C. Process for the listing of a terrorist organisation

C. Process for the listing of a terrorist organisation

1.1The information provided in this Appendix was provided by the Attorney-General as part of submission 1 to this review.

1.2The following steps were undertaken for the purpose of listing Ansar Allah as a terrorist organisation:

1.3From 17 January 2024, the Department of Home Affairs (Home Affairs) formally raised the listing of Ansar Allah with relevant agencies and sought whole-of-government input to inform the Statement of Reasons.

1.4On 30 January 2024, AGS provided advice to DHA in relation to the legal basis for listing Ansar Allah.

1.5On 31 January, DHA provided a submission to the Minister for Home Affairs seeking consideration of the Statement of Reasons and agreement that she was satisfied that he was satisfied that Ansar Allar met the legislative threshold to be listed as a terrorist organisation.

1.6On 20 March 2024, the Attorney-General agreed to the listing on the basis that he was satisfied that Ansar Allah met the statutory criteria and approved the regulation.

1.7On 20 March 2024, the Attorney-General wrote to the Leader of the Opposition, advising that Ansar Allah met the legislative threshold for listing, attaching the Statement of Reasons and offering a briefing.

1.8On 18 April 2024, the Minister for Home Affairs wrote to state and territory First Ministers on behalf of the Prime Minister, advising of his satisfaction that Ansar Allah met the threshold for listing as a terrorist organisation.

1.9The letters attached copies of the Statement of Reasons for Ansar Allah and sought First Ministers’ consideration of the proposed listing. The letters requested a response by 13 May 2024, advising whether the First Minister approved of, or objected to the proposed listing.

1.10The following responses were received from the First Ministers of the following jurisdictions:

  • Northern Territory – received 1 May 2024
  • Western Australia – received 6 May 2024
  • Queensland – received 7 May 2024
  • New South Wales – received 8 May 2024
  • Tasmania – received 9 May 2024
  • Australian Capital Territory – received 13 May 2024
  • Victoria – received 20 May 2024
  • South Australia – received 20 May 2024
    1. All jurisdictions responded and no objections were made to the proposed listing of Ansar Allah.
    2. On 23 May 2024, the Governor-General made a regulation giving effect to the listing of Ansar Allah.
    3. On 23 May 2024, the regulation listing Ansar Allah was registered on the Federal Register of Legislation.
    4. The regulation listing Ansar Allah as a terrorist organisation came into effect immediately.

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