Death Penalty Abolition Act 1973
Act No. 100 of 1973 as amended
This compilation was prepared on 19 April 2010
taking into account amendments up to Act No. 37 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1............ Short title [see Note 1]........................................................................ 1
2............ Commencement [see Note 1].............................................................. 1
3............ Application of Act............................................................................... 1
4............ Abolition of death penalty................................................................... 1
5............ Substitution of imprisonment for life.................................................. 2
6............ Death penalty must not be imposed..................................................... 2
Notes 3
An Act to abolish Capital Punishment under the Laws of the Commonwealth, of the States and of the Territories, and under certain other Laws in relation to which the Powers of the Parliament extend
1 Short title [see Note 1]
This Act may be cited as the Death Penalty Abolition Act 1973.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Application of Act
(1) This Act applies within and outside Australia and extends to all the Territories.
(2) This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts.
(3) Section 6 also applies in relation to, and in relation to offences under, the laws of the States.
(4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act.
4 Abolition of death penalty
A person is not liable to the punishment of death for any offence referred to in subsection 3(2).
5 Substitution of imprisonment for life
Where by any law referred to in subsection 3(2) (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment.
6 Death penalty must not be imposed
The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).