Terrorism and the law
What is terrorism?
When we hear the word terrorism, we generally think of a person or a group of people using or threatening to use violence against others to achieve their own political or religious advantage. More recently the violence used involves guns or bombs or other weapons designed to kill or hurt a number of people at one time.
A ‘terrorist act’ is defined under Australian law as:
an act or threat, intended to advance a political, ideological or religious cause by coercing or intimidating an Australian or foreign government or the public. This action must cause serious harm to people or property, create a serious risk to the health and safety to the public, or seriously disrupt trade, critical infrastructure or electronic systems.
Criminal Code Act 1995 (Commonwealth) A ‘terrorist incident’ is a combination of circumstances or conditions which may lead to or result from a terrorist act, and which require preventative and/or responsive action.
Find out more about what amounts to a terrorist act on the Australian Government's Department of Foreign Affairs and Trade website.
Terrorism law in Australia
When terrorist incidents have occurred throughout history, existing law was used to deal with the offenders after the event. Given the increase in the number and seriousness of terrorist incidents around the world, Australia has now developed specific laws to prevent terrorist attacks and deal appropriately with those involved in terrorism.
The nature of terrorism means its implications may cross jurisdictional boundaries. This, and the range of preventative measures and capabilities that may be required, necessitates that Australia maintain a national, cooperative approach to counter terrorism.
The Commonwealth has enacted specific anti–terrorism laws which can be found in the Criminal Code Act and Regulations 1995 (Commonwealth) at Part 5.3 Division 100 onwards. Criminal offences covering terrorism are primarily dealt with under the Commonwealth Criminal Code, which is intended to be comprehensive and uniform across Australia. NSW referred legislative powers to ensure this would happen through the Terrorism (Commonwealth Powers) Act 2002 (NSW).
More information about Commonwealth terrorism legislation can be found on the Australian National Security website.
Terrorist organisations
New South Wales (NSW) is able to use the Commonwealth legislation, so there is only one NSW specific terrorism offence. This is found in Crimes Act 1900 (NSW) at section 310J, which makes it an offence to intentionally be a member of a terrorist organisation if the person knows it is a terrorist organisation. What defines a terrorism organisation is explained in Commonwealth legislation.
If a person is a member of an organisation that they later find out is a terrorist organisation, provided they took all reasonable steps not to be a member of the terrorist organisation once they knew of it, they would not commit an offence.
More information about the listing of terrorist organisations and related legislation is available on the Australian National Security website.