Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:3_5
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 30750–32335

5  After subsection 23YUF(2)
Insert:

 (2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:
 (a) the Minister suspects on reasonable grounds that the incident involves the commission of:
 (i) an offence against a law of the Commonwealth; or
 (ii) a State offence that has a federal aspect; or
 (iii) an offence against a law of a Territory; or
 (b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or
 (c) the Minister is satisfied that the incident is or has created a national emergency.

 (2B) Without limiting paragraph (1)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:
 (a) aliens;
 (b) persons receiving pensions, benefits or allowances from the Commonwealth;
 (c) members of the Australian Defence Force;
 (d) persons employed by, or holding an office in, the Commonwealth;
 (e) residents of a Territory.

 (2C) A State offence is taken, for the purposes of subparagraph (2A)(a)(ii), to have a federal aspect if:
 (a) it has a federal aspect within the meaning of section 4A of the Australian Crime Commission Act 2002; or
 (b) it would have a federal aspect within the meaning of that section if the references in paragraph 4A(2)(d) of that Act to the Australian Crime Commission included references to the Australian Federal Police.