Assessing Damage, Urging Action conduct with a view to criminal prosecution for a terrorism offence, there are no such requirements in the Australian legislation.281 5. Listing A counter-terrorism preventive measure that has become increasingly important since 2001 has been the process of creating lists of individuals or organisations suspected of involvement in terrorism. Listed organisations are generally banned, while listed individuals typically face restrictions on their freedom of movement, or in their financial transactions. A variety of such lists exist both at the national level as well as at the universal or regional level. The UN Security Council introduced its listing system before 9/11 but it has taken on greater significance in recent years.282 The European Union maintains one list that implements the Security Council lists,283 and an independent European Union list.284 The Panel also heard of concerns in connection with regional listings on religious groups deemed “extremist” within the Shanghai Cooperation Agreement.285 There is, inevitably, a considerable amount of overlap between listing at the national and international levels: international listings are drawn in part from national lists, and national authorities are required to add internationally listed names to their domestic lists. This overlapping of names means that organisations and individuals that appear on one list soon find themselves on a number of different lists, with an array of proscribed activities. With such overlapping, comes both the potential for increased error, and the difficulty of legal challenge, or correction. Identifying and freezing the assets of persons, groups, and organisations involved in terrorism is clearly an acceptable, and indeed necessary, tactic in effectively combating terrorism. Listing also appears on the face of it to be the least far-reaching 281 See Section 8 of the UK Prevention of Terrorism Act 2005. 282 The 1267 Committee which implements the sanctioning system was established by the UN Security Council Resolution 1267 (1999), adopted on 15 October 1999, UN Doc. Res/1267 (1999) and maintains the Consolidated List of individuals and groups subject to the sanctions measures. See http://www.un.org/sc/ committees/1267/index.shtml. 283 The Council Common Position 2002/402/CFSP of 27 May 2002 concerning restrictive measures against Osama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them and Regulation (EC) No. 881/2002, adopted on the same date. The list, included as an annex to the Regulation, is regularly updated by new regulations to reflect the changes in the Consolidated List maintained by the 1267 Committee. 284 First created pursuant to Council of the European Union, Common Position 2001/931/CFSP and Council Regulation (EC No. 2580/2001). See also Common Position 2008/586/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and Council Regulation (EC) No. 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. 285 The list of organisations considered “extremist” by the Shanghai Cooperation Agreement is not public nor are the criteria for categorising organisations as “extremist”. 113