Commonwealth Consolidated Acts Commonwealth Consolidated ActsDeclaration of declared terrorist organisation
(1) A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code , that the Minister, by legislative instrument, declares is a declared terrorist organisation for the purposes of this section.
(2) Before declaring that an organisation is a declared terrorist organisation, the Minister must be satisfied on reasonable grounds that the organisation:
(a) either:
(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; and
(b) is opposed to Australia, or to Australia's interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be repudiating their allegiance to Australia.
(3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979 .
Review of declaration by Parliamentary Joint Committee on Intelligence and Security
(4) The Parliamentary Joint Committee on Intelligence and Security may:
(a) review a declaration made under subsection (1) as soon as possible after the declaration is made; and
(b) report the Committee's comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration.