15.3 Extended Geographical Jurisdiction Category C

Commonwealth Criminal Code: Guide for practitioners

15.3 Extended Geographical Jurisdiction Category C

(1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:

  1. (a) whether or not the conduct constituting the alleged offence occurs in Australia; and
  2. (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia.

Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).

((2) - (5) deal with the defences and are not reproduced here.)

Overview

Category C jurisdiction is unrestricted. It applies whether or not the conduct or the result of the conduct constituting the alleged offence occurs in Australia. However, by virtue of ss15.3(2) a defence may be available depending on the law of a foreign country where the conduct occurs. The defence is in the same terms as in ss15.1(2) and 15.2(2) and is not available if the person charged is of Australian nationality.