EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 176

 

 

Issued by the authority of the Attorney-General

 

Criminal Code Act 1995

 

Criminal Code (Repeal of Amendments) Regulations 2009

 

The following regulations, specifying four organisations for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code Act 1995 (Criminal Code), were made on 24 June 2009 and took effect on 26 June 2009:

 

Criminal Code Amendment Regulations 2009 (No. 8)

Criminal Code Amendment Regulations 2009 (No. 9)

Criminal Code Amendment Regulations 2009 (No. 10)

Criminal Code Amendment Regulations 2009 (No. 11)

 

These regulations were made as a result of a clerical error.

 

The purpose of the Regulations is therefore to repeal these regulations that were made in error. Regulations to specify the four organisations for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code may be made at a later date, after consultation requirements have been met.

 

Details of the Regulations are set out in Attachment A.

 

The Regulations have retrospective effect as it is necessary that the repeal of the four regulations that were made in error is backdated to the date before they took effect. The Regulations therefore take effect on 25 June 2009. The result is that the regulations listing the four organisations as terrorist organisations at that time, before the four regulations that were made in error came into force on 26 June 2009, are reinstated.

 

Subsection 12(2) of the Legislative Instruments Act 2003 provides that a legislative instrument, or a provision of a legislative instrument, has no effect if, apart from this subsection, it would take effect before the date it is registered and as a result the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the date of registration would be affected so as to disadvantage that person, or liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of registration. The Attorney-General has provided a statement that he is satisfied that no such disadvantage or liabilities will be imposed as a result of the Regulations taking effect before the date on which they are registered.

 

Subsection 102.1(2A) of the Criminal Code provides that before the
Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in subsection 102.1(1) of the Criminal Code, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed Regulations.

 

Prior to the making of the Regulations, the Attorney-General has provided a written briefing to the Federal Leader of the Opposition.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

 

 

 

 

 

 

Attachment A

 

Details of the Criminal Code (Repeal of Amendments) Regulations 2009

 

Regulation 1- Name of Regulations

 

This regulation provides that the title of the Regulations is the Criminal Code (Repeal of Amendments) Regulations 2009.

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations are taken to have commenced on 25 June 2009.

 

Regulation 3 – Repeal of legislative instruments

 

This regulation repeals the following regulations:

 

(a) Criminal Code Amendment Regulations 2009 (No. 8)

(b) Criminal Code Amendment Regulations 2009 (No. 9)

(c) Criminal Code Amendment Regulations 2009 (No. 10)

(d) Criminal Code Amendment Regulations 2009 (No. 11).

 

Note

 

The note to the Regulations clarifies that, as the repeal takes effect from before the instruments commenced, the amendments made by these instruments are taken never to have come into effect.