Document ID: chunk:federal_register_of_legislation:C2004A00993:clause:1_2:p48
Version: federal_register_of_legislation:C2004A00993
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 48/48)
Character Range: 122880–125077

against, reviewed, quashed or called in question; and
 (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari.

 (2) The reference in subsection (1) to a decision includes a reference to the following:
 (a) a decision to vary, suspend, cancel or revoke a consent that has been given;
 (b) a decision to impose a condition or restriction in connection with the giving of, or a refusal to give, a consent or to remove a condition or restriction so imposed;
 (c) a decision to do anything preparatory to the making of a decision to give, or to refuse to give, a consent or preparatory to the making of a decision referred to in paragraph (a) or (b), including a decision for the taking of evidence or the holding of an inquiry or investigation;
 (d) a decision doing or refusing to do anything else in connection with a decision to give, or to refuse to give, a consent or a decision referred to in paragraph (a), (b) or (c);
 (e) a failure or refusal to make a decision whether or not to give a consent or a decision referred to in a paragraph (a), (b), (c) or (d).

 (3) Any jurisdiction of the High Court referred to in subsection (1) is exclusive of the jurisdiction of any other court.

268.123  Legal representation

  The provisions of section 12 (other than subsection 12(2)) of the Geneva Conventions Act 1957 apply in relation to the trial of a person for an offence against this Division in the same way as they apply in relation to the trial of a protected prisoner of war.

268.124  Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions

  If, in proceedings under this Division in respect of a grave breach of any of the Geneva Conventions or of Protocol I to the Geneva Conventions, a question arises under:
 (a) Article 2 of the Geneva Convention concerned (which relates to the circumstances in which the Convention applies); or
 (b) Article 1 of that Protocol (which relates to the circumstances in which the Protocol applies);
a certificate signed by the Minister responsible for legislation relating to foreign affairs certifying to any matter relevant to that question is prima facie evidence of the matter so certified.