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TListing of terrorist organisations
For an effective counter-terrorism regime, it is vital that our laws target not only terrorist acts, but also the organisations that plan, finance and carry them out. In 2002, a range of new terrorist organisation offences was enacted enabling the Government to deal with organisations involved in terrorism.
Under the law, there are two ways for an organisation to be identified as a 'terrorist organisation'. Either an organisation may be found to be such an organisation by a court as part of the prosecution for a terrorist offence, or it may be specified in Regulations, known as ‘listing’. For a listing to be effective, the processes set out in the legislation must be followed.
Before an organisation can be listed, the Attorney-General must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act.
The listing of an organisation ceases to have effect two years after its commencement, or if the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act, whichever occurs first.
When a court has determined, or by regulation it is determined, that an organisation is a 'terrorist organisation', it is an offence to:
- direct the activities of the organisation;
- recruit persons to the organisation;
- receive training from or provide training to the organisation;
- receive funds from or make available funds to the organisation;
- provide support or resources to the organisation.
It is also an offence to be a member of any listed terrorist organisation and to intentionally associate with a person who is a member or who promotes or directs the activities of a listed terrorist organisation where that association provides support that would help the terrorist organisation to continue to exist or to expand.
There are 19 organisations now officially listed. They are:
- Abu Sayyaf Group - Listed 14 November 2002, re-listed 5 November 2004, 3 November 2006 and 3 November 2008
- Al-Qa'ida (AQ) - Listed 21 October 2002, re-listed 1 September 2004, 26 August 2006, 8 August 2008 and 22 July 2010
- Al-Qa'ida in the Arabian Peninsula (AQAP) - Listing to commence after disallowance period
- Al-Qa’ida in Iraq (AQI) (formerly listed as Al-Zarqawi and TQJBR) - Listed 2 March 2005, re-listed 17 February 2007 and 3 November 2008
- Al-Qa’ida in the Islamic Maghreb (AQIM) - Listed 14 November 2002, re-listed 5 November 2004, 3 November 2006, 8 August 2008 and 22 July 2010
- Al-Shabaab - Listed 21 August 2009
- Ansar al-Islam (formerly known as Ansar al-Sunna) – Listed 27 March 2003, re-listed 27 March 2005, 27 March 2007 and 17 March 2009
- Asbat al-Ansar (AAA) - Listed 11 April 2003, re-listed 11 April 2005, 31 March 2007 and 17 March 2009
- Hamas’s Izz al-Din al-Qassam Brigades - Listed in Australia 9 November 2003, re-listed 5 June 2005, 7 October 2005, 10 September 2007 and 8 September 2009
- Hizballah External Security Organisation - Listed 5 June 2003 and re-listed 5 June 2005, 25 May 2007 and 15 May 2009
- Islamic Army of Aden (IAA) - Listed 11 April 2003, re-listed 11 April 2005, 31 March 2007 and 17 March 2009
- Islamic Movement of Uzbekistan - Listed 11 April 2003, re-listed 11 April 2005, re-listed 31 March 2007 and 17 March 2009
- Jaish-e-Mohammed (JeM) - Listed 11 April 2003, re-listed 11 April 2005, 31 March 2007 and 17 March 2009
- Jamiat ul-Ansar (formerly known as Harakat Ul-Mujahideen) - Listed 14 November 2002, re-listed 5 November 2004, 3 November 2006 and 3 November 2008
- Jemaah Islamiyah (JI) - Listed 27 October 2002, re-listed 1 September 2004, 26 August 2006, 8 August 2008 and 22 July 2010
- Kurdistan Workers Party (PKK) - Listed 17 December 2005, re-listed 27 September 2007 and 8 September 2009
- Lashkar-e Jhangvi (LeJ) - Listed 11 April 2003, re-listed 11 April 2005, 31 March 2007 and 17 March 2009
- Lashkar-e-Tayyiba - Listed 9 November 2003, re-listed 5 June 2005, 7 October 2005, 10 September 2007 and 8 September 2009
- Palestinian Islamic Jihad - Listed 3 May 2004, re-listed 5 June 2005, 7 October 2005, 10 September 2007 and 8 September 2009