Document ID: chunk:federal_register_of_legislation:C2010A00037:clause:1_1:p2
Version: federal_register_of_legislation:C2010A00037
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/3)
Character Range: 3871–6576

6.2.
 (4) Subsections (1) and (2) do not apply to conduct arising only from, inherent in or incidental to lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986).
 (5) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (2).

274.3  Prosecutions
 (1) Proceedings for an offence against this Division, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney‑General.
 (2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Division:
 (a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed; and
 (b) a person may be charged with the offence; and
 (c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.
 (3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.

274.4  No defence of exceptional circumstances or superior orders
  It is not a defence in a proceeding for an offence under this Division that:
 (a) the conduct constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or
 (b) in engaging in the conduct constituting the offence the accused acted under orders of a superior officer or public authority;
but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.

274.5  Jurisdiction of State/Territory courts preserved
  For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Division, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

274.6  Concurrent operation intended
  This Division is not intended to exclude or limit the concurrent operation of any other law of the Commonwealth or any law of a State or Territory.

274.7  Double jeopardy
  If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence under this Division in respect of