Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12ac
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12AC
Character Range: 41940–43163

12AC  Division extends to some conduct outside Australia

 (1) This Division extends to the engaging in conduct outside Australia by:
 (a) bodies corporate incorporated or carrying on business within Australia; or
 (b) Australian citizens; or
 (c) persons ordinarily resident within Australia.

 (2) If a claim under section 12GF is made in a proceeding, a person may rely at a hearing in respect of that proceeding on conduct to which a provision of this Division extends because of subsection (1) of this section only if the Minister consents in writing to the reliance.

 (3) A person other than the Minister or the Commission may apply to the Court for an order under subsection 12GM(1) or (2) in a proceeding in respect of conduct to which a provision of this Division extends because of subsection (1) of this section only if the Minister consents in writing to the application.

 (4) The Minister must give a consent under subsection (2) or (3) in respect of a proceeding unless, in the Minister's opinion:
 (a) the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and
 (b) it is not in the national interest to give the consent.