Western Australian Numbered Acts Western Australian Numbered Acts(Section 3)
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.
referring State has
the meaning given by section 100.2.
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.
(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.
(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.
100.2 Referring States
(1) A State is a
referring State if the Parliament of the State has referred the matters
covered by subsections (2) and (3) to the Parliament of the Commonwealth
for the purposes of paragraph 51 (xxxvii) of the Constitution:
(a)
if and to the extent that the matters are not
otherwise included in the legislative powers of the Parliament of the
Commonwealth (otherwise than by a reference under paragraph 51 (xxxvii) of the
Constitution); and
(b)
if and to the extent that the matters are included
in the legislative powers of the Parliament of the State.
This subsection has
effect subject to subsection (5).
(2) This subsection
covers the matters to which the referred provisions relate to the extent of
making laws with respect to those matters by including the referred provisions
in this Code.
(3) This subsection
covers the matter of terrorist acts, and actions relating to terrorist acts,
to the extent of the making of laws with respect to that matter by making
express amendment of this Part or of Chapter 2.
(4) A State is a
referring State even if a law of the State provides that the reference to the
Commonwealth Parliament of either or both of the matters covered by
subsections (2) and (3) is to terminate in particular circumstances.
(5) A State ceases to
be a referring State if a reference by the State of either or both of the
matters covered by subsections (2) and (3) terminates.
(6) In this section:
referred provisions
means the provisions of Part 5.3 of this Code as inserted by the Criminal Code
Amendment (Terrorism) Act 2002 , to the extent to which they deal with
matters that are included in the legislative powers of the Parliaments of the
States.
100.3 Constitutional basis for the operation of
this Part
(1) Operation in a
referring State
The operation of this
Part in a referring State is based on:
(a)
the legislative powers that the Commonwealth
Parliament has under section 51 of the Constitution (other than paragraph
51 (xxxvii)); and
(b)
the legislative powers that the Commonwealth
Parliament has in respect of matters to which this Part relates because those
matters are referred to it by the Parliament of the referring State under
paragraph 51 (xxxvii) of the Constitution.
Note . The State reference fully supplements the
Commonwealth Parliament’s other powers by referring the matters to the
Commonwealth Parliament to the extent to which they are not otherwise included
in the legislative powers of the Commonwealth Parliament.
(2) Operation in a
non-referring State
The operation of this
Part in a State that is not a referring State is based on the legislative
powers that the Commonwealth Parliament has under section 51 of the
Constitution (other than paragraph 51 (xxxvii)).
Note .
Subsection 100.4 (5) identifies particular powers that are being relied
on.
(3) Operation in a
Territory
The operation of this
Part in the Northern Territory, the Australian Capital Territory or an
external Territory is based on:
(a)
the legislative powers that the Commonwealth
Parliament has under section 122 of the Constitution to make laws for the
government of that Territory; and
(b)
the legislative powers that the Commonwealth
Parliament has under section 51 of the Constitution (other than paragraph
51 (xxxvii)).
Despite
subsection 22 (3) of the Acts Interpretation Act 1901 , this Part as
applying in those Territories is a law of the Commonwealth.
(4) Operation outside
Australia
The operation of this
Part outside Australia and the external Territories is based on:
(a)
the legislative powers that the Commonwealth
Parliament has under paragraph 51 (xxix) of the Constitution; and
(b)
the other legislative powers that the Commonwealth
Parliament has under section 51 of the Constitution (other than paragraph
51 (xxxvii)).
100.4 Application of provisions
(1) Part generally
applies to all terrorist acts and preliminary acts
Subject to
subsection (4), this Part applies to the following conduct:
(a)
all actions or threats of action that constitute
terrorist acts (no matter where the action occurs, the threat is made or the
action, if carried out, would occur);
(b)
all actions ( preliminary acts ) that relate to
terrorist acts but do not themselves constitute terrorist acts (no matter
where the preliminary acts occur and no matter where the terrorist acts to
which they relate occur or would occur).
Note . See the
following provisions:
(a)
subsection 101.1 (2);
(b) subsection 101.2 (4);
(c)
subsection 101.4 (4);
(d)
subsection 101.5 (4);
(e) subsection 101.6
(3);
(f)
section 102.9.
(2) Operation in
relation to terrorist acts and preliminary acts occurring in a State that is
not a referring State
Subsections (4)
and (5) apply to conduct if the conduct is itself a terrorist act and:
(a)
the terrorist act consists of an action and the
action occurs in a State that is not a referring State; or
(b)
the terrorist act consists of a threat of action
and the threat is made in a State that is not a referring State.
(3)
Subsections (4) and (5) also apply to conduct if the conduct is a
preliminary act that occurs in a State that is not a referring State and:
(a)
the terrorist act to which the preliminary act
relates consists of an action and the action occurs, or would occur, in a
State that is not a referring State; or
(b)
the terrorist act to which the preliminary act
relates consists of a threat of action and the threat is made, or would be
made, in a State that is not a referring State.
(4) Notwithstanding
any other provision in this Part, this Part applies to the conduct only to the
extent to which the Parliament has power to legislate in relation to:
(a)
if the conduct is itself a terrorist act—the
action or threat of action that constitutes the terrorist act; or
(b)
if the conduct is a preliminary act—the
action or threat of action that constitutes the terrorist act to which the
preliminary act relates.
(5) Without limiting
the generality of subsection (4), this Part applies to the action or
threat of action if:
(a)
the action affects, or if carried out would
affect, the interests of:
(i) the
Commonwealth; or
(ii) an
authority of the Commonwealth; or
(iii) a
constitutional corporation; or
(b)
the threat is made to:
(i) the
Commonwealth; or
(ii) an
authority of the Commonwealth; or
(iii) a
constitutional corporation; or
(c)
the action is carried out by, or the threat is
made by, a constitutional corporation; or
(d)
the action takes place, or if carried out would
take place, in a Commonwealth place; or
(e)
the threat is made in a Commonwealth place; or
(f)
the action involves, or if carried out would
involve, the use of a postal service or other like service; or
(g)
the threat is made using a postal or other like
service; or
(h)
the action involves, or if carried out would
involve, the use of an electronic communication; or
(i) the threat is made using an
electronic communication; or
(j)
the action disrupts, or if carried out would
disrupt, trade or commerce:
(i)
between Australia and places outside Australia; or
(ii)
among the States; or
(iii)
within a Territory, between a State and a Territory or between 2 Territories;
or
(k)
the action disrupts, or if carried out would
disrupt:
(i)
banking (other than State banking not extending beyond the limits of the State
concerned); or
(ii)
insurance (other than State insurance not extending beyond the limits of the
State concerned); or
(l)
the action is, or if carried out would be, an
action in relation to which the Commonwealth is obliged to create an offence
under international law; or
(m)
the threat is one in relation to which the
Commonwealth is obliged to create an offence under international law.
(6) To avoid doubt,
subsections (2) and (3) apply to a State that is not a referring State at
a particular time even if no State is a referring State at that time.
100.5 Application of Acts Interpretation
Act 1901
(1) The
Acts Interpretation Act 1901 , as in force on the day on which
Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2002
commences, applies to this Part.
(2) Amendments of the
Acts Interpretation Act 1901 made after that day do not apply to this
Part.
100.6 Concurrent operation intended
(1) This Part is not
intended to exclude or limit the concurrent operation of any law of a State or
Territory.
(2) Without limiting
subsection (1), this Part is not intended to exclude or limit the
concurrent operation of a law of a State or Territory that makes:
(a)
an act or omission that is an offence against a
provision of this Part; or
(b)
a similar act or omission;
an offence against the
law of the State or Territory.
(3)
Subsection (2) applies even if the law of the State or Territory does any
one or more of the following:
(a)
provides for a penalty for the offence that
differs from the penalty provided for in this Part;
(b)
provides for a fault element in relation to the
offence that differs from the fault elements applicable to the offence under
this Part;
(c)
provides for a defence in relation to the offence
that differs from the defences applicable to the offence under this Part.
(4) If:
(a)
an act or omission of a person is an offence under
this Part and is also an offence under the law of a State or Territory; and
(b)
the person has been punished for the offence under
the law of the State or Territory;
the person is not
liable to be punished for the offence under this Part.
100.7 Regulations may modify operation of this
Part to deal with interaction between this Part and State and Territory laws
(1) The regulations
may modify the operation of this Part so that:
(a)
provisions of this Part do not apply to a matter
that is dealt with by a law of a State or Territory specified in the
regulations; or
(b)
no inconsistency arises between the operation of a
provision of this Part and the operation of a State or Territory law specified
in the regulations.
(2) Without limiting
subsection (1), regulations made for the purposes of that subsection may
provide that the provision of this Part does not apply to:
(a)
a person specified in the regulations; or
(b)
a body specified in the regulations; or
(c)
circumstances specified in the regulations; or
(d)
a person or body specified in the regulations in
the circumstances specified in the regulations.
(3) In this section:
matter includes act,
omission, body, person or thing.
100.8 Approval for changes to or affecting this
Part
(1) This section
applies to:
(a)
an express amendment of this Part (including this
section); and
(b)
an express amendment of Chapter 2 that applies
only to this Part (whether or not it is expressed to apply only to this Part).
(2) An express
amendment to which this section applies is not to be made unless the amendment
is approved by:
(a)
a majority of the group consisting of the States,
the Australian Capital Territory and the Northern Territory; and
(b)
at least 4 States.
Division 101 Terrorism
101.1 Terrorist acts
(1) A person commits
an offence if the person engages in a terrorist act.
Penalty: Imprisonment
for life.
(2) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against subsection (1).
101.2 Providing or receiving training connected
with terrorist acts
(1) A person commits
an offence if:
(a)
the person provides or receives training; and
(b)
the training is connected with preparation for,
the engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) knows
of the connection described in paragraph (b).
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person provides or receives training; and
(b)
the training is connected with preparation for,
the engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) is
reckless as to the existence of the connection described in
paragraph (b).
Penalty: Imprisonment
for 15 years.
(3) A person commits
an offence under this section even if the terrorist act does not occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.4 Possessing things connected with terrorist
acts
(1) A person commits
an offence if:
(a)
the person possesses a thing; and
(b)
the thing is connected with preparation for, the
engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) knows
of the connection described in paragraph (b).
Penalty: Imprisonment
for 15 years.
(2) A person commits
an offence if:
(a)
the person possesses a thing; and
(b)
the thing is connected with preparation for, the
engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) is
reckless as to the existence of the connection described in
paragraph (b).
Penalty: Imprisonment
for 10 years.
(3) A person commits
an offence under subsection (1) or (2) even if the terrorist act does not
occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5)
Subsections (1) and (2) do not apply if the possession of the thing was
not intended to facilitate preparation for, the engagement of a person in, or
assistance in a terrorist act.
Note . A defendant
bears an evidential burden in relation to the matter in subsection (5)
(see subsection 13.3 (3)).
(6) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.5 Collecting or making documents likely to
facilitate terrorist acts
(1) A person commits
an offence if:
(a)
the person collects or makes a document; and
(b)
the document is connected with preparation for,
the engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) knows
of the connection described in paragraph (b).
Penalty: Imprisonment
for 15 years.
(2) A person commits
an offence if:
(a)
the person collects or makes a document; and
(b)
the document is connected with preparation for,
the engagement of a person in, or assistance in a terrorist act; and
(c)
the person mentioned in paragraph (a) is
reckless as to the existence of the connection described in
paragraph (b).
Penalty: Imprisonment
for 10 years.
(3) A person commits
an offence under subsection (1) or (2) even if the terrorist act does not
occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5)
Subsections (1) and (2) do not apply if the collection or making of the
document was not intended to facilitate preparation for, the engagement of a
person in, or assistance in a terrorist act.
Note . A defendant
bears an evidential burden in relation to the matter in subsection (5)
(see subsection 13.3 (3)).
(6) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.6 Other acts done in preparation for, or
planning, terrorist acts
(1) A person commits
an offence if the person does any act in preparation for, or planning, a
terrorist act.
Penalty: Imprisonment
for life.
(2) A person commits
an offence under subsection (1) even if the terrorist act does not occur.
(3) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against subsection (1).
Division 102 Terrorist organisations
Subdivision A Definitions
102.1 Definitions
(1) In this Division:
member of an
organisation includes:
(a)
a person who is an informal member of the
organisation; and
(b)
a person who has taken steps to become a member of
the organisation; and
(c)
in the case of an organisation that is a body
corporate—a director or an officer of the body corporate.
recruit includes
induce, incite and encourage.
terrorist organisation
means:
(a)
an organisation that is directly or indirectly
engaged in, preparing, planning, assisting in or fostering the doing of a
terrorist act (whether or not the terrorist act occurs); or
(b)
an organisation that is specified by the
regulations for the purposes of this paragraph (see subsections (2),
(3) and (4)).
(2) Before the
Governor-General makes a regulation specifying an organisation for the
purposes of paragraph (b) of the definition of terrorist organisation in
this section, the Minister must be satisfied on reasonable grounds that:
(a)
the Security Council of the United Nations has
made a decision relating wholly or partly to terrorism; and
(b)
the organisation is identified in the decision, or
using a mechanism established under the decision, as an organisation to which
the decision relates; and
(c)
the organisation is directly or indirectly engaged
in, preparing, planning, assisting in or fostering the doing of a terrorist
act (whether or not the terrorist act has occurred or will occur).
(3) Regulations for
the purposes of paragraph (b) of the definition of terrorist organisation
in this section cease to have effect on the second anniversary of the day on
which they take effect. To avoid doubt, this subsection does not prevent:
(a)
the repeal of those regulations; or
(b)
the cessation of effect of those regulations under
subsection (4); or
(c)
the making of new regulations the same in
substance as those regulations (whether the new regulations are made or take
effect before or after those regulations cease to have effect because of this
subsection).
(4) A regulation
specifying an organisation for the purposes of paragraph (b) of the
definition of terrorist organisation in this section ceases to have effect
when:
(a)
the decision mentioned in paragraph (2) (a)
ceases to have effect; or
(b)
the organisation ceases to be identified as
described in paragraph (2) (b).
The regulation does
not revive even if the organisation is again identified as described in
paragraph (2) (b).
(5) To avoid doubt,
subsection (4) does not prevent:
(a)
the repeal of a regulation; or
(b)
the making of a regulation that is the same in
substance as a regulation that has ceased to have effect because of that
subsection.
(6) For the purpose of
making regulations specifying an organisation for the purposes of
paragraph (b) of the definition of terrorist organisation in this
section, it does not matter whether the relevant decision of the Security
Council of the United Nations was made before or after 6 July 2002.
Subdivision B Offences
102.2 Directing the activities of a terrorist
organisation
(1) A person commits
an offence if:
(a)
the person intentionally directs the activities of
an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person intentionally directs the activities of
an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the person is reckless as to whether the
organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
102.3 Membership of a terrorist organisation
(1) A person commits
an offence if:
(a)
the person intentionally is a member of an
organisation; and
(b)
the organisation is a terrorist organisation
because of paragraph (b) of the definition of terrorist organisation in
this Division (whether or not the organisation is a terrorist organisation
because of paragraph (a) of that definition also); and
(c)
the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment
for 10 years.
(2)
Subsection (1) does not apply if the person proves that he or she took
all reasonable steps to cease to be a member of the organisation as soon as
practicable after the person knew that the organisation was a terrorist
organisation.
Note . A defendant
bears a legal burden in relation to the matter in subsection (2) (see
section 13.4).
102.4 Recruiting for a terrorist organisation
(1) A person commits
an offence if:
(a)
the person intentionally recruits a person to
join, or participate in the activities of, an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the first-mentioned person knows the organisation
is a terrorist organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person intentionally recruits a person to
join, or participate in the activities of, an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the first-mentioned person is reckless as to
whether the organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
102.5 Training a terrorist organisation or
receiving training from a terrorist organisation
(1) A person commits
an offence if:
(a)
the person intentionally provides training to, or
intentionally receives training from, an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person intentionally provides training to, or
intentionally receives training from, an organisation; and
(b)
the organisation is a terrorist organisation; and
(c)
the person is reckless as to whether the
organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
102.6 Getting funds to or from a terrorist
organisation
(1) A person commits
an offence if:
(a)
the person intentionally receives funds from, or
makes funds available to, an organisation (whether directly or indirectly);
and
(b)
the organisation is a terrorist organisation; and
(c)
the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person intentionally receives funds from, or
makes funds available to, an organisation (whether directly or indirectly);
and
(b)
the organisation is a terrorist organisation; and
(c)
the person is reckless as to whether the
organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
(3)
Subsections (1) and (2) do not apply to the person’s receipt of
funds from the organisation if the person proves that he or she received the
funds solely for the purpose of the provision of:
(a)
legal representation for a person in proceedings
relating to this Division; or
(b)
assistance to the organisation for it to comply
with a law of the Commonwealth or a State or Territory.
Note . A defendant
bears a legal burden in relation to the matter in subsection (3) (see
section 13.4).
102.7 Providing support to a terrorist
organisation
(1) A person commits
an offence if:
(a)
the person intentionally provides to an
organisation support or resources that would help the organisation engage in
an activity described in paragraph (a) of the definition of terrorist
organisation in this Division; and
(b)
the organisation is a terrorist organisation; and
(c)
the person knows the organisation is a terrorist
organisation.
Penalty: Imprisonment
for 25 years.
(2) A person commits
an offence if:
(a)
the person intentionally provides to an
organisation support or resources that would help the organisation engage in
an activity described in paragraph (a) of the definition of terrorist
organisation in this Division; and
(b)
the organisation is a terrorist organisation; and
(c)
the person is reckless as to whether the
organisation is a terrorist organisation.
Penalty: Imprisonment
for 15 years.
Subdivision C General provisions relating to
offences
102.9 Extended geographical jurisdiction for
offences
Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this Division.
102.10 Alternative verdicts
(1) This section
applies if, in a prosecution for an offence (the prosecuted offence ) against
a subsection of a section of this Division, the trier of fact is not satisfied
that the defendant is guilty of the offence, but is satisfied beyond
reasonable doubt that the defendant is guilty of an offence (the alternative
offence ) against another subsection of that section.
(2) The trier of fact
may find the defendant not guilty of the prosecuted offence but guilty of the
alternative offence, so long as the defendant has been accorded procedural
fairness in relation to that finding of guilt.
Division 103 Financing terrorism
103.1 Financing terrorism
(1) A person commits
an offence if:
(a)
the person provides or collects funds; and
(b)
the person is reckless as to whether the funds
will be used to facilitate or engage in a terrorist act.
Penalty: Imprisonment
for life.
Note . Intention is
the fault element for the conduct described in paragraph (1) (a).
See subsection 5.6 (1).
(2) A person commits
an offence under subsection (1) even if the terrorist act does not occur.
(3) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against subsection (1).
Division 106 Transitional provisions
106.1 Saving—regulations made for the
purposes of the definition of terrorist organisation
(1) If:
(a)
regulations were made before commencement for the
purposes of paragraph (c) of the definition of terrorist organisation in
subsection 102.1 (1), as in force before commencement; and
(b)
the regulations were in force immediately before
commencement;
the regulations have
effect, after commencement, as if they had been made for the purposes of
paragraph (b) of the definition of terrorist organisation in
subsection 102.1 (1), as in force after commencement.
(2) In this section,
commencement means the commencement of this section.
