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 102.1
Definitions
(1)
In this Division:
advocate
has the meaning given by subsection
(1A)
.
History
Definition of
"
advocate
"
inserted by No 144 of 2005, s 3 and Sch 1 item 2, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
associate
: a person associates with another person if the person meets or communicates with the other person.
History
Definition of
"
associate
"
inserted by No 124 of 2004, s 3 and Sch 3 item 1, effective 17 August 2004.
close family member
of a person (the
first person
) means:
(a)
the first person
'
s spouse or de facto partner; or
(b)
a parent, step-parent or grandparent of the first person; or
(c)
any other person who would be a parent, step-parent or grandparent of the first person if the first person were a child (within the meaning of Part
VII
of the
Family Law Act 1975
) of the other person or a third person; or
(d)
a child, step-child or grandchild of the first person; or
(e)
any other person who would be a step-child or grandchild of the first person if the other person were a child (within the meaning of Part
VII
of the
Family Law Act 1975
) of a third person; or
(f)
a brother, sister, step-brother or step-sister of the first person; or
(g)
any other person who would be a brother, sister, step-brother or step-sister of the first person if the other person were a child (within the meaning of Part
VII
of the
Family Law Act 1975
) of a third person; or
(h)
a guardian or carer of the first person.
History
Definition of
"
close family member
"
substituted by No 131 of 2021, s 3 and Sch 1 item 5, effective 9 December 2021. The definition formerly read:
close family member
of a person means:
(a)
the person
'
s spouse or de facto partner; or
(b)
a parent, step-parent or grandparent of the person; or
(c)
a child, step-child or grandchild of the person; or
(d)
a brother, sister, step-brother or step-sister of the person; or
(e)
a guardian or carer of the person.
Note:
See also subsection
(19)
.
Definition of
"
close family member
"
amended by No 127 of 2010, s 3 and Sch 2 items 8 and 9, by substituting
"
or de facto partner
"
for
"
, de facto spouse or same-sex partner
"
and inserting the note at the end, effective 25 November 2010.
Definition of
"
close family member
"
inserted by No 124 of 2004, s 3 and Sch 3 item 2, effective 17 August 2004.
Hamas organisation
(Repealed by No 144 of 2005)
History
Definition of
"
Hamas organisation
"
repealed by No 144 of 2005, s 3 and Sch 1 item 3, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
, effective 15 December 2005. The definition formerly read:
Hamas organisation
means:
(a)
Hamas
'
Izz al-Din al-Qassam Brigades (by whatever name that organisation is known from time to time); or
(b)
an organisation derived from that organisation.
Definition of
Hamas organisation
inserted by No 109 of 2003, s 3 and Sch 1 item 1, effective 2 November 2003.
Hizballah organisation
(Repealed by No 144 of 2005)
History
Definition of
"
Hizballah organisation
"
repealed by No 144 of 2005, s 3 and Sch 1 item 4, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
, effective 15 December 2005. The definition formerly read:
Hizballah organisation
means:
(a)
the Hizballah External Security Organisation (by whatever name that organisation is known from time to time); or
(b)
an organisation derived from that organisation.
Lashkar-e-Tayyiba organisation
(Repealed by No 144 of 2005)
History
Definition of
"
Lashkar-e-Tayyiba organisation
"
repealed by No 144 of 2005, s 3 and Sch 1 item 5, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
, effective 15 December 2005. The definition formerly read:
Lashkar-e-Tayyiba organisation
means:
(a)
the Lashkar-e-Tayyiba organisation (by whatever name that organisation is known from time to time); or
(b)
an organisation derived from that organisation.
Definition of
Lashkar-e-Tayyiba organisation
inserted by No 109 of 2003, s 3 and Sch 1 item 2, effective 2 November 2003.
member
of an organisation includes:
(a)
a person who is an informal member of the organisation; and
(b)
a person who has taken steps to become a member of the organisation; and
(c)
in the case of an organisation that is a body corporate
-
a director or an officer of the body corporate.
recruit
includes induce, incite and encourage.
terrorist organisation
means:
(a)
an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b)
an organisation that is specified by the regulations for the purposes of this paragraph (see subsections
(2)
,
(2A)
and
(4B)
and section
102.1AA
).
(c)
(Repealed by No 144 of 2005)
(d)
(Repealed by No 144 of 2005)
(e)
(Repealed by No 144 of 2005)
History
Definition of
"
terrorist organisation
"
amended by No 113 of 2023, s 3 and Sch 4 item 6, by substituting
"
(4B)
"
for
"
(4)
"
in para (b), effective 5 February 2024.
Definition of
"
terrorist organisation
"
amended by No 113 of 2023, s 3 and Sch 4 items 1 and 2, by substituting
"
(2A)
"
for
"
(3)
"
in para (b) and inserting
"
and section 102.1AA
"
in para (b), effective 5 February 2024.
Definition of
"
terrorist organisation
"
amended by No 116 of 2014, s 3 and Sch 1 item 63, by omitting
"
(whether or not a terrorist act occurs)
"
after
"
terrorist act
"
in para (a), effective 1 December 2014.
Definition of
"
terrorist organisation
"
amended by No 144 of 2005, s 3 and Sch 1 items 6 to 8, by substituting
"
a terrorist act
"
for
"
the terrorist act
"
after
"
(whether or not
"
in para (a), substituting
"
(4)).
"
for
"
(4)); or
"
in para (b) and repealing paras (c), (d) and (e), effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
. Paras (c), (d) and (e) formerly read:
(c)
a Hizballah organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections
(7)
,
(8)
and
(9)
); or
(d)
a Hamas organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections
(7)
,
(8)
and
(10A)
); or
(e)
a Lashkar-e-Tayyiba organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections
(7)
,
(8)
and
(10C)
).
Definition of
terrorist organisation
amended by No 109 of 2003, s 3 and Sch 1 item 3, effective 2 November 2003.
(1A)
Definition of
advocates
.
In this Division, an organisation
advocates
the doing of a terrorist act if:
(a)
the organisation directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b)
the organisation directly or indirectly provides instruction on the doing of a terrorist act; or
(c)
the organisation directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.
History
S 102.1(1A) amended by No 116 of 2014, s 3 and Sch 1 item 64, by inserting
"
, promotes, encourages
"
in para (a), effective 1 December 2014.
S 102.1(1A) amended by No 127 of 2010, s 3 and Sch 2 item 2, by inserting
"
substantial
"
before
"
risk
"
in para (c), effective 25 November 2010.
S 102.1(1A) amended by No 42 of 2010, s 3 and Sch 1 item 3, by omitting
"
(within the meaning of section
7.3
)
"
after
"
or any mental impairment
"
in para (c), effective 15 April 2010.
S 102.1(1A) inserted by No 144 of 2005, s 3 and Sch 1 item 9, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1).
(2)
Terrorist organisation regulations.
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 AFP Minister must be satisfied on reasonable grounds that the organisation:
(a)
is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b)
advocates the doing of a terrorist act.
History
S 102.1(2) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
72.28
.
S 102.1(2) amended by No 116 of 2014, s 3 and Sch 1 item 65, by omitting
"
(whether or not a terrorist act has occurred or will occur)
"
wherever occurring, effective 1 December 2014.
S 102.1(2) substituted by No 144 of 2005, s 3 and Sch 1 item 10, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(2) formerly read:
(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).
S 102.1(2) and (2A) substituted for s 102.1(2) by No 7 of 2004, s 3 and Sch 1 item 1, effective 10 March 2004. S 102.1(2) formerly read:
(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:
(a)
the Security Council of the United Nations has made a decision relating wholly or partly to terrorism; and
(b)
the organisation is identified in the decision, or using a mechanism established under the decision, as an organisation to which the decision relates; and
(c)
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 AFP Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
History
S 102.1(2A) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
72.28
.
S 102.1(2) and (2A) substituted for s 102.1(2) by No 7 of 2004, s 3 and Sch 1 item 1, effective 10 March 2004.
(3)
(Repealed by No 113 of 2023)
History
S 102.1(3) repealed by No 113 of 2023, s 3 and Sch 4 item 3, effective 5 February 2024. S 102.1(3) formerly read:
(3)
Regulations for the purposes of paragraph (b) of the definition of
terrorist organisation
in this section cease to have effect on the third anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
(a)
the repeal of those regulations; or
(b)
the cessation of effect of those regulations under subsection (4); or
(c)
the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).
S 102.1(3) amended by No 127 of 2010, s 3 and Sch 2 item 3, by substituting
"
third anniversary
"
for
"
second anniversary
"
, effective 25 November 2010..
Act No 127 of 2010, s 3 and Sch 2 item 4 contains the following transitional provisions, effective 25 November 2010:
4 Transitional
-
existing regulations specifying organisations
4
The amendment of subsection 102.1(3) of the
Criminal Code
made by this Schedule:
(a)
applies to any regulation for the purposes of paragraph (b) of the definition of
terrorist organisation
in section 102.1 of the
Criminal Code
that was in force immediately before the commencement of this item; and
(b)
does not apply to such a regulation that had ceased to have effect before that commencement.
(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 AFP Minister ceases to be satisfied of either of the following (as the case requires):
(i)
that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act;
(ii)
that the organisation advocates the doing of a terrorist act;
the AFP Minister must, by written notice published in the
Gazette
, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.
History
S 102.1(4) amended by No 113 of 2023, s 3 and Sch 4 item 7, by omitting
"
The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.
"
after
"
be so satisfied.
"
, effective 5 February 2024.
S 102.1(4) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
(wherever occurring), effective 11 May 2018. For transitional rules, see note under s
72.28
.
S 102.1(4) amended by No 116 of 2014, s 3 and Sch 1 item 65, by omitting
"
(whether or not a terrorist act has occurred or will occur)
"
wherever occurring, effective 1 December 2014.
S 102.1(4) amended by No 144 of 2005, s 3 and Sch 1 item 11, by substituting para (b), effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). Para (b) formerly read:
(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);
S 102.1(4), (5) and (6) substituted by No 7 of 2004, s 3 and Sch 1 item 2, effective 10 March 2004. S 102.1(4) formerly read:
(4)
A regulation specifying an organisation for the purposes of paragraph (b) of the definition of
terrorist organisation
in this section ceases to have effect when:
(a)
the decision mentioned in paragraph (2)(a) ceases to have effect; or
(b)
the organisation ceases to be identified as described in paragraph (2)(b).
The regulation does not revive even if the organisation is again identified as described in paragraph (2)(b).
(4A)
The declaration must specify the day on which the Minister ceased to be so satisfied.
History
S 102.1(4A) inserted by No 113 of 2023, s 3 and Sch 4 item 8, effective 5 February 2024.
(4B)
The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection
(4A)
, even if that day occurred before the day on which the declaration is made.
History
S 102.1(4B) inserted by No 113 of 2023, s 3 and Sch 4 item 8, effective 5 February 2024.
(5)
To avoid doubt, subsections
(4)
to
(4B)
do 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 AFP Minister becomes satisfied as mentioned in subsection
(2)
.
History
S 102.1(5) amended by No 113 of 2023, s 3 and Sch 4 item 9, by substituting
"
subsections (4) to (4B) do
"
for
"
subsection (4) does
"
, effective 5 February 2024.
S 102.1(5) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
72.28
.
S 102.1(4), (5) and (6) substituted by No 7 of 2004, s 3 and Sch 1 item 2, effective 10 March 2004. S 102.1(5) formerly read:
(5)
To avoid doubt, subsection (4) does not prevent:
(a)
the repeal of a regulation; or
(b)
the making of a regulation that is the same in substance as a regulation that has ceased to have effect because of that subsection.
(6)
(Repealed by No 126 of 2015)
History
S 102.1(6) repealed by No 126 of 2015, s 3 and Sch 1 item 152, effective 5 March 2016. S 102.1(6) formerly read:
(6)
If, under subsection (3) or (4), a regulation ceases to have effect, section 15 of the
Legislative Instruments Act 2003
applies as if the regulation had been repealed.
S 102.1(6) amended by No 144 of 2005, s 3 and Sch 1 item 12, by substituting
"
section 15 of the
Legislative Instruments Act 2003
"
for
"
section 50 of the
Acts Interpretation Act 1901
"
, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1).
S 102.1(4), (5) and (6) substituted by No 7 of 2004, s 3 and Sch 1 item 2, effective 10 March 2004. S 102.1(6) formerly read:
(6)
For the purpose of making regulations specifying an organisation for the purposes of paragraph (b) of the definition of
terrorist organisation
in this section, it does not matter whether the relevant decision of the Security Council of the United Nations was made before or after 6 July 2002.
(7)
(Repealed by No 144 of 2005)
History
S 102.1(7) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(7) formerly read:
(7)
Before the Governor-General makes a regulation specifying:
(a)
a Hizballah organisation for the purposes of paragraph (c) of the definition of
terrorist organisation
in this section; or
(b)
a Hamas organisation for the purposes of paragraph (d) of the definition of
terrorist organisation
in this section; or
(c)
a Lashkar-e-Tayyiba organisation for the purposes of paragraph (e) 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).
S 102.1(7) substituted by No 109 of 2003, s 3 and Sch 1 item 4, effective 2 November 2003.
(8)
(Repealed by No 144 of 2005)
History
S 102.1(8) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(8) formerly read:
(8)
Regulations for the purposes of paragraph (c), (d) or (e) of the definition of
terrorist organisation
in this section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
(a)
the repeal of those regulations; or
(b)
the cessation of effect of those regulations under subsection
(9)
,
(10A)
or
(10C)
; or
(c)
the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).
S 102.1(8) amended by No 109 of 2003, s 3 and Sch 1 items 5 and 6, effective 2 November 2003.
(9)
(Repealed by No 144 of 2005)
History
S 102.1(9) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(9) formerly read:
(9)
If:
(a)
a Hizballah organisation is specified by regulations made for the purposes of paragraph (c) 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.
(10)
(Repealed by No 144 of 2005)
History
S 102.1(10) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(10) formerly read:
(10)
To avoid doubt, subsection
(9)
does not prevent a Hizballah organisation from being subsequently specified by regulations made for the purposes of paragraph (c) of the definition of
terrorist organisation
in this section if the Minister again becomes satisfied as mentioned in subsection
(7)
.
(10A)
(Repealed by No 144 of 2005)
History
S 102.1(10A) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(10A) formerly read:
(10A)
If:
(a)
a Hamas organisation is specified by regulations made for the purposes of paragraph (d) 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.
S 102.1(10A) inserted by No 109 of 2003, s 3 and Sch 1 item 7, effective 2 November 2003.
(10B)
(Repealed by No 144 of 2005)
History
S 102.1(10B) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(10B) formerly read:
(10B)
To avoid doubt, subsection
(10A)
does not prevent a Hamas organisation from being subsequently specified by regulations made for the purposes of paragraph (d) of the definition of
terrorist organisation
in this section if the Minister again becomes satisfied as mentioned in subsection
(7)
.
S 102.1(10B) inserted by No 109 of 2003, s 3 and Sch 1 item 7, effective 2 November 2003.
(10C)
(Repealed by No 144 of 2005)
History
S 102.1(10C) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(10C) formerly read:
(10C)
If:
(a)
a Lashkar-e-Tayyiba organisation is specified by regulations made for the purposes of paragraph (e) 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.
S 102.1(10C) inserted by No 109 of 2003, s 3 and Sch 1 item 7, effective 2 November 2003.
(10D)
(Repealed by No 144 of 2005)
History
S 102.1(10D) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(10D) formerly read:
(10D)
To avoid doubt, subsection
(10C)
does not prevent a Lashkar-e-Tayyiba organisation from being subsequently specified by regulations made for the purposes of paragraph (e) of the definition of
terrorist organisation
in this section if the Minister again becomes satisfied as mentioned in subsection
(7)
.
S 102.1(10D) inserted by No 109 of 2003, s 3 and Sch 1 item 7, effective 2 November 2003.
(11)
(Repealed by No 144 of 2005)
History
S 102.1(11) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(11) formerly read:
(11)
If:
(a)
at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Hizballah 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); and
(b)
at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
(i)
a regulation will be made specifying the organisation for the purposes of paragraph (c) of the definition of
terrorist organisation
in this section; and
(ii)
the regulation will take effect at the time of the announcement; and
(c)
the regulation is made within 60 days after the day on which the
Criminal Code Amendment (Hizballah) Act 2003
receives the Royal Assent;
the regulation takes effect at the time of the announcement.
(11A)
(Repealed by No 144 of 2005)
History
S 102.1(11A) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(11A) formerly read:
(11A)
If:
(a)
at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Hamas 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); and
(b)
at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
(i)
a regulation will be made specifying the organisation for the purposes of paragraph (d) of the definition of
terrorist organisation
in this section; and
(ii)
the regulation will take effect at the time of the announcement; and
(c)
the regulation is made within 60 days after the day on which the
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003
receives the Royal Assent;
the regulation takes effect at the time of the announcement.
S 102.1(11A) inserted by No 109 of 2003, s 3 and Sch 1 item 8, effective 2 November 2003.
(11B)
(Repealed by No 144 of 2005)
History
S 102.1(11B) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under s 102.1(1). S 102.1(11B) formerly read:
(11B)
If:
(a)
at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Lashkar-e-Tayyiba 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); and
(b)
at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
(i)
a regulation will be made specifying the organisation for the purposes of paragraph (e) of the definition of
terrorist organisation
in this section; and
(ii)
the regulation will take effect at the time of the announcement; and
(c)
the regulation is made within 60 days after the day on which the
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003
receives the Royal Assent;
the regulation takes effect at the time of the announcement.
S 102.1(11B) inserted by No 109 of 2003, s 3 and Sch 1 item 8, effective 2 November 2003.
(12)
(Repealed by No 144 of 2005)
History
S 102.1(12) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(12) formerly read:
(12)
A copy of the announcement referred to in paragraph
(11)(b)
,
(11A)(b)
or
(11B)(b)
must be published:
(a)
on the Internet; and
(b)
in a newspaper circulating in each State and the Northern Territory.
S 102.1(12) amended by No 109 of 2003, s 3 and Sch 1 item 9, effective 2 November 2003.
(13)
(Repealed by No 144 of 2005)
History
S 102.1(13) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(13) formerly read:
(13)
If, under subsection
(8)
,
(9)
,
(10A)
or
(10C)
a regulation ceases to have effect, section
50
of the
Acts Interpretation Act 1901
applies as if the regulation had been repealed.
S 102.1(13) amended by No 109 of 2003, s 3 and Sch 1 item 10, effective 2 November 2003.
(14)
(Repealed by No 144 of 2005)
History
S 102.1(14) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(14) formerly read:
(14)
The power to make regulations for the purposes of paragraph (c) of the definition of
terrorist organisation
in this section does not limit the power to make regulations specifying a Hizballah organisation for the purposes of paragraph (b) of that definition.
(15)
(Repealed by No 144 of 2005)
History
S 102.1(15) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(14) formerly read:
(15)
The power to make regulations for the purposes of paragraph (d) of the definition of
terrorist organisation
in this section does not limit the power to make regulations specifying a Hamas organisation for the purposes of paragraph (b) of that definition.
S 102.1(15) inserted by No 109 of 2003, s 3 and Sch 1 item 11, effective 2 November 2003.
(16)
Subsection
(17)
applies if:
(a)
an organisation (the
listed organisation
) is specified in regulations made for the purposes of paragraph (b) 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 AFP Minister for a declaration under subsection
(4)
in relation to the listed organisation; and
(c)
the de-listing application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:
(i)
is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(ii)
advocates the doing of a terrorist act;
as the case requires; and
(d)
the AFP Minister did not receive an application from any individual or organisation under paragraph
(b)
of this subsection in relation to the listed organisation during the 12 months ending when the AFP Minister receives the de-listing application.
History
S 102.1(16) formerly s 102.1(17) amended by No 113 of 2023, s 3 and Sch 4 items 10
-
12, by substituting
"
(16) Subsection (17) applies if
"
for
"
(17) If
"
, inserting
"
and
"
in para (c) and substituting para (d) for all the words after para (c), effective 5 February 2024. All the words after para (c) formerly read:
the AFP Minister must consider the de-listing application.
Former s 102.1(16) repealed by No 144 of 2005, s 3 and Sch 1 item 13, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). S 102.1(16) formerly read:
(16)
The power to make regulations for the purposes of paragraph (e) of the definition of
terrorist organisation
in this section does not limit the power to make regulations specifying a Lashkar-e-Tayyiba organisation for the purposes of paragraph (b) of that definition.
Former s 102.1(16) inserted by No 109 of 2003, s 3 and Sch 1 item 11, effective 2 November 2003.
Former s 102.1(17) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
(wherever occurring), effective 11 May 2018. For transitional rules, see note under s
72.28
.
Former s 102.1(17) amended by No 116 of 2014, s 3 and Sch 1 item 65, by omitting
"
(whether or not a terrorist act has occurred or will occur)
"
wherever occurring, effective 1 December 2014.
Former s 102.1(17) amended by No 144 of 2005, s 3 and Sch 1 items 14 to 16, by omitting
"
, (c), (d) or (e)
"
after
"
paragraph (b)
"
in para (a), omitting
"
, (9), (10A) or (10C), as the case requires,
"
after
"
subsection (4)
"
in para (b) and substituting para (c), effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1). Para (c) formerly read:
(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);
Former s 102.1(17) inserted by No 7 of 2004, s 3 and Sch 1 item 3, effective 10 March 2004.
(17)
The AFP Minister must, as soon as practicable after receiving the de-listing application, consider whether the listed organisation:
(a)
is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(b)
advocates the doing of a terrorist act;
as the case requires.
Note:
If the AFP Minister ceases to be satisfied of either of these (as the case requires), the AFP Minister must make a declaration under subsection
(4)
in relation to the listed organisation.
History
S 102.1(17) inserted by No 113 of 2023, s 3 and Sch 4 item 13, effective 5 February 2024.
(18)
Subsections
(16)
and
(17)
do not limit the matters that may be considered by the AFP Minister for the purposes of subsection
(4)
.
History
S 102.1(18) amended by No 113 of 2023, s 3 and Sch 4 item 14, by substituting
"
Subsections (16) and (17) do
"
for
"
Subsection (17) does
"
, effective 5 February 2024.
S 102.1(18) amended by No 31 of 2018, s 3 and Sch 2 item 113(2), by substituting
"
AFP Minister
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
72.28
.
S 102.1(18) amended by No 144 of 2005, s 3 and Sch 1 item 17, by substituting
"
subsection (4)
"
for
"
subsections (4), (9), (10A) and (10C)
"
, effective 15 December 2005. For review provisions, see note under definition of
"
advocate
"
in s 102.1(1).
S 102.1(18) inserted by No 7 of 2004, s 3 and Sch 1 item 3, effective 10 March 2004.
(19)
(Repealed by No 131 of 2021)
History
S 102.1(19) repealed by No 131 of 2021, s 3 and Sch 1 item 6, effective 9 December 2021. S 102.1(19) formerly read:
(19)
For the purposes of this Division, the close family members of a person are taken to include the following (without limitation):
(a)
a de facto partner of the person;
(b)
someone who is the child of the person, or of whom the person is the child, because of the definition of
child
in the Dictionary;
(c)
anyone else who would be a member of the person
'
s family if someone mentioned in paragraph (a) or (b) is taken to be a close family member of the person.
S 102.1(19) inserted by No 127 of 2010, s 3 and Sch 2 item 10, effective 25 November 2010.
(20)
In this section, a reference to the doing of a terrorist act includes:
(a)
a reference to the doing of a terrorist act, even if a terrorist act does not occur; and
(b)
a reference to the doing of a specific terrorist act; and
(c)
a reference to the doing of more than one terrorist act.
History
S 102.1(20) inserted by No 116 of 2014, s 3 and Sch 1 item 66, effective 1 December 2014.
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