Peter Khalil (Wills, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report entitled Report by statement: A review of the regulation relisting Islamic State Somalia as a terrorist organisation under the Criminal Code Act 1995.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—I rise today to present this report by statement from the Parliamentary Joint Committee on Intelligence and Security for A review of the regulation relisting Islamic State Somalia as a terrorist organisation under the Criminal Code Act 1995. Under the Criminal Code, regulations may be made specifying an organisation as a terrorist organisation for a three-year period. Organisations can be relisted provided the minister is satisfied on reasonable grounds the organisation continues to directly or indirectly engage in terrorism or advocate doing of terrorist acts.

Islamic State Somalia was first listed as a terrorist organisation by the Australian government in 2019. The regulation to relist Islamic State Somalia was tabled in the House of Representatives on 23 September this year, 2022, and in the Senate on 26 September 2022. The committee's review examined the Attorney-General's decision to relist this particular organisation. Section 102.1A of the Criminal Code provides that the committee may review a regulation which lists or relists an organisation as a terrorist organisation and report its comments and recommendations to each house of the parliament before the end of the 15-sitting-day disallowance period. This report serves this purpose and is being presented within the required period.

In determining whether the regulation relisting Islamic State Somalia should be supported, the committee reviewed the merits in accordance with the Attorney-General's explanatory statement and statement of reasons for listing the organisation, and other publicly available information. The committee also invited public submissions on the listings. No submissions were actually received on this occasion. In its deliberations, the committee noted that Islamic State Somalia was formed by a group of disenfranchised Al-Shabaab members in 2014. It follows the tenets of Islamic State and was formally recognised by Islamic State as an affiliate in 2017. The group's primary objective is to establish an Islamic caliphate in the Horn of Africa. To that end, it has performed terrorist attacks against Somali government officials and civilians. It has also promoted terrorist attacks against Australia's allies. There is sufficient evidence that this group is engaging in, preparing, assisting with or fostering terrorist activities. The Australian government's assessment is that a successful terrorist attack directly or inspired by Islamic State Somalia could harm Australians and also that the group's activities and propaganda have the potential to inspire Australian violent extremists.

After examining the evidence provided to it, the committee is satisfied with the relisting process and considers that it has been followed appropriately for this organisation. The committee therefore supports the relisting of Islamic State Somalia under section 102 of the Criminal Code in order to protect Australians and Australia's interests, and finds no reason to disallow this regulation. I commend this report to the parliament.