List of organisations designated as terrorist by Australia

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Designated terrorist organisations in Australia are organisations that have been designated by the Australian government as terrorist organisations. A list of terrorist organisations was first created under the Security Legislation Amendment (Terrorism) Act 2002, as part of the fight against terrorism worldwide.

History

Further information: Terrorism in Australia

The Security Legislation Amendment (Terrorism) Act 2002 was passed by the Australian Parliament, "enabling Australian governments to deal with organisations involved in terrorism",[1] and inserted a range of terrorist organisation offences into the Criminal Code Act 1995 (Cth).[2][3] For example, the Act made it an offence to materially support or be supported by a listed terrorist organisation.[4]

Oversight and monitoring

The list of designated terror organisations is maintained by the Attorney-General's Department. For listing as a terrorist organisation, an organisation may be found to be such by a court as part of a prosecution for a terrorist offence or the designation may be made by regulation upon the motion of the Attorney-General of Australia under Division 102 of the Criminal Code Act 1995.[5] Listing, de-listing and re-listing follows a protocol that mainly involves the Australian Security Intelligence Organisation and the Attorney-General's Department.[6] Such action in general is not made with reference to designations made or proposed by other countries or multinational organisations.[citation needed]

Under Division 103 of the Criminal Code Act 1995, it is illegal to finance terrorism.[7] The Australian Transaction Reports and Analysis Centre (AUSTRAC) monitors financial transactions involving listed terrorist organisations.[citation needed]

List of designated terrorist organisations

As of 18 April 2024, the Australian government lists 29 foreign organisations as terrorist organisations:[2]

Hamas was listed in July 2014,[8] but was removed from the list by January 2015.[citation needed] Hamas was reinstated in 2022.[9]

The Base and the entirety of Hezbollah were added on 24 November 2021.[10][11]

Terrorism financing laws

Australian anti-terrorism financing laws include:

  • Criminal Code Act 1995 (Cth):
    • section 102.6 – getting funds to, from or for a terrorist organisation
    • section 102.7 – providing support to a terrorist organisation
    • section 103.1 – financing terrorism
    • section 103.2 – financing a terrorist, and
    • section 119.4(5) – giving or receiving goods and services to promote the commission of a foreign incursion offence.[12]
  • Charter of the United Nations Act 1945 (Cth):
    • section 20 – dealing with freezable assets, and
    • section 21 – giving an asset to a proscribed person or entity.

These offences sanction persons and entities under Australian and international law.[13] The responsibility of prosecuting these offences in Australia rests with the Australian Federal Police, state police forces and the Commonwealth Director of Public Prosecutions.

See also

References

  1. ^ "The Security Legislation Amendment (Terrorism) Act 2002".
  2. ^ a b "Listed terrorist organisations". Australian National Security. Archived from the original on 26 July 2021. Retrieved 24 March 2022.
  3. ^ "Terrorist organisations". Australian Attorney-General's Department. Retrieved 16 October 2016.
  4. ^ Australian National Security: Terrorist organisations
  5. ^ "Australian National Security – What Australia is doing". Australian Government. Archived from the original on 22 November 2014. Retrieved 21 December 2014.
  6. ^ "Protocol for listing terrorist organisations". Australian National Security. Retrieved 16 October 2016.
  7. ^ Criminal Code Act 1995 (Cth) s 1.1, Criminal Code Act 1995 (Cth). Retrieved 20 January 2015.
  8. ^ "Australia lists Hamas as terrorist organisation". Big News Network. 26 July 2014. Retrieved 2 September 2014.
  9. ^ "Australia to list Palestinian group Hamas as terrorist organisation". SBS News. Retrieved 17 February 2022.
  10. ^ Belot, Henry (24 November 2021). "Australia lists neo-Nazi organisation The Base, Lebanese Shia party Hezbollah as terrorist organisations". ABC News. Australian Broadcasting Corporation. Retrieved 26 November 2021.
  11. ^ Hurst, Daniel (24 November 2021). "Australia lists neo-Nazi group The Base and Hezbollah as terrorist organisations". The Guardian. Retrieved 24 November 2021.
  12. ^ "CRIMINAL CODE ACT 1995 - SCHEDULE The Criminal Code".
  13. ^ "CHARTER OF THE UNITED NATIONS ACT 1945".