Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.4 - Harming Australians  

Division 115 - Harming Australians  

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History

Div 104 (heading) renumbered as Div 115 by No 144 of 2005, s 3 and Sch 2 item 1, effective 14 December 2005.

SECTION 115.7   Ministerial certificates relating to proceedings  

(1)    
A Minister who administers one or more of the following Acts:

(a) the Australian Citizenship Act 2007 ;

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(b) the Migration Act 1958 ;

(c) the Australian Passports Act 2005 ;

may issue a certificate stating that a person is or was an Australian citizen or a resident of Australia at a particular time.

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History

S 115.7(1) amended by No 21 of 2007, s 3 and Sch 1 item 25, by substituting para (a), effective 1 July 2007. Para (a) formerly read:

(a) the Australian Citizenship Act 1948 ;

S 115.1(1)(c) amended by No 7 of 2005, s 3 and Sch 1 item 6, by substituting " Australian Passports Act 2005 " for " Passports Act 1938 " , effective 1 July 2005.

Act No 21 of 2007, s 3 and Sch 3 item 19, contained the following transitional provision:

19 Transitional - Criminal Code Act 1995  
(2)
A certificate in force under subsection 115.7(1) of the Criminal Code (in relation to paragraph 115.7(1)(a) of the Criminal Code ) immediately before the commencement day has effect on and after that day as if it were a certificate issued under that subsection on that day.

(2)    
In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

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History

S 115.7 renumbered from s 104.7 by No 144 of 2005, s 3 and Sch 2 item 2, effective 14 December 2005.

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