Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p158
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 158/268)
Character Range: 767290–770132

as that Part applies to the provisions of Division 122 of this Act:
 (a) the Minister is an authorised person; and
 (b) each of the following is a relevant court:
 (i) the Federal Court of Australia;
 (ii) the Federal Circuit and Family Court of Australia (Division 2);
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension to external Territories
 (3) Part 7 of the Regulatory Powers Act, as that Part applies to the provisions of Division 122 of this Act, extends to every external Territory.

123.2  Forfeiture of articles etc.
 (1) A sketch, article, record or document which is made, obtained, recorded, retained, possessed or otherwise dealt with in contravention of this Part is forfeited to the Commonwealth.
 (2) In subsection (1), sketch, article and record have the same respective meanings as in Part 5.2.

123.3  Extended geographical jurisdiction—category D
  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Part.

123.4  Effect of this Part on other rights, privileges, immunities or defences
  Nothing in this Part limits or affects any other right, privilege, immunity or defence existing apart from this Part.

123.5  Requirements before proceedings can be initiated
 (1) Proceedings for the commitment of a person for trial for an offence against this Part must not be instituted without:
 (a) the written consent of the Attorney‑General; and
 (b) for proceedings that relate to security classified information—a certification by the Attorney‑General that, at the time of the conduct that is alleged to constitute the offence, it was appropriate that the information had a security classification.
 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent or certification having been obtained:
 (a) a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;
 (b) a person may be charged with the offence;
 (c) a person so charged may be remanded in custody or on bail.
 (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.
 (4) In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised in a way mentioned in section 122.5.

Chapter 7—The proper administration of Government

Part 7.1—Preliminary

Division 130—Preliminary

130.1  Definitions
  In this Chapter:
duty:
 (a) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that:
 (i) is conferred on the person as a Commonwealth public official; or
 (ii) the person holds himself or herself out as having as a Commonwealth public official; and
 (b) in relation to a person who is a