Counter-Terrorism Legislation Bill

  • enacted
9 New section 6B inserted (Terrorist act: planning or other preparations to carry out)

After section 6A, insert:

6B Terrorist act: planning or other preparations to carry out
Offence

(1)

A person commits an offence if

(a)

the person carries out a terrorist act (within the meaning of section 5A(1)(a)) by planning or other preparations to carry out the act, whether it is actually carried out or not; and

(b)

the planning done is, or other preparations made are, for the purposes of section 72(2) of the Crimes Act 1961, only preparation for the commission of, and too remote to constitute an attempt to commit, an offence against section 6A(1).

(2)

Subsection (1) does not apply to planning or other preparations to

(a)

plan or make other preparations to carry out the act, whether it is actually carried out or not; or

(b)

make a credible threat to carry out the act, whether it is actually carried out or not; or

(c)

attempt to carry out the act.

(1)

A person commits an offence if the person carries out a terrorist act (within the meaning of section 5A(1)(a)) by planning or other preparations to carry out the act, whether it is actually carried out or not.

(2)

Subsection (1) applies only to planning done that is, or to other preparations made that are,

(a)

not carrying out a terrorist act within the meaning given in section 5A(1)(b), (c), and (d); and

(b)

for the purposes of section 72(2) of the Crimes Act 1961, too remote to constitute an attempt to commit an offence against section 6A(1).

(3)

In a prosecution for an offence against subsection (1), the prosecutor—

(a)

must prove that the planning done is, or the other preparations made are, for an act that is, or if it were actually carried out would be, a terrorist act as defined in section 5(1)(a), (b), or (c); and

(b)

in particular, if that act falls within section 5(2) (in a case to which section 5(1)(a) applies), must prove the intention and purpose elements in section 5(2) and (3); but

(c)

in a case to which section 5(1)(a), (b), or (c) applies, need not prove a specific target, location, date, or time for that act.

Penalty

(4)

A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 7 years.

Conspiring to commit offence, and attempt to commit or procure commission

(5)

Sections 72, 310, and 311 of the Crimes Act 1961 do not apply to an offence against subsection (1).