Document ID: chunk:federal_register_of_legislation:C2024C00489:section:9a
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 9A
Character Range: 34799–37367

9A  Extraterritorial operation

This Act and Regulatory Powers Act generally apply within and outside of Australian jurisdiction
 (1) Subject to this section, this Act, and the Regulatory Powers Act as it applies in relation to this Act, extend to acts, omissions, matters and things outside of Australian jurisdiction.
Note: Some searchable places will be outside of Australian jurisdiction.

Regulatory provisions applying outside of Australian jurisdiction apply only to Australian entities
 (2) Subject to subsections (4) and (5), to the extent that a provision of this Act, or a provision of the Regulatory Powers Act as it applies in relation to this Act, has effect in relation to anywhere outside of Australian jurisdiction, that provision applies only in relation to relevant Australian entities.

Regulatory provisions apply to all entities etc. in Australian jurisdiction
 (3) Subject to subsection (4), to the extent that a provision of this Act, or a provision of the Regulatory Powers Act as it applies in relation to this Act, has effect in relation to Australian jurisdiction, that provision applies in relation to:
 (a) all relevant persons including foreign persons; and
 (b) all relevant searchable places in that jurisdiction, including any owned or occupied by foreign persons.

This Act and the Regulatory Powers Act have effect subject to international law obligations
 (4) This Act, and the Regulatory Powers Act as it applies in relation to this Act, have effect subject to:
 (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and
 (b) any law of the Commonwealth giving effect to such an agreement.
 (5) The exercise in a foreign country of a power under this Act, or the Regulatory Powers Act as it applies in relation to this Act, is subject to the consent of the foreign country, if such consent is required under international law (including requirements under any international agreement binding on Australia).

Definitions
 (6) In this section:
Australian entity means:
 (a) an Australian citizen; or
 (b) an individual who is a resident of Australia; or
 (c) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; or
 (d) an Australian aircraft; or
 (e) an Australian vessel.
foreign person means a person other than:
 (a) an Australian citizen; or
 (b) an individual who is a resident of Australia; or
 (c) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.