Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p10
Version: federal_register_of_legislation:C2004A04103
Segment Type: other
Provision Reference: 
Character Range: 23677–26146

The circumstances mentioned in subsection (1a) are:

         (a) where the Convention, read together with the Protocol, requires Australia to make the conduct concerned punishable; or

         (b) if the conduct concerned is that described in subparagraph (1a) (a) (iii)—where the aircraft concerned is in Australia, or is an Australian Government aircraft, or where the conduct is that of an Australian citizen, whether in Australia or not.";

  (c) by adding at the end of subsection (3) the following word and paragraphs:

            "; or (c) in the case of conduct specified in subparagraph (1a) (a) (i) or conduct specified in paragraph (1a) (b) or (c) that relates to conduct specified in that subparagraph—imprisonment for a term not exceeding 15 years; or

            (d) in the case of conduct specified in subparagraph (1a) (a) (ii), (iii) or (iv) or conduct specified in paragraph (1a) (b) or (c) that relates to conduct specified in any of those subparagraphs— imprisonment for a term not exceeding 10 years";

  (d) by adding at the end the following subsection:

     "(5) A person is not liable to be tried for an offence against this Act by virtue of paragraph (2a) (a) unless the offence is one over which Australia is required to establish its jurisdiction by Article 5 of the Convention, read together with the Protocol.".

Evidence of certain matters

  36.  Section 22 of the Principal Act is amended:

     (a) by omitting subsection (1) and substituting the following subsection:

      "(1) All courts must take judicial notice that:

         (a) the Convention entered into force under paragraph 3 of Article 15 of the Convention on 28 January 1973; and

         (b) the Protocol entered into force under paragraph 1 of Article VI of the Protocol on 6 August 1989.";

     (b) by inserting in paragraph (2) (a) "or the Protocol, as the case may be," after "Convention";

     (c) by inserting in paragraph (2) (b) "or the Protocol, as the case may be," after "Convention";

     (d) by inserting in subsection (4) "in relation to the Convention or the Protocol" after "paragraph (2) (a)";

     (e) by adding at the end of subsection (4) "or the Protocol, as the case may be".

Regulations

37. Section 23 of the Principal Act is amended by omitting "or the Convention" and substituting ", the Convention or the Protocol".

Schedule

38. The Schedule to the Principal Act is amended by omitting "SCHEDULE" and substituting "SCHEDULE 1".