Document ID: chunk:federal_register_of_legislation:C2017C00397:section:9:p1
Version: federal_register_of_legislation:C2017C00397
Segment Type: section
Provision Reference: s 9 (pt 1/2)
Character Range: 12659–15113

9  Restriction, with respect to certain offences, of trial by courts of offenders connected with visiting force
 (1) Subject to this section, a person charged with an offence against a law of Australia or of a State or Territory is not liable to be tried for that offence by a court if he or she was, at the time when the offence is alleged to have been committed, a member of a visiting force or of a civilian component of a visiting force and:
 (a) the alleged offence, if committed by him or her, arose out of and in the course of his or her duty as a member of that force or component, as the case may be, or is an offence solely against the security of the sending country;
 (b) the alleged offence is an offence against the person, and the person or, if the act or omission constituting the offence has relation to more than one person, each of the persons in relation to whom the offence is alleged to have been committed had at the time of the alleged commission of the offence a relevant association either with that force or with another visiting force of the same country; or
 (c) the alleged offence is an offence against property, and the whole of the property in relation to which it is alleged to have been committed (or, in a case where different parts of that property were differently owned, each part of the property) was, at the time of the alleged commission of the offence, the property either of the sending country or of an authority of that country or of a person or persons having such an association as is specified in the last preceding paragraph.
 (2) The last preceding subsection does not apply if:
 (a) at the time when the offence is alleged to have been committed, the alleged offender was a person not subject to the jurisdiction of the service tribunals of the sending country in accordance with the last preceding section; or
 (b) the alleged offender was at that time a member of a civilian component of a visiting force and the case cannot be dealt with under the service law of the sending country.
 (3) Subsection (1):
 (a) does not prevent a person from being tried by a court in a case where the Attorney‑General certifies in writing, either before or in the course of the trial, that the designated authority of the sending country has notified him or her that it is not proposed to deal with the case under the law of that country;
 (b) does not affect anything done or omitted in the course of a trial unless