Criminal Code Amendment (Terrorist Organisations) Act 2004

Administered by Attorney-General's Department

Legislation au C2004A01241 In force Act

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No. 7, 2004

An Act to amend the Criminal Code Act 1995, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Criminal Code Act 1995

Criminal Code Amendment (Terrorist Organisations) Act 2004

No. 7, 2004

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 10 March 2004]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Criminal Code Amendment (Terrorist Organisations) Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Criminal Code Act 1995

1 The Schedule (subsection 102.1(2) of the Criminal Code)

Repeal the subsection, substitute:

(2) Before the Governor‑General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).

(2A) Before the Governor‑General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

2 The Schedule (subsections 102.1(4), (5) and (6) of the Criminal Code)

Repeal the subsections, substitute:

(4) If:

(a) an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and

(b) the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur);

the Minister must, by written notice published in the Gazette, make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.

(5) To avoid doubt, subsection (4) does not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the Minister becomes satisfied as mentioned in subsection (2).

(6) If, under subsection (3) or (4), a regulation ceases to have effect, section 50 of the Acts Interpretation Act 1901 applies as if the regulation had been repealed.

3 The Schedule (at the end of section 102.1 of the Criminal Code)

Add:

(17) If:

(a) an organisation (the listed organisation) is specified in regulations made for the purposes of paragraph (b), (c), (d) or (e) of the definition of terrorist organisation in this section; and

(b) an individual or an organisation (which may be the listed organisation) makes an application (the de‑listing application) to the Minister for a declaration under subsection (4), (9), (10A) or (10C), as the case requires, in relation to the listed organisation; and

(c) the de‑listing application is made on the grounds that there is no basis for the Minister to be satisfied that the listed organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur);

the Minister must consider the de‑listing application.

(18) Subsection (17) does not limit the matters that may be considered by the Minister for the purposes of subsections (4), (9), (10A) and (10C).

4 The Schedule (after section 102.1 of the Criminal Code)

Insert:

102.1A Reviews by Parliamentary Joint Committee on ASIO, ASIS and DSD

Review of listing regulation

(1) If a regulation made after the commencement of this section specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1, the Parliamentary Joint Committee on ASIO, ASIS and DSD may:

(a) review the regulation as soon as possible after the making of the regulation; and

(b) report the Committee’s comments and recommendations to each House of the Parliament before the end of the applicable disallowance period for that House.

Review of listing provisions

(2) The Parliamentary Joint Committee on ASIO, ASIS and DSD has the following functions:

(a) to review, as soon as possible after the third anniversary of the commencement of this section, the operation, effectiveness and implications of subsections 102.1(2), (2A), (4), (5), (6), (17) and (18) as in force after the commencement of this section;

(b) to report the Committee’s comments and recommendations to each House of the Parliament and to the Minister.

Review of listing regulation—extension of applicable disallowance period

(3) If the Committee’s report on a review of a regulation is tabled in a House of the Parliament:

(a) during the applicable disallowance period for that House; and

(b) on or after the eighth sitting day of the applicable disallowance period;

then whichever of the following provisions is applicable:

(d) Part 5 of the Legislative Instruments Act 2003;

have or has effect, in relation to that regulation and that House, as if each period of 15 sitting days referred to in those provisions were extended in accordance with the table:

Extension of applicable disallowance period
Item	If the Committee’s report is tabled in that House...	extend the period of 15 sitting days by...
1	on the fifteenth sitting day of the applicable disallowance period	8 sitting days of that House
2	on the fourteenth sitting day of the applicable disallowance period	7 sitting days of that House
3	on the thirteenth sitting day of the applicable disallowance period	6 sitting days of that House
4	on the twelfth sitting day of the applicable disallowance period	5 sitting days of that House
5	on the eleventh sitting day of the applicable disallowance period	4 sitting days of that House
6	on the tenth sitting day of the applicable disallowance period	3 sitting days of that House
7	on the ninth sitting day of the applicable disallowance period	2 sitting days of that House
8	on the eighth sitting day of the applicable disallowance period	1 sitting day of that House

Applicable disallowance period

(4) For the purposes of the application of this section to a regulation, the applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the regulation, or a copy of the regulation, was laid before that House in accordance with whichever of the following provisions was applicable:

(a) paragraph 48(1)(c) of the Acts Interpretation Act 1901;

(b) section 38 of the Legislative Instruments Act 2003.

[Minister’s second reading speech made in—

House of Representatives on 29 May 2003

Senate on 16 June 2003]

(80/03)

Overview

The Criminal Code Amendment (Terrorist Organisations) Act 2004 was enacted to address the need for updated legislative measures to tackle terrorist activities in Australia. This Act amends the Criminal Code Act 1995, introducing stricter criteria and processes for listing terrorist organisations. The Act was introduced to ensure that the Minister must be satisfied on reasonable grounds that an organisation is involved in terrorist activities before it can be specified in regulations. Furthermore, the Act mandates that the Minister must brief the Leader of the Opposition before making such regulations. Additionally, it provides for reviews by the Parliamentary Joint Committee on ASIO, ASIS and DSD, ensuring that the operation and effectiveness of these provisions are regularly assessed. The Act was passed by the Parliament of Australia and received Royal Assent on 10 March 2004. The policy objective behind this legislation is to strengthen Australia's counter-terrorism measures by ensuring a thorough and transparent process for designating organisations as terrorist entities. This includes requiring ministerial satisfaction based on reasonable grounds and involving parliamentary oversight to maintain checks and balances in the process.

Scope and Application

The Criminal Code Amendment (Terrorist Organisations) Act 2004 is a Commonwealth Act that amends the Criminal Code Act 1995 to provide for the regulation of terrorist organisations within Australia. The Act applies to any individual or entity that is subject to the definition and regulatory framework of a "terrorist organisation" under the amended Criminal Code. This includes any person or organisation that the Minister can reasonably satisfy is directly or indirectly engaged in, preparing, planning, assisting in, or fostering the doing of a terrorist act. The Act establishes criteria and processes for listing and de-listing organisations as terrorist entities, as well as procedures for reviewing these listings by the Parliamentary Joint Committee on ASIO, ASIS and DSD. The Act also outlines the consequences of being listed as a terrorist organisation, including specific criminal offences and penalties. The geographic and jurisdictional reach of the Act is nationwide, applying to all persons and entities within Australia. The Act does not explicitly state exclusions or exemptions, but the application of its provisions is contingent upon the fulfilment of the criteria for listing an organisation as a terrorist entity. The Act can be extended or restricted through subordinate instruments, such as regulations and parliamentary reviews, which are integral to its operational framework. The Act thus provides a comprehensive legislative mechanism for managing the threat posed by terrorist organisations in Australia, balancing national security concerns with the need for oversight and accountability.

Key Provisions

The Criminal Code Amendment (Terrorist Organisations) Act 2004 introduces significant changes to the Criminal Code Act 1995, particularly concerning the identification and regulation of terrorist organisations. The primary amendments involve the Minister's responsibility in determining whether an organisation should be listed as a terrorist organisation and the procedural requirements before such regulations can be made (sections 102.1(2) and 102.1(2A)). Before the Governor-General can specify an organisation as a terrorist organisation, the Minister must be satisfied on reasonable grounds that the organisation is involved in terrorist activities. Additionally, the Minister must brief the Leader of the Opposition on the proposed regulation. If the Minister no longer believes the organisation is involved in terrorist activities, they must declare this in the Gazette, and the regulation will cease to have effect (sections 102.1(4), 102.1(5), and 102.1(6)). The Act also provides for de-listing applications, where individuals or organisations can apply to the Minister for a specified organisation to be removed from the list if there is no basis for it to be considered a terrorist organisation (section 102.1(17) and 102.1(18)). Entities governed by the Act, primarily the Minister and the Governor-General, must follow specific procedures when dealing with the listing and de-listing of terrorist organisations. The Minister must be satisfied on reasonable grounds before making a regulation specifying an organisation as a terrorist organisation and must brief the Leader of the Opposition. Additionally, the Minister must consider any de-listing applications and review the organisation's status if necessary. The Governor-General must make regulations in line with the Minister's satisfaction and must also ensure that regulations cease to have effect if the Minister declares that the organisation is no longer involved in terrorist activities. The Parliamentary Joint Committee on ASIO, ASIS and DSD is tasked with reviewing regulations and provisions related to the listing of terrorist organisations, ensuring transparency and accountability (section 102.1A). The Act outlines specific offences and penalties for breaches related to the listing of terrorist organisations. While the Act itself does not detail specific penalties, breaches of the regulations or failure to comply with the Act's provisions could lead to legal consequences under the Criminal Code Act 1995. Penalties for offences under the Criminal Code Act can include fines and imprisonment, depending on the severity of the offence. The Act's amendments aim to strengthen the process for identifying and regulating terrorist organisations, ensuring that the criteria and procedures are followed meticulously to maintain national security.

Area of Law: Criminal Law
Instrument: Act
Concepts: Commencement Provisions; Regulatory Standards; Parliamentary Oversight

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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.

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