"State offence" means an offence against a law of a State or the Australian Capital Territory.

Repeal the heading, substitute:

Omit "occurring outside Australia and Norfolk Island".

Before "one or more", insert "if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island—".

Insert:

(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 (1)(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.

(2C)

A State offence is taken, for the purposes of subparagraph (2A)(a)(ii), to have a federal aspect if:

(a) it has a federal aspect within the meaning of section 4A of the Australian Crime Commission Act 2002 ; or
(b) it would have a federal aspect within the meaning of that section if the references in paragraph 4A(2)(d) of that Act to the Australian Crime Commission included references to the Australian Federal Police.

Repeal the subsection.

Note: This item does not commence at all if Schedule 3 to the Australian Federal Police and Other Legislation Amendment Act 2004 does not commence. See item 5 of the table in subsection 2(1).