Commonwealth Numbered Regulations - Explanatory Statements

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CRIMINAL CODE AMENDMENT REGULATIONS 2003 (NO. 9) 2003 NO. 184

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'); or a Hizballah organisation (paragraph (c) 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 (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Code.

The purpose of the Criminal Code Amendment Regulations 2003 (No. 9) is to insert into Schedule 1A of Part 2 of the Criminal Code Regulations 2002 the name of the Hizballah External Security Organisation and its aliases 'Islamic Jihad; Hizballah External Security Apparatus', in order to apply the offence provisions in Division 102 to persons with links to the Hizballah External Security Organisation.

Subsection 102.1(7) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Code, the Minister must be satisfied on reasonable grounds that the Hizballah External Security Organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(3)(c)). The Attorney-General is satisfied on reasonable grounds of these matters in relation to the Hizballah External Security Organisation.

Details of the regulations are set out in Attachment A.

The regulations commenced on 5 June 2003.

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

Authority: Section 5 of the Criminal Code Act 1995 and subsection 102.1(3) of the Criminal Code Act 1995

Attachment A

The details of the proposed Criminal Code Amendment Regulations 2003 (No. 9) follow.

Regulation 1 cites the name of the proposed regulations as Criminal Code Amendment Regulations 2003 (No. 9).

Regulation 2 provides that the proposed regulations are taken to have commenced on 5 June 2003.

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

Item 1 of Schedule 1 proposes to substitute a new Regulation 4 to reflect amendments to subsection 102.1(1) in which a new paragraph (c) is inserted to include Hizballah organisations in the definition of terrorist organisation.

The proposed Regulation 4 identifies a new Schedule 1A for the purposes of specifying a Hizballah organisation in the Regulations for the purposes of Part 5.3 of the Criminal Code Act 1995.

Item 2 of Schedule 1 proposes to insert new Schedule 1A into the Criminal Code Regulations 2002 naming the organisation Hizballah External Security Organisation and its aliases in the table, in order to specify that organisation as a terrorist organisation for the purposes of paragraph (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Criminal Code Act 1995.