Criminal Code Act 1995

In this Division:

the first person’s spouse or de facto partner; or

a parent, step‑parent or grandparent of the first person; or

any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or

a child, step‑child or grandchild of the first person; or

any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or

a brother, sister, step‑brother or step‑sister of the first person; or

any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or

a guardian or carer of the first person.

a person who is an informal member of the organisation; and

a person who has taken steps to become a member of the organisation; and

in the case of an organisation that is a body corporate—a director or an officer of the body corporate.

an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or

an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (2A) and (4B) and section 102.1AA).

In this Division, an organisation advocates the doing of a terrorist act if:

the organisation directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or

the organisation directly or indirectly provides instruction on the doing of a terrorist act; or

the organisation directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.

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 AFP Minister 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; or

advocates the doing of a terrorist act.

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 AFP Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

If:

an organisation is specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and

the AFP Minister ceases to be satisfied of either of the following (as the case requires):

that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act;

that the organisation advocates the doing of a terrorist act;

The declaration must specify the day on which the Minister ceased to be so satisfied.

The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection (4A), even if that day occurred before the day on which the declaration is made.

To avoid doubt, subsections (4) to (4B) do not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the AFP Minister becomes satisfied as mentioned in subsection (2).

Subsection (17) applies if:

an organisation (the listed organisation) is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and

an individual or an organisation (which may be the listed organisation) makes an application (the de‑listing application) to the AFP Minister for a declaration under subsection (4) in relation to the listed organisation; and

the de‑listing application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:

is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or

advocates the doing of a terrorist act;

the AFP Minister did not receive an application from any individual or organisation under paragraph (b) of this subsection in relation to the listed organisation during the 12 months ending when the AFP Minister receives the de‑listing application.

The AFP Minister must, as soon as practicable after receiving the de‑listing application, consider whether the listed organisation:

is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or

advocates the doing of a terrorist act;

If the AFP Minister ceases to be satisfied of either of these (as the case requires), the AFP Minister must make a declaration under subsection (4) in relation to the listed organisation.

Subsections (16) and (17) do not limit the matters that may be considered by the AFP Minister for the purposes of subsection (4).

In this section, a reference to the doing of a terrorist act includes:

a reference to the doing of a terrorist act, even if a terrorist act does not occur; and

a reference to the doing of a specific terrorist act; and

a reference to the doing of more than one terrorist act.