Process for the 2021 re-listing of Hizballah's External Security Organisation (ESO) as terrorist organisation under the Criminal Code
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 the organisation, and seeking the advice of the Australian Government Solicitor (AGS) in relation to this assessment. This information and advice is included in a submission to the Minister for Home Affairs to assist in deciding whether an organisation meets the threshold for listing or re-listing under the Criminal Code.
The following processes were undertaken for the purpose ofre-listing Hizballah's External Security Organisation (ESO) as a terrorist organisation:
1
The Department coordinated whole-of-Government input to a Statements of Reasons outlining the case for re-listing the ESO.
2
On 25 February 2021, the Department sought initial legal advice from AGS on the case for re-listing the ESO.
3
On 9 March 2021, AGS provided initial written advice to the Department in relation to the legal basis for re-listing the ESO.
4
On 18 March 2021, the Department provided AGS with a Statement of Reasons outlining the case for re-listing the ESO.
5
On 31 March 2021, AGS provided written advice to the Department in relation to the ESO Statement of Reasons.
6
On 1 April 2021, the Department provided a submission to the Minister for Home Affairs advising her that she could be satisfied on reasonable grounds that the legislative criteria for re-listing the ESO as a terrorist organisation under the Criminal Code was satisfied.
7
On 8 April 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 ESO met the threshold for re-listing.
8
On 9 April 2021, the Minister for Home Affairs wrote to First Ministers on behalf of the Prime Minister, advising of her satisfaction that the ESO met the threshold for re-listing, and attaching a copy of the Statement of Reasons. The letters requested that a response be provided by 23 April 2021, advising whether the First Minister approved of, or objected to, the proposed listing.
9
On 9 April 2021, the Department provided a submission to the Minister for Home Affairs seeking her approval of the Regulations and associated Federal Executive Council (ExCo) documentation, for consideration by the Governor-General at the 29 April ExCo meeting.
10
On 14 April 2021, the Minister for Home Affairs approved the Regulations and associated ExCo documentation.
11
On 16 April 2021, the Minister for Home Affairs wrote to the Leader of the Opposition, advising of her satisfaction that the ESO met the threshold for re-listing, attaching the Statements of Reasons and offering a briefing in relation to the ESO.
12
The Department received the following responses to the Minister for Home Affairs' correspondence to First Ministers:
South Australia - responded 15 April 2021
Northern Territory - 19 April 2021
Australian Capital Territory- responded 22 April 2021
Victoria - responded 26 April 2021
New South Wales- responded 26 April 2021
No objections were made to the re-listing of the ESO as a terrorist organisation.
As the Tasmanian government was in caretaker during the consultation period, the Secretary of the Tasmanian Department of Premier and Cabinet wrote to the Minister for Home Affairs on 21 April 2021, advising that Tasmania had no objections to the proposed re-listing.
At the time of writing, no responses had been received from the premiers of Western Australia and Queensland.
13
On 29 April 2021, the Governor-General made the Regulations re-listing the ESO.
14
On 30 April 2021, the Criminal Code (Terrorist Organisation-Hizballah 's External Security Organisation) Regulations 2021 were registered on the Federal Register of Legislation (FRL).
15
On 5 May 2021, the Minister for Home Affairs wrote to the Chair of the Parliamentary Joint Committee on Intelligence and Security advising of the listing of ESO as a terrorist organisation, and attaching the Regulations, Explanatory Statements and Statements of Reasons.