n Unclassified
Statement of Reasons was prepared by ASIO, and endorsed by DFAT, detailing the
case for listing Al-Shabaab.
n On 1 July 2009 Mr
George Witynski, Deputy Chief General Counsel, provided written advice with
respect to the Statement of Reasons for Al-Shabaab.
n The Director-General
of Security wrote to the Attorney‑General on 6 August 2009 outlining the background,
training activities, terrorist activities, and relevant statements of
Al-Shabaab.
n A submission was
provided to the Attorney-General on 6 August 2009 providing the following
documents:
a. copy of the Statement of Reasons received from ASIO with respect to the organisation,
and
b. advice from the Deputy Chief General Counsel.
n Having considered the
information provided in the submission, the Attorney‑General decided that
he was satisfied on reasonable grounds that the organisation is an organisation
directly or indirectly engaged in, preparing, planning, assisting in or
fostering the doing of a terrorist act, whether or not the act has occurred or
will occur.
n The Attorney-General
wrote to the Prime Minister[1] advising of his intention to list Al-Shabaab
as a terrorist organisation.
n On 7 August 2009 the
Prime Minister wrote to the Premiers of the States and Chief Ministers of the
Territories advising them of the decision to list Al-Shabaab as a terrorist
organisation.
The following responses were received from the Premiers and Chief Ministers of
the States and Territories:
§
South Australia – 8 August 2009
§
New South Wales – 11 August 2009
§
Northern Territory – 11 August 2009
§
Tasmania – 11 August 2009
§
Victoria – 11 August 2009
§
Western Australia – 11 August 2009
n All responses were
supportive of the proposed listing.
n On 7 August 2009,
another submission was provided to the Attorney-General providing regulations
and Federal Executive Council documentation with respect to Al-Shabaab.
n The Attorney-General signed
the Criminal Code Amendment Regulations 2009 in relation to the
organisation, and approved associated Federal Executive Council documentation
including an explanatory memorandum, executive council minute and explanatory
statement.
n The Attorney-General
wrote to the Director-General of Security, in response to the
Director-General’s letter dated 6 August 2009.
n The Attorney-General
wrote to the Chairman of the Parliamentary Joint Committee on Intelligence and
Security advising of his decision to list Al-Shabaab as a terrorist
organisation.
n The Attorney-General
advised the Leader of the Opposition[2] of the proposed listing of Al-Shabaab as a
terrorist organisation by letter, and offered a briefing in relation to this
listing. The Leader of the Opposition requested an additional briefing, and
this briefing took place on 12 August 2009.
n On 14 August 2009 the
Governor-General made the Criminal Code Amendment Regulations 2009 (No. 12)
with respect to the listing of Al-Shabaab.
n The Regulations were
registered with the Federal Register of Legislative Instruments (FRLI) on 21
August 2009 with the following FRLI Reference Number:
§
F2009L03208 - Criminal Code Amendment Regulations 2009 (No. 12)
n The Regulations came
into effect on 22 August 2009, the day after they were registered on FRLI.
n The Attorney-General
and the Minister for Foreign Affairs issued a joint Media Release on 21 August
2009, announcing the listing of the terrorist organisation under both the
Criminal Code and the Charter of the United Nations Act 1945 and
attaching a copy of the Statement of Reasons.
n The
Attorney-General’s Department’s National Security website was also updated.