Commonwealth Consolidated Acts

DEFENCE (VISITING FORCES) ACT 1963 - SECT 14

             (1)  If a coroner having jurisdiction to hold an inquest into the manner and cause of a death is satisfied that the deceased person had, at the time of his or her death, a relevant association with a visiting force, the coroner:

                     (a)  shall not hold the inquest; or

                     (b)  where the inquest has been commenced but is not then completed, shall adjourn the inquest;

and, where a jury has been summoned, shall discharge the jury.

             (2)  If, on an inquest into the manner and cause of a death, the coroner is satisfied that:

                     (a)  a person who in accordance with section 8 is subject to the jurisdiction of the service tribunals of a country in relation to which this section applies has been charged before a service tribunal of that country with the homicide of the deceased person, whether or not that charge has been dealt with; or

                     (b)  such a person is being detained by an authority of that country with a view to his or her being so charged;

the coroner shall adjourn the inquest and, where a jury has been summoned, shall discharge the jury.

             (3)  The last preceding subsection does not prevent the coroner from:

                     (a)  taking evidence of the identity of the deceased person and of the place and date of his or her death;

                     (b)  furnishing information to the appropriate authority of the State or Territory concerned for the purpose of registration of the death; or

                     (c)  authorizing the burial, cremation or other disposal of the body of the deceased person.

             (4)  Notwithstanding the preceding provisions of this section, the Attorney‑General may notify the appropriate authority of the State or Territory concerned that there are no circumstances connected with the operation of this Act that make it undesirable that an inquest into the manner and cause of a specified death should be held or continued, as the case may be, and, if the Attorney‑General gives such a notification, the inquest may be held or resumed, as the case requires, and in the case of resumption proceed as if it were commenced for the first time.

             (5)  Where an inquest is held or resumed as provided by the last preceding subsection, it is not obligatory that the coroner shall view the body of the deceased person.

             (6)  A law in force in any part of Australia that imposes restrictions upon the removal out of Australia, or a part of Australia, of the body of a deceased person does not apply to or in relation to the body of a deceased person who at the time of his or her death had a relevant association with a visiting force, and the body of such a deceased person may be disposed of as the Attorney‑General, having regard to any request by the designated authority of the country concerned, determines.

             (7)  In this section, the expression homicide includes murder, manslaughter and infanticide and any other offence under the law of the country concerned that is substantially similar to any of those offences.