Criminal Code Amendment Regulations 2003 (No. 10)

Administered by Attorney-General's Department

Legislation au F2003B00292 Regulations Not in force Legislative Instrument

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Criminal Code Amendment Regulations 2003 (No. 10) 2003 No. 285

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 285

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Criminal Code Act 1995

CRIMINAL CODE AMENDMENT REGULATIONS 2003 (No. 10)

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 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 (a) of the definition of `terrorist organisation'); an organisation specified in the regulations (paragraph (b) of the definition of `terrorist organisation'); a Hizballah organisation (paragraph (c) of the definition of `terrorist organisation'); a Hamas organisation (paragraph (d) of the definition of `terrorist organisation') or a Lashkar-e-Tayyiba organisation (paragraph (e) of the definition of `terrorist organisation').

Part 2 of the Criminal Code Regulations 2002 provides that the organisations mentioned in Schedule 1A are specified for the purposes of paragraph (d) and (e) of the definition of `terrorist organisation' in subsection 102.1(1) of the Code.

The purpose of the Criminal Code Amendment Regulations 2003 (No. 10) is to insert into Schedule 1A of Part 2 of the Criminal Code Regulations 2002 the names of:

1.       HAMAS' Izz al-Din al-Qassam Brigades and its aliases `Harakat al-Muqawama al-Islamiya - Izz al-Din al-Qassam Brigades'; `Harakat al-Muqawama al-Islamiya's Izz al-Din al-Qassam Brigades'; `Harakat al-Muqawama al-Islamiya - Izz al-Din al-Qassam Brigades'; `Hamas-Izz al-Din al-Qassem'; `Hamas Izz al-Din al-Qassem Brigades' and `Mahas Izz al-Din al-Qassam Brigades'; and

2.       Lashkar-e-Tayyiba and its aliases `Paasban-e-Kashmir'; `Paasban-i-Ahle-Hadith'; `Paasban-e-Ahle Hadis'; `Lashkar-e-Toiba'; `Lashkar-i-Toiba (LiT)'; `Lashkar-i-Tayyiba'; `Lashkar-i-Taiba'; `Lashkar-I-Taiba'; `Lashkar-e-Taibyya'; `Lashkar-e-Taiba'; `Lashkar-Taiba'; `Lashkar e Toiba'; `Lashkar e Taiba'; `Lashker-e-Taiba'; `Lash e-Tayyiba'; `Lashkar-E-Tayyaba'; Lashkar e Tayyiba' and `Lashkar e Tayyaba (LT) ,

in order to apply the offence provisions in Division 102 to persons with links to HAMAS' Izz al-Din al-Qassam Brigades or Lashkar-e-Tayyiba .

Subsection 102.1(7) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (d) or (e) of the definition of `terrorist organisation' in subsection 102.1(1) of the Code, the Minister must be satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act. The Attorney-General is satisfied on reasonable grounds of these matters in relation to HAMAS' Izz al-Din al-Qassam Brigades and Lashkar-e-Tayyiba.

Details of the regulations are set out in Attachment A.

The regulations commence on gazettal.

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

Authority: Section 5 of the Criminal Code Act 1995

Attachment

The details of the proposed Criminal Code Amendment Regulations 2003 (No. 10) follow.

Regulation 1 provides that the Regulations are the Criminal Code Amendment Regulations 2003 (No. 10).

Regulation 2 provides that the Regulations commence on gazettal.

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

Schedule 1 Amendments

Items 1, 2 and 3 amend subregulations 4 (3) and (4) to change the references to Schedule 1A in accordance with the amendment made by item 6.

Item 4 inserts subregulations (5) to (8) into regulation 4 to specify certain Hamas organisations and Lashkar-e-Tayyiba organisations for the purposes of paragraphs (d) and (e) of the definition of terrorist organisation in subsection 102.1 (1) of the Criminal Code.

Item 5 makes a minor technical amendment of the Note to regulation 4.

Item 6 changes the name of Schedule 1A and inserts a Part 1 into that Schedule for Hizballah organisations.

Item 7 inserts new Parts 2 and 3 into Schedule 1A. Part 2 specifies certain Hamas organisations and Part 3 specifies certain Lashkar-e-Tayyiba organisations.

 

Overview

The Criminal Code Amendment Regulations 2003 (No. 10) were enacted to address the need to update the list of specified terrorist organisations under the Criminal Code Act 1995. These regulations were issued under the authority of the Attorney-General, in line with Section 5 of the Criminal Code Act, which allows for the making of regulations necessary or convenient to carry out or give effect to the Code. The primary objective of these amendments is to enhance the effectiveness of the criminal provisions targeting terrorist organisations by ensuring that the list of specified organisations is current and comprehensive, thereby aiding in the enforcement of laws against those who support or are associated with such organisations. The regulations specifically aim to include Hamas’ Izz al-Din al-Qassam Brigades and Lashkar-e-Tayyiba, along with their various aliases, into the Schedule of specified terrorist organisations, thereby extending the scope of the criminal provisions to cover these groups.

Scope and Application

The Criminal Code Amendment Regulations 2003 (No. 10) apply to the provisions under Division 102 of the Criminal Code Act 1995, which deals with offences related to terrorist organisations. This includes individuals and entities involved in directing the activities of a terrorist organisation, recruiting persons to such organisations, receiving or providing training, receiving funds or resources, or being a member of a specified terrorist organisation. These regulations specifically target organisations specified under the definition of a 'terrorist organisation' in subsection 102.1(1) of the Code, such as Hamas' Izz al-Din al-Qassam Brigades and Lashkar-e-Tayyiba, as well as their aliases. The scope of the Act is national, applying across Australia, and it extends to both citizens and non-citizens engaged in the mentioned activities. The regulations are made under the authority granted by Section 5 of the Criminal Code Act 1995, and they come into effect upon gazette publication.

Key Provisions

The main operative sections of the Criminal Code Amendment Regulations 2003 (No. 10) (the Regulations) include Regulation 3, which provides that the Regulations amend the Criminal Code Regulations 2002. These amendments are necessary to implement the offence provisions in Division 102 of the Criminal Code Act 1995 (the Code) to persons with links to specific terrorist organisations. Regulation 4 introduces subregulations (5) to (8) that specify certain Hamas organisations and Lashkar-e-Tayyiba organisations for the purposes of paragraph (d) or (e) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Code. These organisations are listed in Schedule 1A of Part 2 of the Criminal Code Regulations 2002. The Regulations impose several obligations and requirements on the parties or entities they govern. Firstly, they require the Minister to be satisfied on reasonable grounds that the organisations specified in the Regulations are engaged in, preparing, planning, assisting in, or fostering the doing of a terrorist act. This requirement ensures that the organisations included in the Schedule are indeed involved in activities that warrant the application of the terrorist organisation offence provisions. Secondly, the Regulations mandate the insertion of specific Hamas and Lashkar-e-Tayyiba organisations into Schedule 1A of the Criminal Code Regulations 2002. This amendment ensures that the offence provisions in Division 102 of the Code apply to individuals with links to these organisations. Breach of the provisions in the Criminal Code Amendment Regulations 2003 (No. 10) may result in both civil and criminal consequences. Under the Code, offences related to terrorist organisations, such as directing the activities of a terrorist organisation or recruiting persons to such an organisation, carry significant penalties. For instance, subsection 102.1(3) of the Code stipulates that an individual found guilty of an offence under Division 102 may be imprisoned for up to 25 years. Furthermore, subsection 102.1(4) provides that an individual who engages in terrorist activities as part of a terrorist organisation may face a maximum penalty of life imprisonment. These severe penalties underscore the seriousness with which the Australian legal system regards offences related to terrorist 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.