Chapter 1 Introduction

Chapter 1 Introduction

The Government's procedures
Procedural comments

1.1

This review is conducted under section 102.1A of the Criminal Code Act 1995 (the Criminal Code).  Section 102.1A provides that the Parliamentary Joint Committee on Intelligence and Security (the Committee) may review a regulation specifying an organisation as a terrorist organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1 of the Criminal Code and report the Committee’s comments to each house of the Parliament before the end of the applicable disallowance period.

1.2

The organisation for which the current regulation has been made is the Kurdistan Workers’ Party (PKK).  It is also listed under the following names:  People’s Congress of Kurdistan, Kongra Gel, Kongra Gele Kurdistan, Partiya Karkeren Kurdistan, New PKK, Freedom and DemocraticCongress of Kurdistan, Kurdistan Freedom and Democracy Congress, KADEK, Kurdistan Halk Kongresi, KHK, Kurdistan Labor Party, Kurdistan People’s Congress, Kurdish Freedom Falcons, Kurdish Liberation Hawks, Kurdistan Ozgurluk Sahinleri, Teyrbazln Azadiya Kurdistan, TAK.

1.3

The Attorney-General wrote to the Chairman of the previous Committee on 18 September 2007 advising that a regulation specifying the PKK as a terrorist organisation for the purposes of section 102.1 of the Criminal Code was to be made and that it was scheduled for consideration by the Federal Executive Council.

1.4

The Federal Election interrupted the review being conducted by the Committee in the 41st Parliament.

1.5

Following the election the regulation was tabled in the House of Representatives and the Senate on 12 February 2008.  The original disallowance period of 15 sitting days for the Committee’s review of the listing began from the date of the tabling.  Therefore, the Committee was required to report to the Parliament by 20 March 2008.

1.6

The Committee in the 42nd Parliament first met on 13 March 2008 and it was therefore not possible to meet this deadline.

1.7

Notice of the inquiry was placed on the Committee’s website. Three submissions were received from the general public.

1.8

Representatives of the Attorney-General’s Department (AGD), ASIO and the Department of Foreign Affairs and Trade (DFAT) attended a private hearing on the listing on 20 March 2008 in Canberra.

1.9

In its first report, Review of the listing of the Palestinian Islamic Jihad (PIJ), the Committee decided that it would test the validity of the listing of a terrorist organisation under the Criminal Code on both the procedures and the merits.  This chapter will examine the Government’s procedures in listing PKK and chapter 2 will consider the merits of the listing.

 

The Government's procedures

1.10

In a letter sent to the Committee on 12 October 2007, the Attorney-General’s Department informed the Committee that it had adhered to the following procedures for the purpose of the listing:

 

Procedural comments

The Committee’s procedure

1.11

In its submission, the Federation of Community Legal Centres (Vic) Inc (the Federation)1 expressed concern about a number of procedural matters. The Committee considered these concerns. The Committee is of the view that the process followed on this occasion is both reasonable and proper and notes that:

1.12

As mentioned, the Federal election impacted on this review. The Committee has taken care to give interested parties, such as the Federation, the ability to submit their views to the Committee.

State and Territory consultation

1.13

The Committee notes that only South Australia, the Northern Territory and Queensland acknowledged communication from the Attorney General and none of them disagreed with the re-listing.

1.14

The Attorney General’s view is that the states and territories are quick to communicate if they have a problem or disagree with an action the Department plans to take.2 The Committee has expressed a similar view in other reports.

1.15

No State or Territory expressed opposition to the re-listing.

Community consultation

1.16

In its previous report, Review of the listing of the Kurdistan Worker’s Party (PKK), the Committee recommended that:

a comprehensive information program, that takes account of relevant community groups, be conducted in relation to any listing of an organisation as a terrorist organisation.3

1.17

The Attorney-General’s Department informed the Committee that  they:

 . . . have been working on some new material which will be in various languages.
The new material is focussing a lot more on the listing that we are developing in various languages.4

1.18

The Attorney-General’s Department advised the Committee that they would be monitoring the effectiveness of these pamphlets and undertook to engage in consultations with community leaders.5



Footnotes

1 Federation of Community Legal Centres (Vic) Inc, Submission No. 7, p. 3. Back
2

Classified transcript, private hearing 20 March 2008, p. 7. Back

3 Joint Parliamentary Committee on ASIO, ASIS and DSD, Review of the listing of six terrorist organisations, March 2005, p. 20. Back
4 Classified transcript, private hearing 20 March 2008, p. 9. Back
5 Classified transcript, private hearing 20 March 2008, p. 9. Back



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