On 17 March 2021, the Parliamentary Joint Committee on Intelligence and Security (the Committee) commenced a review of the regulation re-listing Jaish-e-Mohammad as a terrorist organisation under the Criminal Code Act 1995 (the Criminal Code).

Section 102.1A of the Criminal Code provides that the Committee may review a regulation which lists an organisation as a terrorist organisation and report its comments and recommendations to each House of the Parliament before the end of the applicable 15 sitting day disallowance period.

For an organisation to be listed as a terrorist organisation under the Criminal Code, the Minister for Home Affairs must be satisfied on reasonable grounds that the organisation meets the following legislative criteria:

• is directly, or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
• advocates the doing of a terrorist act.

The effect of this regulation is that the organisation is confirmed as a terrorist organisation for the purposes of offences listed in Division 102 of the Criminal Code. For example, directing the activities of a terrorist organisation or recruiting persons to a terrorist organisation.

Details of the re-listing can be found at the following link :
• Criminal Code (Terrorist Organisation – Jaish-e-Mohammad) Regulations 2021

Report tabled
On Wednesday, 12 May 2021 the Committee tabled a report by statement into the review. A copy of the statement is available below.

Report by statement on the review of regulations re-listing Jaish-e-Mohammad as a terrorist organisation under the Criminal Code Act 1995.