Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]


CRIMES ACT 1914

TABLE OF PROVISIONS

Long Title

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

PART IAA--SEARCH, INFORMATION GATHERING, ARREST AND RELATED POWERS

Division 1--Preliminary

3C. Interpretation

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

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

Division 3--Stopping and searching conveyances

3T. Searches without warrant in emergency situations

3U. How a constable exercises a power under section 3T

Division 3A--Powers to stop, question and search persons in relation to terrorist acts

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

3UF. How seized things must be dealt with

3UG. Application to magistrate

3UH. Relationship of Subdivision to other laws

Subdivision C--Prescribed security zones

3UI. Applications for declarations

3UJ. Minister may make declarations

Subdivision D--Sunset provision

3UK. Sunset provision

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

Division 4A--Determining a person’s age

Subdivision A--Preliminary

3ZQA. Definitions

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

Subdivision C--Determination of age during proceedings

3ZQF. Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative

Subdivision D--Communication of orders by judges or magistrates

3ZQG. Orders made by judges or magistrates concerning carrying out of a prescribed procedure

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

Subdivision F--Disclosure and destruction of age determination information

3ZQJ. Disclosure of age determination information

3ZQK. Destruction of age determination information

Division 4B--Power to obtain information and documents

Subdivision A--Definitions

3ZQL. Definitions

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 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

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

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

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

PART IAB--CONTROLLED OPERATIONS FOR OBTAINING EVIDENCE ABOUT COMMONWEALTH OFFENCES

Division 1--Objects of Part

15G. Objects of Part

15GA. Concurrent operation of State and Territory laws

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

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

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

PART IAC--ASSUMED IDENTITIES

Division 1--Definitions etc

15XA. Definitions etc.

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

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

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.

Division 5--Offences relating to assumed identities

15XR. Misuse of assumed identities

15XS. Disclosing information relating to assumed identities

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

PART IAD--PROTECTION OF CHILDREN IN PROCEEDINGS FOR SEXUAL OFFENCES

Division 1--Introduction

15Y. Proceedings to which this Part applies

15YA. Definitions

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 child witnesses

15YH. Represented defendants—cross-examination of child witnesses and child complainants

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

Division 5--Use of video recordings

15YM. Use of video recordings

15YN. Admissibility of evidence given using video recordings

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

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

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

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

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

Division 5--Conditional release on parole or licence

19AL. Release on parole