Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.5B - REGULATION OF FINANCIAL BENCHMARKS  

Division 4 - Offences and civil penalties relating to manipulation of financial benchmarks  

SECTION 908DD   GEOGRAPHICAL SCOPE OF OFFENCES AND CIVIL PENALTY PROVISIONS  

Offences

908DD(1)    
Section 15.2 of the Criminal Code (extended geographical jurisdiction - category B) applies to each offence against this Division.

Contraventions of civil penalty provisions

908DD(2)    
A declaration of contravention by a person must not be made under section 1317E relating to an alleged contravention by the person of a civil penalty provision in this Division unless:

(a)    the person ' s conduct that allegedly contravenes the provision occurs:

(i) wholly or partly in Australia; or

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

(b)    the person ' s conduct that allegedly contravenes the provision 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 person ' s conduct that allegedly contravenes the provision occurs wholly outside Australia and, at the time of the alleged contravention, the person is:

(i) an Australian citizen; or

(ii) a resident of Australia (within the meaning of the Criminal Code ); or

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

Defences relating to contraventions of civil penalty provisions

908DD(3)    
In proceedings under section 1317E for a declaration of contravention by a person relating to an alleged contravention by the person of a civil penalty provision in this Division, it is a defence if:

(a)    the conduct constituting the alleged contravention occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and

(b)    the person 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; and

(c)    there is not in force in:

(i) the foreign country where the conduct constituting the alleged contravention occurs; or

(ii) the part of the foreign country where the conduct constituting the alleged contravention occurs;

a law of that foreign country, or a law of that part of that foreign country, that provides for a pecuniary or criminal penalty for such conduct.

908DD(4)    
A defendant bears an evidential burden in relation to the matter in subsection (3) .

Attorney-General ' s consent needed for certain proceedings

908DD(5)    
The Attorney-General ' s prior written consent must be obtained to commence proceedings under section 1317E for a declaration of contravention by a person relating to an alleged contravention by the person of a civil penalty provision in this Division if:

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

(b)    at the time of the alleged contravention, the person 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.

When conduct taken to occur partly in Australia

908DD(6)    
For the purposes of (but without limiting) this section, if a person sends a thing, or causes a thing to be sent:

(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.

908DD(7)    
For the purposes of (but without limiting) this section, if a person sends, or causes to be sent, an electronic communication:

(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

908DD(8)    
In this section:

Australian aircraft
has the same meaning as in the Criminal Code .

Australian ship
has the same meaning as in the Criminal Code .

conduct
has the same meaning as in the Criminal Code .

electronic communication
has the same meaning as in the Criminal Code .

evidential burden
has the same meaning as in the Criminal Code .

foreign country
has the same meaning as in the Criminal Code .

point
has the same meaning as in section 16.2 of the Criminal Code .