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COMPREHENSIVE NUCLEAR TEST-BAN TREATY ACT 1998 No. 78, 1998 - SECT 9 Extraterritorial operation of offence

COMPREHENSIVE NUCLEAR TEST-BAN TREATY ACT 1998 No. 78, 1998 - SECT 9

Extraterritorial operation of offence (1) Section 8 applies:

    (a) whether the explosion takes place within or outside Australia; and

    (b) whether the conduct that causes the explosion takes place within or outside Australia.

(2) However, if both:

    (a) the explosion; and

    (b) the conduct of the person that causes the explosion;

take place outside Australia, the person is guilty of an offence under section 8 only if the person is an Australian citizen.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).