Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23yuf
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23YUF
Character Range: 1270536–1272528

23YUF  Application of this Division
 (1) This Division applies in relation to the following incidents:
 (a) the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time);
 (b) any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies.
 (2) Before making a determination under paragraph (1)(b), the Minister must be satisfied that:
 (a) if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island—one or more Australian citizens or Australian residents have died in or as a result of the incident; and
 (b) it is appropriate in the circumstances for this Division to apply in relation to the incident.
 (2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:
 (a) the Minister suspects on reasonable grounds that the incident involves the commission of:
 (i) an offence against a law of the Commonwealth; or
 (ii) a State offence that has a federal aspect; or
 (iii) an offence against a law of a Territory; or
 (b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or
 (c) the Minister is satisfied that the incident is or has created a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.
 (2B) Without limiting paragraph (2A)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:
 (a) aliens;
 (b) persons receiving pensions, benefits or allowances from the Commonwealth;
 (c) members of the Australian Defence Force;
 (d) persons employed by, or holding an office in, the Commonwealth;
 (e) residents of a Territory.