Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (Cth)

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 Act No. 137 of 2000 as amended This compilation was prepared on 5 April 2006 [This Act was amended by Act No. 63 of 2002; No. 9 of 2006] Amendments from Act No. 63 of 2002 [Schedule 2 (item 7) amended item 185 of Schedule 2 Schedule 2 (item 7) commenced immediately after 24 May 2001] Amendment from Act No. 9 of 2006 [Schedule 2 (item 16) amended item 277 of Schedule 2 Schedule 2 (item 16) commenced immediately after 24 May 2001] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of the Criminal Code Act 1995 Schedule 2—Amendment of other laws Part 1—Amendments Aboriginal and Torres Strait Islander Commission Act 1989 Aboriginal Councils and Associations Act 1976 Aboriginal Land Rights (Northern Territory) Act 1976 Aged Care Act 1997 Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 Agricultural and Veterinary Chemicals (Administration) Act 1992 Air Navigation Regulations 1947 Airports Act 1996 Antarctic Treaty (Environment Protection) Act 1980 Auditor‑General Act 1997 Australian Citizenship Act 1948 Australian Federal Police Act 1979 Australian Film Commission Act 1975 Australian Horticultural Corporation (Export Control) Regulations Australian Horticultural Corporation (Honey Export Control) Regulations Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Protective Service Act 1987 Australian Security Intelligence Organisation Act 1979 Australian Trade Commission Act 1985 Bankruptcy Act 1966 Bounty and Capitalisation Grants (Textile Yarns) Act 1981 Bounty (Bed Sheeting) Act 1977 Bounty (Books) Act 1986 Bounty (Citric Acid) Act 1991 Bounty (Computers) Act 1984 Bounty (Fuel Ethanol) Act 1994 Bounty (Machine Tools and Robots) Act 1985 Bounty (Photographic Film) Act 1989 Bounty (Ships) Act 1989 Broadcasting Services Act 1992 Civil Aviation Act 1988 Civil Aviation Regulations 1988 Coal Excise Act 1949 Coal Industry Act 1946 Commonwealth Electoral Act 1918 Commonwealth Inscribed Stock Act 1911 Commonwealth Places (Application of Laws) Act 1970 Complaints (Australian Federal Police) Act 1981 Crimes Act 1914 Customs Act 1901 Dairy Produce Act 1986 Defence Act 1903 Defence (Special Undertakings) Act 1952 Diplomatic and Consular Missions Act 1978 Disability Discrimination Act 1992 Distillation Act 1901 Environment Protection (Alligator Rivers Region) Act 1978 Excise Act 1901 Export Control Act 1982 Export Expansion Grants Act 1978 Export Inspection and Meat Charges Collection Act 1985 Export Market Development Grants Act 1997 Farm Household Support Act 1992 Financial Management and Accountability Act 1997 Financial Sector (Shareholdings) Act 1998 First Home Owners Act 1983 Fisheries Management Act 1991 Foreign Acquisitions and Takeovers Act 1975 Great Barrier Reef Marine Park Act 1975 Great Barrier Reef Marine Park Regulations Hazardous Waste (Regulation of Exports and Imports) Act 1989 Health Insurance Act 1973 Health Insurance Commission Act 1973 Historic Shipwrecks Act 1976 Home Deposit Assistance Act 1982 Homes Savings Grant Act 1976 Human Rights and Equal Opportunity Commission Act 1986 Immigration (Guardianship of Children) Act 1946 Imported Food Control Act 1992 Income Tax Assessment Act 1936 Industrial Chemicals (Notification and Assessment) Act 1989 Industrial Research and Development Incentives Act 1976 Industry Research and Development Act 1986 Inspector‑General of Intelligence and Security Act 1986 Insurance Acquisitions and Takeovers Act 1991 Insurance Act 1973 Insurance (Agents and Brokers) Act 1984 Interstate Road Transport Act 1985 Life Insurance Act 1995 Marriage Act 1961 Meat Export Charge Collection Act 1984 Meat Inspection Act 1983 Migration Act 1958 Motor Vehicle Standards Act 1989 National Health Act 1953 National Occupational Health and Safety Commission Act 1985 Native Title Act 1993 Navigation Act 1912 Northern Territory (Self‑Government) Act 1978 Nuclear Non‑Proliferation (Safeguards) Act 1987 Occupational Health and Safety (Commonwealth Employment) Act 1991 Occupational Health and Safety (Maritime Industry) Act 1993 Offshore Minerals Act 1994 Ombudsman Act 1976 Passenger Movement Charge Collection Act 1978 Passports Act 1938 Petroleum Excise (Prices) Act 1987 Pooled Development Funds Act 1992 Prawn Export Promotion Act 1995 Prices Surveillance Act 1983 Primary Industries Levies and Charges Collection Act 1991 Proceeds of Crime Act 1987 Protection of Movable Cultural Heritage Act 1986 Public Lending Right Act 1985 Public Service Act 1999 Quarantine Act 1908 Racial Discrimination Act 1975 Radiocommunications Act 1992 Resource Assessment Commission Act 1989 Retirement Savings Accounts Act 1997 Seat of Government (Administration) Act 1910 Secret Commissions Act 1905 Sex Discrimination Act 1984 Ships (Capital Grants) Act 1987 Spirits Act 1906 Stevedoring Industry Levy Collection Act 1977 Student Assistance Act 1973 Superannuation Act 1976 Superannuation Industry (Supervision) Act 1993 Sydney Airport Demand Management Act 1997 Taxation Administration Act 1953 Telecommunications (Interception) Act 1979 Torres Strait Fisheries Act 1984 Veterans' Entitlements Act 1986 Wool Tax (Administration) Act 1964 Workplace Relations Act 1996 Part 2—Transitional provisions An Act to amend the Criminal Code Act 1995, and for other purposes [Assented to 24 November 2000] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000. 2 Commencement (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent: (a) sections 1, 2 and 3; (b) items 1, 4, 6, 7, 9, 10, 11 and 32 of Schedule 1. (2) Subject to this section, the provisions of this Act that are not covered by subsection (1) commence on a day to be fixed by Proclamation. (3) If item 15 of Schedule 1 to this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the provisions of this Act that are not covered by subsection (1) commence on the first day after the end of that period. This subsection has effect subject to the following subsections of this section. (5) If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act 2000 commences before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 2 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986. (9) If the Superannuation Act 1976 is repealed before the commencement of item 15 of Schedule 1 to this Act, this Act has effect as if the amendments of the Superannuation Act 1976 contained in Schedule 2 to this Act were amendments of the Superannuation Act 1976 as that Act continues to apply under subsection 11(1) of the Superannuation Legislation (Commonwealth Employment—Saving and Transitional Provisions) Act 2000. 3 Schedule(s) (1) Subject to section 2, each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General. Schedule 1—Amendment of the Criminal Code Act 1995 1A Section 3B Omit "An installation", substitute "Unless the contrary intention appears, an installation". 1 After section 4 Insert: 5 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 2 The Schedule (section 3.2 of the Criminal Code, note) Omit "Note", substitute "Note 1". 3 The Schedule (at the end of section 3.2 of the Criminal Code) Add: Note 2: See Part 2.7 on geographical jurisdiction. 4 The Schedule (subsection 4.1(2) of the Criminal Code) Insert: engage in conduct means: (a) do an act; or (b) omit to perform an act. 5 The Schedule (section 5.1 of the Criminal Code, example) Repeal the example. 6 The Schedule (section 5.6 of the Criminal Code) Omit "of an offence" (wherever occurring). 7 The Schedule (at the end of Part 2.3 of the Criminal Code) Add: 10.5 Lawful authority A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law. 7A After subsection 11.1(3) Insert: (3A) Subsection (3) has effect subject to subsection (6A). 7B After subsection 11.1(6) Insert: (6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence. 8 The Schedule (subsection 11.1(7) of the Criminal Code) Omit "or section 11.5 (conspiracy)", substitute ", section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud)". 8A After subsection 11.2(3) Insert: (3A) Subsection (3) has effect subject to subsection (6). 8B At the end of section 11.2 Add: (6) Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence. 8C After subsection 11.4(2) Insert: (2A) Subsection (2) has effect subject to subsection (4A). 8D After subsection 11.4(4) Insert: (4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence. 8E After subsection 11.5(2) Insert: (2A) Subsection (2) has effect subject to subsection (7A). 8F After subsection 11.5(7) Insert: (7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence. 9 The Schedule (subsection 11.6(1) of the Criminal Code) Omit "an Act to an offence against an Act", substitute "a law of the Commonwealth to an offence against a law of the Commonwealth". 10 The Schedule (subsections 11.6(2) and (3) of the Criminal Code) Omit "an Act", substitute "a law of the Commonwealth". 11 The Schedule (at the end of section 11.6 of the Criminal Code (before the note)) Add: (4) In particular, an express reference in a law of the Commonwealth to: (a) an offence against, under or created by the Crimes Act 1914; or (b) an offence against, under or created by a particular provision of the Crimes Act 1914; or (c) an offence arising out of the first‑mentioned law or another law of the Commonwealth; or (d) an offence arising out of a particular provision; or (e) an offence against, under or created by the Taxation Administration Act 1953; does not mean that the first‑mentioned law is impliedly to the contrary effect. 12 The Schedule (after Part 2.6 of the Criminal Code) Insert: Part 2.7—Geographical jurisdiction Division 14—Standard geographical jurisdiction 14.1 Standard geographical jurisdiction (1) This section may apply to a particular offence in either of the following ways: (a) unless the contrary intention appears, this section applies to the following offences: (i) a primary offence, where the provision creating the offence commences at or after the commencement of this section; (ii) an ancillary offence, to the extent to which it relates to a primary offence covered by subparagraph (i); (b) if a law of the Commonwealth provides that this section applies to a particular offence—this section applies to that offence. Note: In the case of paragraph (b), the expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). (2) If this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Defence—primary offence (3) If this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3). (4) For the purposes of the application of subsection 13.3(3) to an offence, subsection (3) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (5) If this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3). (6) For the purposes of the application of subsection 13.3(3) to an offence, subsection (5) of this section is taken to be an exception provided by the law creating the offence. Division 15—Extended geographical jurisdiction 15.1 Extended geographical jurisdiction—category A (1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) the conduct constituting the alleged offence occurs wholly outside Australia and: (i) at the time of the alleged offence, the person is an Australian citizen; or (ii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or (d) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.2 Extended geographical jurisdiction—category B (1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless: (a) the conduct constituting the alleged offence occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (b) the conduct constituting the alleged offence occurs wholly outside Australia and a result of the conduct occurs: (i) wholly or partly in Australia; or (ii) wholly or partly on board an Australian aircraft or an Australian ship; or (c) the conduct constituting the alleged offence occurs wholly outside Australia and: (i) at the time of the alleged offence, the person is an Australian citizen; or (ii) at the time of the alleged offence, the person is a resident of Australia; or (iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or (d) all of the following conditions are satisfied: (i) the alleged offence is an ancillary offence; (ii) the conduct constituting the alleged offence occurs wholly outside Australia; (iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.3 Extended geographical jurisdiction—category C (1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies: (a) whether or not the conduct constituting the alleged offence occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Defence—primary offence (2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and (a) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (b) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (c) there is not in force in: (i) the foreign country where the conduct constituting the alleged offence occurs; or (ii) the part of the foreign country where the conduct constituting the alleged offence occurs; a law of that foreign country, or that part of that foreign country, that creates an offence that corresponds to the first‑mentioned offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3). (3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence. Defence—ancillary offence (4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if: (a) the alleged offence is an ancillary offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (c) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and (d) the person is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (e) there is not in force in: (i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; or (ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence. Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3). (5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence. 15.4 Extended geographical jurisdiction—category D If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies: (a) whether or not the conduct constituting the alleged offence occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia. Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1). Division 16—Miscellaneous 16.1 Attorney‑General's consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances (1) Proceedings for an offence must not be commenced without the Attorney‑General's written consent if: (a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and (b) the conduct constituting the alleged offence occurs wholly in a foreign country; and (c) at the time of the alleged offence, the person alleged to have committed the offence is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory. (2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence before the necessary consent has been given. 16.2 When conduct taken to occur partly in Australia Sending things (1) For the purposes of this Part, if a person sends a thing, or causes a thing to be sent: (a) from a point outside Australia to a point in Australia; or (b) from a point in Australia to a point outside Australia; that conduct is taken to have occurred partly in Australia. Sending electronic communications (2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication: (a) from a point outside Australia to a point in Australia; or (b) from a point in Australia to a point outside Australia; that conduct is taken to have occurred partly in Australia. Point (3) For the purposes of this section, point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else. 16.3 Meaning of Australia (1) For the purposes of the application of this Part to a particular primary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence. (2) For the purposes of the application of this Part to a particular ancillary offence, Australia has the same meaning it would have if it were used in a geographical sense in the provision creating the primary offence to which the ancillary offence relates. (3) For the purposes of this Part, if a provision creating an offence extends to an external Territory, it is to be assumed that if the expression Australia were used in a geographical sense in that provision, that expression would include that external Territory. (4) This section does not affect the meaning of the expressions Australian aircraft, Australian citizen or Australian ship. 16.4 Result of conduct A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)). 13 The Schedule (section 70.1 of the Criminal Code, definition of foreign country) Repeal the definition. 14 The Schedule (subsection 70.5(4) of the Criminal Code) Repeal the subsection. 15 The Schedule (before Chapter 8 of the Criminal Code) Insert: Chapter 7—The proper administration of Government Part 7.1—Preliminary Division 130—Preliminary 130.1 Definitions In this Chapter: duty: (a) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that: (i) is conferred on the person as a Commonwealth public official; or (ii) the person holds himself or herself out as having as a Commonwealth public official; and (b) in relation to a person who is a public official—means any authority, duty, function or power that: (i) is conferred on the person as a public official; or (ii) the person holds himself or herself out as having as a public official. gain means: (a) a gain in property, whether temporary or permanent; or (b) a gain by way of the supply of services; and includes keeping what one has. loss means a loss in property, whether temporary or permanent, and includes not getting what one might get. obtaining includes: (a) obtaining for another person; and (b) inducing a third person to do something that results in another person obtaining. property includes: (a) real property; and (b) personal property; and (c) money; and (d) a thing in action or other intangible property; and (e) electricity; and (f) a wild creature that is: (i) tamed; or (ii) ordinarily kept in captivity; or (iii) reduced (or in the course of being reduced) into the possession of