Document ID: chunk:federal_register_of_legislation:C2025C00160:section:160:p1
Version: federal_register_of_legislation:C2025C00160
Segment Type: section
Provision Reference: s 160 (pt 1/2)
Character Range: 245601–248549

160  Geographical jurisdiction of civil penalty provisions

Geographical jurisdiction of civil penalty provisions
 (1) An entity does not contravene a civil penalty provision of this Act unless:
 (a) the conduct constituting the alleged contravention occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or Australian ship; or
 (b) the conduct constituting the alleged contravention occurs wholly outside Australia and a result of the conduct occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (c) the conduct constituting the alleged contravention occurs wholly outside Australia and, at the time of the alleged contravention, the entity is an Australian entity; or
 (d) all of the following conditions are satisfied:
 (i) the alleged contravention is an ancillary contravention;
 (ii) the conduct constituting the alleged contravention occurs wholly outside Australia;
 (iii) the conduct constituting the primary contravention to which the ancillary contravention relates, or a result of that conduct, occurs wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.

Defence for primary contravention
 (2) Despite subsection (1), an entity does not contravene a civil penalty provision of this Act if:
 (a) the alleged contravention is a primary contravention; and
 (b) the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or Australian ship; and
 (c) the entity is not an Australian entity; and
 (d) there is not in force, in the foreign country or the part of the foreign country where the conduct constituting the alleged contravention or offence occurred, a law creating a pecuniary or criminal penalty for conduct corresponding to the conduct constituting the alleged contravention.

Defence for ancillary contravention
 (3) Despite subsection (1), an entity does not contravene a civil penalty provision of this Act if:
 (a) the alleged contravention is an ancillary contravention; and
 (b) the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (c) the conduct constituting the primary contravention to which the alleged contravention relates, or a result of that conduct, occurs wholly in a foreign country, but not on board an Australian aircraft or Australian ship; and
 (d) the entity is not an Australian entity; and
 (e) there is not in force, in the foreign country or the part of the foreign country where the conduct constituting the alleged contravention occurred, a law creating a pecuniary or criminal penalty for conduct corresponding to the conduct constituting the primary contravention to which the alleged contravention relates.

Evidential burden
 (4) An entity who is alleged to have