Contents (1900 - 40)
Crimes Act 1900 No 40
Part 1A Geographical jurisdiction
10A Application and effect of Part
(1) This Part applies to all offences.(2) This Part extends, beyond the territorial limits of the State, the application of a law of the State that creates an offence if there is the nexus required by this Part between the State and the offence.(3) If the law that creates an offence makes provision with respect to any geographical consideration concerning the offence, that provision prevails over any inconsistent provision of this Part.(4) This Part is in addition to and does not derogate from any other basis on which the courts of the State may exercise criminal jurisdiction.
(1) For the purposes of this Part, the necessary geographical nexus is the geographical nexus required by section 10C.(2) For the purposes of this Part, the place in which an offence is committed is the place in which the physical elements of the offence occur.(3) For the purposes of this Part, the place in which an offence has an effect includes:(a) any place whose peace, order or good government is threatened by the offence, and(b) any place in which the offence would have an effect (or would cause such a threat) if the criminal activity concerned were carried out.(4) A reference in this Part to the State includes a reference to the coastal waters of the State in which the criminal law of the State applies (including in any part of the adjacent area of the State in which the substantive criminal law of the State applies by force of the law of the State or of the Commonwealth in accordance with the Crimes at Sea Act 1998).
10C Extension of offences if there is a geographical nexus
(1) If:(a) all elements necessary to constitute an offence against a law of the State exist (disregarding geographical considerations), andthe person alleged to have committed the offence is guilty of an offence against that law.(b) a geographical nexus exists between the State and the offence,(2) A geographical nexus exists between the State and an offence if:(a) the offence is committed wholly or partly in the State (whether or not the offence has any effect in the State), or(b) the offence is committed wholly outside the State, but the offence has an effect in the State.
10D Provisions relating to double criminality
(1) This Part applies to an offence that is committed partly in the State and partly in another place outside the State, irrespective of whether it is also an offence in that other place.(2) This Part applies to an offence that is committed wholly in a place outside the State only if:(a) it is also an offence in that place, or(b) it is not also an offence in that place, but the trier of fact is satisfied that the offence constitutes such a threat to the peace, order or good government of the State that the offence warrants criminal punishment in the State.
10E Procedural and other provisions
(1) The existence of the necessary geographical nexus for an offence is to be presumed and the presumption is conclusive unless rebutted under subsection (2).(2) If a person charged with an offence disputes the existence of the necessary geographical nexus, the court is to proceed with the trial of the offence in the usual way. If, at the conclusion of the trial, the trier of fact is satisfied on the balance of probabilities that the necessary geographical nexus does not exist, it must (subject to subsection (3)) make or return a finding to that effect and the charge is to be dismissed.(3) If the trier of fact would, disregarding any geographical considerations, find the person not guilty of the offence, it must make or return a finding of not guilty. The trier of fact must make or return a finding of not guilty on the grounds of mental illness in any such case if they were the only grounds on which the trier of fact would have found the person not guilty of the offence.(4) This section also applies to any alternative verdict available by law to the trier of fact in respect of another offence with which the person was not charged. A finding of guilt may be made or returned in any such case, unless the trier of fact is satisfied on the balance of probabilities that the necessary geographical nexus for that other offence does not exist.(5) The issue of whether the necessary geographical nexus exists must, if raised before the trial, be reserved for consideration at the trial.(6) A power or authority exercisable on reasonable suspicion or belief that an offence has been committed may be exercised in the State if the person in whom the power or authority is vested suspects on reasonable grounds or believes that the elements necessary to constitute the offence exist (whether or not the person suspects or believes or has any ground to suspect or believe that the necessary geographical nexus with the State exists).
10F Special provisions with respect to geographical jurisdiction
(1) This section applies for the purposes of, but without limiting, this Part.(2) The necessary geographical nexus exists between the State and any of the following offences if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or property held by the public official for or on behalf of the State:(a) larceny or any offence that includes larceny,(b) fraud or any other offence under Part 4AA.(3) The necessary geographical nexus exists between the State and an offence against section 45 or 45A if the person against whom the offence is committed is a person ordinarily resident in the State.