EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Criminal Code Act 1995
On 13 March 2009, the regulation proscribing the Islamic Army of Aden (IAA) as a terrorist organisation for the purposes of the definition of terrorist organisation in paragraph 102.1(b) was made. That regulation would have expired on 12 March 2012.
Subsection 102.1(4) of the Criminal Code provides that:
“If: (a) an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
(b) the Minister ceases to be satisfied of either of the following (as the case requires):
(i) that 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);
(ii) that the organisation advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);
the Minister must, by written notice published in the Gazette, make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.”
The purpose of the declaration is for the regulation proscribing the Islamic Army of Aden (IAA) as a terrorist organisation to cease to have effect. Prior to making the declaration, the Attorney-General received advice from the Australian Security Intelligence Organisation and the Australian Government Solicitor.
As subsection 102.1(4) of the Criminal Code was enacted in 2004, prior to the commencement of section 56 of the Legislative Instruments Act 2003 (LI Act) in 2005, gazettal is not required. Subsection 56 of the LI Act states:
“If enabling legislation in relation to a legislative instrument as in force at any time before the commencing day required the text of the instrument, or particulars of its making, to be published in the Gazette, the requirement for publication in the Gazette is taken, in relation to any such instrument made on or after that day, to be satisfied if the instrument is registered.”
The declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The declaration took effect on the day after registration.