Schedule—Part 5.3 of Commonwealth Criminal Code
Part 5.3
Terrorism
Division 100 Preliminary
100.1 Definitions
(1) In this Part:
Commonwealth place has the same meaning as in the
Commonwealth Places (Application of Laws) Act 1970 .
constitutional corporation means a corporation to which paragraph 51 (xx) of
the Constitution applies.
express amendment of the provisions of this Part or Chapter 2 means the direct
amendment of the provisions (whether by the insertion, omission, repeal,
substitution or relocation of words or matter).
funds means:
(a)
property and assets of every kind, whether tangible or intangible, movable or
immovable, however acquired; and
(b)
legal documents or instruments in any form, including electronic or digital,
evidencing title to, or interest in, such property or assets, including, but
not limited to, bank credits, travellers cheques, bank cheques, money orders,
shares, securities, bonds, debt instruments, drafts and letters of credit.
organisation means a body corporate or an unincorporated body whether or not
the body:
(a) is
based outside Australia; or
(b)
consists of persons who are not Australian citizens; or
(c) is
part of a larger organisation.
referring State has the meaning given by section 100.2.
terrorist act means an action or threat of action where:
(a) the
action falls within subsection (2) and does not fall within subsection (3);
and
(b) the
action is done or the threat is made with the intention of advancing a
political, religious or ideological cause; and
(c) the
action is done or the threat is made with the intention of:
(i)
coercing, or influencing by intimidation, the government
of the Commonwealth or a State, Territory or foreign country, or of part of a
State, Territory or foreign country; or
(ii)
intimidating the public or a section of the public.
(2) Action falls
within this subsection if it:
(a)
causes serious harm that is physical harm to a person; or
(b)
causes serious damage to property; or
(c)
causes a person's death; or
(d)
endangers a person's life, other than the life of the person taking the
action; or
(e)
creates a serious risk to the health or safety of the public or a section of
the public; or
(f)
seriously interferes with, seriously disrupts, or destroys, an electronic
system including, but not limited to:
(i)
an information system; or
(ii)
a telecommunications system; or
(iii)
a financial system; or
(iv)
a system used for the delivery of essential government
services; or
(v)
a system used for, or by, an essential public utility; or
(vi)
a system used for, or by, a transport system.
(3) Action falls
within this subsection if it:
(a) is
advocacy, protest, dissent or industrial action; and
(b) is
not intended:
(i)
to cause serious harm that is physical harm to a person;
or
(ii)
to cause a person's death; or
(iii)
to endanger the life of a person, other than the person
taking the action; or
(iv)
to create a serious risk to the health or safety of the
public or a section of the public.
(4) In this Division:
(a) a
reference to any person or property is a reference to any person or property
wherever situated, within or outside Australia; and
(b) a
reference to the public includes a reference to the public of a country other
than Australia.
100.2 Referring States
(1) A State is a
referring State if the Parliament of the State has referred the matters
covered by subsections (2) and (3) to the Parliament of the Commonwealth for
the purposes of paragraph 51 (xxxvii) of the Constitution:
(a) if
and to the extent that the matters are not otherwise included in the
legislative powers of the Parliament of the Commonwealth (otherwise than by a
reference under paragraph 51 (xxxvii) of the Constitution); and
(b) if
and to the extent that the matters are included in the legislative powers of
the Parliament of the State.
This subsection has effect subject to subsection (5).
(2) This subsection
covers the matters to which the referred provisions relate to the extent of
making laws with respect to those matters by including the referred provisions
in this Code.
(3) This subsection
covers the matter of terrorist acts, and actions relating to terrorist acts,
to the extent of the making of laws with respect to that matter by making
express amendment of this Part or of Chapter 2.
(4) A State is a
referring State even if a law of the State provides that the reference to the
Commonwealth Parliament of either or both of the matters covered by
subsections (2) and (3) is to terminate in particular circumstances.
(5) A State ceases to
be a referring State if a reference by the State of either or both of the
matters covered by subsections (2) and (3) terminates.
(6) In this section:
referred provisions means the provisions of Part 5.3 of this Code as inserted
by the Criminal Code Amendment (Terrorism) Act 2002 , to the extent to
which they deal with matters that are included in the legislative powers of
the Parliaments of the States.
100.3 Constitutional basis for the operation of
this Part
(1) Operation in a
referring State
The operation of this Part in a referring State is based on:
(a) the
legislative powers that the Commonwealth Parliament has under section 51
of the Constitution (other than paragraph 51 (xxxvii)); and
(b) the
legislative powers that the Commonwealth Parliament has in respect of matters
to which this Part relates because those matters are referred to it by the
Parliament of the referring State under paragraph 51 (xxxvii) of the
Constitution.
Note.
The State reference fully supplements the Commonwealth Parliament's other
powers by referring the matters to the Commonwealth Parliament to the extent
to which they are not otherwise included in the legislative powers of the
Commonwealth Parliament.
(2) Operation in a
non-referring State
The operation of this Part in a State that is not a referring State is based
on the legislative powers that the Commonwealth Parliament has under section
51 of the Constitution (other than paragraph 51 (xxxvii)).
Note.
Subsection 100.4 (5) identifies particular powers that are being relied on.
(3) Operation in a
Territory
The operation of this Part in the Northern Territory, the Australian Capital
Territory or an external Territory is based on:
(a) the
legislative powers that the Commonwealth Parliament has under section 122
of the Constitution to make laws for the government of that Territory; and
(b) the
legislative powers that the Commonwealth Parliament has under section 51
of the Constitution (other than paragraph 51 (xxxvii)).
Despite subsection 22 (3) of the Acts Interpretation Act 1901 , this Part
as applying in those Territories is a law of the Commonwealth.
(4) Operation outside
Australia
The operation of this Part outside Australia and the external Territories is
based on:
(a) the
legislative powers that the Commonwealth Parliament has under paragraph 51
(xxix) of the Constitution; and
(b) the
other legislative powers that the Commonwealth Parliament has under section 51
of the Constitution (other than paragraph 51 (xxxvii)).
100.4 Application of provisions
(1) Part generally
applies to all terrorist acts and preliminary acts
Subject to subsection (4), this Part applies to the following conduct:
(a) all
actions or threats of action that constitute terrorists acts (no matter where
the action occurs, the threat is made or the action, if carried out, would
occur);
(b) all
actions ( preliminary acts ) that relate to terrorist acts but do not
themselves constitute terrorist acts (no matter where the preliminary acts
occur and no matter where the terrorist acts to which they relate occur or
would occur).
Note.
See the following provisions:
(a)
subsection 101.1 (2);
(b)
subsection 101.2 (4);
(c)
subsection 101.4 (4);
(d)
subsection 101.5 (4);
(e)
subsection 101.6 (3);
(f)
section 102.9.
(2) Operation in
relation to terrorist acts and preliminary acts occurring in a State that is
not a referring State
Subsections (4) and (5) apply to conduct if the conduct is itself a terrorist
act and:
(a) the
terrorist act consists of an action and the action occurs in a State that is
not a referring State; or
(b) the
terrorist act consists of a threat of action and the threat is made in a State
that is not a referring State.
(3) Subsections (4)
and (5) also apply to conduct if the conduct is a preliminary act that occurs
in a State that is not a referring State and:
(a) the
terrorist act to which the preliminary act relates consists of an action and
the action occurs, or would occur, in a State that is not a referring State;
or
(b) the
terrorist act to which the preliminary act relates consists of a threat of
action and the threat is made, or would be made, in a State that is not a
referring State.
(4) Notwithstanding
any other provision in this Part, this Part applies to the conduct only to the
extent to which the Parliament has power to legislate in relation to:
(a) if
the conduct is itself a terrorist act—the action or threat of action
that constitutes the terrorist act; or
(b) if
the conduct is a preliminary act—the action or threat of action that
constitutes the terrorist act to which the preliminary act relates.
(5) Without limiting
the generality of subsection (4), this Part applies to the action or threat of
action if:
(a) the
action affects, or if carried out would affect, the interests of:
(i)
the Commonwealth; or
(ii)
an authority of the Commonwealth; or
(iii)
a constitutional corporation; or
(b) the
threat is made to:
(i)
the Commonwealth; or
(ii)
an authority of the Commonwealth; or
(iii)
a constitutional corporation; or
(c) the
action is carried out by, or the threat is made by, a constitutional
corporation; or
(d) the
action takes place, or if carried out would take place, in a Commonwealth
place; or
(e) the
threat is made in a Commonwealth place; or
(f) the
action involves, or if carried out would involve, the use of a postal service
or other like service; or
(g) the
threat is made using a postal or other like service; or
(h) the
action involves, or if carried out would involve, the use of an electronic
communication; or
(i)
the threat is made using an electronic communication; or
(j) the
action disrupts, or if carried out would disrupt, trade or commerce:
(i)
between Australia and places outside Australia; or
(ii)
among the States; or
(iii)
within a Territory, between a State and a Territory or
between 2 Territories; or
(k) the
action disrupts, or if carried out would disrupt:
(i)
banking (other than State banking not extending beyond
the limits of the State concerned); or
(ii)
insurance (other than State insurance not extending
beyond the limits of the State concerned); or
(l) the
action is, or if carried out would be, an action in relation to which the
Commonwealth is obliged to create an offence under international law; or
(m) the
threat is one in relation to which the Commonwealth is obliged to create an
offence under international law.
(6) To avoid doubt,
subsections (2) and (3) apply to a State that is not a referring State at a
particular time even if no State is a referring State at that time.
100.5 Application of Acts Interpretation
Act 1901
(1) The
Acts Interpretation Act 1901 , as in force on the day on which Schedule 1
to the Criminal Code Amendment (Terrorism) Act 2002 commences, applies to
this Part.
(2) Amendments of the
Acts Interpretation Act 1901 made after that day do not apply to this
Part.
100.6 Concurrent operation intended
(1) This Part is not
intended to exclude or limit the concurrent operation of any law of a State or
Territory.
(2) Without limiting
subsection (1), this Part is not intended to exclude or limit the concurrent
operation of a law of a State or Territory that makes:
(a) an
act or omission that is an offence against a provision of this Part; or
(b) a
similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2)
applies even if the law of the State or Territory does any one or more of the
following:
(a)
provides for a penalty for the offence that differs from the penalty provided
for in this Part;
(b)
provides for a fault element in relation to the offence that differs from the
fault elements applicable to the offence under this Part;
(c)
provides for a defence in relation to the offence that differs from the
defences applicable to the offence under this Part.
(4) If:
(a) an
act or omission of a person is an offence under this Part and is also an
offence under the law of a State or Territory; and
(b) the
person has been punished for the offence under the law of the State or
Territory;
the person is not liable to be punished for the offence under this Part.
100.7 Regulations may modify operation of this
Part to deal with interaction between this Part and State and Territory laws
(1) The regulations
may modify the operation of this Part so that:
(a)
provisions of this Part do not apply to a matter that is dealt with by a law
of a State or Territory specified in the regulations; or
(b) no
inconsistency arises between the operation of a provision of this Part and the
operation of a State or Territory law specified in the regulations.
(2) Without limiting
subsection (1), regulations made for the purposes of that subsection may
provide that the provision of this Part does not apply to:
(a) a
person specified in the regulations; or
(b) a
body specified in the regulations; or
(c)
circumstances specified in the regulations; or
(d) a
person or body specified in the regulations in the circumstances specified in
the regulations.
(3) In this section:
matter includes act, omission, body, person or thing.
100.8 Approval for changes to or affecting this
Part
(1) This section
applies to:
(a) an
express amendment of this Part (including this section); and
(b) an
express amendment of Chapter 2 that applies only to this Part (whether or not
it is expressed to apply only to this Part).
(2) An express
amendment to which this section applies is not to be made unless the amendment
is approved by:
(a) a
majority of the group consisting of the States, the Australian Capital
Territory and the Northern Territory; and
(b) at
least 4 States.
Division 101 Terrorism
101.1 Terrorist acts
(1) A person commits
an offence if the person engages in a terrorist act.
Penalty: Imprisonment for life.
(2) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against subsection (1).
101.2 Providing or receiving training connected
with terrorist acts
(1) A person commits
an offence if:
(a) the
person provides or receives training; and
(b) the
training is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) knows of the connection described in
paragraph (b).
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person provides or receives training; and
(b) the
training is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) is reckless as to the existence of the
connection described in paragraph (b).
Penalty: Imprisonment for 15 years.
(3) A person commits
an offence under this section even if the terrorist act does not occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.4 Possessing things connected with terrorist
acts
(1) A person commits
an offence if:
(a) the
person possesses a thing; and
(b) the
thing is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) knows of the connection described in
paragraph (b).
Penalty: Imprisonment for 15 years.
(2) A person commits
an offence if:
(a) the
person possesses a thing; and
(b) the
thing is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) is reckless as to the existence of the
connection described in paragraph (b).
Penalty: Imprisonment for 10 years.
(3) A person commits
an offence under subsection (1) or (2) even if the terrorist act does not
occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5) Subsections (1)
and (2) do not apply if the possession of the thing was not intended to
facilitate preparation for, the engagement of a person in, or assistance in a
terrorist act.
Note.
A defendant bears an evidential burden in relation to the matter in
subsection (5) (see subsection 13.3 (3)).
(6) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.5 Collecting or making documents likely to
facilitate terrorist acts
(1) A person commits
an offence if:
(a) the
person collects or makes a document; and
(b) the
document is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) knows of the connection described in
paragraph (b).
Penalty: Imprisonment for 15 years.
(2) A person commits
an offence if:
(a) the
person collects or makes a document; and
(b) the
document is connected with preparation for, the engagement of a person in, or
assistance in a terrorist act; and
(c) the
person mentioned in paragraph (a) is reckless as to the existence of the
connection described in paragraph (b).
Penalty: Imprisonment for 10 years.
(3) A person commits
an offence under subsection (1) or (2) even if the terrorist act does not
occur.
(4) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against this section.
(5) Subsections (1)
and (2) do not apply if the collection or making of the document was not
intended to facilitate preparation for, the engagement of a person in, or
assistance in a terrorist act.
Note.
A defendant bears an evidential burden in relation to the matter in
subsection (5) (see subsection 13.3 (3)).
(6) If, in a
prosecution for an offence (the prosecuted offence ) against a subsection of
this section, the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the alternative offence ) against another subsection of
this section, the trier of fact may find the defendant not guilty of the
prosecuted offence but guilty of the alternative offence, so long as the
defendant has been accorded procedural fairness in relation to that finding of
guilt.
101.6 Other acts done in preparation for, or
planning, terrorist acts
(1) A person commits
an offence if the person does any act in preparation for, or planning, a
terrorist act.
Penalty: Imprisonment for life.
(2) A person commits
an offence under subsection (1) even if the terrorist act does not occur.
(3) Section 15.4
(extended geographical jurisdiction—category D) applies to an offence
against subsection (1).
Division 102 Terrorist organisations
Subdivision A Definitions
102.1 Definitions
(1) In this Division:
member of an organisation includes:
(a) a
person who is an informal member of the organisation; and
(b) a
person who has taken steps to become a member of the organisation; and
(c) in
the case of an organisation that is a body corporate—a director or an
officer of the body corporate.
recruit includes induce, incite and encourage.
terrorist organisation means:
(a) an
organisation that is directly or indirectly engaged in, preparing, planning,
assisting in or fostering the doing of a terrorist act (whether or not the
terrorist act occurs); or
(b) an
organisation that is specified by the regulations for the purposes of this
paragraph (see subsections (2), (3) and (4)).
(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:
(a) the
Security Council of the United Nations has made a decision relating wholly or
partly to terrorism; and
(b) the
organisation is identified in the decision, or using a mechanism established
under the decision, as an organisation to which the decision relates; and
(c) 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).
(3) Regulations for
the purposes of paragraph (b) of the definition of terrorist organisation in
this section cease to have effect on the second anniversary of the day on
which they take effect. To avoid doubt, this subsection does not prevent:
(a) the
repeal of those regulations; or
(b) the
cessation of effect of those regulations under subsection (4); or
(c) the
making of new regulations the same in substance as those regulations (whether
the new regulations are made or take effect before or after those regulations
cease to have effect because of this subsection).
(4) A regulation
specifying an organisation for the purposes of paragraph (b) of the definition
of terrorist organisation in this section ceases to have effect when:
(a) the
decision mentioned in paragraph (2) (a) ceases to have effect; or
(b) the
organisation ceases to be identified as described in paragraph (2) (b).
The regulation does not revive even if the organisation is again identified as
described in paragraph (2) (b).
(5) To avoid doubt,
subsection (4) does not prevent:
(a) the
repeal of a regulation; or
(b) the
making of a regulation that is the same in substance as a regulation that has
ceased to have effect because of that subsection.
(6) For the purpose of
making regulations specifying an organisation for the purposes of paragraph
(b) of the definition of terrorist organisation in this section, it does not
matter whether the relevant decision of the Security Council of the United
Nations was made before or after 6 July 2002.
Subdivision B Offences
102.2 Directing the activities of a terrorist
organisation
(1) A person commits
an offence if:
(a) the
person intentionally directs the activities of an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person intentionally directs the activities of an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.3 Membership of a terrorist organisation
(1) A person commits
an offence if:
(a) the
person intentionally is a member of an organisation; and
(b) the
organisation is a terrorist organisation because of paragraph (b) of the
definition of terrorist organisation in this Division (whether or not the
organisation is a terrorist organisation because of paragraph (a) of that
definition also); and
(c) the
person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 10 years.
(2) Subsection (1)
does not apply if the person proves that he or she took all reasonable steps
to cease to be a member of the organisation as soon as practicable after the
person knew that the organisation was a terrorist organisation.
Note.
A defendant bears a legal burden in relation to the matter in subsection (2)
(see section 13.4).
102.4 Recruiting for a terrorist organisation
(1) A person commits
an offence if:
(a) the
person intentionally recruits a person to join, or participate in the
activities of, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
first-mentioned person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person intentionally recruits a person to join, or participate in the
activities of, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
first-mentioned person is reckless as to whether the organisation is a
terrorist organisation.
Penalty: Imprisonment for 15 years.
102.5 Training a terrorist organisation or
receiving training from a terrorist organisation
(1) A person commits
an offence if:
(a) the
person intentionally provides training to, or intentionally receives training
from, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person intentionally provides training to, or intentionally receives training
from, an organisation; and
(b) the
organisation is a terrorist organisation; and
(c) the
person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
102.6 Getting funds to or from a terrorist
organisation
(1) A person commits
an offence if:
(a) the
person intentionally receives funds from, or makes funds available to, an
organisation (whether directly or indirectly); and
(b) the
organisation is a terrorist organisation; and
(c) the
person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person intentionally receives funds from, or makes funds available to, an
organisation (whether directly or indirectly); and
(b) the
organisation is a terrorist organisation; and
(c) the
person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
(3) Subsections (1)
and (2) do not apply to the person's receipt of funds from the organisation if
the person proves that he or she received the funds solely for the purpose of
the provision of:
(a)
legal representation for a person in proceedings relating to this Division; or
(b)
assistance to the organisation for it to comply with a law of the Commonwealth
or a State or Territory.
Note.
A defendant bears a legal burden in relation to the matter in subsection (3)
(see section 13.4).
102.7 Providing support to a terrorist
organisation
(1) A person commits
an offence if:
(a) the
person intentionally provides to an organisation support or resources that
would help the organisation engage in an activity described in paragraph (a)
of the definition of terrorist organisation in this Division; and
(b) the
organisation is a terrorist organisation; and
(c) the
person knows the organisation is a terrorist organisation.
Penalty: Imprisonment for 25 years.
(2) A person commits
an offence if:
(a) the
person intentionally provides to an organisation support or resources that
would help the organisation engage in an activity described in paragraph (a)
of the definition of terrorist organisation in this Division; and
(b) the
organisation is a terrorist organisation; and
(c) the
person is reckless as to whether the organisation is a terrorist organisation.
Penalty: Imprisonment for 15 years.
Subdivision C General provisions relating to
offences
102.9 Extended geographical jurisdiction for
offences
Section 15.4 (extended geographical jurisdiction—category D) applies to
an offence against this Division.
102.10 Alternative verdicts
(1) This section
applies if, in a prosecution for an offence (the prosecuted offence ) against
a subsection of a section of this Division, the trier of fact is not satisfied
that the defendant is guilty of the offence, but is satisfied beyond
reasonable doubt that the defendant is guilty of an offence (the alternative
offence ) against another subsection of that section.
(2) The trier of fact
may find the defendant not guilty of the prosecuted offence but guilty of the
alternative offence, so long as the defendant has been accorded procedural
fairness in relation to that finding of guilt.
Division 103 Financing terrorism
103.1 Financing terrorism
(1) A person commits
an offence if:
(a) the
person provides or collects funds; and
(b) the
person is reckless as to whether the funds will be used to facilitate or
engage in a terrorist act.
Penalty: Imprisonment for life.
Note.
Intention is the fault element for the conduct described in paragraph (1)(a).
See subsection 5.6 (1).
(2) A person commits
an offence under subsection (1) even if the terrorist act does not occur.
(3) Section 15.4
(extended geographical jurisdiction— category D) applies to an offence
against subsection (1).
Division 106 Transitional provisions
106.1 Saving—regulations made for the
purposes of the definition of terrorist organisation
(1) If:
(a)
regulations were made before commencement for the purposes of
paragraph (c) of the definition of terrorist organisation in subsection
102.1 (1), as in force before commencement; and
(b) the
regulations were in force immediately before commencement;
the regulations have effect, after commencement, as if they had been made for
the purposes of paragraph (b) of the definition of terrorist organisation in
subsection 102.1 (1), as in force after commencement.
(2) In this section,
commencement means the commencement of this section.