CTHRepealedAct
Crimes (Torture) Act 1988
9Jurisdiction of courts and choice of law
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#### 9 Jurisdiction of courts and choice of law
(1) Where a person is charged with an offence against this Act, then, for the purposes of:
(a) determining whether a court of a State or Territory has jurisdiction in relation to the offence;
(b) an exercise of jurisdiction by such a court in relation to the offence;
(c) a proceeding connected with such an exercise of jurisdiction; and
(d) an appeal arising out of, or out of a proceeding connected with, such an exercise of jurisdiction;
this Act has effect, in relation to an act that is, or is alleged to be, the offence, as if a reference in subsection 6(1) or section 10 to a part of Australia were a reference to that State or Territory.
(2) Where:
(a) it is sought in a proceeding for an offence against this Act to establish for the purposes of subsection 6(2) that a particular defence could have been established in a proceeding (in this subsection called the “other proceeding”) for an offence; and
(b) in the other proceeding, the onus of establishing the defence would have been on the accused;
then, in the first‑mentioned proceeding, the onus of establishing that the defence could have been established in the other proceeding lies on the accused.