Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Criminal Code Amendment (Terrorist Organisations) Bill 2004

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2002-2003-2004

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Criminal Code Amendment (Terrorist Organisations) Bill 2003

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Schedule 1, item 1, page 3 (after line 13), after subsection (2), insert:

          (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)     Schedule 1, page 4 (after line 3), at the end of the Schedule, add:

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:

                     (c)  subsections 48(4), (5) and (5A) and section 48B of the Acts Interpretation Act 1901 ;

                     (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 .

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

4 March 2004