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Criminal Code Amendment Regulations 2002 (No. 2)

Authoritative Version
  • - F2002B00250
  • No longer in force
SR 2002 No. 249 Regulations as made
These Regulations amend the Criminal Code Regulations 2002.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR21-Oct-2002
Tabled Senate22-Oct-2002
Gazetted 21 Oct 2002
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Criminal Code Amendment Regulations 2002 (No. 2) 2002 No. 249

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 249

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Criminal Code Act 1995

CRIMINAL CODE AMENDMENT REGULATIONS 2002 (No. 1)

CRIMINAL CODE AMENDMENT REGULATIONS 2002 (No. 2)

Section 5 of the Criminal Code Act 1995 (the Code) provides that the Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to 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; recruiting persons to a terrorist organisation; receiving training from or providing training to a terrorist organisation; receiving funds from or making available funds, support or resources to a terrorist organisation; or being a member of a terrorist organisation.

Subsection 102.1(1) of the Code defines a 'terrorist organisation' to be either an organisation engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(1)(a)), or an organisation specified in the regulations (paragraph 102.1(1)(c)).

There are two sets of regulations in this package. The purpose of the Criminal Code Amendment Regulations 2002 (No. 1) was to insert Schedule 1 into the Criminal Code Regulations 2002 into which the names of organisations to be specified as 'terrorist organisations' can be inserted.

The purpose of the remaining regulation was to insert into the new Schedule 1 the name of an organisation to be specified as a 'terrorist organisation' for the purposes of paragraph 102.1(1)(c) of the Code so that the offence provisions of the Code will be applicable to this organisation.

Subsection 102.1(3) of the Code provides that before the Governor-General makes regulations specifying an organisation for the purposes of paragraph 102.1(1)(c) of the Code, the Minister must be satisfied on reasonable grounds that: the Security Council of the United Nations has identified the organisation in a decision relating wholly or partly to terrorism, or in a mechanism under such a decision (paragraphs 102.1(3)(a)&(b)); and the organisation is engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (paragraph 102.1(3)(c)). The Attorney-General was satisfied on reasonable grounds of these matters in relation to 'Al Qa'ida/ Islamic Army, a.k.a. (a) "The Base", (b) Al Qaeda, (c) Islamic Salvation Foundation, (d) The Group for the Preservation of the Holy Sites, (e) The Islamic Army for the Liberation of Holy Places, (f) The World Islamic Front for Jihad Against Jews and Crusaders, (g) Usama Bin Laden Network, (h) Usama Bin Laden Organization.'

Details of the package of regulations are set out in Attachments A and B.

The Criminal Code Amendment Regulations 2002 (No. 1) commenced on gazettal.

The remaining regulation commences on the day after the last day on which it could be disallowed under s. 48 of the Acts Interpretation Act 1901 (regulation 2).

The Minute recommended that the Regulations be made in the form proposed.

Authority: Section 5 of the Criminal Code Act 1995 for the Criminal Code Amendment Regulations 2002 (No. 1); paragraph 102.1(3) of the Criminal Code Act 1995 for the remaining regulation

Attachment A

The details of the Criminal Code Amendment Regulations (No. 1) follow.

Regulation 1 cites the name of the regulations as the Criminal Code Amendment Regulations 2002 (No. 1).

Regulation 2 provides that the proposed regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Criminal Code Regulations 2002 and that Schedule 2 amends the Criminal Code Regulations 2002, as amended by Schedule 1.

Item 1 of Schedule 1 renumbers regulation 4 as regulation 5.

Item 1 of Schedule 2 inserts the heading 'Part 1 - Preliminary' before regulation 1.

Item 2 of Schedule 2 inserts 'Part 2 - Security of the Commonwealth' after regulation 3, which provides that the organisation mentioned in Schedule 1 is specified as terrorist organisations for the purposes of paragraph (c) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code Act 1995. The note provides that, in accordance with subsection 102.1 of the Criminal Code Act 1995, any regulation made specifying an organisation will cease to have effect on the second anniversary of the day on which it takes effect.

Item 2 of Schedule 2 also inserts the heading 'Part 3 - National infrastructure' after Part 2.

Item 3 of Schedule 2 inserts the heading 'Schedule 1 - Terrorist organisations' after regulation 5.

Attachment B

The details of the Criminal Code Amendment Regulations (No. 2) follow.

Regulation 1 cites the name of the regulations as Criminal Code Amendment Regulations 2002 (No. 2).

Regulation 2 provides that the regulations commence on the day after the last day on which they may be disallowed under section 48 of the Acts Interpretation Act 1901.

Regulation 3 provides that Schedule 1 amends the Criminal Code Regulations 2002.

Item 1 of Schedule 1 inserts the name of the organisation which was specified as a terrorist organisation for the purposes of paragraph 102.1(1)(c) of the Criminal Code Act 1995.