Criminal Code Act. Australia

Чтение книги онлайн.

СКАЧАТЬ doing of a terrorist act (whether or not a 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)).

      Definition of advocates

      (1A) In this Division, an organisation advocates the doing of a terrorist act if:

      (a) the organisation directly or indirectly counsels or urges the doing of a terrorist act; or

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

      (c) 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.

      Terrorist organisation regulations

      (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 the organisation:

      (a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur); or

      (b) advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).

      (2A) 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 arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.

      (3) Regulations for the purposes of paragraph (b) of the definition of terrorist organisation in this section cease to have effect on the third 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) If:

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

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

      (i) that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);

      (ii) that the organisation advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);

      the Minister must, by written notice published in the Gazette, make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.

      (5) To avoid doubt, subsection (4) does 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 Minister becomes satisfied as mentioned in subsection (2).

      (6) If, under subsection (3) or (4), a regulation ceases to have effect, section 15 of the Legislative Instruments Act 2003 applies as if the regulation had been repealed.

      (17) If:

      (a) 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

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

      (c) the de-listing application is made on the grounds that there is no basis for the Minister to be satisfied that the listed organisation:

      (i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur); or

      (ii) advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);

      as the case requires;

      the Minister must consider the de-listing application.

      (18) Subsection (17) does not limit the matters that may be considered by the Minister for the purposes of subsection (4).

      (19) For the purposes of this Division, the close family members of a person are taken to include the following (without limitation):

      (a) a de facto partner of the person;

      (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

      (c) anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a close family member of the person.

      102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security

      Review of listing regulation

      (1) If a regulation made after the commencement of this section specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1, the Parliamentary Joint Committee on Intelligence and Security may:

      (a) review the regulation as soon as possible after the making of the regulation; and

      (b) report the Committee’s comments and recommendations to each House of the Parliament before the end of the applicable disallowance period for that House.

      Review of listing regulation — extension of applicable disallowance period

      (3) If the Committee’s report on a review of a regulation is tabled in a House of the Parliament:

      (a) during the applicable disallowance period for that House; and

      (b) on or after the eighth sitting day of the applicable disallowance period;

      then whichever of the following provisions is applicable:

      (c) subsections 48(4), (5) and (5A) and section 48B of the Acts Interpretation Act 1901;

      (d) Part 5 of the Legislative Instruments Act 2003;

      have or has effect, in relation to that regulation and that House, as if each period of 15 sitting days referred to in those provisions were extended in accordance СКАЧАТЬ