Terrorism (Police Powers) Act 2002 (NSW)

Terrorism (Police Powers) Act 2002 No 115

An Act to give special powers to police officers to deal with terrorist acts; to amend the State Emergency and Rescue Management Act 1989 to give police officers additional powers to protect people in emergencies; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Terrorism (Police Powers) Act 2002.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definition of "terrorist act" (1) General In this Act, terrorist act means an action where— (a) the action falls within subsection (2) and does not fall within subsection (3), and (b) the action is done with the intention of advancing a political, religious or ideological cause, and (c) the action is done 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 included 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 excluded 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) Application In this section— (a) a reference to any person or property is a reference to any person or property wherever situated, within or outside the State (including within or outside Australia), and (b) a reference to the public includes a reference to the public of another State or Territory or of a country other than Australia.