Criminal Code Act. Australia

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СКАЧАТЬ by a government, or an intergovernmental organisation, with the agreement of the competent organ of the United Nations; or

      (b) persons engaged by the Secretary-General of the United Nations, a specialised agency or the International Atomic Energy Agency; or

      (c) persons deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary-General of the United Nations, a specialised agency or the International Atomic Energy Agency;

      to carry out activities in support of the fulfilment of the mandate of a UN operation.

      Convention means the Convention on the Safety of United Nations and Associated Personnel, done at New York on 9 December 1994.

      Note: The text of the Convention is set out in Australian Treaty Series 1995 No. 1. In 2000 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.

      Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

      Immigration Minister means the Minister administering the Migration Act 1958.

      UN enforcement action means a UN operation:

      (a) that is authorised by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations; and

      (b) in which any of the UN or associated personnel are engaged as combatants against organised armed forces; and

      (c) to which the law of international armed conflict applies.

      UN operation means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control if:

      (a) the operation is for the purpose of maintaining or restoring international peace and security; or

      (b) the Security Council or the General Assembly has declared, for the purposes of the Convention, that there exists an exceptional risk to the safety of the personnel engaged in the operation.

      UN or associated person means a person who is a member of any UN personnel or associated personnel.

      UN personnel means:

      (a) persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a UN operation; or

      (b) any other officials or experts on mission of the United Nations, its specialised agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a UN operation is being conducted.

      (2) In this Division, a person’s conduct causes death or harm if it substantially contributes to the death or harm.

      Division 72

      Explosives and lethal devices

      Subdivision A

      International terrorist activities using explosive or lethal devices

      72.1 Purpose

      The purpose of this Subdivision is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997.

      Note: The text of the Convention is available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.

      72.2 ADF members not liable for prosecution

      Nothing in this Subdivision makes a member of the Australian Defence Force acting in connection with the defence or security of Australia liable to be prosecuted for an offence.

      72.3 Offences

      (1) A person commits an offence if:

      (a) the person intentionally delivers, places, discharges or detonates a device; and

      (b) the device is an explosive or other lethal device and the person is reckless as to that fact; and

      (c) the device is delivered, placed, discharged, or detonated, to, in, into or against:

      (i) a place of public use; or

      (ii) a government facility; or

      (iii) a public transportation system; or

      (iv) an infrastructure facility; and

      (d) the person intends to cause death or serious harm.

      Penalty: Imprisonment for life.

      (2) A person commits an offence if:

      (a) the person intentionally delivers, places, discharges or detonates a device; and

      (b) the device is an explosive or other lethal device and the person is reckless as to that fact; and

      (c) the device is delivered, placed, discharged, or detonated, to, in, into or against:

      (i) a place of public use; or

      (ii) a government facility; or

      (iii) a public transportation system; or

      (iv) an infrastructure facility; and

      (d) the person intends to cause extensive destruction to the place, facility or system; and

      (e) the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

      Penalty: Imprisonment for life.

      (3) Strict liability applies to paragraphs (1)(c) and (2)(c).

      72.4 Jurisdictional requirement

      (1) A person commits an offence under this Subdivision only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2)):

      (a) the conduct constituting the alleged offence occurs:

      (i) wholly or partly in Australia; or

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

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

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

      (d) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of Article 6 of the Convention and the person СКАЧАТЬ