Crimes (Overseas) (Declared Foreign Countries) Regulations 2019

Administered by Attorney-General's Department

Legislation au F2019L00215 Regulations In force Legislative Instrument

Legislation content

Crimes (Overseas) (Declared Foreign Countries) Regulations 2019

made under the

Crimes (Overseas) Act 1964

Compilation No. 1

Compilation date: 19 November 2025

Includes amendments: F2025L01395

About this compilation

This compilation

This is a compilation of the Crimes (Overseas) (Declared Foreign Countries) Regulations 2019 that shows the text of the law as amended and in force on 19 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Introduction

1 Name

3 Authority

5 Definitions

Part 2—Declared foreign countries

6 Declared foreign countries

Part 3—Transitional provisions

7 Transitional—Crimes (Overseas) (Declared Foreign Countries) Regulations 2003

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Introduction

 

1  Name

  This instrument is the Crimes (Overseas) (Declared Foreign Countries) Regulations 2019.

3  Authority

  This instrument is made under the Crimes (Overseas) Act 1964.

5  Definitions

  In this instrument:

Act means the Crimes (Overseas) Act 1964.

Part 2—Declared foreign countries

 

6  Declared foreign countries

 (1) For the purposes of paragraph 3C(1)(a) of the Act, each of the following foreign countries is a declared foreign country for the purposes of the Act:

 (b) Iraq;

 (c) Nauru;

 (d) Papua New Guinea;

 (e) Solomon Islands;

 (f) Vanuatu.

 (2) For the purposes of subsection 3C(3) of the Act, each foreign country mentioned in subsection (1):

 (a) is to start being a declared foreign country for the purposes of the Act on the day the Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2025 commence; and

 (b) is to cease being a declared foreign country for the purposes of the Act on 1 April 2029.

Part 3—Transitional provisions

 

7  Transitional—Crimes (Overseas) (Declared Foreign Countries) Regulations 2003

  Despite the repeal of the Crimes (Overseas) (Declared Foreign Countries) Regulations 2003 by Schedule 1 to this instrument, those regulations, as in force immediately before 1 July 2019, continue to apply in respect of an act of a person in a foreign country that occurred before that day.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = Sub‑Chapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Crimes (Overseas) (Declared Foreign Countries) Regulations 2019

28 Feb 2019 (F2019L00215)

1 July 2019 (s 2(1) item 1)

 

Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2025

18 Nov 2025 (F2025L01395)

19 Nov 2025 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Part 2

 

s 6.....................

am F2025L01395

Schedule 1................

rep LA s 48C

 

Overview

The Crimes (Overseas) (Declared Foreign Countries) Regulations 2019, made under the Crimes (Overseas) Act 1964, provide for the identification of foreign countries that are considered declared foreign countries for the purposes of the Act. These regulations were introduced to address the need for a clear and up-to-date list of countries where Australian nationals can be prosecuted for crimes committed overseas. This legislative instrument outlines which countries are considered declared foreign countries, with the list subject to change through subsequent amendments. The Regulations were enacted by the Parliament of Australia and aim to ensure that Australian citizens are held accountable for their actions in foreign jurisdictions, thereby maintaining the integrity of Australian law and ensuring justice is served. The Regulations came into effect on 1 July 2019 and have been subject to amendments, such as the Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2025, which further update the list of declared foreign countries.

Scope and Application

The Crimes (Overseas) (Declared Foreign Countries) Regulations 2019 are made under the Crimes (Overseas) Act 1964 and apply to foreign countries that are designated as declared foreign countries for the purposes of the Act. The Act pertains to Australian citizens, residents, and entities carrying out activities overseas, particularly in relation to criminal conduct in these declared countries. This legislation has a national jurisdictional reach, applying across Australia. The designated countries in the current regulations include Iraq, Nauru, Papua New Guinea, Solomon Islands, and Vanuatu, with these designations effective from the commencement of the Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2025 and ceasing on 1 April 2029. The regulations also contain transitional provisions, ensuring that the repealed Crimes (Overseas) (Declared Foreign Countries) Regulations 2003 continue to apply to acts committed in the specified foreign countries before 1 July 2019. Any further modifications or extensions of application are made through subordinate instruments, as detailed in the legislative history and amendment history notes.

Key Provisions

The main operative sections of the Crimes (Overseas) (Declared Foreign Countries) Regulations 2019 (the Regulations) pertain to the declaration of foreign countries under the Crimes (Overseas) Act 1964 (the Act). Section 6 of the Regulations lists the countries that are deemed to be declared foreign countries for the purposes of the Act, including Iraq, Nauru, Papua New Guinea, Solomon Islands, and Vanuatu. This listing is significant as it determines the applicability of certain provisions within the Act concerning criminal conduct that occurs in these countries. The Regulations also outline the commencement and cessation dates for these declarations, which are tied to the commencement of the Crimes (Overseas) (Declared Foreign Countries) Amendment Regulations 2025 and a specified date in 2029, respectively. The Regulations impose specific obligations on the parties or entities they govern, primarily concerning the application of Australian criminal law to acts committed in the declared foreign countries. For instance, under section 7, the Regulations clarify that the repealed Crimes (Overseas) (Declared Foreign Countries) Regulations 2003 continue to apply to acts occurring before the commencement of the 2019 Regulations, ensuring that there is no legal gap in the application of the law to past conduct. This transitional provision ensures that individuals who committed acts in the specified countries before 1 July 2019 are still subject to the pre-existing regulations. The Regulations also outline the penalties and consequences for breaches of the Act. While the specific penalties are not detailed within the Regulations themselves, they are found within the Act. Generally, under the Act, individuals found guilty of committing a crime in a declared foreign country may face penalties that mirror those for similar crimes committed within Australia. These penalties can include fines and imprisonment, with the exact penalties depending on the nature and severity of the offence. Additionally, breaches of the Act may have civil and criminal consequences, including the possibility of facing extradition proceedings if the individual is found in Australia or another country where the Australian authorities have jurisdiction.

Legal classification tags

Area of Law
Criminal Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Transitional Provisions

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.