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.8   De-listing a prohibited hate group  

(1)    
If:

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

(b)    the AFP Minister ceases to be satisfied that it is reasonably necessary for the organisation to be so specified to protect the Australian community or part of the Australian community against harm of any of the kinds referred to in paragraph 114A.1(1)(a) ;

the AFP Minister must, by notifiable instrument, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.

(2)    
Before the AFP Minister makes a declaration under subsection (1) , the AFP Minister must:

(a)    have regard to the matters referred to in subsection 114A.4(1) ; and

(b)    consult the Attorney-General in relation to the making of the declaration; and

(c)    arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed declaration.

Declaration to specify a day

(3)    
The declaration must specify the day on which the AFP Minister ceased to be satisfied as mentioned in paragraph (1)(b) .

(4)    
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 (3) , even if that day occurred before the day on which the declaration is made.

Delisted organisation may be relisted later

(5)    
To avoid doubt, subsections (1) to (4) do not prevent the organisation from being subsequently specified by a prohibited hate group regulation if the AFP Minister becomes satisfied as mentioned in subsection 114A.4(1) .