Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p14
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 14/16)
Character Range: 367807–370542

doing of a terrorist act;
 (ii) that the organisation advocates the doing of a terrorist act;
the AFP Minister must, by written notice published in the Gazette, make a declaration to the effect that the AFP Minister has ceased to be so satisfied.
 (4A) The declaration must specify the day on which the Minister ceased to be so satisfied.
 (4B) The regulations, to the extent to which they specify the organisation, are taken to cease to have effect on the day specified in the declaration under subsection (4A), even if that day occurred before the day on which the declaration is made.
 (5) To avoid doubt, subsections (4) to (4B) do not prevent the organisation from being subsequently specified by regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section if the AFP Minister becomes satisfied as mentioned in subsection (2).
 (16) Subsection (17) applies if:
 (a) an organisation (the listed organisation) is specified in regulations made for the purposes of paragraph (b) of the definition of terrorist organisation in this section; and
 (b) an individual or an organisation (which may be the listed organisation) makes an application (the de‑listing application) to the AFP Minister for a declaration under subsection (4) in relation to the listed organisation; and
 (c) the de‑listing application is made on the grounds that there is no basis for the AFP Minister to be satisfied that the listed organisation:
 (i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
 (ii) advocates the doing of a terrorist act;
  as the case requires; and
 (d) the AFP Minister did not receive an application from any individual or organisation under paragraph (b) of this subsection in relation to the listed organisation during the 12 months ending when the AFP Minister receives the de‑listing application.
 (17) The AFP Minister must, as soon as practicable after receiving the de‑listing application, consider whether the listed organisation:
 (a) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
 (b) advocates the doing of a terrorist act;
as the case requires.
Note: If the AFP Minister ceases to be satisfied of either of these (as the case requires), the AFP Minister must make a declaration under subsection (4) in relation to the listed organisation.
 (18) Subsections (16) and (17) do not limit the matters that may be considered by the AFP Minister for the purposes of subsection (4).
 (20) In this section, a reference to the doing of a terrorist act includes:
 (a) a reference to the doing of a terrorist act, even if a terrorist act does