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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