South Australian Current Acts South Australian Current Acts (1) In proceedings for
an offence against a law of the State, the existence of the
necessary territorial nexus will be presumed and the presumption is conclusive
unless rebutted under subsection (2).
(2) If a person
charged with an offence disputes the existence of the necessary territorial
nexus, the court will proceed with the trial of the offence in the usual way
and if at the conclusion of the trial, the court is satisfied, on the balance
of probabilities, that the necessary territorial nexus does not exist, it
must, subject to subsection (3), make a finding to that effect and the
charge will be dismissed.
(3) If the court
would, disregarding territorial considerations, find the person not guilty of
the offence, the court must—
(a) if
the finding is based on the defendant's mental impairment—record a
finding of not guilty on the ground of mental impairment; and
(b) in
any other case—record a finding of not guilty.
(4) The issue of
whether the necessary territorial nexus exists must, if raised before the
trial, be reserved for consideration at the trial.
(5) A power or
authority exercisable on reasonable suspicion that an offence has been
committed may be exercised in the State if the person in whom the power or
authority is vested suspects on reasonable grounds that the elements necessary
to constitute the offence exist (whether or not that person suspects or has
any ground to suspect that the necessary territorial nexus exists).