Anti-terrorism Act (No. 3) 2004 (125 of 2004)

Schedule 3   Forensic procedures

Crimes Act 1914

5   After subsection 23YUF(2)

Insert:

(2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:

(a) the Minister suspects on reasonable grounds that the incident involves the commission of:

(i) an offence against a law of the Commonwealth; or

(ii) a State offence that has a federal aspect; or

(iii) an offence against a law of a Territory; or

(b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or

(c) the Minister is satisfied that the incident is or has created a national emergency.

(2B) Without limiting paragraph (1)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:

(a) aliens;

(b) persons receiving pensions, benefits or allowances from the Commonwealth;

(c) members of the Australian Defence Force;

(d) persons employed by, or holding an office in, the Commonwealth;

(e) residents of a Territory. (2C) A State offence is taken, for the purposes of subparagraph (2A)(a)(ii), to have a federal aspect if:

(a) it has a federal aspect within the meaning of section 4A of theAustralian Crime Commission Act 2002; or

(b) it would have a federal aspect within the meaning of that section if the references in paragraph 4A(2)(d) of that Act to the Australian Crime Commission included references to the Australian Federal Police.