Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_61
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 95153–97020

61  Offences based on Territory offences

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct in the Jervis Bay Territory; and
 (b) engaging in that conduct is a Territory offence.

 (2) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct in a public place outside the Jervis Bay Territory; and
 (b) engaging in that conduct would be a Territory offence, if it took place in a public place in the Jervis Bay Territory.

 (3) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct outside the Jervis Bay Territory (whether or not in a public place); and
 (b) engaging in that conduct would be a Territory offence, if it took place in the Jervis Bay Territory (whether or not in a public place).

 (4) The maximum punishment for an offence against this section is:
 (a) if the relevant Territory offence is punishable by a fixed punishment—that fixed punishment; or
 (b) otherwise—a punishment that is not more severe than the maximum punishment for the relevant Territory offence.

 (5) Strict liability applies to paragraphs (1)(b), (2)(b) and (3)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (6) To avoid doubt, section 10 of this Act does not have the effect that Chapter 2 of the Criminal Code applies to the law in force in Jervis Bay, for the purpose of determining whether an offence against this section has been committed.

Note: Section 10 of this Act applies Chapter 2 of the Criminal Code to the content of this section, but not to the content of the law in force in Jervis Bay. To determine, for the purposes of this section, whether Chapter 2 of the Code applies to Jervis Bay law, it is necessary to consult Jervis Bay law.