Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (HOSTAGES) ACT 1989 No. 26 of 1989 - SECT 9

Person not to be charged in certain circumstances
9. (1) A person shall not be charged in relation to an act alleged to
constitute an offence against this Act if, under article 12 of the Convention,
the Convention would not apply in relation to that act.

(2) Subject to subsection (3), a person shall not be charged with an offence
against this Act if:

   (a)  the act alleged to constitute the offence was committed in a
        particular State;

   (b)  the person was, at the time the act was committed, a citizen of that
        State;

   (c)  the person is in that State; and

   (d)  the person seized or detained as a hostage was, at the time of that
        seizure or detention, a citizen of that State.

(3) Subsection (2) does not apply where the person referred to in paragraph
(2) (c) is in the State where the act alleged to constitute the offence was
committed by reason of being extradited to that State in relation to that act.
(4) In this section, "State" means:

   (a)  Australia; or

   (b)  a foreign country. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback