3 ms·
"External Territories" here means Christmas Island, the Australian Antarctic Territory etc etc. When I say "extra-territoriality" I mean the application of law
by jacques_chester 8y ago
"External Territories" here means Christmas Island, the Australian Antarctic Territory etc etc. When I say "extra-territoriality" I mean the application of law outside of Australia's borders.
The "acts, ommissions, matters and things" appears to give extra-territoriality to subject matter but not to legal personalities (ie companies and people).
The "communications provider" part is very broad, and while in Australia I am definitely covered by it. But the courts will not generally interpret legislation as having extra-territorial effect unless it explicitly says so. Otherwise every Act would need a stuff like "ps. the Fisheries Amendments (Rex Hunt Is A Wanker) Act is non-territorial".
My question is not about whether a legal personality (ie, a company) is affected if they have a physical-legal presence in Australia, because of course they are affected. My question is whether someone like me, who is outside Australia's boundaries, can be served a notice while I am out of the country. On my reading it's still a "no".
But I am still not a lawyer.