Federal Register of Legislation - Australian Government

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Death Penalty Abolition Act 1973

  • - C2004C00477
  • In force - Superseded Version
  • View Series
Act No. 100 of 1973 as amended, taking into account amendments up to Act No. 34 of 1997
An Act to abolish Capital Punishment under the Laws of the Commonwealth and under certain other Laws in relation to which the Powers of the Parliament extend
Administered by: Attorney-General's
Start Date 17 Apr 1997
End Date 13 Apr 2010

DEATH PENALTY ABOLITION ACT 1973



Compilation Information

Death Penalty Abolition Act 1973

Act No. 100 of 1973 as amended
This compilation was prepared on 21 February 2001
taking into account amendments up to Act No. 34 of 1997
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra



Long Title

An Act to abolish Capital Punishment under the Laws of the Commonwealth and under certain other Laws in relation to which the Powers of the Parliament extend


DEATH PENALTY ABOLITION ACT 1973
- SECT 1
Short title [see Note 1]

This Act may be cited as the Death Penalty Abolition Act 1973.

DEATH PENALTY ABOLITION ACT 1973
- SECT 2
Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

DEATH PENALTY ABOLITION ACT 1973
- SECT 3
Application of Act

(1)
This Act applies within and outside Australia and extends to all the Territories.

(2)
This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts.

(4)
This Act applies in relation to offences committed before, on or after the date of commencement of this Act, including offences in respect of which proceedings are pending at that date, and if, on that date, a person is under sentence of death for an offence in relation to which this Act applies, the sentence has effect as if it were a sentence of imprisonment for life.

DEATH PENALTY ABOLITION ACT 1973
- SECT 4
Abolition of death penalty

A person is not liable to the punishment of death for any offence.

DEATH PENALTY ABOLITION ACT 1973
- SECT 5
Substitution of imprisonment for life

Where by any law in relation to which this Act applies (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment.

DEATH PENALTY ABOLITION ACT 1973
Notes to the Death Penalty Abolition Act 1973

Note 1

The Death Penalty Abolition Act 1973 as shown in this compilation comprises Act No. 100, 1973 amended as indicated in the Tables below.

Table of Acts

Act


Number
and year


Date
of Assent


Date of commencement


Application, saving or transitional provisions


Death Penalty Act 1973


100, 1973


18 Sept 1973


18 Sept 1973



Law and Justice Legislation Amendment Act 1997


34, 1997


17 Apr 1997


Schedule 5: Royal Assent (a)



(a) The Death Penalty Abolition Act 1973 was amended by Schedule 5 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted


Provision affected


How affected


S. 3


am. No. 34, 1997