Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 100 - Preliminary  

SECTION 100.1   Definitions  

(1)    

In this Part:

AFP member
means:

(a) a member of the Australian Federal Police (within the meaning of Australian Federal Police Act 1979 ; or

(b) a special member of the Australian Federal Police (within the meaning of that Act).

AFP Minister
means the Minister administering the Australian Federal Police Act 1979 .

ASIO affiliate
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

ASIO employee
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

Commonwealth place
has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970 .

confirmed control order
means an order made under section 104.16 .

constitutional corporation
means a corporation to which paragraph 51(xx) of the Constitution applies.

continued preventative detention order
means an order made under section 105.12 .

control order
means an interim control order or a confirmed control order.

corresponding State preventative detention law
means a law of a State or Territory that is, or particular provisions of a law of a State or Territory that are, declared by the regulations to correspond to Division 105 of this Act.

detained in custody
has the meaning given by subsection (3A) .

detained in custody in a prison
has the meaning given by subsection (3B) .

detained in non-prison custody
has the meaning given by subsection (3C) .

engage in a hostile activity
has the meaning given by subsection 117.1(1) .

exemption condition
:

(a) in relation to a control order - has the meaning given by subsection 104.5B(2) ; or

(b) in relation to an extended supervision order or an interim supervision order - has the meaning given by subsection 105A.7C(2) .

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).

frisk search
means:

(a) a search of a person conducted by quickly running the hands over the person ' s outer garments; and

(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

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.

identification material
, in relation to a person, means prints of the person ' s hands, fingers, feet or toes, recordings of the person ' s voice, samples of the person ' s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V of the Crimes Act 1914 .

immigration detention
has the same meaning as in the Migration Act 1958 .

initial preventative detention order
means an order made under section 105.8 .

interim control order
means an order made under section 104.4 , 104.7 or 104.9 .

interim post-sentence order
has the meaning given by section 105A.2 .

issuing authority
:

(a) for initial preventative detention orders - means a senior AFP member; and

(b) for continued preventative detention orders - means a person appointed under section 105.2 .

issuing court
means the Federal Court of Australia.

Judge
(Repealed by No 82 of 2016)

lawyer
means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.

listed terrorist organisation
means an organisation that is specified by the regulations for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1 .

monitoring device
means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.

Note:

See also the definition of related monitoring equipment in this subsection.

ordinary search
means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and

(b) an examination of those items.

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.

personal information
has the same meaning as in the Privacy Act 1988 .

police officer
means:

(a) an AFP member; or

(b) a member (however described) of a police force of a State or Territory.

post-sentence order
has the meaning given by section 105A.2 .

prescribed authority
has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 .

preventative detention order
means an order under section 105.8 or 105.12 .

prohibited contact order
means an order made under section 105.15 or 105.16 .

referring State
has the meaning given by section 100.2 .

related monitoring equipment
, in relation to a monitoring device, means any electronic equipment necessary for operating the monitoring device.

reside
includes reside temporarily.

residence
includes temporary residence.

seizable item
means anything that:

(a) would present a danger to a person; or

(b) could be used to assist a person to escape from lawful custody; or

(c) could be used to contact another person or to operate a device remotely.

senior AFP member
means:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(c) an AFP member of, or above, the rank of Superintendent.

specified authority
: a person, or person in a class of persons, is a specified authority for a requirement or condition in a control order, an extended supervision order or interim supervision order in relation to another person (the subject ) if:

(a) the person or class is any of the following:

(i) a police officer, or class of police officer;

(ii) if the requirement or condition relates to electronic monitoring - a person, or class of person, who is involved in electronically monitoring the subject;

(iii) for any requirement or condition in the order - any other person, or class of person; and

(b) the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and

(c) the person or class is specified in the order.

superior court
means:

(a) the High Court; or

(b) the Federal Court of Australia; or

(c) (Repealed by No 82 of 2016)

(d) the Supreme Court of a State or Territory; or

(e) the District Court (or equivalent) of a State or Territory.

terrorist act
means an action or threat of action where:

(a) the action falls within subsection (2) and does not fall within subsection (3) ; and

(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

(ii) intimidating the public or a section of the public.

tracking device
(Repealed by No 131 of 2021)

Elements of the definition of terrorist act

(2)    
Action falls within this subsection if it:

(a) causes serious harm that is physical harm to a person; or

(b) causes serious damage to property; or

(c) causes a person ' s death; or

(d) endangers a person ' s life, other than the life of the person taking the action; or

(e) creates a serious risk to the health or safety of the public or a section of the public; or

(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i) an information system; or

(ii) a telecommunications system; or

(iii) a financial system; or

(iv) a system used for the delivery of essential government services; or

(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) is not intended:

(i) to cause serious harm that is physical harm to a person; or

(ii) to cause a person ' s death; or

(iii) to endanger the life of a person, other than the person taking the action; or

(iv) to create a serious risk to the health or safety of the public or a section of the public.

Definition of detained in custody etc.

(3A)    

A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.

(3B)    

A person is detained in custody in a prison if the person is detained in custody in a gaol, lock-up or remand centre, including under a continuing detention order or interim detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock-up or remand centre.

(3C)    

A person is detained in non-prison custody if the person is detained in custody, but is not detained in custody in a prison.

Note:

An example of a person who is detained in non-prison custody is a person who is in immigration detention (whether in a gaol, lock-up, remand centre or otherwise).

References to person, property or public

(4)    
In this Division:

(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and

(b) a reference to the public includes a reference to the public of a country other than Australia.

Note:

A court that is sentencing a person who has been convicted of an offence against this Part, the maximum penalty for which is 7 or more years of imprisonment, or convicted of an offence relating to control orders or extended supervision orders, may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23 ).