Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 70 - Bribery of foreign public officials  

SECTION 70.5   Territorial and nationality requirements  

(1)  
A person does not commit an offence against section 70.2 unless:


(a) the conduct constituting the alleged offence occurs:


(i) wholly or partly in Australia; or

(ii) wholly or partly on board an Australian aircraft or an Australian ship; or


(b) the conduct constituting the alleged offence occurs wholly outside Australia and:


(i) at the time of the alleged offence, the person is an Australian citizen; or

(ii) at the time of the alleged offence, the person is a resident of Australia; or

(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note:

The expression offence against section 70.2 is given an extended meaning by subsections 11.2(1) , 11.2A(1) and 11.6(2) .

(2)  
Proceedings for an offence against section 70.2 must not be commenced without the Attorney-General ' s written consent if:


(a) the conduct constituting the alleged offence occurs wholly outside Australia; and


(b) at the time of the alleged offence, the person alleged to have committed the offence is:


(i) a resident of Australia; and

(ii) not an Australian citizen.

(3)  
However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence against section 70.2 before the necessary consent has been given.




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