Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p7
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/8)
Character Range: 16269–19028

the conduct constituting the offence also constitutes an offence (the State offence) against the law of that State or Territory.

 (2) If:
 (a) a prosecution is brought against a person under this Division; and
 (b) a court finds that there is a corresponding State offence;
then this section does not prevent the person from being prosecuted for the State offence.

71.18  Double jeopardy

  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.

71.19  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.

71.20  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.

71.21  Ministerial certificates relating to proceedings

 (1) The Minister for Foreign Affairs may issue a certificate stating any of the following matters:
 (a) the Convention entered into force for Australia on a specified day;
 (b) 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 10 of the Convention;
 (d) a matter relevant to whether a person is or was a UN or associated person;
 (e) a matter relevant to whether an operation is or was a UN operation.

 (2) The Minister for Immigration and Multicultural Affairs 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.

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

71.22  Jurisdiction of State courts preserved

  For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Act, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

71.23  Definitions

 (1) In this Division:

associated personnel means:
 (a) persons assigned by a government, or an intergovernmental organisation, with the agreement of the competent organ of the United Nations; or
 (b) persons engaged by the Secretary‑General of the United Nations, a specialised agency or the International Atomic Energy Agency; or
 (c) persons deployed by