Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p25
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 25/31)
Character Range: 96971–99707

is an ancillary offence; and
 (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (d) the person is neither:
 (i) an Australian citizen; nor
 (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
 (e) there is not in force in:
 (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or
 (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur;
  a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
 (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.

15.4  Extended geographical jurisdiction—category D
  If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
 (a) whether or not the conduct constituting the alleged offence occurs in Australia; and
 (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).

Division 16—Miscellaneous

16.1  Attorney‑General's consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
 (1) Proceedings for an offence must not be commenced without the Attorney‑General's written consent if:
 (a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and
 (b) the conduct constituting the alleged offence occurs wholly in a foreign country; and
 (c) at the time of the alleged offence, the person alleged to have committed the offence is neither:
 (i) an Australian citizen; nor
 (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
 (2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in