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CRIMES ACT 1914 - SECT 23YUF Application of this Division

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, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates.

  (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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