Criminal Code Amendment Regulations 2002 (No. 1)

Administered by Attorney-General's Department

Legislation au F2002B00249 Regulations Not in force Legislative Instrument

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Criminal Code Amendment Regulations 2002 (No. 1) 2002 No. 248

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 248

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Criminal Code Act 1995

CRIMINAL CODE AMENDMENT REGULATIONS 2002 (No. 1)

CRIMINAL CODE AMENDMENT REGULATIONS 2002 (No. 2)

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

Subsection 102.1(1) of the Code defines a 'terrorist organisation' to be either an organisation engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(1)(a)), or an organisation specified in the regulations (paragraph 102.1(1)(c)).

There are two sets of regulations in this package. The purpose of the Criminal Code Amendment Regulations 2002 (No. 1) was to insert Schedule 1 into the Criminal Code Regulations 2002 into which the names of organisations to be specified as 'terrorist organisations' can be inserted.

The purpose of the remaining regulation was to insert into the new Schedule 1 the name of an organisation to be specified as a 'terrorist organisation' for the purposes of paragraph 102.1(1)(c) of the Code so that the offence provisions of the Code will be applicable to this organisation.

Subsection 102.1(3) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph 102.1(1)(c) of the Code, the Minister must be satisfied on reasonable grounds that: the Security Council of the United Nations has identified the organisation in a decision relating wholly or partly to terrorism, or in a mechanism under such a decision (paragraphs 102.1(3)(a)&(b)); and the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(3)(c)). The Attorney-General was satisfied on reasonable grounds of these matters in relation to 'Al Qa'ida/ Islamic Army, a.k.a. (a) "The Base", (b) Al Qaeda, (c) Islamic Salvation Foundation, (d) The Group for the Preservation of the Holy Sites, (e) The Islamic Army for the Liberation of Holy Places, (f) The World Islamic Front for Jihad Against Jews and Crusaders, (g) Usama Bin Laden Network, (h) Usama Bin Laden Organization.'

Details of the package of regulations are set out in Attachments A and B.

The Criminal Code Amendment Regulations 2002 (No. 1) commenced on gazettal.

The remaining regulation commences on the day after the last day on which it could be disallowed under s. 48 of the Acts Interpretation Act 1901 (regulation 2).

The Minute recommended that the Regulations be made in the form proposed.

Authority: Section 5 of the Criminal Code Act 1995 for the Criminal Code Amendment Regulations 2002 (No. 1); paragraph 102.1(3) of the Criminal Code Act 1995 for the remaining regulation

Attachment A

The details of the Criminal Code Amendment Regulations (No. 1) follow.

Regulation 1 cites the name of the regulations as the Criminal Code Amendment Regulations 2002 (No. 1).

Regulation 2 provides that the proposed regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Criminal Code Regulations 2002 and that Schedule 2 amends the Criminal Code Regulations 2002, as amended by Schedule 1.

Item 1 of Schedule 1 renumbers regulation 4 as regulation 5.

Item 1 of Schedule 2 inserts the heading 'Part 1 - Preliminary' before regulation 1.

Item 2 of Schedule 2 inserts 'Part 2 - Security of the Commonwealth' after regulation 3, which provides that the organisation mentioned in Schedule 1 is specified as terrorist organisations for the purposes of paragraph (c) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code Act 1995. The note provides that, in accordance with subsection 102.1 of the Criminal Code Act 1995, any regulation made specifying an organisation will cease to have effect on the second anniversary of the day on which it takes effect.

Item 2 of Schedule 2 also inserts the heading 'Part 3 - National infrastructure' after Part 2.

Item 3 of Schedule 2 inserts the heading 'Schedule 1 - Terrorist organisations' after regulation 5.

Attachment B

The details of the Criminal Code Amendment Regulations (No. 2) follow.

Regulation 1 cites the name of the regulations as Criminal Code Amendment Regulations 2002 (No. 2).

Regulation 2 provides that the regulations commence on the day after the last day on which they may be disallowed under section 48 of the Acts Interpretation Act 1901.

Regulation 3 provides that Schedule 1 amends the Criminal Code Regulations 2002.

Item 1 of Schedule 1 inserts the name of the organisation which was specified as a terrorist organisation for the purposes of paragraph 102.1(1)(c) of the Criminal Code Act 1995.

 

Overview

The Criminal Code Amendment Regulations 2002 (No. 1) and (No. 2) were introduced under the authority of Section 5 of the Criminal Code Act 1995, enabling the Governor-General to enact regulations necessary for implementing the Code. The primary objective of these regulations was to address the need to specify certain organisations as 'terrorist organisations' for the purposes of the Code, thereby enabling the application of the Code's provisions related to terrorist activities. The regulations were enacted by the Commonwealth Parliament to ensure that the criminal law could effectively target and deter individuals associated with designated terrorist organisations. The Criminal Code Amendment Regulations 2002 (No. 1) established a framework within the Criminal Code Regulations 2002 for listing these organisations, while the Criminal Code Amendment Regulations 2002 (No. 2) specified a particular organisation as a 'terrorist organisation'. This legislative action was taken to align Australia’s legal framework with international efforts to combat terrorism, particularly in response to United Nations Security Council decisions.

Scope and Application

The Criminal Code Amendment Regulations 2002 (No. 1) and (No. 2) pertain to the Criminal Code Act 1995, which applies to the Commonwealth of Australia. The regulations specifically target conduct and organisations involved in terrorism, with a particular focus on those that direct, recruit, train, fund, or are members of terrorist organisations as defined in the Code. The primary purpose of these regulations is to list and specify terrorist organisations, thus extending the application of the Code's offence provisions to such organisations. The Attorney-General must be satisfied on reasonable grounds that the organisation has been identified by the United Nations Security Council and is engaged in terrorist activities before including it in the regulations. These regulations commenced on gazettal for the first set and on the day following the disallowance period for the second set. The specified terrorist organisation, Al Qa'ida/ Islamic Army, is subject to the same offences as other terrorist organisations under the Code. The regulations also include provisions for automatic cessation of effect two years after commencement, aligning with the broader legislative framework aimed at maintaining the relevance and efficacy of counter-terrorism measures.

Key Provisions

The Criminal Code Amendment Regulations 2002 (No. 1) (regulations) serve to amend the Criminal Code Regulations 2002 by inserting a new Schedule 1. This schedule allows for the inclusion of names of organisations to be specified as 'terrorist organisations' for the purposes of the Criminal Code Act 1995 (Code) (regulation 3). Schedule 2 further amends the Criminal Code Regulations 2002 by renumbering certain regulations and inserting new headings to organise the content (item 1 and 2 of Schedule 2). The regulations also note that any regulation made under subsection 102.1(3) of the Code will cease to have effect on the second anniversary of the day it takes effect (item 2 of Schedule 2). Under these regulations, the Minister must be satisfied on reasonable grounds that an organisation identified by the United Nations Security Council in a decision relating to terrorism is engaged in activities that constitute a terrorist act before the Governor-General can make regulations specifying that organisation as a 'terrorist organisation' (subsection 102.1(3) of the Code). The regulations impose a requirement on the Minister to ensure that such decisions are made based on reasonable grounds before any regulations are enacted. The regulations also establish potential offences and penalties for those found to be members of, or involved in activities with, organisations specified as 'terrorist organisations'. The Code outlines various offences, including directing the activities of a terrorist organisation, recruiting for such an organisation, providing or receiving training from a terrorist organisation, and receiving or making available funds or resources to a terrorist organisation. These offences carry severe penalties, including lengthy imprisonment terms. Additionally, any person found to be a member of a specified terrorist organisation is also subject to prosecution under the Code. The Attorney-General was satisfied on reasonable grounds that the organisation 'Al Qa'ida/ Islamic Army' met the criteria for being specified as a 'terrorist organisation'. This led to the insertion of this organisation's name into Schedule 1 of the Criminal Code Regulations 2002, thereby making it subject to the provisions of the Code. These provisions include specific criminal penalties, reinforcing the regulatory framework aimed at combating terrorism. The regulations themselves provide for the cessation of effect after two years unless renewed, ensuring periodic review and reassessment of the specified organisations.

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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.