Criminal Code Act 1995
Schedule
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The Criminal Code
Division 71
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Offences against United Nations and associated personnel
SECTION 71.17
Exclusion of this Division if State/Territory laws provide for corresponding offences
(1)
A State or Territory court does not have jurisdiction to determine a charge of an offence under this Division if the conduct constituting the offence also constitutes an offence (the State offence ) against the law of that State or Territory.
(2)
If:
(a) a prosecution is brought against a person under this Division; and
(b) a court finds that there is a corresponding State offence;
Section 3
CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:
]Subdivision A - Definitions
A State or Territory court does not have jurisdiction to determine a charge of an offence under this Division if the conduct constituting the offence also constitutes an offence (the State offence ) against the law of that State or Territory.
(2)
If:
(a) a prosecution is brought against a person under this Division; and
(b) a court finds that there is a corresponding State offence;
then this section does not prevent the person from being prosecuted for the State offence.
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