160Geographical jurisdiction of civil penalty provisions

160 Geographical jurisdiction of civil penalty provisions

Geographical jurisdiction of civil penalty provisions (1) An entity does not contravene a civil penalty provision of this Act unless: (a) the conduct constituting the alleged contravention occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or Australian ship; or (b) the conduct constituting the alleged contravention 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 constituting the alleged contravention occurs wholly outside Australia and, at the time of the alleged contravention, the entity is an Australian entity; or (d) all of the following conditions are satisfied: (i) the alleged contravention is an ancillary contravention; (ii) the conduct constituting the alleged contravention occurs wholly outside Australia; (iii) the conduct constituting the primary contravention to which the ancillary contravention relates, or a result of that conduct, occurs wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Defence for primary contravention (2) Despite subsection (1), an entity does not contravene a civil penalty provision of this Act if: (a) the alleged contravention is a primary contravention; and (b) the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or Australian ship; and (c) the entity is not an Australian entity; and (d) there is not in force, in the foreign country or the part of the foreign country where the conduct constituting the alleged contravention or offence occurred, a law creating a pecuniary or criminal penalty for conduct corresponding to the conduct constituting the alleged contravention. Defence for ancillary contravention (3) Despite subsection (1), an entity does not contravene a civil penalty provision of this Act if: (a) the alleged contravention is an ancillary contravention; and (b) the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary contravention to which the alleged contravention relates, or a result of that conduct, occurs wholly in a foreign country, but not on board an Australian aircraft or Australian ship; and (d) the entity is not an Australian entity; and (e) there is not in force, in the foreign country or the part of the foreign country where the conduct constituting the alleged contravention occurred, a law creating a pecuniary or criminal penalty for conduct corresponding to the conduct constituting the primary contravention to which the alleged contravention relates. Evidential burden (4) An entity who is alleged to have contravened a civil penalty provision of this Act and who wishes to rely on subsection (2) or (3) bears an evidential burden (within the meaning of the Regulatory Powers Act) in relation to the matters set out in the subsection. Other matters (5) A reference in this section to a result of conduct is a reference to a result that is an element of the civil penalty provision. (6) For the purposes of this section and without limitation, if an entity sends, or causes to be sent, an electronic communication or other thing: (a) from a point outside Australia to a point in Australia; or (b) from a point in Australia to a point outside Australia; that conduct is taken to have occurred partly in Australia. Definitions (7) In this section: