Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3A - State sponsors of terrorism  

Division 110 - Preliminary  

Subdivision B - State sponsors of terrorism  

SECTION 110.5   Declaration in relation to a state sponsor of terrorism  

Power to make declaration

(1)    
If:

(a)    an entity is specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) ; and

(b)    the AFP Minister is satisfied that it is not appropriate for the entity to continue to be so specified;

the AFP Minister may, by notifiable instrument, make a declaration to the effect that the AFP Minister is so satisfied.

(2)    
The AFP Minister may make a declaration under subsection (1) :

(a)    on application under section 110.6 ; or

(b)    on the AFP Minister ' s own initiative.

(3)    
The declaration must specify the day on which the AFP Minister becomes satisfied that it is not appropriate for the entity to continue to be specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) .

(4)    
Before the AFP Minister makes a declaration under subsection (1) , the AFP Minister must consult the Foreign Affairs Minister in relation to the making of the declaration.

Effect of declaration

(5)    
The regulations, to the extent to which they specify the entity, are taken to cease to have effect on the day specified in the declaration under subsection (3) , even if that day occurred before the day on which the declaration is made.

(6)    
To avoid doubt, subsections (1) to (5) do not prevent the entity from being subsequently specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) if the AFP Minister is satisfied as mentioned in subsection 110.3(3) .