Document ID: chunk:federal_register_of_legislation:C2004A00976:clause:1_1:p2
Version: federal_register_of_legislation:C2004A00976
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/3)
Character Range: 5725–8463

or an Australian aircraft;
 (b) at the time of the alleged offence, the person is an Australian citizen;
 (c) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia;
 (d) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of Article 6 of the Convention and the person is in Australia;
 (e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;
 (f) the alleged offence is committed against:
 (i) an Australian citizen; or
 (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;
 (g) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

 (2) The circumstances relating to the alleged offence are exclusively internal if:
 (a) the conduct constituting the alleged offence occurs wholly within Australia; and
 (b) the alleged offender is an Australian citizen; and
 (c) all of the persons against whom the offence is committed are Australian citizens or bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
 (d) the alleged offender is in Australia; and
 (e) no other State Party to the Convention has a basis under paragraph 1 or 2 of Article 6 of the Convention for exercising jurisdiction in relation to the conduct.

72.5  Saving of other laws

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

72.6  Double jeopardy and foreign offences

  If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Division in respect of that conduct.

72.7  Bringing proceedings under this Division

 (1) Proceedings for an offence under this Division must not be commenced without the Attorney‑General's written consent.

 (2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

 (3) In determining whether to bring proceedings for an offence under this Division, the Attorney‑General 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