Criminal Code Amendment (Hizballah) Act 2003

Administered by Attorney-General's Department

Legislation au C2004A01129 In force Act

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Criminal Code Amendment (Hizballah) Act 2003

 

No. 44, 2003

 

 

 

 

 

An Act to amend the Criminal Code Act 1995 in relation to the Hizballah External Security Organisation, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Regulations relating to Hizballah External Security Organisation

Criminal Code Act 1995

 

 

 

Criminal Code Amendment (Hizballah) Act 2003

No. 44, 2003

 

 

 

An Act to amend the Criminal Code Act 1995 in relation to the Hizballah External Security Organisation, and for related purposes

[Assented to 24 June 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Criminal Code Amendment (Hizballah) Act 2003.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

24 June 2003

2.  Schedule 1

On 29 May 2003, immediately after the commencement of Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2003

29 May 2003

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Criminal Code Act 1995

1  The Schedule (subsection 102.1(1) of the Criminal Code)

Insert:

Hizballah organisation means:

 (a) the Hizballah External Security Organisation (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, at the end of the definition of terrorist organisation)

Add:

 ; or (c) a Hizballah organisation, if that organisation is specified by the regulations for the purposes of this paragraph (see subsections (7), (8) and (9)).

3  The Schedule (at the end of section 102.1 of the Criminal Code)

Add:

 (7) Before the Governor‑General makes a regulation specifying a Hizballah organisation for the purposes of paragraph (c) 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).

 (8) Regulations for the purposes of paragraph (c) of the definition of terrorist organisation in this section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:

 (a) the repeal of those regulations; or

 (b) the cessation of effect of those regulations under subsection (9); or

 (c) the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).

 (9) If:

 (a) a Hizballah organisation is specified by regulations made for the purposes of paragraph (c) 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.

 (10) To avoid doubt, subsection (9) does not prevent a Hizballah organisation from being subsequently specified by regulations made for the purposes of paragraph (c) of the definition of terrorist organisation in this section if the Minister again becomes satisfied as mentioned in subsection (7).

 (11) If:

 (a) at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Hizballah 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 (c) 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 (Hizballah) Act 2003 receives the Royal Assent;

the regulation takes effect at the time of the announcement.

 (12) A copy of the announcement referred to in paragraph (11)(b) must be published:

 (a) on the Internet; and

 (b) in a newspaper circulating in each State and the Northern Territory.

 (13) If, under subsection (8) or (9), a regulation ceases to have effect, section 50 of the Acts Interpretation Act 1901 applies as if the regulation had been repealed.

 (14) The power to make regulations for the purposes of paragraph (c) of the definition of terrorist organisation in this section does not limit the power to make regulations specifying a Hizballah organisation for the purposes of paragraph (b) of that definition.

4  The Schedule (paragraph 102.3(1)(b) of the Criminal Code)

After “paragraph (b)”, insert “or (c)”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 May 2003

Senate on 16 June 2003]

 

 

(81/03)

 

Overview

The Criminal Code Amendment (Hizballah) Act 2003 was enacted by the Parliament of Australia to address the need for specific legislative measures against the Hizballah External Security Organisation. This Act aimed to strengthen Australia's counter-terrorism framework by specifically targeting the activities and influence of the Hizballah organisation, which was identified as a significant security threat. The policy objective was to provide the necessary legal tools to combat the terrorist activities associated with Hizballah, including the ability to designate the organisation and its derivatives as terrorist entities under the Criminal Code. This was achieved by amending the Criminal Code Act 1995 to include provisions that facilitate the regulation of Hizballah as a terrorist organisation, thereby enabling more effective enforcement actions against its activities within Australia. The Act, which received Royal Assent on 24 June 2003, introduces amendments to the Criminal Code Act 1995 to define "Hizballah organisation" and to allow for the specification of such organisations as terrorist entities through regulations. The amendments also include provisions for the cessation of regulatory effects if the Minister is no longer satisfied that the organisation is engaged in terrorist activities, ensuring that the legal framework remains responsive to changing security circumstances. The Act was designed to provide a robust and flexible legal mechanism to counter the threat posed by Hizballah, thereby enhancing national security.

Scope and Application

The Criminal Code Amendment (Hizballah) Act 2003 amends the Criminal Code Act 1995 by specifically addressing the Hizballah External Security Organisation and related entities. This Act applies to persons and entities that are either the Hizballah External Security Organisation or derived from it, as specified by regulations under the Act. The Act's application is nationwide, aligning with the jurisdiction of the Commonwealth of Australia, and it extends to any acts conducted within Australian territory or by Australian citizens abroad. Notably, the Act allows for the Minister to specify organisations for the purposes of defining a "terrorist organisation," contingent on being reasonably satisfied that the organisation is involved in terrorist activities. This specification can be subject to review and cessation if the Minister no longer holds the specified grounds. The regulations made under this Act can be subject to time limits and public announcements, ensuring transparency and accountability in their application. The Act's provisions come into force on the day of Royal Assent for most sections, while specific regulations concerning Hizballah organisations commence on 29 May 2003. The Act does not explicitly state exclusions or thresholds but operates through subordinate regulations that can be amended or repealed, providing flexibility in response to evolving threats. The Act also includes provisions for the cessation of regulations under certain conditions and mandates public announcements and publications to maintain transparency. This legislative framework is designed to provide a robust legal basis for addressing activities associated with the Hizballah External Security Organisation within Australia's jurisdiction.

Key Provisions

The main operative sections of the Criminal Code Amendment (Hizballah) Act 2003 (C2004A01129) (sections 1 to 3 and the Schedule) came into effect on 24 June 2003, the day the Act received Royal Assent. The Schedule, which amends the Criminal Code Act 1995, came into effect on 29 May 2003, immediately following the commencement of Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2003. The Act introduces new definitions and regulatory provisions related to the Hizballah organisation, specifically the Hizballah External Security Organisation and any derived organisations. It expands the definition of 'terrorist organisation' in section 102.1 of the Criminal Code to include specified Hizballah organisations. Regulations specifying these organisations must be made by the Minister, who must be satisfied on reasonable grounds that the organisation is engaged in activities related to terrorism. The Act imposes several obligations on the Minister regarding the regulation of Hizballah organisations. Firstly, the Minister must be satisfied on reasonable grounds that the organisation is engaged in terrorist activities before making regulations to specify it as a terrorist organisation. Secondly, regulations specifying a Hizballah organisation cease to have effect two years after they take effect, unless they are repealed or the Minister ceases to be satisfied about the organisation's involvement in terrorism. In the latter case, the Minister must publish a written notice in the Gazette. Additionally, if the Minister makes a public announcement that a regulation will be made and it is subsequently enacted within 60 days of the Act's Royal Assent, the regulation takes effect at the time of the announcement. The announcement must be published on the internet and in a newspaper circulating in each State and the Northern Territory. Breaching the obligations and requirements set forth by the Act can lead to civil and criminal consequences. Specifically, regulations that cease to have effect under subsections (8) or (9) are treated as if they had been repealed, in accordance with section 50 of the Acts Interpretation Act 1901. While the Act does not specify penalties for failing to meet its requirements, the broader framework of the Criminal Code Act 1995 provides for various penalties, including fines and imprisonment, for breaches of its provisions. The exact penalties depend on the specific offence committed under the broader criminal code.

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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.