SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 3. – Application of the Criminal Law.

12. TERRITORIAL APPLICATION OF THE CODE.

(1) This Code applies to every person who is in Papua New Guinea at the time of his doing any act or making any omission which constitutes an offence.

(2) Where offences are of such a nature that they comprise several elements, if–

(a) any acts, omissions or events actually occur which, if they all occurred in Papua New Guinea, would constitute an offence ; and
(b) any of the acts, or omissions or events occur in Papua New Guinea,
then–
(c) if the act or omission that, in the case of an offence wholly committed in Papua New Guinea, would be the initial element of the offence, occurs in Papua New Guinea, the person who does that act or makes that omission is guilty of an offence of the same kind, and is liable to the same punishment, as if all the subsequent elements of the offence had occurred in Papua New Guinea ; and
(d) if the act or omission occurs outside Papua New Guinea, and the person who does the act or makes the omission afterwards comes into Papua New Guinea, he is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if–

(i) the act or omission had occurred in Papua New Guinea ; and
(ii) he had been in Papua New Guinea when it occurred.

(3) In a case referred to in Subsection (2)(d), it is a defence to the charge to prove that the accused person did not intend that the act or omission should have effect in Papua New Guinea.

(4) Subject to Subsection (5), this section does not extend to a case in which the only material event that occurs in Papua New Guinea is the death of a person whose death is caused by an act done or omitted to be done outside Papua New Guinea, and at a time when he was not in Papua New Guinea.

(5) The Code shall have extra-territorial effect so as to give effect to the Offences (Overseas) Act 1984.

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 3. – Application of the Criminal Law.

13. OFFENCES PROCURED OR COUNSELLED BY PERSONS OUTSIDE PAPUA NEW GUINEA.

(1) A person who–

(a) while outside Papua New Guinea procures another person to do or omit to do an act in Papua New Guinea of such a nature that, if he had himself done the act or made the omission, in Papua New Guinea, he would have been guilty of an offence ; and
(b) afterwards comes into Papua New Guinea,
is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Papua New Guinea.

(2) A person who–

(a) while outside Papua New Guinea counsels or procures the commission of an offence that is actually committed in Papua New Guinea ; and
(b) afterwards comes into Papua New Guinea,
is guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Papua New Guinea when the offence was committed.

14. OFFENCES PROCURED IN PAPUA NEW GUINEA TO BE COMMITTED OUTSIDE PAPUA NEW GUINEA.

(1) A person who, while in Papua New Guinea, procures another person to do an act or make an omission at a place outside Papua New Guinea of such a nature that–

(a) if he had himself done the act or made the omission in Papua New Guinea, he would have been guilty of an offence ; and
(b) if he had himself done the act or made the omission, he would have been guilty of an offence under the law in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Papua New Guinea.

(2) The punishment for an offence by virtue of Subsection (1) shall not exceed the punishment that the offender would have incurred under the law in force in the place where the act was done or the omission was made, if he had himself done the act or made the omission.

(3) A prosecution cannot be instituted under this section except at the request of the Government of the State having jurisdiction in the place where the act or omission occurs.