Terrorist organisations
The listing process
Australia has adopted two processes for the listing of terrorist organisations.
- under the Criminal Code Act 1995
- under the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2002 (UN Charter Regulations)
a) Listing a terrorist organisation under the Criminal Code Act 1995
Criteria to be satisfied to list an organisation
Certain criteria must be satisfied before an organisation may be listed as a terrorist organisation. Under section 102.1 of the Criminal Code Act 1995 (Criminal Code), the Attorney General must be satisfied on reasonable grounds that the relevant 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) or advocates the doing of a terrorist act (whether or not the terrorist act has occurred or will occur).
Which organisations have been listed?
Details of the organisations that have satisfied the criteria under section 102.1 of the Criminal Code, and have been listed as terrorist organisations. (Australian National Security website)
Consequences of listing - Offences
Listing an organisation as a terrorist organisation has serious consequences. Once an organisation is listed as a terrorist organisation a number of offences under the Criminal Code may apply. Sections 102.2 to 102.8 make it an offence to direct the activities, become a member, recruit for, train or receive training from, get funds to, from or for and provide support to a listed terrorist organisation. It is also an offence to associate with another person who is a member of, or who promotes or directs the activities of, a listed terrorist organisation. Penalties for these offences are severe, with imprisonment for up to 25 years. A person who has trained with a listed terrorist organisation may also be subjected to a control order (see section 104.4 of the Criminal Code).
b) Listing a terrorist organisation under the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2002 (UN Charter Regulations) – freezing of assets
United Nations Security Council (UNSC) Resolutions 1267 and 1373 impose obligations on UN Member States to freeze assets of terrorists and terrorist organsiations. These obligations are implemented in Australia through Part 4 of the Charter of the United Nations Act 1945 (UN Act) and the Charter of the United Nations (Terrorism and Dealing with Assets) Regulations 2002 (UN Charter Regulations).
The Department of Foreign Affairs and Trade administers this legislation. Further information including a consolidated list of entities and organisations to which the UN Charter Act applies may be found at:
It is an offence to deal with the assets of an organisation which is listed under the UN Charter Act and Regulations punishable by imprisonment for five years.