Chapter 1 Introduction
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.
The regulation under review have specified Hizballah’s External Security
Organisation (ESO) as a terrorist organisation for the purposes of section
102.1 of the Criminal Code Act 1995.
This is a review of the re-listing of this organisation.
In a letter received by the Committee on 25 May 2012, the
Attorney-General advised that she intended to re-list this organisation prior
to the lapsing of their current listing as provided for in section 102.1(3).
The Attorney provided statement of reasons for the re-listing. This was accepted
as submission number one to this review.
The regulation was tabled in the House of Representatives and the Senate
on Monday, 21 May 2012. The disallowance period of 15 sitting days for the
Committee’s review of the listing began from the date of the tabling. Therefore
the Committee has conducted its review to enable it to report to the Parliament
by Thursday, 28 June 2012.
The Government’s procedures
In a letter received by the Committee on Friday, 25 May 2012, the
Attorney-General’s Department informed the Committee that it had adhered to the
following procedures for the purpose of re-listing the organisation:
The Security Law Branch of the Attorney-General’s Department
facilitates the process by which the Attorney-General makes a decision to list,
re-list or de-list a terrorist organisation under the Criminal Code. This
includes obtaining products from ASIO that assess organisations and seeking the
advice of the Chief General Counsel of the Australian Government Solicitor
in relation to the assessments. These are included in a package of information
that is submitted to the Attorney-General to assist her to make a decision as
to whether or not a particular organisation will be listed under the Criminal
The following processes were undertaken for the purpose of
listing Hizballah’s External Security Organisation (Hizballah ESO):
Unclassified Statements of Reasons were prepared by ASIO, and
endorsed by DFAT, detailing the case for re-listing Hizballah ESO. The
Statement of Reasons was received by the Attorney-General’s Department on 14 February
On 14 March and 20 March 2012 Mr Robert Orr QC, Chief General
Counsel, provided written advice with respect to the Statement of Reasons for Hizballah
The Director-General of Security wrote to the
Attorney-General on 20 March 2012, outlining the background, training
activities, terrorist activities and statements of Hizballah’s ESO.
A submission was provided to the Attorney-General on 21 March
2012, providing the following documents:
a. copies of the Statement of Reasons received from ASIO
with respect to the organisations; and
b. advice from the Chief General Counsel.
Having considered the information provided in the submission,
the Attorney-General signed statements on 27 March 2012 with respect to Hizballah
ESO confirming that she is satisfied on reasonable grounds that the
organisation is an organisation directly or indirectly engaged in, preparing,
planning, assisting in or fostering the doing of a terrorist act, or advocate
the doing of a terrorist act, whether or not the act has occurred or will
On 27 March 2012, the Attorney-General wrote to the Prime
Minister advising of her intention to re-list Hizballah ESO as a terrorist
On 27 March 2012, the Attorney-General wrote to the
Director-General of Security, in response to the Director-General’s letter
dated 20 March 2012.
On 14 April 2012, the Prime Minister wrote to the Premiers of
the States and Chief Ministers of the Territories advising them of the
Attorney-General’s decision to re-list Hizballah ESO as a terrorist
organisation and requesting their comments on the proposed re-listing. The
States and Territories were also advised of the proposed re-listings by e-mail
dated 20 April 2012.
The following responses were received from the Premiers and
Chief Ministers of the States and Territories:
Þ New South
Wales – response dated 7 May 2012
– response dated 7 May 2012
Australia – response dated 7 May 2012
Australia – response dated 1 May 2012
– response dated 4 May 2012
– response dated 2 May 2012
Capital Territory – response dated 4 May 2012
Territory – response dated 30 April 2012
None of the States and Territories objected to the
A submission was provided to the Attorney-General on 18 April
2012, providing the regulation and Federal Executive Council documentation with
respect of the re-listing of Hizballah ESO.
On 25 April 2012, the Attorney-General signed Criminal Code
Amendment Regulation 2012 in relation to the organisation, and approved
associated Federal Executive Council documentation including an explanatory
memorandum, executive council minute and explanatory statement, for the Federal
Executive Council meeting that occurred on 10 May 2012.
On 25 April 2012, the Attorney-General advised the Leader of
the Opposition of the proposed re-listing of Hizballah ESO as a terrorist
organisation by letter, and offered a briefing in relation to the re-listing.
On 25 April 2012, the Attorney-General wrote to the Chair of
the Parliamentary Joint Committee on Intelligence and Security advising of her
decision to re-list Hizballah ESO as a terrorist organisation.
On 10 May 2012 the Governor-General made Criminal Code
Amendment Regulation 2012 (No. 6) re-listing Hizballah ESO as a terrorist
The Regulation was registered with the Federal Register of
Legislative Instruments (FRLI) on 11 May 2012 with the FRLI Reference Number
F2012L01016 – Criminal Code Amendment Regulation 2012.
The re-listing Regulation came into effect on 12 May 2012,
the day after it was registered on FRLI.
The Attorney-General issued a Media Release on 11 May 2012
announcing the re-listing of the terrorist organisation and attaching a copy of
the Statement of Reasons.
The Australian Government’s National Security website was
The Committee is satisfied with the procedures undertaken by the
Government and notes the responses of the States and Territories.