Document ID: chunk:federal_register_of_legislation:C2004A01189:clause:1_4
Version: federal_register_of_legislation:C2004A01189
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 16945–18511

4  Application of Australian criminal law to person to whom this Act applies

 (1) If:
 (a) this Act applies to a person in relation to an act of the person in a foreign country; and
 (b) the act would, if it had occurred in the Jervis Bay Territory, have contravened the criminal laws of the Jervis Bay Territory as in force at the time the act occurred;
the criminal laws of the Jervis Bay Territory, as in force at the time the act occurred, are taken to have applied, at the time the act occurred, to the person in relation to the act and to so apply as laws of the Commonwealth.

 (2) Proceedings for an offence against the laws applied under subsection (1) must not be commenced without the Minister's written consent.

 (3) Before giving a consent under subsection (2), the Minister must consult with the Minister for Foreign Affairs.

 (4) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence against the laws applied under subsection (1) before the necessary consent has been given.

 (5) If:
 (a) a person is a person to whom this Act applies in relation to an act at the time when the person is convicted of an offence against a law applied under subsection (1); and
 (b) the person subsequently ceases to be a person to whom this Act applies in relation to the act because of subsection 3A(2);
the person's ceasing to be a person to whom this Act applies in relation to the act does not affect the validity of the conviction or any sentence imposed in relation to the conviction.