DEFENCE ACT 1903 - SECT 51Y Applicable criminal law

DEFENCE ACT 1903 - SECT 51Y

Application of criminal law of the Jervis Bay Territory

  (1)   In relation to a criminal act of a member of the Defence Force that is done, or purported to be done, under this Part:

  (a)   the substantive criminal law of the Jervis Bay Territory, as in force from time to time, applies; and

  (b)   the substantive criminal law of the States and the other Territories, as in force from time to time, does not apply.

  (2)   To avoid doubt, Chapter   2 of the Criminal Code does not apply to an act done, or purported to be done, under this Part that is a criminal act (except to the extent that it constitutes an offence against the law of the Commonwealth).

Functions of the Director of Public Prosecutions

  (3)   To avoid doubt, the functions of the Director of Public Prosecutions under section   6 of the Director of Public Prosecutions Act 1983 in relation to the law of the Jervis Bay Territory as applied by subsection   ( 1) of this section are exclusive of the corresponding functions of any officer of a State or Territory, in relation to the law of the Jervis Bay Territory as so applied, under a law corresponding to that Act.

Note:   It is not intended that this section or Act restrict or limit the power of State or Territory police force to investigate any criminal acts done, or purported to be done, by Defence Force members when operating under this Part.