Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23YUF

Application of this Division

             (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:

                     (a)  aliens;

                     (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.



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