Part 1ATerritorial application of the criminal law

Part 1A—Territorial application of the criminal law 5E—Interpretation necessary territorial nexus—see section 5G(2); State includes the Northern Territory and the Australian Capital Territory; relevant act in relation to an offence means— (a) an act or omission that is, or causes or contributes to, an element of the offence; or (b) an act or omission that is, or causes or contributes to, something that would, assuming the necessary territorial nexus existed, be an element of the offence; or (c) a state of affairs that is an element of the offence, or would, assuming the necessary territorial nexus existed, be an element of the offence. (2) The question whether the necessary territorial nexus exists in relation to an alleged offence is a question of fact to be determined, where a court sits with a jury, by the jury. 5F—Application (1) The law of this State operates extra-territorially to the extent contemplated by this Part. (2) However— (a) this Part does not operate to extend the operation of a law that is expressly or by necessary implication limited in its application to this State or a particular part of this State; and (b) this Part operates subject to any other specific provision as to the territorial application of the law of the State; and (c) this Part is in addition to, and does not derogate from, any other law providing for the extra-territorial operation of the criminal law.1