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Designated terrorist organisations in Australia are organisations that have been designated by the Australian government as terrorist organisations. A list of terrorist organisations was first created under the Security Legislation Amendment (Terrorism) Act 2002, as part of the fight against terrorism worldwide.
The Security Legislation Amendment (Terrorism) Act 2002 was passed by the Australian Parliament, "enabling Australian governments to deal with organisations involved in terrorism",[1] and inserted a range of terrorist organisation offences into the Criminal Code Act 1995 (Cth).[2][3] For example, the Act made it an offence to materially support or be supported by a listed terrorist organisation.[4]
The list of designated terror organisations is maintained by the Attorney-General's Department. For listing as a terrorist organisation, an organisation may be found to be such by a court as part of a prosecution for a terrorist offence or the designation may be made by regulation upon the motion of the Attorney-General of Australia under Division 102 of the Criminal Code Act 1995.[5] Listing, de-listing and re-listing follows a protocol that mainly involves the Australian Security Intelligence Organisation and the Attorney-General's Department.[6] Such action in general is not made with reference to designations made or proposed by other countries or multinational organisations.[citation needed]
Under Division 103 of the Criminal Code Act 1995, it is illegal to finance terrorism.[7] The Australian Transaction Reports and Analysis Centre (AUSTRAC) monitors financial transactions involving listed terrorist organisations.[citation needed]
As of 18 April 2024,[update] the Australian government lists 29 foreign organisations as terrorist organisations:[2]
- Abu Sayyaf Group (ASG)
- Al-Qa'ida (AQ)
- Al-Qa'ida in the Arabian Peninsula (AQAP)
- Al-Qa'ida in the Indian Subcontinent (AQIS)
- Al-Qa'ida in the Lands of the Islamic Maghreb (AQIM)
- Al-Shabaab
- Boko Haram
- Hamas
- Hay'at Tahrir al-Sham
- Hizballah
- Islamic State
- Islamic State East Asia
- Islamic State in Libya (IS-Libya)
- Islamic State Khorasan Province
- Islamic State Sinai Province (IS-Sinai)
- Islamic State Somalia (IS-Somalia)
- Islamic State West Africa Province
- Jabhat Fatah al-Sham
- Jaish-e-Mohammed
- Jama'at Mujahideen Bangladesh
- Jama'at Nusrat al-Islam wal-Muslimin
- Jemaah Islamiyah (JI)
- Kurdistan Workers' Party (PKK)
- Lashkar-e-Taiba
- National Socialist Order (NSO)
- Neo-Jama'at Mujahideen Bangladesh
- Palestinian Islamic Jihad
- Sonnenkrieg Division
- The Base
Hamas was listed in July 2014,[8] but was removed from the list by January 2015.[citation needed] Hamas was reinstated in 2022.[9]
The Base and the entirety of Hezbollah were added on 24 November 2021.[10][11]
Australian anti-terrorism financing laws include:
- Criminal Code Act 1995 (Cth):
- section 102.6 – getting funds to, from or for a terrorist organisation
- section 102.7 – providing support to a terrorist organisation
- section 103.1 – financing terrorism
- section 103.2 – financing a terrorist, and
- section 119.4(5) – giving or receiving goods and services to promote the commission of a foreign incursion offence.[12]
- Charter of the United Nations Act 1945 (Cth):
- section 20 – dealing with freezable assets, and
- section 21 – giving an asset to a proscribed person or entity.
These offences sanction persons and entities under Australian and international law.[13] The responsibility of prosecuting these offences in Australia rests with the Australian Federal Police, state police forces and the Commonwealth Director of Public Prosecutions.
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