Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 102 - Terrorist organisations  

Subdivision A - Definitions  

SECTION 102.1   Definitions  

(1)  


In this Division:

advocate
has the meaning given by subsection (1A).

associate
: a person associates with another person if the person meets or communicates with the other person.

close family member
of a person means:


(a) the person ' s spouseor de facto partner; or


(b) a parent, step-parent or grandparent of the person; or


(c) a child, step-child or grandchild of the person; or


(d) a brother, sister, step-brother or step-sister of the person; or


(e) a guardian or carer of the person.

Note:

See also subsection (19).

Hamas organisation
(Repealed by No 144 of 2005)

Hizballah organisation
(Repealed by No 144 of 2005)

Lashkar-e-Tayyiba organisation
(Repealed by No 144 of 2005)

member
of an organisation includes:


(a) a person who is an informal member of the organisation; and


(b) a person who has taken steps to become a member of the organisation; and


(c) in the case of an organisation that is a body corporate - a director or an officer of the body corporate.

recruit
includes induce, incite and encourage.

terrorist organisation
means:


(a) an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or


(b) an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2) , (3) and (4) ).


(c) (Repealed by No 144 of 2005)


(d) (Repealed by No 144 of 2005)


(e) (Repealed by No 144 of 2005)

(1A)   Definition of advocates .  

In this Division, an organisation advocates the doing of a terrorist act if:


(a) the organisation directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or


(b) the organisation directly or indirectly provides instruction on the doing of a terrorist act; or


(c) the organisation directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.

(2)   Terrorist organisation regulations.  

Before the Governor-General makes a regulation, specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must be satisfied on reasonable grounds that the organisation:


(a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or


(b) advocates the doing of a terrorist act.

(2A)  
Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the AFP Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

(3)  


Regulations for the purposes of paragraph (b) of the definition of terrorist organisation in this section cease to have effect on the third anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:


(a) the repeal of those regulations; or


(b) the cessation of effect of those regulations under subsection (4) ; or


(c) the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).

(4)  
If:


(a) an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and


(b) the AFP Minister ceases to be satisfied of either of the following (as the case requires):


(i) that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act;

(ii) that the organisation advocates the doing of a terrorist act;

the AFP Minister must, by written notice published in the Gazette , make a declaration to the effect that the AFP Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.

(5)  
To avoid doubt, subsection (4) does not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the AFP Minister becomes satisfied as mentioned in subsection (2).

(6)  
(Repealed by No 126 of 2015)

(7)  
(Repealed by No 144 of 2005)

(8)  
(Repealed by No 144 of 2005)

(9)  
(Repealed by No 144 of 2005)

(10)  
(Repealed by No 144 of 2005)

(10A)  
(Repealed by No 144 of 2005)

(10B)  
(Repealed by No 144 of 2005)

(10C)  
(Repealed by No 144 of 2005)

(10D)  
(Repealed by No 144 of 2005)

(11)  
(Repealed by No 144 of 2005)

(11A)  
(Repealed by No 144 of 2005)

(11B)  
(Repealed by No 144 of 2005)

(12)  
(Repealed by No 144 of 2005)

(13)  
(Repealed by No 144 of 2005)

(14)  
(Repealed by No 144 of 2005)

(15)  
(Repealed by No 144 of 2005)

(16)  
(Repealed by No 144 of 2005)

(17)  
If:


(a) an organisation (the listed organisation ) is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and


(b) an individual or an organisation (which may be the listed organisation) makes an application (the de-listing application ) to the AFP Minister for a declaration under subsection (4) in relation to the listed organisation; and


(c) the de-listing application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:


(i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or

(ii) advocates the doing of a terrorist act;
as the case requires;

the AFP Minister must consider the de-listing application.

(18)  
Subsection (17) does not limit the matters that may be considered by the AFP Minister for the purposes of subsection (4).

(19)  


For the purposes of this Division, the close family members of a person are taken to include the following (without limitation):


(a) a de facto partner of the person;


(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;


(c) anyone else who would be a member of the person ' s family if someone mentioned in paragraph (a) or (b) is taken to be a close family member of the person.

(20)  
In this section, a reference to the doing of a terrorist act includes:


(a) a reference to the doing of a terrorist act, even if a terrorist act does not occur; and


(b) a reference to the doing of a specific terrorist act; and


(c) a reference to the doing of more than one terrorist act.




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