Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ having regard to the purpose, function or activity, the conduct was reasonable.

      Note 1: If a person causes less than serious harm to another person, the prosecution is obliged to prove that the harm was caused without the consent of the person harmed (see for example section 71.6).

      Note 2: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

      71.15 Defence — medical or hygienic procedures

      A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the course of a procedure in good faith for medical or hygienic purposes.

      Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

      71.16 Jurisdictional requirement

      (1) A person commits an offence under this Division only if:

      (a) the conduct constituting the alleged offence occurs:

      (i) wholly or partly in Australia; or

      (ii) wholly or partly on board an Australian aircraft or an Australian ship; or

      (b) the conduct constituting the alleged offence occurs wholly outside Australia and:

      (i) at the time of the alleged offence, the person is an Australian citizen; or

      (ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or

      (iii) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia; or

      (iv) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of article 10 and the person enters Australia; or

      (c) the alleged offence is committed against an Australian citizen; or

      (d) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

      (2) In this section:

      Australian aircraft means:

      (a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations as an Australian aircraft; or

      (b) an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of, a Commonwealth entity; or

      (c) a defence aircraft.

      Australian ship means:

      (a) a ship registered, or required to be registered, under the Shipping Registration Act 1981; or

      (b) an unregistered ship that has Australian nationality; or

      (c) a defence ship.

      defence aircraft means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.

      defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.

      71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences

      (1) A State or Territory court does not have jurisdiction to determine a charge of an offence under this Division if the conduct constituting the offence also constitutes an offence (the State offence) against the law of that State or Territory.

      (2) If:

      (a) a prosecution is brought against a person under this Division; and

      (b) a court finds that there is a corresponding State offence;

      then this section does not prevent the person from being prosecuted for the State offence.

      71.18 Double jeopardy

      If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Division in respect of that conduct.

      71.19 Saving of other laws

      This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

      71.20 Bringing proceedings under this Division

      (1) Proceedings for an offence under this Division must not be commenced without the Attorney-General’s written consent.

      (2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

      71.21 Ministerial certificates relating to proceedings

      (1) The Foreign Affairs Minister may issue a certificate stating any of the following matters:

      (a) the Convention entered into force for Australia on a specified day;

      (b) the Convention remains in force for Australia or any other State Party on a specified day;

      (c) a matter relevant to the establishment of jurisdiction by a State Party under paragraph 1 or 2 of article 10 of the Convention;

      (d) a matter relevant to whether a person is or was a UN or associated person;

      (e) a matter relevant to whether an operation is or was a UN operation.

      (2) The Immigration Minister may issue a certificate stating that:

      (a) a person is or was an Australian citizen at a particular time; or

      (b) a person is or was a stateless person whose habitual residence is or was in Australia.

      (3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

      71.22 Jurisdiction of State courts preserved

      For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Act, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

      71.23 Definitions

      (1) In this Division:

      associated personnel means:

      (a) persons assigned СКАЧАТЬ