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Criminal Code Act 1995
No. 12, 1995
In force
Administered by
Attorney-General's Department
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C2012C00306 C76
27 December 2011
-
03 April 2012
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Volume 1
1 Short title
2 Commencement
3 The Criminal Code
3A External Territories
3B Offshore installations
4 Definitions
5 Regulations
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Schedule—The Criminal Code
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Chapter 1—Codification
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Division 1
1.1 Codification
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Chapter 2—General principles of criminal responsibility
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Part 2.1—Purpose and application
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Division 2
2.1 Purpose
2.2 Application
2.3 Application of provisions relating to intoxication
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Part 2.2—The elements of an offence
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Division 3—General
3.1 Elements
3.2 Establishing guilt in respect of offences
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Division 4—Physical elements
4.1 Physical elements
4.2 Voluntariness
4.3 Omissions
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Division 5—Fault elements
5.1 Fault elements
5.2 Intention
5.3 Knowledge
5.4 Recklessness
5.5 Negligence
5.6 Offences that do not specify fault elements
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Division 6—Cases where fault elements are not required
6.1 Strict liability
6.2 Absolute liability
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Part 2.3—Circumstances in which there is no criminal responsibility
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Division 7—Circumstances involving lack of capacity
7.1 Children under 10
7.2 Children over 10 but under 14
7.3 Mental impairment
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Division 8—Intoxication
8.1 Definition—self-induced intoxication
8.2 Intoxication (offences involving basic intent)
8.3 Intoxication (negligence as fault element)
8.4 Intoxication (relevance to defences)
8.5 Involuntary intoxication
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Division 9—Circumstances involving mistake or ignorance
9.1 Mistake or ignorance of fact (fault elements other than negligence)
9.2 Mistake of fact (strict liability)
9.3 Mistake or ignorance of statute law
9.4 Mistake or ignorance of subordinate legislation
9.5 Claim of right
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Division 10—Circumstances involving external factors
10.1 Intervening conduct or event
10.2 Duress
10.3 Sudden or extraordinary emergency
10.4 Self-defence
10.5 Lawful authority
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Part 2.4—Extensions of criminal responsibility
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Division 11
11.1 Attempt
11.2 Complicity and common purpose
11.2A Joint commission
11.3 Commission by proxy
11.4 Incitement
11.5 Conspiracy
11.6 References in Acts to offences
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Part 2.5—Corporate criminal responsibility
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Division 12
12.1 General principles
12.2 Physical elements
12.3 Fault elements other than negligence
12.4 Negligence
12.5 Mistake of fact (strict liability)
12.6 Intervening conduct or event
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Part 2.6—Proof of criminal responsibility
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Division 13
13.1 Legal burden of proof—prosecution
13.2 Standard of proof—prosecution
13.3 Evidential burden of proof—defence
13.4 Legal burden of proof—defence
13.5 Standard of proof—defence
13.6 Use of averments
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Part 2.7—Geographical jurisdiction
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Division 14—Standard geographical jurisdiction
14.1 Standard geographical jurisdiction
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Division 15—Extended geographical jurisdiction
15.1 Extended geographical jurisdiction—category A
15.2 Extended geographical jurisdiction—category B
15.3 Extended geographical jurisdiction—category C
15.4 Extended geographical jurisdiction—category D
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Division 16—Miscellaneous
16.1 Attorney-General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
16.2 When conduct taken to occur partly in Australia
16.3 Meaning of Australia
16.4 Result of conduct
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Chapter 4—The integrity and security of the international community and foreign governments
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Division 70—Bribery of foreign public officials
70.1 Definitions
70.2 Bribing a foreign public official
70.3 Defence—conduct lawful in foreign public official’s country
70.4 Defence—facilitation payments
70.5 Territorial and nationality requirements
70.6 Saving of other laws
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Division 71—Offences against United Nations and associated personnel
71.1 Purpose
71.2 Murder of a UN or associated person
71.3 Manslaughter of a UN or associated person
71.4 Intentionally causing serious harm to a UN or associated person
71.5 Recklessly causing serious harm to a UN or associated person
71.6 Intentionally causing harm to a UN or associated person
71.7 Recklessly causing harm to a UN or associated person
71.8 Unlawful sexual penetration
71.9 Kidnapping a UN or associated person
71.10 Unlawful detention of UN or associated person
71.11 Intentionally causing damage to UN or associated person’s property etc.
71.12 Threatening to commit other offences
71.13 Aggravated offences
71.14 Defence—activities involving serious harm
71.15 Defence—medical or hygienic procedures
71.16 Jurisdictional requirement
71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences
71.18 Double jeopardy
71.19 Saving of other laws
71.20 Bringing proceedings under this Division
71.21 Ministerial certificates relating to proceedings
71.22 Jurisdiction of State courts preserved
71.23 Definitions
Division 72—Explosives and lethal devices
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Subdivision A—International terrorist activities using explosive or lethal devices
72.1 Purpose
72.2 ADF members not liable for prosecution
72.3 Offences
72.4 Jurisdictional requirement
72.5 Saving of other laws
72.6 Double jeopardy and foreign offences
72.7 Bringing proceedings under this Subdivision
72.8 Ministerial certificates relating to proceedings
72.9 Jurisdiction of State courts preserved
72.10 Definitions
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Subdivision B—Plastic explosives
72.11 Purpose
72.12 Trafficking in unmarked plastic explosives etc.
72.13 Importing or exporting unmarked plastic explosives etc.
72.14 Manufacturing unmarked plastic explosives etc.
72.15 Possessing unmarked plastic explosives etc.
72.16 Defences
72.17 Packaging requirements for plastic explosives
72.18 Authorisation for research etc.
72.19 Authorisation for defence and police purposes—15 year limit
72.20 Authorisation for existing stocks—3 year limit
72.21 Authorisation of manufacturers—6 month transitional period
72.22 Authorisation for overseas defence purposes—7 day limit
72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit
72.24 Forfeited plastic explosives
72.25 Surrendered plastic explosives
72.26 Destruction of plastic explosives obtained overseas for defence purposes
72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes
72.28 Delegation by Minister
72.29 Delegation by Minister for Defence
72.30 Review by Administrative Appeals Tribunal of authorisation decisions
72.31 Geographical jurisdiction
72.32 Saving of other laws
72.33 Marking requirements
72.34 Detection agents and minimum manufacture concentrations
72.35 Presumption as to concentration of detection agent
72.36 Definitions
Division 73—People smuggling and related offences
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Subdivision A—People smuggling offences
73.1 Offence of people smuggling
73.2 Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.)
73.3 Aggravated offence of people smuggling (at least 5 people)
73.3A Supporting the offence of people smuggling
73.4 Jurisdictional requirement
73.5 Attorney-General’s consent required
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Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries
73.6 Meaning of travel or identity document
73.7 Meaning of false travel or identity document
73.8 Making, providing or possessing a false travel or identity document
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
73.11 Taking possession of or destroying another person’s travel or identity document
73.12 Jurisdictional requirement
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Chapter 5—The security of the Commonwealth
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Part 5.1—Treason and urging violence
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Division 80—Treason and urging violence
Subdivision A—Preliminary
80.1A Definition of organisation
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Subdivision B—Treason
80.1 Treason
80.1AA Treason—materially assisting enemies etc.
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Subdivision C—Urging violence
80.2 Urging violence against the Constitution etc.
80.2A Urging violence against groups
80.2B Urging violence against members of groups
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Subdivision D—Common provisions
80.3 Defence for acts done in good faith
80.4 Extended geographical jurisdiction for offences
80.6 Division not intended to exclude State or Territory law
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Part 5.2—Offences relating to espionage and similar activities
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Division 90—Preliminary
90.1 Definitions
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Division 91—Offences relating to espionage and similar activities
91.1 Espionage and similar activities
91.2 Defence—information lawfully available
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Division 93—Prosecutions and hearings
93.1 Institution of prosecution
93.2 Hearing in camera etc.
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Division 94—Forfeiture
94.1 Forfeiture of articles etc.
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Part 5.3—Terrorism
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Division 100—Preliminary
100.1 Definitions
100.2 Referring States
100.3 Constitutional basis for the operation of this Part
100.4 Application of provisions
100.5 Application of Acts Interpretation Act 1901
100.6 Concurrent operation intended
100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
100.8 Approval for changes to or affecting this Part
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Division 101—Terrorism
101.1 Terrorist acts
101.2 Providing or receiving training connected with terrorist acts
101.4 Possessing things connected with terrorist acts
101.5 Collecting or making documents likely to facilitate terrorist acts
101.6 Other acts done in preparation for, or planning, terrorist acts
Division 102—Terrorist organisations
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Subdivision A—Definitions
102.1 Definitions
102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security
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Subdivision B—Offences
102.2 Directing the activities of a terrorist organisation
102.3 Membership of a terrorist organisation
102.4 Recruiting for a terrorist organisation
102.5 Training a terrorist organisation or receiving training from a terrorist organisation
102.6 Getting funds to, from or for a terrorist organisation
102.7 Providing support to a terrorist organisation
102.8 Associating with terrorist organisations
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Subdivision C—General provisions relating to offences
102.9 Extended geographical jurisdiction for offences
102.10 Alternative verdicts
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Division 103—Financing terrorism
103.1 Financing terrorism
103.2 Financing a terrorist
103.3 Extended geographical jurisdiction for offences
Division 104—Control orders
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Subdivision A—Object of this Division
104.1 Object of this Division
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Subdivision B—Making an interim control order
104.2 Attorney-General’s consent to request an interim control order
104.3 Requesting the court to make an interim control order
104.4 Making an interim control order
104.5 Terms of an interim control order
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Subdivision C—Making an urgent interim control order
104.6 Requesting an urgent interim control order by electronic means
104.7 Making an urgent interim control order by electronic means
104.8 Requesting an urgent interim control order in person
104.9 Making an urgent interim control order in person
104.10 Obtaining the Attorney-General’s consent within 4 hours
104.11 Court to assume that exercise of power not authorised by urgent interim control order
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Subdivision D—Confirming an interim control order
104.12 Service, explanation and notification of an interim control order
104.12A Election to confirm control order
104.13 Lawyer may request a copy of an interim control order
104.14 Confirming an interim control order
104.15 When a declaration, or a revocation, variation or confirmation of a control order, is in force
104.16 Terms of a confirmed control order
104.17 Service of a declaration, or a revocation, variation or confirmation of a control order
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Subdivision E—Rights in respect of a control order
104.18 Application by the person for a revocation or variation of a control order
104.19 Application by the AFP Commissioner for a revocation or variation of a control order
104.20 Revocation or variation of a control order
104.21 Lawyer may request a copy of a control order
104.22 Treatment of photographs and impressions of fingerprints
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Subdivision F—Adding obligations, prohibitions or restrictions to a control order
104.23 Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions
104.24 Varying a control order
104.25 Terms of a varied control order
104.26 Service and explanation of a varied control order
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Subdivision G—Contravening a control order
104.27 Offence for contravening a control order
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Subdivision H—Miscellaneous
104.28 Special rules for young people
104.28A Interlocutory proceedings
104.29 Reporting requirements
104.30 Requirement to notify Attorney-General of declarations, revocations or variations
104.31 Queensland public interest monitor functions and powers not affected
104.32 Sunset provision
Division 105—Preventative detention orders
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Subdivision A—Preliminary
105.1 Object
105.2 Issuing authorities for continued preventative detention orders
105.3 Police officer detaining person under a preventative detention order
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Subdivision B—Preventative detention orders
105.4 Basis for applying for, and making, preventative detention orders
105.5 No preventative detention order in relation to person under 16 years of age
105.5A Special assistance for person with inadequate knowledge of English language or disability
105.6 Restrictions on multiple preventative detention orders
105.7 Application for initial preventative detention order
105.8 Senior AFP member may make initial preventative detention order
105.9 Duration of initial preventative detention order
105.10 Extension of initial preventative detention order
105.10A Notice of application for continued preventative detention order
105.11 Application for continued preventative detention order
105.12 Judge, Federal Magistrate, AAT member or retired judge may make continued preventative detention order
105.13 Duration of continued preventative detention order
105.14 Extension of continued preventative detention order
105.14A Basis for applying for, and making, prohibited contact order
105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)
105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force)
105.17 Revocation of preventative detention order or prohibited contact order
105.18 Status of person making continued preventative detention order
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Subdivision C—Carrying out preventative detention orders
105.19 Power to detain person under preventative detention order
105.20 Endorsement of order with date and time person taken into custody
105.21 Requirement to provide name etc.
105.22 Power to enter premises
105.23 Power to conduct a frisk search
105.24 Power to conduct an ordinary search
105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
105.26 Release of person from preventative detention
105.27 Arrangement for detainee to be held in State or Territory prison or remand centre
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Subdivision D—Informing person detained about preventative detention order
105.28 Effect of initial preventative detention order to be explained to person detained
105.29 Effect of continued preventative detention order to be explained to person detained
105.30 Person being detained to be informed of extension of preventative detention order
105.31 Compliance with obligations to inform
105.32 Copy of preventative detention order
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Subdivision E—Treatment of person detained
105.33 Humane treatment of person being detained
105.33A Detention of persons under 18
105.34 Restriction on contact with other people
105.35 Contacting family members etc.
105.36 Contacting Ombudsman etc.
105.37 Contacting lawyer
105.38 Monitoring contact under section 105.35 or 105.37
105.39 Special contact rules for person under 18 or incapable of managing own affairs
105.40 Entitlement to contact subject to prohibited contact order
105.41 Disclosure offences
105.42 Questioning of person prohibited while person is detained
105.43 Taking fingerprints, recordings, samples of handwriting or photographs
105.44 Use of identification material
105.45 Offences of contravening safeguards
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Subdivision F—Miscellaneous
105.46 Nature of functions of Federal Magistrate
105.47 Annual report
105.48 Certain functions and powers not affected
105.49 Queensland public interest monitor functions and powers not affected
105.50 Law relating to legal professional privilege not affected
105.51 Legal proceedings in relation to preventative detention orders
105.52 Review by State and Territory courts
105.53 Sunset provision
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Division 106—Transitional provisions
106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation
106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
106.3 Application provision
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Part 5.4—Harming Australians
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Division 115—Harming Australians
115.1 Murder of an Australian citizen or a resident of Australia
115.2 Manslaughter of an Australian citizen or a resident of Australia
115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia
115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia
115.5 Saving of other laws
115.6 Bringing proceedings under this Division
115.7 Ministerial certificates relating to proceedings
115.8 Geographical jurisdiction
115.9 Meaning of causes death or harm
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Chapter 7—The proper administration of Government
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Part 7.1—Preliminary
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Division 130—Preliminary
130.1 Definitions
130.2 When property belongs to a person
130.3 Dishonesty
130.4 Determination of dishonesty to be a matter for the trier of fact
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Part 7.2—Theft and other property offences
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Division 131—Theft
131.1 Theft
131.2 Special rules about the meaning of dishonesty
131.3 Appropriation of property
131.4 Theft of land or things forming part of land
131.5 Trust property
131.6 Obligation to deal with property in a particular way
131.7 Property obtained because of fundamental mistake
131.8 Property of a corporation sole
131.9 Property belonging to 2 or more persons
131.10 Intention of permanently depriving a person of property
131.11 General deficiency
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Division 132—Other property offences
132.1 Receiving
132.2 Robbery
132.3 Aggravated robbery
132.4 Burglary
132.5 Aggravated burglary
132.6 Making off without payment
132.7 Going equipped for theft or a property offence
132.8 Dishonest taking or retention of property
132.9 Geographical jurisdiction
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Part 7.3—Fraudulent conduct
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Division 133—Preliminary
133.1 Definitions
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Division 134—Obtaining property or a financial advantage by deception
134.1 Obtaining property by deception
134.2 Obtaining a financial advantage by deception
134.3 Geographical jurisdiction
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Division 135—Other offences involving fraudulent conduct
135.1 General dishonesty
135.2 Obtaining financial advantage
135.4 Conspiracy to defraud
135.5 Geographical jurisdiction
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Part 7.4—False or misleading statements
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Division 136—False or misleading statements in applications
136.1 False or misleading statements in applications
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Division 137—False or misleading information or documents
137.1 False or misleading information
137.2 False or misleading documents
137.3 Geographical jurisdiction
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Part 7.5—Unwarranted demands
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Division 138—Preliminary
138.1 Unwarranted demand with menaces
138.2 Menaces
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Division 139—Unwarranted demands
139.1 Unwarranted demands of a Commonwealth public official
139.2 Unwarranted demands made by a Commonwealth public official
139.3 Geographical jurisdiction
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Part 7.6—Bribery and related offences
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Division 140—Preliminary
140.1 Definition
140.2 Obtaining
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Division 141—Bribery
141.1 Bribery of a Commonwealth public official
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Division 142—Offences relating to bribery
142.1 Corrupting benefits given to, or received by, a Commonwealth public official
142.2 Abuse of public office
142.3 Geographical jurisdiction
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Part 7.7—Forgery and related offences
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Division 143—Preliminary
143.1 Definitions
143.2 False documents
143.3 False Commonwealth documents
143.4 Inducing acceptance of false documents
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Division 144—Forgery
144.1 Forgery
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Division 145—Offences relating to forgery
145.1 Using forged document
145.2 Possession of forged document
145.3 Possession, making or adaptation of devices etc. for making forgeries
145.4 Falsification of documents etc.
145.5 Giving information derived from false or misleading documents
145.6 Geographical jurisdiction
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Part 7.8—Causing harm to, and impersonation and obstruction of, Commonwealth public officials
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Division 146—Preliminary
146.1 Definitions
146.2 Causing harm
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Division 147—Causing harm to Commonwealth public officials
147.1 Causing harm to a Commonwealth public official etc.
147.2 Threatening to cause harm to a Commonwealth public official etc.
147.3 Geographical jurisdiction
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Division 148—Impersonation of Commonwealth public officials
148.1 Impersonation of an official by a non-official
148.2 Impersonation of an official by another official
148.3 Geographical jurisdiction
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Division 149—Obstruction of Commonwealth public officials
149.1 Obstruction of Commonwealth public officials
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Part 7.20—Miscellaneous
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Division 261—Miscellaneous
261.1 Saving of other laws
261.2 Contempt of court
261.3 Ancillary offences
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Volume 2
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Schedule—The Criminal Code
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Chapter 8—Offences against humanity and related offences
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
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Subdivision A—Introductory
268.1 Purpose of Division
268.2 Outline of offences
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Subdivision B—Genocide
268.3 Genocide by killing
268.4 Genocide by causing serious bodily or mental harm
268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
268.6 Genocide by imposing measures intended to prevent births
268.7 Genocide by forcibly transferring children
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Subdivision C—Crimes against humanity
268.8 Crime against humanity—murder
268.9 Crime against humanity—extermination
268.10 Crime against humanity—enslavement
268.11 Crime against humanity—deportation or forcible transfer of population
268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty
268.13 Crime against humanity—torture
268.14 Crime against humanity—rape
268.15 Crime against humanity—sexual slavery
268.16 Crime against humanity—enforced prostitution
268.17 Crime against humanity—forced pregnancy
268.18 Crime against humanity—enforced sterilisation
268.19 Crime against humanity—sexual violence
268.20 Crime against humanity—persecution
268.21 Crime against humanity—enforced disappearance of persons
268.22 Crime against humanity—apartheid
268.23 Crime against humanity—other inhumane act
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Subdivision D—War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
268.24 War crime—wilful killing
268.25 War crime—torture
268.26 War crime—inhumane treatment
268.27 War crime—biological experiments
268.28 War crime—wilfully causing great suffering
268.29 War crime—destruction and appropriation of property
268.30 War crime—compelling service in hostile forces
268.31 War crime—denying a fair trial
268.32 War crime—unlawful deportation or transfer
268.33 War crime—unlawful confinement
268.34 War crime—taking hostages
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Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict
268.35 War crime—attacking civilians
268.36 War crime—attacking civilian objects
268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.38 War crime—excessive incidental death, injury or damage
268.39 War crime—attacking undefended places
268.40 War crime—killing or injuring a person who is hors de combat
268.41 War crime—improper use of a flag of truce
268.42 War crime—improper use of a flag, insignia or uniform of the adverse party
268.43 War crime—improper use of a flag, insignia or uniform of the United Nations
268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions
268.45 War crime—transfer of population
268.46 War crime—attacking protected objects
268.47 War crime—mutilation
268.48 War crime—medical or scientific experiments
268.49 War crime—treacherously killing or injuring
268.50 War crime—denying quarter
268.51 War crime—destroying or seizing the enemy’s property
268.52 War crime—depriving nationals of the adverse power of rights or actions
268.53 War crime—compelling participation in military operations
268.54 War crime—pillaging
268.55 War crime—employing poison or poisoned weapons
268.56 War crime—employing prohibited gases, liquids, materials or devices
268.57 War crime—employing prohibited bullets
268.58 War crime—outrages upon personal dignity
268.59 War crime—rape
268.60 War crime—sexual slavery
268.61 War crime—enforced prostitution
268.62 War crime—forced pregnancy
268.63 War crime—enforced sterilisation
268.64 War crime—sexual violence
268.65 War crime—using protected persons as shields
268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.67 War crime—starvation as a method of warfare
268.68 War crime—using, conscripting or enlisting children
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Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict
268.69 Definition of religious personnel
268.70 War crime—murder
268.71 War crime—mutilation
268.72 War crime—cruel treatment
268.73 War crime—torture
268.74 War crime—outrages upon personal dignity
268.75 War crime—taking hostages
268.76 War crime—sentencing or execution without due process
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Subdivision G—War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict
268.77 War crime—attacking civilians
268.78 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.79 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.80 War crime—attacking protected objects
268.81 War crime—pillaging
268.82 War crime—rape
268.83 War crime—sexual slavery
268.84 War crime—enforced prostitution
268.85 War crime—forced pregnancy
268.86 War crime—enforced sterilisation
268.87 War crime—sexual violence
268.88 War crime—using, conscripting or enlisting children
268.89 War crime—displacing civilians
268.90 War crime—treacherously killing or injuring
268.91 War crime—denying quarter
268.92 War crime—mutilation
268.93 War crime—medical or scientific experiments
268.94 War crime—destroying or seizing an adversary’s property
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Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions
268.95 War crime—medical procedure
268.96 War crime—removal of blood, tissue or organs for transplantation
268.97 War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
268.98 War crime—attacking undefended places or demilitarized zones
268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
268.100 War crime—apartheid
268.101 War crime—attacking protected objects
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Subdivision J—Crimes against the administration of the justice of the International Criminal Court
268.102 Perjury
268.103 Falsifying evidence
268.104 Destroying or concealing evidence
268.105 Deceiving witnesses
268.106 Corrupting witnesses or interpreters
268.107 Threatening witnesses or interpreters
268.108 Preventing witnesses or interpreters
268.109 Preventing production of things in evidence
268.110 Reprisals against witnesses
268.111 Reprisals against officials of the International Criminal Court
268.112 Perverting the course of justice
268.113 Receipt of a corrupting benefit by an official of the International Criminal Court
268.114 Subdivision not to apply to certain conduct
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Subdivision K—Miscellaneous
268.115 Responsibility of commanders and other superiors
268.116 Defence of superior orders
268.117 Geographical jurisdiction
268.118 Double jeopardy
268.119 Offences related to exercise of jurisdiction of International Criminal Court
268.120 Saving of other laws
268.121 Bringing proceedings under this Division
268.122 Attorney-General’s decisions in relation to consents to be final
268.123 Legal representation
268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions
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Division 270—Slavery, sexual servitude and deceptive recruiting
270.1 Definition of slavery
270.2 Slavery is unlawful
270.3 Slavery offences
270.4 Definition of sexual servitude
270.5 Jurisdictional requirement
270.6 Sexual servitude offences
270.7 Deceptive recruiting for sexual services
270.8 Aggravated offences
270.9 Alternative verdict if aggravated offence not proven
270.12 Other laws not excluded
270.13 Double jeopardy
270.14 External Territories
Division 271—Trafficking in persons and debt bondage
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Subdivision A—Definitions
271.1 Definitions
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Subdivision B—Offences relating to trafficking in persons
271.2 Offence of trafficking in persons
271.3 Aggravated offence of trafficking in persons
271.4 Offence of trafficking in children
271.5 Offence of domestic trafficking in persons
271.6 Aggravated offence of domestic trafficking in persons
271.7 Offence of domestic trafficking in children
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Subdivision C—Offences relating to debt bondage
271.8 Offence of debt bondage
271.9 Offence of aggravated debt bondage
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Subdivision D—General provisions relating to offences under this Division
271.10 Jurisdictional requirement for offences other than offences related to domestic trafficking in persons
271.11 Jurisdictional requirement for offences related to domestic trafficking in persons
271.12 Other laws not excluded
271.13 Double jeopardy
Division 272—Child sex offences outside Australia
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Subdivision A—Preliminary
272.1 Definitions
272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity
272.3 Meaning of position of trust or authority
272.4 Meaning of sexual intercourse
272.5 Meaning of offence against this Division and extension of criminal responsibility
272.6 Who can be prosecuted for an offence committed outside Australia
272.7 Saving of other laws
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Subdivision B—Sexual offences against children outside Australia
272.8 Sexual intercourse with child outside Australia
272.9 Sexual activity (other than sexual intercourse) with child outside Australia
272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant
272.11 Persistent sexual abuse of child outside Australia
272.12 Sexual intercourse with young person outside Australia—defendant in position of trust or authority
272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority
272.14 Procuring child to engage in sexual activity outside Australia
272.15 “Grooming” child to engage in sexual activity outside Australia
272.16 Defence based on belief about age
272.17 Defence based on valid and genuine marriage
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Subdivision C—Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia
272.18 Benefiting from offence against this Division
272.19 Encouraging offence against this Division
272.20 Preparing for or planning offence against this Division
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Subdivision D—Video link evidence
272.21 When court may take evidence by video link
272.22 Technical requirements for video link
272.23 Application of laws about witnesses
272.24 Administration of oaths and affirmations
272.25 Expenses
272.26 Other laws about foreign evidence not affected
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Subdivision E—Other rules about conduct of trials
272.27 Evidence relating to a person’s age
272.28 Alternative verdicts
272.29 Double jeopardy
272.30 Sentencing
272.31 Consent to commencement of proceedings where defendant under 18
Division 273—Offences involving child pornography material or child abuse material outside Australia
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Subdivision A—Preliminary
273.1 Definitions
273.2 Who can be prosecuted for an offence committed outside Australia
273.2A Consent to commencement of proceedings where defendant under 18
273.3 Double jeopardy
273.4 Saving of other laws
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Subdivision B—Offences committed overseas involving child pornography material or child abuse material
273.5 Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia
273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
273.8 Alternative verdict if aggravated offence not proven
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Subdivision C—Defences
273.9 Defences to offences against this Division
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Subdivision D—Video link evidence
273.10 When court may take evidence by video link
273.11 Technical requirements for video link
273.12 Application of laws about witnesses
273.13 Administration of oaths and affirmations
273.14 Expenses
273.15 Other laws about foreign evidence not affected
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Division 274—Torture
274.1 Definitions
274.2 Torture
274.3 Prosecutions
274.4 No defence of exceptional circumstances or superior orders
274.5 Jurisdiction of State/Territory courts preserved
274.6 Concurrent operation intended
274.7 Double jeopardy
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Chapter 9—Dangers to the community
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Part 9.1—Serious drug offences
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Division 300—Preliminary
300.1 Purpose
300.2 Definitions
300.3 Geographical jurisdiction
300.4 Concurrent operation intended
300.5 Particular identity of drugs, plants and precursors
Division 301—Listing additional drugs, plants and precursors
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Subdivision A—Interim regulations
301.1 Interim regulations—controlled drugs and controlled plants
301.2 Interim regulations—controlled precursors
301.3 Interim regulations—border controlled drugs and border controlled plants
301.4 Interim regulations—border controlled precursors
301.5 Interim regulations—commercial, marketable and trafficable quantities
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Subdivision B—Emergency determinations
301.6 Emergency determinations—controlled drugs and controlled plants
301.7 Emergency determinations—controlled precursors
301.8 Emergency determinations—border controlled drugs and border controlled plants
301.9 Emergency determinations—border controlled precursors
301.10 Emergency determinations—commercial, marketable and trafficable quantities
301.11 General rules—period of effect, publication etc.
301.12 General rule—inconsistency with regulations
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Division 302—Trafficking controlled drugs
302.1 Meaning of traffics
302.2 Trafficking commercial quantities of controlled drugs
302.3 Trafficking marketable quantities of controlled drugs
302.4 Trafficking controlled drugs
302.5 Presumption where trafficable quantities are involved
302.6 Purchase of controlled drugs is not an ancillary offence
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Division 303—Commercial cultivation of controlled plants
303.1 Meanings of cultivate and cultivates a plant
303.2 Meaning of product of a plant
303.3 Meaning of cultivates a plant for a commercial purpose
303.4 Cultivating commercial quantities of controlled plants
303.5 Cultivating marketable quantities of controlled plants
303.6 Cultivating controlled plants
303.7 Presumption where trafficable quantities are involved
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Division 304—Selling controlled plants
304.1 Selling commercial quantities of controlled plants
304.2 Selling marketable quantities of controlled plants
304.3 Selling controlled plants
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Division 305—Commercial manufacture of controlled drugs
305.1 Meanings of manufacture and manufactures a substance
305.2 Meaning of manufactures a substance for a commercial purpose
305.3 Manufacturing commercial quantities of controlled drugs
305.4 Manufacturing marketable quantities of controlled drugs
305.5 Manufacturing controlled drugs
305.6 Presumption where trafficable quantities are involved
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Division 306—Pre-trafficking controlled precursors
306.1 Meaning of pre-traffics
306.2 Pre-trafficking commercial quantities of controlled precursors
306.3 Pre-trafficking marketable quantities of controlled precursors
306.4 Pre-trafficking controlled precursors
306.5 Presumption for pre-trafficking controlled precursors—sale
306.6 Presumptions for pre-trafficking controlled precursors—manufacture for drug manufacture
306.7 Presumptions for pre-trafficking controlled precursors—manufacture for sale
306.8 Presumptions for pre-trafficking controlled precursors—possession
Division 307—Import-export offences
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Subdivision A—Importing and exporting border controlled drugs or border controlled plants
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
307.3 Importing and exporting border controlled drugs or border controlled plants
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent
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Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
307.7 Possessing unlawfully imported border controlled drugs or border controlled plants
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Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
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Subdivision D—Importing and exporting border controlled precursors
307.11 Importing and exporting commercial quantities of border controlled precursors
307.12 Importing and exporting marketable quantities of border controlled precursors
307.13 Importing and exporting border controlled precursors
307.14 Presumptions for importing and exporting border controlled precursors
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Division 308—Possession offences
308.1 Possessing controlled drugs
308.2 Possessing controlled precursors
308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
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Division 309—Drug offences involving children
309.1 Children not criminally responsible for offences against this Division
309.2 Supplying controlled drugs to children
309.3 Supplying marketable quantities of controlled drugs to children for trafficking
309.4 Supplying controlled drugs to children for trafficking
309.5 Presumption where trafficable quantities are involved
309.6 Meaning of procures an individual to traffic
309.7 Procuring children for trafficking marketable quantities of controlled drugs
309.8 Procuring children for trafficking controlled drugs
309.9 Meaning of procures an individual to pre-traffic
309.10 Procuring children for pre-trafficking marketable quantities of controlled precursors
309.11 Procuring children for pre-trafficking controlled precursors
309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants
309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors
309.15 Procuring children for importing or exporting border controlled precursors
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Division 310—Harm and danger to children under 14 from serious drug offences
310.1 Children not criminally responsible for offences against this Division
310.2 Danger from exposure to unlawful manufacturing
310.3 Harm from exposure to unlawful manufacturing
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors
Division 311—Combining quantities of drugs, plants or precursors
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Subdivision A—Combining different parcels on the same occasion
311.1 Combining different parcels on the same occasion
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Subdivision B—Combining parcels from organised commercial activities
311.2 Business of trafficking controlled drugs
311.3 Business of pre-trafficking by selling controlled precursors
311.4 Business of importing or exporting border controlled drugs or border controlled plants
311.5 Business of importing or exporting border controlled precursors
311.6 Business of supplying controlled drugs to children
311.7 General rules—combining parcels from organised commercial activities
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Subdivision C—Combining parcels from multiple offences
311.8 Multiple offences—trafficking controlled drugs
311.9 Multiple offences—cultivating controlled plants
311.10 Multiple offences—selling controlled plants
311.11 Multiple offences—manufacturing controlled drugs
311.12 Multiple offences—pre-trafficking controlled precursors
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants
311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
311.16 Multiple offences—importing or exporting border controlled precursors
311.17 Multiple offences—supplying controlled drugs to children for trafficking
311.18 Multiple offences—procuring children for trafficking controlled drugs
311.19 Multiple offences—procuring children for pre-trafficking controlled precursors
311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants
311.21 Multiple offences—procuring children for importing or exporting border controlled precursors
311.22 General rules—combining parcels from multiple offences
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Division 312—Working out quantities of drugs, plants or precursors
312.1 Working out quantities of drugs and precursors in mixtures
312.2 Working out quantities where different kinds of drugs, plants or precursors are involved
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Division 313—Defences and alternative verdicts
313.1 Defence—conduct justified or excused by or under a law of a State or Territory
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law
313.3 Alternative verdict—offence not proved
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor
313.5 Alternative verdict—mistake as to identity of drug, plant or precursor
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Division 314—Drugs, plants, precursors and quantities
314.1 Controlled drugs
314.2 Controlled plants
314.3 Controlled precursors
314.4 Border controlled drugs
314.5 Border controlled plants
314.6 Border controlled precursors
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Part 9.4—Dangerous weapons
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Division 360—Cross-border firearms trafficking
360.1 Disposal and acquisition of a firearm
360.2 Cross-border offence of disposal or acquisition of a firearm
360.3 Taking or sending a firearm across borders
360.4 Concurrent operation intended
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Part 9.5—Identity crime
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Division 370—Preliminary
370.1 Definitions
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Division 372—Identity fraud offences
372.1 Dealing in identification information
372.2 Possession of identification information
372.3 Possession of equipment used to make identification documentation
372.4 Extended geographical jurisdiction—category A
372.5 Alternative verdict
372.6 Attempt
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Division 375—Victims’ certificates
375.1 Certificate may be issued by magistrate in relation to victim of identity crime
375.2 Content of certificate
375.3 Relation to civil and criminal proceedings
375.4 Power conferred on magistrate personally
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Part 9.6—Contamination of goods
380.1 Definitions
380.2 Contaminating goods
380.3 Threatening to contaminate goods
380.4 Making false statements about contamination of goods
380.5 Extended geographical jurisdiction—category D
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Part 9.9—Criminal associations and organisations
Division 390—Criminal associations and organisations
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Subdivision A—Definitions
390.1 Definitions
390.2 State offences that have a federal aspect
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Subdivision B—Offences
390.3 Associating in support of serious organised criminal activity
390.4 Supporting a criminal organisation
390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation
390.6 Directing activities of a criminal organisation
390.7 Extended geographical jurisdiction—category C
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Chapter 10—National infrastructure
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Part 10.2—Money laundering
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Division 400—Money laundering
400.1 Definitions
400.2 Definition of deals with money or other property
400.2A Application of offences relating to possible instruments of crime
400.3 Dealing in proceeds of crime etc.—money or property worth $1,000,000 or more
400.4 Dealing in proceeds of crime etc.—money or property worth $100,000 or more
400.5 Dealing in proceeds of crime etc.—money or property worth $50,000 or more
400.6 Dealing in proceeds of crime etc.—money or property worth $10,000 or more
400.7 Dealing in proceeds of crime etc.—money or property worth $1,000 or more
400.8 Dealing in proceeds of crime etc.—money or property of any value
400.9 Dealing with property reasonably suspected of being proceeds of crime etc.
400.10 Mistake of fact as to the value of money or property
400.11 Proof of certain matters relating to kinds of offences not required
400.12 Combining several contraventions in a single charge
400.13 Proof of other offences is not required
400.14 Alternative verdicts
400.15 Geographical jurisdiction
400.16 Saving of other laws
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Part 10.5—Postal services
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Division 470—Preliminary
470.1 Definitions
470.2 Dishonesty
470.3 Determination of dishonesty to be a matter for the trier of fact
470.4 Meaning of expressions used in Subdivisions B and C of Division 471
Division 471—Postal offences
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Subdivision A—General postal offences
471.1 Theft of mail-receptacles, articles or postal messages
471.2 Receiving stolen mail-receptacles, articles or postal messages
471.3 Taking or concealing of mail-receptacles, articles or postal messages
471.4 Dishonest removal of postage stamps or postmarks
471.5 Dishonest use of previously used, defaced or obliterated stamps
471.6 Damaging or destroying mail-receptacles, articles or postal messages
471.7 Tampering with mail-receptacles
471.8 Dishonestly obtaining delivery of articles
471.9 Geographical jurisdiction
471.10 Hoaxes—explosives and dangerous substances
471.11 Using a postal or similar service to make a threat
471.12 Using a postal or similar service to menace, harass or cause offence
471.13 Causing a dangerous article to be carried by a postal or similar service
471.14 Geographical jurisdiction
471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post
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Subdivision B—Offences relating to use of postal or similar service for child pornography material or child abuse material
471.16 Using a postal or similar service for child pornography material
471.17 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service
471.18 Defences in respect of child pornography material
471.19 Using a postal or similar service for child abuse material
471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
471.21 Defences in respect of child abuse material
471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
471.23 Alternative verdict if aggravated offence not proven
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Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16
471.24 Using a postal or similar service to procure persons under 16
471.25 Using a postal or similar service to “groom” persons under 16
471.26 Using a postal or similar service to send indecent material to person under 16
471.27 Age-related provisions relating to offences against this Subdivision
471.28 Other provisions relating to offences against this Subdivision
471.29 Defences to offences against this Subdivision
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Subdivision D—Miscellaneous
471.30 Geographical jurisdiction
471.31 Definition of carry by post does not apply
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Division 472—Miscellaneous
472.1 Saving of other laws
472.2 Interpretation of other laws
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Part 10.6—Telecommunications Services
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Division 473—Preliminary
473.1 Definitions
473.2 Possession or control of data or material in the form of data
473.3 Producing, supplying or obtaining data or material in the form of data
473.4 Determining whether material is offensive
473.5 Use of a carriage service
Division 474—Telecommunications offences
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Subdivision A—Dishonesty with respect to carriage services
474.1 Dishonesty
474.2 General dishonesty with respect to a carriage service provider
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Subdivision B—Interference with telecommunications
474.3 Person acting for a carrier or carriage service provider
474.4 Interception devices
474.5 Wrongful delivery of communications
474.6 Interference with facilities
474.7 Modification etc. of a telecommunications device identifier
474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier
474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
474.10 Copying subscription-specific secure data
474.11 Possession or control of data or a device with intent to copy an account identifier
474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier
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Subdivision C—General offences relating to use of telecommunications
474.14 Using a telecommunications network with intention to commit a serious offence
474.15 Using a carriage service to make a threat
474.16 Using a carriage service for a hoax threat
474.17 Using a carriage service to menace, harass or cause offence
474.18 Improper use of emergency call service
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Subdivision D—Offences relating to use of carriage service for child pornography material or child abuse material
474.19 Using a carriage service for child pornography material
474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
474.21 Defences in respect of child pornography material
474.22 Using a carriage service for child abuse material
474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
474.24 Defences in respect of child abuse material
474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
474.24B Alternative verdict if aggravated offence not proven
474.24C Consent to commencement of proceedings where defendant under 18
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Subdivision E—Offence relating to obligations of internet service providers and internet content hosts
474.25 Obligations of internet service providers and internet content hosts
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Subdivision F—Offences relating to use of carriage service involving sexual activity with person under 16
474.25A Using a carriage service for sexual activity with person under 16 years of age
474.25B Aggravated offence—child with mental impairment or under care, supervision or authority of defendant
474.26 Using a carriage service to procure persons under 16 years of age
474.27 Using a carriage service to “groom” persons under 16 years of age
474.27A Using a carriage service to transmit indecent communication to person under 16 years of age
474.28 Provisions relating to offences against this Subdivision
474.29 Defences to offences against this Subdivision
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Subdivision G—Offences relating to use of carriage service for suicide related material
474.29A Using a carriage service for suicide related material
474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
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Division 475—Miscellaneous
475.1A Defences for NRS employees and emergency call persons
475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service
475.1 Saving of other laws
475.2 Geographical jurisdiction
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Part 10.7—Computer offences
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Division 476—Preliminary
476.1 Definitions
476.2 Meaning of unauthorised access, modification or impairment
476.3 Geographical jurisdiction
476.4 Saving of other laws
476.5 Liability for certain acts
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Division 477—Serious computer offences
477.1 Unauthorised access, modification or impairment with intent to commit a serious offence
477.2 Unauthorised modification of data to cause impairment
477.3 Unauthorised impairment of electronic communication
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Division 478—Other computer offences
478.1 Unauthorised access to, or modification of, restricted data
478.2 Unauthorised impairment of data held on a computer disk etc.
478.3 Possession or control of data with intent to commit a computer offence
478.4 Producing, supplying or obtaining data with intent to commit a computer offence
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Part 10.8—Financial information offences
480.1 Definitions
480.2 Dishonesty
480.3 Constitutional application of this Part
480.4 Dishonestly obtaining or dealing in personal financial information
480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information
480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information
Dictionary
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
