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National Security Legislation Amendment Bill 2010

Schedule 2 Terrorism

Part 1 Terrorism

Classification (Publications, Films and Computer Games) Act 1995

1  Paragraph 9A(2)(c)

Before “risk”, insert “substantial”.

Criminal Code Act 1995

2  Paragraph 102.1(1A)(c) of the Criminal Code

Before “risk”, insert “substantial”.

3  Subsection 102.1(3) of the Criminal Code

Omit “second anniversary”, substitute “third anniversary”.

4  Transitional—existing regulations specifying organisations

The amendment of subsection 102.1(3) of the Criminal Code made by this Schedule:

                     (a)  applies to any regulation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1 of the Criminal Code that was in force immediately before the commencement of this item; and

                     (b)  does not apply to such a regulation that had ceased to have effect before that commencement.

5  Subsection 102.1A(1) of the Criminal Code

Omit “Committee on ASIO, ASIS and DSD”, substitute “Committee on Intelligence and Security”.

Note:       The heading to section 102.1A of the Criminal Code is altered by omitting “ Committee on ASIO, ASIS and DSD ” and substituting “ Committee on Intelligence and Security ”.

6  Subsection 102.1A(2) of the Criminal Code

Repeal the subsection.



 

Part 2 Miscellaneous

Criminal Code Act 1995

7  At the end of section 100.5 of the Criminal Code

Add:

             (3)  Despite subsections (1) and (2), sections 22A, 22B and 22C of the Acts Interpretation Act 1901 apply to this Part.

8  Subsection 102.1(1) of the Criminal Code (paragraph (a) of the definition of close family member )

Omit “, de facto spouse or same-sex partner”, substitute “or de facto partner”.

9  Subsection 102.1(1) of the Criminal Code (at the end of the definition of close family member )

Add:

Note:          See also subsection (19).

10  At the end of section 102.1 of the Criminal Code

Add:

           (19)  For the purposes of this Division, the close family members of a person are taken to include the following (without limitation):

                     (a)  a de facto partner of the person;

                     (b)  someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

                     (c)  anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a close family member of the person.

11  Subsection 105.35(3) of the Criminal Code (paragraph (a) of the definition of family member )

Omit “, de facto spouse or same-sex partner”, substitute “or de facto partner”.

12  At the end of section 105.35 of the Criminal Code

Add:

             (4)  For the purposes of this section, the family members of a person are taken to include the following (without limitation):

                     (a)  a de facto partner of the person;

                     (b)  someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

                     (c)  anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.

13  Subsections 272.3(2) and (3) of the Criminal Code

Repeal the subsections, substitute:

             (2)  Without limiting who is a grandparent of a person for the purposes of this section, a person (the first person ) is the grandparent of another person if the first person is a parent or step-parent of a parent or step-parent of the other person.

14  Subsection 390.1(1) of the Criminal Code (definition of child )

Repeal the definition.

15  Subsection 390.1(1) of the Criminal Code (paragraph (c) of the definition of close family member )

Omit “stepchild”, substitute “step-child”.

16  Subsection 390.1(1) of the Criminal Code (definition of de facto partner )

Repeal the definition.

17  Subsection 390.1(1) of the Criminal Code (definition of parent )

Repeal the definition.

18  Subsection 390.1(1) of the Criminal Code (definition of stepchild )

Repeal the definition.

19  Subsection 390.1(1) of the Criminal Code (definition of step-parent )

Repeal the definition.

20  Dictionary in the Criminal Code

Insert:

child : without limiting who is a child of a person for the purposes of this Code, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

21  Dictionary in the Criminal Code

Insert:

de facto partner has the meaning given by the Acts Interpretation Act 1901 .

22  Dictionary in the Criminal Code

Insert:

parent : without limiting who is a parent of a person for the purposes of this Code, someone is the parent of a person if the person is his or her child because of the definition of child in this Dictionary.

23  Dictionary in the Criminal Code

Insert:

step-child : without limiting who is a step-child of a person for the purposes of this Code, someone who is a child of a de facto partner of the person is the step-child of the person, if he or she would be the person’s step-child except that the person is not legally married to the partner.

24  Dictionary in the Criminal Code

Insert:

step-parent : without limiting who is a step-parent of a person for the purposes of this Code, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.