Can I get in trouble for something I did overseas, even if it's not illegal there?

In Plain English

Yes, you might get in trouble in for something you did overseas, even if it wasn't against the law where you did it. Here's why:

  • If you're an Australian citizen or company: Laws can apply to you even when you're overseas.
  • If your actions affect Australia: If what you did overseas has consequences in , you could be held accountable under law.
  • Some laws specifically cover actions overseas: Some legislation is designed to deal with certain actions by Australians, no matter where they occur. For example, the Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017 makes it a crime for certain registered child sex offenders to leave Australia.

However, there are also some defenses available. For example, you may not be guilty of an offence if the conduct occurred wholly in a foreign country, you are not an Australian citizen or body corporate, and there is no corresponding law in that foreign country.

Detailed Explanation

Several pieces of legislation address the issue of actions overseas and their consequences under law.

  • Citizenship and Residency: The Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Treasury Laws Amendment (2017 Measures No. 5) Act 2018 outline circumstances where conduct outside of can be subject to civil penalties if the person is an Australian citizen, a resident of , or a body corporate incorporated under law.
  • Extended Geographical Jurisdiction: The Criminal Code Act 1995 details different categories of extended geographical jurisdiction for offences. For example, section 15.2 states that category B jurisdiction applies to an offence, it applies whether or not the conduct constituting the alleged offence occurs in .
  • Defences: The Criminal Code Act 1995 also provides defences in sections 15.1 and 15.3 if the conduct occurred wholly in a foreign country, the person is not an Australian citizen or body corporate, and there is no corresponding law in that foreign country. The defendant bears an evidential burden in relation to these matters.
  • Attorney-General's Consent: In some cases, proceedings for an offence that occurred wholly in a foreign country require the Attorney-General's written consent if the person is not an Australian citizen or a body corporate incorporated under law (see section 16.1 of the Criminal Code Act 1995).
  • Specific Legislation: The Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017 creates an offence for Australian citizens who are registered child protection offenders with reporting obligations to leave without permission.
  • **Crimes (Overseas) Act 1964](https://www.legislation.gov.au/C1964A00116/latest/text): This Act outlines scenarios where law can apply to acts committed by Australians overseas, particularly when they are undertaking tasks or projects on behalf of or under agreements with . It also considers situations where individuals have immunity from prosecution in the foreign country.
  • **Crimes (Ships and Fixed Platforms) Act 1992](https://www.legislation.gov.au/C2004A04464/latest/text): This Act extends to acts, matters, and things outside , and to all persons regardless of nationality or citizenship.
  • **Foreign Proceedings (Excess of Jurisdiction) Act 1984](https://www.legislation.gov.au/C2004A02867/latest/text): This Act allows the Attorney-General to make orders prohibiting certain actions related to foreign court proceedings, especially if those proceedings affect trade, commerce, or external affairs.