Document ID: chunk:federal_register_of_legislation:C2004A01043:clause:1_1:p2
Version: federal_register_of_legislation:C2004A01043
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/2)
Character Range: 4694–6336

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

104.6  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.

104.7  Ministerial certificates relating to proceedings

 (1) A Minister who administers one or more of the following Acts:
 (a) the Australian Citizenship Act 1948;
 (b) the Migration Act 1958;
 (c) the Passports Act 1938;
may issue a certificate stating that a person is or was an Australian citizen or a resident of Australia at a particular time.

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

104.8  Geographical jurisdiction

  Each offence against this Division applies:
 (a) whether or not a result of the conduct constituting the alleged offence occurs in Australia; and
 (b) if the alleged offence is an ancillary offence and the conduct to which the ancillary offence relates occurs outside Australia—whether or not the conduct constituting the ancillary offence occurs in Australia.

104.9  Meaning of causes death or harm

  In this Division, a person's conduct causes death or harm if it substantially contributes to the death or harm.

[Minister's second reading speech made in—
House of Representatives on 12 November 2002
(235/02)

Senate on 13 November 2002]