Document ID: chunk:federal_register_of_legislation:C2004A01129:clause:1_3:p1
Version: federal_register_of_legislation:C2004A01129
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 3135–5915

3  The Schedule (at the end of section 102.1 of the Criminal Code)
Add:

 (7) Before the Governor‑General makes a regulation specifying a Hizballah organisation for the purposes of paragraph (c) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).

 (8) Regulations for the purposes of paragraph (c) of the definition of terrorist organisation in this section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
 (a) the repeal of those regulations; or
 (b) the cessation of effect of those regulations under subsection (9); or
 (c) the making of new regulations the same in substance as those regulations (whether the new regulations are made or take effect before or after those regulations cease to have effect because of this subsection).

 (9) If:
 (a) a Hizballah organisation is specified by regulations made for the purposes of paragraph (c) of the definition of terrorist organisation in this section; and
 (b) the Minister ceases to be satisfied that the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur);
the Minister must, by written notice published in the Gazette, make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.

 (10) To avoid doubt, subsection (9) does not prevent a Hizballah organisation from being subsequently specified by regulations made for the purposes of paragraph (c) of the definition of terrorist organisation in this section if the Minister again becomes satisfied as mentioned in subsection (7).

 (11) If:
 (a) at a particular time on a particular day, the Minister is satisfied on reasonable grounds that a particular Hizballah organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act (whether or not the terrorist act has occurred or will occur); and
 (b) at a later time on that day, the Minister, or another Minister, makes a public announcement to the effect that:
 (i) a regulation will be made specifying the organisation for the purposes of paragraph (c) of the definition of terrorist organisation in this section; and
 (ii) the regulation will take effect at the time of the announcement; and
 (c) the regulation is made within 60