Criminal Code Amendment (Hamas and Lashkar‑e‑Tayyiba) Act 2003
No. 109, 2003
An Act to amend the Criminal Code Act 1995 in relation to Hamas’ Izz al‑Din al‑Qassam Brigades and the Lashkar‑e‑Tayyiba organisation, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Regulations relating to Hamas’ Izz al‑Din al‑Qassam Brigades and the Lashkar‑e‑Tayyiba organisation
Criminal Code Act 1995
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003
No. 109, 2003
An Act to amend the Criminal Code Act 1995 in relation to Hamas’ Izz al‑Din al‑Qassam Brigades and the Lashkar‑e‑Tayyiba organisation, and for related purposes
[Assented to 7 November 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Criminal Code Amendment (Hamas and Lashkar‑e‑Tayyiba) Act 2003.
2 Commencement
This Act is taken to have commenced on 5 November 2003.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Regulations relating to Hamas’ Izz al‑Din al‑Qassam Brigades and the Lashkar‑e‑Tayyiba organisation
Criminal Code Act 1995
1 The Schedule (subsection 102.1(1) of the Criminal Code)
Insert:
Hamas organisation means:
(a) Hamas’ Izz al‑Din al‑Qassam Brigades (by whatever name that organisation is known from time to time); or
(b) an organisation derived from that organisation.
2 The Schedule (subsection 102.1(1) of the Criminal Code)
Insert:
Lashkar‑e‑Tayyiba organisation means:
(a) the Lashkar‑e‑Tayyiba organisation (by whatever name that organisation is known from time to time); or
(b) an organisation derived from that organisation.
3 The Schedule (subsection 102.1(1) of the Criminal Code, at the end of the definition of terrorist organisation)
Add:
; or (d) a Hamas organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections (7), (8) and (10A)); or
(e) a Lashkar‑e‑Tayyiba organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections (7), (8) and (10C)).
4 The Schedule (subsection 102.1(7) of the Criminal Code)
Repeal the subsection, substitute:
(7) Before the Governor‑General makes a regulation specifying:
(a) a Hizballah organisation for the purposes of paragraph (c) of the definition of terrorist organisation in this section; or
(b) a Hamas organisation for the purposes of paragraph (d) of the definition of terrorist organisation in this section; or
(c) a Lashkar‑e‑Tayyiba organisation for the purposes of paragraph (e) of the definition of terrorist organisation in this section;
the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).
5 The Schedule (subsection 102.1(8) of the Criminal Code)
After “paragraph (c)”, insert “, (d) or (e)”.
6 The Schedule (paragraph 102.1(8)(b) of the Criminal Code)
After “(9)”, insert “, (10A) or (10C)”.
7 The Schedule (after subsection 102.1(10) of the Criminal Code)
Insert:
(10A) If:
(a) a Hamas organisation is specified by regulations made for the purposes of paragraph (d) of the definition of terrorist organisation in this section; and
(b) the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the 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.
(10B) To avoid doubt, subsection (10A) does not prevent a Hamas organisation from being subsequently specified by regulations made for the purposes of paragraph (d) of the definition of terrorist organisation in this section if the Minister again becomes satisfied as mentioned in subsection (7).
(10C) If:
(a) a Lashkar‑e‑Tayyiba organisation is specified by regulations made for the purposes of paragraph (e) of the definition of terrorist organisation in this section; and
(b) the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the 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.
(10D) To avoid doubt, subsection (10C) does not prevent a Lashkar‑e‑Tayyiba organisation from being subsequently specified by regulations made for the purposes of paragraph (e) of the definition of terrorist organisation in this section if the Minister again becomes satisfied as mentioned in subsection (7).
8 The Schedule (after subsection 102.1(11) of the Criminal Code)
Insert:
(11A) If:
(a) at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Hamas organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur); and
(b) at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
(i) a regulation will be made specifying the organisation for the purposes of paragraph (d) of the definition of terrorist organisation in this section; and
(ii) the regulation will take effect at the time of the announcement; and
(c) the regulation is made within 60 days after the day on which the Criminal Code Amendment (Hamas and Lashkar‑e‑Tayyiba) Act 2003 receives the Royal Assent;
the regulation takes effect at the time of the announcement.
(11B) If:
(a) at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Lashkar‑e‑Tayyiba organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur); and
(b) at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
(i) a regulation will be made specifying the organisation for the purposes of paragraph (e) of the definition of terrorist organisation in this section; and
(ii) the regulation will take effect at the time of the announcement; and
(c) the regulation is made within 60 days after the day on which the Criminal Code Amendment (Hamas and Lashkar‑e‑Tayyiba) Act 2003 receives the Royal Assent;
the regulation takes effect at the time of the announcement.
9 The Schedule (subsection 102.1(12) of the Criminal Code)
After “(11)(b)”, insert “, (11A)(b) or (11B)(b)”.
10 The Schedule (subsection 102.1(13) of the Criminal Code)
Omit “or (9)”, substitute “, (9), (10A) or (10C)”.
11 The Schedule (at the end of section 102.1 of the Criminal Code)
Add:
(15) The power to make regulations for the purposes of paragraph (d) of the definition of terrorist organisation in this section does not limit the power to make regulations specifying a Hamas organisation for the purposes of paragraph (b) of that definition.
(16) The power to make regulations for the purposes of paragraph (e) of the definition of terrorist organisation in this section does not limit the power to make regulations specifying a Lashkar‑e‑Tayyiba organisation for the purposes of paragraph (b) of that definition.
12 The Schedule (paragraph 102.3(1)(b) of the Criminal Code)
Omit “or (c)”, substitute “, (c), (d) or (e)”.
[Minister’s second reading speech made in—
House of Representatives on 5 November 2003
Senate on 7 November 2003]
(177/03)