act” if it is intended to cause, in one or more countries, any of a number of prohibited
outcomes (including death or serious bodily injury, serious risk to health and major damage
to property of great value and importance). In addition, the act must be carried out for the
purpose of advancing an ideological, political or religious cause with the intention of
inducing terror in a civilian population or unduly to compel or force a government or
international organisation to do or abstain from doing any act. However, a proviso to this
definition states that the fact that a person engages in any protest, advocacy or dissent or
engages in any strike, lockout or other industrial actions is not, by itself, a sufficient basis for
inferring that a person is carrying out an act for one of the specified purposes or intends to
cause a specified outcome.
We note that the Terrorism Suppression Act requires that a select committee247 investigate
the operation of the anti-terrorism provisions as soon as practicable after 1 December 2004
and consider whether they should be retained or repealed, or if any amendments are
necessary.
The Counter Terrorism Bill, as originally introduced, would have remained as a stand alone
Act focussed on terrorism. However, following submissions during the parliamentary
process, the provisions were instead incorporated into the Terrorism Suppression Act and
existing criminal law statutes.
A number of additional terrorist offences were created, including harboring or concealing
terrorists, use and movement of unmarked plastic explosives, use (or threatened use),
movement or theft of nuclear material and the importation or acquisition of radioactive
material. Offences of environmental terrorism relating to animals or crops and contamination
of food, crops, water or other products were also created. In addition, an offence of
threatening to do acts of terrorism for the purpose of causing significant disruption was
created and terrorism was made an aggravating factor for sentencing purposes.
Amendments were made allowing interception warrants to be issued by a High Court Judge if
there are reasonable grounds for suspecting a terrorist offence has, is, or may be committed.
247
Select Committees are parliamentary committees composed of Members of Parliament from all political
parties. Standing committees consider Bills in particular subject areas or an ad hoc committee may be
established for some special purpose.
114