Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_3:p3
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/3)
Character Range: 42312–44070

of the foreign country, relating to the use or non‑use of Australian‑sourced information obtained by virtue of the agreement, in connection with any proceeding by way of a prosecution for a death penalty offence in the foreign country. For the purposes of this subclause, information is obtained by virtue of the agreement if it is obtained in accordance with such an order.
Note 1: For Australian‑sourced information, see subclause (8).
Note 2: For death penalty offence, see subclause (7A).
 (6) If:
 (a) apart from this subclause, there is a designated international agreement between Australia and one or more foreign countries; and
 (b) one or more of those foreign countries are not recognised parties to the agreement;
this Schedule (other than subclauses (3) and (4)) has effect as if those foreign countries were not parties to the agreement.
Note: For recognised parties, see subclause (4).

Announcement by Minister
 (7) The Minister must announce, by notifiable instrument, the day an agreement mentioned in subclause (1) or (3) enters into force for Australia.

Death penalty offence
 (7A) For the purposes of this clause, death penalty offence means an offence against a law of a foreign country that is punishable by death.

Australian‑sourced information
 (8) For the purposes of the application of subclause (2) or (5) to an order, information obtained in accordance with the order is Australian‑sourced information if the order:
 (a) requires an act or thing to be done in Australia; or
 (b) is directed to an individual who is physically present in Australia; or
 (c) is directed to a body corporate that is incorporated in Australia; or
 (d) is directed to a body established by or under a law of the Commonwealth, a State or a Territory.