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

20 September 2007

© Commonwealth of Australia 2007
ISBN 978-0-642-78964-8 (Printed version)
ISBN 978-642-78965-5 (HTML version)

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


View the report as separate downloadable parts:

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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)


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