Criminal Code Act. Australia

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      (e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;

      (f) the alleged offence is committed against:

      (i) an Australian citizen; or

      (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;

      (g) 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) The circumstances relating to the alleged offence are exclusively internal if:

      (a) the conduct constituting the alleged offence occurs wholly within Australia; and

      (b) the alleged offender is an Australian citizen; and

      (c) all of the persons against whom the offence is committed are Australian citizens or bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

      (d) the alleged offender is in Australia; and

      (e) no other State Party to the Convention has a basis under paragraph 1 or 2 of Article 6 of the Convention for exercising jurisdiction in relation to the conduct.

      72.5 Saving of other laws

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

      72.6 Double jeopardy and foreign offences

      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 Subdivision in respect of that conduct.

      72.7 Bringing proceedings under this Subdivision

      (1) Proceedings for an offence under this Subdivision 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 Subdivision before the necessary consent has been given.

      (3) In determining whether to bring proceedings for an offence under this Subdivision, the Attorney-General must have regard to the terms of the Convention, including paragraph 2 of Article 19.

      (4) In determining whether to bring proceedings for an offence under this Subdivision, the Attorney-General must also have regard to:

      (a) whether the conduct constituting the offence also gives rise to an offence under a law of a State or Territory; and

      (b) whether a prosecution relating to the conduct under the State or Territory law has been or will be commenced.

      72.8 Ministerial certificates relating to proceedings

      (1) The Minister administering the Charter of the United Nations Act 1945 may issue a certificate stating any of the following matters:

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

      (b) that 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 6 of the Convention.

      (2) The Minister administering the Australian Citizenship Act 2007 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 at a particular time.

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

      72.9 Jurisdiction of State courts preserved

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

      72.10 Definitions

      In this Subdivision:

      Convention means the Convention referred to in section 72.1.

      explosive or other lethal device has the same meaning as in the Convention.

      government facility has the same meaning as State or government facility has in the Convention.

      infrastructure facility has the same meaning as in the Convention.

      place of public use has the same meaning as in the Convention.

      public transportation system has the same meaning as in the Convention.

      Subdivision B

      Plastic explosives

      72.11 Purpose

      The purpose of this Subdivision is to create offences relating to plastic explosives and give effect to the Convention on the Marking of Plastic Explosives.

      Note: The Convention requires the introduction of detection agents into plastic explosives so as to render the explosives detectable by vapour detection means. This is known as the marking of the explosives.

      72.12 Trafficking in unmarked plastic explosives etc.

      (1) A person commits an offence if:

      (a) the person traffics in a substance; and

      (b) the substance is a plastic explosive; and

      (c) the plastic explosive breaches a marking requirement; and

      (d) the trafficking is not authorised under section 72.18, 72.19, 72.20, 72.21, 72.22 or 72.23.

      Penalty: Imprisonment for 10 years.

      (2) The fault element for paragraph (1)(b) is recklessness.

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

      Note 1: For the marking requirements, see section 72.33.

      Note 2: For defences, see section 72.16.

      72.13 Importing or exporting unmarked plastic explosives etc.

      (1) A person commits an offence if:

      (a) the person imports or exports a substance; СКАЧАТЬ