Criminal Code Amendment Regulations 2003 (No. 2)

Overview

The Criminal Code Amendment Regulations 2003 (No. 2) were enacted to address the need for more comprehensive measures to combat terrorism by updating the list of specified terrorist organisations under the Criminal Code Act 1995. The regulations were made under the authority of the Attorney-General, following the requirements outlined in the Criminal Code Act 1995, specifically section 5 and subsection 102.1(3), which allow for the addition of terrorist organisations to the regulations. The policy objective of these amendments was to align Australian law with international efforts by adding Ansar al-Islam and its various aliases to the list of specified terrorist organisations. This addition ensures that the provisions related to terrorist activities, as defined in Division 102 of the Criminal Code, apply to individuals linked to these organisations. The amendments were enacted by the Australian Government and came into force upon gazettal.

Scope and Application

The Criminal Code Amendment Regulations 2003 (No. 2) apply to persons who are involved in activities related to the specified terrorist organisation, Ansar al-Islam, and its aliases. These include 'Devotees of Islam', 'Jund al-Islam', 'Soldiers of Islam', 'Kurdistan Supporters of Islam', 'Supporters of Islam in Kurdistan', 'Followers of Islam in Kurdistan', 'Kurdistan Taliban', and 'Soldiers of God'. The Act applies to any individual or entity that engages in the activities outlined in Division 102 of the Criminal Code Act 1995, such as directing the activities of a terrorist organisation, recruiting persons to such an organisation, receiving or providing training, or being a member of it. The geographic reach of the Act is national, as it pertains to the Australian jurisdiction and aligns with the broader objectives of the Criminal Code Act 1995. The regulations extend the application of the Act by specifying Ansar al-Islam as a terrorist organisation, thereby subjecting individuals connected to it to the penalties and provisions outlined in the Act. The regulations were made under the authority of Section 5 of the Criminal Code Act 1995 and subsection 102.1(3) of the same Act.

Key Provisions

The main operative sections of the Criminal Code Amendment Regulations 2003 (No. 2) focus on the addition of the organisation Ansar al-Islam and its various aliases to Schedule 1 of the Criminal Code Regulations 2002 (Regulation 3, Item 1). This amendment is made to ensure that the provisions in Division 102 of the Criminal Code Act 1995 (the Code) apply to individuals with connections to Ansar al-Islam. Division 102 outlines offences related to terrorist organisations, such as directing activities, recruiting, training, and providing financial support. By specifying Ansar al-Islam, the regulations align it with the definition of a 'terrorist organisation' under section 102.1(1) of the Code, which includes organisations engaged in or planning terrorist acts or those specified by regulations. The obligations and requirements imposed by these regulations on the parties or entities they govern primarily revolve around compliance with the updated Schedule 1. Specifically, individuals and entities must now adhere to the provisions outlined in Division 102, which cover a range of activities associated with terrorist organisations. This includes ensuring that they do not engage in or support activities such as directing the activities of, recruiting for, receiving or providing training to, or providing financial support to the specified organisation. The regulations also mandate that entities subject to the Code must take reasonable steps to prevent any involvement with the listed terrorist organisation, reflecting the stringent measures intended to combat terrorism. In terms of offences, penalties, and consequences, the regulations do not explicitly state penalties within the explanatory statement. However, the offences under Division 102 of the Criminal Code Act 1995 are subject to severe penalties. For example, offences related to being a member of a terrorist organisation can incur a penalty of up to 25 years imprisonment, as per section 102.5 of the Code. Other activities such as directing the activities of a terrorist organisation (section 102.1) and recruiting for a terrorist organisation (section 102.2) can result in penalties up to 25 and 15 years imprisonment respectively. The inclusion of Ansar al-Islam in Schedule 1 therefore subjects any associated activities to these stringent penalties, reinforcing the seriousness of the offences under the Code.