Criminal Code Amendment Regulations 2005 (No. 11)

Administered by Attorney-General's Department

Legislation au F2005L01203 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 87

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

 

Criminal Code Act 1995

 

Criminal Code Amendment Regulations 2005 (No. 11)

 

 

Section 5 of the Criminal Code Act 1995 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.  The Schedule to the Act sets out the Criminal Code (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; being a member of a terrorist organisation; recruiting persons to a terrorist organisation; receiving training from or providing training to a terrorist organisation; being an associate of and receiving funds from or making available funds, support or resources to a terrorist organisation.

 

Paragraphs (a) to (e) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code define a ‘terrorist organisation’ to be:

 

  • an organisation engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph (a));
  • an organisation specified in the regulations (paragraph (b));
  • a Hizballah organisation (paragraph (c));
  • a Hamas organisation (paragraph (d)); or
  • a Lashkar-e-Tayyiba organisation (paragraph (e)).

 

The purpose of the Regulations is to amend the Criminal Code Regulations 2002 to specify the organisation Lashkar-e-Tayyiba (LeT) and its aliases, Lashkar-e-Toiba; Lashkar-e-Taiba; Army of the Pure and Righteous; Paasban-e-Kashmir; Paasban-i-Ahle-Hadith; Jamaat-ud-Dawa; for the purpose of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code.  The effect of specifying the organisation is to enable the offence provisions in Division 102 of the Code to apply to persons with links to this organisation.

 

Pursuant to subsection 102.1(3) of the Code, regulations for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ cease to have effect on the second anniversary of the day on which they take effect.

 

Subsection 102.1(1) of the Code prescribes Lashkar-e-Tayyiba as a terrorist organisation.  Schedule 1A Part 3 was inserted by Statutory Rules 2003 No. 285 with effect on 9 November 2003 and will cease to have effect on 9 November 2005.  This organisation was listed as Lashkar-e-Tayyiba  (translated as The Army of the Pure and Righteous or The Army of the Righteous)  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 (translated as Holy Regiment);                                  Lashkar-I-Taiba, Lashkar-e-Taibyya; Lashkar-e-Taiba (translated as Righteous Army); Lashkar-Taiba (translated as Army of the Good); Lashkar e Toiba; Lashkar e Taiba; Lashker-e-Taiba; Lash e-Tayyiba; Lashkar-E-Tayyaba; Lashkar e Tayyiba; Lashkar e Tayyaba (LT).  The Regulations continue the listing of this organisation for a further 2 years. 

Although Lashkar-e-Tayyiba has another 6 months before the second anniversary of its original listing, it was re-listed to early ensure that all regulations are being made in a uniform and free standing manner and to ensure that terrorist organisations do not sunset prematurely.

 

Subsection 102.1(2) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (b) 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.

 

Subsection 102.1(2A) of the Code provides that before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

 

Section 102.9 of the Code provides that section 15.4 (extended geographical jurisdiction - category D) applies to an offence against Division 102 of the Code.  The effect of applying section 15.4 is that offences in Division 102 of the Code apply to conduct (or the results of such conduct) constituting the alleged offence whether or not the conduct (or the result) occurs in Australia.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on 5 June 2005.

 

 

 

 

Overview

The Criminal Code Amendment Regulations 2005 (No. 11) were enacted to address the need for timely and effective regulation of terrorist organisations, specifically focusing on the listing and continuous monitoring of such entities within the Criminal Code Act 1995. These Regulations were issued by the authority of the Attorney-General and made pursuant to the authority granted under section 5 of the Act. They aim to ensure that the provisions of the Criminal Code, particularly those related to terrorist organisations, are applied uniformly and without premature expiration. The Regulations specifically list the organisation Lashkar-e-Tayyiba and its various aliases, thereby enabling the enforcement of the Code's provisions against individuals linked to this organisation. This legislative measure was necessary to provide clarity and continuity in the regulation of terrorist activities by ensuring that the listing of terrorist organisations is updated in a timely and consistent manner.

Scope and Application

The Criminal Code Amendment Regulations 2005 (No. 11) pertains to the Criminal Code Act 1995, which applies to individuals and entities that engage in activities associated with terrorist organisations as defined in the Code. These activities include directing the activities of a terrorist organisation, being a member of such an organisation, recruiting for it, receiving or providing training, and being an associate that receives or makes available funds, support, or resources to it. The regulations specifically target the organisation Lashkar-e-Tayyiba and its various aliases, classifying it as a terrorist organisation for the purposes of the Act. The application of the Act is not limited by geography, as indicated by the extended geographical jurisdiction under section 15.4, meaning the offences can apply to conduct occurring outside Australia. The regulations were made to ensure continued application of the Act's provisions and were subject to a ministerial requirement to be satisfied on reasonable grounds that the organisation was engaged in terrorist activities, as well as a procedural requirement to brief the Leader of the Opposition. The regulations commenced on 5 June 2005 and will remain in effect for two years from that date.

Key Provisions

The Criminal Code Amendment Regulations 2005 (No. 11) primarily focus on updating the list of terrorist organisations as defined in the Criminal Code Act 1995 (the Act). Section 102.1 of the Act defines a 'terrorist organisation' and specifies that the Governor-General can make regulations to add or update organisations deemed to fall under this definition. The Regulations specifically aim to list the organisation Lashkar-e-Tayyiba and its aliases as a terrorist organisation (subsection 102.1(1)). This amendment allows the provisions in Division 102 of the Code to apply to individuals associated with this organisation, thereby extending the legal framework to cover activities related to this group. The Regulations impose specific obligations on the Minister and the Governor-General in the process of listing an organisation as a terrorist group. According to subsection 102.1(2) of the Code, the Minister must be satisfied on reasonable grounds that the organisation is engaged in activities related to terrorism before proposing regulations to the Governor-General. Furthermore, subsection 102.1(2A) mandates that the Minister must brief the Leader of the Opposition on the proposed regulation. These provisions ensure that there is a thorough review and political oversight in the process of designating an organisation as terrorist, thus maintaining transparency and accountability. Breach of any provisions in Division 102 of the Code can lead to various offences and penalties. For example, directing the activities of a terrorist organisation (section 102.2) can result in imprisonment for up to 25 years. Being a member of a terrorist organisation (section 102.3) carries a maximum penalty of 10 years imprisonment. Recruiting persons to a terrorist organisation (section 102.4) can lead to imprisonment for up to 15 years. Offences such as receiving training from or providing training to a terrorist organisation (section 102.5) and being an associate of and receiving funds from or making available funds, support, or resources to a terrorist organisation (section 102.6) also come with significant penalties, ranging from 5 to 25 years imprisonment depending on the severity of the offence. These stringent penalties underscore the seriousness with which the Act treats involvement with 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.