Document ID: chunk:federal_register_of_legislation:C2016C00517:section:9
Version: federal_register_of_legislation:C2016C00517
Segment Type: section
Provision Reference: s 9
Character Range: 7436–8425

9  Person not to be charged in certain circumstances
 (1) A person shall not be charged in relation to an act alleged to constitute an offence against this Act if, under article 12 of the Convention, the Convention would not apply in relation to that act.
 (2) Subject to subsection (3), a person shall not be charged with an offence against this Act if:
 (a) the act alleged to constitute the offence was committed in a particular State;
  (b) the person was, at the time the act was committed, a citizen of that State;
 (c) the person is in that State; and
 (d) the person seized or detained as a hostage was, at the time of that seizure or detention, a citizen of that State.
 (3) Subsection (2) does not apply where the person referred to in paragraph (2)(c) is in the State where the act alleged to constitute the offence was committed by reason of being extradited to that State in relation to that act.
 (4) In this section, State means:
 (a) Australia; or
 (b) a foreign country.