Section 23YUF — Crimes Act 1914: Application of this Division

(1) This Division applies in relation to the following incidents: (a) the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time); (b) any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies. (2) Before making a determination under paragraph (1)(b), the Minister must be satisfied that: (a) 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 (b) it is appropriate in the circumstances for this Division to apply in relation to the incident. (2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless: (a) the Minister suspects on reasonable grounds that the incident involves the commission of: (i) an offence against a law of the Commonwealth; or (ii) a State offence that has a federal aspect; or (iii) an offence against a law of a Territory; or (b) 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 (c) 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. (2B) 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: (a) aliens; (b) persons receiving pensions, benefits or allowances from the Commonwealth; (c) members of the Australian Defence Force; (d) persons employed by, or holding an office in, the Commonwealth; (e) residents of a Territory.