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C2023C00123 (C146)
01 July 2023
-
11 August 2023
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Volume 1
1 Short title
2 Commencement
3 The Criminal Code
3A External Territories
3B Offshore installations
4 Definitions
5 Regulations
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Schedule—The Criminal Code
Chapter 1—Codification
1.1 Codification
Chapter 2—General principles of criminal responsibility
Part 2.1—Purpose and application
2.1 Purpose
2.2 Application
2.3 Application of provisions relating to intoxication
Part 2.2—The elements of an offence
Division 3—General
3.1 Elements
3.2 Establishing guilt in respect of offences
Division 4—Physical elements
4.1 Physical elements
4.2 Voluntariness
4.3 Omissions
Division 5—Fault elements
5.1 Fault elements
5.2 Intention
5.3 Knowledge
5.4 Recklessness
5.5 Negligence
5.6 Offences that do not specify fault elements
Division 6—Cases where fault elements are not required
6.1 Strict liability
6.2 Absolute liability
Part 2.3—Circumstances in which there is no criminal responsibility
Division 7—Circumstances involving lack of capacity
7.1 Children under 10
7.2 Children over 10 but under 14
7.3 Mental impairment
Division 8—Intoxication
8.1 Definition—self induced intoxication
8.2 Intoxication (offences involving basic intent)
8.3 Intoxication (negligence as fault element)
8.4 Intoxication (relevance to defences)
8.5 Involuntary intoxication
Division 9—Circumstances involving mistake or ignorance
9.1 Mistake or ignorance of fact (fault elements other than negligence)
9.2 Mistake of fact (strict liability)
9.3 Mistake or ignorance of statute law
9.4 Mistake or ignorance of subordinate legislation
9.5 Claim of right
Division 10—Circumstances involving external factors
10.1 Intervening conduct or event
10.2 Duress
10.3 Sudden or extraordinary emergency
10.4 Self defence
10.5 Lawful authority
Part 2.4—Extensions of criminal responsibility
11.1 Attempt
11.2 Complicity and common purpose
11.2A Joint commission
11.3 Commission by proxy
11.4 Incitement
11.5 Conspiracy
11.6 References in Acts to offences
Part 2.5—Corporate criminal responsibility
12.1 General principles
12.2 Physical elements
12.3 Fault elements other than negligence
12.4 Negligence
12.5 Mistake of fact (strict liability)
12.6 Intervening conduct or event
Part 2.6—Proof of criminal responsibility
13.1 Legal burden of proof—prosecution
13.2 Standard of proof—prosecution
13.3 Evidential burden of proof—defence
13.4 Legal burden of proof—defence
13.5 Standard of proof—defence
13.6 Use of averments
Part 2.7—Geographical jurisdiction
Division 14—Standard geographical jurisdiction
14.1 Standard geographical jurisdiction
Division 15—Extended geographical jurisdiction
15.1 Extended geographical jurisdiction—category A
15.2 Extended geographical jurisdiction—category B
15.3 Extended geographical jurisdiction—category C
15.4 Extended geographical jurisdiction—category D
Division 16—Miscellaneous
16.1 Attorney General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
16.2 When conduct taken to occur partly in Australia
16.3 Meaning of Australia
16.4 Result of conduct
Chapter 4—The integrity and security of the international community and foreign governments
Division 70—Bribery of foreign public officials
70.1 Definitions
70.2 Bribing a foreign public official
70.3 Defence—conduct lawful in foreign public official’s country
70.4 Defence—facilitation payments
70.5 Territorial and nationality requirements
70.6 Saving of other laws
Division 71—Offences against United Nations and associated personnel
71.1 Purpose
71.2 Murder of a UN or associated person
71.3 Manslaughter of a UN or associated person
71.4 Intentionally causing serious harm to a UN or associated person
71.5 Recklessly causing serious harm to a UN or associated person
71.6 Intentionally causing harm to a UN or associated person
71.7 Recklessly causing harm to a UN or associated person
71.8 Unlawful sexual penetration
71.9 Kidnapping a UN or associated person
71.10 Unlawful detention of UN or associated person
71.11 Intentionally causing damage to UN or associated person’s property etc.
71.12 Threatening to commit other offences
71.13 Aggravated offences
71.14 Defence—activities involving serious harm
71.15 Defence—medical or hygienic procedures
71.16 Jurisdictional requirement
71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences
71.18 Double jeopardy
71.19 Saving of other laws
71.20 Bringing proceedings under this Division
71.21 Ministerial certificates relating to proceedings
71.22 Jurisdiction of State courts preserved
71.23 Definitions
Division 72—Explosives and lethal devices
Subdivision A—International terrorist activities using explosive or lethal devices
72.1 Purpose
72.2 ADF members not liable for prosecution
72.3 Offences
72.4 Jurisdictional requirement
72.5 Saving of other laws
72.6 Double jeopardy and foreign offences
72.7 Bringing proceedings under this Subdivision
72.8 Ministerial certificates relating to proceedings
72.9 Jurisdiction of State courts preserved
72.10 Definitions
Subdivision B—Plastic explosives
72.11 Purpose
72.12 Trafficking in unmarked plastic explosives etc.
72.13 Importing or exporting unmarked plastic explosives etc.
72.14 Manufacturing unmarked plastic explosives etc.
72.15 Possessing unmarked plastic explosives etc.
72.16 Defences
72.17 Packaging requirements for plastic explosives
72.18 Authorisation for research etc.
72.19 Authorisation for defence and police purposes—15 year limit
72.22 Authorisation for overseas defence purposes—7 day limit
72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit
72.24 Forfeited plastic explosives
72.25 Surrendered plastic explosives
72.26 Destruction of plastic explosives obtained overseas for defence purposes
72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes
72.28 Delegation by AFP Minister
72.29 Delegation by Minister for Defence
72.30 Review by Administrative Appeals Tribunal of authorisation decisions
72.31 Geographical jurisdiction
72.32 Saving of other laws
72.33 Marking requirements
72.34 Detection agents and minimum manufacture concentrations
72.35 Presumption as to concentration of detection agent
72.36 Definitions
Subdivision C—Cluster munitions and explosive bomblets
72.37 Purpose
72.38 Offences relating to cluster munitions
72.39 Defence—acquisition or retention authorised by Defence Minister
72.40 Defence—transfer for destruction etc.
72.41 Defence—acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions
72.42 Defence—acts by military personnel of countries not party to Convention on Cluster Munitions
72.43 Forfeiture of cluster munition
72.44 Application of this Subdivision to explosive bomblets
72.45 Definitions
Division 73—People smuggling and related offences
Subdivision A—People smuggling offences
73.1 Offence of people smuggling
73.2 Aggravated offence of people smuggling (danger of death or serious harm etc.)
73.3 Aggravated offence of people smuggling (at least 5 people)
73.3A Supporting the offence of people smuggling
73.4 Jurisdictional requirement
73.5 Attorney General’s consent required
Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries
73.6 Meaning of travel or identity document
73.7 Meaning of false travel or identity document
73.8 Making, providing or possessing a false travel or identity document
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
73.11 Taking possession of or destroying another person’s travel or identity document
73.12 Jurisdictional requirement
Chapter 5—The security of the Commonwealth
Part 5.1—Treason and related offences
Division 80—Treason, urging violence and advocating terrorism or genocide
Subdivision A—Preliminary
80.1A Definitions
80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B—Treason
80.1 Treason
80.1AA Treason—assisting enemy to engage in armed conflict
80.1AB Proclamation of enemy engaged in armed conflict
80.1AC Treachery
Subdivision C—Urging violence and advocating terrorism or genocide
80.2 Urging violence against the Constitution etc.
80.2A Urging violence against groups
80.2B Urging violence against members of groups
80.2C Advocating terrorism
80.2D Advocating genocide
Subdivision D—Common provisions
80.3 Defence for acts done in good faith
80.4 Extended geographical jurisdiction for offences
80.6 Division not intended to exclude State or Territory law
Division 82—Sabotage
Subdivision A—Preliminary
82.1 Definitions
82.2 Public infrastructure
82.2A Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B—Offences
82.3 Offence of sabotage involving foreign principal with intention as to national security
82.4 Offence of sabotage involving foreign principal reckless as to national security
82.5 Offence of sabotage with intention as to national security
82.6 Offence of sabotage reckless as to national security
82.7 Offence of introducing vulnerability with intention as to national security
82.8 Offence of introducing vulnerability reckless as to national security
82.9 Preparing for or planning sabotage offence
82.10 Defences
82.11 Geographical jurisdiction
82.12 Alternative verdicts
82.13 Consent of Attorney General required for prosecutions
Division 83—Other threats to security
83.1A Expressions also used in the Australian Security Intelligence Organisation Act 1979
83.1 Advocating mutiny
83.2 Assisting prisoners of war to escape
83.3 Military style training involving foreign government principal etc.
83.4 Interference with political rights and duties
83.5 Consent of Attorney General required for prosecutions
Part 5.2—Espionage and related offences
Division 90—Preliminary
90.1 Definitions
90.2 Definition of foreign principal
90.3 Definition of foreign government principal
90.4 Definition of national security
90.5 Definition of security classification
90.6 Expressions also used in the Australian Security Intelligence Organisation Act 1979
Division 91—Espionage
Subdivision A—Espionage
91.1 Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal
91.2 Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal
91.3 Espionage—security classified information etc.
91.4 Defences
91.5 Matters affecting sentencing for offence against subsection 91.1(1)
91.6 Aggravated espionage offence
91.7 Geographical jurisdiction
Subdivision B—Espionage on behalf of foreign principal
91.8 Espionage on behalf of foreign principal
91.9 Defences
91.10 Geographical jurisdiction
Subdivision C—Espionage related offences
91.11 Offence of soliciting or procuring an espionage offence or making it easier to do so
91.12 Offence of preparing for an espionage offence
91.13 Defences
91.14 Geographical jurisdiction
Division 92—Foreign interference
Subdivision A—Preliminary
92.1 Definitions
Subdivision B—Foreign interference
92.2 Offence of intentional foreign interference
92.3 Offence of reckless foreign interference
92.4 Offence of preparing for a foreign interference offence
92.5 Defence
92.6 Geographical jurisdiction
Subdivision C—Foreign interference involving foreign intelligence agencies
92.7 Knowingly supporting foreign intelligence agency
92.8 Recklessly supporting foreign intelligence agency
92.9 Knowingly funding or being funded by foreign intelligence agency
92.10 Recklessly funding or being funded by foreign intelligence agency
92.11 Defence
Division 92A—Theft of trade secrets involving foreign government principal
92A.1 Theft of trade secrets involving foreign government principal
92A.2 Geographical jurisdiction
Division 93—Prosecutions and hearings
93.1 Consent of Attorney General required for prosecutions
93.2 Hearing in camera etc.
93.4 Fault elements for attempted espionage offences
93.5 Alternative verdicts
Division 94—Forfeiture
94.1 Forfeiture of articles etc.
Part 5.3—Terrorism
Division 100—Preliminary
100.1 Definitions
100.2 Referring States
100.3 Constitutional basis for the operation of this Part
100.4 Application of provisions
100.5 Application of Acts Interpretation Act 1901
100.6 Concurrent operation intended
100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
100.8 Approval for changes to or affecting this Part
Division 101—Terrorism
101.1 Terrorist acts
101.2 Providing or receiving training connected with terrorist acts
101.4 Possessing things connected with terrorist acts
101.5 Collecting or making documents likely to facilitate terrorist acts
101.6 Other acts done in preparation for, or planning, terrorist acts
Division 102—Terrorist organisations
Subdivision A—Definitions
102.1 Definitions
102.1AA Including or removing names of prescribed terrorist organisations
102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security
Subdivision B—Offences
102.2 Directing the activities of a terrorist organisation
102.3 Membership of a terrorist organisation
102.4 Recruiting for a terrorist organisation
102.5 Training involving a terrorist organisation
102.6 Getting funds to, from or for a terrorist organisation
102.7 Providing support to a terrorist organisation
102.8 Associating with terrorist organisations
Subdivision C—General provisions relating to offences
102.9 Extended geographical jurisdiction for offences
102.10 Alternative verdicts
Division 103—Financing terrorism
103.1 Financing terrorism
103.2 Financing a terrorist
103.3 Extended geographical jurisdiction for offences
Division 104—Control orders
Subdivision A—Objects of this Division
104.1 Objects of this Division
Subdivision B—Making an interim control order
104.2 AFP Minister’s consent to request an interim control order
104.3 Requesting the court to make an interim control order
104.4 Making an interim control order
104.5 Terms of an interim control order
104.5A Obligations relating to monitoring devices
Subdivision C—Making an urgent interim control order
104.6 Requesting an urgent interim control order by electronic means
104.7 Making an urgent interim control order by electronic means
104.8 Requesting an urgent interim control order in person
104.9 Making an urgent interim control order in person
104.10 Obtaining the AFP Minister’s consent within 8 hours
104.11 Court to assume that exercise of power not authorised by urgent interim control order
Subdivision CA—Varying an interim control order
104.11A Varying an interim control order
Subdivision D—Confirming an interim control order
104.12 Service, explanation and notification of an interim control order
104.12A Election to confirm control order
104.13 Lawyer may request a copy of an interim control order
104.14 Confirming an interim control order
104.15 Effect of confirmation process on interim control orders
104.16 Terms of a confirmed control order
104.17 Service of a declaration, or a revocation, variation or confirmation of a control order
104.17A Cessation of a control order if post sentence order made
Subdivision E—Rights in respect of a control order
104.18 Application by the person for a revocation or variation of a control order
104.19 Application by the AFP Commissioner for a revocation or variation of a control order
104.20 Revocation or variation of a control order
104.21 Lawyer may request a copy of a control order
104.22 Treatment of photographs and impressions of fingerprints
Subdivision F—Adding obligations, prohibitions or restrictions to a control order
104.23 Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions
104.24 Varying a control order
104.25 Terms of a varied control order
104.26 Service and explanation of a varied control order
Subdivision G—Offences relating to control orders
104.27 Offence for contravening a control order
104.27A Offence relating to monitoring devices
Subdivision H—Special rules for young people (14 to 17)
104.28 Special rules for young people
Subdivision I—Miscellaneous
104.28A Interlocutory proceedings
104.28AA Costs in control order proceedings
104.28B Giving documents to persons detained in custody
104.28C Sharing information relating to electronic monitoring
104.28D Arrangements for electronic monitoring and other functions and powers
104.29 Reporting requirements
104.30 Requirement to notify AFP Minister of declarations, revocations or variations
104.31 Queensland public interest monitor functions and powers not affected
104.32 Sunset provision
Division 105—Preventative detention orders
Subdivision A—Preliminary
105.1 Object
105.2 Issuing authorities for continued preventative detention orders
105.3 Police officer detaining person under a preventative detention order
Subdivision B—Preventative detention orders
105.4 Basis for applying for, and making, preventative detention orders
105.5 No preventative detention order in relation to person under 16 years of age
105.5A Special assistance for person with inadequate knowledge of English language or disability
105.6 Restrictions on multiple preventative detention orders
105.7 Application for initial preventative detention order
105.8 Senior AFP member may make initial preventative detention order
105.9 Duration of initial preventative detention order
105.10 Extension of initial preventative detention order
105.10A Notice of application for continued preventative detention order
105.11 Application for continued preventative detention order
105.12 Judge, AAT member or retired judge may make continued preventative detention order
105.13 Duration of continued preventative detention order
105.14 Extension of continued preventative detention order
105.14A Basis for applying for, and making, prohibited contact order
105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)
105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force)
105.17 Revocation of preventative detention order or prohibited contact order
105.18 Status of person making continued preventative detention order
Subdivision C—Carrying out preventative detention orders
105.19 Power to detain person under preventative detention order
105.20 Endorsement of order with date and time person taken into custody
105.21 Requirement to provide name etc.
105.22 Power to enter premises
105.23 Power to conduct a frisk search
105.24 Power to conduct an ordinary search
105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
105.26 Release of person from preventative detention
105.27 Arrangement for detainee to be held in State or Territory prison or remand centre
Subdivision D—Informing person detained about preventative detention order
105.28 Effect of initial preventative detention order to be explained to person detained
105.29 Effect of continued preventative detention order to be explained to person detained
105.30 Person being detained to be informed of extension of preventative detention order
105.31 Compliance with obligations to inform
105.32 Copy of preventative detention order
Subdivision E—Treatment of person detained
105.33 Humane treatment of person being detained
105.33A Detention of persons under 18
105.34 Restriction on contact with other people
105.35 Contacting family members etc.
105.36 Contacting Ombudsman etc.
105.37 Contacting lawyer
105.38 Monitoring contact under section 105.35 or 105.37
105.39 Special contact rules for person under 18 or incapable of managing own affairs
105.40 Entitlement to contact subject to prohibited contact order
105.41 Disclosure offences
105.42 Questioning of person prohibited while person is detained
105.43 Taking fingerprints, recordings, samples of handwriting or photographs
105.44 Use of identification material
105.45 Offences of contravening safeguards
Subdivision F—Miscellaneous
105.46 Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2)
105.47 Annual report
105.48 Certain functions and powers not affected
105.49 Queensland public interest monitor functions and powers not affected
105.50 Law relating to legal professional privilege not affected
105.51 Legal proceedings in relation to preventative detention orders
105.52 Review by State and Territory courts
105.53 Sunset provision
Division 105A—Post sentence orders
Subdivision A—Object and definitions
105A.1 Object
105A.2 Definitions
105A.2A Persons who have escaped from custody
Subdivision B—Post sentence orders
105A.3 Who a post sentence order may apply to and effect of post sentence orders
105A.3A Preconditions for post sentence orders
105A.4 Treatment of a terrorist offender in a prison under a continuing detention order
Subdivision C—Making post sentence orders
105A.5 Applying for a post sentence order
105A.6 Appointment of and assessment by relevant expert
105A.6A Determining an application for a post sentence order
105A.6B Matters a Court must have regard to in making a post sentence order
105A.7 Making a continuing detention order
105A.7A Making an extended supervision order
105A.7B Conditions of extended supervision orders and interim supervision orders
105A.7C Conditions where exemptions may be granted
105A.7D Treatment of photographs and impressions of fingerprints
105A.7E Obligations relating to monitoring devices
105A.7F Copy of an extended supervision order etc. must be given to terrorist offender’s lawyer
Subdivision CA—Making interim post sentence orders
105A.9 Interim detention orders
105A.9A Interim supervision orders
Subdivision CB—Varying an extended supervision order or interim supervision order
105A.9B Application for variations of extended supervision orders and interim supervision orders
105A.9C Varying an extended supervision order or interim supervision order (other than by consent)
105A.9D Varying extended supervision order or interim supervision order by consent
105A.9E Terms of a varied extended supervision order or interim supervision order
Subdivision D—Review of post sentence order
105A.10 Periodic review of post sentence order
105A.11 Review of post sentence order on application
105A.12 Process for reviewing a post sentence order
105A.12A Varying post sentence orders after review
Subdivision E—Provisions relating to post sentence order proceedings
105A.13 Civil evidence and procedure rules in relation to post sentence order proceedings
105A.14 Adducing evidence and making submissions
105A.14A Giving copies of applications etc. to terrorist offenders
105A.14B Information excluded from application or material—national security information
105A.14C Information excluded from application or material—public interest immunity
105A.14D Information excluded from application and material—terrorism material
105A.15 Giving documents to terrorist offenders who are in custody
105A.15A When a terrorist offender is unable to engage a legal representative
105A.16 Reasons for decisions
105A.17 Right of appeal
105A.18 Consequences of sentences ending or orders ceasing to be in force
105A.18AA Persons in non prison custody taken to be in the community
Subdivision EA—Offences relating to extended supervision orders and interim supervision orders
105A.18A Offence for contravening an extended supervision order or an interim supervision order
105A.18B Offence relating to monitoring devices
Subdivision F—Miscellaneous
105A.18C Effect of prison detention on post sentence order
105A.18D AFP Minister may direct terrorist offenders to be assessed
105A.19 Sharing information
105A.19A Sharing information relating to supervision orders
105A.20 Delegation by the AFP Minister
105A.21 Arrangement with States and Territories
105A.21A Arrangements by Australian Federal Police Commissioner for functions and powers relating to supervision orders
105A.22 Annual report
105A.23 Warning about post sentence orders when sentencing for certain offences
105A.24 Effect of continuing detention orders on bail or parole laws
105A.25 Sunset provision
Division 106—Transitional provisions
106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation
106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
106.3 Application provision
106.4 Saving—Judges of the Federal Circuit Court
106.5 Application provisions for certain amendments in the Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014
106.6 Application provisions for certain amendments in the Counter Terrorism Legislation Amendment Act (No. 1) 2014
106.7 Application provision for certain amendments in the Counter Terrorism Legislation Amendment Act (No. 1) 2016
106.8 Application provision for amendments in the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016
106.9 Application—Counter Terrorism Legislation Amendment Act (No. 1) 2018
106.10 Application—Counter Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
106.11 Application provision for certain amendments in the Counter Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021
Part 5.4—Harming Australians
Division 115—Harming Australians
115.1 Murder of an Australian citizen or a resident of Australia
115.2 Manslaughter of an Australian citizen or a resident of Australia
115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia
115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia
115.5 Saving of other laws
115.6 Bringing proceedings under this Division
115.7 Ministerial certificates relating to proceedings
115.8 Geographical jurisdiction
115.9 Meaning of causes death or harm
Part 5.5—Foreign incursions and recruitment
Division 117—Preliminary
117.1 Definitions
117.2 Extended geographical jurisdiction—category D
Division 119—Foreign incursions and recruitment
119.1 Incursions into foreign countries with the intention of engaging in hostile activities
119.2 Entering, or remaining in, declared areas
119.3 Declaration of areas for the purposes of section 119.2
119.4 Preparations for incursions into foreign countries for purpose of engaging in hostile activities
119.5 Allowing use of buildings, vessels and aircraft to commit offences
119.6 Recruiting persons to join organisations engaged in hostile activities against foreign governments
119.7 Recruiting persons to serve in or with an armed force in a foreign country
119.8 Declaration in relation to specified armed forces
119.9 Exception—conduct for defence or international relations of Australia
119.10 Mode of trial
119.11 Consent of Attorney General required for prosecutions
119.12 Declarations for the purposes of proceedings
Part 5.6—Secrecy of information
Division 121—Preliminary
121.1 Definitions
121.2 Definition of proper place of custody
Division 122—Secrecy of information
122.1 Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.
122.2 Conduct by current and former Commonwealth officers etc. causing harm to Australia’s interests
122.3 Aggravated offence
122.4 Unauthorised disclosure of information by current and former Commonwealth officers etc.
122.4A Communicating and dealing with information by non Commonwealth officers etc.
122.5 Defences
Division 123—Miscellaneous
123.1 Injunctions
123.2 Forfeiture of articles etc.
123.3 Extended geographical jurisdiction—category D
123.4 Effect of this Part on other rights, privileges, immunities or defences
123.5 Requirements before proceedings can be initiated
Chapter 7—The proper administration of Government
Part 7.1—Preliminary
Division 130—Preliminary
130.1 Definitions
130.2 When property belongs to a person
130.3 Dishonesty
130.4 Determination of dishonesty to be a matter for the trier of fact
Part 7.2—Theft and other property offences
Division 131—Theft
131.1 Theft
131.2 Special rules about the meaning of dishonesty
131.3 Appropriation of property
131.4 Theft of land or things forming part of land
131.5 Trust property
131.6 Obligation to deal with property in a particular way
131.7 Property obtained because of fundamental mistake
131.8 Property of a corporation sole
131.9 Property belonging to 2 or more persons
131.10 Intention of permanently depriving a person of property
131.11 General deficiency
Division 132—Other property offences
132.1 Receiving
132.2 Robbery
132.3 Aggravated robbery
132.4 Burglary
132.5 Aggravated burglary
132.6 Making off without payment
132.7 Going equipped for theft or a property offence
132.8 Dishonest taking or retention of property
132.8A Damaging Commonwealth property
132.9 Geographical jurisdiction
Part 7.3—Fraudulent conduct
Division 133—Preliminary
133.1 Definitions
Division 134—Obtaining property or a financial advantage by deception
134.1 Obtaining property by deception
134.2 Obtaining a financial advantage by deception
134.3 Geographical jurisdiction
Division 135—Other offences involving fraudulent conduct
135.1 General dishonesty
135.2 Obtaining financial advantage
135.4 Conspiracy to defraud
135.5 Geographical jurisdiction
Part 7.4—False or misleading statements
Division 136—False or misleading statements in applications
136.1 False or misleading statements in applications
Division 137—False or misleading information or documents
137.1 False or misleading information
137.1A Aggravated offence for giving false or misleading information
137.2 False or misleading documents
137.3 Geographical jurisdiction
Part 7.5—Unwarranted demands
Division 138—Preliminary
138.1 Unwarranted demand with menaces
138.2 Menaces
Division 139—Unwarranted demands
139.1 Unwarranted demands of a Commonwealth public official
139.2 Unwarranted demands made by a Commonwealth public official
139.3 Geographical jurisdiction
Part 7.6—Bribery and related offences
Division 140—Preliminary
140.1 Definition
140.2 Obtaining
Division 141—Bribery
141.1 Bribery of a Commonwealth public official
Division 142—Offences relating to bribery
142.1 Corrupting benefits given to, or received by, a Commonwealth public official
142.2 Abuse of public office
142.3 Geographical jurisdiction
Part 7.7—Forgery and related offences
Division 143—Preliminary
143.1 Definitions
143.2 False documents
143.3 False Commonwealth documents
143.4 Inducing acceptance of false documents
Division 144—Forgery
144.1 Forgery
Division 145—Offences relating to forgery
145.1 Using forged document
145.2 Possession of forged document
145.3 Possession, making or adaptation of devices etc. for making forgeries
145.4 Falsification of documents etc.
145.5 Giving information derived from false or misleading documents
145.6 Geographical jurisdiction
Part 7.8—Causing harm to or obstructing Commonwealth public officials and impersonating Commonwealth public officials or bodies
Division 146—Preliminary
146.1 Definitions
146.2 Causing harm
Division 147—Causing harm to Commonwealth public officials
147.1 Causing harm to a Commonwealth public official etc.
147.2 Threatening to cause harm to a Commonwealth public official etc.
147.3 Geographical jurisdiction
Division 148—Impersonation of Commonwealth public officials
148.1 Impersonation of an official by a non official
148.2 Impersonation of an official by another official
148.3 Geographical jurisdiction
Division 149—Obstruction of Commonwealth public officials
149.1 Obstruction of Commonwealth public officials
Division 150—False representations in relation to a Commonwealth body
Subdivision A—Offences
150.1 False representations in relation to a Commonwealth body
Subdivision B—Injunctions
150.5 Injunctions
Part 7.20—Miscellaneous
Division 261—Miscellaneous
261.1 Saving of other laws
261.2 Contempt of court
261.3 Ancillary offences
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Volume 2
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Schedule—The Criminal Code
Chapter 8—Offences against humanity and related offences
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision A—Introductory
268.1 Purpose of Division
268.2 Outline of offences
Subdivision B—Genocide
268.3 Genocide by killing
268.4 Genocide by causing serious bodily or mental harm
268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
268.6 Genocide by imposing measures intended to prevent births
268.7 Genocide by forcibly transferring children
Subdivision C—Crimes against humanity
268.8 Crime against humanity—murder
268.9 Crime against humanity—extermination
268.10 Crime against humanity—enslavement
268.11 Crime against humanity—deportation or forcible transfer of population
268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty
268.13 Crime against humanity—torture
268.14 Crime against humanity—rape
268.15 Crime against humanity—sexual slavery
268.16 Crime against humanity—enforced prostitution
268.17 Crime against humanity—forced pregnancy
268.18 Crime against humanity—enforced sterilisation
268.19 Crime against humanity—sexual violence
268.20 Crime against humanity—persecution
268.21 Crime against humanity—enforced disappearance of persons
268.22 Crime against humanity—apartheid
268.23 Crime against humanity—other inhumane act
Subdivision D—War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
268.24 War crime—wilful killing
268.25 War crime—torture
268.26 War crime—inhumane treatment
268.27 War crime—biological experiments
268.28 War crime—wilfully causing great suffering
268.29 War crime—destruction and appropriation of property
268.30 War crime—compelling service in hostile forces
268.31 War crime—denying a fair trial
268.32 War crime—unlawful deportation or transfer
268.33 War crime—unlawful confinement
268.34 War crime—taking hostages
Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict
268.35 War crime—attacking civilians
268.36 War crime—attacking civilian objects
268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.38 War crime—excessive incidental death, injury or damage
268.39 War crime—attacking undefended places
268.40 War crime—killing or injuring a person who is hors de combat
268.41 War crime—improper use of a flag of truce
268.42 War crime—improper use of a flag, insignia or uniform of the adverse party
268.43 War crime—improper use of a flag, insignia or uniform of the United Nations
268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions
268.45 War crime—transfer of population
268.46 War crime—attacking protected objects
268.47 War crime—mutilation
268.48 War crime—medical or scientific experiments
268.49 War crime—treacherously killing or injuring
268.50 War crime—denying quarter
268.51 War crime—destroying or seizing the enemy’s property
268.52 War crime—depriving nationals of the adverse power of rights or actions
268.53 War crime—compelling participation in military operations
268.54 War crime—pillaging
268.55 War crime—employing poison or poisoned weapons
268.56 War crime—employing prohibited gases, liquids, materials or devices
268.57 War crime—employing prohibited bullets
268.58 War crime—outrages upon personal dignity
268.59 War crime—rape
268.60 War crime—sexual slavery
268.61 War crime—enforced prostitution
268.62 War crime—forced pregnancy
268.63 War crime—enforced sterilisation
268.64 War crime—sexual violence
268.65 War crime—using protected persons as shields
268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.67 War crime—starvation as a method of warfare
268.68 War crime—using, conscripting or enlisting children
Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict
268.69 Definition of religious personnel
268.70 War crime—murder
268.71 War crime—mutilation
268.72 War crime—cruel treatment
268.73 War crime—torture
268.74 War crime—outrages upon personal dignity
268.75 War crime—taking hostages
268.76 War crime—sentencing or execution without due process
Subdivision G—War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict
268.77 War crime—attacking civilians
268.78 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
268.79 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
268.80 War crime—attacking protected objects
268.81 War crime—pillaging
268.82 War crime—rape
268.83 War crime—sexual slavery
268.84 War crime—enforced prostitution
268.85 War crime—forced pregnancy
268.86 War crime—enforced sterilisation
268.87 War crime—sexual violence
268.88 War crime—using, conscripting or enlisting children
268.89 War crime—displacing civilians
268.90 War crime—treacherously killing or injuring
268.91 War crime—denying quarter
268.92 War crime—mutilation
268.93 War crime—medical or scientific experiments
268.94 War crime—destroying or seizing an adversary’s property
Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions
268.95 War crime—medical procedure
268.96 War crime—removal of blood, tissue or organs for transplantation
268.97 War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
268.98 War crime—attacking undefended places or demilitarized zones
268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
268.100 War crime—apartheid
268.101 War crime—attacking protected objects
Subdivision J—Crimes against the administration of the justice of the International Criminal Court
268.102 Perjury
268.103 Falsifying evidence
268.104 Destroying or concealing evidence
268.105 Deceiving witnesses
268.106 Corrupting witnesses or interpreters
268.107 Threatening witnesses or interpreters
268.108 Preventing witnesses or interpreters
268.109 Preventing production of things in evidence
268.110 Reprisals against witnesses
268.111 Reprisals against officials of the International Criminal Court
268.112 Perverting the course of justice
268.113 Receipt of a corrupting benefit by an official of the International Criminal Court
268.114 Subdivision not to apply to certain conduct
Subdivision K—Miscellaneous
268.115 Responsibility of commanders and other superiors
268.116 Defence of superior orders
268.117 Geographical jurisdiction
268.118 Double jeopardy
268.119 Offences related to exercise of jurisdiction of International Criminal Court
268.120 Saving of other laws
268.121 Bringing proceedings under this Division
268.122 Attorney General’s decisions in relation to consents to be final
268.123 Legal representation
268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions
268.125 Meaning of civilian
Division 270—Slavery and slavery like offences
Subdivision A—Preliminary
270.1A Definitions for Division 270
Subdivision B—Slavery
270.1 Definition of slavery
270.2 Slavery is unlawful
270.3 Slavery offences
270.3A Slavery offences—geographical jurisdiction
270.3B Prosecutions
Subdivision C—Slavery like offences
270.4 Definition of servitude
270.5 Servitude offences
270.6 Definition of forced labour
270.6A Forced labour offences
270.7 Deceptive recruiting for labour or services
270.7A Definition of forced marriage
270.7B Forced marriage offences
270.7C Offence of debt bondage
270.8 Slavery like offences—aggravated offences
270.9 Slavery like offences—jurisdictional requirement
270.10 Slavery like offences—relevant evidence
Subdivision D—Offences against Division 270: general
270.11 Offences against Division 270—no defence of victim consent or acquiescence
270.12 Offences against Division 270—other laws not excluded
270.13 Offences against Division 270—double jeopardy
Division 271—Trafficking in persons
Subdivision A—Definitions
271.1 Definitions
271.1A Definition of exploitation
Subdivision B—Offences relating to trafficking in persons
271.2 Offence of trafficking in persons
271.3 Trafficking in persons—aggravated offence
271.4 Offence of trafficking in children
271.5 Offence of domestic trafficking in persons
271.6 Domestic trafficking in persons—aggravated offence
271.7 Offence of domestic trafficking in children
Subdivision BA—Organ trafficking
271.7A Removal of organs contrary to this Subdivision
271.7B Offence of organ trafficking—entry into and exit from Australia
271.7C Organ trafficking—aggravated offence
271.7D Offence of domestic organ trafficking
271.7E Domestic organ trafficking—aggravated offence
Subdivision BB—Harbouring a victim
271.7F Harbouring a victim
271.7G Harbouring a victim—aggravated offence
Subdivision D—Offences against Division 271: general
271.10 Jurisdictional requirements—offences other than domestic trafficking in persons or organs
271.11 Jurisdictional requirements—offences of domestic trafficking in persons or organs
271.11A Offences against Division 271—relevant evidence
271.11B Offences against Division 271—no defence of victim consent or acquiescence
271.12 Offences against Division 271—other laws not excluded
271.13 Double jeopardy
Division 271A—Overseas travel by certain registered offenders
271A.1 Restrictions on overseas travel by certain registered offenders
Division 272—Child sex offences outside Australia
Subdivision A—Preliminary
272.1 Definitions
272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity
272.3 Meaning of position of trust or authority
272.4 Meaning of sexual intercourse
272.5 Meaning of offence against this Division and extension of criminal responsibility
272.6 Who can be prosecuted for an offence committed outside Australia
272.7 Saving of other laws
Subdivision B—Sexual offences against children outside Australia
272.8 Sexual intercourse with child outside Australia
272.9 Sexual activity (other than sexual intercourse) with child outside Australia
272.10 Aggravated offence—sexual intercourse or other sexual activity with child outside Australia
272.11 Persistent sexual abuse of child outside Australia
272.12 Sexual intercourse with young person outside Australia—defendant in position of trust or authority
272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority
272.14 Procuring child to engage in sexual activity outside Australia
272.15 “Grooming” child to engage in sexual activity outside Australia
272.15A “Grooming” person to make it easier to engage in sexual activity with a child outside Australia
272.16 Defence based on belief about age
272.17 Defence based on valid and genuine marriage
Subdivision C—Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia
272.18 Benefiting from offence against this Division
272.19 Encouraging offence against this Division
272.20 Preparing for or planning offence against this Division
Subdivision E—Other rules about conduct of trials
272.27 Evidence relating to a person’s age
272.28 Alternative verdicts
272.29 Double jeopardy
272.30 Sentencing
272.31 Consent to commencement of proceedings where defendant under 18
Division 273—Offences involving child abuse material outside Australia
Subdivision A—Preliminary
273.1 Definitions
273.2 Who can be prosecuted for an offence committed outside Australia
273.2A Consent to commencement of proceedings where defendant under 18
273.3 Double jeopardy
273.4 Saving of other laws
Subdivision B—Offences committed overseas involving child abuse material
273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
273.8 Alternative verdict if aggravated offence not proven
Subdivision C—Defences
273.9 Defences to offences against this Division
Division 273A—Possession of child like sex dolls etc.
273A.1 Possession of child like sex dolls etc.
273A.2 Defences
273A.3 Saving of other laws
Division 273B—Protection of children
Subdivision A—Preliminary
273B.1 Definitions
273B.2 Geographical jurisdiction
273B.3 Double jeopardy
Subdivision B—Offences relating to the protection of children
273B.4 Failing to protect child at risk of child sexual abuse offence
273B.5 Failing to report child sexual abuse offence
Subdivision C—Rules about conduct of trials
273B.6 Consent to commence proceedings
273B.7 Evidence relating to a person’s age
Subdivision D—Relationship with other laws
273B.8 Relationship with State and Territory laws
273B.9 Protection from other laws etc. for complying with this Division
Division 274—Torture
274.1 Definitions
274.2 Torture
274.3 Prosecutions
274.4 No defence of exceptional circumstances or superior orders
274.5 Jurisdiction of State/Territory courts preserved
274.6 Concurrent operation intended
274.7 Double jeopardy
Division 279—Video link evidence
279.1 Proceedings to which this Division applies
279.2 When court may take evidence by video link
279.3 Technical requirements for video link
279.4 Application of laws about witnesses
279.5 Administration of oaths and affirmations
279.6 Expenses
279.7 Other laws about foreign evidence not affected
Chapter 9—Dangers to the community
Part 9.1—Serious drug offences
Division 300—Preliminary
300.1 Purpose
300.2 Definitions
300.3 Geographical jurisdiction
300.4 Concurrent operation intended
300.5 Particular identity of drugs, plants and precursors
300.6 Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
Division 301—Serious drugs and precursors
Subdivision A—Serious drugs and precursors: definitions
301.1 Meaning of controlled drug
301.2 Meaning of controlled plant
301.3 Meaning of controlled precursor
301.4 Meaning of border controlled drug
301.5 Meaning of border controlled plant
301.6 Meaning of border controlled precursor
301.7 Serious drugs—conditions for listing by regulation
301.8 Serious drug precursors—conditions for listing by regulation
301.9 Meaning of drug analogue
Subdivision B—Serious drugs and precursors: commercial, marketable and trafficable quantities
301.10 Meaning of commercial quantity
301.11 Meaning of marketable quantity
301.12 Meaning of trafficable quantity
Subdivision C—Serious drugs and precursors: emergency determinations
301.13 Emergency determinations—serious drugs
301.14 Emergency determinations—serious drug precursors
301.15 Emergency determinations—commercial, marketable and trafficable quantities
301.16 Emergency determinations—effectiveness
301.17 Emergency determinations—publication
Division 302—Trafficking controlled drugs
302.1 Meaning of traffics
302.2 Trafficking commercial quantities of controlled drugs
302.3 Trafficking marketable quantities of controlled drugs
302.4 Trafficking controlled drugs
302.5 Presumption where trafficable quantities are involved
302.6 Purchase of controlled drugs is not an ancillary offence
Division 303—Commercial cultivation of controlled plants
303.1 Meanings of cultivate and cultivates a plant
303.2 Meaning of product of a plant
303.3 Meaning of cultivates a plant for a commercial purpose
303.4 Cultivating commercial quantities of controlled plants
303.5 Cultivating marketable quantities of controlled plants
303.6 Cultivating controlled plants
303.7 Presumption where trafficable quantities are involved
Division 304—Selling controlled plants
304.1 Selling commercial quantities of controlled plants
304.2 Selling marketable quantities of controlled plants
304.3 Selling controlled plants
Division 305—Commercial manufacture of controlled drugs
305.1 Meanings of manufacture and manufactures a substance
305.2 Meaning of manufactures a substance for a commercial purpose
305.3 Manufacturing commercial quantities of controlled drugs
305.4 Manufacturing marketable quantities of controlled drugs
305.5 Manufacturing controlled drugs
305.6 Presumption where trafficable quantities are involved
Division 306—Pre trafficking controlled precursors
306.1 Meaning of pre traffics
306.2 Pre trafficking commercial quantities of controlled precursors
306.3 Pre trafficking marketable quantities of controlled precursors
306.4 Pre trafficking controlled precursors
306.5 Presumption for pre trafficking controlled precursors—sale
306.6 Presumptions for pre trafficking controlled precursors—manufacture for drug manufacture
306.7 Presumptions for pre trafficking controlled precursors—manufacture for sale
306.8 Presumptions for pre trafficking controlled precursors—possession
Division 307—Import export offences
Subdivision A—Importing and exporting border controlled drugs or border controlled plants
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
307.3 Importing and exporting border controlled drugs or border controlled plants
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent
Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
307.7 Possessing unlawfully imported border controlled drugs or border controlled plants
Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
Subdivision D—Importing and exporting border controlled precursors
307.11 Importing and exporting commercial quantities of border controlled precursors
307.12 Importing and exporting marketable quantities of border controlled precursors
307.13 Importing and exporting border controlled precursors
Division 308—Possession offences
308.1 Possessing controlled drugs
308.2 Possessing controlled precursors
308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
Division 309—Drug offences involving children
309.1 Children not criminally responsible for offences against this Division
309.2 Supplying controlled drugs to children
309.3 Supplying marketable quantities of controlled drugs to children for trafficking
309.4 Supplying controlled drugs to children for trafficking
309.5 Presumption where trafficable quantities are involved
309.6 Meaning of procures an individual to traffic
309.7 Procuring children for trafficking marketable quantities of controlled drugs
309.8 Procuring children for trafficking controlled drugs
309.9 Meaning of procures an individual to pre traffic
309.10 Procuring children for pre trafficking marketable quantities of controlled precursors
309.11 Procuring children for pre trafficking controlled precursors
309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants
309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors
309.15 Procuring children for importing or exporting border controlled precursors
Division 310—Harm and danger to children under 14 from serious drug offences
310.1 Children not criminally responsible for offences against this Division
310.2 Danger from exposure to unlawful manufacturing
310.3 Harm from exposure to unlawful manufacturing
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors
Division 311—Combining quantities of drugs, plants or precursors
Subdivision A—Combining different parcels on the same occasion
311.1 Combining different parcels on the same occasion
Subdivision B—Combining parcels from organised commercial activities
311.2 Business of trafficking controlled drugs
311.3 Business of pre trafficking by selling controlled precursors
311.4 Business of importing or exporting border controlled drugs or border controlled plants
311.5 Business of importing or exporting border controlled precursors
311.6 Business of supplying controlled drugs to children
311.7 General rules—combining parcels from organised commercial activities
Subdivision C—Combining parcels from multiple offences
311.8 Multiple offences—trafficking controlled drugs
311.9 Multiple offences—cultivating controlled plants
311.10 Multiple offences—selling controlled plants
311.11 Multiple offences—manufacturing controlled drugs
311.12 Multiple offences—pre trafficking controlled precursors
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants
311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
311.16 Multiple offences—importing or exporting border controlled precursors
311.17 Multiple offences—supplying controlled drugs to children for trafficking
311.18 Multiple offences—procuring children for trafficking controlled drugs
311.19 Multiple offences—procuring children for pre trafficking controlled precursors
311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants
311.21 Multiple offences—procuring children for importing or exporting border controlled precursors
311.22 General rules—combining parcels from multiple offences
Division 312—Working out quantities of drugs, plants or precursors
312.1 Working out quantities of drugs and precursors in mixtures
312.2 Working out quantities where different kinds of drugs, plants or precursors are involved
Division 313—Defences and alternative verdicts
313.1 Defence—conduct justified or excused by or under a law of a State or Territory
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law
313.3 Alternative verdict—offence not proved
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor
313.5 Alternative verdict—mistake as to identity of drug, plant or precursor
Part 9.2—Psychoactive substances
Division 320—Psychoactive substances
320.1 Definitions
320.2 Importing psychoactive substances
320.3 Importing substances represented to be serious drug alternatives
Part 9.4—Dangerous weapons
Division 360—Cross border firearms trafficking
360.1 Disposal and acquisition of a firearm or firearm part
360.2 Cross border offence of disposal or acquisition of a firearm or firearm part
360.3 Taking or sending a firearm or firearm part across borders
360.3A Minimum penalties
360.3B Double jeopardy and alternative verdicts
360.4 Concurrent operation intended
Division 361—International firearms trafficking
361.1 Definitions
361.2 Trafficking prohibited firearms or firearm parts into Australia
361.3 Trafficking prohibited firearms or firearm parts out of Australia
361.4 Defence—reasonable belief that conduct is justified or excused by or under a law
361.5 Minimum penalties
361.6 Double jeopardy and alternative verdicts
Part 9.5—Identity crime
Division 370—Preliminary
370.1 Definitions
370.2 Definition of foreign indictable offence
370.3 Concurrent operation intended
Division 372—Identity fraud offences
372.1 Dealing in identification information
372.1A Dealing in identification information that involves use of a carriage service
372.2 Possession of identification information
372.3 Possession of equipment used to make identification documentation
372.4 Extended geographical jurisdiction—category A
372.5 Alternative verdict
372.6 Attempt
Division 375—Victims’ certificates
375.1 Certificate may be issued by magistrate in relation to victim of identity crime
375.2 Content of certificate
375.3 Relation to civil and criminal proceedings
375.4 Power conferred on magistrate personally
Division 376—False identity and air travel
376.1 Definitions for Division 376
376.2 False identification information—at constitutional airports
376.3 False identification information—air passenger tickets obtained using a carriage service
376.4 False identification information—air passenger tickets for constitutional flights
376.5 False identification information—extended jurisdiction (Category D)
Part 9.6—Contamination of goods
380.1 Definitions
380.2 Contaminating goods
380.3 Threatening to contaminate goods
380.4 Making false statements about contamination of goods
380.5 Extended geographical jurisdiction—category D
Part 9.9—Criminal associations and organisations
Division 390—Criminal associations and organisations
Subdivision A—Definitions
390.1 Definitions
390.2 State offences that have a federal aspect
Subdivision B—Offences
390.3 Associating in support of serious organised criminal activity
390.4 Supporting a criminal organisation
390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation
390.6 Directing activities of a criminal organisation
390.7 Extended geographical jurisdiction—category C
Chapter 10—National infrastructure
Part 10.2—Money laundering
Division 400—Money laundering
400.1 Definitions
400.2 Definition of deals with money or other property
400.2AA Effective control of money or property
400.2A Application of offences relating to possible instruments of crime
400.2B Proceeds of crime etc.—money or property worth $10,000,000 or more
400.3 Proceeds of crime etc.—money or property worth $1,000,000 or more
400.4 Proceeds of crime etc.—money or property worth $100,000 or more
400.5 Proceeds of crime etc.—money or property worth $50,000 or more
400.6 Proceeds of crime etc.—money or property worth $10,000 or more
400.7 Proceeds of crime etc.—money or property worth $1,000 or more
400.8 Proceeds of crime etc.—money or property of any value
400.9 Dealing with property reasonably suspected of being proceeds of crime etc.
400.10 Mistake of fact as to the value of money or property
400.10A Effect of money or property being provided as part of a controlled operation—proceeds of indictable crime
400.10B Effect of money or property being provided as part of a controlled operation—proceeds of general crime
400.11 Proof of certain matters relating to kinds of offences not required
400.12 Combining several contraventions in a single charge
400.13 Proof of other offences is not required
400.14 Alternative verdicts
400.14A Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part
400.15 Geographical jurisdiction
400.16 Saving of other laws
Part 10.5—Postal services
Division 470—Preliminary
470.1 Definitions
470.2 Dishonesty
470.3 Determination of dishonesty to be a matter for the trier of fact
470.4 Meaning of expressions used in Subdivisions B and C of Division 471
Division 471—Postal offences
Subdivision A—General postal offences
471.1 Theft of mail receptacles, articles or postal messages
471.2 Receiving stolen mail receptacles, articles or postal messages
471.3 Taking or concealing of mail receptacles, articles or postal messages
471.4 Dishonest removal of postage stamps or postmarks
471.5 Dishonest use of previously used, defaced or obliterated stamps
471.6 Damaging or destroying mail receptacles, articles or postal messages
471.7 Tampering with mail receptacles
471.8 Dishonestly obtaining delivery of articles
471.9 Geographical jurisdiction
471.10 Hoaxes—explosives and dangerous substances
471.11 Using a postal or similar service to make a threat
471.12 Using a postal or similar service to menace, harass or cause offence
471.13 Causing a dangerous article to be carried by a postal or similar service
471.14 Geographical jurisdiction
471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post
Subdivision B—Offences relating to use of postal or similar service for child abuse material
471.19 Using a postal or similar service for child abuse material
471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
471.21 Defences in respect of child abuse material
471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
471.23 Alternative verdict if aggravated offence not proven
Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16
471.24 Using a postal or similar service to procure persons under 16
471.25 Using a postal or similar service to “groom” persons under 16
471.25A Using a postal or similar service to “groom” another person to make it easier to procure persons under 16
471.26 Using a postal or similar service to send indecent material to person under 16
471.27 Age related provisions relating to offences against this Subdivision
471.28 Other provisions relating to offences against this Subdivision
471.29 Defences to offences against this Subdivision
471.29A Sentencing
Subdivision D—Miscellaneous
471.30 Geographical jurisdiction
471.31 Definition of carry by post does not apply
Division 472—Miscellaneous
472.1 Saving of other laws
472.2 Interpretation of other laws
Part 10.6—Telecommunications Services
Division 473—Preliminary
473.1 Definitions
473.2 Possession or control of data or material in the form of data
473.3 Producing, supplying or obtaining data or material in the form of data
473.4 Determining whether material is offensive
473.5 Use of a carriage service
Division 474—Telecommunications offences
Subdivision A—Dishonesty with respect to carriage services
474.1 Dishonesty
474.2 General dishonesty with respect to a carriage service provider
Subdivision B—Interference with telecommunications
474.3 Person acting for a carrier or carriage service provider
474.4 Interception devices
474.5 Wrongful delivery of communications
474.6 Interference with facilities
474.7 Modification etc. of a telecommunications device identifier
474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier
474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
474.10 Copying subscription specific secure data
474.11 Possession or control of data or a device with intent to copy an account identifier
474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier
Subdivision C—General offences relating to use of telecommunications
474.14 Using a telecommunications network with intention to commit a serious offence
474.15 Using a carriage service to make a threat
474.16 Using a carriage service for a hoax threat
474.17 Using a carriage service to menace, harass or cause offence
474.17A Aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence
474.17B Alternative verdict if aggravated offence not proven
474.18 Improper use of emergency call service
Subdivision D—Offences relating to use of carriage service for child abuse material
474.22 Using a carriage service for child abuse material
474.22A Possessing or controlling child abuse material obtained or accessed using a carriage service
474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
474.23A Conduct for the purposes of electronic service used for child abuse material
474.24 Defences in respect of child abuse material
474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
474.24B Alternative verdict if aggravated offence not proven
474.24C Consent to commencement of proceedings where defendant under 18
Subdivision E—Offence relating to obligations of internet service providers and internet content hosts
474.25 Obligations of internet service providers and internet content hosts
Subdivision F—Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
474.25A Using a carriage service for sexual activity with person under 16 years of age
474.25B Aggravated offence—using a carriage service for sexual activity with person under 16 years of age
474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16
474.26 Using a carriage service to procure persons under 16 years of age
474.27 Using a carriage service to “groom” persons under 16 years of age
474.27AA Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age
474.27A Using a carriage service to transmit indecent communication to person under 16 years of age
474.28 Provisions relating to offences against this Subdivision
474.29 Defences to offences against this Subdivision
474.29AA Sentencing
Subdivision G—Offences relating to use of carriage service for suicide related material
474.29A Using a carriage service for suicide related material
474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
Subdivision H—Offences relating to use of carriage service for sharing of abhorrent violent material
474.30 Definitions
474.31 Abhorrent violent material
474.32 Abhorrent violent conduct
474.33 Notification obligations of internet service providers, content service providers and hosting service providers
474.34 Removing, or ceasing to host, abhorrent violent material
474.35 Notice issued by eSafety Commissioner in relation to a content service—presumptions
474.36 Notice issued by eSafety Commissioner in relation to a hosting service—presumptions
474.37 Defences in respect of abhorrent violent material
474.38 Implied freedom of political communication
474.39 Provider of content service
474.40 Service of copies of notices by electronic means
474.41 Giving a copy of a notice to a contact person etc.
474.42 Attorney General’s consent required for prosecution
474.43 Compensation for acquisition of property
474.44 This Subdivision does not limit Part 9 of the Online Safety Act 2021
474.45 Review of this Subdivision
Subdivision J—Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land
474.46 Using a carriage service for inciting trespass on agricultural land
474.47 Using a carriage service for inciting property damage, or theft, on agricultural land
474.48 Implied freedom of political communication
Division 475—Miscellaneous
475.1A Defences for NRS employees and emergency call persons
475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service
475.1 Saving of other laws
475.2 Geographical jurisdiction
Part 10.7—Computer offences
Division 476—Preliminary
476.1 Definitions
476.2 Meaning of unauthorised access, modification or impairment
476.3 Geographical jurisdiction
476.4 Saving of other laws
476.6 Liability for certain acts—ASIS, ASD or AGO
Division 477—Serious computer offences
477.1 Unauthorised access, modification or impairment with intent to commit a serious offence
477.2 Unauthorised modification of data to cause impairment
477.3 Unauthorised impairment of electronic communication
Division 478—Other computer offences
478.1 Unauthorised access to, or modification of, restricted data
478.2 Unauthorised impairment of data held on a computer disk etc.
478.3 Possession or control of data with intent to commit a computer offence
478.4 Producing, supplying or obtaining data with intent to commit a computer offence
Part 10.8—Financial information offences
480.1 Definitions
480.2 Dishonesty
480.3 Constitutional application of this Part
480.4 Dishonestly obtaining or dealing in personal financial information
480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information
480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information
Part 10.9—Accounting records
Division 490—False dealing with accounting documents
490.1 Intentional false dealing with accounting documents
490.2 Reckless false dealing with accounting documents
490.3 Meaning of annual turnover
490.4 Related bodies corporate
490.5 Proof of certain matters unnecessary
490.6 Consent to commencement of proceedings
490.7 Saving of other laws
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Dictionary
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
