EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 47

 

 

Issued by the authority of the Attorney-General

 

Criminal Code Act 1995

 

Criminal Code Amendment Regulations 2007 (No. 3)

 

 

Section 5 of the Criminal Code Act 1995 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Schedule to the Act sets out the Criminal Code (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; being a member of a terrorist organisation; recruiting persons to a terrorist organisation; receiving training from or providing training to a terrorist organisation; being an associate of and receiving funds from or making available funds, support or resources to a terrorist organisation.

 

Section 102.9 of the Code provides that section 15.4 (extended geographical jurisdiction - category D) applies to an offence against Division 102 of the Code. The effect of applying section 15.4 is that offences in Division 102 of the Code apply to conduct (or the results of such conduct) constituting the alleged offence whether or not the conduct (or the result) occurs in Australia.

 

‘Terrorist organisation’ in subsection 102.1(1) of the Code is defined as:

 

·        an organisation directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act occurs) (paragraph (a)); or

·        an organisation specified in the regulations (paragraph (b)).

 

The purpose of the Regulations is to amend the Criminal Code Regulations 2002 to specify Asbat al Ansar (AAA) also known as Band of Partisans, Band of Helpers, Esbat al-Ansar, Isbat al-Ansar, League of the Followers, League of Partisans, Osbat al‑Ansar, Partisans’ League, Usbat al-Ansar, and Usbat ul‑Ansar for the purpose of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code.

 

AAA was initially listed as a terrorist organisation under the Criminal Code Amendment Regulations 2003 (No.4) which took effect on 11 April 2003 and was
re-listed as a terrorist organisation under the Criminal Code Amendment Regulations 2005 (No.6) which took effect on 11 April 2005.

The Regulations enable the offence provisions in Division 102 of the Code to apply to persons with links to AAA. Details of the Regulations are set out in Attachment A.

 

Paragraph 102.1(2) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (b) 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 (whether or not a terrorist act has occurred or will occur).

 

In determining whether he is satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act, the Minister takes into consideration unclassified Statements of Reasons prepared by the Australian Security Intelligence Organisation (ASIO) in consultation with the Department of Foreign Affairs and Trade, as well as advice from the Australian Government Solicitor. The Statement of Reasons in respect of AAA is at Attachment B.

 

Subsection 102.1(2A) of the Code provides that before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

 

Prior to the making of the Regulations, consultations were held with the Department of Foreign Affairs and Trade, ASIO and the Australian Government Solicitor. In addition, an offer for a briefing was extended to the Federal Leader of the Opposition and the State and Territory Attorneys-General were advised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

 

 

 

 

 

Attachment A

 

 

Details of the Criminal Code Amendment Regulations 2007 (No. 3)

 

Regulation 1- Name of Regulations

 

This regulation provides that the title of the Regulations is the Criminal Code Amendment Regulations 2007 (No. 3).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after they are registered.

 

Regulation 3 – Amendment of Criminal Code Regulations 2002

 

This Regulation notes that Schedule 1 amends the Criminal Code Regulations 2002.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 4I

 

This item provides that the existing regulation 4I, ‘Terrorist organisations – Asbat al Ansar (AAA)’, is to be substituted with the new regulation 4I.

 

Subregulation 4I(1) provides that for paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code Act 1995 (the Code), the organisation known as Asbat al Ansar (AAA) is specified.

 

The effect of this subregulation is that Asbat al Ansar (AAA) is specified as a terrorist organisation under subsection 102.1(1) of the Code.

 

Subregulation 4I(2) provides that for the purposes of subregulation (1),
Asbat al Ansar (AAA) is also known by the following names:

 

(a)        Band of Partisans;

(b)       Band of Helpers;

(c)        Esbat al-Ansar;

(d)       Isbat al-Ansar;

(e)        League of the Followers;

(f)         League of Partisans;

(g)        Osbat al‑Ansar;

(h)        Partisans’ League;

(i)          Usbat al-Ansar; and

(j)         Usbat ul‑Ansar

 

 

ATTACHMENT B

 

Asbat al Ansar (AAA)

 

(Also known as: League of Partisans; Band of Partisans, Band of Helpers, League of the Followers, Partisans’ League, Usbat al-Ansar, Usbat ul-Ansar, Osbat al-Ansar, Isbat al-Ansar, Esbat al-Ansar).

The following information is based on publicly available details about Asbat al-Ansar (AAA). These details have been corroborated by material from intelligence investigations into the activities of the Asbat al-Ansar and by official reporting. ASIO assesses that the details set out below are accurate and reliable.

AAA is listed in the United Nation’s 1267 Committee’s consolidated list and as a proscribed terrorist organisation by the governments of Canada, Russia, the United Kingdom, and the United States.

Current status of AAA

AAA is a Sunni Muslim extremist group, largely based in the Ayn al-Hilwah Palestinian refugee camp near Sidon in southern Lebanon. The group has a smaller presence in the Nahr al-Bared camp outside Tripoli in northern Lebanon, and is also active in Sidon, Beirut and the Dinniyeh plateau in northern Lebanon.

AAA’s origins can be traced back to the late 1980s. The group became more widely known in the early 1990s following a series of attacks on nightclubs, theatres and liquor stores.

Initially, AAA limited its operations to Lebanon and engaged in a number of low-level attacks against ‘un-Islamic’ targets. These have included bombings against churches, bars, theatres and casinos, as well Lebanese forces, elements of the Lebanese government and foreign nationals. AAA has widened its operations to conduct attacks against foreign interests in Lebanon and assassinations of significant religious leaders. AAA’s attack methods include rocket-propelled grenades, explosive charges, rockets and car bombs.

AAA maintains links to a number of terrorist organisations, including al-Qa’ida and Tanzim Qa’idat al-Jihad fi Bilad al Rafidayn (TQJBR). There is a view that AAA subscribes to bin Laden’s ideal of global jihad and is planning to extend its operations into Syria and Israel.

AAA remains active and has shifted its focus to Iraq, sending fighters in support of the insurgency in collaboration with al-Qa’ida. In 2005 and 2006, AAA announced the death or martyrdom of AAA members fighting the ‘crusader’ forces in Iraq. Due to the activities of AAA and like-minded groups, Lebanon has increasingly become a known transport node and recruitment hub for extremists travelling to Iraq.

AAA leadership continues to make statements supporting attacks conducted by other groups and advocating violent jihad against the West, such as the April 2004 announcement urging Iraqi insurgents to kill Western hostages to avenge the death of Hamas leaders Abdul Aziz Rantisi and Sheikh Ahmed Yassin, and the February 2006 statement praising attacks by angry mobs against the Danish consulates in Beirut and Damascus in response to the Danish cartoons controversy.

AAA primarily receives funding from other terrorist organisations, such as al-Qa’ida.

 

Objectives

AAA’s objectives are to establish a Sunni Islamic state in Lebanon by overthrowing the Lebanese government, eliminating Israel and thwarting anti-Islamic and pro-Western influences in Lebanon.

Leadership and Membership

AAA is led by Abu Muhjin (aka Ahmed Abd al-Karim al-Saadi). Abu Muhjin allegedly fled Lebanon in 1999 to continue his activities in secret after being sentenced to death for the 1994 assassination of Sheikh Nizar al-Halabi, the leader of a rival Islamic extremist group. In his absence, Abu Muhjin’s brother, Haytham ‘Abd Al-Karim Al Sa’di (aka Abu Tariq), has been nominally leading the group.

AAA membership is primarily Palestinian. AAA’s membership is estimated to be 100-300 members. AAA members have previously fought in Afghanistan, Chechnya, Kashmir and the Balkans.

AAA engagement in terrorist activities

AAA continues to undertake attacks but is also assisting the doing of terrorist acts. On the basis of available information it is assessed AAA operatives are active in Lebanon and it is likely AAA will undertake attacks if and when the opportunity arises. The group's close association with al-Qa'ida means it could draw on significant resources for future activities.

Terrorist attacks and activities which have been claimed by or reliably attributed to AAA include:

·        March 2004: two members of AAA were jailed in a Lebanese military court for membership of AAA. One of the men was also found responsible for a 1999 grenade attack on a vegetable market in Ayn al-Hilwah.;

·        September 2004: AAA operatives were linked to a planned terrorist operation targeting the Italian Embassy, Ukrainian Consulate General and Lebanese Government offices. The plot was disrupted by Italian, Lebanese and Syrian authorities;

·        July 2005: AAA announced one of its members was a martyr in Iraq facing the ‘crusaders’ forces’; and

·        March 2006: AAA announced fighters from South Lebanon were killed during recent al-Qa’ida operations in Iraq.

 

Conclusion

The Criminal Code provides that for an organisation to be listed as a terrorist organisation, the Attorney-General must be satisfied that:

(i)                  the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur); or

(ii)                the organisation advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).

On the basis of the above information, ASIO assesses that AAA is directly engaged in preparing, planning, assisting in or fostering the doing of terrorist acts. It is considered that the acts attributable to AAA are terrorist acts as they:

(i)                  are done with the intention of advancing a political cause, namely, the establishment of a radical Sunni Islamic state in Lebanon;

(ii)                are intended to coerce or influence by intimidation the governments of a foreign countries, including Lebanon, and/or intimidate sections of the public; and

(iii)            constitute acts which cause serious physical harm to persons, including death, as well as serious damage to property.

This assessment is corroborated by information provided by reliable and credible intelligence sources.