Document ID: chunk:federal_register_of_legislation:C2017A00099:clause:1_110d
Version: federal_register_of_legislation:C2017A00099
Segment Type: clause
Provision Reference: sch 1 cl 110D
Character Range: 51995–54483

110D  Extended geographical application of section 110C
 (1) A person does not contravene section 110C unless:
 (a) the conduct constituting the alleged contravention 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 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 person is:
 (i) an Australian citizen; or
 (ii) a resident of Australia; or
 (iii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
 (d) all of the following conditions are satisfied:
 (i) the alleged contravention is an ancillary contravention of section 110C;
 (ii) the conduct constituting the alleged contravention occurs wholly outside Australia;
 (iii) the conduct constituting the primary contravention of section 110C, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.

Exception—foreign entities engaging in legal conduct wholly in foreign countries
 (2) A person does not contravene section 110C if:
 (a) the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (b) for an ancillary contravention of section 110C—the conduct constituting the primary contravention of that section, 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
 (c) 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
 (d) there is not a law creating an offence or contravention that corresponds to section 110C in force in the foreign country, or the part of the foreign country, where:
 (i) the conduct constituting the primary contravention occurs; or
 (ii) for an ancillary contravention of section 110C—a result of the conduct constituting the primary contravention occurs.

Division 3—Information‑gathering powers