Schedule
-
The Criminal Code
Section
3
CHAPTER 5
-
THE SECURITY OF THE COMMONWEALTH
Part 5.3
-
Terrorism
Division 102
-
Terrorist organisations
Subdivision A
-
Definitions
SECTION 102.1A
Reviews by Parliamentary Joint Committee on Intelligence and Security
(1)
This section applies in relation to the following legislative instruments:
(a)
a regulation that specifies an organisation for the purposes of paragraph (b) of the definition of
terrorist organisation
in section
102.1
;
(b)
an instrument made under section
102.1AA
.
History
S 102.1A(1) amended by No 113 of 2023, s 3 and Sch 4 item 16, by substituting
"
legislative
"
for
"
disallowable
"
, effective 5 February 2024.
S 102.1A(1) substituted by No 134 of 2014, s 3 and Sch 1 item 1, effective 9 January 2015. S 102.1A(1) formerly read:
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 Intelligence and Security 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.
S 102.1A(1) amended by No 127 of 2010, s 3 and Sch 2 item 5, by substituting
"
Committee on Intelligence and Security
"
for
"
Committee on ASIO, ASIS and DSD
"
, effective 25 November 2010.
(2)
The Parliamentary Joint Committee on Intelligence and Security may:
(a)
review the legislative instrument at any time; and
(b)
report the Committee
'
s comments and recommendations to each House of the Parliament.
History
S 102.1A(2) amended by No 113 of 2023, s 3 and Sch 4 item 18, by substituting para (a) and (b), effective 5 February 2024. Para (a) and (b) formerly read:
(a)
review the disallowable instrument as soon as possible after the making of the instrument; 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.
S 102.1A(2) inserted by No 134 of 2014, s 3 and Sch 1 item 1, effective 9 January 2015.
S 102.1A(2) repealed by No 127 of 2010, s 3 and Sch 2 item 6, effective 25 November 2010. S 102.1A(2) formerly read:
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 disallowable legislative instrument
-
extension of disallowance period
(3)
If the Committee
'
s report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection
(2)
:
(a)
during the applicable disallowance period for that House; and
(b)
on or after the eighth sitting day of the applicable disallowance period;
then Part
2
of Chapter
3
of the
Legislation Act 2003
has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:
Extension of applicable disallowance period
|
Item
|
If the Committee
'
s report is tabled in that House
…
|
extend the period of 15 sitting days by
…
|
1 |
on the fifteenth sitting day of the applicable disallowance period |
8 sitting days of that House |
2 |
on the fourteenth sitting day of the applicable disallowance period |
7 sitting days of that House |
3 |
on the thirteenth sitting day of the applicable disallowance period |
6 sitting days of that House |
4 |
on the twelfth sitting day of the applicable disallowance period |
5 sitting days of that House |
5 |
on the eleventh sitting day of the applicable disallowance period |
4 sitting days of that House |
6 |
on the tenth sitting day of the applicable disallowance period |
3 sitting days of that House |
7 |
on the ninth sitting day of the applicable disallowance period |
2 sitting days of that House |
8 |
on the eighth sitting day of the applicable disallowance period |
1 sitting day of that House |
History
S 102.1A(3) amended by No 113 of 2023, s 3 and Sch 4 items 20
-
22, by inserting
"
legislative
"
(first occurring),
"
under subsection (2)
"
and
"
legislative
"
(second occurring), effective 5 February 2024.
S 102.1A(3) amended by No 126 of 2015, s 3 and Sch 1 item 153, by substituting
"
Part 2 of Chapter 3 of the
Legislation Act 2003
"
for
"
Part 5 of the
Legislative Instruments Act 2003
"
, effective 5 March 2016.
S 102.1A(3) amended by No 134 of 2014, s 3 and Sch 1 items 3 and 4, by substituting
"
disallowable instrument
"
for
"
regulation
"
(first occurring) and
"
then Part 5 of the
Legislative Instruments Act 2003
has effect, in relation to that disallowable instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table
"
for all the words from
"
then whichever
"
to
"
in accordance with the table
"
, effective 9 January 2015. Those words formerly read:
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)
The
applicable disallowance period
for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section
38
of the
Legislation Act 2003
.
History
S 102.1A(4) amended by No 113 of 2023, s 3 and Sch 4 item 23, by inserting
"
legislative
"
(wherever occurring), effective 5 February 2024.
S 102.1A(4) amended by No 126 of 2015, s 3 and Sch 1 item 154, by substituting
"
Legislation Act 2003
"
for
"
Legislative Instruments Act 2003
"
, effective 5 March 2016.
S 102.1A(4) substituted by No 134 of 2014, s 3 and Sch 1 item 5, effective 9 January 2015. S 102.1A(4) formerly read:
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
.
S 102.1A inserted by No 7 of 2004, s 3 and Sch 1 item 4, effective 10 March 2004.