Document ID: chunk:federal_register_of_legislation:C2025C00160:section:160:p2
Version: federal_register_of_legislation:C2025C00160
Segment Type: section
Provision Reference: s 160 (pt 2/2)
Character Range: 248265–250005

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 contravened a civil penalty provision of this Act and who wishes to rely on subsection (2) or (3) bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to the matters set out in the subsection.

Other matters
 (5) A reference in this section to a result of conduct is a reference to a result that is an element of the civil penalty provision.
 (6) For the purposes of this section and without limitation, if an entity sends, or causes to be sent, an electronic communication or other thing:
 (a) from a point outside Australia to a point in Australia; or
 (b) from a point in Australia to a point outside Australia;
that conduct is taken to have occurred partly in Australia.

Definitions
 (7) In this section:
ancillary contravention of a civil penalty provision means a contravention that arises out of the operation of section 92 of the Regulatory Powers Act.
Australian aircraft has the same meaning as in the Criminal Code.
Australian ship has the same meaning as in the Criminal Code.
electronic communication has the same meaning as in the Criminal Code.
foreign country has the same meaning as in the Criminal Code.
point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
primary contravention of a civil penalty provision means a contravention that does not arise out of the operation of section 92 of the Regulatory Powers Act.