Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3B - Prohibited hate groups  

Division 114A - Preliminary  

SECTION 114A.5   Director-General of Security advice to be provided before specifying an organisation as a prohibited hate group  

Director-General may provide advice to AFP Minister

(1)    
The Director-General may provide written advice to the AFP Minister recommending that the AFP Minister consider whether an organisation should be specified as a prohibited hate group. However, the Director-General may provide the advice only if the Director-General is satisfied of one or more of the following:

(a)    both of the following apply:

(i) the organisation has engaged in activities;

(ii) the Director-General is satisfied that the activities, or the continued engagement in the activities, would or are likely to increase the risk of politically motivated violence, or of the promotion of communal violence;

(b)    the organisation has:

(i) advocated for or engaged in politically motivated violence, or engaged in the promotion of communal violence; or

(ii) engaged in activities that indicate a risk that the organisation may advocate for or engage in politically motivated violence, or engage in the promotion of communal violence, in the future.

Receipt of advice from Director-General of Security

(2)    
The AFP Minister may consider recommending that the Governor-General makes a prohibited hate group regulation specifying the organisation only if the AFP Minister has received advice from the Director-General of Security in accordance with subsection (1) .

AFP Minister may take account of other information

(3)    
To avoid doubt, the AFP Minister may take into account information in addition to the written advice in determining whether an organisation should be specified as a prohibited hate group.

Function taken to be function of Organisation

(4)    
The function of the Director-General under this section is, for the purposes of the Australian Security Intelligence Organisation Act 1979 , taken to be a function of the Organisation.

No procedural fairness required

(5)    
The Director-General is not required to observe any requirements of procedural fairness in providing advice under this section.

Definitions

(6)    
In this section:

politically motivated violence
has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979 .

promotion of communal violence
has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979 .