 sets out the key offences. A person commits an offence if they intentionally deliver, place, discharge, or detonate a device that is an explosive or lethal device, and they are reckless as to that fact. This device must be delivered, placed, discharged, or detonated in a place of public use, a government facility, a public transportation system, or an infrastructure facility. The person must also intend to cause death or serious harm or extensive destruction to the place, facility, or system, and be reckless as to whether that intended destruction results in major economic loss. Strict liability applies to the placement or delivery of these devices. The Act imposes obligations on the Attorney-General to consider the terms of the Convention and relevant State or Territory laws when deciding whether to bring proceedings for an offence under this Division (Section 72.7). The Minister administering the Charter of the United Nations Act 1945 and the Australian Citizenship Act 1948 may issue certificates that are prima facie evidence of specified matters, such as the entry into force of the Convention for Australia or a person's citizenship status (Section 72.8). Additionally, the Act preserves the jurisdiction of State courts for matters arising under this Division (Section 72.9). Breach of the offences outlined in Section 72.3 carries a maximum penalty of imprisonment for life. The Act also provides that if a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, they cannot be convicted of an offence under this Division in respect of that conduct (Section 72.6). Furthermore, the Act excludes certain conduct from being considered exclusively internal, thereby allowing for jurisdiction to be exercised over such conduct (Section 72.2).

Area of Law: Criminal Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Enforcement Powers; Jurisdictional Requirement

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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