Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)General Outline and financial impact
General Outline
The Security Legislation Amendment (Terrorism) Bill 2001 (the Bill) amends the Criminal Code Act 1995 (the Criminal Code) to combat terrorism by ensuring that there are criminal offences to deal with terrorism and membership of a terrorist organisation, or other links to a terrorist organisation, may be an offence.
The Bill inserts a series of new terrorism offences into the Criminal Code, all of which carry a penalty of life imprisonment. The offences are: engaging in a terrorist act; providing or receiving training for a terrorist act; directing organisations concerned with a terrorist act; possessing things connected with a terrorist act; collecting or making documents likely to facilitate a terrorist act; and acts in preparation for, or planning, a terrorist act. With the exception of the offence of engaging in a terrorist act, it is not necessary for a terrorist act to actually occur for a person to be prosecuted for a terrorism offence.
The Bill also includes a regime for the Attorney-General to proscribe an organisation that has a specified terrorist connection or that has endangered, or is likely to endanger, the security or integrity of the Commonwealth, and to make membership or other specified links with such an organisation an offence.
The Bill replaces the treason offence in the Crimes Act 1914 with a new offence, framed in accordance with contemporary drafting practice and the standard approach under the Criminal Code.
Finally, the Bill proposes amendments to the Australian Protective Service Act 1987 and the Crimes (Aviation) Act 1991 to ensure that Australian Protective Service has powers to deal with terrorist related offences, and to exercise the aircraft security officer function on intra-state flights.
Financial Impact
It is not expected that the Bill will have a direct financial impact.
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