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.