Making sense of the Terrorism Suppression Act
So this led me to think what exactly did the Solicitor-General have problems with? The act is here. To give a flavour of what must have caused the Solicitor-General to start beating himself senseless against a brick wall, Terrorism Acts are defined in s5(1) as:
1) An act is a terrorist act for the purposes of this Act if—Subsection 2) states that the act is terrorism if it is intended to cause certain outcomes that are listed in subsection 3) and that these acts are carried out with a purpose and also with certain intentions. So in order to assess whether my plans to blow up the Beehive (for the sake of an example I assure you) is terrorism, the police must not only ascertain the likely outcome but also my intentions as well as my purpose. Why my intentions and purposes should be considered separately, I have no idea. Moving on:
(a) the act falls within subsection (2); or
(b)the act is an act against a specified terrorism convention (as defined in section 4(1)); orThe specified terrorism conventions are defined in section 4(1) as being specific treaties listed in Schedule 2. So why did the act not say instead "as listed in Schedule 3"? Looking at the next subsection:
(c)the act is a terrorist act in armed conflict (as defined in section 4(1)).The definition in s4(1) for some reason fails to describe what an armed conflict is or what the acceptable means of armed conflict is. Have a look at s13:
(1)A person commits an offence who participates in a group or organisation for the purpose stated in subsection (2), knowing that the group or organisation is—Two subsections both of which refer to each other. It would have been much simpler to define "terrorist group" in s4 so that s13 can be rewritten as:
(a) an entity that is for the time being designated under this Act as a terrorist entity; or
(b) an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.
(2)The purpose referred to in subsection (1) is to enhance the ability of any entity (being an entity of the kind referred to in subsection (1)(a) or (b)) to carry out, or to participate in the carrying out of, 1 or more terrorist acts.
A person commits an offence by knowingly participating in a terrorist group to either enhance its capability to carry out terrorist acts or to carry out one or more terrorist acts or both.See the difference? Why couldn't Margaret Wilson?