How often must terrorist group designations be reviewed?

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Terrorist Group Designations Require Periodic Review Under Law

Terrorist group designations are subject to mandatory reviews every six months, as stipulated by Section 66B(9) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. This legal provision compels the Minister of Home Affairs to assess whether reasonable grounds persist for an entity's designation as a terrorist group. Should such grounds no longer be met, the order designating the entity must be immediately revoked.
Mandated Six-Month Review Process

The Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 specifically outlines a mandatory review cycle for all orders designating entities as terrorist groups. This mechanism ensures that such designations are not permanent and are subject to ongoing scrutiny. The law requires the Minister of Home Affairs to conduct this review at six-month intervals to determine if the initial justification for the designation remains valid.
Revocation of Orders Without Reasonable Grounds

A critical component of this legal framework is the consequence of failing to find reasonable grounds for continued designation. If, during the mandated review, the Minister of Home Affairs concludes that there are no longer sufficient grounds to maintain an entity's status as a terrorist group, the Act mandates an immediate revocation of the designation order. This process underscores the dynamic nature of such classifications and the legal imperative for their regular re-evaluation.
Attorney General's Clarification on Review Mechanism

The Attorney General, Tan Sri Tommy Thomas, has clarified that his call for a review of the Liberation Tigers of Tamil Elam (LTTE) designation was in line with the legal requirement under Section 66B(9) of the Act. He emphasised that the minister possesses the authority to gazette or de-gazette groups, but also highlighted that the law's provision for a six-month review makes it challenging to secure convictions if the grounds for designation are not consistently re-established. This implies that the prosecution's case could be weakened if the designation itself is not actively being reassessed as required by law.

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How often must terrorist group designations be reviewed?

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