The information in this Appendix was provided by the Department of Home Affairs (DHA), as part of Submissions 1 and 2 to this review from the (former) Minister of Home Affairs.
Prior to June 2022, the Counter-Terrorism Strategic Policy Branch in DHA facilitated the process by which the Minister was satisfied that an organisation met the legal threshold for listing or re-listing as a terrorist organisation under the Criminal Code Act 1995 (the Criminal Code).
This process involved coordinating whole-of-government input to a written statement of reasons that assessed each organisation, and seeking the advice of the Australian Government Solicitor (AGS) in relation to this assessment. This information and advice was submitted to the Minister for Home Affairs to assist in their decision on whether an organisation meets the legal threshold for listing or re-listing as a terrorist organisation under the Criminal Code.
The following sets out the specific timeline and steps undertaken in relation to each of the regulations.
Abu Sayyaf Group, al-Qa’ida, al-Qa’ida in the Lands of the Islamic Maghreb, Hay’at Tahrir al-Sham, Hurras al-Din, Jemaah Islamiyah and National Socialist Order
The following steps were undertaken for the purpose of listing Hay’at Tahrir al-Sham (HTS), Hurras al-Din (HaD), National Socialist Order (NSO), and re-listing Abu Sayyaf Group (ASG), al-Qa’ida (AQ), al-Qa’ida in the Lands of the Islamic Maghreb (AQIM), and Jemaah Islamiyah (JI) as terrorist organisations:
1
From 11 October 2021, DHA coordinated input to a statement of reasons outlining the case for listing NSO.
2
From 1 November 2021, DHA coordinated input to statements of reasons outlining the cases for listing HTS and HaD, and re-listing ASG, AQ, AQIM and JI.
3
On 30 November 2021, AGS provided advice to DHA in relation to the legal basis for listing NSO.
4
On 7 January 2022, AGS provided advice to DHA in relation to the legal basis for listing HaD and re-listing AQ, AQIM and ASG.
5
On 14 January 2022, AGS provided legal advice to DHA in relation to the legal basis for listing HTS and re-listing JI.
6
On 20 January 2022, DHA provided a submission to the Minister for Home Affairs seeking consideration of the statements of reasons and agreement that she was satisfied that ASG, AQ, AQIM, HTS, HaD, JI and NSO met the legislative threshold to be listed as terrorist organisations.
7
On 1 February 2022, having considered the information provided in DHA’s submission, the Minister for Home Affairs was satisfied that all seven organisations met the legislative threshold to be listed, and approved the regulations and Federal Executive Council documents for each organisation.
8
On 1 February 2022, the Minister for Home Affairs wrote to state and territory First Ministers on behalf of the Prime Minister, advising of her satisfaction that all seven organisations meet the threshold for listing as terrorist organisations.
The letters attached copies of the statement of reasons for each organisation and sought their consideration of the proposed listings. The letters requested a response by 14 February 2022, advising whether the First Minister approved of, or objected to, the proposed listings.
9
On 1 February 2022, the Minister wrote to the Leader of the Opposition, advising of her satisfaction that the seven organisations meet the legislative threshold for listing, attaching the statements of reasons and offering a briefing in relation to the organisations.
10
DHA received the following responses to the Minister for Home Affairs’ correspondence to First Ministers:
Tasmania – received 11 February 2022
Western Australia – received 14 February 2022
Northern Territory – received 15 February 2022
South Australia– received 16 February 2022
New South Wales – received 17 February 2022
Victoria – received 17 February 2022
At the time of writing, no response had been received from the First Ministers of the Australian Capital Territory and Queensland. No objections were made to the proposed listing of the seven organisations.
11
On 17 February 2022, the Governor-General made regulations giving effect to the listing of the seven organisations.
12
On 17 February 2022, the regulations listing the seven organisations were registered on the Federal Register of Legislation.
13
On 18 February 2022, the regulations listing NSO came into effect.
14
The regulations listing ASG, AQ, AQIM and JI came into effect on 9 April 2022, in line with the sunsetting of the current regulations listing these organisations.
15
The regulations listing HTS and HaD came into effect on 9 April 2022, in line with the sunsetting of the regulations listing their defunct predecessor Jabhat Fatah al-Sham.
Hamas
The following steps were undertaken for the purpose of listing Hamas as a terrorist organisation:
1
From 11 November 2021, DHA coordinated agency input to a statement of reasons outlining the case for listing Hamas.
2
On 21 December 2021, AGS provided advice to DHA in relation to the legal basis for listing Hamas.
3
On 10 February 2022, DHA provided a submission to the Minister for Home Affairs seeking consideration of the statement of reasons and agreement that she was satisfied that Hamas met the legislative threshold to be listed as a terrorist organisation.
4
On 15 February 2022, having considered the information provided in DHA's submission, the Minister for Home Affairs was satisfied that Hamas met the legislative threshold to be listed.
5
On 15 February 2022, the Minister for Home Affairs wrote to state and territory First Ministers on behalf of the Prime Minister, advising of her satisfaction that Hamas met the threshold for listing as a terrorist organisation.
The letters attached copies of the statement of reasons for Hamas and sought First Ministers' consideration of the proposed listings. The letters requested a response by 2 March 2022, advising whether the First Minister approved of, or objected to, the proposed listing.
6
On 15 February 2022, the Minister wrote to the Leader of the Opposition, advising of her satisfaction that Hamas met the legislative threshold for listing, attaching the statement of reasons and offering a briefing in relation to Hamas.
7
DHA received the following responses to the Minister for Home Affairs' correspondence to First Ministers:
Tasmania - received 3 March 2022
South Australia - received 3 March 2022
Western Australia - received 4 March 2022
Queensland - received 15 March 2022
New South Wales - received 17 March 2022
At the time of writing, no response had been received from the First Ministers of the Australian Capital Territory, Northern Territory, and Victoria. No objections were made to the proposed listing of Hamas.
8
On 3 March 2022, the Governor-General made regulations giving effect to the listing of Hamas.
9
On 3 March 2022, the regulations listing Hamas were registered on the Federal Register of Legislation.
10
On 4 March 2022, the regulations listing Hamas came into effect.