David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

To your proposed amendment (20), concerning the insertion of an AAT review mechanism for the listing of terrorist organisations, I have the following response. The Parliamentary Joint Committee on Intelligence and Security considered whether merits review by the Administrative Appeals Tribunal should be available in its inquiry into the proscription of terrorist organisations under the Australian Criminal Code, the report of which was tabled on 20 September 2007. The committee concluded that merits review was not necessary. Regulations listing organisations as terrorist organisations currently expire after two years. This bill would amend that to a three-year period. This provides for regular review and reassessment as to whether an organisation continues to meet the definition of a terrorist organisation. Adding a process of merits review would lead to uncertainty and the potential for rolling reviews of listing decisions. Listing regulations are disallowable instruments and are subject to parliamentary scrutiny and disallowance. The Parliamentary Joint Committee on Intelligence and Security reviews listing decisions and recommends to parliament whether listing regulations should be disallowed. Additionally, a person or organisation can make an application to the Attorney-General to delist an organisation at any time. Judicial review is also available under the Administrative Decisions (Judicial Review) Act 1977. I am also advised that subsections (2)(a) and (2)(b) provide you with some comfort on this point.