EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 279

 

 

Issued by the authority of the Attorney-General

 

Criminal Code Act 1995

 

Criminal Code Amendment Regulations 2006 (No. 7).

 

 

Section 5 of the Criminal Code Act 1995 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Schedule to the Act sets out the Criminal Code (the Code).

 

Division 102 of the Code sets out the offences in relation to terrorist organisations, which are: directing the activities of a terrorist organisation; being a member of a terrorist organisation; recruiting persons to a terrorist organisation; receiving training from or providing training to a terrorist organisation; being an associate of and receiving funds from or making available funds, support or resources to a terrorist organisation.

 

Section 102.9 of the Code provides that section 15.4 (extended geographical jurisdiction - category D) applies to an offence against Division 102 of the Code. The effect of applying section 15.4 is that offences in Division 102 of the Code apply to conduct (or the results of such conduct) constituting the alleged offence whether or not the conduct (or the result) occurs in Australia.

 

Paragraphs (a) and (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code define a ‘terrorist organisation’ as:

·        an organisation directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act occurs) (paragraph (a)); or

·        an organisation specified in the regulations (paragraph (b)).

 

The purpose of the Regulations is to amend the Criminal Code Regulations 2002 to specify the Salafist Group for Call and Combat (GSPC) and its aliases, Groupe Salafiste pour la Predication et le Combat and Salafist Group for Preaching and Combat, for the purpose of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code. GSPC was initially listed as a terrorist organisation under the Criminal Code Amendment Regulations 2002 (No. 7), which were made on 14 November 2002. GSPC was re-listed as a terrorist organisation under the Criminal Code Amendment Regulations 2004 (No. 7), which took effect from 5 November 2004.

 

 

The Regulations enable the offence provisions in Division 102 of the Code to apply to persons with links to GSPC. Details of the proposed Regulations are set out in Attachment A.

 

Subsection 102.1(2) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code, the Minister must be satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur) or advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).

 

In determining whether he is satisfied on reasonable grounds that the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act, the Minister takes into consideration unclassified Statements of Reasons prepared by the Australian Security Intelligence Organisation (ASIO) in consultation with the Department of Foreign Affairs and Trade, as well advice from the Australian Government Solicitor. The Statement of Reasons in respect of GSPC is at Attachment B.

 

Subsection 102.1(2A) of the Code provides that before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Code, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

 

Prior to the making of the Regulations, consultations were held with the Department of Foreign Affairs and Trade, ASIO and the Australian Government Solicitor. In addition, an offer for a briefing was extended to the Federal Leader of the Opposition and the State and Territory Attorneys-General were advised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments. Subsection 102.1(3) of the Code provides that regulations for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ cease to have effect on the second anniversary of the day on which they take effect.

 

 

 

 

 

 

 

Attachment A

 

Details of the Criminal Code Amendment Regulations 2006 (No. 7)

 

Regulation 1- Name of Regulations

 

This regulation provides that the title of the Regulations is the Criminal Code Amendment Regulations 2006 (No. 7).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after they are registered.

 

Regulation 3 – Amendment of Criminal Code Regulations 2002

 

This Regulation notes that Schedule 1 amends the Criminal Code Regulations 2002.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 4F

 

This item provides that the existing regulation 4F is to be substituted with the new regulation 4F - ‘Terrorist organisations – Salafist Group for Call and Combat (GSPC)’.

 

Subregulation 4F(1) provides that for paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code Act 1995 (the Code), the organisation known as Salafist Group for Call and Combat (GSPC) is specified.

 

The effect of this subregulation is that Salafist Group for Call and Combat (GSPC) is specified as a terrorist organisation under subsection 102.1(1) of the Code.

 

Subregulation 4F(2) provides that for the purposes of subregulation (1), Salafist Group for Call and Combat (GSPC) is also known by the following names:

 

(a)    Groupe Salafiste pour la Predication et le Combat; and

(b)   Salafist Group for Preaching and Combat.

 

Attachment B

 

Salafist Group for Call and Combat (GSPC)

(also known as: Groupe Salafiste pour la Predication et le Combat; and Salafist Group for Preaching and Combat)

 

The GSPC is listed as a proscribed terrorist organisation by the United Nations and by the governments of Canada, the United States, and the United Kingdom.

 

Current status of GSPC

The GSPC was formed in 1998 by Hassan Hattab (aka Abu Hamza) who led a splinter group from the Algerian Armed Islamic Group (GIA) in protest against the killing of civilians carried out by the GIA. The GSPC renounced attacks against civilians following the split from the GIA but has nevertheless been implicated in attacks resulting in civilian deaths. However, the number of these deaths has been far fewer than those perpetrated by the GIA.

 

The GSPC quickly became Algeria’s largest and most dangerous terrorist group. The GSPC’s stated targets are Algerian military, police and government interests however civilians have been killed in various attacks including bombings and roadside ambushes. Tactics used by the GSPC include attacks at false roadblocks and raids on military, police, and government convoys.

 

The GSPC has publicly stated its commitment to global jihad. In January 2004 the GSPC released a statement claiming its jihad in Algeria was part of the international jihad led by Usama bin Laden. In June 2004 the group released a statement declaring “war on all foreigners and foreign interests in Algeria”. On 28 September 2005 media carried a statement by the GSPC which described France as the group’s “number one enemy”. Recent statements have also linked the GSPC to targeting of US military installations in North Africa and the sub-Saharan region.

 

In a statement on 11 September 2006 marking the anniversary of the 11 September 2001 attacks in the United States, al-Qa’ida’s second in command, Ayman al-Zawahiri officially announced the alliance between al-Qa’ida and the GSPC. The GSPC subsequently made a statement on 13 September 2006 pledging allegiance to Usama bin Laden. These statements made by the group and al-Qa’ida indicate the GSPC is evolving from a domestically focussed group to one with a global Jihadist ideology.

 

The GSPC has officially rejected the Charter for Peace and National Reconciliation, an Algerian government initiative offering amnesty for all persons convicted of insurgency related crimes.

 

The GPSC has been involved in up to 70 terrorist attacks, including bombings, grenade attacks, ambushes, and kidnappings against the military, police, and civilians since first being proscribed by Australia on 14 November 2002.

 

The GSPC continues to recruit new members, and has also undertaken the training of individuals from nearby countries with a view to them returning to their home countries to carry out attacks. The GSPC has continued to undertake attacks against civilian targets including bombing markets, attacking vehicles and killing the occupants, and beheading civilians. During 2005, the GSPC also attacked foreign interests outside Algeria including an attack on a remote military outpost in Mauritania for which the group claimed responsibility and implied it would fight its enemies regardless of their location.

 

The GSPC’s primary source of funding comes from its involvement in the black market, engaging in smuggling, protection rackets, and money laundering. The GSPC’s rejection of indiscriminate killing of civilians gained the favour of al-Qa’ida, which provided financial and logistical support during the early stages of its formation.

 

Objectives

The GSPC’s primary goal is to overthrow the Algerian government and install an Islamic regime.

 

Leadership and membership

The GSPC is currently led by Abu Musab Abdel Wadoud (aka Abdelmalek Droukdal). Another central figure and leader of the southern Algerian regional GSPC group sometimes referred to as the Free Salafist Group (GSL) is Khaled Abu al-Abbas (aka Al-Mukhtar bin Bilmukhtar, aka Mokhtar Belmokhtar possible real name Al-Mukhtar Bin Mohammad Bilmukhtar), a former Algerian soldier with experience in Afghanistan.

 

By 2000, the external networks of the GIA across Europe and North Africa had been taken over by GSPC. Reporting on the number of members of the GSPC varies between 500 and 5000.

 

GSPC engagement in terrorist attacks

Terrorist attacks for which responsibility has been claimed by, or reliably attributed to, the GSPC, have included:

• 1 Apr 2004: The GSPC claimed responsibility for the assassination in Algiers of the Imam with the El Harrach mosque, Abdennacer Abou Hafs, who was shot on 10 March;
• 21 Jun 2004 : Car bombing of an electricity plant in Algiers;
• 7 Jul 2004: GSPC militants ambushed and killed of an official from a local aggregate extraction quarry in Abouda;
• 18 Sept 2004: A homemade bomb was defused by security agencies in a café located in Erraghen;
• 23 Oct 2004 : Attack on a vehicle transporting fans to a soccer match in Algiers, killing 16;
• 23 Apr 2005 : Militants attack a village in Ain Defla Province, killing two members of a family;
• 3-4 June 2005: The GSPC attacked a Mauritanian army outpost, killing fifteen Mauritanian soldiers and wounding seventeen others;
• 1 Sept 2005 : GSPC rebels killed the Mayor of Ammal in his car;
• 30 Sept 2005: GSPC militants beheaded a civilian, 8kms from Ain Rich;
• 1 Oct 2005: A bomb was detected and defused at Bouassem primary school in Beni Zmenzer, Beni Douala district;
• 6 Oct 2005: Suspected GSPC gunmen intercepted a car in Ouled Salah east of el-Milia, killing three civilians and injuring two others;
• 16 Jan 2006 : GSPC rebels cut the throat of a civilian after an interrogation outside his home in Sidi Daoud;
• 13 Feb 2006 : GSPC rebels kidnapped a civilian in Chabet el-Ameur who was later released on 15 Feb after ransom was paid;
• 24 Mar 2006 : Local member of the municipal people’s assembly and former mayor shot dead outside his home in Benchoud;
• 28 Mar 2006 : Two people, one a cousin of a former GSPC emir, were shot dead in the village of Ain al-Hamra;
• 1 Apr 2006: The GSPC shot dead a civilian at Haga, for reportedly collaborating with security forces;
• 4 Jul 2006: A bomb exploded near a Legitimate Defence Group post in Larbaa, Batna Province;
• 5 Jul 2006: A bomb exploded in Martyrs Square in Ammal injuring three people; and
• 6 Jul 2006: A mobile phone triggered a bomb at the Tidjellabine vehicle market killing two people.