Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.5 - Foreign incursions and recruitment
Hide history note
View history notePt 5.5 inserted by No 116 of 2014, s 3 and Sch 1 item 110, effective 1 December 2014.
Div 119 inserted by No 116 of 2014, s 3 and Sch 1 item 110, effective 1 December 2014.
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.
S 119.12 inserted by No 116 of 2014, s 3 and Sch 1 item 110, effective 1 December 2014.
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