Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.5 - Foreign incursions and recruitment  

Division 119 - Foreign incursions and recruitment  

SECTION 119.12   Declarations for the purposes of proceedings  

(1)  
The Foreign Affairs Minister may, in writing, declare that:


(a) a specified authority is in effective governmental control in a specified foreign country or part of a foreign country; or


(b) a specified organisation is not an armed force, or part of an armed force, of the government of a foreign country.

(2)  
The Defence Minister may, in writing, declare that if a specified person had done a specified act (being an act alleged to constitute an offence) the person would not have been acting in the course of the person ' s duty to the Commonwealth in relation to the defence or international relations of Australia.

(3)  
Without limiting subsection (1) or (2), a declaration under that subsection may be made in relation to a specified day or period.

(4)  
In proceedings for an offence referred to in paragraph 119.11(1)(a) , a certificate under this section is prima facie evidence of the matters stated in the certificate.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.