Skip to main content
Home - smartraveller.gov.au, be informed, be prepared - logo
Smartraveller
Facebook
Twitter
Instagram

Search Smartraveller

Browse destinations

Main navigation

  • HomeHome
  • Before you go
    • The basics
      • Planning to travel during COVID-19: step by step
      • Destinations
      • Passport services
      • Visas
      • Insurance
      • Schengen
      • Travel advice explained
    • Who you are
      • Children
      • Dual nationals
      • LGBTI++
      • Mature
      • School leavers
      • Women
    • Activities
      • Adoption
      • Adventure
      • Backpacking
      • Business
      • Living and working overseas
      • Marriage
      • Studying
      • Surrogacy
      • Volunteering
    • Major events
      • Cultural events
      • Religious events
      • Sporting events
    • Health
      • Mental health
      • Disability
      • Infectious diseases
      • Medical assistance overseas
      • Medical tourism
      • Medication
      • Pregnancy
      • Reciprocal health
      • Vaccinations
      • Death
    • Staying safe
      • Armed conflict
      • Assault
      • Cyber security
      • Demonstrations
      • Earthquakes and tsunamis
      • Kidnapping
      • Natural disasters
      • Partying safely
      • Piracy
      • Scams
      • Severe weather
      • Sexual assault
      • Terrorism
      • Theft and robbery
    • Laws
      • Carrying or using drugs
      • Child sex offences
      • Female genital mutilation
      • Forced marriage
    • Getting around
      • Air travel
      • Boat travel
      • Cruising
      • Public transport
      • Road safety
  • Destinations
    • View all destinations
    • AfricaBrowse destinations in Africa.
    • AmericasBrowse all destinations in the Americas.
    • AsiaBrowse all destinations in Asia.
    • EuropeBrowse all destinations in Europe.
    • Middle EastBrowse all destinations in the Middle East.
    • PacificBrowse all destinations in the Pacific.
  • While you're away
    • When things go wrong
      • Arrested or jailed
      • Lost property
      • Medical assistance
      • Money problems
      • Someone is missing
      • Someone died
    • Crime overseas
      • Assaulted
      • Kidnapped
      • Robbed or mugged
      • Scammed
      • Sexually assaulted
    • Crisis or emergency
      • Demonstration
      • Armed conflict
      • Earthquake
      • Severe weather
      • Terrorist situation
      • Volcanic eruption
      • Bushfire
      • Nuclear incident
    • Australia's biosecurity and border controls
  • Urgent helpLinks to help
  • Our servicesLinks to services
    • Consular Services Charter
      • Arabic
      • Chinese Simplified
      • Chinese Traditional
      • Indonesian
      • Thai
      • Vietnamese
    • Travel advice explained
    • Subscription
    • Crises
    • Passport services
    • Notarial services
      • Documents
      • Documents in Australia
      • Documents overseas
      • Certificate of No Impediment
      • Notarial forms
    • Voting overseas
    • Communities
      • العربية (Arabic)
      • Bahasa Indonesia
      • 中文 简体 (Chinese Simplified)
      • 中文繁體 (Chinese Traditional)
      • 日本語 (Japanese)
      • ภาษาไทย (Thai)
      • Tiếng Việt (Vietnamese)
      • Filipino community
      • Indian community
    • Resources
      • Consular State of Play
      • CHOICE travel insurance guide
      • Fact sheet: Travel Smart
      • Fact sheet: Missing overseas
      • Fact sheet: Arrested or jailed overseas
      • Fact sheet: Sexual assault overseas
      • Fact sheet: Death overseas
      • Consular Privacy Collection Statement
Breadcrumb
  1. Home
  2. Staying within the law

Staying within the law

Last Updated
Thursday, 28/07/2022

 

When travelling overseas, you're subject to all local laws and penalties, including those that may appear harsh by Australian standards.

This page provides information and advice on:

  • learning the local laws
  • extraterritorial jurisdiction
  • obeying the laws overseas
  • what happens if you break the law

Also see our information for specific offences. This includes drugs, forced marriage, female genital mutilation and child sex offenses.

This page is for Australians planning to travel overseas. If you're overseas and in trouble with the law, see our arrested or jailed page.

Learn the local laws

It's your responsibility to research the local laws in your destination – and obey them.

Like in Australia, ignorance is no excuse for breaking the law. Local police are unlikely to accept 'I didn't know' as an excuse.

Local laws

Don't assume a country that's culturally similar to Australia has the same laws. Still research your destination.

  • Local laws may reflect the local religion and customs. Learning about, and respecting, the local religion can help you stay within the law.
  • Your medication could be illegal. Even with an Australian prescription, you could be arrested for carrying or using drugs.
  • Authorities may apply the law inconsistently. This may depend on who you are, or the situation when you broke the law.
  • Some local laws discriminate against certain populations. This is particular the case for women and LGBTI travellers in conservative countries.
  • Bribery, under any name, is illegal. Don't give anything to an overseas official in return for special treatment.

Local laws for dual nationals

If you're a dual national in your destination, local laws may impact you differently. For example:

  • if you're in trouble with the law, authorities in your destination may not allow the Australian Government to assist you
  • local laws may state you must do military service in the country of your other nationality

See our general advice for dual nationals.

How to find out about local laws

  • Read the travel advisory for the destinations you're travelling to, or through. Each has a section called 'local laws' with some key ones to consider.
  • Contact your destination's embassy or consulate in Australia.
  • Get independent legal advice. You may need to find a lawyer in your destination.
  • For international legal advice, including legalising documents, some Australian lawyers can help. Find an Australian Notary Public.

Extraterritorial jurisdiction

Extraterritorial jurisdiction gives government the authority to extend its laws beyond its borders. Some Australian criminal laws apply to Australians even when you’re overseas, such as those relating to:

  • money laundering
  • bribery of foreign public officials
  • terrorism
  • human trafficking
  • modern slavery
  • forced marriage
  • child sex offences.

You also risk prosecution under Australian law if you engage in hostile activity overseas, or if you travel with the intention of engaging in hostile activity overseas. For more information, see the Australian National Security website. 

The provision of consular assistance doesn’t protect you from the consequences of actions that are prohibited under Australian law. Consular officials have to report serious criminal misconduct of this kind to the Australian Federal Police.

Obey the law

Obey the laws of the country you're visiting even if these appear harsh or unfair by Australian standards.

It doesn't matter if you agree with the law, or you think it isn't fair. Their laws are their laws, you just have to obey them.

Stay within the law. If you don't, local authorities could arrest or jail you.

If you break the law

If you break the law, you could be arrested and jailed. You'll have to work with the local legal and prison systems.

The Australian Government is committed to bringing Australians to justice when they commit crimes overseas.

  • Don't expect to be treated differently by authorities just because you're Australian.
  • Being underage may not get you lighter treatment from local authorities. Some countries charge and convict young people the same as adults.
  • Australian authorities could arrest you when you return home for a crime you committed overseas.

The Australian Government is limited in how and when we can help. We can't get you out of trouble, out of jail, or pay your legal bills or fines for you. Read the Consular Services Charter.

Stay within the law and you won't need our help.

See our information about what happens if you're arrested or jailed overseas.

Bribery of foreign officials

Bribery is illegal. You could be arrested or jailed overseas.

It is also a criminal offence under Australian law to bribe a foreign public official (AFP). Australian authorities could charge when you return to Australia.

Bribery can include:

  • cash payments
  • extravagant gifts
  • holidays
  • employment for friends or relatives
  • school fees paid for friends or relatives

Cash payments in the form of a 'tip' or 'facilitation payment' are still bribes.

Make sure you know the local slang before you go. If an official asks you for a bribe, in any form or under any slang name, don't do it.

Some slang names for bribery include:

  • 'baksheesh' in India and Egypt, in Greece its 'baksissi'
  • 'tea money' in Cambodia and Thailand, in many countries it's a translation of this
  • 'kickback' or 'sweetener' in the US and many western countries

Read more about foreign bribery (Attorney-General's Department).

Information about specific offences overseas

Also see our pages on specific offences. These are:

  • carrying or using drugs
  • child sex offences
  • female genital mutilation
  • forced marriage

These pages are not just for potential offenders. They're also for people who are concerned an Australian may travel overseas to commit an offence.

Read more

  • Read the 'local laws' section of the travel advisories for all destinations you're travelling to, or through.
  • Local laws may impact dual nationals differently
  • See our information about what happens if you're arrested or jailed overseas.

See also

  • Read more about bribery of foreign officials (AFP) and foreign bribery (Attorney-General's Department).
  • It's an offence in Australia for an Australian to commit a crime overseas (Attorney-General's Department).

Related content

Forced marriage

A marriage must be entered into with the full and free consent of both people. Learn more about forced marriage.

View details
Female genital mutilation (FGM)

Australian laws apply to acts of female genital mutilation overseas as well as domestically.

View details
Carrying or using drugs

Never buy, use or travel with illegal drugs when overseas.

View details

Main navigation

  • The basics
    • Planning to travel during COVID-19: step by step
    • Destinations
    • Passport services
    • Visas
    • Insurance
    • Schengen
    • Travel advice explained
  • Who you are
    • Children
    • Dual nationals
    • LGBTI++
    • Mature
    • School leavers
    • Women
  • Activities
    • Adoption
    • Adventure
    • Backpacking
    • Business
    • Living and working overseas
    • Marriage
    • Studying
    • Surrogacy
    • Volunteering
  • Major events
    • Cultural events
    • Religious events
    • Sporting events
  • Health
    • Mental health
    • Disability
    • Infectious diseases
    • Medical assistance overseas
    • Medical tourism
    • Medication
    • Pregnancy
    • Reciprocal health
    • Vaccinations
    • Death
  • Staying safe
    • Armed conflict
    • Assault
    • Cyber security
    • Demonstrations
    • Earthquakes and tsunamis
    • Kidnapping
    • Natural disasters
    • Partying safely
    • Piracy
    • Scams
    • Severe weather
    • Sexual assault
    • Terrorism
    • Theft and robbery
  • Laws
    • Carrying or using drugs
    • Child sex offences
    • Female genital mutilation
    • Forced marriage
  • Getting around
    • Air travel
    • Boat travel
    • Cruising
    • Public transport
    • Road safety

Was this information helpful?

Your feedback will help us improve your experience.

Emergency consular assistance

The Australian Government provides 24-hour consular emergency assistance.

+61 2 6261 3305 from overseas

1300 555 135 from within Australia

For how we can help you overseas see the Consular Services Charter.

Enquiries and feedback

For non-urgent enquiries, or to provide feedback on consular services that you've recently received, contact us online.

For information on notarial services, email legalisations.australia@dfat.gov.au

For information about Australian visas, contact the Department of Home Affairs.

About us

Smartraveller is provided by the Australian Department of Foreign Affairs and Trade

For more information go to about us.

Information in other languages

Find information in other languages.

 

Follow us

Facebook

Twitter

Instagram

RSS

News and resources

Read our latest news.

View resources for travel industry and media.

Footer

Australian Government logo. Department of Foreign Affairs and Trade
  • Privacy policy
  • Copyright
  • Cookies and analytics
  • Accessibility
  • Disclaimer
  • Legal
  • Sitemap

Main navigation

  • HomeHome
  • Before you go
    • The basics
      • Planning to travel during COVID-19: step by step
      • Destinations
      • Passport services
      • Visas
      • Insurance
      • Schengen
      • Travel advice explained
    • Who you are
      • Children
      • Dual nationals
      • LGBTI++
      • Mature
      • School leavers
      • Women
    • Activities
      • Adoption
      • Adventure
      • Backpacking
      • Business
      • Living and working overseas
      • Marriage
      • Studying
      • Surrogacy
      • Volunteering
    • Major events
      • Cultural events
      • Religious events
      • Sporting events
    • Health
      • Mental health
      • Disability
      • Infectious diseases
      • Medical assistance overseas
      • Medical tourism
      • Medication
      • Pregnancy
      • Reciprocal health
      • Vaccinations
      • Death
    • Staying safe
      • Armed conflict
      • Assault
      • Cyber security
      • Demonstrations
      • Earthquakes and tsunamis
      • Kidnapping
      • Natural disasters
      • Partying safely
      • Piracy
      • Scams
      • Severe weather
      • Sexual assault
      • Terrorism
      • Theft and robbery
    • Laws
      • Carrying or using drugs
      • Child sex offences
      • Female genital mutilation
      • Forced marriage
    • Getting around
      • Air travel
      • Boat travel
      • Cruising
      • Public transport
      • Road safety
  • Destinations
    • View all destinations
    • AfricaBrowse destinations in Africa.
    • AmericasBrowse all destinations in the Americas.
    • AsiaBrowse all destinations in Asia.
    • EuropeBrowse all destinations in Europe.
    • Middle EastBrowse all destinations in the Middle East.
    • PacificBrowse all destinations in the Pacific.
  • While you're away
    • When things go wrong
      • Arrested or jailed
      • Lost property
      • Medical assistance
      • Money problems
      • Someone is missing
      • Someone died
    • Crime overseas
      • Assaulted
      • Kidnapped
      • Robbed or mugged
      • Scammed
      • Sexually assaulted
    • Crisis or emergency
      • Demonstration
      • Armed conflict
      • Earthquake
      • Severe weather
      • Terrorist situation
      • Volcanic eruption
      • Bushfire
      • Nuclear incident
    • Australia's biosecurity and border controls
  • Urgent helpLinks to help
  • Our servicesLinks to services
    • Consular Services Charter
      • Arabic
      • Chinese Simplified
      • Chinese Traditional
      • Indonesian
      • Thai
      • Vietnamese
    • Travel advice explained
    • Subscription
    • Crises
    • Passport services
    • Notarial services
      • Documents
      • Documents in Australia
      • Documents overseas
      • Certificate of No Impediment
      • Notarial forms
    • Voting overseas
    • Communities
      • العربية (Arabic)
      • Bahasa Indonesia
      • 中文 简体 (Chinese Simplified)
      • 中文繁體 (Chinese Traditional)
      • 日本語 (Japanese)
      • ภาษาไทย (Thai)
      • Tiếng Việt (Vietnamese)
      • Filipino community
      • Indian community
    • Resources
      • Consular State of Play
      • CHOICE travel insurance guide
      • Fact sheet: Travel Smart
      • Fact sheet: Missing overseas
      • Fact sheet: Arrested or jailed overseas
      • Fact sheet: Sexual assault overseas
      • Fact sheet: Death overseas
      • Consular Privacy Collection Statement