Terms of Reference

This review is conducted under Section 102.1A of the Criminal Code Act 1995 (Criminal Code), which provides (in part) as follows:
Disallowable instruments
1
This section applies in relation to the following disallowable instruments:
a.
a regulation that specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1;
Review of disallowable instrument
2
The Parliamentary Joint Committee on Intelligence and Security may:
a.
review the disallowable instrument as soon as possible after the making of the instrument; 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.
This report pertains to the Committee’s review of the following regulations, each of which specify the named organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in section 102.1 of the Criminal Code:
Criminal Code (Terrorist Organisation—National Socialist Order) Regulations 2022 [F2022L00148]
Criminal Code (Terrorist Organisation—Hurras al-Din) Regulatons 2022 [F2022L00160]
Criminal Code (Terrorist Organisation—Abu Sayyaf Group) Regulations 2022 [F2022L00161]
Criminal Code (Terrorist Organisation—Al-Qa’ida) Regulations 2022 [F2022L00162]
Criminal Code (Terrorist Organisation—Hay’at Tahrir al-Sham) Regulations 2022 [F2022L00163]
Criminal Code (Terrorist Organisation—Jemaah Islamiyah) Regulations 2022 [F2022L00165]
Criminal Code (Terrorist Organisation—Al-Qa’ida in the Lands of the Islamic Maghreb) Regulations 2022 [F2022L00167]
Criminal Code (Terrorist Organisation—Hamas) Regulations 2022 [F2022L00239]

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About this inquiry

Section 102.1A of the Criminal Code Act 1995 provides that the Committee may review a regulation which lists an organisation as a terrorist organisation under that Act, and report its comments and recommendations to each House of the Parliament before the end of the 15 sitting days’ disallowance period. This inquiry reviews regulations listing eight organisations.