Document ID: chunk:federal_register_of_legislation:C2016C00524:section:16:p1
Version: federal_register_of_legislation:C2016C00524
Segment Type: section
Provision Reference: s 16 (pt 1/9)
Character Range: 21336–24179

16  Section 38 of Judiciary Act
  A matter arising under this Act, including a question of interpretation of the Convention for the purposes of this Act, shall, for the purposes of section 38 of the Judiciary Act 1903‑1973, be deemed not to be a matter arising directly under a treaty.

Schedule—Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents
Section 3
  The States Parties to this Convention,
Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co‑operation among States,
Considering that crimes against diplomatic agents and other internationally protected persons jeopardising the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co‑operation among States,
Believing that the commission of such crimes is a matter of grave concern to the international community,
Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes,
Have agreed as follows:

Article 1
For the purposes of this Convention:
1. "internationally protected person" means:
     (a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;
     (b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;
2. "alleged offender" means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2.

Article 2
1. The intentional commission of:
     (a) a murder, kidnapping or other attack upon the person or liberty of an internationally protected person;
     (b) a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty;
     (c) a threat to commit any such attack;
     (d) an attempt to commit any such attack; and
     (e) an act constituting participation as an accomplice in any such attack
            shall be made by each State