Terrorism Suppression Act 2002

Interim designation

20 Interim designation as terrorist or associated entity

(1)

The Prime Minister may designate an entity as a terrorist entity under this section if the Prime Minister has good cause to suspect that the entity has knowingly carried out, or has knowingly participated in the carrying out of, 1 or more terrorist acts.

(2)

On or after designating an entity as a terrorist entity under this Act, the Prime Minister may designate 1 or more other entities as an associated entity under this section.

(3)

The Prime Minister may exercise the power given by subsection (2) only if the Prime Minister has good cause to suspect that the other entity—

(a)

is knowingly facilitating the carrying out of 1 or more terrorist acts by, or with the participation of, the terrorist entity (for example, by financing those acts, in full or in part); or

(b)

is acting on behalf of, or at the direction of,—

(i)

the terrorist entity, knowing that the terrorist entity has done what is referred to in subsection (1); or

(ii)

an entity designated as an associated entity under subsection (2) and paragraph (a), knowing that the associated entity is doing what is referred to in paragraph (a); or

(c)

is an entity (other than an individual) that is wholly owned or effectively controlled, directly or indirectly, by the terrorist entity, or by an entity designated under subsection (2) and paragraph (a) or paragraph (b).

(4)

Before designating an entity as a terrorist or associated entity under this section, the Prime Minister must consult with the Attorney-General and the Minister of Foreign Affairs and Trade about the proposed designation.

(5)

After an entity is designated as a terrorist or associated entity under this section, the Prime Minister and the Attorney-General must, if practicable before the making of the designation is publicly notified under section 21(c) and, if not so practicable, as soon as possible after that notification,—

(a)

advise the Leader of the Opposition of the making of the designation; and

(b)

if requested to do so by the Leader of the Opposition, brief that Leader as to the factual basis for the making of the designation.