Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Criminal
Code Amendment (Hamas and Lashkar-e-Tayyiba) Bill
2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to amend the Criminal Code Act 1995 in relation to
Hamas’ Izz al-Din al-Qassam Brigades and the Lashkar-e-Tayyiba
organisation, and for related purposes
Contents
Criminal Code Act
1995 3
A Bill for an Act to amend the Criminal Code Act
1995 in relation to Hamas’ Izz al-Din al-Qassam Brigades and the
Lashkar-e-Tayyiba organisation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Criminal Code Amendment (Hamas and
Lashkar-e-Tayyiba) Act 2003.
This Act is taken to have commenced on 5 November 2003.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 The Schedule (subsection 102.1(1) of the
Criminal Code)
Insert:
Hamas organisation means:
(a) Hamas’ Izz al-Din al-Qassam Brigades (by whatever name that
organisation is known from time to time); or
(b) an organisation derived from that organisation.
2 The Schedule (subsection 102.1(1) of the
Criminal Code)
Insert:
Lashkar-e-Tayyiba organisation means:
(a) the Lashkar-e-Tayyiba organisation (by whatever name that organisation
is known from time to time); or
(b) an organisation derived from that organisation.
3 The Schedule (subsection 102.1(1) of the
Criminal Code, at the end of the definition of terrorist
organisation)
Add:
; or (d) a Hamas organisation, if that organisation is specified by the
regulations for the purposes of this paragraph (see subsections (7),
(8) and (10A)); or
(e) a Lashkar-e-Tayyiba organisation, if that organisation is specified by
the regulations for the purposes of this paragraph (see
subsections (7), (8) and (10C)).
4 The Schedule (subsection 102.1(7) of the
Criminal Code)
Repeal the subsection, substitute:
(7) Before the Governor-General makes a regulation specifying:
(a) a Hizballah organisation for the purposes of paragraph (c) of the
definition of terrorist organisation in this section; or
(b) a Hamas organisation for the purposes of paragraph (d) of the
definition of terrorist organisation in this section; or
(c) a Lashkar-e-Tayyiba organisation for the purposes of
paragraph (e) 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).
5 The Schedule (subsection 102.1(8) of the
Criminal Code)
After “paragraph (c)”, insert “, (d) or
(e)”.
6 The Schedule (paragraph 102.1(8)(b) of the
Criminal Code)
After “(9)”, insert “, (10A) or (10C)”.
7 The Schedule (after subsection 102.1(10) of the
Criminal Code)
Insert:
(10A) If:
(a) a Hamas organisation is specified by regulations made for the purposes
of paragraph (d) 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.
(10B) To avoid doubt, subsection (10A) does not prevent a Hamas
organisation from being subsequently specified by regulations made for the
purposes of paragraph (d) of the definition of terrorist
organisation in this section if the Minister again becomes satisfied as
mentioned in subsection (7).
(10C) If:
(a) a Lashkar-e-Tayyiba organisation is specified by regulations made for
the purposes of paragraph (e) 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.
(10D) To avoid doubt, subsection (10C) does not prevent a
Lashkar-e-Tayyiba organisation from being subsequently specified by regulations
made for the purposes of paragraph (e) of the definition of terrorist
organisation in this section if the Minister again becomes satisfied as
mentioned in subsection (7).
8 The Schedule (after subsection 102.1(11) of the
Criminal Code)
Insert:
(11A) If:
(a) at a particular time on a particular day, the Minister is satisfied on
reasonable grounds that a particular Hamas 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); and
(b) at a later time on that day, the Minister, or another Minister, makes
a public announcement to the effect that:
(i) a regulation will be made specifying the organisation for the purposes
of paragraph (d) of the definition of terrorist organisation
in this section; and
(ii) the regulation will take effect at the time of the announcement;
and
(c) the regulation is made within 60 days after the day on which the
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 receives
the Royal Assent;
the regulation takes effect at the time of the announcement.
(11B) If:
(a) at a particular time on a particular day, the Minister is satisfied on
reasonable grounds that a particular Lashkar-e-Tayyiba 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); and
(b) at a later time on that day, the Minister, or another Minister, makes
a public announcement to the effect that:
(i) a regulation will be made specifying the organisation for the purposes
of paragraph (e) of the definition of terrorist organisation
in this section; and
(ii) the regulation will take effect at the time of the announcement;
and
(c) the regulation is made within 60 days after the day on which the
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 receives
the Royal Assent;
the regulation takes effect at the time of the announcement.
9 The Schedule (subsection 102.1(12) of the
Criminal Code)
After “(11)(b)”, insert “, (11A)(b) or
(11B)(b)”.
10 The Schedule (subsection 102.1(13) of the
Criminal Code)
Omit “or (9)”, substitute “, (9), (10A) or
(10C)”.
11 The Schedule (at the end of section 102.1 of
the Criminal Code)
Add:
(15) The power to make regulations for the purposes of paragraph (d)
of the definition of terrorist organisation in this section does
not limit the power to make regulations specifying a Hamas organisation for the
purposes of paragraph (b) of that definition.
(16) The power to make regulations for the purposes of paragraph (e)
of the definition of terrorist organisation in this section does
not limit the power to make regulations specifying a Lashkar-e-Tayyiba
organisation for the purposes of paragraph (b) of that
definition.
12 The Schedule (paragraph 102.3(1)(b) of the
Criminal Code)
Omit “or (c)”, substitute “, (c), (d) or
(e)”.