Long Service Leave (Commonwealth Employees) Regulations (Amendment)

Overview

The Criminal Code Amendment Regulations 2003 (No. 3) were enacted to address the need for updating the list of terrorist organisations under the Criminal Code Act 1995. These regulations were introduced by the Australian Government, as authorised by the Attorney-General, to align the domestic legislation with international obligations and security concerns. Specifically, they aim to incorporate the Al-Jihad/Egyptian Islamic Movement and its aliases into the list of specified terrorist organisations, thereby extending the scope of criminal liability under Division 102 of the Criminal Code to individuals associated with this group. This amendment was made in response to reasonable grounds established by the Minister and the Attorney-General that the organisation meets the criteria outlined in subsection 102.1(3) of the Act, including being identified by the United Nations Security Council and being engaged in terrorist activities.

Scope and Application

The Criminal Code Amendment Regulations 2003 (No. 3) extend the application of the Criminal Code Act 1995 to include the organisation Al-Jihad/Egyptian Islamic Movement and its aliases, specifically "Egyptian Al-Jihad," "Egyptian Islamic Jihad," "Jihad Group," and "New Jihad," as specified terrorist organisations. This regulation applies to any person or entity that has any form of link with the mentioned organisation, thereby subjecting them to the offences outlined in Division 102 of the Code, such as directing activities, recruiting, receiving or providing training, and receiving or making available funds or resources to a terrorist organisation, or being a member of such an organisation. The regulation is applicable nationally, operating under the jurisdiction of the Commonwealth of Australia. The regulation is enacted under the authority of Section 5 of the Criminal Code Act 1995, and requires the Minister to be reasonably satisfied that the United Nations Security Council has identified the organisation in relation to terrorism, and that the organisation is engaged in activities related to terrorism, before making the regulations. These regulations commenced upon gazettal and have no stated exclusions or thresholds. The application of the Act can be further extended or restricted through subordinate instruments, in line with the provisions of the Criminal Code Act 1995.

Key Provisions

The main operative sections of the Criminal Code Amendment Regulations 2003 (No. 3) are found in Regulation 3 and Item 1 of Schedule 1, which amend the Criminal Code Regulations 2002. Regulation 3 specifies that the proposed regulations will amend Schedule 1 of the Criminal Code Regulations 2002, and Item 1 of Schedule 1 proposes to insert the name of the organisation Al-Jihad/Egyptian Islamic Movement and its aliases into the table in Schedule 1. This insertion aims to specify that organisation as a terrorist organisation under paragraph 102.1(1)(c) of the Criminal Code Act 1995. The regulations seek to align Australian law with international obligations and enhance the ability to prosecute those associated with terrorist activities. The Act imposes several obligations and requirements on the relevant parties and entities it governs. Firstly, it requires the Minister to be satisfied on reasonable grounds that the Security Council of the United Nations has identified the organisation in a decision relating wholly or partly to terrorism, or in a mechanism under such a decision. Secondly, the Minister must also be satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in, or fostering the doing of a terrorist act. These obligations are designed to ensure that the designation of an organisation as a terrorist organisation is based on credible and internationally recognised information. The Act also outlines specific offences, penalties, and consequences for breaches. Under Division 102 of the Criminal Code Act 1995, various offences are defined, including directing the activities of a terrorist organisation, recruiting persons to a terrorist organisation, and being a member of a specified terrorist organisation. These offences carry significant penalties, reflecting the seriousness of engaging in terrorist activities. For example, individuals found guilty of being a member of a specified terrorist organisation can face imprisonment for up to 25 years, as stipulated in the Code. The Act ensures that those who engage in or support terrorist activities are subject to stringent legal consequences, thereby reinforcing Australia's commitment to combating terrorism.