Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Annual survey
We would appreciate it if you could complete our website
survey
, open until 28 November 2025.
1 Announcement
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Crimes Act 1914
In force
Administered by
Attorney-General's Department
Department of Home Affairs
Superseded version
Click for more info
View latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2007C00522
25 August 2007
-
30 June 2008
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Volume 1
Collapse
Part I—Preliminary
1 Short title [see Note 1]
3 Interpretation
3AA State offences that have a federal aspect
3A Operation of Act
3B Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island
3BA Application of the Criminal Code
Collapse
Part IAA—Search, information gathering, arrest and related powers
Collapse
Division 1—Preliminary
3C Interpretation
3CA Nature of functions of magistrate
3D Application of Part
Collapse
Division 2—Search warrants
3E When search warrants can be issued
3F The things that are authorised by a search warrant
3G Availability of assistance and use of force in executing a warrant
3H Details of warrant to be given to occupier etc.
3J Specific powers available to constables executing warrant
3K Use of equipment to examine or process things
3L Use of electronic equipment at premises
3LA Person with knowledge of a computer or a computer system to assist access etc.
3LB Accessing data held on other premises—notification to occupier of that premises
3M Compensation for damage to electronic equipment
3N Copies of seized things to be provided
3P Occupier entitled to be present during search
3Q Receipts for things seized under warrant
3R Warrants by telephone or other electronic means
3S Restrictions on personal searches
Collapse
Division 3—Stopping and searching conveyances
3T Searches without warrant in emergency situations
3U How a constable exercises a power under section 3T
Collapse
Division 3A—Powers to stop, question and search persons in relation to terrorist acts
Collapse
Subdivision A—Definitions
3UA Definitions
Collapse
Subdivision B—Powers
3UB Application of Subdivision
3UC Requirement to provide name etc.
3UD Stopping and searching
3UE Seizure of terrorism related items and serious offence related items
3UF How seized things must be dealt with
3UG Application to magistrate
3UH Relationship of Subdivision to other laws
Collapse
Subdivision C—Prescribed security zones
3UI Applications for declarations
3UJ Minister may make declarations
Collapse
Subdivision D—Sunset provision
3UK Sunset provision
Collapse
Division 4—Arrest and related matters
3V Requirement to furnish name etc.
3W Power of arrest without warrant by constables
3X Arrest of prisoner unlawfully at large
3Y Power of arrest without warrant of person on bail
3Z Power of arrest without warrant by other persons
3ZA Warrants for arrest
3ZB Power to enter premises to arrest offender
3ZC Use of force in making arrest
3ZD Persons to be informed of grounds of arrest
3ZE Power to conduct a frisk search of an arrested person
3ZF Power to conduct an ordinary search of an arrested person
3ZG Power to conduct search of arrested person’s premises
3ZH Power to conduct an ordinary search or a strip search
3ZI Rules for conduct of strip search
3ZJ Taking fingerprints, recordings, samples of handwriting or photographs
3ZK Destruction of identification material
3ZL Offence of refusing to allow identification material to be taken
3ZM Identification parades
3ZN Identification parades for suspects under 18 etc.
3ZO Identification by means of photographs
3ZP Identification procedures where there is more than one suspect
3ZQ Descriptions
Collapse
Division 4A—Determining a person’s age
Collapse
Subdivision A—Preliminary
3ZQA Definitions
Collapse
Subdivision B—Determination of age during investigation
3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure
3ZQC Obtaining of consents for the carrying out of a prescribed procedure
3ZQD Withdrawal of consent
3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses
Collapse
Subdivision C—Determination of age during proceedings
3ZQF Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative
Collapse
Subdivision D—Communication of orders by judges or magistrates
3ZQG Orders made by judges or magistrates concerning carrying out of a prescribed procedure
Collapse
Subdivision E—Matters relating to the carrying out of prescribed procedures
3ZQH Appropriate medical or other standards to be applied
3ZQI Reasonable and necessary force
Collapse
Subdivision F—Disclosure and destruction of age determination information
3ZQJ Disclosure of age determination information
3ZQK Destruction of age determination information
Collapse
Division 4B—Power to obtain information and documents
Collapse
Subdivision A—Definitions
3ZQL Definitions
Collapse
Subdivision B—Power to request information or documents about terrorist acts from operators of aircraft or ships
3ZQM Power to request information or documents about terrorist acts from operators of aircraft or ships
Collapse
Subdivision C—Power to obtain documents relating to serious terrorism and non-terrorism offences
3ZQN Power to obtain documents relating to serious terrorism offences
3ZQO Power to obtain documents relating to serious offences
3ZQP Matters to which documents must relate
3ZQQ Powers conferred on Federal Magistrates in their personal capacity
3ZQR Documents must be produced
3ZQS Offence for failure to comply with notice under section 3ZQN or 3ZQO
3ZQT Offence for disclosing existence or nature of notice
Collapse
Division 5—General
3ZR Conduct of ordinary searches and frisk searches
3ZS Announcement before entry
3ZT Offence for making false statements in warrants
3ZU Offences relating to telephone warrants
3ZV Retention of things which are seized
3ZW Magistrate may permit a thing to be retained
3ZX Law relating to legal professional privilege not affected
Collapse
Part IA—General
4AAA Commonwealth laws conferring non-judicial functions and powers on officers
4AAB Arrangements for conferral of non-judicial functions and powers
4A Meaning of certain words
4AA Penalty units
4AB Conversion of pecuniary penalties expressed in dollar amounts to penalty units
4B Pecuniary penalties—natural persons and bodies corporate
4C Offences under 2 or more laws
4D Penalties
4E Pecuniary penalties
4F Effect of alterations in penalties
4G Indictable offences
4H Summary offences
4J Certain indictable offences may be dealt with summarily
4JA Some indictable offences punishable by fine only may be dealt with summarily
4K Continuing and multiple offences
4L Specified defences not to preclude other defences
4M Children under 10
4N Children over 10 but under 14
6 Accessory after the fact
9 Seizure and condemnation of forfeitable goods
9A Forfeited articles to be dealt with by Official Trustee
9B Costs etc. payable to Official Trustee
13 Institution of proceedings in respect of offences
15 Remand of defendant
15AA Bail not to be granted in certain cases
15AB Matters to be considered in certain bail applications
15A Enforcement of fines etc.
15B Time for commencement of prosecutions
15C Form of indictments, informations and summonses
15E Privilege of Parliament not affected
15F Civil rights not affected
Collapse
Part IAB—Controlled operations for obtaining evidence about Commonwealth offences
Collapse
Division 1—Objects of Part
15G Objects of Part
15GA Concurrent operation of State and Territory laws
Collapse
Division 2—General
15H What is a controlled operation?
15HA Meaning of engage in conduct etc.
15HB What is a serious Commonwealth offence or a serious State offence that has a federal aspect?
15I Law enforcement officers etc. not liable for offences committed for purposes of authorised controlled operation
15IA Indemnification of law enforcement officers etc.
15IB Requirements that must be met for the purposes of sections 15I and 15IA
15IC Effect of sections 15I and 15IA on other laws relating to criminal investigation
15ID Compensation for loss or injury
15J Application for certificate authorising a controlled operation—by whom and to whom made
15K Form and contents of application
15L Urgent applications
15M On what grounds may a certificate authorising a controlled operation be given?
15N Form and contents of certificate
15NA Variation of certificate
15O Surrender of certificate
15OA Termination of certificate
15OB Expiry of certificate after 6 months or 3 months
15OC Who are nominated Tribunal members?
15P Period for which certificate is in force
15PA Effect of being unaware etc. of variation, surrender, termination or expiry of certificate
15Q Chief Executive Officer of Customs to be notified of certain certificates
15R Quarterly reports to the Minister
15S Contents of quarterly reports
15T Minister to table report before Parliament
15U Evidentiary certificates
Collapse
Division 2A—Monitoring of controlled operations by the Ombudsman
15UA Ombudsman to be notified of certain matters
15UB Inspection of records by Ombudsman
15UC Annual reports by Ombudsman
15UD Ancillary matters concerning reports
Collapse
Division 3—Controlled operations started before commencement of this Part
15V Interpretation
15W Minister may give certificate about controlled operation that involved unlawful importation of narcotic goods by law enforcement officer
15X Evidence of illegal importation etc. of narcotic goods not to be rejected on ground of unlawful conduct by law enforcement officer
Collapse
Part IAC—Assumed identities
Collapse
Division 1—Definitions etc.
15XA Definitions etc.
Collapse
Division 2—Effect of an assumed identity
15XB Assumed identities may be acquired and used
15XC Protection from criminal liability
15XD Indemnification of approved officers and persons
15XE Effect of being unaware of variation or revocation of authorisation
15XF Documents authorising use of skill or qualification
Collapse
Division 3—Authorising the acquisition or use of assumed identities
15XG Commonwealth authorisations of the acquisition or use of assumed identities
15XH State or Territory authorisations of the acquisition or use of assumed identities
15XI Contents of an authorisation for an assumed identity
15XJ When an authorisation is in force
15XK Variation and revocation of authorisations
Collapse
Division 4—Issuing and cancelling evidence of assumed identities
15XL Authorising person may request agencies and bodies to issue evidence of assumed identities etc.
15XM Requesting Commonwealth agencies to issue evidence of assumed identities etc.
15XMA Requesting State agencies or Territory agencies to issue evidence of assumed identities etc.
15XN Requesting non-government bodies to issue evidence of assumed identities etc.
15XO Cancelling evidence of assumed identities etc.
15XP Protection from criminal liability
15XQ Indemnification of issuing agencies etc.
Collapse
Division 5—Offences relating to assumed identities
15XR Misuse of assumed identities
15XS Disclosing information relating to assumed identities
Collapse
Division 6—Miscellaneous
15XT Disclosing real identities during court proceedings etc.
15XU Keeping and auditing records of assumed identities
15XUA Matters to be reported
15XV Concurrent operation of State and Territory laws
15XW Regulations
Collapse
Part IAD—Protection of children in proceedings for sexual offences
Collapse
Division 1—Introduction
15Y Proceedings to which this Part applies
15YA Definitions
Collapse
Division 2—Admissibility of evidence
15YB Evidence of sexual reputation
15YC Evidence of sexual experience
15YD Leave under this Division
Collapse
Division 3—Cross-examination
15YE Disallowing inappropriate or aggressive cross-examination
15YF Unrepresented defendants—cross-examination of child complainants
15YG Unrepresented defendants—cross-examination of child witnesses
15YH Represented defendants—cross-examination of child witnesses and child complainants
Collapse
Division 4—Special facilities for child witnesses to give evidence
15YI Closed-circuit television
15YJ Giving evidence by closed-circuit television
15YK Viewing evidence given by closed-circuit television
15YL Alternative arrangements for giving evidence
Collapse
Division 5—Use of video recordings
15YM Use of video recordings
15YN Admissibility of evidence given using video recordings
Collapse
Division 6—Miscellaneous
15YO Adults accompanying child witnesses
15YP Exclusion of people from the courtroom
15YQ Warnings etc. not to be given about children’s evidence
15YR Publication identifying child witnesses or child complainants
15YS General powers of a court
15YT Division 5 of Part IIIA unaffected
Collapse
Part IAE—Video link evidence in proceedings for terrorism and related offences etc.
15YU Proceedings to which this Part applies
15YV When court may take evidence by video link
15YW Observers
15YX Adjournment after a section 15YV direction or order etc.
15YY Technical requirements for video link
15YZ Direction to jury
15YZA Application of laws about witnesses
15YZB Administration of oaths and affirmations
15YZC Expenses
15YZD Appeals against section 15YV directions or orders etc.
15YZE Other laws about evidence not affected
15YZF Saving of other laws
Collapse
Part IB—Sentencing, imprisonment and release of federal offenders
Collapse
Division 1—Interpretation
16 Interpretation
Collapse
Division 2—General sentencing principles
16A Matters to which court to have regard when passing sentence etc.
16B Court to have regard to other periods of imprisonment required to be served
16BA Taking other offences into account
16C Fines
16D No corporal punishment
Collapse
Division 3—Sentences of imprisonment
16E Commencement of sentences
16F Court to explain sentence
17A Restriction on imposing sentences
17B Restriction on imposing sentences for certain minor offences
18 Sentence of imprisonment
19 Cumulative, partly cumulative or concurrent sentences
19A Detention of person in State or Territory prisons
19AA Remissions and reductions of sentences
Collapse
Division 4—The fixing of non-parole periods and the making of recognizance release orders
19AB When court must fix non-parole period or make a recognizance release order
19AC When court must fix a recognizance release order
19AD Persons already subject to a non-parole period
19AE Persons already subject to recognizance release order
19AF Non-parole period or pre-release periods not to exceed remitted sentence
19AG Non-parole periods for sentences for certain offences
19AH Failure to fix non-parole period or make recognizance release order
19AJ Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment
19AK Possible deportation no impediment to fixing non-parole period
Collapse
Division 5—Conditional release on parole or licence
19AL Release on parole
19AM Person not to be released on parole if still serving State or Territory sentence
19AN Parole order is subject to conditions
19AP Release on licence
19AQ When parole order or licence automatically revoked
19AR Fixing of non-parole period etc. where parole or licence automatically revoked
19AS Court to issue warrant of detention where person required to serve balance of sentence
19AT What happens when later conviction is quashed?
19AU Attorney-General may revoke parole order or licence
19AV Arrest of person whose parole order or licence revoked by Attorney-General
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
19AZ Evidence before prescribed authority
19AZA Disobedience of summons etc.
19AZB Can person be released on parole or licence if earlier parole order or licence revoked?
19AZC Effect of parole order and licence on sentence
19AZD State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders
19B Discharge of offenders without proceeding to conviction
20 Conditional release of offenders after conviction
20A Failure to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
20AB Additional sentencing alternatives
20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1)
Collapse
Division 6—Unfitness to be tried
20B Consequences of preliminary finding that person unfit to be tried
20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
20BB Persons found by a court to be likely to be fit within 12 months
20BC Persons found by a court not to be likely to be fit within 12 months
20BD Review by Attorney-General
20BE Attorney-General may order release
20BF Release order may be revoked
20BG Attorney-General to review detention of persons taken back into detention
20BH State or Territory mental health authorities to be notified of certain releases
Collapse
Division 7—Acquittal because of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney-General
20BL Attorney-General may order release
20BM Release order may be revoked
20BN Attorney-General to review detention of persons taken back into detention
20BP State or Territory authorities to be notified of certain releases
Collapse
Division 8—Summary disposition of persons suffering from mental illness or intellectual disability
20BQ Person suffering from mental illness or intellectual disability
20BR Means by which court may be informed
Collapse
Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability
20BS Hospital orders
20BT Lesser periods of imprisonment fixed under hospital orders
20BU Discharge of hospital orders
20BV Psychiatric probation orders
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation orders
20BY Program probation orders
Collapse
Division 10—Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
21E Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused
21F Prescribed authorities and parole officers
22 Conditions etc. that a court may impose on certain offenders
22A State orders relating to passports
Collapse
Part IC—Investigation of Commonwealth offences
Collapse
Division 1—Introduction
23 Outline of this Part
23A Application of Part
23AA How this Part applies to the Antarctic Territories
23B Definitions
Collapse
Division 2—Powers of detention
23C Period of arrest if arrested for non-terrorism offence
23CA Period of arrest if arrested for terrorism offence
23CB Specifying time during which suspension or delay of questioning may be disregarded
23D Extension of investigation period if arrested for non-terrorism offence
23DA Extension of investigation period if arrested for terrorism offence
23E Applications by telephone etc.
Collapse
Division 3—Obligations of investigating officials
23F Cautioning persons who are under arrest or protected suspects
23G Right to communicate with friend, relative and legal practitioner
23H Aboriginal persons and Torres Strait Islanders
23J Lists of interview friends and interpreters
23K Persons under 18
23L Exceptions
23M Providing information relating to persons who are under arrest or protected suspects
23N Right to interpreter
23P Right of non-Australian nationals to communicate with consular office
23Q Treatment of persons under arrest
23S Right to remain silent etc. not affected
23T Acts authorised under other laws
23U Tape recording of information required to be given to person under arrest
23V Tape recording of confessions and admissions
23W Proof of belief
Collapse
Part ID—Forensic procedures
Collapse
Division 1—Explanation of expressions used
23WA Definitions
23WB Interview friends
Collapse
Division 2—Authority and time limits for forensic procedures on suspects: summary of rules
23WC How forensic procedures may be authorised in different circumstances
23WCA Time limits for carrying out forensic procedures
Collapse
Division 3—Forensic procedures on suspect by consent
23WD Forensic procedure may be carried out with informed consent of suspect
23WE People who cannot consent to forensic procedures
23WF Informed consent to forensic procedures—general
23WG Informed consent to forensic procedures—Aboriginal persons and Torres Strait Islanders
23WH Constable may request suspect to consent to forensic procedure
23WI Matters to be considered by constable before requesting consent to forensic procedure
23WJ Matters that suspect must be informed of before giving consent
23WK Withdrawal of consent
23WL Recording of giving of information and suspect’s responses
23WLA Time for carrying out forensic procedure—suspect not in custody
Collapse
Volume 2
Collapse
Part ID—Forensic procedures
Collapse
Division 4—Non-intimate forensic procedures on suspect by order of senior constable
23WM Non-intimate forensic procedure may be carried out by order of senior constable
23WN Circumstances in which senior constable may order non-intimate forensic procedures
23WO Matters to be considered by senior constable before ordering forensic procedure
23WP Record of senior constable’s order
Collapse
Division 5—Forensic procedures on suspect by order of a magistrate
Collapse
Subdivision A—General
23WQ Forensic procedure may be carried out by order of magistrate
23WR Circumstances in which magistrate may order forensic procedure
Collapse
Subdivision B—Final orders
23WS Final order for carrying out of forensic procedure
23WT Matters to be considered by magistrate before ordering forensic procedure
23WU Application for order
23WV Securing the presence of suspect at hearing—suspect in custody
23WW Securing the presence of suspect at hearing—suspect not in custody
23WX Procedure at hearing of application for order
23WY Making of order
Collapse
Subdivision C—Interim orders
23XA Interim order for carrying out of a forensic procedure
23XB Application for interim order
23XC Procedure at hearing of application for interim order
23XD Making of interim order
23XE Records of application and interim order
23XF Suspect may be prevented from destroying or contaminating evidence
23XG Results of forensic procedure carried out under interim order
Collapse
Subdivision D—Time limits for forensic procedures ordered by magistrates
23XGA Application
23XGB Time for carrying out forensic procedure—suspect not in custody
23XGC Arrest of suspect not in custody
23XGD Time for carrying out forensic procedure—suspect in custody
Collapse
Subdivision E—Reports of proceedings under Division
23XH Restrictions on publication
Collapse
Division 6—Carrying out forensic procedures on suspects
Collapse
Subdivision A—General provisions
23XI General rules for carrying out forensic procedures
23XIA No questioning during forensic procedure
23XIB Suspect must be cautioned before forensic procedure starts
23XJ Use of force in carrying out forensic procedures
23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner
23XL Taking of hair samples
Collapse
Subdivision B—Persons involved in forensic procedures
23XM Persons who may carry out forensic procedures
Collapse
Subdivision C—Further provisions about who may carry out forensic procedures
23XN Certain forensic procedures generally to be carried out by person of same sex as suspect
23XO Person may get help to carry out forensic procedures
Collapse
Subdivision D—Presence of other people while forensic procedure is carried out
23XP Medical practitioner or dentist of suspect’s choice may be present for intimate forensic procedures
23XQ Presence of interview friend or legal representative—children and incapable persons
23XR Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders
23XS Presence of constables
23XSA Presence of prison officers
Collapse
Subdivision E—Recording of forensic procedure
23XT Recording of forensic procedure
Collapse
Subdivision F—Procedure after forensic procedure is carried out
23XU Samples—sufficient material to share
23XUA Samples—insufficient material to share
23XV Photographs
23XW Results of analysis
23XWA Preventing the carrying out of forensic procedure
Collapse
Division 6A—Carrying out of certain forensic procedures after conviction of serious and prescribed offenders
23XWB Forensic procedures to which Division applies
23XWC Non-intimate forensic procedures authorised to be carried out on offenders
23XWD Intimate forensic procedures authorised to be carried out on serious offenders
23XWE Application of Division 6
23XWF Scope of authorisation
23XWG Informed consent to forensic procedures
23XWH Constable may request offender to consent to forensic procedure
23XWI Matters to be considered by constable before requesting consent to forensic procedure
23XWJ Matters that offender must be informed of before giving consent
23XWK Circumstances in which constable may order non-intimate forensic procedure
23XWL Matters to be considered by constable
23XWM Recording of giving of information and consent
23XWN Record of constable’s order
23XWO Judge or magistrate order for carrying out forensic procedure on offender
23XWP Carrying out forensic procedure following conviction
Collapse
Division 6B—Carrying out of forensic procedures on volunteers and certain other persons
23XWQ Carrying out of forensic procedures on volunteers
23XWR Informed consent of volunteer or parent or guardian of volunteer
23XWS Recording of giving of information and consent
23XWT Withdrawal of consent
23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
Collapse
Division 7—Admissibility of evidence
Collapse
Subdivision A—Forensic evidence
23XX Inadmissibility of evidence from improper forensic procedures etc.
23XY Inadmissibility of evidence where forensic material required to be destroyed
Collapse
Subdivision B—Other evidence
23XZ Admissibility of evidence relating to consent to forensic procedure
23YA Admissibility of evidence relating to carrying out of forensic procedure
23YB Obstructing the carrying out of forensic procedure
Collapse
Division 8—Destruction of forensic material
23YC Destruction of forensic material where interim order disallowed
23YD Destruction of forensic material after 12 months
23YDAA Destruction of forensic material taken from offender after conviction quashed
23YDAB Destruction of forensic material where related evidence is inadmissible
Collapse
Division 8A—Commonwealth and State/Territory DNA database systems
23YDAC Definitions
23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems
23YDAD Supply of forensic material for purposes of DNA database
23YDAE Use of information on Commonwealth DNA database system or NCIDD
23YDAF Permissible matching of DNA profiles
23YDAG Recording, retention and removal of identifying information on Commonwealth DNA database system
Collapse
Division 9—General provisions relating to operation of this Part
23YDA Interpreters
23YE Powers etc. of legal representatives and interview friends
23YF Obligation of investigating constables relating to tape recordings
23YG Material required to be made available to suspect, offender or volunteer
23YH No charge to be made for giving material etc. to suspects, offenders and volunteers
23YI Proof of belief or suspicion
23YJ Proof of impracticability
23YJA Proof that time should be disregarded
23YK Proof of voluntary waiver of certain rights
23YL Liability for forensic procedures
23YM Experts not obliged to carry out forensic procedures
23YN Retention of electronic recordings
23YO Disclosure of information
23YP Taking, retention and use of forensic material
23YQ Commissioner may delegate functions and powers
Collapse
Division 10—Operation of this Part and effect on other laws
23YQA Part does not apply to persons under 10
23YR Relationship with Part IAA
23YS Relationship with Part IC
23YU Application of other laws
Collapse
Division 11—Interjurisdictional enforcement
23YUA Definitions
23YUB Registration of orders
23YUC Carrying out of registered orders
23YUD Database information
Collapse
Division 11A—Operation of this Part in relation to certain incidents
23YUE Definitions
23YUF Application of this Division
23YUG Use of information on DNA database systems
23YUH Permissible matching of DNA profiles
23YUI Disclosure of information
23YUJ This Division does not restrict operation of this Part
23YUK Review of operation of this Division
Collapse
Division 11B—Concurrent operation of State and Territory laws
23YUL Concurrent operation of State and Territory laws
Collapse
Division 12—Review of operation of Part
23YV Review of operation of Part
Collapse
Part II—Offences against the Government
24AA Treachery
24AB Sabotage
24AC Institution of prosecutions
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
Collapse
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 etc. issued by unlawful association not transmissible by post
30F Prohibition of sale of books etc. issued by unlawful association
30FA Imprints on publications
30FC Owner etc. of building 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
30R Books etc. taken to have been issued by associations
Collapse
Part III—Offences relating to the administration of justice
31 Interpretation
34 Judge or magistrate acting oppressively or when interested
35 Giving false testimony
36 Fabricating evidence
36A Intimidation of witnesses etc.
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
47A Rescuing a prisoner from custody etc.
47B Person unlawfully at large
47C Permitting escape
48 Harbouring etc. an escapee
48A Sentence ceases to run while escaped prisoner at large
49 Removing property under seizure
Collapse
Part IIIA—Child sex tourism
Collapse
Division 1—Preliminary
50AA General
50AB Meaning of act of indecency
50AC Meaning of sexual intercourse
50AD Who can be prosecuted for an offence committed overseas
Collapse
Division 2—Sexual offences against children overseas
50BA Sexual intercourse with child under 16
50BB Inducing child under 16 to engage in sexual intercourse
50BC Sexual conduct involving child under 16
50BD Inducing child under 16 to be involved in sexual conduct
Collapse
Division 3—Defences
50CA Defence based on belief about age
50CB Defence based on valid and genuine marriage
50CC Defence must be proved on balance of probabilities
50CD Jury may consider reasonableness of alleged belief
Collapse
Division 4—Offences of benefiting from, or encouraging, offences against this Part
50DA Benefiting from offence against this Part
50DB Encouraging offence against this Part
Collapse
Division 5—Video link evidence
50EA When court may take evidence by video link
50EB Motion of parties
50EC Technical requirements for video link
50ED Application of laws about witnesses
50EE Administration of oaths and affirmations
50EF Expenses
50EG Other laws about foreign evidence not affected
Collapse
Division 6—Other rules about conduct of trials
50FA Certain material taken to be evidence of age
50FB Alternative verdicts
50FC Double jeopardy
50FD Sentencing
Collapse
Division 7—Saving of other laws
50GA Saving of other laws
Collapse
Part IV—Piracy
51 Interpretation
52 Piracy
53 Operating a pirate-controlled ship or aircraft
54 Seizure of pirate ships and aircraft etc.
55 Written consent of Attorney-General required
56 Evidence of certain matters
Collapse
Part VI—Offences by and against public officers
70 Disclosure of information by Commonwealth officers
Collapse
Part VII—Official secrets and unlawful soundings
77 Interpretation
79 Official secrets
80 Prohibited places
83 Unlawful soundings
85 Institution of prosecution
85B Hearing in camera etc.
85D Forfeiture of articles etc.
Collapse
Part VIIA—Offences relating to postal services
85E Interpretation—definitions
85F Interpretation—expressions used in Australian Postal Corporation Act
85G Forgery of postage stamps etc.
85H Special paper for postage stamps
85N Wrongful delivery of postal article etc.
85Q Forgery of postal messages etc.
85R Wrongful delivery of postal messages
85T Sending false postal messages
85U Obstructing carriage of articles by post
85V Interference with property of Australia Post
85W Causing narcotic substances to be carried by post
85Z Articles carried by post to be taken to be Australia Post’s property
85ZA Postage stamps to be valuable securities etc.
Collapse
Part VIIC—Pardons, quashed convictions and spent convictions
Collapse
Division 1—Interpretation and application of Part
85ZL Interpretation of Part
85ZM Meaning of conviction and spent conviction
85ZN Meaning of quash
85ZP Application of Part
85ZQ Part binds the Crown
Collapse
Division 2—Pardons for persons wrongly convicted, and quashed convictions
85ZR Pardons for persons wrongly convicted
85ZS Effect of pardons for persons wrongly convicted
85ZT Quashed convictions
85ZU Effect of quashed convictions
Collapse
Division 3—Spent convictions
85ZV Spent convictions
85ZW Effect of right of non-disclosure
Collapse
Division 4—Convictions of further offences
85ZX Convictions of further Commonwealth or Territory offences
85ZY Convictions of further State or foreign offences
Collapse
Division 5—Complaints to Privacy Commissioner
85ZZ Privacy Commissioner’s functions
85ZZA Complaints to the Privacy Commissioner
85ZZB Identity of respondent to complaint
85ZZC Investigation of complaints
85ZZD Determinations of Privacy Commissioner
85ZZE Payment of compensation or expenses
85ZZF Enforcement of determination or recommendation
85ZZG Application of Privacy Act
Collapse
Division 6—Exclusions
85ZZH Exclusions
85ZZJ Further exclusions—law enforcement agencies
85ZZK Fair reporting: pardons and quashed convictions
Collapse
Part VIII—Miscellaneous
87 False certificates
89 Trespassing on Commonwealth land
89A Discharging firearms on or over Commonwealth land
90 Trespass by cattle or live stock
90A Destroying etc. posters etc. relating to Commonwealth loans
90B False statements in documents filed etc. under laws of a Territory
91 Regulations
Collapse
Schedule—Form of explanation under section 23V
Notes to the STYLEREF ShortT \* MERGEFORMAT Crimes Act 1914