Criminal Code Amendment Regulations 2002 (No. 3) 2002 No. 250
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 250
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Criminal Code Act 1995
CRIMINAL CODE AMENDMENT REGULATIONS 2002 (NO. 3)
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 Criminal Code Act 1995 (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 that is specified in regulations.
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)).
Part 2 of the Criminal Code Regulations 2002 provides that the organisations mentioned in Schedule 1 are specified for the purposes of paragraph 102.1(1)(c).
The purpose of the Criminal Code Amendment Regulations 2002 (No. 3) was to insert into Schedule 1 of Part 2 of the Criminal Code Regulations 2002 the organisation 'Jemaah Islamiyah, the network in Southeast Asia, founded by the late Abdullah Sungkar' and its aliases 'Jema'ah Islamiyah; Jemaah Islamiya; Jemaah Islamiah; Jamaah Islamiyah; Jama'ah Islamiyah', in order to apply the offence provisions in Division 102 to persons with links to Jemaah Islamiyah.
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 Jemaah Islamiyah.
Details of the regulations are set out in Attachment A.
The regulations commenced on gazettal.
The Minute recommended that the Regulations be made in the form proposed.
Authority: Section 5 of the Criminal Code Act 1995 and subsection 102.1(3) of the Criminal Code Act 1995
Attachment A
The details of the Criminal Code Amendment Regulations 2002 (No. 3) follow.
Regulation 1 cites the name of the regulations as Criminal Code Amendment Regulations 2002 (No. 3).
Regulation 2 provides that the regulations commenced on gazettal.
Regulation 3 provides that Schedule 1 amended the Criminal Code Regulations 2002.
Item 1 of Schedule 1 inserted the name of the organisation Jemaah Islamiyah, the network in Southeast Asia, founded by the late Abdullah Sungkar, and its aliases into the table in Schedule 1 of the Criminal Code Regulations 2002, in order to specify Jemaah Islamiyah 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. 3) were enacted to address a gap in the existing criminal framework regarding the specification of terrorist organisations under the Criminal Code Act 1995. These regulations, issued by the authority of the Attorney-General, were introduced to ensure that the offence provisions in Division 102, which pertain to activities associated with terrorist organisations, could be effectively applied to individuals linked with Jemaah Islamiyah. This particular terrorist organisation, along with its various aliases, was specified in the regulations to enhance the enforcement capabilities of the Criminal Code Act 1995 against identified terrorist entities. The policy objective, as outlined in the regulations, was to align with international standards set by the United Nations Security Council by ensuring that any organisation specified as a terrorist group under the Act meets the criteria established by the Security Council’s decisions on terrorism.
Scope and Application
The Criminal Code Amendment Regulations 2002 (No. 3) pertains to the Criminal Code Act 1995 and specifically targets the regulation of terrorist organisations within Australia. These regulations apply to any person or entity that has links to organisations specified in the amended Schedule 1 of the Criminal Code Regulations 2002. The regulations extend to the Commonwealth jurisdiction and are enacted to enforce the provisions of Division 102 of the Criminal Code Act 1995, which outlines offences related to terrorist activities. The amendments introduced by these regulations ensure that Jemaah Islamiyah, identified by the United Nations Security Council, is recognised as a terrorist organisation under Australian law, thereby subjecting individuals associated with this group to the strictures of the Act. The regulations came into effect upon gazettal and were enacted under the authority provided by Section 5 and subsection 102.1(3) of the Criminal Code Act 1995.
Key Provisions
The Criminal Code Amendment Regulations 2002 (No. 3) focus on enhancing the regulatory framework surrounding terrorist organisations under the Criminal Code Act 1995. The primary operative section, Regulation 3, specifies the insertion of the organisation Jemaah Islamiyah and its aliases into Schedule 1 of the Criminal Code Regulations 2002. This action classifies Jemaah Islamiyah as a terrorist organisation under the Act, thereby applying the stringent offence provisions detailed in Division 102 of the Criminal Code Act 1995 to individuals associated with the organisation.
The regulations impose specific obligations on the Attorney-General and the Minister. Subsection 102.1(3) of the Criminal Code Act 1995 mandates that before the Governor-General can specify an organisation as a terrorist entity, the Minister must be satisfied on reasonable grounds that the United Nations Security Council has identified the organisation in a decision related to terrorism. Additionally, the organisation must be involved in activities that are preparatory, planning, assisting, or fostering terrorist acts. In this case, the Attorney-General was satisfied on reasonable grounds that Jemaah Islamiyah met these criteria, leading to its inclusion in the regulations.
Breach of the provisions outlined in Division 102 of the Criminal Code Act 1995 carries severe consequences. Engaging in activities such as directing the activities of a terrorist organisation, recruiting for such an organisation, receiving or providing training, or providing funds or resources can result in criminal charges. The maximum penalties for these offences vary depending on the specific activity but generally include significant fines and lengthy imprisonment terms. For instance, directing the activities of a terrorist organisation can result in a penalty of up to 25 years in prison, while membership of a specified terrorist organisation carries a maximum penalty of up to 10 years in prison. These stringent penalties reflect the gravity of the activities associated with terrorism and aim to deter individuals from engaging in such conduct.