Criminal Code Act. Australia

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СКАЧАТЬ style="font-size:15px;">      (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.

      superior court means:

      (a) the High Court; or

      (b) the Federal Court of Australia; or

      (c) the Family Court of Australia or of a State; or

      (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 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.

      (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 of actions relating to terrorist acts, to the extent of making laws with respect to that matter by making express amendment of this Part or 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) terminate.

      (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

      Operation in a referring State

      (1) 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.

      Operation in a non-referring State

      (2) 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: СКАЧАТЬ