South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5G

5G—Territorial requirements for commission of offence against a law of this State

        (1)         An offence against a law of this State is committed if—

            (a)         all elements necessary to constitute the offence (disregarding territorial considerations) exist; and

            (b)         the necessary territorial nexus exists.

        (2)         The necessary territorial nexus exists if—

            (a)         a relevant act occurred wholly or partly in this State; or

            (b)         it is not possible to establish whether any of the relevant acts giving rise to the alleged offence occurred within or outside this State but the alleged offence caused harm or a threat of harm in this State; or

            (c)         although no relevant act occurred in this State—

                  (i)         the alleged offence caused harm or a threat of harm in this State and the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred; or

                  (ii)         the alleged offence caused harm or a threat of harm in this State and the harm, or the threat, is sufficiently serious to justify the imposition of a criminal penalty under the law of this State; or

                  (iii)         the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred and the alleged offender was in this State when the relevant acts, or at least one of them, occurred; or

            (d)         the alleged offence is a conspiracy to commit, an attempt to commit, or in some other way preparatory to the commission of another offence for which the necessary territorial nexus would exist under one or more of the above paragraphs if it (the other offence) were committed as contemplated.