House of Representatives Committees

| Parliamentary Joint Committee on Intelligence and Security

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Chapter 1 Introduction

1.1                   This review is conducted under section 102.1A of the Criminal Code Act 1995 (the Criminal Code).  Section 102.1A provides that the Parliamentary Joint Committee on Intelligence and Security (the Committee) may review a regulation specifying an organisation as a terrorist organisation for the purpose of paragraph (b) of the definition of terrorist organisation in section 102.1 of the Criminal Code and report the Committee’s comments to each house of the Parliament before the end of the applicable disallowance period.

1.2                   The regulations under review have specified the following organisations as terrorist organisations for the purposes of section 102.1 of the Criminal Code:

1.3                   This is a review of the initial listing of Al Qa’ida in the Arabian Peninsula and a review of the re-listing of Al-Qa’ida, Jemaah Islamiyah, Al-Qa’ida in the Lands of the Islamic Maghreb, Jamiat ul-Ansar, the Abu Sayyaf Group and Al-Qa’ida in Iraq.

1.4                   Al-Qa’ida and Jemaah Islamiyah were originally listed in October 2002. Al-Qa’ida in the Lands of the Islamic Maghreb, the Abu Sayyaf Group and Jamiat ul-Ansar were originally listed in November 2002. This is the fourth re-listing of AQ, JI, AQIM, the ASG and JuA. Al-Qa’ida in Iraq was first listed under its previous name of TQJBR in March 2005.  This is the group’s third re-listing. 

1.5                   In a letter to the Committee on 16 July 2010, the Attorney-General advised that he intended to list AQAP and re-list AQ, JI and AQIM prior to the lapsing of their current listing as provided for in section 102.1(3).  The Attorney-General provided statements of reasons for the listing and the re-listings.  These are accepted as submission number one to this review.

1.6                   The regulations were signed by the Governor-General on 19 July 2010 and came into effect on 22 July 2010, the day after they were registered on the Federal Register of Legislative Instruments (FRLI).  They were then tabled in the House of Representatives and the Senate on 28 September 2010.  The disallowance period of 15 sitting days for the Committee’s review of the listing began from the date of the tabling.  Therefore, to be within the disallowance period, the Committee was required to report to the Parliament by 25 November 2010.

1.7                   As a new listing, the regulations relating to AQAP came into effect on 26 November 2010, after the expiration of the disallowance period.

1.8                   In a letter received by the Chair of the Committee on 22 December 2010, the Attorney-General advised that regulations re-listing JuA, ASG and AQI were signed by the Governor-General on 27 October 2010 and came into effect on 29 October 2010, the day after they were registered on FRLI. 

1.9                   The regulations were tabled in the House of Representatives and the Senate on 15 November 2010.  The disallowance period of 15 sitting days for the Committee’s review of the listing began from the date of the tabling. Therefore, to be within the disallowance period, the Committee was required to report to the Parliament by Monday, 28 February 2010. 

1.10               The Attorney-General provided statements of reasons for the re-listings. These are accepted as submission number two to this review.

1.11               The Attorney-General’s Department noted that advice of the re-listings to the Committee was delayed due to the Parliament’s dissolution due to the 2010 Federal election and the subsequent reappointment of the PJCIS.  The 43rd Parliament sat for its first session on 28 September 2010.

1.12               Although neither of the above disallowance periods could be met by the Committee due to short timeframes, the Committee resolved to review the listing of AQAP and the re-listings of AQ, JI, AQIM, JuA, ASG and AQI and report to Parliament outside the disallowance period and notice of the review was placed on the Committee’s website.

1.13               The listing of AQAP and the re-listing of the six groups are each valid for three years. 

1.14               In its first report, Review of the listing on the Palestinian Islamic Jihad (PIJ), the Committee decided that it would test the validity of the listing of a terrorist organisation under the Criminal Code on both the procedures and the merits.  This chapter will examine the Government’s procedures in listing AQAP and re-listing the six organisations and chapter two will consider the merits of the listings.

The Government’s procedures

1.15               In a letter sent to the Committee on 23 December 2010 the Attorney-General’s Department informed the Committee of the procedures it had followed for the purpose of listing and re-listing all seven organisations.

1.16               The Attorney-General’s Department advised the Committee that the procedures listed below—accepted as submission number three for this review— were followed for the purpose of listing al-Qa’ida in the Arabian Peninsula and re-listing al-Qa’ida, Jemaah Islamiyah and al‑Qa’ida in the Islamic Maghreb.

The following processes, were undertaken for the purpose of listing al-Qa’ida in the Arabian Peninsula (AQAP) and re-listing al-Qa’ida (AQ), Jemaah Islamiyah (JI) and al‑Qa’ida in the Islamic Maghreb (AQIM):

1.17               The Attorney-General’s Department advised the Committee that the procedures listed below—accepted as submission number four for this review— were followed for the purpose of listing Jamiat ul-Ansar, Abu Sayyaf Group and Al Qa’ida in Iraq. 

The following processes, were undertaken for the purpose of re-listing Jamiat ul-Ansar (JuA), Abu Sayyaf Group (ASG) and Al Qa’ida in Iraq (AQI):

The following responses were received from the Premiers and Chief Ministers of the States and Territories:

All responses were supportive of the proposed re-listings.

Procedural comments

1.18               The Committee is satisfied with the procedures undertaken by the Government and notes the responses of the States and Territories.

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