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PARLIAMENT OF AUSTRALIA HOUSE OF REPRESENTATIVES Part 2 Foreign death penalty offences: preventing information disclosure by public officials Section 8 1 (b) an act of violence: 2 (i) causing a person’s death; or 3 (ii) endangering a person’s life. 4 Note: A defendant bears an evidential burden in relation to a matter in 5 subsection (2) (see subsection 13.3(3) of the Criminal Code). 6 (3) In subsection (2), a reference to a terrorist act or an act of violence 7 includes: 8 (a) a reference to a terrorist act or act of violence (as the case 9 requires) that does not occur; and 10 (b) a reference to a specific terrorist act or act of violence (as the 11 case requires); and 12 (c) a reference to more than one terrorist act or act of violence 13 (as the case requires). 14 (4) The Attorney-General must cause a copy of a certificate made 15 under subsection (2) to be published on the Department’s website. 16 (5) A certificate made under subsection (2) is not a legislative 17 instrument. 18 8 Extended geographical jurisdiction 19 Section 15.4 (extended geographical jurisdiction—category D) of 20 the Criminal Code applies to an offence against section 7. 21 9 Mandatory minimum sentences 22 (1) A court must not make an order under section 19B of the Crimes 23 Act 1914 (discharge of offenders without conviction) in respect of 24 a charge for an offence against section 7. 25 (2) If a person is convicted of an offence against section 7, the court 26 must impose a sentence of imprisonment of at least 1 year. 27 10 Relationship with other laws 28 (1) This Part has effect despite any other law of the Commonwealth, or 29 of a State or Territory (whether written or unwritten). 30 (2) However, subsection (1) does not apply to a provision of an Act if 31 the provision: 32 (a) commences after this section commences; and 4 Foreign Death Penalty Offences (Preventing Information Disclosure) Bill 2015 No. , 2015 178 The Last Sentry at the Gate: Clive Palmer & the 44th Parliament of Australia


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