CRIMES (OVERSEAS) ACT 1964 - SECT 3C Declared foreign countries and declared parts of foreign countries

CRIMES (OVERSEAS) ACT 1964 - SECT 3C

  (1)   The regulations may:

  (a)   provide that a foreign country (or a part of a foreign country) is a declared foreign country (or a declared part of a foreign country) for the purposes of this Act; or

  (b)   provide that a foreign country (or a part of a foreign country) is a declared foreign country (or a declared part of a foreign country) for the purposes of this Act but only in relation to a specified category of persons.

  (2)   Without limiting paragraph   ( 1)(b), the regulations may provide that the foreign country (or the part of the foreign country) is a declared foreign country (or a declared part of a foreign country) for the purposes of this Act only in relation to persons who undertake specified tasks or projects, or perform specified functions, in the foreign country (or that part of the foreign country).

  (3)   The regulations must specify:

  (a)   the day on which the foreign country (or the part of the foreign country) is to start being a declared foreign country (or a declared part of a foreign country) for the purposes of this Act; and

  (b)   the day on which the foreign country (or the part of the foreign country) is to cease being a declared foreign country (or a declared part of a foreign country) for the purposes of this Act.

  (4)   Before the Governor - General makes regulations for the purposes of subsection   ( 1), the Minister, after consulting the Minister for Foreign Affairs, must be satisfied that it is appropriate to do so having regard to:

  (a)   whether this Act would apply to Australians in relation to acts in the foreign country (or the part of the foreign country) even if the regulations were not made; and

  (b)   the nature of the activities to be engaged in by Australians in the foreign country (or that part of the foreign country); and

  (c)   the period during which those activities are to be engaged in; and

  (d)   the number of Australians likely to be engaging in those activities; and

  (e)   the circumstances in which Australians engaging in activities in the foreign country (or that part of the foreign country) are subject to, or immune from, the criminal laws in force in the foreign country; and

  (f)   any other relevant matter.

  (5)   Regulations made for the purposes of subsection   ( 1) within 3 months after the day on which the Crimes (Overseas) Amendment Act 2003 receives the Royal Assent may provide that a foreign country (or a part of a foreign country) is taken to have been a declared foreign country (or a declared part of a foreign country) on and from 1   July 2003.