Commonwealth Numbered Regulations - Explanatory Statements

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CRIMINAL CODE AMENDMENT REGULATIONS 2003 (NO. 10) 2003 NO. 285

Section 5 of the Criminal Code Act 1995 (the Code) provides that the Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Code.

Division 102 of the Code sets out the offences in relation to terrorist organisations, which are: directing the activities of a terrorist organisation; recruiting persons to a terrorist organisation; receiving training from or providing training to a terrorist organisation; receiving funds from or making available funds, support or resources to a terrorist organisation; or being a member of a terrorist organisation that is specified in regulations.

Subsection 102.1(1) of the Code defines a `terrorist organisation' to be either an organisation engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph (a) of the definition of `terrorist organisation'); an organisation specified in the regulations (paragraph (b) of the definition of `terrorist organisation'); a Hizballah organisation (paragraph (c) of the definition of `terrorist organisation'); a Hamas organisation (paragraph (d) of the definition of `terrorist organisation') or a Lashkar-e-Tayyiba organisation (paragraph (e) of the definition of `terrorist organisation').

Part 2 of the Criminal Code Regulations 2002 provides that the organisations mentioned in Schedule 1A are specified for the purposes of paragraph (d) and (e) of the definition of `terrorist organisation' in subsection 102.1(1) of the Code.

The purpose of the Criminal Code Amendment Regulations 2003 (No. 10) is to insert into Schedule 1A of Part 2 of the Criminal Code Regulations 2002 the names of:

1.       HAMAS' Izz al-Din al-Qassam Brigades and its aliases `Harakat al-Muqawama al-Islamiya - Izz al-Din al-Qassam Brigades'; `Harakat al-Muqawama al-Islamiya's Izz al-Din al-Qassam Brigades'; `Harakat al-Muqawama al-Islamiya - Izz al-Din al-Qassam Brigades'; `Hamas-Izz al-Din al-Qassem'; `Hamas Izz al-Din al-Qassem Brigades' and `Mahas Izz al-Din al-Qassam Brigades'; and

2.       Lashkar-e-Tayyiba and its aliases `Paasban-e-Kashmir'; `Paasban-i-Ahle-Hadith'; `Paasban-e-Ahle Hadis'; `Lashkar-e-Toiba'; `Lashkar-i-Toiba (LiT)'; `Lashkar-i-Tayyiba'; `Lashkar-i-Taiba'; `Lashkar-I-Taiba'; `Lashkar-e-Taibyya'; `Lashkar-e-Taiba'; `Lashkar-Taiba'; `Lashkar e Toiba'; `Lashkar e Taiba'; `Lashker-e-Taiba'; `Lash e-Tayyiba'; `Lashkar-E-Tayyaba'; Lashkar e Tayyiba' and `Lashkar e Tayyaba (LT) ,

in order to apply the offence provisions in Division 102 to persons with links to HAMAS' Izz al-Din al-Qassam Brigades or Lashkar-e-Tayyiba .

Subsection 102.1(7) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (d) or (e) of the definition of `terrorist organisation' in subsection 102.1(1) of the Code, the Minister must be satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act. The Attorney-General is satisfied on reasonable grounds of these matters in relation to HAMAS' Izz al-Din al-Qassam Brigades and Lashkar-e-Tayyiba.

Details of the regulations are set out in Attachment A.

The regulations commence on gazettal.

The Minute recommended that the Regulations be made in the form proposed.

Authority: Section 5 of the Criminal Code Act 1995

Attachment

The details of the proposed Criminal Code Amendment Regulations 2003 (No. 10) follow.

Regulation 1 provides that the Regulations are the Criminal Code Amendment Regulations 2003 (No. 10).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 to the Regulations amends the Criminal Code Regulations 2002.

Schedule 1 Amendments

Items 1, 2 and 3 amend subregulations 4 (3) and (4) to change the references to Schedule 1A in accordance with the amendment made by item 6.

Item 4 inserts subregulations (5) to (8) into regulation 4 to specify certain Hamas organisations and Lashkar-e-Tayyiba organisations for the purposes of paragraphs (d) and (e) of the definition of terrorist organisation in subsection 102.1 (1) of the Criminal Code.

Item 5 makes a minor technical amendment of the Note to regulation 4.

Item 6 changes the name of Schedule 1A and inserts a Part 1 into that Schedule for Hizballah organisations.

Item 7 inserts new Parts 2 and 3 into Schedule 1A. Part 2 specifies certain Hamas organisations and Part 3 specifies certain Lashkar-e-Tayyiba organisations.