Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p146
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 146/268)
Character Range: 736230–738895

international relations of Australia
  This Division does not apply in relation to conduct engaged in by a person acting in the course of the person's duty to the Commonwealth in relation to the defence or international relations of Australia.
Note 1: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3).
Note 2: See also section 119.12 (declarations for the purposes of proceedings).

119.10  Mode of trial
 (1) A prosecution for any of the following offences is (subject to subsection (2)) to be on indictment:
 (a) an offence against this Division;
 (b) an offence against section 6 of the Crimes Act 1914, or an ancillary offence, that relates to an offence against this Division.
 (2) If the law of a State or Territory provides for a person who pleads guilty to a charge in proceedings for the person's commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence referred to in subsection (1) may be dealt with in accordance with that law.

119.11  Consent of Attorney‑General required for prosecutions
 (1) Proceedings for the commitment of a person for the following must not be instituted without the written consent of the Attorney‑General:
 (a) the trial on indictment for an offence against the following provisions:
 (i) this Division;
 (ii) section 6 of the Crimes Act 1914 to the extent that it relates to an offence against this Division;
 (b) the summary trial of a person for an offence referred to in paragraph (a).
 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:
 (a) a person may be charged with an offence referred to in paragraph (1)(a);
 (b) a person may be arrested for an offence referred to in paragraph (1)(a), and a warrant for such an arrest may be issued and executed;
 (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.

119.12  Declarations for the purposes of proceedings
 (1) The Foreign Affairs Minister may, in writing, declare that:
 (a) a specified authority is in effective governmental control in a specified foreign country or part of a foreign country; or
 (b) a specified organisation is not an armed force, or part of an armed force, of the government of a foreign country.
 (2) The Defence Minister may, in writing, declare that if a specified person had done a specified act (being an act alleged to constitute an offence) the