Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003

Administered by Attorney-General's Department

Legislation au C2004A01194 In force Act

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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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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)

 

Overview

The Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 was enacted by the Parliament of Australia to address the need for specific legal measures to counter terrorism by listing Hamas’ Izz al-Din al-Qassam Brigades and the Lashkar-e-Tayyiba organisation as terrorist entities. This Act amends the Criminal Code Act 1995 by updating the definition of a terrorist organisation to include these two groups and establishing procedures for their regulation. The policy objective is to enable the Australian government to take decisive action against these organisations, ensuring they are subject to the same legal consequences as other listed terrorist groups, thereby reinforcing national security and compliance with international obligations against terrorism. The Act was designed to ensure that if the Minister is satisfied that these organisations are engaged in terrorist activities, regulations can be made to specify them as terrorist organisations. Additionally, it provides mechanisms for the cessation of these regulations if the Minister no longer holds the view that the organisations are involved in terrorist acts, ensuring a balance between security measures and the protection of civil liberties. The Act was assented to on 7 November 2003 and took effect from 5 November 2003.

Scope and Application

The Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 is an Australian federal Act that amends the Criminal Code Act 1995 by expanding the definition of 'terrorist organisation' to include specific organisations, namely Hamas' Izz al-Din al-Qassam Brigades and the Lashkar-e-Tayyiba organisation, along with any organisations derived from them. This Act applies to any person or entity found within Australia's jurisdiction that is directly or indirectly engaged in activities related to these organisations, including providing support or participating in acts that constitute terrorist activities as defined under the Act. The Act’s jurisdictional reach is national, applying throughout Australia. Notably, the Act provides for the specification of these organisations through regulations, which must be made following a ministerial determination of involvement in terrorist activities. Additionally, the Act allows for the de-listing of organisations if the Minister ceases to be satisfied of their engagement in terrorist activities. This process involves the publication of a declaration in the Gazette, which results in the cessation of regulatory effects pertaining to the specified organisation. The Act also extends its application through subordinate instruments, enabling the swift addition or removal of organisations from the scope of the legislation based on evolving circumstances.

Key Provisions

The Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 (C2004A01194) amends the Criminal Code Act 1995 to include specific provisions relating to the Hamas’ Izz al-Din al-Qassam Brigades and the Lashkar-e-Tayyiba organisation. Section 1 of the Act provides the short title, while Section 2 indicates that the Act commenced on 5 November 2003. The core amendments are detailed in Schedule 1, which introduces definitions and regulatory requirements for these organisations. Schedule 1, item 1, adds the definition of "Hamas organisation" to the Criminal Code, encompassing the Izz al-Din al-Qassam Brigades and any organisation derived from it. Similarly, item 2 defines "Lashkar-e-Tayyiba organisation," including the original group and any derived organisations. Item 3 modifies the definition of "terrorist organisation" to include these newly defined Hamas and Lashkar-e-Tayyiba organisations if specified by regulations. Items 4 and 5 detail the process for the Minister to specify these organisations as terrorist entities, requiring satisfaction on reasonable grounds that the organisation is engaged in terrorist activities. Items 6 through 10A-D establish procedures for the cessation of such specifications and the public announcement of new regulations. The Act imposes specific obligations on the Minister, who must be satisfied on reasonable grounds that a specified organisation is involved in terrorist activities before making regulations (subsection 102.1(7)). The Minister must also make a public declaration if they cease to be satisfied that an organisation is involved in terrorist activities (subsections 102.1(10A) and 102.1(10C)). Furthermore, regulations specifying these organisations can take immediate effect if a public announcement is made and the regulation is enacted within 60 days of the Act receiving Royal Assent (subsections 102.1(11A) and 102.1(11B)). Failure to comply with the provisions of this Act can lead to significant legal consequences. While the Act itself does not explicitly state penalties for breaches, violations of the Criminal Code, as amended by this Act, could result in criminal charges. These may include imprisonment terms as specified in the relevant sections of the Criminal Code for offences related to terrorist activities. For example, involvement in a terrorist organisation carries severe penalties, including lengthy imprisonment, reflecting the gravity of such activities under Australian law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.