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.7   Including or removing names of prohibited hate groups  

(1)    
This section applies if the AFP Minister is satisfied on reasonable grounds that:

(a)    an organisation is specified by a prohibited hate group regulation; and

(b)    the organisation:

(i) is referred to by another name (the alias ), in addition to, or instead of, a name used to specify the organisation in the regulations; or

(ii) no longer uses a name (the former name ) used in the regulations to specify the organisation.

(2)    
The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:

(a)    include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i) ;

(b)    remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii) .

(3)    
Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of the definition of prohibited hate group in subsection 114A.2(1) .

(4)    
The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an organisation that has been prescribed.

(5)    
To avoid doubt, this section does not affect the power under section 5 of this Act to make a prohibited hate group regulation.