{"id":458,"date":"2019-03-25T16:46:10","date_gmt":"2019-03-25T16:46:10","guid":{"rendered":""},"modified":"2019-10-17T09:05:34","modified_gmt":"2019-10-17T09:05:34","slug":"criminalise-the-financing-terrorism-2673","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/free-law-essays\/criminal-law\/criminalise-the-financing-terrorism-2673.php","title":{"rendered":"Legislation to Criminalise the Financing of Terrorism"},"content":{"rendered":"

On 11 September 2001 (9\/11), the world
\nchanged. The terrorist attack on the Twin Towers in the United States of America
\ncost approximately $US 500,000 and yet the effect on the world has been
\nexponential. Although many countries had lived with national security issues
\nfor a long time, up until this point Australia had felt safe due to its
\ngeographical isolation. However that feeling of security had been shattered. Following
\nthe terrorist attack, Australia\u2019s response was to enact a significant amount of
\nlegislation, including laws to specifically criminalise terrorist activity.[1]<\/a>
\nThe question is, how effective have they been. Originally these anti-terror
\nlaws were considered temporary, and were adopted quickly and often with minimal
\nconsideration for the long-term effects. After 17 years it has become clear that
\nit is unlikely that the threat level will change for the better anytime in the
\nnear future. <\/p>\n

Prior to the Twin Towers, as a result of
\nthe changing world, the Financial Action Taskforce on Money Laundering (FATF)
\nwas established by the G-7[2]<\/a>
\nSummit in 1989 to \u2018examin[e] money laundering techniques and trends, reviewing
\nthe action which had already been taken at a national or international level,
\nand setting out the measures that still needed to be taken to combat money
\nlaundering\u2019.[3]<\/a> The
\nFATF developed nine special recommendations which included criminalising the
\nfinancing of terrorism and associated money laundering. These were used by
\nAustralia to develop the counter-terrorism regime.<\/p>\n

Since 2002 until 2016, Australia has enacted
\n54[4]<\/a>
\ncounter-terrorism laws in response to the perceived threat. A terrorist act is
\nnow defined in section 100.1 of the Criminal
\nCode Act 1995<\/em> (Criminal Code) as an action, or threat of action, with the
\nintention of advancing a political, religious or ideological cause by coercing, by influencing by intimidation a
\nGovernment or country , or by intimidating
\nthe public or a section of the public. This definition is important as it forms
\nthe basis for all terrorist actions within the suite of legislation.    <\/p>\n

One of the key areas of focus relates to counter-terrorism financing<\/a>. The basic definition of counter-terrorism financing is the illegal smuggling of cash to terrorist organisations. Although it has similar attributes to money laundering, terrorist financing is not laundered because there is generally no criminal offence for getting the funds; that is, the money is not generally a proceed of crime. The crime focuses on the individual receiving the funds. Money laundering involves money generated from past criminal activity; terrorist funding is used for future criminal activity.[5]<\/a> It is still difficult to separately quantify the two different types of funding, and it is considered that an estimate of the two may be somewhere between $3.5billion and $11.5billion annually in Australia.[6]<\/a> However, it is easier to link this to money laundering than terrorism financing.\u00a0 \u00a0<\/p>\n

The United Nations (UN) reacted swiftly to
\nthe terrorist attack on the US, with UN Security Council Resolution 1373 (2001)
\nenacted to ensure that participation in the \u2018financing, planning, preparation
\nor perpetration of terrorist acts or in supporting terrorist acts\u2019 be
\nestablished as \u2018serious criminal offences in domestic law\u2019.[7]<\/a>
\nIt was adopted under Chapter VI of the UN Charter and is binding on Australia. These
\nResolutions have formed the basis of and justification for the emerging legislation.\n<\/p>\n

The Suppression
\nof the Financing of Terrorism Act 2002<\/em> (SFTA) was made to amend the Criminal
\nCode, the Financial Transaction
\nReports Act 1988<\/em> (FTRA), the Mutual
\nAssistance in Criminal Matters Act 1987<\/em> and the Charter of the United Nations Act 1945<\/em>,
\nfor purposes related to terrorism. The SFTA was adopted to meet Australia\u2019s
\ninternational legal obligations under the UN Resolutions.<\/p>\n

The most important change was the creation
\nof Part 5.3 which was inserted into the Criminal Code by the Security Legislation Amendment (Terrorism)
\nAct 2002<\/em> (Cth) in 2002. This Part contained 14 new counter-terrorism
\noffences.  The offence of financing
\nterrorism was included in Division 103 of the Criminal Code and made the
\nprovision of funds to, or the collection of funds by, or on behalf of, a
\nterrorist or terrorist organisation a criminal offence. However, the FATF did
\nnot believe Australia had gone far enough to ensure compliance with the UN
\nResolutions, and recommended that Australia \u2018specifically criminalise the
\ncollection or provision of funds for an individual terrorist, as well as the
\ncollection of funds for a terrorist organisation\u2019.[8]<\/a>
\n  <\/p>\n

Criminalising the financing of terrorism<\/h3>\n

As outlined above, Australian\u2019s first
\nreaction was the amendment of the Criminal Code in 2002 to include the offence of
\nfinancing terrorism. The sections are read very broadly, and have wide reaching
\noutcomes. The offences do not require a terrorist act to even occur or the
\nfunds used for that specific purpose. Section 103.1 only requires a person to
\nbe reckless as to whether the fund will be used to facilitate or engage in a
\nterrorist act. A person commits an offence under sections 103.1 and 103.2 if
\nthat person donates funds to another person and is reckless as to whether the
\nother person will use them to commit a terrorist act. However it fails to cover
\nforgiveness of a debt, contracts of sale or testamentary gifts. <\/p>\n

The amendments to the legislation are important
\nas Part 5.3 can apply to conduct that occurs outside of Australia, whereas most
\nAustralian legislation does not have extra-territoriality. A perfect example of
\nthis was the Bali Bombings in October 2002. As there were 88 Australians who
\nwere killed in that terrorist act, irrespective of the fact that it occurred
\noverseas by non-Australians, the terrorists could have been tried in Australia
\nunder this Part. <\/p>\n

The Australian Federal Police Terrorism
\nFinancing Investigations Unit was developed in 2011 to focus on terrorism
\nfinancing offences. However, to date, only a handful of terrorists have been
\nconvicted under Part 5.3 which can be linked to both the complexity of the
\nvarious relevant legislations and lack of understanding by both the enforcement
\nagencies and juries.[9]<\/a><\/p>\n

These changes show just how far the
\ncounter-terrorism legislation has moved. Whether they have been effective is
\nquestionable though. Therefore Australia took further measure and introduced
\nlegislation to counter terrorist financing more directly. <\/p>\n

Australian Transaction Reports and Analysis Centre<\/h3>\n

The Australian Transaction Reports and
\nAnalysis Centre (AUSTRAC) was established in 1989 and is \u2018Australia’s financial
\nintelligence agency with regulatory responsibility for anti-money laundering
\nand counter-terrorism financing\u2019. AUSTRAC is the regulator of the Anti-Money
\nLaundering and Counter- Terrorism Financing Act 2006 <\/em>(Cth) (AML\/CTF Act) through monitoring compliance with the legislation and
\ntaking enforcement action for breaches of the Act. Accordingly, AUSTRAC has
\ndual roles \u2013 regulatory and enforcement. AUSTRAC has a Financial Intelligence
\nUnit to detect, prevent, investigate and prosecute. It analyses financial
\ntransaction information to identify patterns of suspicious activity and
\ncontribute to law enforcement operations. The two roles work interactively to
\nachieve the goals of the agency. AUSTRAC has the lead role in ensuring the
\nobjects of the AML\/CTF Act are met.<\/p>\n

Anti-Money Laundering and Counter- Terrorism Financing Act<\/h3>\n

In 2006 the  AML\/CTF Act was
\nintroduced to prevent money laundering and the financing of terrorism by
\nimposing a number of obligations on the financial sector, gambling sector,
\nremittance (money transfer) services, bullion dealers and other professionals
\nor businesses (known as \u2018reporting entities\u2019) that provide particular services
\n(known as \u2018designated services\u2019). These obligations include collecting and
\nverifying certain \u2018know your customer\u2019 (KYC) information about a customer’s
\nidentity when providing those services.[10]<\/a>
\nThe Act was drafted to largely replace the FTRA and in doing so, expanded the
\nrole of AUSTRAC to encompass a regulatory role.[11]<\/a>\n<\/p>\n

The explanatory memorandum (EM) for the Anti-Money Laundering and Counter- Terrorism
\nFinancing Bill (the Bill) states that the Bill adopts a risk based approach to AML\/CTF
\ncompliance, under which principal obligations are set out, but businesses will
\nhave flexibility to develop procedures according to different risks which they
\nidentify using their own AML\/CTF Programs. An EM is used to provide more detail
\nand is \u2018A[]n executive document issued by a Minister explaining the aims
\nand operation of a statute. In statutory interpretation, if the meaning of a
\nprovision in an Act is ambiguous or obscure, or the ordinary meaning conveyed by
\nthe text of the provision taking into account its context in the Act leads to a
\nresult that is manifestly absurd or unreasonable, reference may be made to
\nexplanatory memoranda in order to ascertain the meaning of the provision\u2019.[12]<\/a>
\nTherefore the Bill is useful for establishing the goals and objectives of the
\nproposed Act.<\/p>\n

The
\nobjects of the Bill, which had bipartisan support, was to ensure that Australia
\nimplements the most effective and proportionate measures to deter, detect and
\ndisrupt money laundering and the financing of terrorism. It was also to fulfil
\nAustralia\u2019s international obligations and address matters of international
\nconcern including the need to combat money laundering and terrorist financing.<\/p>\n

Australia has a role in the international
\ncommunity to attempt to tackle corruption, terrorism and serious and organised
\ncrime. The objects of the AML\/CTF
\nAct have been developed to achieve such goals. Further to this, Australia also
\nneeds to promote public confidence in the Australian financial system. The
\nAML\/CTF Act is comprehensive, and is to a large extent; appear to be meeting
\nthe objectives of the Act. <\/p>\n

Relevant Cases   <\/h3>\n

In the
\nfour years to 2016, AUSTRAC purports that 28 cases of suspected terrorism
\nfinancing worth $5.6 million was found involving charities that funnel
\ndonations overseas. And yet Australia has only undertaken several significant terrorism
\nfunding investigations and secured three convictions
\nsince the inception of the legislation under the Criminal Code.  <\/p>\n

In November 2005, 13 men were charged with
\nterrorism offences under Part 5.3 of the Criminal Code.[13]<\/a>
\nThree of the men were convicted for attempting to make funds available to a
\nterrorist organisation. The court found that they intended to do this by
\nselling parts from stolen cars and using the proceeds of sale for the purposes
\nof the organisation.<\/p>\n

The most significant recent case in
\nrelation to counter-terrorism recently has been the Chief Executive Officer of the Australian Transaction Reports and
\nAnalysis Centre v Commonwealth Bank of Australia<\/em> (CBA Case). The two
\nparties released a statement of agreed facts and admissions on 4 June 2018
\nrather than go to proceedings. <\/p>\n

The Statement stated that in May 2012, CBA
\nintroduced a new system called the Intelligent Deposit Machines (IDM). In 2014
\nCBA identified that they had suspicions that money-laundering was occurring
\nthrough its IDMs but did not take any action in relation to those suspicions. It
\nwas not until CBA introduced daily limits on cash deposits through IDMs
\ncommencing in November 2017 and completed by 12 April 2018 that CBA adopted
\nsufficient appropriate risk-based controls to mitigate and manage the money
\nlaundering\/terrorism financing risk posed by IDMs.[14]<\/a>
\nThe bank has admitted that they failed to report more than 53,000 transactions
\nmade through their IDM. An investigation by AUSTRAC and state police
\nestablished that CBA contravened section 82(1) of the AML\/CTF Act on 14
\noccasions. The Federal Court of Australia imposed a civil penalty of $700
\nmillion, the largest civil penalty in Australian corporate history.  <\/p>\n

These cases highlight that although there
\nappears to be significant breaches of the AML\/TF Act, it is taking a long time
\nto identify and prosecute, thereby arguably not meeting the objects of the Act
\nbeing, deter, detect or disrupt. <\/p>\n

Impact on human rights<\/h3>\n

Although there are a number of human rights<\/a> that are affected by targeting terrorist funding, such as freedom of speech and association, the right to property, and the right to travel, it is generally considered that the purpose of the legislation overrides the suppression of human rights. However when such action is perceived as failing to incorporate adequate human rights protections, it can undermine the effectiveness and credibility of the legislation. To counter this perception, a statement of compatibility must be prepared for each Bill for an Act proposed to the House of the Parliament in accordance with section 8 of the Human Rights (Parliamentary Scrutiny) Act 2011<\/em>. The Australian Human Rights Commission (the Commission) expressed concern to the Senate Legal and Constitutional Affairs Committee on the Bill believing it would lead to discrimination by financial institutions based on race, religion and nationality. The Commission argued that an Independent Reviewer of Terrorism Laws should be established to consider human rights impacts of laws relating to terrorist acts.  <\/p>\n

One method to ensure the protection of
\nhuman rights, amongst other things, was the creation of the role of the
\nIndependent National Security Legislation Monitor (INSLM). The INSLM \u2018independently
\nreviews the operation, effectiveness and implications of national security and
\ncounter-terrorism laws; and considers whether the laws contain appropriate
\nprotections for individual rights, remain proportionate to terrorism or
\nnational security threats, and remain necessary\u2019.[15]<\/a>
\nThe role includes reviewing specified legislation, as well as \u2018any other law of
\nthe Commonwealth to the extent that it relates to Australia\u2019s counter terrorism
\nand national security legislation.[16]<\/a>\n<\/p>\n

In the 2013 annual report the INSLM
\nreviewed the efficacy of the terrorism financing laws.[17]<\/a>
\nIt stated:<\/p>\n

\u2018The INSLM\u2019s
\nreview found the effectiveness of the laws, especially with regard to their
\npreventive and deterrent purpose, to be compromised by the difficulties of
\nproof associated with prosecuting terrorism financing offences. The relatively
\nlight sentences imposed in the few cases where the offences have been
\nsuccessfully prosecuted have not assisted in this regard\u2019.[18]<\/a><\/p>\n

INSLM went further and expressed concern
\nabout the actual effectiveness of the terrorism financing laws.  <\/p>\n

Effectiveness of the counter-terrorism financing regimes <\/h3>\n

There is no evidence that the threat of terrorism
\nor likelihood of attacks has decreased due to the terrorism financing laws.[19]<\/a>
\nAlso, despite the high level of concern about terrorist financing, many people
\nare still not entirely sure what it is or how it works. <\/p>\n

One argument discussed by INSLM is that any
\nconduct which could be considered terrorism financing can be addressed through
\nother extant legislation just as effectively, and so the laws as they stand
\ncould be considered superfluous. Therefore the effectiveness of the regime is
\nskewed by the availability of other, often simpler legislation. <\/p>\n

In 2008\u201309, 6,888 reports were made of
\nsuspect matters and of these 29 related to financing of terrorism. However,
\n‘the most successful operations against terrorist financing have not come
\nthrough large or suspect transaction reports but rather from sound intelligence
\nwork’.[20]<\/a>
\nThe Australian cases have all related to individuals supporting overseas
\ngroups. Accordingly, it could be argued that the regimes for reporting as they
\ncurrently stand do not positively contribute to the disruption of terrorist
\nfinancing within Australia and it is only the international obligations that
\nare being met.<\/p>\n

Information sharing is paramount to the
\ndetection, disruption and denial to terrorists. One area of concern with the current
\nregime is the lack of understanding in relation to the application of the Privacy Act 1988<\/em> (Privacy Act) and
\nanti-terrorism laws. Private sector entities are confused about how much
\ninformation they can provide if they suspect an individual of involvement in
\nterrorism financing.[21]<\/a>
\nThe Privacy Act needs amending to clearly allow the transfer of personal
\ninformation to AUSTRAC without fear to enable the effective implementation of
\nthe regime. <\/p>\n

In 2015 the FATF conducted a review of
\nAustralia\u2019s measures that were in place as at August 2014.[22]<\/a>
\nThe report on the review concluded that the AML\/CTF regime remained relevant
\nand appropriate, but determined that there is scope to strengthen the regime
\nand achieve greater regulatory efficiencies.<\/p>\n

The AML\/CTF Act itself requires some
\nadjusting to meet the objectives to detect, disrupt and deter terrorism financing.
\nThe Act and Rules are complex, which creates uncertainty and impedes on the
\nindustry\u2019s ability to comply with the legislation. The legalistic style of the
\nlegislation makes it difficult for small companies to understand which can lead
\nto inadvertent breaches. The industries require more support to ensure
\ncompliance and consideration should be made for exemptions for those who are
\nconsidered low risk.  On top of that,
\nthere are two regulatory regimes that are in effect, being the AML\/CTF Act and
\nthe FTRA with little perceived
\ngain. However, the FTRA obligations do not apply to a transaction to which the
\nAML\/CTF Act applies. For example, a reporting entity might be a cash dealer
\nunder the AML\/CTF Act whilst also providing a general insurance service which
\nrequires reporting under the FTR Act. This can be very confusing to industries,
\nparticularly small businesses. <\/p>\n

The FATF noted in 2015 that \u2018Australia does
\nnot have a developed national policy setting out what the overall AML\/CTF
\nsystem is meant to achieve, or how its success should be monitored or measured,
\nmaking it challenging to determine how well the ML\/TF risks are being addressed\u2019.[23]<\/a>
\nThis makes it particularly difficult in ascertaining whether the objectives of
\nthe Act are being met. Conversely however, it could be argued that the lack of
\nevidence of counter-terrorism financing within Australia could indicate that it
\nis not occurring here. <\/p>\n

Another
\nissue that is not addressed within the current regime is the evidence that many
\nterrorist activities are self-funded. The 2005 attacks on the London transport
\nsystem were self-funded with no external source of income.[24]<\/a> The
\ncost of the attack was estimated at only \u00a38,000 highlighting that tracking the
\nfinances will not necessarily detect or deny many terrorist attacks. This is
\nalso reflected in the number of individuals who are subject to an asset
\nfreezing regime. In 2006, only one group was identified in Australia, and had a
\ntotal of $2,197 of assets frozen.[25]<\/a><\/p>\n

It is important to note that Australia is
\nmeeting the international obligations and cooperates well with other countries
\nthrough mutual assistance. Information is legally shared through both formal
\nand informal channels to provide their
\ninternational counterparts with the information they need to investigate and
\nprosecute money laundering offences, offences constituted by the financing of
\nterrorism, and other serious crimes.<\/p>\n

Overall
\nthe effectiveness of the regime is questionable; there is no evidence that terrorist
\nfinancing is occurring to be able to ascertain the effectiveness or even the
\nnecessity of the counter-terrorism financing regime. <\/p>\n

Amendments to the Legislation<\/h3>\n

The first changes to the AML\/CTF Act have
\nrecently occurred with the passing of the Anti-Money
\nLaundering and Counter-Terrorism Financing Amendment Act 2017<\/em> (AML\/CTF
\nAmendment Act). The amendments were as a result of Report on the Statutory Review of the Anti-Money Laundering
\nand Counter-Terrorism Financing Act 2006 and Associated Rules and Regulations<\/em> (the Report). [26]<\/a><\/p>\n

The amendment was adopted to strengthen
\nAustralia\u2019s capabilities to address money laundering and terrorism funding and
\nintroduced three key changes:<\/p>\n

    \n
  1. Greater regulatory power and
    \nfunctions for the AUSTRAC Chief Executive Officer (CEO)<\/li>\n
  2. Digital currency exchange
    \nproviders are now subjected to the AML\/CTF regime, and<\/li>\n
  3. Regulatory relief for some
    \nindustries.    [27]<\/a> <\/li>\n<\/ol>\n

    The power of the AUSTRAC CEO will be
    \nexpanded to allow the role to issue infringement notices for more offences
    \nrather than require Federal Court proceedings. The AUSTRAC CEO\u2019s investigative
    \nand enforcement powers will also be strengthened as police and Customs officers
    \nwill receive broadened powers to search and seize physical currency and bearer
    \nnegotiable instruments where there is a suspicion of money laundering,
    \nterrorism financing or other serious criminal offences. <\/p>\n

    In accordance with the FATF guidance
    \nreleased in 2015, the legislation will be expanded to include businesses who
    \nexchange digital currencies for money, such as Bitcoin exchanges. This will
    \nbring the digital currencies more into line with cash currencies.<\/p>\n

    Finally, there will be regulatory relief
    \nfor low risk industries such as the cash-in-transit sector, insurance
    \nintermediaries, and general insurance providers, although some definitions will
    \nbe extended to include more companies in groups.<\/p>\n

    Overall, the amendments have expanded
    \nrather than contracted the roles and reach of the legislation. Whereas most
    \nreviews have recommended the counter-terrorism financing regime should be
    \nreduced due to the lack of evidence as to the effectiveness of the legislation,
    \nthe opposite has occurred. This continues to be the trend for Australian
    \ncounter-terrorism laws; react quickly without the appearance of much
    \nforethought.  <\/p>\n

    Conclusion<\/h2>\n

    The world has changed and it will never
    \nreturn to how things were pre 9\/11. Australia has been particularly hard hit as
    \nwe felt protected and we are now hurriedly trying to meet our international
    \nobligations in relation to terrorism. <\/p>\n

    The international pressure, perceived or
    \notherwise, to implement the same level of protections as the rest of the
    \ninternational community has led to significant legislation being adopted and it
    \nhas been done so very quickly. However the difficulty to date is the lack of
    \ncase law or evidence to indicate that terrorism financing is even actually occurring
    \nin Australia. It could therefore be argued that it has been a knee jerk
    \nreaction with no planned or considered process to meet these obligations.  <\/p>\n

    As stated by INSLM, \u2018there has been very
    \nlittle analysis of the nature, scale and threat of terrorism financing globally
    \nand the effectiveness of measures to counter terrorism financing adopted by
    \nStates in purported compliance with international obligations\u2019.    [28]<\/a>
    \nUntil that happens, it will continue to be questionable as to whether the laws
    \nas they currently stand are effective, or even necessary, in Australia other
    \nthan to meet our international obligations. The lack of evidence and
    \nover-regulating of low risk industries has resulted in few prosecutions. Accordingly,
    \nthe regulatory regime that has been implemented by Australia is not meeting the
    \nstated objectives and it does not appear that future changes are being
    \nconsidered to try and change this perception.  <\/p>\n

    Bibliography<\/h2>\n

    Attorney-General\u2019s Department, Australian
    \nGovernment, Report on the Statutory
    \nReview of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
    \nand Associated Rules and Regulations<\/em>, April 2016<\/p>\n

    The Australian, <https:\/\/www.theaustralian.com.au\/national-affairs\/national-security\/keenan-tightens-laws-on-moneylaundering-and-terror-financing\/news-story\/b249b71ccaae5e3aa9f4f3eddb025ebf<\/a>><\/p>\n

    Australian Human Rights Commission, Inquiry into the Independent Reviewer of
    \nTerrorism Laws Bill 2008 [No 2]<\/em>, 12 September 2008 <
    \nhttps:\/\/www.humanrights.gov.au\/inquiry-independent-reviewer-terrorism-laws-bill-2008-no2><\/p>\n

    Australian Institute of Criminology, Anti-money laundering and counter-terrorism
    \nfinancing across the globe: A comparative study of regulatory action<\/em>,
    \nResearch and Public Policy Series no. 113, 2011<\/p>\n

    Chief
    \nExecutive Officer of the Australian Transaction Reports and Analysis Centre v
    \nCommonwealth Bank of Australia<\/em> Statement of Agreed
    \nFacts and Admissions, 4 June 2018<\/p>\n

    COAG Counter-Terrorism Review Committee, COAG Review if Counter-Terrorism Legislation<\/em>,
    \nLaw Council of Australia Limited, 27 September 2012<\/p>\n

    Comply Advantage, An overview of financial crime and how it can affect you<\/em>, 2018, https:\/\/complyadvantage.com\/knowledgebase\/financial-crime\/<\/a><\/p>\n

    Murray Deakin and Sara Liu, New anti-money laundering and
    \ncounter-terrorism financing laws<\/em>, 30 January 2018, Legaltalk \u2013 Insights,
    \nPricewaterhouseCoopers<\/p>\n

    FATF and APG (2015), Anti-money laundering and counter-terrorist financing measures –
    \nAustralia, Fourth Round Mutual Evaluation Report<\/em>, FATF, Paris and APG,
    \nSydney<\/p>\n

    Andrew Lynch and Nicola McGarrity, \u2018A
    \n\u2018Watch Dog\u2019 of Australia\u2019s Counter-terrorism laws \u2013 the Coming of the National
    \nSecurity Legislation Monitor\u2019 (2010) 12 Flinders
    \nLaw Journal<\/em> 83<\/p>\n

    Nicola McGarrity, \u2018The Criminalisation of
    \nTerrorist Financing in Australia\u2019 (2012) Monash
    \nUniversity Law Review<\/em> (Vol 38, No 3)<\/p>\n

    Tracey Mylecharane, Anti-Terrorism
    \nFinancing, Australian National University (30 May 2018)<\/p>\n

    Simon Norton and Paula Chadderton, December
    \n2016, Special Report: Detect, disrupt and
    \ndeny: Optimising Australia\u2019s counterterrorism financing system<\/em>, Australian
    \nStrategic Policy Institute Limited 2016<\/p>\n

    Marc Posthouwer, Australia’s Enhanced Anti-Money Laundering and Counter-Terrorism
    \nFinancing Regime: New Compliance Challenges for the Financial Services Industry<\/em>,
    \n25 Law Context: A Socio-Legal J. 160 (2007)<\/p>\n

    R v Benbrika & Ors [2009] VSC 21, 3
    \nFebruary 2009<\/p>\n

    John L Schmidt, Australian Transaction
    \nReports and Analysis Centre, Terrorism
    \nfinancing in Australia 2014<\/em>, AUSTRAC, Australian Government, 2014<\/p>\n

    R Smith, R McCusker  & J Walters,  2010. Financing of terrorism: Risks
    \nfor Australia<\/em>. Trends & issues in crime and criminal justice No. 394.
    \nCanberra: Australian Institute of Criminology <\/p>\n

    George Syrota, Australia\u2019s
    \nCounter-Terrorism Offences: A Critical Study (2008) University of Western Australia Law Review<\/em> (34)<\/p>\n

    Bret Walker, Independent National Security Legislation Monitor Annual Report<\/em>,
    \nIndependent National Security Legislation Monitor, 7 November 2013<\/p>\n

    Websites:<\/h3>\n

    Attorney-General\u2019s Department, <https:\/\/www.ag.gov.au\/NationalSecurity\/Counterterrorismlaw\/Pages\/PreventingTheFinancingOfTerrorism.aspx<\/a>><\/p>\n

    Australian Human Rights Commission, <https:\/\/www.humanrights.gov.au\/our-work\/rights-and-freedoms\/projects\/counter-terrorism-and-human-rights<\/a>><\/p>\n

    AUSTRAC, <http:\/\/www.austrac.gov.au\/chapter-10-financial-transaction-reports-act<\/a>><\/p>\n

    FATF, <http:\/\/www.fatf-gafi.org\/publications\/fatfgeneral\/documents\/terroristfinancing.html<\/a>><\/p>\n

    Independent National Security Legislation
    \nMonitor, About the INSLM<\/em>, <    https:\/\/www.inslm.gov.au\/about<\/a>><\/p>\n

    Office of the Australian Information
    \nCommissioner,
    \n<https:\/\/oaic.gov.au\/privacy-law\/other-legislation\/anti-money-laundering><\/p>\n

    \n

    [1]<\/a> Although Australia had terrorist legislation in the Northern
    \nTerritory, it was the exception rather than the rule. <\/p>\n

    [2]<\/a> The G-7 is seven countries who developed a forum for the world\u2019s
    \nmajor industrialised countries to share macroeconomic initiatives. <\/p>\n

    [3]<\/a> FATF, History of the FATF<\/em>
    \n<    http:\/\/www.fatf-gafi.org\/about\/historyofthefatf\/<\/a>> <\/p>\n

    [4]<\/a> Nicola McGarrity, \u2018The Criminalisation of Terrorist Financing in
    \nAustralia\u2019 (2012) Monash University Law
    \nReview<\/em> (Vol 38, No 3)<\/p>\n

    [5]<\/a> Tracey Mylecharane, Anti-Terrorism Financing, Australian National
    \nUniversity (30 May 2018)<\/p>\n

    [6]<\/a> Marc Posthouwer, Australia’s
    \nEnhanced Anti-Money Laundering and Counter-Terrorism Financing Regime: New
    \nCompliance Challenges for the Financial Services Industry<\/em>, 25 Law Context:
    \nA Socio-Legal J. 160 (2007)<\/p>\n

    [7]<\/a> UN Security Council Resolution 1373 (2001) <\/p>\n

    [8]<\/a> McGarrity, above n 4 <\/p>\n

    [9]<\/a> George Syrota, Australia\u2019s Counter-Terrorism Offences: A Critical
    \nStudy (2008) University of Western
    \nAustralia Law Review<\/em> (34)<\/p>\n

    [10]<\/a> Office of the Australian Information Commissioner, <https:\/\/oaic.gov.au\/privacy-law\/other-legislation\/anti-money-laundering><\/p>\n

    [11]<\/a> Anti-Money Laundering and
    \nCounter-Terrorism Bill 2006<\/em> <\/p>\n

    [12]<\/a> Acts Interpretation Act 1901<\/em> s 15AB<\/p>\n

    [13]<\/a> R v Benbrika & Ors [2009] VSC 21, 3 February 2009<\/p>\n

    [14]<\/a> Chief Executive Officer of
    \nthe Australian Transaction Reports and Analysis Centre v Commonwealth Bank of
    \nAustralia<\/em> Statement of Agreed Facts and Admissions, 4 June 2018<\/p>\n

    [15]<\/a> Independent National Security Legislation Monitor, About the INSLM<\/em>, <https:\/\/www.inslm.gov.au\/about><\/p>\n

    [16]<\/a> Ibid, statutory functions<\/em><\/p>\n

    [17]<\/a> Bret Walker, Independent National
    \nSecurity Legislation Monitor Annual Report<\/em>, Independent National Security
    \nLegislation Monitor, 7 November 2013<\/p>\n

    [18]<\/a> Ibid 93<\/p>\n

    [19]<\/a> Ibid 113<\/p>\n

    [20]<\/a> Smith R, McCusker R & Walters J. 2010. Financing of
    \nterrorism: Risks for Australia<\/em>. Trends & issues in crime and criminal
    \njustice No. 394. Canberra: Australian Institute of Criminology <\/p>\n

    [21]<\/a> Simon Norton and Paula Chadderton, December 2016, Special Report: Detect, disrupt and deny:
    \nOptimising Australia\u2019s counterterrorism financing system<\/em>, Australian
    \nStrategic Policy Institute Limited 2016<\/p>\n

    [22]<\/a> FATF and APG (2015), Anti-money
    \nlaundering and counter-terrorist financing measures – Australia, Fourth Round
    \nMutual Evaluation Report<\/em>, FATF, Paris and APG, Sydney<\/p>\n

    [23]<\/a> Ibid 7<\/p>\n

    [24]<\/a> Smith, above n 20<\/p>\n

    [25]<\/a> Smith, above n 20<\/p>\n

    [26]<\/a> Attorney-General\u2019s Department, April 2016<\/p>\n

    [27]<\/a> Murray Deakin and Sara Liu, New
    \nanti-money laundering and counter-terrorism financing laws<\/em>, 30 January
    \n2018, Legaltalk \u2013 Insights, PricewaterhouseCoopers<\/p>\n

    [28]<\/a> Ibid 104<\/p>\n","protected":false},"excerpt":{"rendered":"

    Australian\u2019s first reaction was the amendment of the Criminal Code in 2002 to include the offence of financing terrorism.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[90],"class_list":["post-458","post","type-post","status-publish","format-standard","hentry","category-free-law-essayscriminal-law","tag-au-law"],"yoast_head":"\nLegislation to Criminalise the Financing of Terrorism | LawTeacher.net<\/title>\n<meta name=\"description\" content=\"Australian\u2019s first reaction was the amendment of the Criminal Code in 2002 to include the offence of financing terrorism.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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