Criminal Code Amendment Regulations 2005 (No. 9)

Overview

The Criminal Code Amendment Regulations 2005 (No. 9), issued under the authority of the Attorney-General, amend the Criminal Code Act 1995 to specify the organisation known as Hizballah’s External Security Organisation (ESO) and its alias, Islamic Jihad Organisation, as a terrorist organisation. This was enacted to address the gap in existing law to ensure that individuals associated with this specific organisation can be prosecuted under the provisions of Division 102 of the Criminal Code, which outlines offences in relation to terrorist organisations. The enacting body is the Parliament of Australia, and the policy objective is to enhance national security by enabling the enforcement of criminal provisions against individuals linked to organisations that engage in, prepare, plan, assist in, or foster terrorist activities. The regulations extend the listing of this organisation for a further two years, ensuring continued legal effect and allowing for the prosecution of individuals connected to this terrorist organisation regardless of where the offences occur.

Scope and Application

The Criminal Code Amendment Regulations 2005 (No. 9) pertain to the Criminal Code Act 1995, which governs the criminal law of the Commonwealth of Australia. These regulations specifically amend the Criminal Code Regulations 2002 to identify the Hizballah's External Security Organisation (ESO) and its alias, the Islamic Jihad Organisation, as a terrorist organisation. This designation enables the application of the offence provisions in Division 102 of the Code to individuals associated with this organisation. The application of these provisions is not limited to activities occurring within Australia, as extended geographical jurisdiction provisions allow the application of these offences to conduct and its consequences regardless of where they occur. The regulations are applicable to any person or entity that has links to the specified organisation, thereby extending the reach of Australia's criminal law to combat terrorism on a national and international scale. The regulations are subject to a two-year validity period, after which they automatically cease to have effect unless further action is taken by the Governor-General.

Key Provisions

The Criminal Code Amendment Regulations 2005 (No. 9) (the Regulations) amend the Criminal Code Regulations 2002 by specifying Hizballah’s External Security Organisation (ESO) and its alias Islamic Jihad Organisation as a terrorist organisation (subsection 102.1(1) of the Code). The purpose of this specification is to ensure that the offence provisions in Division 102 of the Code can be applied to individuals who are linked to this organisation. The Regulations continue the listing of this organisation for an additional two years from the date they take effect. Under the Act, the Minister must be satisfied on reasonable grounds that the organisation is engaged in activities related to terrorism, such as preparing, planning, assisting in, or fostering terrorist acts, before making regulations to specify the organisation as a terrorist organisation (subsection 102.1(2) of the Code). Additionally, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed about the proposed regulation before it is made (subsection 102.1(2A) of the Code). The Regulations, which commenced on 5 June 2005, are set to cease having effect on 5 June 2007. The Act imposes obligations on parties and entities by defining a 'terrorist organisation' as one that is engaged in terrorist activities, specified in regulations, or identified as a Hizballah, Hamas, or Lashkar-e-Tayyiba organisation. The Regulations specifically list Hizballah’s External Security Organisation, also known as the Islamic Jihad Organisation, as a terrorist organisation, thereby extending the scope of the Act's provisions to this entity. These obligations ensure that the relevant legal framework can be applied effectively to combat terrorism. Offences under Division 102 of the Code, such as directing the activities of a terrorist organisation, being a member of such an organisation, recruiting to it, or receiving or providing training, carry significant penalties. The maximum penalties for these offences vary depending on the specific offence but can include substantial fines and imprisonment terms. Additionally, the extended geographical jurisdiction in section 15.4 of the Code means that these offences can be prosecuted even if the conduct or its results occur outside Australia. Non-compliance with the Act’s provisions can result in both civil and criminal consequences, including fines and imprisonment.