Document ID: chunk:federal_register_of_legislation:F2004C00068:body:0:p2
Version: federal_register_of_legislation:F2004C00068
Segment Type: other
Provision Reference: 
Character Range: 2716–5372

the definition of prescribed overseas country in subsection 4 (1) of the Act.

5 Commission of the European Communities

  The Commission of the European Communities, being an organ of the European Communities, is specified in relation to the European Communities for the purposes of paragraph 5A (2) (b) of the Act.

5A Minister may issue certificates in certain circumstances

 (1) Where the presence of a prescribed object on prescribed land or premises impairs, or (if it were to take place or continue) would impair the dignity of a mission or the residence of the head, or another diplomatic agent, of a mission, and the removal of the object would be an appropriate step to prevent the impairment, or the continuation of the impairment, the Minister may certify to that effect.

 (2) A certificate must be in the form set out in the Schedule.

 (3) A certificate takes effect when the certificate is signed, unless a later time or day is specified in the certificate.

 (4) A certificate has effect for a period of 30 days from the day when the certificate was signed.

 (5) Subregulation (4) does not prevent the signing of further certificates in respect of matters stated in a certificate.

 (6) The Minister is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day when the certificate is signed.

5B Removal of prescribed objects from prescribed land or premises

 (1) In this regulation:
prescribed officer means:
 (a) a member, special member, protective service officer or special protective service officer of the Australian Federal Police; or
 (b) a member of the police force of a State or Territory.

 (2) A prescribed officer, with such assistance as the officer reasonably believes is necessary and with such force as is necessary and reasonable, may remove a prescribed object described in a certificate from prescribed land or premises described in the certificate.

 (3) A prescribed officer must not remove a prescribed object from the prescribed land or premises before giving a reasonable opportunity to a person:
 (a) who is apparently in control of the object; or
 (b) who placed the object on the land or premises; or
 (c) who is apparently a representative of a person referred to in paragraph (a) or (b);
to remove the object from the land or premises.

 (4) Where a prescribed officer removes a prescribed object from the prescribed land or premises, the officer may:
 (a) give the object to a person who was apparently in control of the object, or is a person referred to in paragraph (3) (b) or (c); or
 (b) leave the object on other land or