Crimes Act 1914

This Division applies in relation to the following incidents:

the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time);

any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies.

Before making a determination under paragraph (1)(b), the Minister must be satisfied that:

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

it is appropriate in the circumstances for this Division to apply in relation to the incident.

The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:

the Minister suspects on reasonable grounds that the incident involves the commission of:

an offence against a law of the Commonwealth; or

a State offence that has a federal aspect; or

an offence against a law of a Territory; or

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

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.

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:

aliens;

persons receiving pensions, benefits or allowances from the Commonwealth;

members of the Australian Defence Force;

persons employed by, or holding an office in, the Commonwealth;

residents of a Territory.