Document ID: chunk:federal_register_of_legislation:C2025C00185:section:5:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 43103–45965

5  General territorial application of Act

Geographical coverage of "this jurisdiction"
 (1) Section 9 defines this jurisdiction as the area that includes:
 (a) each referring State (including its coastal sea); and
 (b) each Territory (including its coastal sea, if any); and
 (d) also, for the purposes of the application of a provision of Chapter 7 or an associated provision (see subsection (10))—any external Territory in which the provision applies because of subsection (9) (but only to the extent provided for in that subsection).
 (2) Throughout this Act, this jurisdiction therefore consists of:
 (a) either:
 (i) the whole of Australia (if all the States are referring States); or
 (ii) Australia (other than any State that is not a referring State) if one or more States are not referring States; and
 (b) also, when used in or in relation to a provision of Chapter 7 or an associated provision (see subsection (10))—any external Territory in which the provision applies because of subsection (9) (but only to the extent provided for in that subsection).

Operation in this jurisdiction
 (3) Each provision of this Act applies in this jurisdiction.

Operation outside this jurisdiction
 (4) Subject to subsection (8), each provision of this Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.

Residence, place of formation etc.
 (7) Each provision of this Act applies according to its tenor to:
 (a) natural persons whether:
 (i) resident in this jurisdiction or not; and
 (ii) resident in Australia or not; and
 (iii) Australian citizens or not; and
 (b) all bodies corporate and unincorporated bodies whether:
 (i) formed or carrying on business in this jurisdiction or not; and
 (ii) formed or carrying on business in Australia or not.
Note: Paragraph (b)—many of the provisions in this Act apply only in relation to companies (that is, to companies that are registered under this Act).

Operation in non‑referring States
 (8) This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).

Expanded application of provisions of Chapter 7 and associated provisions
 (9) The regulations may provide that, in specified circumstances, a specified external Territory is included in this jurisdiction for the purposes of a specified provision of Chapter 7 (the applicable provision). If the regulations do so:
 (a) the applicable provision applies in that external Territory in those circumstances; and
 (b) the associated provisions (see subsection (10)) in relation to the applicable provision apply in that external Territory in relation to the applicable provision as so applying.

Meaning