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 out such acts. In 2002, a range of terrorist organisation offences were inserted into the
Criminal Code Act 1995 (the Criminal Code). More information is available at
Laws to combat terrorism.
Under the law, there are two ways for an organisation to be identified as a terrorist organisation:
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The prosecution can prove beyond reasonable doubt that an organisation is a terrorist organisation as part of the prosecution for a terrorist offence.
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The organisation may be specified in Regulations as a terrorist organisation. This process, known as 'listing', requires certain processes set out in the legislation to be followed.
Regulations listing terrorist organisations now continue indefinitely, unless ceased by a proactive decision from the Australian Federal Police Minister. Previously, regulations listing terrorist organisations would lapse after three years, requiring the organisation to be re-listed. This change reflects amendments made by Schedule 4 of the
Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023.
Terrorist organisations
There are 30 organisations currently listed as terrorist organisations under the Criminal Code.
