Commonwealth Consolidated Acts

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Declared terrorist organisation

Declaration 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.

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