Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)General Outline and financial impact
General Outline
The Criminal Code Amendment (Terrorist Organisations) Bill 2002 (the Bill) amends the Criminal Code so that regulations made from the commencement of this Act specifying organisations for the purpose of the definition of terrorist organisation in Division 102 take effect in accordance with section 48 of the Acts Interpretation Act 1901.
The Bill also ensures that the existing regulation specifying Al Qa'ida/Islamic Army as a terrorist organisation takes effect on 21 October 2002, the date the regulation was notified in the Gazette.
Division 102 of the Criminal Code contains a number of offences relating to terrorist organisations. These offences include directing activities of a terrorist organisation, membership of a terrorist organisation, recruiting for a terrorist organisation and providing training to, or receiving training from, a terrorist organisation.
Terrorist organisations for the purposes of Division 102 are organisations that are engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or organisations specified in regulations. Organisations may be specified in regulations if the Minister is satisfied on reasonable grounds that the organisation is identified in a United Nations Security Council decision relating to terrorism and that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act.
Financial Impact
It is not expected that the Bill will have a direct financial impact.
Notes on Clauses
Clause 1: Short Title
This clause is a formal provision specifying the short title of the Act.
Clause 2: Commencement
Clause 2 provides that the Act is taken to have commenced on 23 October 2002.
Clause 3: Schedule(s)
Clause 3 provides that each Act specified in a schedule is amended as set out in the Schedule concerned.
Schedule 1 - Amendment of Criminal Code
Item 1 - Subsection 102.1(1) (paragraph (c) of the definition of terrorist organisation)
Item 1 omits the reference to subsection 102.1(4) from paragraph (c) of the definition of terrorist organisation in subsection 102.1(1). This item is consequent upon the repeal of subsection 102.1(4) by item 2.
Item 2 - Subsection 102.1(4)
Item 2 repeals subsection 102.1(4) of the Criminal Code. Subsection 102.1(4) provides that regulations made for the purpose of paragraph (c) of the definition of terrorist organisation in subsection 102.1(1) of the Act may not take effect earlier than the day after the last day on which the regulations may be disallowed under section 48 of the Acts Interpretation Act 1901. Under the Acts Interpretation Act regulations must be tabled in both Houses of Parliament and a motion to disallow the regulations may be moved within 15 sitting days of the regulations being tabled.
Repeal of subsection 102.1(4) of the Criminal Code has the effect that the regulations made for the purpose of paragraph (c) of the definition of terrorist organisation take effect in accordance with section 48 of the Acts Interpretation Act. Under that section, regulations may commence either on notification in the Gazette or on later date specified in the regulations.
Regulations made under the provisions of the Criminal Code as amended will be subject to the same Parliamentary scrutiny as all other regulations. A motion to disallow the regulations may be moved within 15 sittings days of the regulations being tabled.
Item 3 - Effect of regulations made before commencement of this Act
Item 3 provides that, in spite of anything that was in subsection 102.1(4) of the Criminal Code before it was repealed, or in the regulations concerned, regulations made for the purposes of paragraph (c) of the definition of terrorist organisation in section 102.1 of the Criminal Code and notified before the commencement of this Act are deemed to have taken effect on 21 October 2002.
On 21 October 2002, regulations were made and notified in the Gazette specifying Al Qa'ida/Islamic Army as a terrorist organisation for the purposes of section 102.1 of the Criminal Code.
The effect of item 2 is that the regulation specifying Al Qa'ida/Islamic Army as a terrorist organisation will take effect from 21 October 2002, the date that the regulation was made and notified. The disallowance provisions in section 48 of the Acts Interpretation Act 1901 will apply to the regulation.