Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Crimes (Foreign Incursions and Recruitment) Act 1978
1 Paragraph 6(7)(b)
Omit ", (c), (d) or (e)".
2 Subsection 102.1(1) of the Criminal Code
Insert:
"advocate" has the meaning given by subsection (1A).
3 Subsection 102.1(1) of the Criminal Code (definition of Hamas organisation )
Repeal the definition.
4 Subsection 102.1(1) of the Criminal Code (definition of Hizballah organisation )
Repeal the definition.
5 Subsection 102.1(1) of the Criminal Code (definition of Lashkar - e - Tayyiba organisation )
Repeal the definition.
6 Subsection 102.1(1) of the Criminal Code (paragraph (a) of the definition of terrorist organisation )
Omit "the terrorist act", substitute "a terrorist act".
7 Subsection 102.1(1) of the Criminal Code (paragraph (b) of the definition of terrorist organisation )
Omit "(4)); or", substitute "(4)).".
8 Subsection 102.1(1) of the Criminal Code (paragraphs (c), (d) and (e) of the definition of terrorist organisation )
Repeal the paragraphs.
9 After subsection 102.1(1) of the Criminal Code
Insert:
Definition of advocates
(1A) In this Division, an organisation advocates the doing of a terrorist act if:
(a) the organisation directly or indirectly counsels or urges the doing of a terrorist act; or
(b) the organisation directly or indirectly provides instruction on the doing of a terrorist act; or
(c) the organisation directly praises the doing of a terrorist act in circumstances where there is a risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3) that the person might suffer) to engage in a terrorist act .
10 Subsection 102.1(2) of the Criminal Code
Repeal the subsection, substitute:
Terrorist organisation regulations
(2) Before the Governor - General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that the organisation:
(a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur); or
(b) advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).
11 Paragraph 102.1(4)(b) of the Criminal Code
Repeal the paragraph, substitute:
(b) the Minister ceases to be satisfied of either of the following (as the case requires):
(i) that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);
(ii) that the organisation advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);
12 Subsection 102.1(6) of the Criminal Code
Omit "section 50 of the Acts Interpretation Act 1901 ", substitute "section 15 of the Legislative Instruments Act 2003 ".
13 Subsections 102.1(7) to (16) of the Criminal Code
Repeal the subsections.
14 Paragraph 102.1(17)(a) of the Criminal Code
Omit ", (c), (d) or (e)".
15 Paragraph 102.1(17)(b) of the Criminal Code
Omit ", (9), (10A) or (10C), as the case requires,".
16 Paragraph 102.1(17)(c) of the Criminal Code
Repeal the paragraph, substitute:
(c) the de - listing application is made on the grounds that there is no basis for the Minister to be satisfied that the listed organisation:
(i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not a terrorist act has occurred or will occur); or
(ii) advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur);
as the case requires;
17 Subsection 102.1(18) of the Criminal Code
Omit "subsections (4), (9), (10A) and (10C)", substitute "subsection (4)".
18 Paragraph 102.5(2)(b) of the Criminal Code
Omit ", (c), (d) or (e)".
19 Paragraph 102.8(1)(b) of the Criminal Code
Omit ", (c), (d) or (e)".
20 Paragraph 102.8(2)(g) of the Criminal Code
Omit ", (c), (d) or (e)".
21 At the end of Division 106 of the Criminal Code
Add:
106.2 Saving--regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
(1) If:
(a) regulations were made before commencement for the purposes of paragraph (a) of the definition of terrorist organisation in subsection 102.1(1), as in force before commencement; and
(b) the regulations were in force immediately before commencement;
the regulations continue to have effect, after commencement, as if they had been made for the purposes of that paragraph, as in force after commencement.
(2) In this section, commencement means the commencement of this section.
Note: The heading to section 106.1 of the Criminal Code is replaced by the heading " Saving--regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation ".
22 At the end of Division 106 of the Criminal Code
Add:
The amendments to this Code made by Schedule 1 to the Anti - Terrorism Act 2005 apply to offences committed:
(a) before the commencement of this section (but not before the commencement of the particular section of the Code being amended); and
(b) after the commencement of this section.
23 Subparagraph 203DA(1)(c)(i)
Omit "the terrorist act", substitute "a terrorist act".