Trial of offences constituted by refusal, failure or omission to act
(1) This section applies to an offence against this Act, a physical element of which is: (a) a refusal, failure or omission to act; or (b) a contravention constituted by a refusal, failure or omission to act. (2) A person may be charged with, and convicted of, the offence as if the place of the refusal, failure, omission or contravention were any of the following: (a) the place where the person should have done the act; (b) the person’s usual place of residence at the time the act should have been done; (c) the person’s place of residence last known to the Official Receiver. (3) Subsection (2) is subject to section 80 of the Constitution. (4) Subsection (2) does not apply to an offence against subsection 264A(1A), 264C(1) or 267F(1).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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