Criminal Code Amendment Regulations 2002 (No. 2)

Administered by Attorney-General's Department

Legislation au F2002B00250 Regulations Not in force Legislative Instrument

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Criminal Code Amendment Regulations 2002 (No. 2) 2002 No. 249

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 249

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. 2), issued under the authority of the Attorney-General, were enacted to address the need for the Australian legal system to respond to evolving threats posed by terrorist organisations. The 2002 No. 249 Statutory Rules were issued to amend the Criminal Code Regulations 2002, specifically to list organisations that could be designated as 'terrorist organisations' under the Criminal Code Act 1995. This legislative action was taken in response to the pressing need to enhance the capacity of the Australian legal framework to target and penalise activities associated with terrorist organisations, as defined in the Code. The policy objective behind these regulations was to ensure that Australian law could effectively mirror international efforts to combat terrorism by specifying organisations identified by the United Nations Security Council. This approach aimed to align domestic law with global counter-terrorism initiatives, thereby strengthening the legal arsenal against terrorist activities within and beyond Australian borders.

Scope and Application

The Criminal Code Amendment Regulations 2002 (No. 2) apply to the entities and individuals who are involved in activities associated with terrorist organisations as defined and regulated under the Criminal Code Act 1995. The regulations are designed to extend the applicability of the criminal code to specific organisations identified as terrorist entities. The geographic reach of these regulations is national, affecting all jurisdictions within Australia by enforcing the federal criminal code provisions. The regulations specify an organisation, namely 'Al Qa'ida/ Islamic Army,' as a terrorist organisation, thereby subjecting it to the stringent provisions of the criminal code related to terrorist activities. These regulations are subject to certain conditions, including the requirement that the Minister must be satisfied on reasonable grounds that the organisation has been identified by the United Nations Security Council and is engaged in terrorist activities. Notably, the applicability of these regulations is time-bound, ceasing to have effect on the second anniversary of the day on which they take effect, unless further extended by subsequent regulations. The scope of these regulations can be further expanded or modified through subordinate instruments, as authorised by the relevant sections of the Criminal Code Act 1995.

Key Provisions

The Criminal Code Amendment Regulations 2002 (No. 2) (regulations) amend the Criminal Code Regulations 2002 by inserting the name of an organisation into Schedule 1, which specifies terrorist organisations for the purposes of subsection 102.1(1)(c) of the Criminal Code Act 1995 (Code). The regulations are designed to update the list of organisations considered terrorist under Australian law, aligning it with international standards and decisions by bodies such as the United Nations Security Council. The regulations impose specific obligations on entities and individuals interacting with the specified organisation. Firstly, any person or entity found to be involved in activities such as directing, recruiting, training, or funding the specified organisation would be committing an offence under Division 102 of the Code. This includes being a member of the organisation. Additionally, the regulations require that any such involvement be reported to the relevant authorities, ensuring compliance with national security measures. Breaching these regulations can result in severe penalties. Under the Code, anyone found guilty of offences related to terrorist organisations may face imprisonment for up to 25 years. For instance, directing the activities of a terrorist organisation carries a maximum penalty of 25 years imprisonment, as outlined in section 102.1(1)(a) of the Code. Similarly, recruiting persons to a terrorist organisation, as detailed in section 102.1(1)(b), also incurs a maximum penalty of 25 years imprisonment. The regulations also permit the imposition of fines, which can be substantial, up to the limits specified in the Criminal Code Act 1995. These stringent penalties underscore the seriousness of engaging with terrorist organisations and aim to deter such activities.

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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.