What Governments are Doing
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Listing 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 18 organisations now officially listed. They are: