13AExtra‑territorial effect of certain provisions

13A Extra‑territorial effect of certain provisions

(1) Conduct does not contravene a provision to which this regulation applies unless: (a) the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) the conduct occurs wholly outside Australia and: (i) at the time of the alleged contravention, the person who engages in the conduct is an Australian citizen; or (ii) at the time of the alleged contravention, the person who engages in the conduct is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory. (2) Furthermore, conduct does not contravene a provision (the Australian provision) to which this regulation applies if: (a) the conduct occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person who engages in the conduct 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 occurs; or (ii) the part of the foreign country where the conduct occurs; a law of that foreign country, or a law of that part of that foreign country, that creates a prohibition that corresponds to the prohibition created by the Australian provision. (3) For the purposes of this regulation, conduct is taken to have occurred partly in Australia if it is taken to have occurred partly in Australia under section 16.2 of the Criminal Code. (4) For purposes of this regulation: (a) there is taken to be in force a law of the kind mentioned in paragraph (2)(c) unless a person adduces or points to evidence that suggests a reasonable possibility that no such law is in force; and (b) if a person adduces or points to such evidence—there is taken to be no such law in force, unless it is proved otherwise.

Note: In a prosecution for an offence involving a contravention of a provision to which this regulation applies, a defendant bears an evidential burden in relation to the matter in paragraph (a): see section 13.3 of the Criminal Code.