Terrorist Acts

Author: Bill Doogue

Practice area: Commonwealth offences

Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.

View full profile →

Bill authored this content and last revised it for accuracy on 7 August 2026.

What is the offence of Terrorist Acts?

Terrorist Acts under section 101.1 of the Criminal Code Act 1995 (Cth) concern conduct carried out for political, religious or ideological purposes that is intended to influence government decision-making or intimidate the public. The offence targets serious acts or threats connected to large-scale harm or disruption.

Key points

Legal element: The accused must have engaged in a “terrorist act” as defined in the Criminal Code.
Type of conduct: An action or threat causing serious harm, major property damage, risk to public safety, or disruption to electronic systems.
Court level: Heard in the Supreme Court.

The maximum penalty for Terrorist Acts is Imprisonment for life.

Common defences may include Disputing that the conduct amounted to a terrorist act, arguing it was not terrorism, or challenging identification.

Have you been accused of Terrorist Acts?

Police Interview

Allegations of Terrorist Acts should be taken very seriously. Before you speak with police, it is important that you receive legal advice. One of our experienced criminal lawyers can advise you about what should be said during a Police interview. You may want to know:

Should I make a statement to Police?
Should I attend a Police interview?
Do I need to give my DNA?
Will the Police leave me alone if I explain my side of the story?
Will I be remanded?

If the Police want to speak with you about an allegation terrorist acts, speak with one of our experienced lawyers first. Anything you tell the Police without advice can make running a defence in Court more difficult later on.

One of our lawyers can also attend the Police station with you if you would like the support of a lawyer during the interview.

Pleading Not Guilty

Our lawyers have assisted clients face charges of Terrorist Acts. In addition to our experienced criminal solicitors, we have in-house counsel who run our contested hearings and trials. By engaging with our in-house counsel early on, you will be taking steps to ensure the best possible outcome in relation to your charge of Terrorist Acts.

Allegations of terrorism are taken seriously by the Police and the Courts and must be given priority. There may be evidence which can assist that needs to be secured.

We believe it is very important for our clients to understand what they are facing. Preparing a case strategy early will increase the chances of this charge being withdrawn or leading to an acquittal.

Pleading Guilty

Allegations of Terrorist Acts must b treated seriously and given proper consideration. We can review the brief of evidence and advise you of your prospects of successfully defending the charge of Terrorist Acts. If the case against you is strong and you decide to plead guilty, one of our lawyers can represent you in Court.

Our lawyers are experienced Court advocates and will provide you with clear advice of how you can best prepare before Court to get the best possible outcome.

Which court will the case be heard in?

The charge of Terrorist Acts is a very serious offence which is heard in the Supreme Court.

What is the legal definition of Terrorist Acts?

A person commits an offence if the person engages in a terrorist act.

Penalty: Imprisonment for life.

Have you been accused of terrorism?

Examples of Terrorist Acts

Driving a vehicle into a public place religious purposes.
Using a firearm in a public place for political purposes.
Blackmailing an arm of the government for ideological purposes.

Legislation

The legislation for this offence can be found on section 101.1 of Criminal Code Act 1995.

Elements of the offence

In essence to prove this charge the Prosecution must show that the accused engaged in a terrorist act.

A terrorist act is defined as an action or threat of action that is motivated by politics, ideology and/or religion and causes substantial damage or injury to government or people.

Defences

Defences to this could be that the accused did not engage in a terrorist act, that the accused’s act was not terrorism or wrongful identification.

Questions in cases like this

Was it an act of terrorism?
What was the scale of the alleged act of terrorist?
Was it motivated by religion, ideology or religion?

You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

Maximum penalty for section 101.1 of the Commonwealth Criminal Code Act 1995

A person found guilty of (s101.1 of the Commonwealth Criminal Code Act 1995) may be sentenced to a maximum penalty of imprisonment for life.

Other important resources

FAQs About Terrorist Acts

Can a politically motivated attack in a public place be treated as a terrorist act?

Yes. Conduct such as using a vehicle or firearm in a public place for political or religious purposes can fall within the offence where it is carried out with the required ideological motivation and involves serious harm, danger, or damage.

Does blackmailing the government for ideological reasons count as terrorism?

Blackmail directed at an arm of government for ideological purposes is given as an example of conduct that may amount to a terrorist act, particularly where it is intended to coerce or influence government action.

Is serious property damage enough to trigger a terrorist act charge?

Serious damage to property can satisfy part of the definition where it is connected to politically, religiously or ideologically motivated conduct and meets the required level of seriousness set out in the legislation.

Can creating a serious risk to public health or safety amount to terrorism?

Yes. Conduct that endangers life or creates a serious risk to public health or safety may fall within the definition when it is carried out with the necessary political, religious or ideological purpose.

Is interfering with electronic systems considered a terrorist act?

Interfering with, disrupting or destroying electronic systems is specifically included in the definition where the conduct is motivated by political, religious or ideological objectives and is intended to influence government or intimidate the public.

What factors are commonly examined in terrorism cases?

Issues often examined include whether the conduct was truly an act of terrorism, the scale of the alleged act, and whether it was genuinely motivated by religion or ideology as required by the legislation.