Document ID: chunk:federal_register_of_legislation:C2020A00088:clause:1_36c
Version: federal_register_of_legislation:C2020A00088
Segment Type: clause
Provision Reference: sch 1 cl 36C
Character Range: 7909–9546

36C  Declared terrorist organisation

Declaration of declared terrorist organisation
 (1) A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code, that the Minister, by legislative instrument, declares is a declared terrorist organisation for the purposes of this section.
 (2) Before declaring that an organisation is a declared terrorist organisation, the Minister must be satisfied on reasonable grounds that the organisation:
 (a) either:
 (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; and
 (b) is opposed to Australia, or to Australia's interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be repudiating their allegiance to Australia.
 (3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979.

Review of declaration by Parliamentary Joint Committee on Intelligence and Security
 (4) The Parliamentary Joint Committee on Intelligence and Security may:
 (a) review a declaration made under subsection (1) as soon as possible after the declaration is made; and
 (b) report the Committee's comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration.