Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

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

Division 72 - Explosives and lethal devices  

Subdivision A - International terrorist activities using explosive or lethal devices  

SECTION 72.4   Jurisdictional requirement  

(1)  
A person commits an offence under this Subdivision only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2) ):


(a) the conduct constituting the alleged offence occurs:


(i) wholly or partly in Australia; or

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


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


(c) at the time of the alleged offence, the person is a stateless person whose habitual residence is in Australia;


(d) the conduct is subject to the jurisdiction of another State Party to the Convention established in accordance with paragraph 1 or 2 of Article 6 of the Convention and the person is in Australia;


(e) the alleged offence is committed against a government facility of the Commonwealth, or of a State or Territory, that is located outside Australia;


(f) the alleged offence is committed against:


(i) an Australian citizen; or

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


(g) by engaging in the conduct constituting the alleged offence, the person intends to compel a legislative, executive or judicial institution of the Commonwealth, a State or a Territory to do or omit to do an act.

(2)  
The circumstances relating to the alleged offence are exclusively internal if:


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


(b) the alleged offender is an Australian citizen; and


(c) all of the persons against whom the offence is committed are Australian citizens or bodies corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and


(d) the alleged offender is in Australia; and


(e) no other State Party to the Convention has a basis under paragraph 1 or 2 of Article 6 of the Convention for exercising jurisdiction in relation to the conduct.


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