Commonwealth Consolidated Acts

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DEFENCE (VISITING FORCES) ACT 1963 - SECT 10

Waiver of jurisdiction otherwise exercisable by a court

             (1)  Where:

                     (a)  a service tribunal of a country in relation to which this section applies has jurisdiction to try a person alleged to have committed an offence against the law of Australia or of a State or Territory; and

                     (b)  the jurisdiction of a court with respect to the alleged offence is not excluded by virtue of the last preceding section;

the designated authority of that country may request the Attorney‑General that jurisdiction be not exercised by a court with respect to the alleged offence and, if the Attorney‑General agrees to that request, he or she shall, by writing under his or her hand, notify the appropriate authority of Australia or of a State or Territory, as the case requires, that it is not desirable that the case should be dealt with by a court.

             (2)  Upon the Attorney‑General notifying an appropriate authority under the last preceding subsection, the provisions of the last preceding section shall be deemed to apply as if the alleged offence were an offence described in subsection (1) of that section.



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