(1) This Division applies in relation to the following incidents:
(a) the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time);
(b) any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies.
(2) Before making a determination under paragraph (1)(b), the Minister must be satisfied that:
(a) if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island--one or more Australian citizens or Australian residents have died in or as a result of the incident; and
(b) it is appropriate in the circumstances for this Division to apply in relation to the incident.
(2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:
(a) the Minister suspects on reasonable grounds that the incident involves the commission of:
(i) an offence against a law of the Commonwealth; or
(ii) a State offence that has a federal aspect; or
(iii) an offence against a law of a Territory; or
(b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or
(c) the Minister is satisfied that the incident is or has created a national emergency.
(2B) Without limiting paragraph (2A)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:
(b) persons receiving pensions, benefits or allowances from the Commonwealth;
(c) members of the Australian Defence Force;
(d) persons employed by, or holding an office in, the Commonwealth;
(e) residents of a Territory.