Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245am:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AM (pt 1/3)
Character Range: 684769–687637

245AM  Geographical scope of offence and civil penalty provisions

Offences
 (1) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Subdivision.

Contraventions of civil penalty provisions
 (2) An order must not be made against a person in civil proceedings relating to a contravention by the person of a civil penalty provision in this Subdivision unless:
 (a) the person's conduct that allegedly contravenes the provision occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (b) the person's conduct that allegedly contravenes the provision 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
 (c) all of the following conditions are satisfied:
 (i) the person's conduct allegedly contravenes the provision because of section 486ZD (the ancillary contravention);
 (ii) the conduct occurs wholly outside Australia;
 (iii) the conduct constituting the primary contravention to which the ancillary contravention 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.

Defences relating to contraventions of civil penalty provisions
 (3) In civil proceedings relating to a primary contravention by a person, it is a defence if:
 (a) the conduct constituting the alleged primary contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (b) 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
 (c) there is not in force in:
 (i) the foreign country where the conduct constituting the alleged primary contravention occurs; or
 (ii) the part of the foreign country where the conduct constituting the alleged primary contravention occurs;
  a law of that foreign country, or a law of that part of that foreign country, that provides for a pecuniary or criminal penalty for such conduct.
 (4) In civil proceedings relating to a contravention (the ancillary contravention) by a person of a civil penalty provision in this Subdivision because of section 486ZD, it is a defence if:
 (a) the conduct constituting the alleged ancillary contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
 (b) the conduct (the primary conduct) constituting the primary contravention to which the ancillary contravention relates occurs, or is intended by the person to occur, wholly in a foreign country,