Designated terrorist organisations in Australia

Designated terrorist organisations in Australia are organisations that have been designated by the Australian government as terrorist organisations. A list of terrorist organisations was created under the Security Legislation Amendment (Terrorism) Act 2002, as part of the fight against terrorism worldwide. The Act 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 offense to materially support or be supported by a listed terrorist organisation.[4] Under Division 103 of the Criminal Code, it is illegal to finance terrorism.[5] The Australian Transaction Reports and Analysis Centre monitors financial transactions involving listed terrorist organisations.

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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.[6] Listing, de-listing and re-listing follows a protocol that mainly involves the Australian Security Intelligence Organisation and the Attorney-General's Department.[7] Such action in general is not made with reference to designations made or proposed by other countries or multinational organisations.

List of designated terrorist organisations

As of 2 March 2020, the Australian government lists 26 foreign organisations as terrorist organisations:[2]

  1. Abu Sayyaf
  2. Al-Mourabitoun
  3. al-Qaeda
  4. al-Qaeda in the Arabian Peninsula
  5. al-Qaeda in the Indian Subcontinent
  6. al-Qaeda in the Islamic Maghreb
  7. Al-Shabaab
  8. Boko Haram
  9. Hamas' Izz ad-Din al-Qassam Brigades
  10. Hezbollah's External Security Organisation
  11. Islamic Movement of Uzbekistan
  12. Islamic State
  13. Islamic State East Asia
  14. Islamic State in Libya
  15. Islamic State Khorasan Province
  16. Islamic State Sinai Province
  17. Islamic State Somalia
  18. Jabhat Fatah al-Sham
  19. Jaish-e-Mohammed
  20. Jamaat-ul-Mujahideen Bangladesh
  21. Jamaah Ansharut Daulah
  22. Jemaah Islamiyah
  23. Kurdistan Workers' Party
  24. Lashkar-e-Jhangvi
  25. Lashkar-e-Taiba
  26. Palestinian Islamic Jihad

In addition, Hamas was listed in July 2014.[8] It was removed from the list by January 2015.

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.[9]
  • 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.[10] 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. "Listed terrorist organisations". Australian National Security. Archived from the original on 27 February 2020. Retrieved 2 March 2020.
  3. "Terrorist organisations". Australian Attorney-General's Department. Retrieved 16 October 2016.
  4. Australian National Security: What Australia is doing
  5. Criminal Code Act 1995 (Cth) s 1.1, Criminal Code Act 1995 (Cth). Retrieved 20 January 2015.
  6. "Australian National Security – What Australia is doing". Australian Government. Archived from the original on 22 November 2014. Retrieved 21 December 2014.
  7. "Protocol for listing terrorist organisations". Australian National Security. Retrieved 16 October 2016.
  8. "Australia lists Hamas as terrorist organisation". Big News Network. 26 July 2014. Retrieved 2 September 2014.
  9. http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cca1995115/sch1.html. Missing or empty |title= (help)
  10. http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/cotuna1945288/. Missing or empty |title= (help)
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