Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument declares Islamic State as a declared terrorist organisation for the purposes of section 35AA of the Act.
Administered by: Home Affairs
Registered 05 May 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Table of contents.

 

Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016

I, Peter Dutton, Minister for Immigration and Border Protection, make the following declaration.

Dated                           4 May  2016

 

Peter Dutton

Minister for Immigration and Border Protection

 

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Declared terrorist organisation—Islamic State............................................................... 1

 


1  Name

                   This is the Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

6 May 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 35AA of the Australian Citizenship Act 2007.

4  Declared terrorist organisation—Islamic State

                   The organisation that was known as Islamic State (among other names) at the time this instrument commenced is declared as a declared terrorist organisation for the purposes of section 35AA of the Australian Citizenship Act 2007.

Note 1:       Subsection 35AA(1) of the Australian Citizenship Act 2007 requires an organisation declared under that subsection to be a terrorist organisation within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code, which covers organisations specified by regulations.

Note 2:       When this instrument commenced, the organisation known as Islamic State was such a terrorist organisation because it was specified by section 4 of the Criminal Code (Terrorist Organisation—Islamic State) Regulation 2014. Islamic State was at that time also known by a variety of other names listed in that section. After that commencement, if the name (or names) by which the organisation is known changes, that regulation may be amended to ensure that the organisation is still so specified (see section 102.1AA of the Criminal Code).

Note 3:       However, if no regulation is in effect that specifies the organisation for the purposes of the Criminal Code, this instrument also has no effect. The Criminal Code (Terrorist Organisation—Islamic State) Regulation 2014 ceases to have effect on 11 July 2017 at the latest, but may cease to have effect earlier if repealed, or if a notice is published under subsection 102.1(4) of the Criminal Code in relation to the organisation (see subsection 102.1(3) of the Criminal Code).