Declarations for the purposes of proceedings
119.12 Declarations for the purposes of proceedings
The Foreign Affairs Minister may, in writing, declare that:
a specified authority is in effective governmental control in a specified foreign country or part of a foreign country; or
a specified organisation is not an armed force, or part of an armed force, of the government of a foreign country.
The Defence Minister may, in writing, declare that if a specified person had done a specified act (being an act alleged to constitute an offence) the person would not have been acting in the course of the person’s duty to the Commonwealth in relation to the defence or international relations of Australia.
Without limiting subsection (1) or (2), a declaration under that subsection may be made in relation to a specified day or period.
In proceedings for an offence referred to in paragraph 119.11(1)(a), a certificate under this section is prima facie evidence of the matters stated in the certificate.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.