Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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 .