Document ID: chunk:federal_register_of_legislation:C2025C00060:section:11:p11
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 11 (pt 11/22)
Character Range: 142335–145044

enters Australia; or
 (c) the alleged offence is committed against an Australian citizen; or
 (d) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

71.17  Exclusion of this Division if State/Territory laws provide for corresponding offences
 (1) A State or Territory court does not have jurisdiction to determine a charge of an offence under this Division if the conduct constituting the offence also constitutes an offence (the State offence) against the law of that State or Territory.
 (2) If:
 (a) a prosecution is brought against a person under this Division; and
 (b) a court finds that there is a corresponding State offence;
then this section does not prevent the person from being prosecuted for the State offence.

71.18  Double jeopardy
  If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Division in respect of that conduct.

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

71.20  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.

71.21  Ministerial certificates relating to proceedings
 (1) The Foreign Affairs Minister may issue a certificate stating any of the following matters:
 (a) the Convention entered into force for Australia on a specified day;
 (b) the Convention remains in force for Australia or any other State Party on a specified day;
 (c) a matter relevant to the establishment of jurisdiction by a State Party under paragraph 1 or 2 of article 10 of the Convention;
 (d) a matter relevant to whether a person is or was a UN or associated person;
 (e) a matter relevant to whether an operation is or was a UN operation.
 (2) The Immigration Minister may issue a certificate stating that:
 (a) a person is or was an Australian citizen at a particular time; or
 (b) a person is or was a stateless person whose habitual residence is or was in Australia.
 (3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

71.22  Jurisdiction of State courts preserved
  For the purposes of section 38 of the Judiciary Act 1903, a matter