15.2 Extended Geographical Jurisdiction Category B

Commonwealth Criminal Code: Guide for practitioners 

15.2 Extended Geographical Jurisdiction Category B

(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:

  1. (a) the conduct constituting the alleged offence occurs:
    1. (i) wholly or partly in Australia; or
    2. (ii) wholly or partly on board an Australian aircraft or  an Australian ship; or
  2. (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs:
    1. (i) wholly or partly in Australia; or
    2. (ii) wholly or partly on board an Australian aircraft or  an Australian ship; or
  3. (c) the conduct constituting the alleged offence occurs wholly outside Australia and:
    1. (i) at the time of the alleged offence, the person is an Australian citizen; or
    2. (ii) at the time of the alleged offence, the person is a resident of Australia; or
    3. (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
  4. (d) all of the following conditions are satisfied:
    1. (i) the alleged offence is an ancillary offence;
    2. (ii) the conduct constituting the alleged offence occurs wholly outside Australia;
    3. (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, 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).

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

 

Overview

This category of jurisdiction is the same as under category A, except that a further possible basis for jurisdiction is added in ss15.2(1)(c)(ii). This is that at the time of the alleged offence the person was a resident of Australia. The defence in ss15.2(2) is in the same terms as the defence in ss15.1(2). It may be available if jurisdiction is to be exercised on the basis of residence, but not if jurisdiction is to be exercised on the basis of nationality.