Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p6
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 6/8)
Character Range: 13839–16509

to the matter in this section, see subsection 13.3(3).

71.16  Jurisdictional requirement

 (1) A person commits an offence under this Division only if:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (b) the conduct constituting the alleged offence occurs wholly outside Australia and:
 (i) at the time of the alleged offence, the person is an Australian citizen; or
 (ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
 (iii) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia; or
 (iv) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of article 10 and the person enters Australia; or
 (c) the alleged offence is committed against an Australian citizen; or
 (d) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

 (2) In this section:

Australian aircraft means:
 (a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations as an Australian aircraft; or
 (b) an aircraft (other than a defence aircraft) that is owned by, or in the possession or control of, a Commonwealth entity; or
 (c) a defence aircraft.

Australian ship means:
 (a) a ship registered, or required to be registered, under the Shipping Registration Act 1981; or
 (b) an unregistered ship that has Australian nationality; or
 (c) a defence ship.

defence aircraft means an aircraft of any part of the Australian Defence Force, and includes 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.

defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.

71.17  Exclusion of this Division if State/Territory laws provide for corresponding offences

 (1) A State or Territory court does not have jurisdiction to determine a charge of an offence under this Division if the conduct constituting the offence also constitutes an offence (the State offence) against the law of that State or Territory.

 (2) If:
 (a) a prosecution is brought against a person under this Division; and
 (b) a court finds that there