Document ID: chunk:federal_register_of_legislation:C2014C00679:section:3a:p3
Version: federal_register_of_legislation:C2014C00679
Segment Type: section
Provision Reference: s 3A (pt 3/4)
Character Range: 9726–12236

undertaking a task or project, or performing a function, in that part of the foreign country:
 (i) on behalf of the Commonwealth; or
 (ii) pursuant to commitments or directions given by, or on terms determined by, the Commonwealth; and
 (c) that part of the foreign country is, at the relevant time, a declared part of a foreign country; and
 (d) if, at the relevant time, the regulations provide that that part of the foreign country is a declared part of a foreign country only in relation to people who fall within a specified category—the person falls within that category at the relevant time.

Acts done while undertaking tasks etc.
 (7) Subsections (8) and (9) apply if a person undertakes a task or project, or performs a function, in a foreign country (or a part of a foreign country) from time to time during a particular period (the relevant period).
 (8) The person is taken, for the purposes of subsections (3) to (6), to be undertaking the task or project, or performing the function, at all times during the relevant period.
Note: This means that this Act may apply to the person in relation to an act that occurs during the relevant period even if the act does not occur in the course of undertaking the task or project or performing the function.
Example: If an Australian is sent to the foreign country to undertake a particular project during a period, this Act applies not only to acts done while the Australian is actively engaged in carrying out the project but also to acts done during that period while the Australian is "off duty".
 (9) If the person is sent to the foreign country (or that part of the foreign country) to undertake the task or project, or to perform the function, the person is taken, for the purposes of subsections (3) to (6), to be undertaking the task or project, or performing the function, at all times:
 (a) during the period that:
 (i) starts when the person arrives in the foreign country (or that part of the foreign country); and
 (ii) ends when the relevant period starts; and
 (b) during the period that:
 (i) starts when the relevant period ends; and
 (ii) ends when the person leaves the foreign country (or that part of the foreign country).

Defence Force members and ASIS, AGO and ASD staff not covered
 (10) Despite subsections (1) to (6), this Act does not apply to a person in respect of an act of the person if:
 (a) the person is a member of the Defence Force at the time the act occurs; or
 (b) the person is a staff member of ASIS, AGO or ASD