Document ID: chunk:federal_register_of_legislation:C2018C00182:section:23
Version: federal_register_of_legislation:C2018C00182
Segment Type: section
Provision Reference: s 23
Character Range: 26893–28452

23  Liability to prosecution
 (1) A person is not liable to be charged with an offence against a provision of this Act unless:
 (a) the offence is committed in Australia or on an Australian ship or Australian aircraft; or
 (b) the offence, not being an offence referred to in paragraph (a), relates to Australian money.
 (2) For the purpose of subsection (1):
Australian aircraft means:
 (a) an aircraft registered or required to be registered under regulations made under the Civil Aviation Act 1988;
 (b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
 (c) an aircraft of any part of the Defence Force, including an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.
Australian ship means:
 (a) a ship registered in Australia or an external Territory under an Act or Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia and the external Territories, not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only;
 (b) any other ship (not being a ship registered in a foreign country) the operations of which are based in a place or places in Australia or an external Territory or which is wholly owned by a person who, or persons each of whom, is a natural person resident in, or a company incorporated in, Australia or an external Territory; or
 (c) a ship that belongs to an arm of the Defence Force.