Commonwealth Numbered Acts

CRIMINAL CODE AMENDMENT (TERRORIST ORGANISATIONS) ACT 2004 NO. 7, 2004 - SCHEDULE 1

Criminal Code Act 1995

Repeal the subsection, substitute:

(2)

Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).

(2A)

Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

2 The Schedule (subsections 102.1(4), (5) and (6) of the Criminal Code )

Repeal the subsections, substitute:

(4)

If:

(a) an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
(b) the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur);

the Minister must, by written notice published in the Gazette , make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.

(5)

To avoid doubt, subsection (4) does not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the Minister becomes satisfied as mentioned in subsection (2).

(6)

If, under subsection (3) or (4), a regulation ceases to have effect, section 50 of the Acts Interpretation Act 1901 applies as if the regulation had been repealed.

3 The Schedule (at the end of section 102.1 of the Criminal Code )

Add:

(17)

If:

(a) an organisation (the listed organisation ) is specified in regulations made for the purposes of paragraph (b), (c), (d) or (e) of the definition of terrorist organisation in this section; and
(b) an individual or an organisation (which may be the listed organisation) makes an application (the de-listing application ) to the Minister for a declaration under subsection (4), (9), (10A) or (10C), as the case requires, in relation to the listed organisation; and
(c) the de-listing application is made on the grounds that there is no basis for the Minister to be satisfied that the listed organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur);

the Minister must consider the de-listing application.

(18)

Subsection (17) does not limit the matters that may be considered by the Minister for the purposes of subsections (4), (9), (10A) and (10C).

4 The Schedule (after section 102.1 of the Criminal Code )

Insert:

Review of listing regulation

(1)

If a regulation made after the commencement of this section specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1, the Parliamentary Joint Committee on ASIO, ASIS and DSD may:

(a) review the regulation as soon as possible after the making of the regulation; and
(b) report the Committee's comments and recommendations to each House of the Parliament before the end of the applicable disallowance period for that House.

Review of listing provisions

(2)

The Parliamentary Joint Committee on ASIO, ASIS and DSD has the following functions:

(a) to review, as soon as possible after the third anniversary of the commencement of this section, the operation, effectiveness and implications of subsections 102.1(2), (2A), (4), (5), (6), (17) and (18) as in force after the commencement of this section;
(b) to report the Committee's comments and recommendations to each House of the Parliament and to the Minister.

Review of listing regulation—extension of applicable disallowance period

(3)

If the Committee's report on a review of a regulation is tabled in a House of the Parliament:

(a) during the applicable disallowance period for that House; and
(b) on or after the eighth sitting day of the applicable disallowance period;

then whichever of the following provisions is applicable:

(c) subsections 48(4), (5) and (5A) and section 48B of the Acts Interpretation Act 1901 ;
(d) Part 5 of the Legislative Instruments Act 2003 ;
have or has effect, in relation to that regulation and that House, as if each period of 15 sitting days referred to in those provisions were extended in accordance with the table:

Applicable disallowance period

(4)

For the purposes of the application of this section to a regulation, the "applicable" disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the regulation, or a copy of the regulation, was laid before that House in accordance with whichever of the following provisions was applicable:

(a) paragraph 48(1)(c) of the Acts Interpretation Act 1901 ;
(b) section 38 of the Legislative Instruments Act 2003 .