STATUTORY INTERPRETATION QUESTION

In 2005, the Federal Parliament introduced the Terrorism Suppression and Deterrence Act 2005 (Cth).The most serious offence in the Act is committing a 'terrorist act'.The maximum penalty is life imprisonment.

In her Second Reading Speech introducing the bill, the Federal Attorney-General says:

This Bill advances commitments the government has made in the recent multi-lateral AntiTerrorism Treaty signed after a summit of South-East Asian nations in December 2004.At that summit, it was agreed that the War on Terror must be fought with extreme vigour on all fronts.The pro-active policing of this war requires a serious response to all threats and incidents, since organisations willing to use intimidation to achieve their aims may begin with seemingly minor incidents as a means of attracting converts to their cause.It was also agreed that terrorism was not just a threat to life and limb, but increasingly is expected to be directed at economic targets or public utilities.

'Terrorist act' is defined in s 4 of the Act:

s 4Definition of terrorist act

A terrorist act is any action or threat of action done with intent: a) to advance a political, religious or other ideological cause, and b) to coerce or influence by intimidation a government, or the public or a part of the public.

An action falls within this definition if it: a) endangers, or causes serious harm to, a person or property or other thing, or b) creates serious risk to or serious interference with public safety or convenience.

Note: A peaceful protest action is not caught by this definition.

Kenny is a member of Chicken Liberation, an organisation committed to using direct action to reduce the suffering of battery chickens and raise awareness of that issue.(Battery hens are chickens kept inside tiny cages, inside large barns, and intensively farmed for their eggs or flesh.) Kenny broke in to one of the largest MegaCoop battery chicken farms outside Armidale one moonlit night. He was wearing all black clothing, heavy gloves and a balaclava.He broke in using bolt-cutters to cut a hole in the wire fence surrounding the main barn, and then picked a lock on a side door of a barn.In doing so, he accidentally cut an electrified wire.

Once inside, he contacted several television networks.He then proceeded to cut open approximately 50 locks on individual cages, releasing the birds in those cages.Having never known life outside a cage, many could barely walk.None could fly.He herded the crippled birds towards the hole in the fence and erected several large placards with slogans such as 'MegaCoop = Chook murder' and 'For Chooks' Sake - Close Down Battery Farms'.As the television cameras filmed the placards and the most crippled of the escaping birds, security arrived and Kenny was arrested.

Mega-Coop managed to repair the physical damage within a few days.But one of its employees suffered second-degree skin burns when he stumbled over the cut electrified wire (though the current of course was not high enough to threaten human life).The television footage, however, was broadcast widely, and Mega-Coop's reputation and share price have suffered badly.

Is Kenny liable to be found guilty of committing a 'terrorist act'?

(NOTE THIS IS IN AUSTRALIA)