Northern Territory Consolidated Acts

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CRIMINAL CODE - SECT 43BY

Application and effect of Division

43BY. Application and effect of Division

(1) This Division extends the application of a law of the Territory that creates an offence beyond the territorial limits of the Territory (and Australia) if the required geographical nexus exists for the offence.

(2) If a law that creates an offence provides for any geographical consideration for an offence, the provision prevails over any inconsistent provision of this Division.

Examples for subsection (2)

1 A law creating an offence may provide that the place of commission of the offence is (explicitly or by necessary implication) an element of the offence.

2 A law creating an offence may provide for its application outside the Territory and exclude (explicitly or by necessary implication) the requirement for a geographical nexus between the Territory and an element of the offence.



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