Commonwealth Consolidated Acts Commonwealth Consolidated ActsCriminal proceedings
(1) This Part applies to any proceedings for:
(a) an offence against subsection 34GD(8) of the Australian Security Intelligence Organisation Act 1979 , if the questioning warrant to which the offence relates is a PMV - related questioning warrant; or
(b) an offence against section 49 of the Aviation Transport Security Act 2004 ; or
(c) an offence against section 21 of the Charter of the United Nations Act 1945 ; or
(d) an offence against Subdivision A of Division 72 of the Criminal Code ; or
(da) an offence against Subdivision B of Division 80 of the Criminal Code (treason); or
(db) an offence against Division 82 of the Criminal Code (sabotage); or
(e) an offence against Part 5.3 of the Criminal Code ; or
(f) an offence against Part 5.4 of the Criminal Code ; or
(fa) an offence against Part 5.5 of the Criminal Code ; or
(h) an offence against Division 1 of Part 2 of the Crimes (Aviation) Act 1991 ; or
(i) an offence against section 8 of the Crimes (Biological Weapons) Act 1976 ; or
(k) an offence against section 8 of the Crimes (Hostages) Act 1989 ; or
(l) an offence against the Crimes (Internationally Protected Persons) Act 1976 ; or
(m) an offence against section 6 of this Act that relates to an offence mentioned in any of the above paragraphs.
Note 1: For the definitions of PMV - related questioning warrant and questioning warrant , see subsection (5).
Note 2: For other ancillary offences, see section 11.6 of the Criminal Code .
Other proceedings
(2) This Part also applies to:
(a) any proceedings, including committal proceedings or proceedings of a similar kind, connected with proceedings covered by subsection (1); and
(b) proceedings under the Proceeds of Crime Act 2002 in relation to an offence referred to in subsection (1).
Timing of proceedings
(3) It is immaterial whether proceedings covered by subsection (1) or (2) were instituted before or after the commencement of this Part.
Extended meaning of prosecutor and defendant
(4) This Part has effect, in relation to a proceeding under the Proceeds of Crime Act 2002 , as if:
(a) the responsible authority for the proceeding under that Act were the prosecutor; and
(b) each other party to the proceeding were a defendant in the proceeding.
Note: Under that Act, the responsible authority is the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definitions of responsible authority and proceeds of crime authority in section 338 of that Act). Responsibility can be transferred between these authorities (see section 315B of that Act).
(5) In this section:
"PMV-related questioning warrant" means a questioning warrant that is issued in relation to politically motivated violence (within the meaning of the Australian Security Intelligence Organisation Act 1979 ).
"questioning warrant" has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 .