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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 (Terrorist Organisations) Bill
2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to amend the Criminal Code Act 1995, and for
related purposes
Contents
Criminal Code Act
1995 3
A Bill for an Act to amend the Criminal Code
Act 1995, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Criminal Code Amendment (Terrorist
Organisations) Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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(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).
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.