NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 38F Jurisdictional requirement

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 38F

    A person commits an offence under this Division only if one or more of the following paragraphs applies:

  (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 Nuclear Terrorism Convention established in accordance with paragraph   1 or 2 of Article 9 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.

Note:   A person commits an offence under this Division even if the conduct occurs in circumstances to which the Nuclear Terrorism Convention does not apply because of Article 3.