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Listing of Banned Terrorist Organisations
For an effective counter-terrorism regime, it is vital that our laws target not only terrorist acts, but also the organisations that plan, finance and carry them out. In 2002, a range of new terrorist organisation offences was enacted enabling the Government to deal with organisations involved in terrorism. For more information, click on the legislation link below. Under the law, there are two ways for an organisation to be identified as a 'terrorist organisation'. Either an organisation may be found to be such an organisation by a court as part of the prosecution for a terrorist offence, or it may be specified in Regulations (listed). For a listing to be effective, the processes set out in the legislation must be followed. Before an organisation can be listed, the Attorney-General 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. The listing of an organisation ceases to have effect two years after its commencement, or if the Minister ceases to be satisfied that the orgainsation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act, whichever occurs first. When a court has determined, or by regulation it is determined, that an organisation is a 'terrorist organisation', it is an offence to: direct the activities of the organisation; recruit persons to the organisation; receive training from or provide training to the organisation; receive funds from or make available funds to the organisation; provide support or resources to the organisation; be a member of the organisation. The membership offence under the new counter-terrorism laws only applies with respect to those organisations specified in Regulations. Click here to view the legislation. |
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Tuesday
Nov 8 2005