The Counter-Terrorism Strategic Policy Branch in the Department of Home Affairs (the Department) facilitates the process by which the Minister for Home Affairs is satisfied that an organisation meets the threshold for listing or re-listing as a terrorist organisation under the Criminal Code Act 1995 (the Criminal Code).
This includes coordinating whole-of-Government input to a written Statement of Reasons that assesses each organisation, and seeking the advice of the Australian Government Solicitor (AGS) in relation to these assessments. This information and advice is included in a submission to the Minister for Home Affairs to assist her in deciding whether an organisation meets the threshold for listing or re-listing under the Criminal Code.
The following process was undertaken for the purpose of re-listing al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad as terrorist organisations:
1
On 9 March 2021, the Department commenced coordinating whole-of-Government input to Statements of Reasons outlining the case for re-listing al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad.
2
On 12 May 2021, the Department provided the Statements of Reasons outlining the re-listing cases for al-Shabaab, Lashkar-e-Tayyiba and Palestinian Islamic Jihad to AGS.
3
On 19 May 2021, the Department provided the Statements of Reasons outlining the re-listing cases for the Kurdistan Workers’ Party and Hamas’ Izz al-Din al-Qassam Brigades to AGS.
4
On 21 May 2021, AGS provided written advice to the Department in relation to whether it is open to the Minister to be satisfied of the legislative requirements to re-list al-Shabaab, Lashkar-e-Tayyiba and Palestinian Islamic Jihad as terrorist organisations.
5
On 1 June 2021, AGS provided written advice to the Department in relation to whether it is open to the Minister to be satisfied of the legislative requirements to re-list Hamas’ Izz al-Din al-Qassam Brigades and the Kurdistan Workers’ Party as terrorist organisations.
6
On 25 June 2021, the Department provided a submission to the Minister for Home Affairs advising her that it was open to her to be satisfied on reasonable grounds that the legislative criteria for re-listing al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad as terrorist organisations under the Criminal Code were satisfied.
7
On 28 June 2021, the Department sought the Minister for Home Affairs’ approval of the Regulations and associated Federal Executive Council (ExCo) documents, for consideration by the Governor-General at the 22 July 2021 meeting of ExCo.
8
On 1 July 2021, having considered the information provided in the Department’s submission, including the Statements of Reasons, the Minister for Home Affairs was satisfied that the five organisations met the threshold for listing.
9
On 1 July 2021, the Minister for Home Affairs wrote to First Ministers on behalf of the Prime Minister, advising of her satisfaction that al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad meet the threshold for listing, and attaching a copy of the Statements of Reasons. The letters requested that a response be provided by 21 July 2021, advising whether the First Minister approved of, or objected to, the proposed listings.
10
On 12 July 2021, the Minister for Home Affairs approved the Regulations and associated ExCo documents.
11
On 12 July 2021, the Minister for Home Affairs wrote to the Leader of the Opposition, advising of her satisfaction that al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad meet the threshold for listing, attaching the Statements of Reasons and offering a briefing in relation to the organisations.
12
The Department received the following responses to the Minister for Home Affairs’ correspondence to First Ministers:
Northern Territory – dated 13 July 2021
South Australia – dated 20 July 2021
Victoria – dated 20 July 2021
Tasmania – dated 20 July 2021
Western Australia – dated 21 July 2021
Australian Capital Territory – dated 23 July 2021
New South Wales – dated 26 July 2021
No objections were made to the re-listing of al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba or Palestinian Islamic Jihad as terrorist organisations.
At the time of writing, no response had been received from the Premier of Queensland.
13
On 23 July 2021, the Governor-General made the Regulations.
14
On 26 July 2021, the Regulations were registered on the Federal Register of Legislation. The Regulations come into effect on 4 August 2021.
15
On 3 August 2021, the Minister for Home Affairs wrote to the Chair of the Parliamentary Joint Committee on Intelligence and Security advising of the re-listing of al-Shabaab, Hamas’ Izz al-Din al-Qassam Brigades, Kurdistan Workers’ Party, Lashkar-e-Tayyiba and Palestinian Islamic Jihad as terrorist organisations, and attaching the Regulations, the Explanatory Statements and the Statements of Reasons.
* This Appendix is a copy of information provided by the Department of Home Affairs in Submission 1 to this review. See Submission1, pp. 106-107.