House of Representatives Committees

| Parliamentary Joint Committee on Intelligence and Security

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Inquiry into the proscription of ‘terrorist organisations’ under the Australian Criminal Code

20 September 2007

View the report as a single document - (PDF 501KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 95KB)
Foreword Membership of the Committee Committee Secretariat Terms of reference List of abbreviations List of recommendations

Chapter 1 Background	(PDF 77KB)

Chapter 2 Operation of the proscription regime	(PDF 112KB)
Rationale for proscription Legal effect of proscription The role of ASIO in the listing process Statement of Reasons Consultation with State and Territories Consultation with the Leader of the Opposition Commencement of regulations Public Notice Parliamentary scrutiny De – listing Two year sunset Attorney-General’s duty to de-list Application to the Minister to de-list Judicial review Changes to proscription policy since 2002 Review by the Parliamentary Committee Committee procedure Committee practice Committee View

Chapter 3 The implications and community impacts of proscription	(PDF 115KB)
The claim of anti-Muslim bias The impact on other ethnic communities The implications for refugees and asylum seekers The adequacy of community information Committee View

Chapter 4 Selection of Entities	(PDF 120KB)
Non-Statutory Criteria Incorporation of the criteria into the Criminal Code Comments on Relevant Factors Distinction between violence and non-violent activity Advocacy of terrorism Ideology and links to other networks and groups Links to Australia and Australian interests Proscription by the UN or like minded countries Engagement in peace/mediation processes Potential adverse security effects Impacts on Australian citizens and residents Statement of Reasons Political influence by foreign states Committee View

Chapter 5 Procedural Issues	(PDF 148KB)
Judicial authorisation Independent advisory panel Notification and the opportunity to be heard Delay of commencement of regulation Ministerial review Access to the court Committee View

Chapter 6 Other Issues	(PDF 128KB)
Strict Liability Committee View Consultation with States and Territories Committee View Expiry of listing regulations Committee View Post enactment review Committee View

Appendix A - Proscription Processes: International Comparisons	(PDF 50KB)

Appendix B – List of submissions	(PDF 70KB)

Appendix C – Witnesses appearing at public hearings	(PDF 77KB)