Document ID: chunk:federal_register_of_legislation:C2004A01189:clause:1_3a:p1
Version: federal_register_of_legislation:C2004A01189
Segment Type: clause
Provision Reference: sch 1 cl 3A (pt 1/4)
Character Range: 5057–7614

3A  When this Act applies to a person in relation to an act of the person in a foreign country

Australians given diplomatic, consular or similar immunity

 (1) Subject to subsection (2), this Act applies to a person in relation to an act of the person in a foreign country if:
 (a) the person is an Australian at the time the act occurs (the relevant time); and
 (b) the person is, at the relevant time, not subject to criminal proceedings in the courts of the foreign country in respect of the act because of:
 (i) an immunity granted by the foreign country in accordance with the Vienna Convention on Diplomatic Relations (a copy of the English text of which is set out in the Schedule to the Diplomatic Privileges and Immunities Act 1967); or
 (ii) an immunity granted by the foreign country in accordance with the Vienna Convention on Consular Relations (a copy of the English text of which is set out in the Schedule to the Consular Privileges and Immunities Act 1972); or
 (iii) an immunity granted by the foreign country because of the person's relationship with an international organisation.

 (2) This Act does not apply to the person in relation to the act at a particular time after the act occurs if:
 (a) the person:
 (i) is, at that time, subject to criminal proceedings in the courts of the foreign country in respect of the act; or
 (ii) will, at some future time, become subject to criminal proceedings in the courts of the foreign country in respect of the act because of the limited duration of the immunity granted to the person; and
 (b) the person would continue to be subject to criminal proceedings in the courts of the foreign country in respect of the act even if the person were to be prosecuted under the laws of the Commonwealth in relation to that act and acquitted or convicted.
In determining whether the person would continue to be subject to criminal proceedings in the courts of the foreign country in respect of the act, have regard not only to the laws in force in the foreign country but also to any agreement entered into, or undertaking given, by the foreign country.

Australians undertaking tasks etc. under relevant agreement or arrangement

 (3) This Act also applies to a person in relation to an act of the person in a foreign country if:
 (a) the person is an Australian at the time the act occurs (the relevant time); and
 (b) the person is, at the relevant time, undertaking a task or project, or performing a function, in the foreign country under a relevant agreement or arrangement; and
 (c) under, or