So you don’t know if it has been requested. A self-evident point here I think is, while we don’t know where whether the IRGC is directly personally responsible for Hamas’s attacks on Israel, we do know that the IRGC and the Iranian government are among the largest state sponsors of terrorism in the Middle East. Other than Hamas, they also support the Palestinian Islamic Jihad, Hezbollah and other terrorist actors in the region.
CHAIR: Senator Paterson, we have a short amount of time before we break.
Senator PATERSON: I’ll see if I can get through one of my items. I have some questions about the potential listing of the Iranian Islamic Revolutionary Guard Corps. I understand there was a process earlier this year to consider whether or not the IRGC could be listed as a terrorist organisation and should be listed as a terrorist organisation. I refer to an FOI—again, not mine—which has been brought to my attention, 00521, and which released some documents and not others but also provided a cover sheet describing the documents which were released and not released. If I look at the titles of the documents—for example, ‘Draft brief’, Listing process brief’, ‘Legal advice’ et cetera—it does look to me like a process to consider the listing of the IRGC was undertaken earlier this year. Is that right?
Mr Smyth : It’s our policy not to discuss or disclose what organisations may or may not be considered for listing as terrorist organisations.
Senator PATERSON: But I have a list of documents which have titles like ‘Listing process brief’, ‘Legal advice’, ‘Draft brief’ et cetera. It does look on the face of it, to me, that the government has considered this matter. AGD, in estimates, has said that the IRGC cannot be listed as a terrorist organisation because of its status as a state organ.
Mr Smyth : That’s correct.
Senator PATERSON: And that’s your department’s view as well?
Mr Smyth : I think it goes to the legislation under which the listings process operates. My understanding is that organs of state are not able to be listed as terrorist organisations.
Senator PATERSON: To your knowledge, has the government sought or received any advice about any legislative change that would be necessary to capture the IRGC?
Mr Smyth : I’m not aware, but I can ask my colleague, Mr Field, if he’s aware.
Mr Field : We’re not aware of that request.
Senator PATERSON: So you don’t know if it has been requested. A self-evident point here I think is, while we don’t know where whether the IRGC is directly personally responsible for Hamas’s attacks on Israel, we do know that the IRGC and the Iranian government are among the largest state sponsors of terrorism in the Middle East. Other than Hamas, they also support the Palestinian Islamic Jihad, Hezbollah and other terrorist actors in the region. It would be deeply unfortunate if they were escaping the usual sanction for that behaviour by a technicality that they are a state entity. It doesn’t seem like we should be allowing a loophole like that to prevail.
Mr Smyth : Yes, and I would obviously refer you to, in terms of sanctions regimes that can be applied to particular states, the Department of Foreign Affairs and Trade.
Senator PATERSON: I meant sanctioned as in legal consequence, not as in—
Mr Smyth : Legal consequences, I get that. I understand that that would be a decision for government.
Senator PATERSON: To your knowledge, the government hasn’t sought advice from you about whether the law should change to permit this?
Mr Smyth : I’m not aware of that, no.
Senator PATERSON: Okay, that’s unfortunate. I will leave it there and return with other matters after the break.
CHAIR: Perfect timing. The committee will now suspend for lunch.