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CORPORATIONS ACT 2001 - SECT 908DD

Geographical scope of offences and civil penalty provisions

Offences

  (1)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to each offence against this Division.

Contraventions of civil penalty provisions

  (2)   A declaration of contravention by a person must not be made under section   1317E relating to an alleged contravention by the person of a civil penalty provision in this Division unless:

  (a)   the person's conduct that allegedly contravenes the provision occurs:

  (i)   wholly or partly in Australia; or

  (ii)   wholly or partly on board an Australian aircraft or an Australian ship; or

  (b)   the person's conduct that allegedly contravenes the provision occurs wholly outside Australia and a result of the conduct occurs:

  (i)   wholly or partly in Australia; or

  (ii)   wholly or partly on board an Australian aircraft or an Australian ship; or

  (c)   the person's conduct that allegedly contravenes the provision occurs wholly outside Australia and, at the time of the alleged contravention, the person is:

  (i)   an Australian citizen; or

  (ii)   a resident of Australia (within the meaning of the Criminal Code ); or

  (iii)   a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Defences relating to contraventions of civil penalty provisions

  (3)   In proceedings under section   1317E for a declaration of contravention by a person relating to an alleged contravention by the person of a civil penalty provision in this Division, it is a defence if:

  (a)   the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and

  (b)   the person is neither:

  (i)   an Australian citizen; nor

  (ii)   a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

  (c)   there is not in force in:

  (i)   the foreign country where the conduct constituting the alleged contravention occurs; or

  (ii)   the part of the foreign country where the conduct constituting the alleged contravention occurs;

    a law of that foreign country, or a law of that part of that foreign country, that provides for a pecuniary or criminal penalty for such conduct.

  (4)   A defendant bears an evidential burden in relation to the matter in subsection   (3).

Attorney - General's consent needed for certain proceedings

  (5)   The Attorney - General's prior written consent must be obtained to commence proceedings under section   1317E for a declaration of contravention by a person relating to an alleged contravention by the person of a civil penalty provision in this Division if:

  (a)   the conduct constituting the alleged contravention occurs wholly in a foreign country; and

  (b)   at the time of the alleged contravention, the person is neither:

  (i)   an Australian citizen; nor

  (ii)   a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

When conduct taken to occur partly in Australia

  (6)   For the purposes of (but without limiting) this section, if a person sends a thing, or causes a thing to be sent:

  (a)   from a point outside Australia to a point in Australia; or

  (b)   from a point in Australia to a point outside Australia;

that conduct is taken to have occurred partly in Australia.

  (7)   For the purposes of (but without limiting) this section, if a person sends, or causes to be sent, an electronic communication:

  (a)   from a point outside Australia to a point in Australia; or

  (b)   from a point in Australia to a point outside Australia;

that conduct is taken to have occurred partly in Australia.

Definitions

  (8)   In this section:

"Australian aircraft" has the same meaning as in the Criminal Code .

"Australian ship" has the same meaning as in the Criminal Code .

"conduct" has the same meaning as in the Criminal Code .

"electronic communication" has the same meaning as in the Criminal Code .

"evidential burden" has the same meaning as in the Criminal Code .

"foreign country" has the same meaning as in the Criminal Code .

"point" has the same meaning as in section   16.2 of the Criminal Code .


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