Where would the group go to discharge that burden of proof? Would the group go to the Federal Court on judicial review, or would the group be able to challenge it in a criminal trial? Hence my concern about fragmentation.
If you take the terrorism model as your template, “terrorist group” is defined in section 83.01 either as a group that has terrorism as its aim--very much like section 467.1--or as “a listed entity”. The concern is that you are substituting cabinet's decision to list for what is essentially a highly aggravating factor when it comes to the individual's criminal trial.