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The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the listing and re-listing of eight organisations as terrorist organisations under the Criminal Code Act 1995 (the Criminal Code).
The listing of these organisations, made by regulations tabled in Parliament this week, triggers the application of a number of offences under the Criminal Code relating to membership of, support for or associating with the organisations.
Hamas is listed for the first time in its entirety, replacing the previous listing of Hamas’ Izz al-Din al-Qassam Brigades (the military wing of Hamas). This follows a recommendation of the PJCIS to the Government to consider broadening the listing in October 2021.
The Government has determined that Hamas is an ideologically and religiously motivated violent extremist organisation, which supports a strategy of armed resistance in pursuit of its goals of establishing an independent Palestinian state, and destroying Israel as a political entity. Hamas’ leadership has stated that there is no neat separation between the organisations’ political and paramilitary components and implied that the Brigades’ activities, including the use of terrorism, are sanctioned by and carried out as part of the wider Hamas organisation. Public statements made by Hamas’ political leaders have supported and advocated terrorism-related activities.
National Socialist Order (NSO), formerly known as Atomwaffen Division, has been listed as a terrorist organisation for the first time. The Government has determined that NSO is a nationalist and racist violent extremist group, founded in the United States in 2015, which advocates the use of violence to initiate a race war and establish a white ethno-state.
Two organisations, Hay’at al Tahrir al-Sham and Hurras al-Din, are listed for the first time in place of the previously-listed organisation Jabhat Fatah al-Sham, on the basis that these two groups are successors to Jabhat Fatah al-Sham, which is now defunct.
Four groups previously listed as terrorist organisations have been re-listed for a further three years by these regulations: Abu Sayyaf Group, Al Qa’ida, Al Qa’ida in the Lands of the Islamic Maghreb and Jemaah Islamiyah.
Under section 102.1A of the Criminal Code, the Committee may review listings of terrorist organisations and report its findings to each House of the Parliament within the 15 sitting day disallowance period for the relevant regulations.
Members of the public are invited to make submissions to this review, for likely consideration by the new PJCIS once formed in the next Parliament after the election. Submissions should be provided no later than Friday 13 May 2022.
