The Exercise of Extraterritorial Jurisdiction in Transnational Criminal Cases: An Australian Perspective

This chapter explores the application of extraterritorial criminal law jurisdiction in Australia, presenting a forward-looking perspective to improve consistency, predictability, and transparency in prosecuting transnational crime within Australia. It provides a comprehensive overview of the jurisdictional scheme and how it works in practice. The discussion highlights the limitations of the current scheme, especially by taking into account international legal developments. The chapter also offers practical improvements to how the system operates, with suggestions for improved consistency and transparency in decision-making while considering the independence of those responsible for investigating and prosecuting transnational crime. In addition, bearing in mind the practical importance of cross-border information-sharing regimes in the context of investigating and prosecuting transnational crime, the chapter is particularly attuned to recent debates on this topic.