CRIMES ACT 1914
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 3 Interpretation
- 3AA State offences that have a federal aspect
- 3A Operation of Act
- 3B Arrangements with States, Australian Capital Territory and Northern Territory
- 3BA Application of the Criminal Code
PART IAA--SEARCH--, INFORMATION GATHERING, ARREST AND RELATED POWERS (OTHER THAN POWERS UNDER DELAYED NOTIFICATION SEARCH WARRANTS)
Division 1--Preliminary
- 3C Interpretation
- 3CAA Account - based data
- 3CA Nature of functions of magistrate
- 3D Application of Part
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
- 3JA Extension of time to re - enter premises in emergency situations
- 3K Use of equipment to examine or process things
- 3L Use of electronic equipment at premises
- 3LAA Use of electronic equipment at other place
- 3LA Person with knowledge of a computer or a computer system to assist access etc.
- 3LB Accessing data held on certain premises--notification to occupier of that premises
- 3M Compensation for damage to equipment
- 3N Copies of seized things to be provided
- 3P Occupier entitled to be present during search
- 3Q Receipts for things seized under warrant or moved
- 3R Warrants by telephone or other electronic means
- 3S Restrictions on personal searches
- 3SA Relationship of this Division to parliamentary privileges and immunities
Division 3--Stopping and searching conveyances
Division 3A--Powers in relation to terrorist acts and terrorism offences
Subdivision A--Definitions
- 3UA Definitions
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
- 3UEA Emergency entry to premises without warrant
- 3UEB Emergency entry to premises without warrant--post - entry warrants
- 3UF Seizure notices
- 3UH Relationship of Subdivision to other laws
Subdivision C--Prescribed security zones
- 3UI Applications for declarations
- 3UJ Minister may make declarations
Subdivision CA--Reporting on exercise of powers under this Division
- 3UJA Report after powers are exercised
- 3UJB Annual report on exercise of powers
Subdivision CB--Matters relating to post-entry warrants
- 3UJC Assessment officers
- 3UJD Consent of Judges
- 3UJE Nominated AAT members
Subdivision D--Sunset provision
- 3UK Sunset provision
Division 3B--Identity information requirements, and move-on powers, at airports
3UL. Definitions--Division 3B
- 3UM Meaning of major airpor t
- 3UN Meaning of public order and safe operation
- 3UO Determination of airports
- 3UP Identity information at airports
- 3UQ Move - on directions at airports
- 3UR Move - on directions at airports--alternative constitutional scope
- 3US Stop and directions powers at airports
- 3UT Constables' and protective service officers' duties at airports
- 3UU Directions at airports--offences
- 3UV Review of Division
Division 4--Arrest and related matters
- 3V Requirement to furnish name etc.
- 3W Power of arrest without warrant by constables
- 3WA Constables' power of arrest without warrant for a terrorism offence or offence of advocating terrorism
- 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
Division 4A--Determining a person's age
Subdivision A--Preliminary
Division 4B--Power to obtain information and documents
Subdivision A--Definitions
- 3ZQL Definition
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
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 Judges of the Federal Circuit and Family Court of Australia (Division 2) 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
Division 4C--Using, sharing and returning things seized and documents produced
Subdivision A--Using and sharing things seized and documents produced
- 3ZQU Purposes for which things and documents may be used and shared
- 3ZQV Operating seized electronic equipment
- 3ZQW Compensation for damage to electronic equipment
Subdivision B--Returning things seized and documents produced
- 3ZQX When things seized or documents produced under Division 2, 4 or 4B must be returned
- 3ZQY When things seized under Division 3 must be returned
- 3ZQZA When things seized under Division 3A must be returned
- 3ZQZB Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.
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
- 3ZW Delegation by Commissioner
- 3ZX Law relating to legal professional privilege not affected
PART IAAA--DELAYED--NOTIFICATION SEARCH WARRANTS
Division 1--Preliminary
Division 2--Issue of delayed notification search warrants
Subdivision A--The normal process for applying for and issuing delayed notification search warrants
- 3ZZBA Eligible officer may seek authorisation to apply for a delayed notification search warrant
- 3ZZBB Authorisation to apply for a delayed notification search warrant
- 3ZZBC Applying for a delayed notification search warrant
- 3ZZBD Issuing a delayed notification search warrant
- 3ZZBE Contents of a delayed notification search warrant
Subdivision B--Delayed notification search warrants by telephone, fax etc.
- 3ZZBF Delayed notification search warrants by telephone, fax etc.
- 3ZZBG Authority of delayed notification search warrant by telephone, fax etc.
Subdivision C--Offences relating to applying for warrants etc.
- 3ZZBH Offence for making false statement in application for delayed notification search warrant
- 3ZZBI Offence relating to delayed notification search warrant by telephone, fax etc.
Subdivision D--Interaction with other provisions under which search warrants may be issued
- 3ZZBJ Issue of warrants under other provisions as well as or instead of delayed notification search warrants
Division 3--Exercise of powers under delayed notification search warrants
- 3ZZCA What is authorised by a delayed notification search warrant
- 3ZZCB Specific powers available to person executing warrant
- 3ZZCC Extension of time to re - enter premises left in emergency situation or to avoid discovery of law enforcement officer
- 3ZZCD Executing a warrant--assistance, use of force and related matters
- 3ZZCE Use of equipment to examine or process things
- 3ZZCF Use of electronic equipment at warrant premises
- 3ZZCG Use of moved electronic equipment at other place
- 3ZZCH Operating seized or moved electronic equipment
- 3ZZCI Compensation for damage to electronic equipment
Division 4--Notice to occupiers
- 3ZZDA Warrant premises occupier's notice must be prepared and given
- 3ZZDB Adjoining premises occupier's notice must be prepared and given
- 3ZZDC Time for giving warrant premises occupier's notice or adjoining premises occupier's notice
Division 5--Using, sharing and returning things seized
Subdivision A--Using and sharing things seized
- 3ZZEA Purposes for which things may be used and shared
Subdivision B--Returning things seized
- 3ZZEB When things seized must be returned
- 3ZZEC Eligible issuing officer may permit a thing seized to be retained, forfeited etc.
Division 6--Reporting and record-keeping
- 3ZZFA Reporting on delayed notification search warrants
- 3ZZFB Annual reports to Minister
- 3ZZFC Regular reports to Ombudsman
- 3ZZFD Keeping documents connected with delayed notification search warrants
- 3ZZFE Register of delayed notification search warrants
Division 7--Inspections by Ombudsman
- 3ZZGA Appointment of inspecting officers
- 3ZZGB Inspection of records by the Ombudsman
- 3ZZGC Power to obtain relevant information
- 3ZZGD Offence
- 3ZZGE Ombudsman to be given information etc. despite other laws
- 3ZZGF Exchange of information between Ombudsman and State or Territory inspecting authorities
- 3ZZGG Ombudsman not to be sued
- 3ZZGH Report on inspection
Division 8--Unauthorised disclosure of information
- 3ZZHA Unauthorised disclosure of information
Division 9--Other matters
- 3ZZIA Delegation
- 3ZZIB Law relating to legal professional privilege not affected
PART IAAB--MONITORING--OF COMPLIANCE WITH PART 5.3 SUPERVISORY ORDERS ETC.
Division 1--Introduction
Division 2--Powers of constables in relation to premises
Subdivision A--Monitoring powers
- 3ZZKA Entering premises by consent or under a warrant
- 3ZZKB General monitoring powers
- 3ZZKC Operating electronic equipment
- 3ZZKD Securing electronic equipment to obtain expert assistance
Subdivision B--Powers to ask questions and seek production of documents
- 3ZZKE Asking questions and seeking production of documents
Subdivision C--Other powers
- 3ZZKF Other powers
- 3ZZKG Availability of assistance and use of force in executing a warrant
Division 3--Powers of constables in relation to persons subject to Part 5.3 supervisory orders
- 3ZZLA Searching a person by consent or under a warrant
- 3ZZLB Monitoring powers
- 3ZZLC Seizure powers
- 3ZZLD Availability of assistance and use of force in executing a warrant
Division 4--Obligations and incidental powers of constables
- 3ZZNA Consent of occupier of premises
- 3ZZNB Consent to search of a person
- 3ZZNC Announcement before entry under warrant
- 3ZZND Constable to be in possession of warrant
- 3ZZNE Details of warrant etc. to be given to occupier
- 3ZZNF Compensation for damage to electronic equipment
- 3ZZNG Occupier entitled to be present during search
- 3ZZNH Person subject to a Part 5.3 supervisory order is entitled to be present during search
Division 5--Monitoring warrants
- 3ZZOA Monitoring warrant in relation to premises
- 3ZZOB Monitoring warrant in relation to a person
- 3ZZOC Restrictions on personal searches
- 3ZZOD Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.
Division 6--Monitoring warrants by telephone or other electronic means
- 3ZZPA Monitoring warrants by telephone or other electronic means
- 3ZZPB Offences relating to telephone warrants
Division 7--Extension of periods in which things secured
- 3ZZQA Extension of periods in which things secured
Division 8--Things seized, documents produced, and answers given, under this Part
- 3ZZRA Receipts for things seized under this Part
- 3ZZRB Using, sharing and returning things seized under this Part
- 3ZZRC Using, sharing and returning documents produced under section 3ZZKE
- 3ZZRD Answers to questions asked under section 3ZZKE
Division 9--Powers of issuing officers
- 3ZZSA Powers of issuing officers
Division 10--General
- 3ZZTA Conduct of ordinary searches and frisk searches
- 3ZZTB Protection of persons--control order declared to be void
- 3ZZTC Dealing with things, information or documents obtained under a monitoring warrant--control order declared to be void
- 3ZZTD Commissioner to keep documents connected with issue of monitoring warrants
- 3ZZTE Commissioner to notify Ombudsman in relation to monitoring warrants
Division 11--Inspections by Ombudsman
- 3ZZUA Appointment of inspecting officers
- 3ZZUB Inspection of records by the Ombudsman
- 3ZZUC Power to obtain relevant information
- 3ZZUD Offence
- 3ZZUE Ombudsman to be given information etc. despite other laws
- 3ZZUF Exchange of information between Ombudsman and State or Territory inspecting authorities
- 3ZZUG Ombudsman not to be sued
- 3ZZUH Annual report
PART IAABA--MONITORING--OF COMPLIANCE WITH COMMUNITY SAFETY SUPERVISION ORDERS ETC.
PART IAAC--ACCOUNT--TAKEOVER WARRANTS
Division 1--Introduction
Division 2--Account takeover warrants
- 3ZZUMA Sunsetting
- 3ZZUN Application for account takeover warrant
- 3ZZUP Determining the application
- 3ZZUQ What must an account takeover warrant contain?
- 3ZZUR What an account takeover warrant authorises
- 3ZZUS Variation of account takeover warrant
- 3ZZUT Revocation of account takeover warrant
- 3ZZUU Discontinuance of execution of account takeover warrant
- 3ZZUV Restoration of online account
- 3ZZUW Relationship of this Division to parliamentary privileges and immunities
Division 3--Emergency authorisations
- 3ZZUWA Sunsetting
- 3ZZUX Emergency authorisation--serious risks to person or property
- 3ZZUY Record of emergency authorisations to be made
- 3ZZUZ Attributes of emergency authorisations
- 3ZZVA Application for approval of emergency authorisation
- 3ZZVB Consideration of application
- 3ZZVC Magistrate may approve giving of an emergency authorisation
- 3ZZVD Admissibility of evidence
- 3ZZVE Restoration of online account
- 3ZZVF Relationship of this Division to parliamentary privileges and immunities
Division 4--Assistance orders
- 3ZZVG Person with knowledge of an online account to provide assistance
Division 5--Restrictions on use and disclosure of information
- 3ZZVH Unauthorised use or disclosure of protected information
- 3ZZVJ Dealing with records obtained under, or relating to, account takeover warrants etc.
- 3ZZVK Protection of account takeover technologies and methods
Division 6--Reporting and record keeping
- 3ZZVL Chief officers' annual reports to the Minister and the Ombudsman
- 3ZZVM Chief officers' annual reports to the Minister
- 3ZZVN Keeping documents connected with account takeover warrants
- 3ZZVP Register of applications for account takeover warrants and emergency authorisations
Division 7--Inspections
- 3ZZVQ Appointment of inspecting officers
- 3ZZVR Inspection of records by the Ombudsman
- 3ZZVS Power to obtain relevant information
- 3ZZVT Offence
- 3ZZVU Ombudsman to be given information and access despite other laws
- 3ZZVV Delegation by Ombudsman
- 3ZZVW Ombudsman not to be sued
- 3ZZVX Report on inspection
Division 8--Miscellaneous
- 3ZZVY Minor defects in connection with account takeover warrant
- 3ZZVZ Evidentiary certificates
- 3ZZWA Compensation for property loss or serious damage
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
- 15AAA Bail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences
- 15AB Matters to be considered in certain bail applications
- 15A Enforcement of fines etc.
- 15B Time for commencement of prosecutions
- 15C Form of indictments, information and summonses
- 15E Privilege of Parliament not affected
- 15F Civil rights not affected
PART IAB--CONTROLLED--OPERATIONS
Division 1--Preliminary
Subdivision A--Authorities to conduct controlled operations
Division 3--Protection from criminal responsibility and related provisions
Subdivision A--Controlled operations under this Part
Division 4--Compliance and monitoring
- 15HK Unauthorised disclosure of information
- 15HM Chief officers' 6 monthly reports to Ombudsman and Minister
- 15HN Chief officers' annual reports to Minister and Ombudsman
- 15HO Annual report by Ombudsman
- 15HP Keeping documents connected with controlled operations
- 15HQ General register
- 15HR Appointment of inspecting officers
- 15HS Inspection of records by the Ombudsman
- 15HT Power to obtain relevant information
- 15HU Offence
- 15HV Ombudsman to be given information and access despite other laws
- 15HW Exchange of information between Ombudsman and State inspecting authorities
- 15HX Delegation by Ombudsman
- 15HY Ombudsman not to be sued
Division 5--Miscellaneous
- 15HZ Evidence of authorities
- 15J Secretary of Immigration and Border Protection Department to be notified of certain authorities
PART IABA--INTEGRITY--TESTING
Division 1--Introduction
- 15JA Integrity testing--simplified outline
- 15JB Integrity testing--concurrent operation of State and Territory laws
- 15JC Integrity testing--definitions
- 15JD Integrity testing--meaning of integrity testing operation
Division 2--Integrity testing operations: authority
- 15JE Integrity testing authorities--circumstances in which applications may be made
- 15JF Integrity testing authorities--application
- 15JG Integrity testing authorities--grant
- 15JH Integrity testing authorities--form
- 15JI Integrity testing authorities--notice to National Anti - Corruption Commissioner
- 15JJ Integrity testing authorities--duration
- 15JK Integrity testing authorities--variation
- 15JL Integrity testing authorities--cancellation
- 15JM Integrity testing authorities--defects
Division 3--Integrity testing operations: protection of participants
- 15JN Integrity testing operations--authorised conduct
- 15JO Integrity testing operations--indemnity against civil liability
- 15JP Integrity testing operations--participants unaware of variation or cancellation of authority
Division 4--Integrity testing operations: disclosure of information
- 15JQ Integrity testing operations--disclosure
- 15JR Integrity testing operations--disclosure endangering safety etc.
Division 5--Integrity testing operations: reporting
- 15JS Integrity testing operations--annual reports
Division 6--Integrity testing operations: evidence
- 15JT Evidence of integrity testing authorities
PART IAC--ASSUMED--IDENTITIES
Division 1--Preliminary
Division 2--Authority for Assumed Identity
Division 3--Evidence of Assumed Identity
- 15KI Request for evidence of assumed identity
- 15KJ Government issuing agencies to comply with request
- 15KK Non - government issuing agencies may comply with request
- 15KL Cancellation of evidence of assumed identity
- 15KM Return of evidence of assumed identity
- 15KN Protection from criminal liability--officers of issuing agencies
- 15KO Indemnity for issuing agencies and officers
Division 4--Effect of Authority
- 15KP Assumed identity may be acquired and used
- 15KQ Protection from criminal liability--authorised persons
- 15KR Protection from criminal liability--third parties
- 15KS Indemnity for authorised persons
- 15KT Particular qualifications
- 15KU Effect of being unaware of variation or cancellation of authority
- 15KV Transfer of control of authorities
- 15KW Consequences of transfer of control of authorities
Division 5--Mutual Recognition under Corresponding Laws
- 15KX Requests to a participating jurisdiction for evidence of assumed identity
- 15KY Requests from a participating jurisdiction for evidence of assumed identity
- 15KZ Directions from a participating jurisdiction to cancel evidence of assumed identity
- 15L Indemnity for issuing agencies and officers
- 15LA Application of this Part to authorities under corresponding laws
Division 6--Compliance and Monitoring
Subdivision A--Misuse of Assumed Identity and Information
- 15LB Misuse of assumed identity
- 15LC Disclosing information about assumed identity
Subdivision B--Reporting and record-keeping
- 15LD Reports about authorities for assumed identities etc.--law enforcement agencies
- 15LE Reports about authorities for assumed identities etc.--intelligence agencies
- 15LF Record keeping
- 15LG Audit of records
Division 7--General
PART IACA--WITNESS--IDENTITY PROTECTION FOR OPERATIVES
Division 1--Preliminary
Division 2--Witness Identity Protection Certificates for Operatives
- 15MD Application of Part
- 15ME Witness identity protection certificate
- 15MF Statutory declaration by operative
- 15MG Form of witness identity protection certificate
- 15MH Filing and notification
- 15MI Leave for non - compliance
- 15MJ Effect of witness identity protection certificate
- 15MK Orders to protect operative's identity etc.
- 15ML Disclosure of operative's identity to presiding officer
- 15MM Disclosure of operative's identity etc. despite certificate
- 15MN Application for leave--joinder as respondent
- 15MO Directions to jury
- 15MP Appeals and adjournments
- 15MQ Witness identity protection certificate--cancellation
- 15MR Permission to give information disclosing operative's identity etc.
- 15MS Disclosure offences
- 15MT Evidentiary certificates
- 15MU Reports about witness identity protection certificates
Division 3--Mutual Recognition under Corresponding Laws
- 15MW Recognition of witness identity protection certificates under corresponding laws
Division 4--General
PART IAD--PROTECTING--VULNERABLE PERSONS
Division 1--Introduction
Division 2--Admissibility of evidence
- 15YB Evidence of sexual reputation
- 15YC Evidence of sexual experience
- 15YD Leave under this Division
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 vulnerable persons
- 15YH Represented defendants--cross - examination of vulnerable persons
- 15YHA Committal proceedings--cross - examination of vulnerable persons
Division 4--Special facilities for vulnerable persons 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
Division 5--Use of video recordings
- 15YM Use of video recordings
- 15YN Admissibility of evidence given using video recordings
Division 5A--Special rules for later trials
- 15YNA When this Division applies
- 15YNB Original evidence admissible in new proceeding
- 15YNC Vulnerable person not to be made to give further evidence
- 15YND Defendants' access to video recordings
- 15YNE Warnings etc. not to be given about vulnerable persons' evidence
- 15YNF Division applies despite other rules of evidence
Division 6--Miscellaneous
- 15YO Adults accompanying vulnerable persons
- 15YP Excluding people from the courtroom
- 15YQ Warnings etc. not to be given about vulnerable persons evidence
- 15YR Publication identifying child witnesses, child complainants or vulnerable adult complainants
- 15YS General powers of a court
- 15YT Other video link evidence provisions are unaffected
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
PART IB--SENTENCING--, IMPRISONMENT AND RELEASE OF FEDERAL OFFENDERS
Division 1--Interpretation
- 16 Interpretation
- 16AAAA Victim impact statements
Division 2--General sentencing principles
- 16A Matters to which court to have regard when passing sentence etc.--federal offences
- 16AA Matters to which court to have regard when passing sentence etc.--Northern Territory offences
- 16AAA Minimum penalties for certain offences
- 16AAB Second or subsequent offence
- 16AAC Exclusions and reductions--minimum penalties
- 16AB Matters relating to victim impact statements
- 16AC Reduction for cooperation with law enforcement agencies
- 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
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
Division 4--The fixing of non-parole periods and the making of recognizance release orders
- 19AB When court must fix non - parole period
- 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 sentence
- 19AG Non - parole periods for sentences for certain offences
- 19AH Failure to fix non - parole period or make recognizance release order
- 19AHA Rectification of errors etc. in sentences, non - parole periods and recognizance release orders
- 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
Division 5--Conditional release on parole or licence
Subdivision A--Release on parole or licence
- 19AKA Purposes of parole
- 19AL Release on parole--making of parole order
- 19ALA Matters that may be considered in decisions about parole orders
- 19ALB Decisions about parole orders--terrorism and control orders
- 19AM Release on parole--when is a person released
- 19AMA Release on parole--parole period
- 19AN Parole order is subject to conditions
- 19AP Release on licence
- 19APA Amendment of parole orders and licences
- 19APB Effect of parole order and licence on sentence
Subdivision B--Revocation of parole order or license
- 19AQ Parole order or licence revoked following further offence
- 19AR Fixing of non - parole period etc. where parole or licence taken to be revoked under section 19AQ
- 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?
Subdivision C--State and Territory laws providing for leave of absence, pre-release etc.
- 19AZD State and Territory laws providing for leave of absence, pre - release etc. to apply to federal offenders
Subdivision D--Discharge without conviction, conditional release and sentencing alternatives
- 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)
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
- 20BI Appeals against some Victorian jury findings of unfitness to be tried
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
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
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
Division 9A--Sharing information relevant to federal offenders
- 20BZ Definitions
- 20BZA Authorised officers may request or require information relevant to federal offenders
- 20BZB Authorised officers may disclose federal offender information
- 20BZC Delegation
Division 10--Miscellaneous
- 20C Offences by children and young persons
- 21B Reparation for offences
- 21D Prerogative of mercy and other Commonwealth laws unaffected
- 21F Prescribed authorities and parole officers
- 22 Conditions etc. that a court may impose on certain offenders
- 22A State orders relating to Australian travel documents
PART IC--INVESTIGATION--OF COMMONWEALTH OFFENCES
Division 1--Introduction
- 23 Outline of this Part
- 23A Application of Part
- 23AA How this Part applies to the Antarctic Territories
- 23B Definitions
Division 2--Powers of detention
Subdivision A--Non-terrorism offences
- 23C Period of investigation if arrested for a non - terrorism offence
- 23D Application may be made for extension of investigation period
- 23DA Magistrate may extend investigation period
Subdivision B--Terrorism offences
- 23DB Period of investigation if arrested for a terrorism offence
- 23DC Time during which suspension or delay of questioning may be disregarded--application
- 23DD Time during which suspension or delay of questioning may be disregarded--time specified by magistrate
- 23DE Application may be made for extension of investigation period
- 23DF Magistrate may extend investigation period
Subdivision C--Miscellaneous
- 23E Evidentiary provisions if application made by electronic means
- 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
- 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
PART ID--FORENSIC--PROCEDURES
Division 1--Explanation of expressions used
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
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
Division 4--Non-intimate forensic procedures on suspect by order of senior police officer
- 23WM Non - intimate forensic procedure may be carried out by order of senior police officer
- 23WN Circumstances in which senior police officer may order non - intimate forensic procedures
- 23WO Matters to be considered by senior police officer before ordering forensic procedure
- 23WP Record of senior police officer's order
Division 5--Forensic procedures on suspect by order of a magistrate
Subdivision A--General
- 23WQ Forensic procedure may be carried out by order of magistrate
- 23WR Circumstances in which magistrate may order forensic procedure
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
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
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
Subdivision E--Reports of proceedings under Division
- 23XH Restrictions on publication
Division 6--Carrying out forensic procedures on suspects
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
Subdivision B--Persons involved in forensic procedures
- 23XM Persons who may carry out forensic procedures
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
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
Subdivision E--Recording of forensic procedure
- 23XT Recording of forensic procedure
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
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
- 23XWNA Circumstances in which judge or magistrate may order forensic procedure
- 23XWO Judge or magistrate order for carrying out forensic procedure on offender
- 23XWOA Securing the presence of offender at hearing--offender in custody
- 23XWOB Securing the presence of offender at hearing--offender not in custody
- 23XWP Carrying out forensic procedure following conviction
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
Division 7--Admissibility of evidence
Subdivision A--Forensic evidence
- 23XX Inadmissibility of evidence from improper forensic procedures etc.
- 23XY Inadmissibility of evidence where forensic material required to be destroyed
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
Subdivision C--Application
- 23YBA Division does not apply to a proceeding in a foreign country or an international tribunal
Division 8--Destruction of forensic material
- 23YBB Application
- 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
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
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
- 23YKA Application of sections 23YI to 23YK
- 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
- 23YPA Analysis of forensic material
- 23YQ Commissioner may delegate functions and powers
Division 9A--Carrying out forensic procedures at the request of a foreign country or international tribunal
Subdivision A--Requests by foreign countries or international tribunals
Division 10--Operation of this Part and effect on other laws
- 23YQE Part does not apply to persons under 10
- 23YR Relationship with Part IAA
- 23YS Relationship with Part IC
- 23YU Application of other laws
Division 11--Interjurisdictional enforcement
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
Division 11B--Concurrent operation of State and Territory laws
- 23YUL Concurrent operation of State and Territory laws
PART IE--FORFEITURE--OF CHILD ABUSE MATERIAL
Division 1--Things this Part applies to
Division 2--Forfeiture by operation of law after notice is given
- 23ZB Forfeiture of material by operation of law
- 23ZC Providing copies of innocuous parts of material to be forfeited
Division 3--Forfeiture by court order on application
- 23ZD Forfeiture of material by court order on application
Division 4--Provisions relating to forfeiture under this Part generally
- 23ZE Effect of forfeiture under this Part
- 23ZF Compensation for forfeiture of electronic equipment etc.
- 23ZG Delegation by head of police force
PART IIA--PROTECTION--OF PUBLIC AND OTHER SERVICES
- 30J Industrial disturbances, lock - outs and strikes
- 30K Obstructing or hindering the performance of services
PART III--OFFENCES--RELATING TO THE ADMINISTRATION OF JUSTICE
Division 1--Preliminary
Division 2--Judges and magistrates
- 34 Judge or magistrate acting oppressively or when interested
Division 3--Evidence and witnesses
- 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
Division 4--Perverting the course of justice
- 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
Division 5--Escape from criminal detention
- 45A Criminal detention definitions
- 46 Aiding prisoner to escape
- 46A Aiding prisoner to escape--conveying thing into prison etc.
- 47 Escaping
- 47A Rescuing a prisoner from criminal detention
- 47B Person unlawfully at large
- 47C Permitting escape
- 48 Harbouring etc. an escapee
- 48A Sentence ceases to run while escaped prisoner at large
Division 6--Seized property
- 49 Removing property under seizure
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
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 controlled drugs or controlled plants 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.
PART VIIC--PARDONS--, QUASHED CONVICTIONS AND SPENT CONVICTIONS
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
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
Division 3--Spent convictions
- 85ZV Spent convictions
- 85ZW Effect of right of non - disclosure
Division 4--Convictions of further offences
- 85ZX Convictions of further Commonwealth or Territory offences
- 85ZY Convictions of further State or foreign offences
Division 5--Complaints to Information Commissioner
- 85ZZ Information Commissioner's functions
- 85ZZA Complaints to the Information Commissioner
- 85ZZB Identity of respondent to complaint
- 85ZZC Investigation of complaints
- 85ZZD Determinations of Information Commissioner
- 85ZZE Payment of compensation or expenses
- 85ZZF Enforcement of determination or recommendation
- 85ZZG Application of Privacy Act
Division 6--Exclusions
Subdivision A--Exclusions relating to work with children (Divisions 2 and 3)
- 85ZZGA Object of Subdivision
- 85ZZGB Exclusion: disclosing information to a person or body
- 85ZZGC Exclusion: person or body taking information into account
- 85ZZGD Exclusion: person or body disclosing information
- 85ZZGE Prescribed persons and bodies
- 85ZZGF Definitions
- 85ZZGG Reviews of operation of this Subdivision
Subdivision AA--Exclusions relating to work with persons with disability (Divisions 2 and 3)
- 85ZZGH Object of Subdivision
- 85ZZGI Exclusion: disclosing information to a person or body
- 85ZZGJ Exclusion: person or body taking information into account
- 85ZZGK Exclusion: person or body disclosing information
- 85ZZGL Prescribed persons and bodies
- 85ZZGM Definitions
- 85ZZGN Reviews of operation of this Subdivision
Subdivision B--Exclusions (Division 3)
- 85ZZH Exclusions
- 85ZZJ Further exclusions--law enforcement agencies
- 85ZZJA Further exclusions--Australian Security Intelligence Organisation
Subdivision C--Other matters
- 85ZZK Fair reporting: pardons and quashed convictions
- 85ZZL Criminal proceedings before the Federal Court of Australia
PART VIID--COLLECTING--, USING AND DISCLOSING PERSONAL INFORMATION THAT MAY BE RELEVANT FOR INTEGRITY PURPOSES
- 86B Simplified outline of this Part
- 86C Target entity may collect sensitive information for integrity purpose
- 86D Target entity may use personal information for integrity purpose
- 86E Disclosure of personal information to target entity for integrity purpose
- 86F This Part does not limit other laws
- 86G Guidelines on the operation of this Part
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
