AUSTRALIAN CAPITAL TERRITORY
Crimes (Amendment) Act 1995
No. 2 of 1995
An Act to amend the CrimesAct 1900
[Notified in ACT Gazette S115: 19 June 1995]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Crimes (Amendment) Act 1995.
Commencement
2. This Act commences on the day on which it is notified in the Gazette.
Principal Act
3. In this Act, “Principal Act” means the CrimesAct 1900.1
Insertion
4. After section 3 of the Principal Act the following section is inserted:
Territorial application of the criminal law of the Territory
“3A. (1) An offence against a law of the Territory is committed if—
(a)all elements necessary to constitute the offence (disregarding any territorial considerations) exist; and
(b)a territorial nexus exists between the Territory and at least 1 element of the offence.
“(2) A territorial nexus exists between the Territory and an element of an offence if—
(a)the element is or includes an event occurring in the Territory; or
(b)the element is or includes an event that occurs outside the Territory but while the person alleged to have committed the offence is in the Territory.
“(3) The territorial nexus referred to in paragraph (1) (b) (in this section called the ‘necessary territorial nexus’) shall be presumed to exist, but the presumption is rebuttable in accordance with subsection (4).
“(4) If a person charged with an offence disputes the existence of the necessary territorial nexus, the court shall proceed with the trial of the offence in the usual way and if at the conclusion of the trial the court, or, in the case of a jury trial, the jury, is satisfied on the balance of probabilities that the necessary territorial nexus does not exist, it shall, subject to subsection (5), make or return a finding to that effect and the charge is to be dismissed.
“(5) If the court, or, in the case of a jury trial, the jury, would, disregarding territorial considerations, find the person not guilty of the offence (but not on the ground of mental illness), the court or jury shall make or return a finding of not guilty.
“(6) The issue of whether the necessary territorial nexus exists shall, if raised before the trial, be reserved for consideration at the trial.
“(7) A power or authority exercisable on reasonable suspicion that an offence has been committed may be exercised in the Territory if the person in whom the power or authority is vested suspects on reasonable grounds that the elements necessary to constitute the offence exist (whether or not that person suspects or has any ground to suspect that the necessary territorial nexus with the Territory exists).
“(8) This section applies to offences committed before or after the commencement of this section but does not apply to an offence if—
(a)the law under which the offence is created makes the place of commission (explicitly or by necessary implication) an element of the…