38Extension of application of offence provisions

#### 38 Extension of application of offence provisions (1) Subject to subsection (2), this Division extends to an act or thing done outside Australia. (2) Proceedings against a person for an offence against a provision of this Division in respect of an act or thing done outside Australia (other than an act or thing to which subsection (3) applies) shall not be commenced unless: (a) the person is present in Australia; and (b) the following are satisfied: (i) the act or thing was done in the territory of a foreign country that was, at the time when the act or thing was done, a State Party to the Physical Protection Convention; (ii) the act or thing was done after the time when the Physical Protection Convention first required the foreign country to make the doing of the act or thing a punishable offence; and (c) the following are satisfied: (i) Australia was, at the time when the act or thing was done, a State Party to the Physical Protection Convention; (ii) the act or thing was done after the time when the Physical Protection Convention first required Australia to make the doing of the act or thing a punishable offence; and (d) the person has not been prosecuted (whether in Australia or in a foreign country) in respect of the doing of the act or thing; and (e) Australia has not extradited the person to a foreign country in respect of the doing of the act or thing. (3) This subsection applies to an act or thing done outside Australia if the act or thing is done: (a) on an Australian ship or Australian aircraft; or (b) in the course of international nuclear transport of nuclear material in a case where Australia is the State where the shipment originates or the State of ultimate destination; or (c) by an Australian citizen; or (d) by an individual who is a resident of Australia; or (e) by a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory. (4) Subsection (1) shall not be read as derogating from the effect of the Crimes at Sea Act 2000. (5) In subsection (3), international nuclear transport, State where the shipment originates and State of ultimate destination have the same respective meanings as they have in the Physical Protection Convention.