Document ID: chunk:federal_register_of_legislation:C2004A00976:clause:1_1:p3
Version: federal_register_of_legislation:C2004A00976
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/3)
Character Range: 8207–10347

must have regard to the terms of the Convention, including paragraph 2 of Article 19.

 (4) In determining whether to bring proceedings for an offence under this Division, the Attorney‑General must also have regard to:
 (a) whether the conduct constituting the offence also gives rise to an offence under a law of a State or Territory; and
 (b) whether a prosecution relating to the conduct under the State or Territory law has been or will be commenced.

72.8  Ministerial certificates relating to proceedings

 (1) The Minister administering the Charter of the United Nations Act 1945 may issue a certificate stating any of the following matters:
 (a) that the Convention entered into force for Australia on a specified day;
 (b) that the Convention remains in force for Australia or any other State Party on a specified day;
 (c) a matter relevant to the establishment of jurisdiction by a State Party under paragraph 1 or 2 of Article 6 of the Convention.

 (2) The Minister administering the Australian Citizenship Act 1948 may issue a certificate stating that:
 (a) a person is or was an Australian citizen at a particular time; or
 (b) a person is or was a stateless person whose habitual residence is or was in Australia at a particular time.

 (3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

72.9  Jurisdiction of State 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.

72.10  Definitions

  In this Division:

Convention means the Convention referred to in section 72.1.

explosive or other lethal device has the same meaning as in the Convention.

government facility has the same meaning as State or government facility has in the Convention.

infrastructure facility has the same meaning as in the Convention.

place of public use has the same meaning as in the Convention.

public transportation system has the same meaning as in the Convention.

Extradition Act 1988