Crimes (Torture) Act 1988
9Jurisdiction of courts and choice of law
Start here
Get a plain-English read of 9
Turn the raw legal text into a practical explanation grounded in Crimes (Torture) Act 1988.
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.