Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 71 - Offences against United Nations and associated personnel  

SECTION 71.23   Definitions  

(1)  


In this Division:

associated personnel
means:


(a) persons assigned by a government, or an intergovernmental organisation, with the agreement of the competent organ of the United Nations; or


(b) persons engaged by the Secretary-General of the United Nations, a specialised agency or the International Atomic Energy Agency; or


(c) persons deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary-General of the United Nations, a specialised agency or the International Atomic Energy Agency;

to carry out activities in support of the fulfilment of the mandate of a UN operation.

Convention
means the Convention on the Safety of United Nations and Associated Personnel, done at New York on 9 December 1994.

Note:

The text of the Convention is set out in Australian Treaty Series 1995 No. 1. In 2000 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department ' s website.

Foreign Affairs Minister
means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

Immigration Minister
means the Minister administering the Migration Act 1958 .

UN enforcement action
means a UN operation:


(a) that is authorised by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations; and


(b) in which any of the UN or associated personnel are engaged as combatants against organised armed forces; and


(c) to which the law of international armed conflict applies.

UN operation
means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control if:


(a) the operation is for the purpose of maintaining or restoring international peace and security; or


(b) the Security Council or the General Assembly has declared, for the purposes of the Convention, that there exists an exceptional risk to the safety of the personnel engaged in the operation.

UN or associated person
means a person who is a member of any UN personnel or associated personnel.

UN personnel
means:


(a) persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a UN operation; or


(b) any other officials or experts on mission of the United Nations, its specialised agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a UN operation is being conducted.

(2)  
In this Division, a person ' s conduct causes death or harm if it substantially contributes to the death or harm.




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