Document ID: chunk:federal_register_of_legislation:C2012A00003:clause:1_38f
Version: federal_register_of_legislation:C2012A00003
Segment Type: clause
Provision Reference: sch 1 cl 38F
Character Range: 11743–13196

38F  Jurisdictional requirement
  A person commits an offence under this Division only if one or more of the following paragraphs applies:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian ship or an Australian aircraft;
 (b) at the time of the alleged offence, the person is an Australian citizen;
 (c) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia;
 (d) the conduct is subject to the jurisdiction of another State Party to the Nuclear Terrorism Convention established in accordance with paragraph 1 or 2 of Article 9 of the Convention, and the person is in Australia;
 (e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;
 (f) the alleged offence is committed against:
 (i) an Australian citizen; or
 (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;
 (g) 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.
Note: A person commits an offence under this Division even if the conduct occurs in circumstances to which the Nuclear Terrorism Convention does not apply because of Article 3.