Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 2.7 - Geographical jurisdiction  

Division 16 - Miscellaneous  

SECTION 16.1   Attorney-General ' s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances  

Proceedings for an offence must not be commenced without the Attorney-General ' s written consent if:

(a) section 14.1 , 15.1 , 15.2 , 15.3 or 15.4 applies to the offence; and

(b) the conduct constituting the alleged offence occurs wholly in a foreign country; and

(c) at the time of the alleged offence, the person alleged to have committed the offence is neither:

(i) an Australian citizen; nor

(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence before the necessary consent has been given.

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