(1) The expression the commission of an offence in section 321(1) extends to the commission of an offence against a law in force only in a place outside Victoria if, but only if—
(a) the necessary elements of that offence include elements which, if present or occurring in Victoria, would constitute an offence against a law in Victoria; and
(b) one or more of the persons referred to in section 321(1) is or are in Victoria when the agreement referred to in that subsection is made.
(2) Where all parties to an agreement are outside Victoria when it is made, section 321 shall apply in relation to it if, but only if, that agreement is to pursue a course of conduct which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of an offence against a law in force in Victoria.
(See R. v. Darby (1982) 40 ALR 594).
S. 321B inserted by No. 10079 s. 7(2).