4 ms·
> regardless of where in the world they're working I don't think this is correct. The legislation as drafted didn't seem to claim extra-territoriality and cour
by jacques_chester 7y ago
> regardless of where in the world they're working
I don't think this is correct. The legislation as drafted didn't seem to claim extra-territoriality and courts will basically never interpret legislation as being extra-territorial without an explicit clause.
There's also the point that if you are overseas and refuse to comply with a request by ASIO or whathaveyou, they can't legally arrest you outside of Australia. In theory they'd need to ask for your extradition, but that requires equivalent laws to be in operation in the country you're extraditing from. But you'd be at risk of arrest upon returning to Australia.
That doesn't stop it from being a terrible law. And it also doesn't stop me from not being a lawyer who isn't giving legal advice.