Criminal Code Amendment Regulations 2003 (No. 9) 2003 No. 184
REVISED EXPLANATORY STATEMENT
STATUTORY RULES 2003 NO. 184
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Criminal Code Act 1995
CRIMINAL CODE AMENDMENT REGULATIONS 2003 (NO. 9)
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'); or a Hizballah organisation (paragraph (c) 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 (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Code.
The purpose of the Criminal Code Amendment Regulations 2003 (No. 9) is to insert into Schedule 1A of Part 2 of the Criminal Code Regulations 2002 the name of the Hizballah External Security Organisation and its aliases 'Islamic Jihad; Hizballah External Security Apparatus', in order to apply the offence provisions in Division 102 to persons with links to the Hizballah External Security Organisation.
Subsection 102.1(7) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Code, the Minister must be satisfied on reasonable grounds that the Hizballah External Security Organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(3)(c)). The Attorney-General is satisfied on reasonable grounds of these matters in relation to the Hizballah External Security Organisation.
Details of the regulations are set out in Attachment A.
The regulations commenced on 5 June 2003.
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 proposed Criminal Code Amendment Regulations 2003 (No. 9) follow.
Regulation 1 cites the name of the proposed regulations as Criminal Code Amendment Regulations 2003 (No. 9).
Regulation 2 provides that the proposed regulations are taken to have commenced on 5 June 2003.
Regulation 3 provides that proposed Schedule 1 amends the Criminal Code Regulations 2002.
Item 1 of Schedule 1 proposes to substitute a new Regulation 4 to reflect amendments to subsection 102.1(1) in which a new paragraph (c) is inserted to include Hizballah organisations in the definition of terrorist organisation.
The proposed Regulation 4 identifies a new Schedule 1A for the purposes of specifying a Hizballah organisation in the Regulations for the purposes of Part 5.3 of the Criminal Code Act 1995.
Item 2 of Schedule 1 proposes to insert new Schedule 1A into the Criminal Code Regulations 2002 naming the organisation Hizballah External Security Organisation and its aliases in the table, in order to specify that organisation as a terrorist organisation for the purposes of paragraph (c) of the definition of 'terrorist organisation' in subsection 102.1(1) of the Criminal Code Act 1995.
Overview
The Criminal Code Amendment Regulations 2003 (No. 9) were enacted to address the need for a more robust legislative framework to combat terrorism in Australia. These regulations were introduced to specifically target organisations linked to terrorism, particularly the Hizballah External Security Organisation, by ensuring that individuals associated with such organisations could be held accountable under the Criminal Code Act 1995. Enacted by the Parliament of Australia under the authority granted by Section 5 of the Criminal Code Act 1995, these regulations aim to enhance the effectiveness of the criminal law in preventing and punishing acts of terrorism. The policy objective of these amendments is to align the legal definition of terrorist organisations with the evolving nature of terrorist activities, thereby providing law enforcement agencies with the necessary tools to combat terrorism more effectively.
Scope and Application
The Criminal Code Amendment Regulations 2003 (No. 9) applies to the criminal law framework established by the Criminal Code Act 1995, specifically targeting individuals and organisations involved in terrorist activities. The regulations are designed to enhance the reach of the criminal provisions by specifying additional entities that are to be considered terrorist organisations under the Act. This includes Hizballah organisations, with the Hizballah External Security Organisation and its aliases being explicitly named. The regulations operate on a national level across Australia, reflecting the Commonwealth's role in managing terrorism-related offences. The regulations do not introduce new criminal conduct but rather extend the application of existing offences to cover new entities, thereby ensuring that the legal framework remains responsive to evolving threats. The regulations came into effect on 5 June 2003, and their application is not subject to any specific exclusions or thresholds other than those stipulated by the Criminal Code Act 1995. The regulatory power to specify additional terrorist organisations is exercised through subordinate legislation, ensuring that the Act can be adapted as necessary to address emerging security concerns.
Key Provisions
The key provisions of the Criminal Code Amendment Regulations 2003 (No. 9) focus on amending the Criminal Code Regulations 2002 to include the Hizballah External Security Organisation and its aliases as specified terrorist organisations. Regulation 1 names the regulations, while Regulation 2 establishes the commencement date of 5 June 2003. Regulation 3 details amendments to the Criminal Code Regulations 2002, particularly in relation to the definition of 'terrorist organisation'. Regulation 4 introduces a new Schedule 1A that specifically identifies the Hizballah External Security Organisation and its aliases, thereby incorporating them into the regulations as specified terrorist organisations. This amendment ensures that the offence provisions in Division 102 of the Criminal Code Act 1995 apply to individuals linked to this organisation.
These regulations impose obligations on the parties and entities they govern by requiring them to comply with the expanded definition of 'terrorist organisation'. This means that any activities related to the Hizballah External Security Organisation, such as directing its activities, recruiting members, or providing it with funds, are now subject to the criminal provisions outlined in Division 102. Additionally, the regulations necessitate that law enforcement and relevant authorities recognise and act upon the specified aliases of the organisation, ensuring a comprehensive approach to enforcing the law against terrorist activities associated with this group.
The breach of these regulations can result in serious consequences, as the amendments bring the Hizballah External Security Organisation under the purview of existing terrorism-related offences. These offences can include significant penalties such as imprisonment, reflecting the severity of engaging in activities that support terrorist organisations. The exact penalties would be determined in accordance with the specific provisions of the Criminal Code Act 1995, but they can include substantial fines and lengthy prison sentences, depending on the nature and severity of the offence. The incorporation of the Hizballah External Security Organisation into the regulations underscores the commitment to preventing and penalising terrorist activities effectively.