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University of Wollongong

2012

Legislation

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Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose Jan 2012

Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission relates to only selected federal Criminal Code counter-terrorism (CT) laws, although recognising that national CT criminal laws form merely part a small part of the national effort required to combat extremist political violence. It suggests several of the CT provisions in which clarity could be improved.

Assessment of the federal CT laws against the criterion of necessity indicates that, although the CT criminal offences update or extend prior legislation, most prior legislation remains on the books, and overlap occurs. Yet, in another respect, they do not overlap with other extant crimes of violence. The intention of terrorism perpetrators, …