Document ID: chunk:federal_register_of_legislation:C2005A00136:clause:1_15yu
Version: federal_register_of_legislation:C2005A00136
Segment Type: clause
Provision Reference: sch 1 cl 15YU
Character Range: 2096–4088

15YU  Proceedings to which this Part applies

Criminal proceedings

 (1) This Part applies to any proceedings for:
 (a) an offence against subsection 34G(5) of the Australian Security Intelligence Organisation Act 1979; or
 (b) an offence against section 49 of the Aviation Transport Security Act 2004; or
 (c) an offence against section 21 of the Charter of the United Nations Act 1945; or
 (d) an offence against Division 72 of the Criminal Code; or
 (e) an offence against Part 5.3 of the Criminal Code; or
 (f) an offence against Part 5.4 of the Criminal Code; or
 (g) an offence against section 24AA or 24AB of this Act; or
 (h) an offence against Division 1 of Part 2 of the Crimes (Aviation) Act 1991; or
 (i) an offence against section 8 of the Crimes (Biological Weapons) Act 1976; or
 (j) an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978; or
 (k) an offence against section 8 of the Crimes (Hostages) Act 1989; or
 (l) an offence against the Crimes (Internationally Protected Persons) Act 1976; or
 (m) an offence against section 6 of this Act that relates to an offence mentioned in any of the above paragraphs.

Note: For other ancillary offences, see section 11.6 of the Criminal Code.

Other proceedings

 (2) This Part also applies to:
 (a) any proceedings, including committal proceedings or proceedings of a similar kind, connected with proceedings covered by subsection (1); and
 (b) proceedings under the Proceeds of Crime Act 2002 in relation to an offence referred to in subsection (1).

Timing of proceedings

 (3) It is immaterial whether proceedings covered by subsection (1) or (2) were instituted before or after the commencement of this Part.

Extended meaning of prosecutor and defendant

 (4) This Part has effect, in relation to a proceeding under the Proceeds of Crime Act 2002, as if:
 (a) the Director of Public Prosecutions were the prosecutor; and
 (b) each other party to the proceeding were a defendant in the proceeding.