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CRIMES (OVERSEAS) (DECLARED FOREIGN COUNTRIES) AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 140
Statutory Rules 2004 No. 140
Minute No. of 2004 - Minister for Justice and Customs
Subject - Crimes (Overseas) Act 1964
Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2004 (No. 2)
Section 9 of the Crimes (Overseas) Act 1964 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act extends the criminal law of the Jervis Bay Territory extraterritorially over various groups of Australians working in foreign countries. One of these groups is Australians working in a foreign country where that foreign country has been declared by regulation to be a declared foreign country for the purposes of the Act.
Paragraph 3C(1)(b) of the Act states that the regulations may provide that a foreign country is a declared foreign country for the purposes of the Act in relation to a specified category of persons. Subsection 3C(3) provides that the regulations must specify the day on which the foreign country is to start being a declared foreign country, and the day on which the foreign country is to cease being a declared foreign country for the purposes of the Act.
The Crimes (Overseas) (Declared Foreign Countries) Regulations 2003 prescribe countries for the purposes of section 3C of the Act. Currently, Iraq, the Solomon Islands and Papua New Guinea are declared foreign countries under the Act.
The Australian Federal Police deployed two officers to Jordan on 31 May 2004 to provide police training to Iraqi personnel. While these officers have certain immunities under Jordanian law until 30 June 2004, it is not yet evident whether they will continue to have these immunities after 30 June 2004. To ensure Australia is able to exercise jurisdiction over its officers, it is necessary to declare Jordan to be a declared foreign country for the purposes of the Act.
The purpose of the Regulations is to declare Jordan to be a declared foreign country for the purposes of the Act from 30 June 2004 and ceasing at the end of 30 June 2006.
The Regulations apply the Act to a person in relation to an act or omission if the person is an Australian undertaking a task or project or performing a function on behalf of the Commonwealth, or pursuant to commitments or directions given by or on terms determined by the Commonwealth in Jordan where that person falls into a specific category of persons. The specified category is the category of persons each of whom is an Australian Federal Police employee who is deployed to Jordan to assist in providing police training to Iraqi personnel.
The Regulations specify that the declaration of Jordan takes effect on 30 June 2004. The declaration ceases on 30 June 2006, which is the likely end date of the planned training deployment to Jordan.
Subsection 3C(4) of the Act provides that before regulations are made for the purposes of subsection 3C(1), the Minister, after consulting the Minister for Foreign Affairs, must be satisfied that it is appropriate to do so having regard to whether this Act would apply to Australians in the foreign country even if the regulations were not made, the nature of the activities engaged in by Australians in the foreign country, the number of Australians likely to be engaging in those activities, the circumstances in which Australians engaging in activities in the foreign country are subject to or immune from the foreign country's criminal laws, and any other relevant matter.
The Minister was satisfied that it was appropriate to make the Regulations having regard to these factors. The Minister consulted the Minister for Foreign Affairs, who supported the making of the Regulations.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 to the Regulations amends the Crimes (Overseas) (Declared Foreign Countries) Regulations 2003.
Schedule 1 declares Jordan to be a declared foreign country for the purposes of the Act, in relation to a specified category of persons from 30 June 2004 - 30 June 2006.
Authority: Section 9 of the Crimes (Overseas) Act 1964