The Islamic State has been listed as a terrorist organisation under the Criminal Code. This replaces the former listing of the Islamic State of Iraq and the Levant (ISIL).
While the Islamic State and ISIL are the same organisation, the Government has moved to specifically list the Islamic State under this name reflecting an expansion of the organisation’s operating area and its announcement of an Islamic caliphate. It does not represent a change in the Islamic State’s leadership, membership or methods of operation.
Listing the Islamic State reinforces the Government’s strong message to those Australians who may wish to participate in the conflicts in Syria and Iraq – that their activities may be subject to offences with significant penalties of up to 25 years’ imprisonment under the Criminal Code.
It will continue to be an offence to direct the activities of, be a member of, recruit for, train for and receive training from the Islamic State. It is also an offence to get funds to, from or for, provide support to and associate with members of the Islamic State.
The Islamic State continues to attract a large number of foreign fighters, including Westerners. The Islamic State conducts public executions and violent punishments in areas it controls and is one of the world’s most deadly and active terrorist organisations, targeting crowds and public gatherings during holidays and religious festivals to maximize casualties and publicity.
An organisation is listed as a terrorist organisation under the Criminal Code when the Attorney-General is satisfied the organisation is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or advocates the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).
The Government always acts on the advice and assessments of the national security agencies.
The listing of the Islamic State is valid for three years, after which the organisation may be re-listed.
