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Crimes Act 1914

  • - C2004C03156
  • In force - Superseded Version
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Act No. 12 of 1914 as amended, taking into account amendments up to Act No. 216 of 1973
An Act relating to Offences against the Commonwealth
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 30 Jun 1975

CRIMES ACT 1914
- Reprinted as at 19 December 1973 (HISTACT CHAP 1997 #DATE 19:12:1973)

CRIMES ACT 1914-1973 - TABLE OF PROVISIONS

TABLE


CRIMES ACT 1914-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. (Repealed)
3. Definitions
3A. Operation of Act

PART IA-GENERAL

4. Application of common law
5. Aiders and abettors
6. Accessory after the fact
7. Attempts
7A. Inciting to or urging the commission of offences
8. Power of arrest without warrant
8A. Arrest without warrant for suspected offences
9. Seizure and condemnation of forfeitable goods
10. Search warrant
11. Prosecution where act an offence under different laws
12. How offences punishable
12A. Certain offences may be dealt with summarily
13. Institution of proceedings in respect of offences
14. Proof of exceptions, &c.
15. Remand of defendant
16. Maximum penalties
17. Habitual criminals
18. Sentence of imprisonment
18A. Enforcement of fines, &c.
19. Cumulative punishment
19A. Licences for offenders to be at large
19B. Conditional release of offenders without proceeding to conviction
20. Conditional release of offenders
20A. Power to discharge or vary conditions of recognizance
20B. Offenders found to be insane
20C. Offences by children and young persons
21. Time for commencement of prosecutions
21A. Form of indictments, information and summonses
21B. Reparation for offences
21C. Burden of proof of lawful authority
21D. Prerogative of mercy
22. Privilege of Parliament not affected
23. Civil rights not affected

PART II-OFFENCES AGAINST THE GOVERNMENT

24. Treason
24AA.
24AB. Sabotage
24AC. Institution of prosecutions
24A. Definition of seditious intention
24B. Definition of seditious enterprise
24C. Offences
24D. Seditious words
24E. Punishment of offences
24F. Certain acts done in good faith not unlawful
25. Inciting mutiny
26. Assisting prisoners of war to escape
27. Unlawful drilling
28. Interfering with political liberty
29. Destroying or damaging Commonwealth property
29A. False pretences
29B. False representation
29C. Statements in applications for grant of money, &c.
30. Seizing goods in Commonwealth custody

PART IIA-PROTECTION OF THE CONSTITUTION AND OF PUBLIC AND
OTHER SERVICES

30A. Unlawful associations
30AA. Application for declaration as to unlawful association
30AB. Attorney-General may require information
30B. Officers of unlawful associations
30C. Advocating or inciting to crime
30D. Giving or soliciting contributions for unlawful associations
30E. Books, &c., issued by unlawful association not transmissible by post
30F. Prohibition of sale of books, &c., issued by unlawful association
30FA. Imprints on publications
30FB. Broadcasting stations
30FC. Owner, &c., of building knowingly permitting meeting of unlawful
association
30FD. Disqualification from voting of member of unlawful association
30G. Forfeiture of property held by an unlawful association
30H. Proof of membership of an association
30J. Industrial disturbances, lock-outs and strikes
30K. Obstructing or hindering the performance of services
30L-30Q. (Repealed)
30R. Effect of averments of prosecutor

PART III-OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

31. Definitions
32. Judicial corruption
33. Official corruption in relation to offences
34. Judge or magistrate acting oppressively or when interested
35. Giving false testimony
36. Fabricating evidence
36A. Intimidation of witnesses, &c.
37. Corruption of witnesses
38. Deceiving witnesses
39. Destroying evidence
40. Preventing witnesses from attending Court
41. Conspiracy to bring false accusation
42. Conspiracy to defeat justice
43. Attempting to pervert justice
44. Compounding offences
45. Inserting advertisements without authority of Court
46. Aiding prisoner to escape
47. Escaping
48. Permitting escape
49. Removing property under seizure
50. Obstructing officers of Courts

PART IV-OFFENCES RELATING TO THE COINAGE

51. Definitions
52. Gilding, &c., metal or other material with intent to make
counterfeit coin
53. Making, &c., coining instruments
54. Making counterfeit coin
55. Buying or selling counterfeit coin
56. Possession of counterfeit coin, &c.
57. Uttering counterfeit coin
58. Uttering metals, &c., as coin
59. Clipping or sweating coins
60. Possession of clippings, &c.
60A. Making, possessing or selling tokens, &c., resembling coins
61. Forfeiture of coining instruments
62. Defacing coins
62A. Defacing or destroying coins

PART V-FORGERY

63. What amounts to forgery
63A. Tampering with notes or securities
64. What amounts to uttering
65. Forgery of seals
66. Forgery of official signatures
67. Forgery of Commonwealth documents
68. Forging official marks
69. Making special paper, &c.

PART VI-OFFENCES BY AND AGAINST PUBLIC OFFICERS

70. Disclosure of information by Commonwealth officers
71. Stealing property of the Commonwealth
71A. Proof of general deficiency sufficient
72. Falsification of books or record by officers
73. Official corruption
74. False returns or certificates by officers
75. Personating public officers
76. Resisting or obstructing public officers

PART VII-ESPIONAGE AND OFFICIAL SECRETS

77. Interpretation
78. Espionage and similar activities
79. Official secrets
80. Prohibited places
81. Harbouring spies
82. Search warrants
83. Unlawful soundings
83A. Illegal use of uniforms, official permits, impersonation, &c.
83B. Arrest without warrant of offenders against this Part
84. Arrest of persons in or about prohibited places
84A. Search of suspects
85. Institution of prosecution
85A. Offences by companies, &c.
85B. Hearing in camera, &c.
85C. Imprints to be evidence
85D. Forfeiture of articles, &c.

PART VIII-MISCELLANEOUS

85E. Jurisdiction of courts
86. Conspiracy
87. False certificates
88. Buying or selling offices
89. Trespassing on Commonwealth land
89A. Discharging firearms on or over Commonwealth land
90. Trespass by cattle or live stock
90A. Destroying, &c., posters, &c., relating to Commonwealth loans
90B. False statements in documents filed, &c., under laws of a Territory

CRIMES ACT 1914-1973 - SECT. 1.
Short title.

SECT

CRIMES ACT 1914-1973

An Act relating to Offences against the Commonwealth.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Crimes Act 1914-1973.*
Section 2 repealed by No. 216, 1973, s. 3.
* * * * * * * *

CRIMES ACT 1914-1973 - SECT. 3.
Definitions.

SECT

Amended by No. 9, 1926, s. 4; No. 30, 1932, s. 2; No. 11, 1959, s. 4; No. 84, 1960, s. 4; and No. 216, 1973, s. 3.
3. In this Act, unless the contrary intention appears-

''Commonwealth officer'' * means a person holding office under, or employed by, the Commonwealth, and includes-

(a) a person permanently or temporarily employed in the Public Service of the Commonwealth or of a Territory or in, or in connexion with, the Defence Force, or in the service of a public authority under the Commonwealth; and

(b) a Commonwealth Police Officer;

''Constable'' means a Commonwealth Police Officer or a member of the police force of a State or Territory;

''Have in possession'' includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question;

''Property'' includes money and every thing, animate or inanimate, capable of being the subject of ownership;

''Public authority under the Commonwealth'' means any authority or body constituted by or under a law of the Commonwealth or of a Territory;

''The Queen's dominions'' includes a British protectorate and a British protected State.

CRIMES ACT 1914-1973 - SECT. 3A.
Operation of Act.

SECT

Inserted by No. 84, 1960, s. 5.
3A. This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories.

CRIMES ACT 1914-1973 - SECT. 4.
Heading inserted by No. 84, 1960, s. 5.

SECT

PART IA-GENERAL
Application of common law.
4. The principles of the common law with respect to criminal liability shall, subject to this Act, apply in relation to offences against this Act.

CRIMES ACT 1914-1973 - SECT. 5.
Aiders and abettors.

SECT

Amended by No. 9, 1926, s. 5; and No. 84, 1960, s. 6.
5.* Any person who aids, abets, counsels, or procures, or by act or omission is in any way directly or indirectly knowingly concerned in, or party to, the commission of any offence against any law of the Commonwealth or of a Territory, whether passed before or after the commencement of this Act, shall be deemed to have committed that offence and shall be punishable accordingly.*

CRIMES ACT 1914-1973 - SECT. 6.
Accessory after the fact.

SECT

Amended by No. 84, 1960, s. 7.
6. Any person who receives or assists another person, who is, to his knowledge, guilty of any offence against a law of the Commonwealth or of a Territory, in order to enable him to escape punishment or to dispose of the proceeds of the offence shall be guilty of an offence.*

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 7.
Attempts.

SECT

Amended by No. 9, 1926, s. 6; and No. 84, 1960, s. 8.
7. Any person who attempts to commit any offence against any law of the Commonwealth or of a Territory, whether passed before or after the commencement of this Act, shall be guilty of an offence and shall be punishable as if the attempted offence had been committed.*

CRIMES ACT 1914-1973 - SECT. 7A.
Inciting to or urging the commission of offences.

SECT

Inserted by No. 54, 1920, s. 11; amended by No. 84, 1960, s. 9; and No. 93, 1966, s. 3.
7A. If any person-

(a) incites to, urges, aids or encourages; or

(b) prints or publishes any writing which incites to, urges, aids or encourages,
the commission of offences against any law of the Commonwealth or of a Territory or the carrying on of any operations for or by the commission of such offences, he shall be guilty of an offence.*

Penalty: Two hundred dollars or imprisonment for twelve months, or both.

CRIMES ACT 1914-1973 - SECT. 8.
Power of arrest without warrant.

SECT

8. The powers of arrest without warrant possessed by a constable, or by any person, under the common law, with respect to breaches of the peace, may be exercised by any constable, or by any person, as the case may be, with respect to offences against this Act which involve any breach of the peace.

CRIMES ACT 1914-1973 - SECT. 8A.
Arrest without warrant for suspected offences.

SECT

Inserted by No. 9, 1926, s. 7; amended by No. 84, 1960, s. 10.
8A. Any constable may, without warrant, arrest any person, if the constable has reasonable ground to believe-

(a) that the person has committed an offence against a law of the Commonwealth or of a Territory; and

(b) that proceedings against the person by summons would not be effective.*

CRIMES ACT 1914-1973 - SECT. 9.
Seizure and condemnation of forfeitable goods.

SECT

Sub-section (1) amended by No. 9, 1926, s. 8.
9.* (1) Any constable may, without warrant, seize any articles which are forfeited or which he has reasonable ground to believe are forfeited under any law of the Commonwealth, and take them before a Court of Summary Jurisdiction.
Substituted by No. 84, 1960, s. 11.

(2) Where articles are taken before a Court of Summary Jurisdiction under the last preceding sub-section, the Court shall inquire into the matter and-

(a) if the Court is satisfied that the articles are forfeited-shall order that the articles be condemned; or

(b) if the Court is not so satisfied-shall order that the articles be delivered to such person as the Court is satisfied is entitled to the articles.
Inserted by No. 84, 1960, s. 11.

(2A) A Court of Summary Jurisdiction may, before inquiring into a matter under the last preceding sub-section, require notice of the inquiry to be given to such persons as the Court thinks fit.
Amended by No. 84, 1960, s. 11.

(3) Where any prosecution is pending, an order for the condemnation or the delivery to any person of any articles relating thereto shall not be made until the prosecution is determined.

(4) All articles which are condemned as forfeited shall be dealt with as directed by the Attorney-General, and pending his direction may be detained in such custody as the Court directs.*

CRIMES ACT 1914-1973 - SECT. 10.
Search warrant.

SECT

Amended by No. 9, 1926, s. 9; and No. 84, 1960, s. 12.
10. If a Justice of the Peace is satisfied by information on oath that there is reasonable ground for suspecting that there is in any house, vessel, or place-

(a) anything with respect to which any offence against any law of the Commonwealth or of a Territory has been, or is suspected on reasonable grounds to have been, committed;

(b) anything as to which there are reasonable grounds for believing that it will afford evidence as to the commission of any such offence; or

(c) anything as to which there is reasonable ground for believing that it is intended to be used for the purpose of committing any such offence;
he may grant a search warrant authorizing any constable named therein, with such assistance as he thinks necessary, to enter at any time any house, vessel, or place named or described in the warrant, if necessary by force, and to seize any such thing which he may find in the house, vessel, or place.*

CRIMES ACT 1914-1973 - SECT. 11.
Prosecution where act an offence under different laws.

SECT

Sub-section (1) substituted by No. 84, 1960, s. 13.
11.* (1) Where the act or omission of a person is an offence against a law of the Commonwealth and is also an offence against another law of the Commonwealth or some other law, the person may be prosecuted and convicted under either of those laws.
Inserted by No. 84, 1960, s. 13.

(1A) Where an act or omission constitutes an offence against a law of a Territory, the validity of that law is not affected by reason only that the act or omission also constitutes an offence against a law of the Commonwealth.

(2) Nothing in this Act shall render any person liable to be punished twice in respect of the same offence.

CRIMES ACT 1914-1973 - SECT. 12.
How offences punishable.

SECT

Sub-section (1) amended by No. 80, 1950, s. 3.
12.* (1) Offences against this Act, other than offences expressed to be indictable offences, shall be punishable either on indictment or on summary conviction.

(2) Where proceedings for an offence against this Act are brought in a Court of Summary Jurisdiction, the Court may either determine the proceedings, or commit the defendant for trial.

(3) A Court of Summary Jurisdiction may not impose a longer period of imprisonment than one year in respect of any one offence against this Act.

CRIMES ACT 1914-1973 - SECT. 12A.
Certain offences may be dealt with summarily.

SECT

Inserted by No. 9, 1926, s. 10.
12A.* (1) Any proceeding in respect of an offence against this Act, although declared indictable, may, with the consent of the defendant, be heard and determined by a Court of Summary Jurisdiction.
Amended by No. 93, 1966, s. 3.

(2) A Court of Summary Jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an offence against this Act, although declared to be indictable, if the offence relates to property the value of which does not exceed One hundred dollars.
Amended by No. 93, 1966, s. 3.

(3) Where an offence is dealt with under this section the Court may impose a sentence of imprisonment not exceeding one year and, in its discretion, impose a pecuniary penalty not exceeding Two hundred dollars in addition to or in lieu of a sentence of imprisonment.
Added by No. 84, 1960, s. 14; amended by No. 33, 1973, s. 7.

(4) Notwithstanding the preceding provisions of this section, an offence against section 24, 24AA, 24AB or 78, or sub-section (2) or (5) of section 79, of this Act is punishable only on indictment.

CRIMES ACT 1914-1973 - SECT. 13.
Institution of proceedings in respect of offences.

SECT

13. Unless the contrary intention appears in the Act or regulation creating the offence, any person may-

(a) institute proceedings for the commitment for trial of any person in respect of any indictable offence against the law of the Commonwealth; or

(b) institute proceedings for the summary conviction of any person in respect of any offence against the law of the Commonwealth punishable on summary conviction.

CRIMES ACT 1914-1973 - SECT. 14.
Proof of exceptions, &c.

SECT

Amended by No. 9, 1926, s. 11.
14. Where any person is charged, before a Court of Summary Jurisdiction, with an offence against the law of the Commonwealth, any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in the section of the law creating the offence, may be proved by the person charged, but need not be specified or negatived in the information, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant.*

CRIMES ACT 1914-1973 - SECT. 15.
Remand of defendant.

SECT

15. Where a person is charged, before a Court of Summary Jurisdiction, with an offence against the law of the Commonwealth, if, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the hearing of the case, the court before whom the accused person appears or is brought, may-

(a) by warrant from time to time remand the defendant to some gaol, lock-up, or other place of custody for such period as the court shall deem necessary to be there kept until the time appointed for continuing the hearing, or

(b) order the discharge of the defendant upon his entering into a recognizance conditioned for his appearance at the time and place appointed for continuing the hearing.*

CRIMES ACT 1914-1973 - SECT. 16.
Maximum penalties.

SECT

16. (1) Subject to this Act, the penalty set out at the foot of any section or sub-section of this Act is the maximum penalty which may be imposed in respect of an offence against the section or sub-section, but the Court before which any offender is convicted may impose any lesser penalty and, if it thinks a pecuniary penalty sufficient to meet the case, may impose a fine in lieu of imprisonment.
Amended by No. 93, 1966, s. 3.

(2) The maximum fine for an offence against this Act shall, unless the contrary intention appears, be as follows:-

(a) on conviction on indictment, Four hundred dollars; and

(b) on conviction before a Court of Summary Jurisdiction, Two hundred dollars.

CRIMES ACT 1914-1973 - SECT. 17.
Habitual criminals.

SECT

Sub-section (1) amended by No. 84, 1960, s. 15.
17.* (1) Where a person convicted of an indictable offence against the law of the Commonwealth has been previously convicted on at least two occasions of indictable offences against the law of the Commonwealth, or of a State, or of a Territory, the Court before which he is convicted may declare that he is a habitual criminal, and may direct, as part of his sentence, that on the expiration of the term of imprisonment then imposed upon him, he be detained in prison during the pleasure of the Governor-General.

(2) The Court, before passing sentence, may, if it thinks fit, hear evidence to enable it to determine whether or not the person so convicted should be declared a habitual criminal.
Substituted by No. 84, 1960, s. 15.

(3) For the purposes of this section, ''the Governor-General'' means the Governor-General of the Commonwealth, or the person for the time being administering the government of the Commonwealth, acting with the advice of the Attorney-General.*
Sub-section (4) omitted by No. 84, 1960, s. 15.
* * * * * * * *

CRIMES ACT 1914-1973 - SECT. 18.
Sentence of imprisonment.

SECT

Sub-section (1) amended by No. 9, 1926, s. 12.
18.* (1) Where imprisonment is imposed in respect of any offence against any law of the Commonwealth it may (unless the contrary intention appears in the law) be imposed either with or without hard labour.
Amended by No. 84, 1960, s. 16.

(2) Where under the law of a State or Territory a convicted person may in particular cases be imprisoned in a particular kind or class of prison, a person convicted of an offence against the law of the Commonwealth may, in corresponding cases, be imprisoned in the kind or class of prison appropriate to the circumstances.

CRIMES ACT 1914-1973 - SECT. 18A.
Enforcement of fines, &c.

SECT

Inserted by No. 84, 1960, s. 17.
18A.* (1) The laws of a State or Territory with respect to the enforcement of fines ordered to be paid by offenders, including laws making provision for or in relation to-

(a) the awarding of imprisonment in default of payment of fines;

(b) the allowance of time for payment of fines;

(c) the payment of fines by instalments; or

(d) the giving of security for the payment of fines,
shall, so far as those laws are applicable and are not inconsistent with the laws of the Commonwealth, apply and be applied to persons who are convicted in that State or Territory of offences against laws of the Commonwealth.

(2) A reference in this section to fines shall be read as including a reference to pecuniary penalties, costs or other amounts ordered to be paid by offenders.

CRIMES ACT 1914-1973 - SECT. 19.
Cumulative punishment.

SECT

Sub-section (1) amended by No. 84, 1960, s. 18.
19.* (1) Where a person convicted of any offence against the law of the Commonwealth is at the time of his conviction serving a term of imprisonment for any offence (whether against the law of the Commonwealth or against any law of a State or Territory) the Court before which the offender is convicted may direct that any sentence of imprisonment imposed in respect of the first-mentioned offence shall commence at the expiration of the term of imprisonment which the offender was serving at the time of his conviction.
Amended by No. 80, 1950, s. 3.

(2) Where a person is convicted of more offences (whether indictable or otherwise) than one before the same Court at the same sitting and is sentenced to more than one term of imprisonment, the Court may direct that the sentences shall be concurrent or cumulative.

(3) Where two or more sentences are directed to be cumulative, they shall take effect one after the other in accordance with the order in which the convictions are recorded or as the Court directs.

CRIMES ACT 1914-1973 - SECT. 19A.
Licences for offenders to be at large.

SECT

Inserted by No. 84, 1960, s. 19. Sub-section (1) amended by No. 33, 1973, s. 7.

19A.* (1) In this section-

''licence'' means a licence to be at large granted under the next succeeding sub-section;

''prescribed authority'' means-

(a) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under sub-section (15) is applicable; or

(b) a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate, or a District-Officer or Assistant District-Officer, of a Territory;

''the prescribed period'', in relation to a licence, means-

(a) if the person to whom the licence was granted was, at the time when the licence was granted, serving a term of imprisonment-the period commencing on the day on which the licence was granted and ending on the day which, if no remissions of his sentence were granted, would be the last day of that term; or

(b) if the person to whom the licence was granted was, at the time when the licence was granted, being detained in prison by virtue of a direction given under section 17-the period of three years commencing on the day on which the licence was granted.
Amended by No. 33, 1973, s. 7.

(2) Where-

(a) a person is serving a term of imprisonment for an offence against a law of the Commonwealth; or

(b) a person is being detained in prison by virtue of a direction given under section 17,
the Governor-General may, if he thinks it proper so to do in the circumstances, grant to that person, by writing under his hand, a licence to be at large.

(3) A licence is sufficient authority for the release from prison of the person to whom it is granted.

(4) A licence is subject to such conditions, if any, as are specified in the licence.

(5) The Governor-General may, at any time before the expiration of the prescribed period, by writing under his hand-

(a) vary or revoke a condition of a licence or impose additional conditions; or

(b) revoke a licence.

(6) The varying of a condition, or the imposing of an additional condition, under the last preceding sub-section does not have effect until notice thereof has been given to the person to whom the licence was granted, being notice given before the expiration of the prescribed period.

(7) Where-

(a) a licence granted to a person is revoked; or

(b) the person to whom a licence has been granted has, during the prescribed period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he has, during that period, failed to comply with a condition of the licence,
a constable may, without warrant, arrest the person.

(8) Where a constable arrests a person in pursuance of the last preceding sub-section on a ground specified in paragraph (b) of that sub-section, the constable shall, as soon as practicable, take that person before a prescribed authority and if the prescribed authority is satisfied that that person without lawful excuse failed to comply with a condition of the licence granted to him, the prescribed authority shall cancel the licence.

(9) A person brought before a prescribed authority under the last preceding sub-section shall, unless the precribed authority otherwise directs, be kept in custody until the prescribed authority has determined the matter.
Amended by No. 33, 1973, s. 7.

(10) Where a licence granted to a person who, at the time of the grant, was serving a term of imprisonment is revoked or cancelled, the person may, subject to sub-section (12), be detained in prison to undergo imprisonment for the part of that term that he had not served at the time when he was released from prison in pursuance of the licence.
Amended by No. 33, 1973, s. 7.

(11) Where a licence granted to a person who, at the time of the grant, was being detained in prison by virtue of a direction given under section 17 is revoked or cancelled, the person may, subject to the next succeeding sub-section, be detained in prison during the pleasure of the Governor-General as if the licence had not been granted.
Amended by No. 33, 1973, s. 7.

(12) Where a prescribed authority cancels a licence under sub- section (8), the person to whom the licence was granted may appeal to the Supreme Court of a State or Territory against the cancellation and the Court shall-

(a) if it is satisfied that the ground on which the licence was cancelled has been established-confirm the cancellation; or

(b) if it is not so satisfied-order that the cancellation cease to have effect.

(13) An appeal under the last preceding sub-section shall be by way of re-hearing, but the Court may have regard to any evidence given before the prescribed authority.

(14) For the purposes of the preceding provisions of this section, ''the Governor-General'' means the Governor-General of the Commonwealth, or the person for the time being administering the government of the Commonwealth, acting with the advice of the Attorney-General.

(15) The Governor-General may arrange with the Governor of a State for the performance by persons who hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of the functions of a prescribed authority under this section.

(16) Notice of an arrangement under the last preceding sub-section shall be published in the Gazette.

CRIMES ACT 1914-1973 - SECT. 19B.
Conditional release of offenders without proceeding to conviction.

SECT

Inserted by No. 84, 1960, s. 19.
19B.* (1) Where-

(a) a person is charged before a Court of Summary Jurisdiction with an offence against a law of the Commonwealth; and

(b) the Court is satisfied that the charge is proved but is of opinion, having regard to-

(i) the character, antecedents, age, health or mental condition of the person;

(ii) the extent, if any, to which the offence is of a trivial nature; or

(iii) the extent, if any, to which the offence was committed under extenuating circumstances,

that it is inexpedient to inflict any punishment, or to inflict any punishment other than a nominal punishment, or that it is expedient to release the person on probation,
the Court may, without proceeding to conviction, by order-

(c) dismiss the charge; or

(d) discharge the person upon his giving security, with or without sureties, by recognizance or otherwise to the satisfaction of the Court that he will be of good behaviour for such period, not exceeding three years, as the Court thinks fit to order and will appear for conviction and sentence when called on at any time during that period.

(2) If the Court before which an offender is bound by recognizance under this section is satisfied, by information on oath, that the offender has failed to observe a condition of his recognizance, the Court may issue a warrant for his arrest and, upon the person being apprehended and the Court being satisfied that he has failed to observe a condition of his recognizance, the Court may convict him of and sentence him for the offence with which he was originally charged as if he had not been released on recognizance.

(3) The conviction of a person under the last preceding sub-section does not prevent any security given in connexion with the recognizance from being enforced.

CRIMES ACT 1914-1973 - SECT. 20.
Conditional release of offenders.

SECT

Sub-section (1) amended by No. 9, 1926, s. 13.
20.* (1) If the Court thinks fit to do so, it may release any person convicted of an offence against the law of the Commonwealth without passing any sentence upon him, upon his giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the Court that he will be of good behaviour for such period as the Court thinks fit to order and will during that period comply with such conditions as the Court thinks fit to impose, or may order his release on similar terms after he has served any portion of his sentence.
Substituted by No. 9, 1926, s. 13.

(2) If any person who has been released in pursuance of this section fails to comply with the conditions upon which he was released, he shall be guilty of an offence.

Penalty: Imprisonment for the period provided by law in respect of the offence of which he was previously convicted.
Added by No. 9, 1926, s. 13.

(3) The penalty provided by the last preceding sub-section may be imposed by the Court by which the offender was originally convicted or by any Court of Summary Jurisdiction before which he is brought.
Added by No. 9, 1926, s. 13.

(4) In addition, the recognizance of any such person and those of his sureties shall be estreated, and any other security shall be enforced.

CRIMES ACT 1914-1973 - SECT. 20A.
Power to discharge or vary conditions of recognizance.

SECT

Inserted by No. 84, 1960, s. 20.
20A.* (1) Where a person has given a recognizance under either of the last two preceding sections, the Court before which the person is bound by his recognizance may-

(a) upon application by an authorized person; and

(b) upon being satisfied that the conduct of the person bound by the recognizance has been such as to make it unnecessary that he should remain longer under supervision,
discharge the recognizance.

(2) An authorized person may apply to the Court before which a person is bound by a recognizance given under either of the last two preceding sections for a variation of the terms of the recognizance.

(3) Upon application being made to a Court under the last preceding sub-section, the Court shall summon the person bound by the recognizance to appear before the Court and, if he fails to show cause why the variation in the terms of the recognizance should not be made and it appears to the Court that the variation should be made, the Court may vary the terms of the recognizance by-

(a) extending or reducing the duration of the recognizance;

(b) altering the conditions of the recognizance; or

(c) inserting additional conditions in the recognizance.
Amended by No. 33, 1973, s. 7.

(4) A Court shall not extend the duration of a recognizance given by a person under section 19B beyond the period of three years from the date of the order under that section discharging the person.
Amended by No. 33, 1973, s. 7.

(5) In this section, ''authorized person'' means the Attorney-General or a person appointed under section 69 of the Judiciary Act 1903-1960 to prosecute indictable offences against the laws of the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 20B.
Offenders found to be insane.

SECT

Inserted by No. 84, 1960, s. 20.
20B.* (1) Where a person has been charged with an indictable offence against a law of the Commonwealth and-

(a) the person is unfit to be tried by reason of unsoundness of mind; or

(b) the person is acquitted by reason of unsoundness of mind at the time of the commission of the offence,
the Court shall direct that the person be kept in strict custody until the pleasure of the Governor-General is known.

(2) Where a Court has, under the last preceding sub-section, directed that a person be kept in strict custody until the pleasure of the Governor-General is known, the Governor-General may, by writing under his hand, order that the person be detained in safe custody in such place and in accordance with such directions, if any, as the Governor-General specifies in the order.

(3) The Governor-General may, from time to time, by writing under his hand, vary an order made under the last preceding sub-section, either as to the place specified in the order or the directions so specified, or as to both, in such manner as he thinks fit.
Amended by No. 33, 1973, s. 7.

(4) The Governor-General may, by writing under his hand, order that a person detained in safe custody in pursuance of an order made under sub-section (2) (being a person who, by reason of unsoundness of mind, has been acquitted of the offence with which he was charged) be released from custody either unconditionally or subject to such conditions as are specified in the order.

(5) Where the Governor-General orders that a person be released from custody subject to conditions, the Governor-General may, at any time, by writing under his hand-

(a) vary or revoke any or all of the conditions or impose additional conditions; or

(b) revoke the order.
Amended by No. 33, 1973, s. 7.

(6) Where an order made in respect of a person under sub-section (4) is revoked or the person fails to comply with a condition of such an order, the person may, without warrant, be arrested by any constable and may be detained in safe custody in accordance with the order made in respect of the person under sub-section (2) as if the order under sub-section (4) had not been made.
Amended by No. 33, 1973, s. 7.

(7) Upon the Governor-General making an order under sub-section (4) that a person be released from custody unconditionally or upon the Governor-General revoking all the conditions subject to which a person has been released from custody in pursuance of an order made under that sub-section, the order made under sub-section (2) in respect of the person ceases to have effect.
Amended by No. 33, 1973, s. 7.

(8) Where an order is made under sub-section (2) in respect of a person who, by reason of unsoundness of mind, is unfit to be tried, he shall be detained until the Governor-General is satisfied by the certificate in writing of not less than two duly qualified medical practitioners that the person has become of sound mind and is fit to be tried, and, upon the Governor-General being so satisfied, the Governor-General may, by writing under his hand, order the removal of the person to such custody as is specified in the order so that he may be tried for the offence with which he was charged.

(9) For the purposes of the preceding provisions of this section, ''the Governor-General'' means the Governor-General of the Commonwealth, or the person for the time being administering the government of the Commonwealth, acting with the advice of the Attorney-General.
Amended by No. 33, 1973, s. 7.

(10) The Governor-General may make arrangements with the Governor of a State for or in relation to the detention in institutions maintained by the State of persons in respect of whom orders are made under sub-section (2).

CRIMES ACT 1914-1973 - SECT. 20C.
Offences by children and young persons.

SECT

Inserted by No. 84, 1960, s. 20.
20C.* (1) A child or young person who, in a State or Territory, is charged with or convicted of an offence against a law of the Commonwealth may be tried, punished or otherwise dealt with as if the offence were an offence against a law of the State or Territory.

(2) Where a person under the age of eighteen years is convicted of an offence against a law of the Commonwealth that is punishable by death, he shall not be sentenced to death but the Court shall impose such other punishment as the Court thinks fit.

CRIMES ACT 1914-1973 - SECT. 21.
Time for commencement of prosecutions.

SECT

Sub-section (1) amended by No. 9, 1926, s. 14.
21.* (1) A prosecution in respect of an offence against any law of the Commonwealth may be commenced as follows:-

(a) where the maximum term of imprisonment in respect of the offence in the case of a first conviction exceeds six months-at any time after the commission of the offence;

(b) where the maximum term of imprisonment in respect of the offence in the case of a first conviction does not exceed six months-at any time within one year after the commission of the offence; and

(c) where the punishment provided in respect of the offence is a pecuniary penalty and no term of imprisonment is mentioned-at any time within one year after the commission of the offence.
Amended by No. 9, 1926, s. 14.

(2) Notwithstanding any provision in any law of the Commonwealth passed before the commencement of this Act and providing any shorter time for the commencement of the prosecution, any prosecution for an offence against the law may be commenced at any time within one year after the commission of the offence.
Amended by No. 9, 1926, s. 14.

(3) Where by any law of the Commonwealth any longer time than the time provided by this section is provided for the commencement of a prosecution in respect of an offence against that law, a prosecution in respect of the offence may be commenced at any time within that longer time.

CRIMES ACT 1914-1973 - SECT. 21A.
Form of indictments, information and summonses.

SECT

Inserted by No. 9, 1926, s. 15.
21A.* (1) If at the hearing of any indictment, information or summons any objection is taken for an alleged defect therein in substance or in form, or if objection is taken to any variance between the indictment, information or summons and the evidence adduced at the hearing in support thereof, the Court may make such amendment in the indictment, information or summons as appears to it to be desirable or to be necessary to enable the real question in dispute to be determined.

(2) If in any such case the Court considers that the defendant has been misled by the form in which the indictment, information or summons has been made out, it may adjourn the hearing of the case for such period as it thinks fit and may make such order as to the costs of the adjournment as it thinks proper.
Amended by No. 33, 1973, s .7.

(3) The power of the Court under sub-section (1) shall not be exercised in cases where the Court considers that the required amendments cannot be made without injustice to the defendant.

CRIMES ACT 1914-1973 - SECT. 21B.
Reparation for offences.

SECT

Substituted by No. 84, 1960, s. 21; amended by No. 33, 1973, s. 7.
21B.* Where-

(a) a person is convicted of an offence against a law of the Commonwealth; or

(b) an order is made under section 19B in relation to an offence against a law of the Commonwealth committed by a person,
the Court may, in addition to the penalty, if any, imposed upon the person, order the offender-

(c) to make reparation to the Commonwealth or to a public authority under the Commonwealth, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the Commonwealth or the authority, as the case may be, by reason of the offence; or

(d) to make reparation to any person, by way of money payment or otherwise, in respect of any loss suffered by the person as a direct result of the offence.

CRIMES ACT 1914-1973 - SECT. 21C.
Burden of proof of lawful authority.

SECT

Inserted by No. 9, 1926, s. 15.
21C. Where under any law of the Commonwealth any act, if done without lawful authority, or without lawful authority or excuse, or without permission, is an offence against that law, the burden of proving that the act was done with lawful authority, or with lawful authority or excuse, or with permission (as the case may be), shall be on the person accused.*

CRIMES ACT 1914-1973 - SECT. 21D.
Prerogative of mercy.

SECT

Inserted by No. 84, 1960, s. 22.
21D. Nothing in this Part shall be construed as affecting the powers vested in the Governor-General in the exercise of the Royal prerogative of mercy.

CRIMES ACT 1914-1973 - SECT. 22.
Privilege of Parliament not affected.

SECT

22. Nothing in this Act shall derogate from any power or privilege of either House of the Parliament or of the Members or Committees of either House of Parliament as existing at the commencement of this Act.

CRIMES ACT 1914-1973 - SECT. 23.
Civil rights not affected.

SECT

Amended by No. 84, 1960, s. 23.
23. Nothing in this Act shall affect the right of any person aggrieved by any act or omission which is punishable as an offence against this Act to institute civil proceedings in any Court in respect of such act or omission.

CRIMES ACT 1914-1973 - SECT. 24.
Treason.

SECT

PART II-OFFENCES AGAINST THE GOVERNMENT
Substituted by No. 84, 1960, s. 24.
24. (1) A person who-

(a) kills the Sovereign, does the Sovereign any bodily harm tending to the death or destruction of the Sovereign or maims, wounds, imprisons or restrains the Sovereign;

(b) kills the eldest son and heir apparent, or the Queen Consort, of the Sovereign;

(c) levies war, or does any act preparatory to levying war, against the Commonwealth;

(d) assists by any means whatever, with intent to assist, an enemy-

(i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and

(ii) specified by proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth;

(e) instigates a foreigner to make an armed invasion of the Commonwealth or any Territory not forming part of the Commonwealth; or

(f) forms an intention to do any act referred to in a preceding paragraph of this sub-section and manifests that intention by an overt act,
shall be guilty of an indictable offence, called treason, and liable to the punishment of death.

(2) A person who-

(a) receives or assists another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or

(b) knowing that a person intends to commit treason, does not give information thereof with all reasonable despatch to a constable or use other reasonable endeavours to prevent the commission of the offence,
shall be guilty of an indictable offence.

Penalty: Imprisonment for life.
Amended by No. 33, 1973, s. 7.

(3) On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or (e) of sub-section (1) and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment.

(4) A sentence of death passed by a court in pursuance of this section shall be carried into execution in accordance with the law of the State or Territory in which the offender is convicted or, if the law of that State or Territory does not provide for the execution of sentences of death, in accordance with the directions of the Governor-General.

CRIMES ACT 1914-1973 - SECT. 24AA.
Treachery.

SECT

Inserted by No. 84, 1960, s. 24.
24AA. (1) A person shall not-

(a) do any act or thing with intent-

(i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; or

(ii) to overthrow by force or violence the established government of the Commonwealth, of a State or of a proclaimed country; or

(b) within the Commonwealth or a Territory not forming part of the Commonwealth-

(i) levy war, or do any act preparatory to levying war, against a proclaimed country;

(ii) assist by any means whatever, with intent to assist, a proclaimed enemy of a proclaimed country; or

(iii) instigate a person to make an armed invasion of a proclaimed country.

(2) Where a part of the Defence Force is on, or is proceeding to, service outside the Commonwealth and the Territories not forming part of the Commonwealth, a person shall not assist by any means whatever, with intent to assist, any persons-

(a) against whom that part of the Defence Force, or a force that includes that part of the Defence Force, is or is likely to be opposed; and

(b) who are specified, or included in a class of persons specified, by proclamation to be persons in respect of whom, or a class of persons in respect of which, this sub-section applies.

(3) A person who contravenes a provision of this section shall be guilty of an indictable offence, called treachery.

Penalty: Imprisonment for life.

(4) In this section-

''proclaimed country'' means a country specified by proclamation made for the purpose of this definition to be a proclaimed country, and includes any colony, overseas territory or protectorate of that country, or any territory for the international relations of which that country is responsible, which is a colony, overseas territory, protectorate or territory to which the proclamation is expressed to extend;

''proclaimed enemy'', in relation to a proclaimed country, means an enemy-

(a) of and at war with a proclaimed country, whether or not the existence of a state of war has been declared; and

(b) specified by proclamation made for the purpose of this definition to be an enemy of and at war with that country.

(5) A proclamation shall not be made for the purpose of the defi- nition of ''proclaimed country'', or for the purpose of the definition of ''proclaimed enemy'', in the last preceding sub-section except in pursuance of a resolution of each House of the Parliament passed within the preceding period of twenty-one days.

CRIMES ACT 1914-1973 - SECT. 24AB.
Sabotage.

SECT

Inserted by No. 84, 1960, s. 24. Sub-section (1) amended by No. 33, 1973, s. 7.

24AB. (1) In this section-

''act of sabotage'' means the destruction, damage or impairment, for a purpose intended to be prejudicial to the safety or defence of the Commonwealth, of any article-

(a) that is used, or intended to be used, by the Defence Force or a part of the Defence Force or is used, or intended to be used, in the Commonwealth or a Territory not forming part of the Commonwealth, by the armed forces of a country that is a proclaimed country for the purposes of the last preceding section;

(b) that is used, or intended to be used, in or in connexion with the manufacture, investigation or testing of weapons or apparatus of war;

(c) that is used, or intended to be used, for any purpose that relates directly to the defence of the Commonwealth; or

(d) that is in or forms part of a place that is a prohibited place within the meaning of section 80;

''article'' includes any thing, substance or material.

(2) A person who-

(a) carries out an act of sabotage; or

(b) has in his possession any article that is capable of use, and which he intends for use, in carrying out an act of sabotage,
shall be guilty of an indictable offence.

Penalty: Imprisonment for fifteen years.

(3) On a prosecution under this section it is not necessary to show that the accused person was guilty of a particular act tending to show a purpose intended to be prejudicial to the safety or defence of the Commonwealth and, notwithstanding that such an act is not proved against him, he may be convicted if, from the circumstances of the case, from his conduct or from his known character as proved, it appears that his purpose was a purpose intended to be prejudicial to the safety or defence of the Commonwealth.

(4) On a prosecution under this section, evidence is not admissible by virtue of the last preceding sub-section if the Magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the Judge presiding at the trial, as the case may be, is of the opinion that that evidence-

(a) would not tend to show that the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth; or

(b) would, having regard to all the circumstances of the case and notwithstanding the next succeeding sub-section, prejudice the fair trial of the defendant.

(5) If evidence referred to in the last preceding sub-section is admitted at the trial, the Judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth and must be disregarded by the jury in relation to any other question.

CRIMES ACT 1914-1973 - SECT. 24AC.
Institution of prosecutions.

SECT

Inserted by No. 84, 1960, s. 24.
24AC. (1) Proceedings for the commitment for trial of a person, or for the summary conviction of a person, in respect of an offence against any of the last three preceding sections shall not be instituted except by the Attorney-General or with the consent of the Attorney-General or of a person thereto authorized in writing by the Attorney-General.

(2) Notwithstanding that consent has not been obtained as provided by the last preceding sub-section-

(a) a person may be arrested for an offence referred to in that sub-section; or

(b) a warrant for the arrest of a person for such an offence may be issued and executed,
and he may be charged, and may be remanded in custody or on bail, but-

(c) no further proceedings shall be taken until that consent has been obtained; and

(d) he shall be discharged if proceedings are not continued within a reasonable time.

CRIMES ACT 1914-1973 - SECT. 24A.
Definition of seditious intention.

SECT

Inserted by No. 54, 1920, s. 12; amended by No. 84, 1960, ss. 25 and 63.
24A. An intention to effect any of the following purposes, that is to say-

(a) to bring the Sovereign into hatred or contempt;
(b) to excite disaffection against the Sovereign or the Government or Constitution of the United Kingdom or against either House of the Parliament of the United Kingdom;

(c) to excite disaffection against the Government or Constitution of any of the Queen's dominions;

(d) to excite disaffection against the Government or Constitution of the Commonwealth or against either House of the Parliament of the Commonwealth;

(e) to excite disaffection against the connexion of the Queen's dominions under the Crown;

(f) to excite Her Majesty's subjects to attempt to procure the alteration, otherwise than by lawful means, of any matter in the Commonwealth established by law of the Commonwealth; or

(g) to promote feelings of ill-will and hostility between different classes of Her Majesty's subjects so as to endanger the peace, order or good government of the Commonwealth,
is a seditious intention.
Sub-section (2) omitted by No. 84, 1960, s. 25.
* * * * * * * *

CRIMES ACT 1914-1973 - SECT. 24B.
Definition of seditious enterprise.

SECT

Inserted by No. 54, 1920, s. 12.
24B. (1) A seditious enterprise is an enterprise undertaken in order to carry out a seditious intention.

(2) Seditious words are words expressive of a seditious intention.

CRIMES ACT 1914-1973 - SECT. 24C.
Offences.

SECT

Inserted by No. 54, 1920, s. 12.
24C. Any person who-

(a) engages in or agrees or undertakes to engage in, a seditious enterprise;

(b) conspires with any person to carry out a seditious enterprise;

(c) counsels, advises or attempts to procure the carrying out of a seditious enterprise,
shall be guilty of an indictable offence.

Penalty: Imprisonment for three years.

CRIMES ACT 1914-1973 - SECT. 24D.
Seditious words.

SECT

Inserted by No. 54, 1920, s. 12.
24D. (1) Any person who writes, prints, utters or publishes any seditious words shall be guilty of an indictable offence.

Penalty: Imprisonment for three years.

(2) A person cannot be convicted of any of the offences defined in this or the preceding section upon the uncorroborated testimony of one witness.

CRIMES ACT 1914-1973 - SECT. 24E.
Punishment of offences.

SECT

Inserted by No. 54, 1920, s. 12.
24E. (1) An offence under either of the last two preceding sections shall be punishable either on indictment or summarily, but shall not be prosecuted summarily without the consent of the Attorney-General.

(2) If any person who is prosecuted summarily in respect of an offence against either of the last two preceding sections, elects, immediately after pleading, to be tried upon indictment, the Court or Magistrate shall not proceed to summarily convict that person but may commit him for trial.
Amended by No. 93, 1966, s. 3.

(3) The penalty for an offence under either of the last two preceding sections shall, where the offence is prosecuted upon indictment, be imprisonment for any period not exceeding three years, and, where the offence is prosecuted summarily, shall be imprisonment for a period not exceeding twelve months or a fine not exceeding Two hundred dollars or both.

CRIMES ACT 1914-1973 - SECT. 24F.
Certain acts done in good faith not unlawful.

SECT

Inserted by No. 84, 1960, s. 26.
24F. (1) Nothing in the preceding provisions of this Part makes it unlawful for a person-

(a) to endeavour in good faith to show that the Sovereign, the Governor-General, the Governor of a State, the Administrator of a Territory, or the advisers of any of them, or the persons responsible for the government of another country, has or have been, or is or are, mistaken in any of his or their counsels, policies or actions;

(b) to point out in good faith errors or defects in the government, the constitution, the legislation or the administration of justice of or in the Commonwealth, a State, a Territory or another country, with a view to the reformation of those errors or defects;

(c) to excite in good faith another person to attempt to procure by lawful means the alteration of any matter established by law in the Commonwealth, a State, a Territory or another country;

(d) to point out in good faith, in order to bring about their removal, any matters that are producing, or have a tendency to produce, feelings of ill-will or hostility between different classes of persons; or

(e) to do anything in good faith in connexion with an industrial dispute or an industrial matter.
Amended by No. 33, 1973, s. 7.

(2) For the purpose of the last preceding sub-section, an act or thing done-

(a) for a purpose intended to be prejudicial to the safety or defence of the Commonwealth;

(b) with intent to assist an enemy-

(i) at war with the Commonwealth; and

(ii) specified by proclamation made for the purpose of paragraph (d) of sub-section (1) of section 24 to be an enemy at war with the Commonwealth;

(c) with intent to assist a proclaimed enemy, as defined by sub-section (4) of section 24AA, of a proclaimed country as so defined; or

(d) with intent to assist persons specified in paragraphs (a) and (b) of sub-section (2) of that section,
is not an act or thing done in good faith.

CRIMES ACT 1914-1973 - SECT. 25.
Inciting mutiny.

SECT

Sub-section (1) amended by No. 84, 1960, s. 63.
25. (1) Any person who knowingly attempts-

(a) to seduce any person serving in the Queen's Forces from his duty and allegiance; or

(b) to incite any person serving in the Queen's Forces to commit an act of mutiny, or any traitorous or mutinous act; or

(c) to incite any person serving in the Queen's Forces to make or endeavour to make a mutinous assembly,
shall be guilty of an indictable offence.

Penalty: Imprisonment for life.
Amended by No. 80, 1950, s. 3.

(2) In this section the expression ''person serving in the Queen's Forces'' includes any person serving in any Naval, Military or Air Forces of the United Kingdom, the Commonwealth, or any British Possession.

CRIMES ACT 1914-1973 - SECT. 26.
Assisting prisoners of war to escape.

SECT

Substituted by No. 84, 1960, s. 27.
26. A person who knowingly aids an alien enemy who is a prisoner of war to escape, or in his escape, from a prison or place of confinement, or from the Commonwealth or a Territory not forming part of the Commonwealth, shall be guilty of an indictable offence.

Penalty: Imprisonment for life.

CRIMES ACT 1914-1973 - SECT. 27.
Unlawful drilling.

SECT

27. (1) Any person who-

(a) in contravention of the directions of a proclamation by the Governor-General in that behalf, trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or

(b) is present at any meeting or assembly of persons, held in contravention of the directions of a proclamation by the Governor-General, for the purpose of there training or drilling any other person to the use of arms or the practice of military exercises, movements or evolutions,
shall be guilty of an indictable offence.

Penalty: Imprisonment for five years.

(2) Any person who, at any meeting or assembly held in contravention of the directions of a proclamation by the Governor-General in that behalf, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, shall be guilty of an indictable offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 28.
Interfering with political liberty.

SECT

28. Any person who, by violence or by threats or intimidation of any kind, hinders or interferes with the free exercise or performance, by any other person, of any political right or duty, shall be guilty of an offence.

Penalty: Imprisonment for three years.

CRIMES ACT 1914-1973 - SECT. 29.
Destroying or damaging Commonwealth property.

SECT

29. Any person who wilfully and unlawfully destroys or damages any property, whether real or personal, belonging to the Commonwealth or to any public authority under the Commonwealth, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 29A.
False pretences.

SECT

Inserted by No. 9, 1926, s. 16.
29A. (1) Any person who, with intent to defraud, by any false pretence obtains from the Commonwealth or from any public authority under the Commonwealth any chattel, money, valuable security or benefit, shall be guilty of an offence.

(2) Any person who, with intent to defraud, by any false pretence, causes or procures any money to be paid, or any chattel, valuable security or benefit to be delivered or given, by the Commonwealth or by any public authority under the Commonwealth to any person, shall be guilty of an offence.

Penalty: Imprisonment for five years.

CRIMES ACT 1914-1973 - SECT. 29B.
False representation.

SECT

Inserted by No. 9, 1926, s. 16; amended by No. 6, 1941, s. 3.
29B. Any person who imposes or endeavours to impose upon the Commonwealth or any public authority under the Commonwealth by any untrue representation, made in any manner whatsoever, with a view to obtain money or any other benefit or advantage, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 29C.
Statements in applications for grant of money, &c.

SECT

Substituted by No. 84, 1960, s. 28.
29C. A person who, in or in connexion with or in support of, an application to the Commonwealth, to a Commonwealth officer or to a public authority under the Commonwealth for any grant, payment or allotment of money or allowance under a law of the Commonwealth makes, either orally or in writing, any untrue statement shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 30.
Seizing goods in Commonwealth custody.

SECT

Amended by No. 84, 1960, s. 29.
30. Any person who, without lawful authority, takes any goods or property out of the possession, custody, or control of the Commonwealth or a public authority under the Commonwealth or out of the possession, custody, or control of a Commonwealth officer who has the possession, custody, or control thereof by virtue of his office, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 30A.
Part IIA inserted by No. 9, 1926, s. 17. PART IIA-PROTECTION OF THE

SECT

CONSTITUTION AND OF PUBLIC AND OTHER
SERVICES
Unlawful associations.
Inserted by No. 9, 1926, s. 17. Sub-section (1) amended by No. 33, 1973, s. 7.
30A.** (1) The following are hereby declared to be unlawful associations, namely:-

(a) Any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages-

(i) the overthrow of the Constitution of the Commonwealth by revolution or sabotage;

(ii) the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

(iii) the destruction or injury of property of the Commonwealth or of property used in trade or commerce with other countries or among the States,

or which is, or purports to be, affiliated with any organization which advocates or encourages any of the doctrines or practices specified in this paragraph;

(b) Any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the doing of any act having or purporting to have as an object the carrying out of a seditious intention as defined in section 24A.
Inserted by No. 30, 1932, s. 3.

(1A) Without limiting the effect of the provisions of the last preceding sub-section, any body of persons, incorporated or unincorporated, which is, in pursuance of the next succeeding section, declared by the High Court or the Supreme Court of a State to be an unlawful association, shall be deemed to be an unlawful association for the purposes of this Act.

(2) Any branch or committee of an unlawful association, and any institution or school conducted by or under the authority or apparent authority of an unlawful association, shall, for all the purposes of this Act, be deemed to be an unlawful association.

CRIMES ACT 1914-1973 - SECT. 30AA.
Application for declaration as to unlawful association.

SECT

Inserted by No. 30, 1932, s. 4.
30AA. (1) The Attorney-General may apply to the High Court or to the Supreme Court of a State for an order calling upon any body of persons, incorporated or unincorporated, to show cause why it should not be declared to be an unlawful association.

(2) An application under the last preceding sub-section-

(a) shall be made on the ground that the body of persons to which it relates is one which is described in sub-section (1) of the last preceding section; and

(b) shall be by summons which may contain averments setting out the facts relied upon in support of the application.
Amended by No. 33, 1973, s. 7.

(3) The provisions of section 30R shall apply in relation to averments contained in the summons as if they were averments of the prosecutor in a prosecution for an offence under this Part.

(4) Service of a summons under this section upon the body of persons specified in the summons may be effected by publication of the summons in the Gazette and in a daily newspaper circulating in the city or town in which the head office in Australia of that body is stated in the summons to be situate, but the Court may order such further or other service as it thinks fit.

(5) Any officer or member of the body of persons specified in any summons issued under this section may appear on behalf of that body to show cause.

(6) The summons shall be heard by a single justice of the High Court or of the Supreme Court of a State.

(7) If cause to the contrary is not shown to the satisfaction of the Court, it may make an order declaring the respondent body of persons to be an unlawful association.

(8) Any person who is an interested person in relation to any declaration made under this section may, within fourteen days after the making of any such declaration, apply to the High Court for the setting aside of the order.

(9) Any application made under the last preceding sub-section shall be heard by a Full Court of the High Court consisting of not less than three Justices, and upon the hearing of the application the Court may affirm or annul the order.
Sub-section (10) omitted by No. 5, 1937, s. 4.
* * * * * * * *

CRIMES ACT 1914-1973 - SECT. 30AB.
Attorney-General may require information.

SECT

Inserted by No. 30, 1932, s. 4.
30AB. (1) If the Attorney-General believes that any person has in his possession any information or documents relating to an unlawful association, he may require the person, or, in the case of a corporation, any person holding a specified office in the corporation-

(a) to answer questions;

(b) to furnish information; and

(c) allow the inspection of documents belonging to, or in the possession of, that person or that corporation, as the case may be,
relating to-

(d) any money, property or funds belonging to or held by or on behalf of an unlawful association, or as to which there is reasonable cause to believe that they belong to or are held by or on behalf of an unlawful association;

(e) any payments made directly or indirectly by, to, or on behalf of, an unlawful association, or as to which there is reasonable cause to believe that they are so made; or

(f) any transactions to which an unlawful association is or is reasonably believed to be a party.
Amended by No. 93, 1966, s. 3.

(2) Any person failing or neglecting to answer questions, furnish information or produce documents as required in pursuance of this section, shall be guilty of an offence.

Penalty: Two hundred dollars or imprisonment for six months.

CRIMES ACT 1914-1973 - SECT. 30B.
Officers of unlawful associations.

SECT

Inserted by No. 9, 1926, s. 17.
30B. Any person over the age of eighteen years who is a member of an unlawful association, and any person who occupies or acts in any office or position in or of an unlawful association, or who acts as a representative of an unlawful association, or who acts as a teacher in any institution or school conducted by or under the authority or apparent authority of an unlawful association, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 30C.
Advocating or inciting to crime.

SECT

Inserted by No. 9, 1926, s. 17; amended by No. 33, 1973, s. 4.
30C. Any person who by speech or writing advocates or encourages-

(a) the overthrow of the Constitution of the Commonwealth by revolution or sabotage;

(b) the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

(c) the destruction or injury of property of the Commonwealth or of property used in trade or commerce with other countries or among the States,
shall be guilty of an offence and shall be liable on conviction to imprisonment for any period not exceeding two years.

CRIMES ACT 1914-1973 - SECT. 30D.
Giving or soliciting contributions for unlawful associations.

SECT

Inserted by No. 9, 1926, s. 17.
30D. (1) Any person who-

(a) gives or contributes money or goods to an unlawful association; or

(b) receives or solicits subscriptions or contributions of money or goods for an unlawful association,
shall be guilty of an offence.

Penalty: Imprisonment for six months.

(2) For the purposes of this section the printer and the publisher of a newspaper or periodical which contains any solicitation of subscriptions or contributions of money or goods for an unlawful association, or any notification or indication as to places where or persons to whom payment or delivery may be made of subscriptions or contributions of money or goods for an unlawful association, shall be deemed to solicit subscriptions or contributions of money or goods for an unlawful association.

CRIMES ACT 1914-1973 - SECT. 30E.
Books, &c., issued by unlawful association not transmissible by post.

SECT

Inserted by No. 9, 1926, s. 17.
30E. (1) No book, periodical, pamphlet, handbill, poster or newspaper issued by or on behalf or in the interests of any unlawful association shall-

(a) if posted in Australia, be transmitted through the post; or

(b) in the case of a newspaper, be registered as a newspaper under the provisions of the Post and Telegraph Act 1901-1923.
Amended by No. 30, 1932, s. 5.

(2) Any newspaper registered under that Act, which is issued by or on behalf or in the interests of any unlawful association, shall be removed from the register.
Amended by No. 84, 1960, s. 63.

(3) Any book, periodical, pamphlet, handbill, poster or newspaper posted in Australia, the transmission of which would be a contravention of this Act, shall be forwarded to the General Post Office of the State in which it was posted, and shall be forfeited to the Commonwealth and shall be destroyed or disposed of as the Postmaster-General directs.

CRIMES ACT 1914-1973 - SECT. 30F.
Prohibition of sale of books, &c., issued by unlawful association.

SECT

Inserted by No. 9, 1926, s. 17; amended by No. 30, 1932, s. 6.
30F. Any person who knowingly prints, publishes, sells or exposes for sale or who circulates or distributes any book, periodical, pamphlet, handbill, poster or newspaper for or in the interests of or issued by any unlawful association shall be guilty of an offence.

Penalty: Imprisonment for six months.

CRIMES ACT 1914-1973 - SECT. 30FA.
Imprints on publications.

SECT

Inserted by No. 30, 1932, s. 7.
30FA. (1) The imprint appearing upon any book, periodical, pamphlet, handbill, poster or newspaper shall, in any proceedings under this Part, be prima facie evidence that the book, periodical, pamphlet, handbill, poster or newspaper was printed or published by or on behalf of, or in the interests of, the person or body of persons specified in the imprint.

(2) For the purposes of this section, ''imprint'' means a statement of the name and address of the printer or of the publisher of the book, periodical, pamphlet, handbill, poster or newspaper with or without a description of the place where it is printed.

CRIMES ACT 1914-1973 - SECT. 30FB.
Broadcasting stations.

SECT

Inserted by No. 30, 1932, s. 7.
Sub-section (1) amended by No. 33, 1973, s. 7.
30FB. (1) The Postmaster-General may cancel any licence issued, under the Wireless Telegraphy Act 1905-1919 and the regulations thereunder, in respect of any broadcasting station from which is broadcast-

(a) any propaganda or advocacy in favour of any object specified in sub-paragraphs (i) to (iii) of paragraph (a) of sub-section (1) of section 30A; or

(b) any seditious matter,
and, where any licence so issued has expired, may refuse to renew the licence.
Amended by No. 33, 1973, s. 7.

(2) For the purposes of this section-

''broadcasting station'' means a station for the purpose of broadcasting messages by means of wireless telegraphy;

''seditious matter'' means any propaganda or matter disclosing a seditious intention as defined by section 24A.

CRIMES ACT 1914-1973 - SECT. 30FC.
Owner, &c., of building knowingly permitting meeting of unlawful association.

SECT


Inserted by No. 30, 1932, s. 7; amended by No. 93, 1966, s. 3.
30FC. Any person who, being the owner, lessee, agent or superintendent of any building, room, premises or place, knowingly permits therein any meeting of an unlawful association or of any branch or committee thereof, shall be guilty of an offence.

Penalty: Two hundred dollars or imprisonment for six months.

CRIMES ACT 1914-1973 - SECT. 30FD.
Disqualification from voting of member of unlawful association.

SECT

Inserted by No. 30, 1932, s. 7; amended by No. 33, 1973, s. 7.
30FD. Any person who, at the date of any declaration made by the High Court or the Supreme Court of a State under this Part declaring any body of persons to be an unlawful association, is a member of the Committee or Executive of that association, shall not for a period of seven years from that date be entitled to have his name placed on or retained on any roll of electors for the Senate or House of Representatives, or to vote at any Senate election or House of Representatives election unless so entitled under section 41 of the Constitution.

CRIMES ACT 1914-1973 - SECT. 30G.
Forfeiture of property held by an unlawful association.

SECT

Inserted by No. 9, 1926, s. 17; amended by No. 84, 1960, s. 63.
30G. All goods and chattels belonging to an unlawful association, or held by any person for or on behalf of an unlawful association, and all books, periodicals, pamphlets, handbills, posters or newspapers issued by or on behalf of, or in the interests of, an unlawful association shall be forfeited to the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 30H.
Proof of membership of an association.

SECT

Inserted by No. 9, 1926, s. 17.
30H. In any prosecution under this Act, proof that the defendant has, at any time since the commencement of this section-

(a) been a member of an association;

(b) attended a meeting of an association;

(c) spoken publicly in advocacy of an association or its objects; or

(d) distributed literature of an association,
shall, in the absence of proof to the contrary, be evidence that at all times material to the case he was a member of the association.

CRIMES ACT 1914-1973 - SECT. 30J.
Industrial disturbances, lock-outs and strikes.

SECT

Inserted by No. 9, 1926, s. 17.
30J. (1) If at any time the Governor-General is of opinion that there exists in Australia a serious industrial disturbance prejudicing or threatening trade or commerce with other countries or among the States, he may make a Proclamation to that effect, which Proclamation shall be and remain in operation for the purposes of this section until it is revoked.
Amended by No. 33, 1973, s. 5.

(2) Any person who, during the operation of such Proclamation, takes part in or continues, or incites to, urges, aids or encourages the taking part in, or continuance of, a lock-out or strike-

(a) in relation to employment in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States; or

(b) in relation to employment in, or in connexion with, the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth,
shall be guilty of an offence, and shall be liable on conviction to imprisonment for any period not exceeding one year.

(3) For the purposes of this section-

''employee'' includes any person whose usual occupation is as an employee;

''employer'' includes any person whose usual occupation is as an employer;

''lock-out'' includes the closing of a place or part of a place of employment, if the closing is unreasonable, and the total or partial refusal of employers, acting in combination, to give work, if the refusal is unreasonable, or the total or partial suspension of work by an employer, if the suspension is unreasonable, with a view to compel his employees, or to aid another employer in compelling his employees, to accept any term or condition of employment;

''strike'' includes the total or partial cessation of work by employees, acting in combination, if the cessation is unreasonable, as a means of enforcing compliance with demands made by them or by other employees on employers, and the total or partial refusal of employees, acting in combination, to accept work, if the refusal is unreasonable, and also includes job control.

CRIMES ACT 1914-1973 - SECT. 30K.
Obstructing or hindering the performance of services.

SECT

Inserted by No. 9, 1926, s. 17.
30K. Whoever, by violence to the person or property of another person, or by spoken or written threat or intimidation of any kind to whomsoever directed, or, without reasonable cause or excuse, by boycott or threat of boycott of person or property-

(a) obstructs or hinders the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth;

(b) compels or induces any person employed in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth to surrender or depart from his employment;

(c) prevents any person from offering or accepting employment in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth;

(d) obstructs or hinders the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States;

(e) compels or induces any person employed in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States to surrender or depart from his employment; or

(f) prevents any person from offering or accepting employment in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States,
shall be guilty of an offence.

Penalty: Imprisonment for one year.
Sections 30L-30Q repealed by No. 33, 1973, s. 6.
* * * * * * * *

CRIMES ACT 1914-1973 - SECT. 30R.
Effect of averments of prosecutor.

SECT

Inserted by No. 9, 1926, s. 17.
30R. (1) In any prosecution for an offence under this Part, or for an offence to which any provision of this Part is material, the averments of the prosecutor contained in the information or indictment shall be prima facie evidence of the matter or matters averred.

(2) The last preceding sub-section shall apply to any matter so averred although-

(a) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or

(b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.

(3) Any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this section.

(4) This section shall not lessen or affect any onus of proof otherwise falling on the defendant.

(5) Any book, periodical, pamphlet, handbill, poster or newspaper purporting to be issued by or on behalf of, or in the interests of, an association shall, unless the contrary is proved, be deemed to be so issued.

CRIMES ACT 1914-1973 - SECT. 31.
Definitions.

SECT

PART III-OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
Amended by No. 84, 1960, s. 30.
31. In this Part, unless the contrary intention appears-

''holder of a judicial office'' means the holder of a judicial office under the Commonwealth, or the holder of a judicial office acting in the exercise of Federal jurisdiction, and includes an arbitrator or umpire under any law of the Commonwealth or of a Territory;

''judicial proceeding'' means a proceeding in or before a Federal Court or Court exercising Federal jurisdiction, or Court of a Territory, and includes a proceeding before a body or person acting under the law of the Commonwealth, or of a Territory, in which evidence may be taken on oath.

CRIMES ACT 1914-1973 - SECT. 32.
Judicial corruption.

SECT

32. Any person who-

(a) being the holder of a judicial office, corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, or any other person, on account of anything already done or omitted to be done or to be afterwards done or omitted to be done by him in his judicial capacity; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for, any person holding a judicial office, any property or benefit of any kind on account of any such act or omission on the part of the person holding the judicial office,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 33.
Official corruption in relation to offences.

SECT

Amended by No. 84, 1960, s. 31.
33. Any person who-

(a) being a judge or magistrate not acting judicially, or being a Commonwealth officer employed in a capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him, with a view to corrupt or improper interference with the due administration of justice under the law of the Commonwealth or of a Territory, or the procurement or facilitation of the commission of any offence against the law of the Commonwealth or of a Territory, or the protection of an offender or intending offender against the law of the Commonwealth or of a Territory from detection or punishment; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure to, upon, or for, any such judge, magistrate, or Commonwealth officer, any property or benefit of any kind, on account of any such act or omission on the part of the judge, magistrate, or officer,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 34.
Judge or magistrate acting oppressively or when interested.

SECT

34. Any person who-

(a) being a judge or magistrate and being required or authorized by law to admit any person accused of an offence against the law of the Commonwealth to bail, without reasonable excuse, and in abuse of his office, requires excessive and unreasonable bail, or

(b) being a judge or magistrate, wilfully and perversely exercises Federal jurisdiction in any matter in which he has a personal interest,
shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 35.
Giving false testimony.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
35. (1) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter, material in that proceeding, shall be guilty of an indictable offence.**

Penalty: Imprisonment for five years.

(2) For the purpose of this section it is immaterial whether the testimony was given on oath or not on oath, or was given orally or in writing, or whether the Court or tribunal to which it was given was properly constituted or was held in the proper place, or whether the person who gave the testimony was a competent witness or not, or whether the testimony was admissible or not.

CRIMES ACT 1914-1973 - SECT. 36.
Fabricating evidence.

SECT

36. Any person who, with intent to mislead any tribunal in any judicial proceeding-

(a) fabricates evidence, or

(b) knowingly makes use of fabricated evidence,
shall be guilty of an offence.**

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 36A.
Intimidation of witnesses, &c.

SECT

Inserted by No. 84, 1960, s. 32.
36A. A person who-

(a) threatens, intimidates or restrains;

(b) uses violence to or inflicts an injury on;

(c) causes or procures violence, damage, loss or disadvantage to; or

(d) causes or procures the punishment of,
a person for or on account of his having appeared, or being about to appear, as a witness in a judicial proceeding shall be guilty of an indictable offence.

Penalty: Imprisonment for five years.

CRIMES ACT 1914-1973 - SECT. 37.
Corruption of witnesses.

SECT

37. Any person who-

(a) gives, confers, or procures, or promises or offers to give, confer, procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony, or

(b) attempts by any means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony, or to withhold true testimony, or

(c) asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, or any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony,
shall be guilty of an indictable offence.

Penalty: Imprisonment for five years.

CRIMES ACT 1914-1973 - SECT. 38.
Deceiving witnesses.

SECT

38. Any person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to effect the testimony of that person as a witness, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 39.
Destroying evidence.

SECT

39. Any person who, knowing that any book, document, or other thing of any kind, is or may be required in evidence in a judicial proceeding, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 40.
Preventing witnesses from attending Court.

SECT

Substituted by No. 84, 1960, s. 33.
40. A person who wilfully prevents or wilfully endeavours to prevent another person who has been summoned to attend as a witness in a judicial proceeding from attending as a witness or from producing anything in evidence pursuant to the subpoena or summons shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 41.
Conspiracy to bring false accusation.

SECT

Amended by No. 84, 1960, s. 34.
41. Any person who conspires with another to charge any person falsely or cause any person to be falsely charged with any offence against the law of the Commonwealth or of a Territory, shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 42.
Conspiracy to defeat justice.

SECT

42. Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice in relation to the judicial power of the Commonwealth, shall be guilty of an indictable offence.

Penalty: Imprisonment for five years.

CRIMES ACT 1914-1973 - SECT. 43.
Attempting to pervert justice.

SECT

43. Any person who attempts, in any way not specially defined in this Act, to obstruct, prevent, pervert, or defeat, the course of justice in relation to the judicial power of the Commonwealth, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 44.
Compounding offences.

SECT

Amended by No. 84, 1960, s. 35.
44. Any person who asks receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, upon any agreement or understanding that he will compound or conceal any indictable offence against the law of the Commonwealth or a Territory, or will abstain from, discontinue, or delay any prosecution for any such offence, or will withhold any evidence thereof, shall be guilty of an offence.

Penalty: Imprisonment for three years.

CRIMES ACT 1914-1973 - SECT. 45.
Inserting advertisements without authority of Court.

SECT

Amended by No. 84. 1960, s. 36.
45. Any person who, without authority, or knowing the advertisement to be false in any material particular, inserts in the Gazette or in any newspaper an advertisement purporting to be published under the authority of any Federal Court, or of any Court in the exercise of Federal jurisdiction, or of any Court of a Territory, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 46.
Aiding prisoner to escape.

SECT

46. Any person who-

(a) aids a person in escaping, or attempting to escape, from lawful custody in respect of any offence against the law of the Commonwealth, or

(b) conveys anything into a prison with intent to facilitate the escape therefrom of a prisoner who is in custody in respect of an offence against the law of the Commonwealth,
shall be guilty of an indictable offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 47.
Escaping.

SECT

47. Any person who, being a person in lawful custody under sentence after conviction for any offence against the law of the Commonwealth, escapes from such custody, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 48.
Permitting escape.

SECT

Amended by No. 216, 1973, s. 3.
48. Any person who, being an officer of a prison or a constable or a Commonwealth officer, and being charged for the time being with the custody of any person in respect of any offence against the law of the Commonwealth, wilfully permits him to escape from custody, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 49.
Removing property under seizure.

SECT

Amended by No. 84, 1960, s. 37.
49. Any person who, when any property has been attached or taken under the process or authority of any Federal Court, or Court acting in the exercise of Federal jurisdiction, or any Court of a Territory, knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of the property, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 50.
Obstructing officers of Courts.

SECT

Amended by No. 84, 1960, s. 38.
50. Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any Federal Court, or Court acting in the exercise of Federal jurisdiction, or any Court of a Territory, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 51.
Definitions.

SECT

PART IV-OFFENCES RELATING TO THE COINAGE**
Amended by No. 80, 1950, s. 3; No. 10, 1955, s. 3; and No. 84, 1960, s. 39.
51. In this Part, unless the contrary intention appears-

''coin'' includes-

(a) coin made in whole or in part out of material other than metal; and

(b) the coin of any country or place outside Australia;

''coining instrument'' includes any stamp, mould, press for coinage, tool, instrument, appliance, or machine-

(a) adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, or

(b) adapted or intended to be used for marking coin round the edges with marks or figures apparently resembling those on any genuine coin, or

(c) adapted for making blanks in the shape of any genuine coin;

''counterfeit'' as applied to coin, means-

(a) coin not genuine but resembling or apparently intended to resemble or pass for genuine coin,

(b) genuine coin which has been prepared or altered so as to resemble or be apparently intended to resemble or pass for coin of a higher denomination, and

(c) genuine coin which has been clipped or filed or the size or weight of which has otherwise been diminished, and which has been prepared or altered so as to conceal the clipping, filing or diminution;

and includes any such coin whether it is or is not in a fit state to be uttered, and whether the process of preparation or alteration is or is not complete;

''current'', in relation to coin, means coin of any of the kinds or denominations of coin which are or have been coined in a mint in any part of the Queen's dominions or are lawfully current in any part of the Queen's dominions;

''utter'' includes using, dealing with, or acting upon, and attempting to use, deal with, or act upon, and attempting to induce any person to use, deal with, or act upon, the thing in question as if it were genuine.

CRIMES ACT 1914-1973 - SECT. 52.
Gilding, &c., metal or other material with intent to make counterfeit coin.

SECT

Amended by No. 84, 1960, s. 40.
52. Any person who-

(a) gilds or silvers any piece of metal or other material of a fit size or figure to be coined, or colours any piece of metal or other material of such a size so as to make it look like gold or silver, with intent that it shall be coined into counterfeit gold or silver coin, or

(b) makes any piece of metal or other material into a fit size or figure to facilitate the coining from it of any counterfeit gold or silver coin with intent that any counterfeit gold or silver coin shall be made from it,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 53.
Making, &c., coining instruments.

SECT

53. Any person who, without lawful authority or excuse (proof whereof shall lie upon him), makes or mends, or begins or prepares to make or mend, or has in possession, or receives, or disposes of, any coining instrument, shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

CRIMES ACT 1914-1973 - SECT. 54.
Making counterfeit coin.

SECT

54. Any person who makes or begins to make any counterfeit current coin shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 55.
Buying or selling counterfeit coin.

SECT

55. Any person who, without lawful authority or excuse (proof whereof shall lie upon him)-

(a) buys, sells, receives, pays, or disposes of, any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing, or

(b) brings or receives into Australia any counterfeit coin, knowing it to be counterfeit,
shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

CRIMES ACT 1914-1973 - SECT. 56.
Possession of counterfeit coin, &c.

SECT

Amended by No. 84, 1960, s. 41.
56. Any person who has in possession-

(a) any counterfeit coin, knowing it to be counterfeit, with intent to utter it or with intent that it may be uttered by any other person; or

(b) any bullion, metal, material, substance or article intending to use it, or knowing that it is intended to be used, in or in connexion with the making of counterfeit coin,
shall be guilty of an indictable offence.

Penalty: Imprisonment for three years.

CRIMES ACT 1914-1973 - SECT. 57.
Uttering counterfeit coin.

SECT

57. Any person who utters any counterfeit coin, knowing it to be counterfeit, shall be guilty of an indictable offence.

Penalty: Imprisonment for three years.

CRIMES ACT 1914-1973 - SECT. 58.
Uttering metals, &c., as coin.

SECT

Amended by No. 84, 1960, s. 42.
58. Any person who, with intent to defraud, utters as and for current coin-

(a) any coin which is not a current coin, or

(b) any medal or piece of metal or other material, whether a coin or not, which is of less value than the current coin as and for which it is uttered,
shall be guilty of an indictable offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 59.
Clipping or sweating coins.

SECT

Amended by No. 84, 1960, s. 43.
59. Any person who deals with any current coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as current coin, shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 60.
Possession of clippings, &c.

SECT

Substituted by No. 84, 1960, s. 44.
60. Any person who, without lawful authority or excuse (proof whereof shall lie upon him), has in his possession or disposes of any metal or other material or substance which, to his knowledge, was obtained by dealing with current coin in such a manner as to diminish its weight, whether that metal, material or substance consists of filings, clippings, dust or bullion, is in solution or is in any other form, shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

CRIMES ACT 1914-1973 - SECT. 60A.
Making, possessing or selling tokens, &c., resembling coins.

SECT

Inserted by No. 84, 1960, s. 44.
60A. Any person who, without lawful authority or excuse (proof whereof shall lie upon him), makes, sells, offers for sale or has in his possession for sale, any medal, cast, token or other like thing, not being a genuine coin, that-

(a) resembles in size, figure and colour any current coin;

(b) bears a device resembling a device on a current coin; or

(c) is so formed that it can, by gilding, silvering, colouring, washing or other like process, be so dealt with as to resemble a current coin,
and is capable of being passed for genuine coin, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 61.
Forfeiture of coining instruments.

SECT

Sub-section (1) amended by No. 84, 1960, ss. 45 and 63.
61. (1) All coining instruments made by, or being in the possession of, any person without lawful authority, any metal or other material or substance intended to be made into counterfeit coins, all counterfeit coins, whether partly made or finished, and any material, substance or article used or intended to be used in or in connexion with the making of counterfeit coins, shall be forfeited to the Commonwealth.
Amended by No. 84, 1960, s. 63.

(2) Any person who, without lawful authority (proof whereof shall lie upon him), deals with or moves alters or interferes with anything which under this Part is forfeited to the Commonwealth, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 62.
Defacing coins.

SECT

62. Any person who defaces any current coin by stamping thereon any name or word, whether the weight of the coin is or is not thereby diminished, shall be guilty of an offence.

Penalty: Imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 62A.
Defacing or destroying coins.

SECT

Substituted by No. 84, 1960, s. 46.
62A. (1) A person who, without the consent of an authorized person, defaces or destroys, by melting or otherwise, a current gold coin shall be guilty of an offence.

Penalty: Imprisonment for one year.

(2) A person who, without the consent of an authorized person, destroys, by melting or otherwise, a current coin, not being a current gold coin, shall be guilty of an offence.

Penalty: Imprisonment for six months.

(3) A person who, without the consent of an authorized person, in the course of carrying on any trade or business, defaces a current coin, not being a current gold coin, shall be guilty of an offence.

Penalty: Imprisonment for six months.

(4) In this section, ''authorized person'' means the Treasurer or a person authorized in writing by the Treasurer to grant consents for the purposes of this section.

CRIMES ACT 1914-1973 - SECT. 63.
What amounts to forgery.

SECT

PART V-FORGERY
Sub-section (1) amended by No. 80, 1950, s. 3.
63. (1) A person shall be deemed to forge a seal, signature, document, register, or record, as the case may be-

(a) if he makes a counterfeit of the seal, or of the impression of the seal; or

(b) if he makes a counterfeit of the signature; or

(c) if he makes a document, register, or record, which is false, knowing it to be false; or

(d) if he, without authority, by any means whatever, alters a genuine document, register, or record, in any material particular,
with intent that the counterfeit seal or impression of a seal or signature, or the false or altered document, register, or record, may be used, acted on, or accepted, as genuine, to the prejudice of the Commonwealth, or of any State or person, or with intent that the Commonwealth, or any State or person, may, in the belief that it is genuine, be induced to do or refrain from doing any act whether in Australia or elsewhere.

(2) A person shall be deemed to make a counterfeit of a seal, or of an impression of a seal, or of a signature, if he, without authority-

(a) in the case of a seal, makes a seal in the form of the genuine seal, or in a form resembling or apparently intended to resemble or pass for the genuine seal, or

(b) in the case of an impression of a seal, makes an impression of the genuine seal, or an impression resembling or apparently intended to resemble or pass for the impression of the genuine seal, or

(c) in the case of a signature, makes a signature in the form of the genuine signature, or in a form resembling or apparently intended to resemble or pass for the genuine signature.

CRIMES ACT 1914-1973 - SECT. 63A.
Tampering with notes or securities.

SECT

Inserted by No. 9, 1926, s. 18.
63A. (1) Any person who, with intent to defraud, splits or otherwise tampers with the paper on which any Australian note or other Commonwealth security is printed, written or made, in such a manner as to sever from the note or security any material part thereof, shall be deemed to have forged the note or security, and both the note or security and the part severed therefrom shall be deemed to be forgeries.

(2) In this section ''paper'' includes any substance on which a note or security is printed, written or made.

CRIMES ACT 1914-1973 - SECT. 64.
What amounts to uttering.

SECT

64. A person shall be deemed to utter a forged seal, signature, document, register, or record, if he tenders or puts it off, or attempts to tender or put it off, or uses or deals with it, or attempts to use or deal with it, or attempts to induce any person to use, deal with, act upon, or accept it.

CRIMES ACT 1914-1973 - SECT. 65.
Forgery of seals.

SECT

Sub-section (1) amended by No. 84, 1960, ss. 47 and 63; and No. 216, 1973, s. 3.

65. (1) Any person who forges, or utters knowing it to be forged-

(a) the Great Seal of Australia or the Public Seal of a Territory; or

(b) the Seal of the High Court or any Federal Court, or any Seal used by the High Court or any Federal Court; or

(c) the Official Seal of a Minister of State; or

(d) any Official Seal used by any Department of the Commonwealth, of any public authority under the Commonwealth; or

(e) an Official Seal of which, under a law of the Commonwealth or a Territory, judicial notice is to be taken,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

(2) Any person who, without lawful authority (proof whereof shall lie upon him), makes, or has in possession, any die or stamp capable of making an impression in the form of any of the seals referred to in this section, or resembling or apparently intended to resemble or pass for any of those seals, shall be guilty of an offence.

Penalty: Imprisonment for two years.
Amended by No. 84, 1960, s. 63.

(3) Every die or stamp made or had in possession in contravention of this section shall be forfeited to the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 66.
Forgery of official signatures.

SECT

Amended by No. 84, 1960, ss. 48 and 63.
66. Any person who forges, or utters knowing it to be forged, the signature of-

(a) the Governor-General; or

(b) any Justice of the High Court, or any Justice or Judge of any Federal Court; or

(c) a Minister of State; or

(d) the President of the Senate, or the Speaker of the House of Representatives, or the Chairman of any Committee of either House; or

(e) a person of whose signature, under a law of the Commonwealth or a Territory, judicial notice is to be taken,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 67.
Forgery of Commonwealth documents.

SECT

Amended by No. 9, 1926, s. 19.
67. Any person who forges, or utters knowing it to be forged-

(a) any document issuable by, or deliverable to, the Senate or the House of Representatives, or any officer thereof; or

(b) any document issuable by, or deliverable to, any Department of the Commonwealth or any public authority under the Commonwealth, or any Commonwealth officer; or

(c) any document issuable by, or deliverable to, the High Court, or any Federal Court, or any Justice or officer thereof; or

(d) any register or record kept by the Senate or the House of Representatives, or any officer thereof; or

(e) any register, book, record or other document kept by any Department of the Commonwealth or any public authority under the Commonwealth or any Commonwealth officer; or

(f) any register or record kept by the High Court or any Federal Court, or any officer thereof,
shall be guilty of an indictable offence.

Penalty: Imprisonment for ten years.

CRIMES ACT 1914-1973 - SECT. 68.
Forging official marks.

SECT

68. Any person who, without lawful authority (proof whereof shall lie upon him) and with intent to deceive, makes any mark resembling, or apparently intended to resemble or pass for, any authorized official stamp or mark of any Department of the Commonwealth or of any public authority under the Commonwealth, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 69.
Making special paper, &c.

SECT

69. (1) Any person who, without lawful authority or excuse (proof whereof shall lie upon him)-

(a) knowingly makes, uses, has in possession, or disposes of, paper resembling, or apparently intended to resemble or pass for, paper which is specially provided by proper authority for the purposes of any Commonwealth document; or

(b) knowingly makes, uses, or has in possession or disposes of, any instrument or thing for making any mark resembling, or apparently intended to resemble or pass for, any distinctive mark used in or on any paper specially provided by proper authority for the purpose of any Commonwealth document,
shall be guilty of an indictable offence.

Penalty: Imprisonment for four years.
Amended by No. 84, 1960, s. 63.

(2) Any paper, instrument, or thing made or used in contravention of this section shall be forfeited to the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 70.
Disclosure of information by Commonwealth officers.

SECT

PART VI-OFFENCES BY AND AGAINST PUBLIC OFFICERS
Substituted by No. 84, 1960, s. 49.
70. (1) A person who, being a Commonwealth officer, publishes or communicates, except to some person to whom he is authorized to publish or communicate it, any fact or document which comes to his knowledge, or into his possession, by virtue of his office, and which it is his duty not to disclose, shall be guilty of an offence.

(2) A person who, having been a Commonwealth officer, publishes or communicates, without lawful authority or excuse (proof whereof shall lie upon him), any fact or document which came to his knowledge, or into his possession, by virtue of his office, and which, at the time when he ceased to be a Commonwealth officer, it was his duty not to disclose, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 71.
Stealing property of the Commonwealth.

SECT

Substituted by No. 9, 1926, s. 20.
71. (1) Any person who steals or fraudulently misappropriates or fraudulently converts to his own use any property belonging to the Commonwealth, or to any public authority under the Commonwealth, shall be guilty of an offence.

Penalty: Imprisonment for seven years.
Amended by No. 84, 1960, s. 50.

(2) Any property which comes into the possession of any Commonwealth officer by reason of the fact that he is a Commonwealth officer shall, for the purposes of this Act, be deemed to be the property of the Commonwealth, or, if the officer is employed in the service of a public authority under the Commonwealth, of that authority, notwithstanding that the officer was not authorized to receive it.
Substituted by No. 84, 1960, s. 50.

(3) A person who receives property belonging to the Commonwealth or to a public authority under the Commonwealth knowing the property to have been stolen or obtained in circumstances that amount to an offence against a law of the Commonwealth shall be guilty of an offence.

Penalty: Imprisonment for seven years.
Added by No. 84, 1960, s. 50.

(4) For the purposes of this section, property in the possession, custody or control of the Commonwealth or of a public authority under the Commonwealth shall be deemed to belong to the Commonwealth or to that authority, as the case may be.

CRIMES ACT 1914-1973 - SECT. 71A.
Proof of general deficiency sufficient.

SECT

Inserted by No. 9, 1926, s. 20.
71A. In any prosecution under the last preceding section, it shall not be necessary to prove the stealing, fraudulent misappropriation or conversion of any specific sum of money or other property if there is proof of a general deficiency on the examination of the books of account or entries kept or made by the defendant or otherwise and the Court or jury is satisfied that the accused stole, fraudulently misappropriated or converted to his own use the deficient money or other property or any part thereof.

CRIMES ACT 1914-1973 - SECT. 72.
Falsification of books or record by officers.

SECT

Amended by No. 9, 1926, s. 21.
72. Any person who, being a Commonwealth officer, fraudulently and in breach of his duty-

(a) makes any false entry in any book, record or document, or

(b) omits to make any entry in any book, record or document, or

(c) by act or omission falsifies any book, record or document, or

(d) destroys or damages any book, record or document, or

(e) furnishes any false return of any property, or

(f) omits to furnish any return of any property,
shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

CRIMES ACT 1914-1973 - SECT. 73.
Official corruption.

SECT

Substituted by No. 9, 1926, s. 22.
73. (1) Any Commonwealth officer who obtains or attempts to obtain any bribe shall be guilty of an offence.

Penalty: Imprisonment for two years.

(2) Any person who bribes or attempts to bribe any Commonwealth officer shall be guilty of an offence.

Penalty: Imprisonment for two years.
Substituted by No. 84, 1960, s. 51.

(3) In this section-

''bribe'' includes the giving, conferring or procuring of any property or benefit of any kind in respect of any act done or to be done, or any forbearance observed or to be observed, or any favour or disfavour shown or to be shown, in relation to a matter arising under a law of the Commonwealth or of a Territory or otherwise arising in relation to the affairs or business of the Commonwealth or of a Territory;

''Commonwealth officer'' includes a person who performs services for or on behalf of the Commonwealth, a Territory or a public authority under the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 74.
False returns or certificates by officers.

SECT

74. Any person who, being a Commonwealth officer, and employed in a capacity in which he is required or enabled to furnish returns or statements touching-

(a) any remuneration payable or claimed to be payable to himself or to any other person, or

(b) any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person,
makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 75.
Personating public officers.

SECT

75. Any person who-

(a) personates any Commonwealth officer on an occasion when the latter is required to do any act or attend in any place by virtue of his office or employment; or

(b) falsely represents himself to be a Commonwealth officer, and assumes to do any act or attend in any place for the purpose of doing any act by virtue of his pretended office or employment,
shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 76.
Resisting or obstructing public officers.

SECT

Amended by No. 9, 1926, s. 23.
76. Any person who wilfully obstructs or resists any Commonwealth officer while engaged in the discharge or attempted discharge of the duties of his office under any law of the Commonwealth, or wilfully obstructs or resists any person while engaged in the discharge or attempted discharge of any duty imposed on him by any law of the Commonwealth, or by violence or threats or intimidation of any kind interferes with, hinders or obstructs any person performing any service or function for or on behalf of the Commonwealth in the performance of that service or function, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 77.
Heading substituted by No. 84, 1960, s. 52.

SECT

PART VII-ESPIONAGE AND OFFICIAL SECRETS
Interpretation.
Substituted by No. 84, 1960, s. 52.
77. (1) In this Part, unless the contrary intention appears-

''article'' includes any thing, substance or material;

''cipher'' includes-

(a) a code or cryptogram;

(b) a system, method, device or machine whereby a cipher, code or cryptogram may be created; and

(c) a code word, password or identification signal;

''information'' means information of any kind whatsoever, whether true or false and whether in a material form or not, and includes-

(a) an opinion; and

(b) a report of a conversation;

''model'' includes design, pattern and specimen;

''plan'' includes a written record of a survey or of a bearing or measurement taken for the purpose of fixing the position of a place;

''sketch'' includes a representation of a place or thing;

''the Commonwealth'' includes the Territories.

(2) In this Part, unless the contrary intention appears-

(a) expressions referring to obtaining, collecting, recording, using, having in possession, communicating, receiving or retaining include obtaining, collecting, recording, using, having in possession, communicating, receiving or retaining in whole or in part, and whether the thing or information itself, or only the substance, effect or description of the thing or information, is obtained, collected, recorded, used, possessed, communicated, received or retained;

(b) expressions referring to obtaining or retaining any sketch, plan, photograph, model, cipher, note, document, article or information include copying or causing to be copied the whole or a part of the sketch, plan, photograph, model, cipher, note, document, article or information; and

(c) expressions referring to the communication of any sketch, plan, photograph, model, cipher, note, document, article or information include the transfer or transmission, or the publishing, of the sketch, plan, photograph, model, cipher, note, document, article or information.

(3) A reference in this Part to a sketch, plan, photograph, model, cipher, note, document or article or to information shall be read as including a reference to a copy of, a part of or a copy of a part of a sketch, plan, photograph, model, cipher, note, document or article or information.

(4) For the purposes of this Part, a place that is occupied by, or a thing that is under the control of, the Commonwealth shall be deemed to belong to the Commonwealth.

(5) This Part applies to and in relation to a sketch, plan, photograph, model, cipher, note, document or article by whomsoever it is made and whatsoever information it contains.

CRIMES ACT 1914-1973 - SECT. 78.
Espionage and similar activities

SECT

Substituted by No. 84, 1960, s. 52
78. (1) If a person for a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions-
(a) makes a sketch, plan, photograph, model, cipher, note, document or article that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign power;
(b) obtains, collects, records, uses, has in his possession or communicates to another person a sketch, plan, photograph, model, cipher, note, document, article or information that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign power; or
(c) approaches, is in the neighbourhood of, is in, enters, inspects or passes over a prohibited place,
he shall be guilty of an indictable offence.
Penalty: Imprisonment for seven years.

(2) On a prosecution under this section-
(a) it is not necessary to show that the accused person was guilty of a particular act tending to show a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions and, notwithstanding that such an act is not proved against him, he may be convicted if, from the circumstances of the case, from his conduct or from his known character as proved, it appears that his purpose was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions; and
(b) if any sketch, plan, photograph, model, cipher, note, document, article or information relating to or used in a prohibited place, or anything in such a place, was made, obtained, collected, recorded, used, possessed or communicated by any person other than a person acting under lawful authority, it shall, unless the contrary is proved, be deemed to have been made, obtained, collected, recorded, used, possessed or communicated for a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions.

(3) On a prosecution under this section, evidence is not admissable by virtue of paragraph (a) of the last preceding sub-section if the Magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the Judge presiding at the trial, as the case may be, is of the opinion that that evidence, if admitted-
(a) would not tend to show that the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions; or
(b) would, having regard to all the circumstances of the case and notwithstanding the next succeeding sub-section, prejudice the fair trial of the defendant.

(4) If evidence referred to in the last preceding sub-section is admitted at the trial, the Judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions and must be disregarded by the jury in relation to any other question.

CRIMES ACT 1914-1973 - SECT. 79.
Official secrets.

SECT

Substituted by No. 84, 1960, s. 52.
79. (1) For the purposes of this section, a sketch, plan, photograph, model, cipher, note, document, or article is a prescribed sketch, plan, photograph, model, cipher, note, document or article in relation to a person, and information is prescribed information in relation to a person, if the person has it in his possession or control and-

(a) it has been made or obtained in contravention of this Part;

(b) it has been entrusted to the person by a Commonwealth officer or a person holding office under the Queen or he has made or obtained it owing to his position as a person-

(i) who is or has been a Commonwealth officer;

(ii) who holds or has held office under the Queen;

(iii) who holds or has held a contract made on behalf of the Queen or the Commonwealth;

(iv) who is or has been employed by or under a person to whom a preceding sub-paragraph of this paragraph applies; or

(v) acting with the permission of a Minister,

and, by reason of its nature or the circumstances under which it was entrusted to him or it was made or obtained by him or for any other reason, it is his duty to treat it as secret; or

(c) it relates to a prohibited place or anything in a prohibited place and-

(i) he knows; or

(ii) by reason of its nature or the circumstances under which it came into his possession or control or for any other reason, he ought to know,

that it should not be communicated to a person not authorized to receive it.
Amended by No. 33, 1973, s. 7.

(2) If a person for a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions-

(a) communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than-

(i) a person to whom he is authorized to communicate it; or
(ii) a person to whom it is, in the interest of the Commonwealth or a part of the Queen's dominions, his duty to communicate it,

or permits a person, other than a person referred to in sub-paragraph (i) or (ii), to have access to it;

(b) retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it; or

(c) fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or article,
he shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.
Amended by No. 33, 1973, s. 7.

(3) If a person communicates a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, to a person, other than-

(a) a person to whom he is authorized to communicate it; or

(b) a person to whom it is, in the interest of the Commonwealth or a part of the Queen's dominions, his duty to communicate it,
or permits a person, other than a person referred to in paragraph (a) or (b), to have access to it, he shall be guilty of an offence.

Penalty: Imprisonment for two years.

(4) If a person-

(a) retains a prescribed sketch, plan, photograph, model, cipher, note, document or article in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it;

(b) fails to comply with a direction given by lawful authority with respect to the retention or disposal of a prescribed sketch, plan, photograph, model, cipher, note, document of article; or

(c) fails to take reasonable care of a prescribed sketch, plan, photograph, model, cipher, note, document or article, or prescribed information, or to ensure that it is not communicated to a person not authorized to receive it or so conducts himself as to endanger its safety,
he shall be guilty of an offence.

Penalty: Imprisonment for six months.
Amended by No. 33, 1973, s. 7.

(5) If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of section 78 or sub-section (2) of this section, he shall be guilty of an indictable offence unless he proves that the communication was contrary to his desire.

Penalty: Imprisonment for seven years.
Amended by No. 33, 1973, s. 7.

(6) If a person receives any sketch, plan, photograph, model, cipher, note, document, article or information, knowing, or having reasonable ground to believe, at the time when he receives it, that it is communicated to him in contravention of sub-section (3), he shall be guilty of an offence unless he proves that the communication was contrary to his desire.

Penalty: Imprisonment for two years.
Amended by No. 33, 1973, s. 7.

(7) On a prosecution under sub-section (2) it is not necessary to show that the accused person was guilty of a particular act tending to show a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions and, notwithstanding that such an act is not proved against him, he may be convicted if, from the circumstances of the case, from his conduct or from his known character as proved, it appears that his purpose was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions.

(8) On a prosecution under this section, evidence is not admissible by virtue of the last preceding sub-section if the Magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the Judge presiding at the trial, as the case may be, is of the opinion that that evidence, if admitted-

(a) would not tend to show that the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions; or

(b) would, having regard to all the circumstances of the case and notwithstanding the next succeeding sub-section, prejudice the fair trial of the defendant.

(9) If evidence referred to in the last preceding sub-section is admitted at the trial, the Judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the purpose of the defendant was a purpose intended to be prejudicial to the safety or defence of the Commonwealth or a part of the Queen's dominions and must be disregarded by the jury in relation to any other question.
Amended by No. 33, 1973, s. 7.

(10) A person charged with an offence against sub-section (2) may be found guilty of an offence against sub-section (3) or (4) and a person charged with an offence against sub-section (5) may be found guilty of an offence against sub-section (6).

CRIMES ACT 1914-1973 - SECT. 80.
Prohibited places.

SECT

Amended by No. 77, 1946, s. 10; No. 84, 1960, ss. 53 and 63; and No. 33, 1973, s. 7.
80. The following places shall be prohibited places:-

(a) Any work of defence, arsenal, factory, dockyard, aerodrome, camp, ship, aircraft, telegraph or signal station, or office, belonging to the Queen or the Commonwealth, and any other place belonging to the Queen or the Commonwealth used for the purpose of building, repairing, making, obtaining or storing any ship, aircraft, arms, or materials or instruments for use in time of war, or any plans or documents relating thereto;

(aa) Any camp, barracks or place where prisoners of war, internees or members of the Defence Force are detained;

(b) Any place not belonging to the Queen or the Commonwealth where any ship, aircraft, arms, or materials or instruments of use in time of war, or any plans of documents relating thereto, are being made, repaired, obtained, tested or stored under contract with, or with any person on behalf of, the Queen or the Commonwealth;

(c) Any place belonging to the Queen or the Commonwealth which is for the time being declared by the Governor-General to be a prohibited place for the purposes of this Part on the ground that information with respect thereto, or damage thereto, would be useful to an enemy or to a foreign power; and

(d) Any railway, road, way, or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith), or any place used for gas, water, electricity works or other works for purposes of a public character, or any place where any ship, aircraft, arms, or materials or instruments of use in time of war, or any plans or documents relating thereto, are being made, repaired, obtained, tested or stored otherwise than on behalf of the Queen or the Commonwealth, which is for the time being declared by the Governor-General by proclamation to be a prohibited place for the purposes of this Part, on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy or to a foreign power.

CRIMES ACT 1914-1973 - SECT. 81.
Harbouring spies.

SECT

Sub-section (1) amended by No. 84, 1960, s. 54.
81. (1) Any person who-

(a) knowingly harbours any person whom he knows or has reasonable ground for supposing to be a spy; or

(b) knowingly permits any persons, whom he knows or has reasonable ground for supposing to be spies, to meet or assemble in any premises in his occupation or under his control; or

(c) having harboured any person whom he knows or has reasonable ground for supposing to be a spy, or having permitted any persons whom he knows or has reasonable ground for supposing to be spies to meet or assemble in any premises in his occupation or under his control, refuses to disclose to any authorized officer any information which it is in his power to give in relation to that person or those persons,
shall be guilty of an offence.

Penalty: Imprisonment for seven years.
Amended by No. 33, 1973, s. 7; and No. 216, 1973, s. 3.

(2) For the purposes of this section any person who has committed any offence or is about to commit any offence against this Part (other than this section) shall be deemed to be a spy.
Substituted by No. 84, 1960, s. 54.

(3) In this section, ''authorized officer'' means-

(a) a Commonwealth Police Officer;

(b) an officer of the Defence Force who is in command or in charge of a prohibited place;

(c) a member of the Police Force of a State or Territory who is the principal officer of police in any town or locality; or

(d) any other person declared by the Attorney-General, in writing, to be an authorized officer for the purposes of this section.

CRIMES ACT 1914-1973 - SECT. 82.
Search warrants.

SECT

Substituted by No. 84, 1960, s. 55.
82. (1) If a Justice of the Peace is satisfied, by information on oath, that there is reasonable ground for suspecting that an offence against this Part has been, is being or is about to be committed, he may grant a search warrant.

(2) A search warrant granted under this section authorizes any constable or Commonwealth officer who is named in, or is lawfully in possession of, the warrant, with such assistance as he thinks necessary, to-

(a) enter, if necessary by force, at any time, any premises or place named or described in the warrant;

(b) search the premises or place and every person found therein and every person whom he reasonably believes to be about to enter or to have recently left the premises or place;

(c) break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises or place;

(d) seize anything that he finds on the premises or place or on any such person, and which he has reasonable grounds to believe is evidence of or otherwise relates to any offence or suspected offence which has been, is being or is about to be committed against this Part;

(e) make extracts from or copies of any book, document or paper liable to seizure under the warrant; and

(f) take such action as he considers expedient to prevent the commission of an offence against this Part.

(3) Where a search warrant is granted under this section-

(a) the person who applied for the grant of the warrant shall forward to the Attorney-General a report of all the circumstances relating to the granting of the warrant; and

(b) the constable or Commonwealth officer who executes the warrant shall forward to the Attorney-General a report of all the circumstances relating to the execution of the warrant.

(4) A female shall not be searched under this section except by a female.

(5) In this section, ''premises'' includes vehicle, vessel or aircraft.

CRIMES ACT 1914-1973 - SECT. 83.
Unlawful soundings.

SECT

83. (1) Any person who in the Commonwealth or in any Territory-

(a) takes any unlawful soundings; or

(b) makes any record of any unlawful soundings; or

(c) knowingly has in possession any record of unlawful soundings; or

(d) communicates to any person outside the Commonwealth or any Territory any record of or information concerning unlawful soundings; or

(e) communicates to any other person any record of or information concerning unlawful soundings with intent that the record or information may be communicated to any person outside the Commonwealth or any Territory,
shall be guilty of an indictable offence.

Penalty: Imprisonment for two years.
Amended by No. 84, 1960, s. 63.

(2) For the purposes of this section all soundings taken in the territorial waters of the Commonwealth or any Territory shall be deemed to be unlawful unless they were made under the authority of the Queen, the Commonwealth Government, or a State Government, or the Government of a Territory, or were reasonably necessary for the navigation of the vessel from which they were taken or for any purpose in which the vessel from which they were taken was lawfully engaged.

(3) In any prosecution under this section, proof that any soundings were not unlawfully taken shall lie upon the defendant.

(4) Any figure or word or sign representing a figure (other than the printed figures appearing on any official or recognized map or chart) appearing on any map or sketch of any portion of the coast or territorial waters of Australia or of a Territory shall, in the absence of satisfactory proof to the contrary, be deemed to be a record of an unlawful sounding, but nothing in this sub-section shall affect proof of unlawful soundings in any other manner.
Amended by No. 84, 1960, s. 63.

(5) All records of unlawful soundings including all maps or charts having thereon any record of unlawful soundings shall be forfeited to the Commonwealth.
Added by No. 84, 1960, s. 56.

(6) A reference in this section to soundings shall be read as including a reference to a hydrographic survey and a reference to the taking of soundings shall be read as including a reference to the making of a hydrographic survey.

CRIMES ACT 1914-1973 - SECT. 83A.
Illegal use of uniforms, official permits, impersonation, &c.

SECT

Inserted by No. 84, 1960, s. 57.
83A. (1) A person who, for the purpose of contravening, or of assisting another person to contravene, a provision of this Part or of gaining admission, or of assisting another person to gain admission, to a prohibited place-

(a) uses or wears, without lawful authority, a naval, military, air force, police or other official uniform, or a uniform so nearly resembling such a uniform as to be likely to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear such a uniform;

(b) makes use of a disguise or false name or knowingly conceals his identity or nationality;

(c) forges, alters, tampers with, disposes of or destroys an official permit or knowingly uses or has in his possession a forged, altered or irregular official permit or official paper or anything so closely resembling an official permit or official paper as to be likely to deceive;

(d) personates, or falsely represents himself to be, a person-

(i) who is or has been a Commonwealth officer;

(ii) who holds or has held office under the Queen;
(iii) who holds or has held a contract made on behalf of the Queen or the Commonwealth;

(iv) who is or has been employed by or under a person to whom a preceding sub-paragraph of this paragraph applies; or

(v) acting with the permission of a Minister;

(e) without lawful authority or excuse, manufactures, uses or disposes of, or has in his possession or under his control-

(i) an official die, key, badge, device, seal or stamp;

(ii) an impression of such a die, key, badge, device, seal or stamp; or

(iii) an official paper; or

(f) counterfeits an official die, key, badge, device, seal or stamp, or uses, disposes of or has in his possession or under his control-

(i) counterfeited official die, key, badge, device, seal or stamp;

(ii) anything so closely resembling an official die, key, badge, device, seal or stamp as to be likely to deceive; or

(iii) any paper so closely resembling an official paper as to be likely to deceive,
shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

(2) A person who, without lawful authority or excuse-

(a) allows another person to have possession of an official permit issued for the use of the first-mentioned person alone;

(b) being a person for whose use an official permit has been issued, fails to comply with a direction or condition appearing on, or given by the authority which issued, the permit;

(c) has in his possession or use an official permit issued for the use of some person other than himself;

(d) on obtaining possession of an official permit by finding or otherwise, neglects or fails to restore it to-

(i) the person or authority by whom or for whose use it was issued;

(ii) a Commonwealth officer; or

(iii) a constable; or

(e) manufactures, alters, disposes of or has in his possession or use an official die, key, badge, device, seal, or paper or anything so closely resembling such an article as to be likely to deceive,
shall be guilty of an indictable offence.

Penalty: Imprisonment for seven years.

(3) For the purposes of this section-

(a) the expression ''official permit'' means a naval, military, air force, police or official passport, pass, permit, badge, certificate, licence or document which-

(i) purports to identify the holder or authorizes him to do an act or thing; and

(ii) is used or intended for use in the service of the Queen or of the Commonwealth; and

(b) a die, key, badge, device, seal, stamp or paper shall be deemed to be an official die, key, badge, device, seal, stamp or paper, as the case may be, if it is used or intended for use in the service of the Queen or of the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 83B.
Arrest without warrant of offenders against this Part.

SECT

Inserted by No. 84, 1960, s. 57.
83B. A person may, without warrant, arrest another person-

(a) if that other person has committed, is committing, has attempted to commit or is attempting to commit an offence against this Part;

(b) if there is immediate danger that that other person will commit or attempt to commit an offence against this Part; or
(c) if that first-mentioned person is a constable and he has reasonable grounds for suspecting that that other person has committed, is committing, has attempted to commit, is attempting to commit or is about to commit an offence against this Part,
and the arrested person may be detained in proper custody to be dealt with according to law.

CRIMES ACT 1914-1973 - SECT. 84.
Arrest of persons in or about prohibited places.

SECT

Substituted by No. 84, 1960, s. 57.
84. (1) Where a Commonwealth officer has reasonable grounds for suspecting that a person who is in, or in the neighbourhood of, a prohibited place has committed, is committing, has attempted to commit, is attempting to commit or is about to commit an offence against this Part, the Commonwealth officer may, without warrant, arrest that person.

(2) A person who is arrested in pursuance of the last preceding sub-section shall forthwith be brought before the officer or other person in charge of the prohibited place.

(3) The officer or other person in charge of the prohibited place may order the person brought before him to be detained pending further investigation, and the person shall thereupon be detained.

(4) If a person is arrested under this section, a report of the facts and circumstances shall forthwith be made by the officer or other person in charge of the prohibited place to the Attorney-General and-

(a) if no charge is laid against the suspected person within twenty-four hours after his arrest-he shall be released from detention; or

(b) if a charge is laid against the suspected person-he shall be dealt with according to law.

(5) No action lies against the Commonwealth or a Commonwealth officer or any other person in respect of any arrest or detention in pursuance of this section, but if the Governor-General is satisfied that an arrest or detention was made without reasonable cause he may award reasonable compensation in respect of the arrest or detention.

CRIMES ACT 1914-1973 - SECT. 84A.
Search of suspects.

SECT

Inserted by No. 84, 1960, s. 57.
84A. (1) If a Commonwealth officer or a constable, while acting in the course of his duty or employment, has reasonable ground for suspecting that a person who-

(a) is about to enter or leave the Commonwealth;

(b) has been in or near, or has passed over, a prohibited place; or

(c) is behaving or has behaved in a suspicious manner,
is in possession of evidence of an offence against this Part, the officer or constable may cause the person, his belongings and any bag or other article in his possession to be searched, and may, without warrant, detain the person for that purpose.

(2) A female shall not be searched under this section except by a female.

CRIMES ACT 1914-1973 - SECT. 85.
Institution of prosecution.

SECT

Sub-section (1) substituted by No. 216, 1973, s. 3.
85. (1) A prosecution under this Part shall be instituted only by or with the consent of the Attorney-General or of a person acting under his direction but a person charged with an offence against this Part may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General or a person acting under his direction has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

(2) Nothing in this section shall prevent the discharging of the accused if proceedings are not continued within a reasonable time.

CRIMES ACT 1914-1973 - SECT. 85A.
Offences by companies, &c.

SECT

Inserted by No. 84, 1960, s. 58.
85A. Where an offence against this Part is committed by a company or corporation, or by a member or servant of a partnership acting in the course of the business of the partnership, every director and officer of that company or corporation, or every member of that partnership, as the case may be, shall be guilty of that offence, unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

CRIMES ACT 1914-1973 - SECT. 85B.
Hearing in camera, &c.

SECT

Inserted by No. 84, 1960, s. 58.
85B. (1) At any time before or during the hearing before a Federal court, a court exercising Federal jurisdiction or a court of a Territory of an application or other proceedings, whether in pursuance of this Act or otherwise, the Judge or Magistrate, or other person presiding or competent to preside over the proceedings, may, if satisfied that such a course is expedient in the interest of the defence of the Commonwealth-

(a) order that some or all of the members of the public shall be excluded during the whole or a part of the hearing of the application or proceedings;

(b) order that no report of the whole or a specified part of or relating to the application or proceedings shall be published; or

(c) make such order and give such directions as he thinks necessary for ensuring that no person, without the approval or the court, has access, either before, during or after the hearing of the application or the proceedings, to any affidavit, exhibit, information or other document used in the application or the proceedings that is on the file in the court or in the records of the court.

(2) A person who contravenes or fails to comply with an order made or direction given in pursuance of this section shall be guilty of an offence.

Penalty: Imprisonment for five years.

CRIMES ACT 1914-1973 - SECT. 85C.
Imprints to be evidence.

SECT

Inserted by No. 84, 1960, s. 58.
85C. (1) The imprint appearing upon a book, periodical, pamphlet, hand-bill, poster or newspaper is, in a prosecution for an offence against this Part, evidence that the book, periodical, pamphlet, hand-bill, poster or newspaper was printed or published by the person specified in the imprint.

(2) For the purposes of this section, ''imprint'' means a statement of the name and address of the printer or the publisher of the book, periodical, pamphlet, hand-bill, poster or newspaper, with or without a description of the place where it is printed.

CRIMES ACT 1914-1973 - SECT. 85D.
Forfeiture of articles, &c.

SECT

Inserted by No. 84, 1960, s. 58.
85D. A photograph, sketch, plan, model, article, cipher, note, record, document, die, key, badge, device, seal, stamp or paper which is made, obtained, collected, recorded, retained, forged, possessed or otherwise dealt with in contravention of this Part is forfeited to the Commonwealth.

CRIMES ACT 1914-1973 - SECT. 85E.
Jurisdiction of courts.

SECT

PART VIII-MISCELLANEOUS
Inserted by No. 84, 1960, s. 59.
85E. (1) Subject to the succeeding provisions of this section-

(a) the several courts of the States are invested with federal jurisdiction; and

(b) jurisdiction is conferred on the several courts of the Territories,
with respect to offences against this Act.
Amended by No. 33, 1973, s. 7.

(2) The jurisdiction invested in, or conferred on, courts by the last preceding sub-section is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, whether those limits are as to subject-matter or otherwise, but subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2) of section 39 of the Judiciary Act 1903-1960.

(3) The jurisdiction invested in, or conferred on, a court of summary jurisdiction by this section shall not be judicially exercised except by a Judge, a Magistrate, or a District Officer or Assistant District Officer of a Territory.

(4) The trial on indictment of an offence against this Act, not being an offence committed within a State, may be held in any State or Territory.

(5) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for-

(a) their summary conviction;

(b) their examination and commitment for trial on indictment;

(c) their trial and conviction on indictment; and

(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act.

(6) Except as provided by this section, the Judiciary Act 1903-1960 applies in relation to offences against this Act.

(7) For the purposes of this section, ''court of summary jurisdiction'' includes a court of a Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory.

CRIMES ACT 1914-1973 - SECT. 86.
Conspiracy.

SECT

Substituted by No. 84, 1960, s. 59.
86.* (1) A person who conspires with another person-

(a) to commit an offence against a law of the Commonwealth;

(b) to prevent or defeat the execution or enforcement of a law of the Commonwealth;

(c) to effect a purpose that is unlawful under a law of the Commonwealth;

(d) to effect a lawful purpose by means that are unlawful under a law of the Commonwealth; or

(e) to defraud the Commonwealth or a public authority under the Commonwealth,
shall be guilty of an indictable offence.

Penalty: Imprisonment for three years.

(2) Notwithstanding the penalty set out at the foot of the last preceding sub-section-

(a) where the offender conspired with another person to commit an offence against a law of the Commonwealth that is punishable by death-the Court before which the offender is convicted may impose a penalty of imprisonment for life or such lesser penalty as it thinks fit; and

(b) where the offender conspired with another person to commit an offence against a law of the Commonwealth that is punishable by imprisonment for a greater period than three years-the offender is punishable as if he had committed that offence.

(3) In this section, ''law of the Commonwealth'' includes a law of a Territory.

CRIMES ACT 1914-1973 - SECT. 87.
False certificates.

SECT

87. Any person who, being authorized or required by a law of the Commonwealth to give any certificate touching any matter by virtue whereof the rights of any person may be harmfully affected, gives a certificate which is, to his knowledge, false in any material particular, shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 88.
Buying or selling offices.

SECT

88. Any person who-

(a) corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted to be done or to be afterwards done or omitted to be done, by him or any other person, with regard to the appointment or contemplated appointment of any person to any office or employment in the Public Service of the Commonwealth or of a Territory, or with regard to any application by any person for employment in the Public Service of the Commonwealth or of a Territory; or

(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to upon or for any person any property or benefit of any kind on account of any such act or omission;
shall be guilty of an offence.

Penalty: Imprisonment for two years.

CRIMES ACT 1914-1973 - SECT. 89.
Trespassing on Commonwealth land.

SECT

Substituted by No. 84, 1960, s. 60.
Sub-section (1) amended by No. 93, 1966, s. 3.
89. (1) A person who, without lawful excuse (proof whereof shall lie upon him), trespasses or goes upon any prohibited Commonwealth land shall be guilty of an offence.

Penalty: One hundred dollars.
Amended by No. 93, 1966, s. 3.

(2) Where a person is found upon prohibited Commonwealth land, a constable or an authorized Commonwealth officer may request the person to furnish his name and address to the constable or officer and, if the person fails to comply with the request, he shall be guilty of an offence.

Penalty: One hundred dollars.
Amended by No. 33, 1973, s. 7.

(3) Where a person is found upon prohibited Commonwealth land and a constable or authorized Commonwealth officer has reasonable grounds to believe that that person has gone upon the land in circumstances that amount to an offence against sub-section (1), the constable or officer may apprehend that person and that person may be detained in proper custody to be dealt with according to law.

(4) An authorized Commonwealth officer shall not, under this section, request a person to furnish his name or address, or apprehend a person, unless he first produces to the person the instrument by virtue of which he is an authorized Commonwealth officer.

(5) In this section-

''authorized Commonwealth officer'' means a Commonwealth officer declared by a Minister, by instrument in writing, to be an authorized Commonwealth officer for the purposes of this section;

''prohibited Commonwealth land'' means land belonging to, or in the occupation of, the Commonwealth or a public authority under the Commonwealth, being land upon which is posted a notice to the effect that trespassing upon the land is prohibited.

CRIMES ACT 1914-1973 - SECT. 89A.
Discharging firearms on or over Commonwealth land.

SECT

Substituted by No. 84, 1960, s. 60.
89A. (1) A person who, without lawful authority or excuse (proof whereof shall lie upon him), discharges a firearm upon or over a prohibited area shall be guilty of an offence and the firearm shall be forfeited to the Commonwealth.

Penalty: Imprisonment for six months.

(2) A person who commits an offence against this section may be apprehended by a constable or an authorized Commonwealth officer and detained in proper custody to be dealt with according to law.

(3) An authorized Commonwealth officer shall not, under this section, apprehend a person unless he first produces to the person the instrument by virtue of which he is an authorized Commonwealth officer.

(4) In this section-

''authorized Commonwealth officer'' means a Commonwealth officer declared by a Minister, by instrument in writing, to be an authorized Commonwealth officer for the purposes of this section;

''prohibited area'' means land belonging to, or in the occupation of, the Commonwealth or a public authority under the Commonwealth, being land upon which is posted a notice to the effect that shooting upon or over the land is prohibited.

CRIMES ACT 1914-1973 - SECT. 90.
Trespass by cattle or live stock.

SECT

Amended by No. 93, 1966, s. 3.
90. Any person who, without lawful excuse (proof whereof shall lie upon him), suffers or permits any cattle or other live stock in his possession, custody, or control, to trespass or stray upon any land belonging to, or in the occupation of, the Commonwealth, shall be guilty of an offence.

Penalty: Ten dollars.

CRIMES ACT 1914-1973 - SECT. 90A.
Destroying, &c., posters, &c., relating to Commonwealth loans.

SECT

Inserted by No. 10, 1955, s. 5; amended by No. 93, 1966, s. 3.
90A. A person shall not, without lawful authority, destroy, injure, disfigure or remove a poster, advertisement or notice relating to a Commonwealth loan.

Penalty: Two hundred dollars or imprisonment for one year.

CRIMES ACT 1914-1973 - SECT. 90B.
False statements in documents filed, &c., under laws of a Territory.

SECT

Inserted by No. 84, 1960, s. 61; amended by No. 216, 1973, s. 3.
90B. A person who-

(a) in a document that, under a law of a Territory, is, or is required to be, produced or furnished to, or filed or lodged with, a Commission officer; or

(b) in a document that is required to be registered under, or to be prepared for the purposes of, a law of a Territory,
knowingly makes a false statement shall be guilty of an offence.

Penalty: Imprisonment for two years.
Section 91 repealed by No. 33, 1973, s. 6.
* * * * * * * *
------------------------------------------------------------------------------ --

CRIMES ACT 1914-1973 - NOTES


NOTES
1. The Crimes Act 1914-1973 comprises the Crimes Act 1914 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Crimes Act 1914 No. 12, 1914 29 Oct 1914 29 Oct 1914
Crimes Act 1915 No. 6, 1915 7 May 1915 29 Oct 1914
War Precautions Act
Repeal Act 1920 No. 54, 1920 2 Dec 1920 2 Dec 1920
Crimes Act 1926 No. 9, 1926 16 Mar 1926 29 Mar 1926
Crimes Act 1928 No. 13, 1928 22 June 1928 22 June 1928
Crimes Act 1932 No. 30, 1932 30 May 1932 30 May 1932
Judiciary Act 1937 No. 5, 1937 3 July 1937 3 July 1937
Crimes Act 1941 No. 6, 1941 4 Apr 1941 3 Sept 1939
Defence (Transitional
Provisions) Act 1946 No. 77, 1946 14 Dec 1946 1 Jan 1947
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Crimes Act 1955 No. 10, 1955 31 May 1955 31 May 1955
Crimes Act 1959 No. 11, 1959 23 Apr 1959 Ss. 1, 2 and 3:
Royal Assent
s. 4: 14 Jan 1960
(a)
Crimes Act 1960 No. 84, 1960 13 Dec 1960 13 Dec 1960
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Crimes Act 1973 No. 33, 1973 27 May 1973 27 May 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) Section 2 of the Crimes Act 1959 provides as follows:

''2. Sections one, two and three of this Act shall come into operation on the day on which this Act receives the Royal Assent and section four of this Act shall come into operation on the day on which the Reserve Bank Act 1959 comes into operation.''

The Reserve Bank Act 1959 was proclaimed to come into operation on 14 January 1960 (see Gazette 1960, p. 47).

In relation to criminal law legislation, general reference should be made to the Crimes (Aircraft) Act 1963-1973, the Crimes (Overseas) Act 1964-1973, the Removal of Prisoners (Territories) Act 1923-1973, the Removal of Prisoners (Australian Capital Territory) Act 1968-1973, the Commonwealth Prisoners Act 1967-1973, the Extradition (Commonwealth Countries) Act 1966-1973, the Extradition (Foreign States) Act 1966-1973, the Commonwealth Police Act 1957-1973 and the Commonwealth Places (Application of Laws) Act 1970-1973.
2.-S. 3-By section 15 of the Australian Security Intelligence Organization Act 1956-1973, the Director-General of the Australian Security Intelligence Organization and officers and employees of the Organization are deemed to be Commonwealth officers for the purposes of this Act.
3.-S. 5-Section 102 of the Trade Marks Act 1955-1973, which relates to the aiding and abetting of offences under that Act, provides that that section does not affect the operation of section 5 of this Act.
4.-Ss. 5, 6, 7, 7A, 86-See sub-section 5 (2) of the Commonwealth Places (Application of Laws) Act 1970-1973.
5.-Ss. 8A-10, 14-15, 17-19, 19B, 20A-21C-See sub-section 5 (3) of, and the Schedule to, the Commonwealth Places (Application of Laws) Act 1970-1973.
6.-S. 9 (4)-Sections 84 and 85 of the Judiciary Act 1903-1973 provide as follows:

''84. Proceedings on seizures made on the high seas for forfeiture under any law of the Commonwealth may be prosecuted in any State or Territory into which the property seized is brought. Proceedings on such seizures made within any State or Territory shall be prosecuted in the State or Territory where the seizure is made, except in cases when it is otherwise provided by law.

''85. All property taken or obtained by any officer or person under the authority of any revenue law of the Commonwealth shall be deemed to be in the custody of the law, and subject only to the orders and judgments of the Courts having jurisdiction thereof under this or any Act.''
7.-S. 11-See also section 30 of the Acts Interpretation Act 1901-1973.
8.-Ss. 12, 12A-See also section 85E of this Act.
9. Section 22 of the Commonwealth Prisoners Act 1967-1973 provides that that Act does not affect the operation of section 17, 19A or 20 of this Act. See also Note 4.
10.-S. 30A-Section 144 of the Conciliation and Arbitration Act 1904-1973, which relates to the right of a person to be admitted as a member of an industrial organization, expressly excludes persons who are members of an unlawful association within the meaning of sub-section 30A (1) of this Act.
11.-Ss. 35 (1), 36-By section 183Q of the Customs Act 1901-1973, a statement or disclosure made by a witness to a Committee of Inquiry established under section 183D of that Act is not admissible in evidence against him in a court other than in a prosecution under section 36 of this Act.
12.-Part IV-See also section 22 of the Currency Act 1965-1973.