Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p133
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 133/169)
Character Range: 1520313–1523017

Australian aircraft or an Australian ship) and the money or other property:
 (i) is proceeds of indictable crime; or
 (ii) is intended to become an instrument of crime; or
 (iii) is at risk of becoming an instrument of crime;
  in relation to a Commonwealth indictable offence, a State indictable offence, an Australian Capital Territory indictable offence or a Northern Territory indictable offence; or
 (ba) in the case of an alleged offence against a proceeds of general crime offence provision:
 (i) the conduct constituting the alleged offence occurs wholly outside Australia (but not on board an Australian aircraft or an Australian ship); and
 (ii) the money or other property is proceeds of general crime in relation to an offence against a law of the Commonwealth, an offence against a law of a State, an offence against a law of the Australian Capital Territory or an offence against a law of the Northern Territory; or
 (c) the conduct constituting the alleged offence occurs wholly outside Australia and:
 (i) at the time of the alleged offence, the person is an Australian citizen; or
 (ii) at the time of the alleged offence, the person is a resident of Australia; or
 (iii) at the time of the alleged offence, the person is 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 offence is an ancillary offence;
 (ii) the conduct constituting the alleged offence occurs wholly outside Australia;
 (iii) the conduct constituting the primary offence to which the ancillary offence relates 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.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).

Defence—primary offence
 (2) A person does not commit an offence against this Division if:
 (a) the alleged offence is a primary 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) paragraph (1)(b) of this section does not apply; 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 alleged offence occurs; or
 (ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
  a law of that foreign country, or a law of that part of that foreign country, that