Act No. 12 of 1995 as amended
This compilation was prepared on 7 June 2010 taking into account amendments up to Act No. 50 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 The Criminal Code............................................................................1 3A External Territories............................................................................1 3B Offshore installations.........................................................................1 4 Definitions.........................................................................................1 5 Regulations........................................................................................2 Schedule—The Criminal Code 3 Chapter 1—Codification 3 Division 1 3
1.1 Codification.......................................................................................3 Chapter 2—General principles of criminal responsibility 4 Part 2.1—Purpose and application 4 Division 2 4
2.1 Purpose..............................................................................................4
2.2 Application........................................................................................4
2.3 Application of provisions relating to intoxication .............................4
Part 2.2—The elements of an offence 5 Division 3—General 5
3.1 Elements............................................................................................5
3.2 Establishing guilt in respect ofoffences............................................5 Division 4—Physical elements 6
4.1 Physicalelements..............................................................................6
4.2 Voluntariness.....................................................................................6
4.3 Omissions..........................................................................................7 Division 5—Fault elements 8
5.1 Fault elements....................................................................................8
5.2 Intention ............................................................................................8
5.3 Knowledge ........................................................................................8
5.4 Recklessness......................................................................................8
5.5 Negligence.........................................................................................9
5.6 Offences that do not specify fault elements.......................................9 Division 6—Cases where fault elements are not required 10
6.1 Strict liability...................................................................................10
6.2 Absolute liability.............................................................................10
Part 2.3—Circumstances in which there is no criminal responsibility 11
Division 7—Circumstances involving lack of capacity 11
7.1 Children under 10............................................................................11
7.2 Children over 10 but under 14.........................................................11
7.3 Mental impairment..........................................................................11
Division 8—Intoxication 13
8.1 Definition—self-induced intoxication.............................................13
8.2 Intoxication (offences involving basic intent) .................................13
8.3 Intoxication (negligence as fault element).......................................14
8.4 Intoxication (relevance to defences)................................................14
8.5 Involuntary intoxication ..................................................................15
Division 9—Circumstances involving mistake or ignorance 16
9.1 Mistake or ignorance of fact (fault elements other than negligence) ......................................................................................16
9.2 Mistake of fact (strict liability)........................................................16
9.3 Mistake or ignorance of statute law.................................................17
9.4 Mistake or ignorance of subordinate legislation..............................17
9.5 Claim of right ..................................................................................18
Division 10—Circumstances involving external factors 19
10.1 Intervening conduct or event...........................................................19
10.2 Duress..............................................................................................19
10.3 Sudden or extraordinary emergency................................................19
10.4 Self-defence.....................................................................................20
10.5 Lawful authority..............................................................................21
Part 2.4—Extensions of criminal responsibility 22
Division 11 22
11.1 Attempt............................................................................................22
11.2 Complicity and common purpose....................................................23 11.2A Joint commission.............................................................................24
11.3 Commission by proxy......................................................................26
11.4 Incitement........................................................................................26
11.5 Conspiracy.......................................................................................27
11.6 References in Acts to offences ........................................................29
Part 2.5—Corporate criminal responsibility 30
Division 12 30
12.1 General principles............................................................................30
12.2 Physicalelements............................................................................30
12.3 Fault elements other than negligence...............................................30
12.4 Negligence.......................................................................................32
Criminal Code Act 1995
12.5 Mistake of fact (strict liability)........................................................32
12.6 Intervening conduct or event...........................................................33
Part 2.6—Proof of criminal responsibility 34
Division 13 34
13.1 Legal burden of proof—prosecution................................................34
13.2 Standard of proof—prosecution ......................................................34
13.3 Evidential burden of proof—defence ..............................................34
13.4 Legal burden of proof—defence......................................................35
13.5 Standard of proof—defence.............................................................35
13.6 Use of averments.............................................................................35
Part 2.7—Geographical jurisdiction 36
Division 14—Standard geographical jurisdiction 36
14.1 Standard geographical jurisdiction..................................................36
Division 15—Extended geographical jurisdiction 39
15.1 Extended geographical jurisdiction—category A............................39
15.2 Extended geographical jurisdiction—category B............................41
15.3 Extended geographical jurisdiction—category C............................44
15.4 Extended geographical jurisdiction—category D............................46
Division 16—Miscellaneous 47
16.1 Attorney-General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances ..................................................................................47
16.2 When conduct taken to occur partly in Australia.............................47
16.3 Meaning of Australia.......................................................................48
16.4 Result of conduct.............................................................................48
Chapter 4—The integrity and security of the international community and foreign governments 49
Division 70—Bribery of foreign public officials 49
70.1 Definitions.......................................................................................49
70.2 Bribing a foreign public official......................................................52
70.3 Defence—conduct lawful in foreign public official’s country ........55
70.4 Defence—facilitation payments ......................................................57
70.5 Territorial and nationality requirements ..........................................59
70.6 Saving of other laws........................................................................60
Division 71—Offences against United Nations and associated personnel 61
71.1 Purpose............................................................................................61
71.2 Murder of a UNor associated person..............................................61
71.3 Manslaughter of a UN or associated person ....................................61
71.4 Intentionally causing serious harm to a UN or associated
person ..............................................................................................62
71.5 Recklessly causing serious harm to a UN or associated person ..............................................................................................62
71.6 Intentionally causing harm to a UN or associated person................63
71.7 Recklessly causing harm to a UN or associated person...................63
71.8 Unlawful sexual penetration............................................................64
71.9 Kidnapping a UN or associated person............................................65
71.10 Unlawful detention of UN or associated person..............................66
71.11 Intentionally causing damage to UN or associated person’s property etc......................................................................................66
71.12 Threatening to commit other offences.............................................67
71.13 Aggravated offences........................................................................67
71.14 Defence—activities involving serious harm....................................68
71.15 Defence—medical or hygienic procedures......................................68
71.16 Jurisdictional requirement ...............................................................69
71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences....................................................................70
71.18 Double jeopardy..............................................................................70
71.19 Saving of other laws........................................................................71
71.20 Bringing proceedings under this Division .......................................71
71.21 Ministerial certificates relating to proceedings................................71
71.22 Jurisdiction of State courts preserved..............................................72
71.23 Definitions.......................................................................................72
Subdivision A—International terrorist activities using explosive or lethal devices 74
72.1 Purpose............................................................................................74
72.2 ADF members not liable for prosecution.........................................74
72.3 Offences ..........................................................................................74
72.4 Jurisdictional requirement ...............................................................75
72.5 Saving of other laws........................................................................76
72.6 Double jeopardy and foreign offences.............................................76
72.7 Bringing proceedings under this Subdivision..................................77
72.8 Ministerial certificates relating to proceedings................................77
72.9 Jurisdiction of State courts preserved..............................................78
72.10 Definitions.......................................................................................78
72.11 Purpose............................................................................................78
72.12 Trafficking in unmarked plastic explosives etc. ..............................78
72.13 Importing or exporting unmarked plastic explosives etc.................79
72.14 Manufacturing unmarked plastic explosives etc..............................79
72.15 Possessing unmarked plastic explosives etc....................................80
Criminal Code Act 1995
72.16 Defences..........................................................................................80
72.17 Packagingrequirements for plastic explosives................................81
72.18 Authorisation for research etc..........................................................82
72.19 Authorisation for defence and police purposes—15 year limit .................................................................................................83
72.20 Authorisation for existing stocks—3 year limit...............................84
72.21 Authorisation of manufacturers—6 month transitional period ........85
72.22 Authorisation for overseas defence purposes—7 day limit..............86
72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit......................................................................87
72.24 Forfeitedplastic explosives.............................................................87
72.25 Surrendered plastic explosives ........................................................88
72.26 Destruction of plastic explosives obtained overseas for defence purposes .............................................................................89
72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes..................................................89
72.28 Delegation by Minister....................................................................89
72.29 Delegation by Minister for Defence ................................................89
72.30 Review by Administrative Appeals Tribunal of authorisation decisions..........................................................................................90
72.31 Geographical jurisdiction ................................................................90
72.32 Saving of other laws........................................................................91
72.33 Marking requirements .....................................................................91
72.34 Detection agents and minimum manufacture concentrations...........91
72.35 Presumption as to concentration of detection agent.........................92
72.36 Definitions.......................................................................................93
Subdivision A—People smuggling offences 96
73.1 Offence of people smuggling...........................................................96
73.2 Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.)...............................................96
73.3 Aggravated offence of people smuggling (at least 5 people)...........97 73.3A Supporting the offence of people smuggling...................................98
73.4 Jurisdictional requirement ...............................................................99
73.5 Attorney-General’s consent required...............................................99
Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries 99
73.6 Meaning of travel or identity document ..........................................99
73.7 Meaning of false travel or identity document ................................100
73.8 Making, providing or possessing a false travel or identity document .......................................................................................101
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats................................101
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user.................................102
73.11 Taking possession of or destroying another person’s travel or identity document..........................................................................103
73.12 Jurisdictional requirement .............................................................103
Chapter 5—The security of the Commonwealth 104
Part 5.1—Treason and sedition 104
Division 80—Treason and sedition 104 80.1A Definition of organisation .............................................................104
80.1 Treason..........................................................................................104
80.2 Sedition..........................................................................................106
80.3 Defence for acts done in good faith...............................................108
80.4 Extended geographical jurisdiction for offences ...........................110
80.5 Attorney-General’s consent required.............................................110
80.6 Division not intended to exclude Stateor Territory law................110
Part 5.2—Offences relating to espionage and similar activities 111
Division 90—Preliminary 111
90.1 Definitions.....................................................................................111
91.1 Espionage and similar activities ....................................................113
91.2 Defence—information lawfully available......................................115
Division 93—Prosecutions and hearings 116
93.1 Institution of prosecution...............................................................116
93.2 Hearing in camera etc....................................................................116
Division 94—Forfeiture 118
94.1 Forfeiture of articles etc.................................................................118
Part 5.3—Terrorism 119
100.1 Definitions.....................................................................................119
100.2 Referring States.............................................................................123
100.3 Constitutional basis for the operation of this Part..........................124
100.4 Application of provisions ..............................................................125
100.5 Application of Acts Interpretation Act 1901..................................128
100.6 Concurrent operation intended ......................................................128
100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws............129
100.8 Approval for changes toor affecting this Part...............................129
Division 101—Terrorism 131
101.1 Terrorist acts..................................................................................131
101.2 Providing or receiving training connected with terrorist acts........131
101.4 Possessing things connected with terrorist acts .............................132
101.5 Collecting or making documents likely to facilitate terrorist acts.................................................................................................133
101.6 Other acts done in preparation for, or planning, terrorist acts........134
Division 102—Terrorist organisations 136
Subdivision A—Definitions 136
102.1 Definitions.....................................................................................136
102.1A Reviews by Parliamentary Joint Committee on ASIO, ASIS and DSD........................................................................................139
102.2 Directing the activities of a terrorist organisation..........................141
102.3 Membership of a terrorist organisation..........................................141
102.4 Recruiting for a terrorist organisation............................................142
102.5 Training a terrorist organisation or receiving training from a terrorist organisation......................................................................142
102.6 Getting funds to, from or for a terrorist organisation.....................143
102.7 Providing support to a terrorist organisation .................................144
102.8 Associating with terrorist organisations.........................................144
102.9 Extended geographical jurisdiction for offences ...........................147
102.10 Alternative verdicts .......................................................................147
103.1 Financing terrorism .......................................................................148
103.2 Financing a terrorist.......................................................................148
103.3 Extended geographical jurisdiction for offences ...........................149
104.1 Object of this Division...................................................................150
Subdivision B—Making an interim control order 150
104.2 Attorney-General’s consent to request an interim control order ..............................................................................................150
104.3 Requesting the court to make an interim control order..................152
104.4 Making an interim control order....................................................152
104.5 Terms of an interim control order..................................................153
104.6 Requesting an urgent interim control order by electronic means.............................................................................................155
104.7 Making an urgent interimcontrol order byelectronic means........156
104.8 Requesting an urgent interim control order in person....................157
104.9 Making an urgent interimcontrol orderin person.........................158
104.10 Obtaining the Attorney-General’s consent within 4 hours.............158
104.11 Court to assume that exercise of power not authorised by urgent interim control order...........................................................159
Subdivision D—Confirming an interim control order 160
104.12 Service, explanation and notification of an interim control
order ..............................................................................................160 104.12A Election to confirm control order ..................................................161
104.13 Lawyer mayrequest a copyof an interim control order................162
104.14 Confirming an interim control order..............................................162
104.15 When a declaration, or a revocation, variation or confirmation of a control order, is in force....................................164
104.16 Terms of a confirmed control order...............................................164
104.17 Service of a declaration, or a revocation, variation or confirmation of a control order......................................................165
104.18 Application by the person for a revocation or variation of a control order..................................................................................165
104.19 Application by the AFP Commissioner for a revocation or variation of a control order............................................................166
104.20 Revocation or variation of a control order.....................................167
104.21 Lawyer may request a copy of a control order...............................168
104.22 Treatment of photographs and impressions of fingerprints ...........168
Subdivision F—Adding obligations, prohibitions or restrictions to a control order 169
104.23 Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions.........................................169
104.24 Varying a control order..................................................................171
104.25 Terms of a varied control order.....................................................171
104.26 Service and explanation of a varied control order .........................172
Subdivision G—Contravening a control order 172
104.27 Offence for contravening a control order.......................................172
Subdivision H—Miscellaneous 173
104.28 Special rules for young people ......................................................173 104.28A Interlocutory proceedings..............................................................173
104.29 Reportingrequirements.................................................................173
104.30 Requirement to notify Attorney-General of declarations, revocations or variations................................................................174
104.31 Queensland public interest monitor functions and powers not affected..........................................................................................175
104.32 Sunset provision............................................................................175
105.1 Object............................................................................................176
Criminal Code Act 1995
105.2 Issuing authorities for continued preventative detention orders.............................................................................................176
105.3 Police officer detaining person under a preventative detention order...............................................................................177
105.4 Basis for applying for, and making, preventative detention orders.............................................................................................177
105.5 No preventative detention order in relation to person under 16 years of age...............................................................................178
105.5A Special assistance for person with inadequate knowledge of English language or disability .......................................................179
105.6 Restrictions on multiple preventative detention orders..................180
105.7 Application for initial preventative detention order.......................181
105.8 Senior AFP member may make initial preventative detention order ..............................................................................................183
105.9 Duration of initial preventative detention order.............................185
105.10 Extension of initial preventative detention order...........................186
105.10A Notice of application for continued preventative detention order ..............................................................................................187
105.11 Application for continued preventative detention order ................187
105.12 Judge, Federal Magistrate, AAT member or retired judge may make continued preventative detention order ........................189
105.13 Duration of continued preventative detention order ......................190
105.14 Extension of continued preventative detention order.....................191 105.14A Basis for applying for, and making, prohibited contact order........192
105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)................................193
105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force) ...........................194
105.17 Revocation of preventative detention order or prohibited contact order..................................................................................194
105.18 Status of person making continued preventative detention order ..............................................................................................196
105.19 Power to detain person under preventative detention order...........197
105.20 Endorsement of order with date and time person taken into custody ..........................................................................................199
105.21 Requirementtoprovide name etc..................................................199
105.22 Power to enter premises.................................................................200
105.23 Power to conduct a frisk search.....................................................201
105.24 Power to conduct an ordinary search.............................................201
105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979.................................202
105.26 Release of person from preventative detention..............................202
105.27 Arrangement for detainee to be held in State or Territory
prison or remand centre.................................................................204
Subdivision D—Informing person detained about preventative detention order 205
105.28 Effect of initial preventative detention order to be explained to person detained..........................................................................205
105.29 Effect of continued preventative detention order to be explained to person detained .........................................................207
105.30 Person being detained to be informed of extension of preventative detention order..........................................................208
105.31 Compliance with obligations to inform.........................................209
105.32 Copy of preventative detention order ............................................209
Subdivision E—Treatment of person detained 211
105.33 Humane treatment of person being detained..................................211 105.33A Detention of persons under 18.......................................................211
105.34 Restriction on contact with other people .......................................212
105.35 Contacting family members etc.....................................................212
105.36 Contacting Ombudsman etc...........................................................213
105.37 Contacting lawyer..........................................................................214
105.38 Monitoring contactundersection 105.35or 105.37......................216
105.39 Special contact rules for person under 18 or incapable of managing own affairs....................................................................217
105.40 Entitlement to contact subject to prohibited contact order.............219
105.41 Disclosure offences .......................................................................219
105.42 Questioning of person prohibitedwhile person is detained...........224
105.43 Taking fingerprints, recordings, samples of handwriting or photographs ...................................................................................226
105.44 Use of identification material........................................................228
105.45 Offences of contravening safeguards.............................................229
Subdivision F—Miscellaneous 229
105.46 Nature of functions of Federal Magistrate.....................................229
105.47 Annual report.................................................................................229
105.48 Certain functions and powers not affected.....................................230
105.49 Queensland public interest monitor functions and powers not affected..........................................................................................231
105.50 Law relating to legal professional privilege not affected...............231
105.51 Legal proceedings in relation to preventative detention orders.............................................................................................231
105.52 Review by State and Territory courts............................................232
105.53 Sunset provision............................................................................234
Division 106—Transitional provisions 235
106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation................235
Criminal Code Act 1995
106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation......................................235
106.3 Application provision....................................................................236
Part 5.4—Harming Australians 237
Division 115—Harming Australians 237
115.1 Murder of an Australian citizen or a resident of Australia.............237
115.2 Manslaughter of an Australian citizen or a resident of Australia ........................................................................................237
115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia....................................................................238
115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia ......................................................................238
115.5 Saving of other laws......................................................................238
115.6 Bringing proceedings under this Division .....................................238
115.7 Ministerial certificates relating to proceedings..............................239
115.8 Geographical jurisdiction ..............................................................239
115.9 Meaning of causes death or harm..................................................239
Chapter 7—The proper administration of Government 240
Part 7.1—Preliminary 240
Division 130—Preliminary 240
130.1 Definitions.....................................................................................240
130.2 When property belongs to a person ...............................................241
130.3 Dishonesty.....................................................................................242
130.4 Determination of dishonesty to be a matter for the trier of fact.................................................................................................242
Part 7.2—Theft and other property offences 243
Division 131—Theft 243
131.1 Theft..............................................................................................243
131.2 Special rules about the meaning of dishonesty..............................243
131.3 Appropriation of property..............................................................244
131.4 Theftof land or things forming part of land..................................244
131.5 Trust property................................................................................244
131.6 Obligation to deal with property in a particular way .....................245
131.7 Property obtained because of fundamental mistake.......................245
131.8 Property of a corporation sole........................................................246
131.9 Property belonging to 2 or more persons.......................................246
131.10 Intention of permanently depriving a person of property ..............246
131.11 General deficiency.........................................................................247
Division 132—Other property offences 248
132.1 Receiving.......................................................................................248
132.2 Robbery.........................................................................................251
132.3 Aggravated robbery.......................................................................252
132.4 Burglary.........................................................................................253
132.5 Aggravated burglary......................................................................255
132.6 Making off without payment.........................................................256
132.7 Going equipped for theft or a property offence .............................256
132.8 Dishonest taking or retention ofproperty......................................258
132.9 Geographical jurisdiction ..............................................................259
Part 7.3—Fraudulent conduct 260
133.1 Definitions.....................................................................................260
Division 134—Obtaining property or a financial advantage by deception 261
134.1 Obtaining property by deception...................................................261
134.2 Obtaining a financial advantage bydeception...............................264
134.3 Geographical jurisdiction ..............................................................264
Division 135—Other offences involving fraudulent conduct 265
135.1 General dishonesty ........................................................................265
135.2 Obtainingfinancial advantage.......................................................266
135.4 Conspiracy to defraud....................................................................267
135.5 Geographical jurisdiction ..............................................................269
Part 7.4—False or misleading statements 270
Division 136—False or misleading statements in applications 270
136.1 False or misleading statements in applications..............................270
Division 137—False or misleading information or documents 273
137.1 False or misleading information....................................................273
137.2 False or misleading documents......................................................274
137.3 Geographical jurisdiction ..............................................................275
Part 7.5—Unwarranted demands 276
138.1 Unwarranted demand with menaces..............................................276
138.2 Menaces.........................................................................................276
139.1 Unwarranted demands of a Commonwealth public official...........278
139.2 Unwarranted demands made by a Commonwealth public official ...........................................................................................278
139.3 Geographical jurisdiction ..............................................................279
Criminal Code Act 1995
Part 7.6—Bribery and related offences 280
Division 140—Preliminary 280
140.1 Definition ......................................................................................280
140.2 Obtaining.......................................................................................280
Division 141—Bribery 281
141.1 Bribery of a Commonwealth public official..................................281
Division 142—Offences relating to bribery 284
142.1 Corrupting benefits given to, or received by, a Commonwealth public official......................................................284
142.2 Abuse of public office...................................................................285
142.3 Geographical jurisdiction ..............................................................286
Part 7.7—Forgery and related offences 287
Division 143—Preliminary 287
143.1 Definitions.....................................................................................287
143.2 False documents............................................................................288
143.3 False Commonwealth documents..................................................289
143.4 Inducing acceptance of false documents........................................290
Division 144—Forgery 291
144.1 Forgery..........................................................................................291
Division 145—Offences relating to forgery 293
145.1 Using forged document .................................................................293
145.2 Possession of forged document .....................................................294
145.3 Possession, making or adaptation of devices etc. for making forgeries.........................................................................................296
145.4 Falsification of documents etc.......................................................297
145.5 Giving information derived from false or misleading documents......................................................................................298
145.6 Geographical jurisdiction ..............................................................299
Part 7.8—Causing harm to, and impersonation and obstruction of, Commonwealth public officials 300
Division 146—Preliminary 300
146.1 Definitions.....................................................................................300
146.2 Causing harm.................................................................................301
Division 147—Causing harm to Commonwealth public officials 302
147.1 Causing harm to a Commonwealth public official etc...................302
147.2 Threatening to cause harm to a Commonwealth public official etc......................................................................................304
147.3 Geographical jurisdiction ..............................................................306
Division 148—Impersonation of Commonwealth public officials 307
| 148.1 | Impersonation of an official by a non-official ...............................307 |
| 148.2 | Impersonation of an official by another official ............................308 |
| 148.3 | Geographical jurisdiction ..............................................................309 |
149.1 Obstruction of Commonwealth public officials.............................310
Part 7.20—Miscellaneous 312
261.1 Saving of other laws......................................................................312
261.2 Contempt of court..........................................................................312
261.3 Ancillary offences .........................................................................312
Chapter 8—Offences against humanity and related offences 313
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court 313
268.1 Purpose of Division.......................................................................313
268.2 Outlineof offences........................................................................313
268.3 Genocideby killing.......................................................................314
268.4 Genocide bycausing serious bodily or mental harm.....................314
268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction...............................314
268.6 Genocide by imposing measures intended to prevent births..........315
268.7 Genocide by forcibly transferring children....................................315
Subdivision C—Crimes against humanity 316
268.8 Crime against humanity—murder .................................................316
268.9 Crime against humanity—extermination.......................................316
268.10 Crime against humanity—enslavement.........................................317
268.11 Crime against humanity—deportation or forcible transfer of population......................................................................................317
268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty.......................................................318
268.13 Crime against humanity—torture..................................................319
268.14 Crime against humanity—rape......................................................319
268.15 Crime against humanity—sexual slavery ......................................321
268.16 Crime against humanity—enforced prostitution............................321
268.17 Crime against humanity—forced pregnancy.................................323
268.18 Crime against humanity—enforced sterilisation............................323
268.19 Crime against humanity—sexual violence ....................................324
Criminal Code Act 1995
268.20 Crime against humanity—persecution...........................................325
268.21 Crime against humanity—enforced disappearance of persons ......326
268.22 Crime against humanity—apartheid..............................................327
268.23 Crime against humanity—other inhumane act...............................328
Subdivision D—War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions 328
268.24 War crime—wilful killing.............................................................328
268.25 War crime—torture .......................................................................328
268.26 War crime—inhumane treatment ..................................................329
268.27 War crime—biological experiments..............................................329
268.28 War crime—wilfullycausing great suffering................................330
268.29 War crime—destruction and appropriation of property.................331
268.30 War crime—compelling service in hostile forces..........................331
268.31 War crime—denying a fair trial.....................................................332
268.32 War crime—unlawful deportation or transfer................................332
268.33 War crime—unlawful confinement...............................................333
268.34 War crime—taking hostages..........................................................333
Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict 334
268.35 War crime—attacking civilians.....................................................334
268.36 War crime—attacking civilian objects ..........................................334
268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission.........................334
268.38 War crime—excessive incidental death, injury or damage............335
268.39 War crime—attacking undefended places.....................................336
268.40 War crime—killing or injuring a person who is hors de combat ...........................................................................................336
268.41 War crime—improper use of a flag of truce..................................337
268.42 War crime—improper use of a flag, insignia or uniform of the adverse party............................................................................337
268.43 War crime—improper use of a flag, insignia or uniform of the United Nations.........................................................................338
268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions......................................................................338
268.45 War crime—transfer of population................................................339
268.46 War crime—attacking protected objects........................................340
268.47 War crime—mutilation..................................................................340
268.48 War crime—medical or scientific experiments .............................341
268.49 War crime—treacherously killing or injuring................................342
268.50 War crime—denying quarter.........................................................343
268.51 War crime—destroying or seizing the enemy’s property ..............343
268.52 War crime—depriving nationals of the adverse power of rights or actions.............................................................................344
268.53 War crime—compelling participation in militaryoperations........344
268.54 War crime—pillaging....................................................................344
268.55 War crime—employing poison or poisoned weapons...................345
268.56 War crime—employing prohibited gases, liquids, materials or devices.......................................................................................345
268.57 War crime—employing prohibited bullets ....................................345
268.58 War crime—outrages upon personal dignity.................................346
268.59 War crime—rape...........................................................................346
268.60 War crime—sexual slavery ...........................................................348
268.61 War crime—enforced prostitution.................................................349
268.62 War crime—forced pregnancy ......................................................350
268.63 War crime—enforced sterilisation.................................................350
268.64 War crime—sexual violence..........................................................351
268.65 War crime—using protected persons as shields ............................352
268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions...........................353
268.67 War crime—starvation asa method of warfare.............................353
268.68 War crime—using, conscripting or enlisting children...................354
Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict 356
268.69 Definition of religious personnel...................................................356
268.70 War crime—murder.......................................................................356
268.71 War crime—mutilation..................................................................356
268.72 War crime—cruel treatment..........................................................358
268.73 War crime—torture .......................................................................358
268.74 War crime—outrages upon personal dignity.................................359
268.75 War crime—taking hostages..........................................................360
268.76 War crime—sentencing or execution without due process............361
Subdivision G—War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict 363
268.77 War crime—attacking civilians.....................................................363
268.78 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions...........................363
268.79 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission.........................364
268.80 War crime—attacking protected objects........................................365
268.81 War crime—pillaging....................................................................365
268.82 War crime—rape...........................................................................366
268.83 War crime—sexual slavery ...........................................................368
268.84 War crime—enforced prostitution.................................................368
268.85 War crime—forced pregnancy ......................................................370
268.86 War crime—enforced sterilisation.................................................370
268.87 War crime—sexual violence..........................................................371
268.88 War crime—using, conscripting or enlisting children...................372
268.89 War crime—displacing civilians ...................................................374
268.90 War crime—treacherously killing or injuring................................374
268.91 War crime—denying quarter.........................................................375
268.92 War crime—mutilation..................................................................375
268.93 War crime—medical or scientific experiments .............................376
268.94 War crime—destroying or seizing an adversary’s property...........377
Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions 378
268.95 War crime—medical procedure.....................................................378
268.96 War crime—removal of blood, tissue or organs for transplantation ...............................................................................378
268.97 War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians.....................................................................................379
268.98 War crime—attacking undefended places or demilitarized zones..............................................................................................380
268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians ..........................................................380
268.100 War crime—apartheid...................................................................381
268.101 War crime—attacking protected objects........................................381
Subdivision J—Crimes against the administration of the justice of the International Criminal Court 382
268.102 Perjury...........................................................................................382
268.103 Falsifying evidence........................................................................382
268.104 Destroying or concealing evidence................................................383
268.105 Deceiving witnesses ......................................................................383
268.106 Corrupting witnesses or interpreters..............................................383
268.107 Threateningwitnesses or interpreters............................................384
268.108 Preventingwitnesses or interpreters..............................................385
268.109 Preventing production of things in evidence..................................385
268.110 Reprisals against witnesses............................................................385
268.111 Reprisals against officials of the International Criminal Court..............................................................................................386
268.112 Perverting the course of justice......................................................386
268.113 Receipt of a corrupting benefit by an official of the International Criminal Court..........................................................387
268.114 Subdivision not to apply to certain conduct...................................387
Subdivision K—Miscellaneous 388
268.115 Responsibilityof commanders and othersuperiors.......................388
268.116 Defence of superior orders ............................................................389
268.117 Geographical jurisdiction ..............................................................389
268.118 Double jeopardy............................................................................389
268.119 Offences related to exercise of jurisdiction of International Criminal Court...............................................................................390
268.120 Saving of other laws......................................................................390
268.121 Bringing proceedings under this Division .....................................390
268.122 Attorney-General’s decisions in relation to consents to be final ...............................................................................................390
268.123 Legal representation ......................................................................391
268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions................................................................392
Division 270—Slavery, sexual servitude and deceptive recruiting 393
| 270.1 | Definition of slavery......................................................................393 |
| 270.2 | Slavery is unlawful........................................................................393 |
| 270.3 | Slavery offences ............................................................................393 |
| 270.4 | Definition of sexual servitude........................................................394 |
| 270.5 | Jurisdictional requirement .............................................................394 |
| 270.6 | Sexual servitude offences ..............................................................395 |
| 270.7 | Deceptive recruiting for sexual services ........................................395 |
| 270.8 | Aggravated offences......................................................................397 |
| 270.9 | Alternative verdict if aggravated offence not proven ....................397 |
| 270.12 | Other laws not excluded ................................................................398 |
| 270.13 | Double jeopardy ............................................................................398 |
| 270.14 | External Territories........................................................................398 |
Subdivision A—Definitions 399
271.1 Definitions.....................................................................................399
271.2 Offence of trafficking in persons...................................................399
271.3 Aggravated offence of trafficking in persons ................................402
271.4 Offence of trafficking in children..................................................403
271.5 Offence of domestic trafficking in persons....................................404
271.6 Aggravated offence of domestic trafficking in persons.................406
271.7 Offence of domestic trafficking in children...................................406
Subdivision C—Offences relating to debt bondage 407
271.8 Offence of debt bondage................................................................407
271.9 Offenceof aggravated debtbondage.............................................408
Subdivision D—General provisions relating to offences under this Division 408
271.10 Jurisdictional requirement for offences other than offences related to domestic trafficking in persons......................................408
271.11 Jurisdictional requirement for offences related to domestic trafficking in persons.....................................................................409
Criminal Code Act 1995
271.12 Other laws not excluded................................................................409
271.13 Double jeopardy............................................................................409
272.1 Definitions.....................................................................................410
272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity................................................410
272.3 Meaning of position of trust or authority ......................................410
272.4 Meaning of sexual intercourse ......................................................412
272.5 Meaning of offence against this Division and extension of criminal responsibility...................................................................412
272.6 Who can be prosecuted for an offence committed outside Australia ........................................................................................413
272.7 Saving of other laws......................................................................413
Subdivision B—Sexual offences against children outside Australia 414
272.8 Sexual intercourse with child outside Australia.............................414
272.9 Sexual activity (other than sexual intercourse) with child outside Australia............................................................................415
272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant....................................416
272.11 Persistent sexual abuse of child outside Australia.........................417
272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority......................................419
272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority ........................................................................................420
272.14 Procuring child to engagein sexual activityoutside Australia......422
272.15 “Grooming” child to engage in sexual activity outside Australia ........................................................................................422
272.16 Defence based on belief about age ................................................423
272.17 Defence based on valid and genuine marriage...............................424
Subdivision C—Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia 425
272.18 Benefiting fromoffenceagainst this Division...............................425
272.19 Encouraging offenceagainst thisDivision....................................426
272.20 Preparing for or planning offence against this Division ................426
Subdivision D—Video link evidence 427
272.21 When court may take evidence by video link................................427
272.22 Technical requirements for video link...........................................428
272.23 Application of laws about witnesses..............................................428
272.24 Administration of oaths and affirmations......................................428
272.25 Expenses........................................................................................429
272.26 Other laws about foreign evidence not affected.............................429
Subdivision E—Other rules about conduct of trials 429
272.27 Evidence relating to a person’s age ...............................................429
272.28 Alternative verdicts .......................................................................430
272.29 Double jeopardy............................................................................431
272.30 Sentencing.....................................................................................431
272.31 Consent to commencement of proceedings where defendant under 18.........................................................................................431
Division 273—Offences involving child pornography material or child abuse material outside Australia 432
273.1 Definitions.....................................................................................432
273.2 Who can be prosecuted for an offence committed outside Australia ........................................................................................433
273.2A Consent to commencement of proceedings where defendant under 18.........................................................................................433
273.3 Double jeopardy............................................................................433
273.4 Saving of other laws......................................................................433
Subdivision B—Offences committed overseas involving child pornography material or child abuse material 434
273.5 Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia................................434
273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia...........................................434
273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people............................................435
273.8 Alternative verdict if aggravated offence not proven ....................436
Subdivision C—Defences 436
273.9 Defences to offences against this Division....................................436
Subdivision D—Video link evidence 438
273.10 When court may take evidence by video link................................438
273.11 Technical requirements for video link...........................................438
273.12 Application of laws about witnesses..............................................439
273.13 Administration of oaths and affirmations......................................439
273.14 Expenses........................................................................................439
273.15 Other laws about foreign evidence not affected.............................439
Division 274—Torture 440
274.1 Definitions.....................................................................................440
274.2 Torture...........................................................................................440
274.3 Prosecutions ..................................................................................441
274.4 No defence of exceptional circumstances or superior orders.........442
274.5 Jurisdiction of State/Territory courts preserved.............................442
274.6 Concurrent operation intended ......................................................442
274.7 Double jeopardy............................................................................443
| Chapter 9—Dangers to the community | 444 |
| Part 9.1—Serious drug offences | 444 |
| Division 300—Preliminary | 444 |
300.1 Purpose..........................................................................................444
300.2 Definitions.....................................................................................444
300.3 Geographical jurisdiction ..............................................................447
300.4 Concurrent operation intended ......................................................447
300.5 Particular identity of drugs, plants and precursors.........................448
Division 301—Listing additional drugs, plants and precursors 449
Subdivision A—Interim regulations 449
301.1 Interim regulations—controlled drugs and controlled plants.........449
301.2 Interim regulations—controlled precursors...................................449
301.3 Interim regulations—border controlled drugs and border controlled plants............................................................................450
301.4 Interim regulations—border controlled precursors........................450
301.5 Interim regulations—commercial, marketable and trafficable quantities .......................................................................................451
Subdivision B—Emergency determinations 452
301.6 Emergency determinations—controlled drugs and controlled plants .............................................................................................452
301.7 Emergency determinations—controlled precursors.......................453
301.8 Emergency determinations—border controlled drugs and border controlled plants.................................................................453
301.9 Emergency determinations—border controlled precursors............454
301.10 Emergency determinations—commercial, marketable and trafficable quantities......................................................................454
301.11 General rules—period of effect, publication etc............................455
301.12 Generalrule—inconsistency with regulations...............................456
Division 302—Trafficking controlled drugs 457
302.1 Meaning of traffics ........................................................................457
302.2 Trafficking commercial quantities of controlled drugs..................457
302.3 Trafficking marketable quantities of controlled drugs...................458
302.4 Trafficking controlled drugs..........................................................458
302.5 Presumption where trafficable quantities are involved..................458
302.6 Purchase of controlled drugs is not an ancillary offence ...............459
Division 303—Commercial cultivation of controlled plants 460
303.1 Meanings of cultivate and cultivates a plant .................................460
303.2 Meaning of product of a plant.......................................................460
303.3 Meaning of cultivates a plant for a commercial purpose ..............460
| 303.4 | Cultivating commercial quantities of controlled plants .................461 |
| 303.5 | Cultivating marketable quantities of controlled plants ..................461 |
| 303.6 | Cultivating controlled plants .........................................................461 |
| 303.7 | Presumption where trafficable quantities are involved..................462 |
304.1 Selling commercial quantities of controlled plants........................463
304.2 Selling marketable quantities of controlled plants.........................463
304.3 Selling controlled plants................................................................463
Division 305—Commercial manufacture of controlled drugs 465
305.1 Meanings of manufacture and manufactures a substance .............465
305.2 Meaning of manufactures a substance for a commercial purpose ..........................................................................................465
305.3 Manufacturing commercial quantities of controlled drugs............465
305.4 Manufacturing marketable quantities of controlled drugs .............466
305.5 Manufacturing controlled drugs ....................................................466
305.6 Presumption where trafficable quantities are involved..................467
Division 306—Pre-trafficking controlled precursors 468
306.1 Meaning of pre-traffics..................................................................468
306.2 Pre-trafficking commercial quantities of controlled precursors ......................................................................................468
306.3 Pre-trafficking marketable quantities of controlled precursors......469
306.4 Pre-traffickingcontrolled precursors.............................................469
306.5 Presumption for pre-trafficking controlled precursors—sale.........470
306.6 Presumptions for pre-trafficking controlled precursors— manufacture for drug manufacture ................................................470
306.7 Presumptions for pre-trafficking controlled precursors— manufacture for sale......................................................................471
306.8 Presumptions for pre-trafficking controlled precursors— possession......................................................................................472
Division 307—Import-export offences 473
Subdivision A—Importing and exporting border controlled drugs or border controlled plants 473
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants..................................473
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants..................................473
307.3 Importing and exporting border controlled drugs or border controlled plants............................................................................474
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent..............................................................................................474
Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants 475
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants.......................475
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants.......................475
307.7 Possessing unlawfully imported border controlled drugs or border controlled plants.................................................................476
Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported 476
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported..............................................................476
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported..............................................................477
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported ........................................................................................478
Subdivision D—Importing and exporting border controlled precursors 478
307.11 Importing and exporting commercial quantities of border controlled precursors.....................................................................478
307.12 Importing and exporting marketable quantities of border controlled precursors.....................................................................479
307.13 Importing and exporting border controlled precursors ..................480
307.14 Presumptions for importing and exporting border controlled precursors ......................................................................................480
Division 308—Possession offences 482
308.1 Possessing controlled drugs...........................................................482
308.2 Possessing controlled precursors...................................................483
308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants ..................................483
308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs ................................484
Division 309—Drug offences involving children 485
309.1 Children not criminally responsible for offences against this Division .........................................................................................485
309.2 Supplying controlled drugs to children..........................................485
309.3 Supplying marketable quantities of controlled drugs to children for trafficking...................................................................485
309.4 Supplying controlled drugs to children for trafficking ..................486
309.5 Presumption where trafficable quantities are involved..................486
309.6 Meaning of procures an individual to traffic.................................486
309.7 Procuring children for trafficking marketable quantities of controlled drugs.............................................................................487
309.8 Procuring children for trafficking controlled drugs.......................487
309.9 Meaning of procures an individual to pre-traffic ..........................488
309.10 Procuring children for pre-trafficking marketable quantities of controlled precursors.................................................................488
309.11 Procuring children for pre-trafficking controlled precursors.........488
309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants .............................................................................................489
309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants..................................489
309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors .....................................490
309.15 Procuring children for importing or exporting border controlled precursors.....................................................................491
Division 310—Harm and danger to children under 14 from serious drug offences 493
310.1 Children not criminally responsible for offences against this Division .........................................................................................493
310.2 Danger from exposure to unlawful manufacturing........................493
310.3 Harm from exposure to unlawful manufacturing...........................494
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors.....................................................................495
Division 311—Combining quantities of drugs, plants or precursors 497
Subdivision A—Combining different parcels on the same occasion 497
311.1 Combining different parcels on the same occasion........................497
Subdivision B—Combining parcels from organised commercial activities 498
311.2 Business of trafficking controlled drugs........................................498
311.3 Business of pre-trafficking by selling controlled precursors..........499
311.4 Business of importing or exporting border controlled drugs or border controlled plants.............................................................500
311.5 Business of importing or exporting border controlled precursors ......................................................................................500
311.6 Business of supplying controlled drugs to children.......................501
311.7 General rules—combining parcels from organised commercial activities.....................................................................502
311.8 Multiple offences—trafficking controlled drugs ...........................503
311.9 Multiple offences—cultivating controlled plants ..........................503
311.10 Multiple offences—selling controlled plants.................................503
311.11 Multiple offences—manufacturing controlled drugs.....................504
311.12 Multiple offences—pre-trafficking controlled precursors .............504
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants...................................................505
311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants..................................505
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported ......................................................................506
311.16 Multiple offences—importing or exporting border controlled precursors ......................................................................................506
311.17 Multiple offences—supplying controlled drugs to children for trafficking ................................................................................507
311.18 Multiple offences—procuring children for trafficking controlled drugs.............................................................................507
311.19 Multiple offences—procuring children for pre-trafficking controlled precursors.....................................................................508
311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants.......508
311.21 Multiple offences—procuring children for importing or exporting border controlled precursors..........................................509
311.22 General rules—combining parcels from multiple offences ...........509
Division 312—Working out quantities of drugs, plants or precursors 510
312.1 Working out quantities of drugs and precursors in mixtures.........510
312.2 Working out quantities where different kinds of drugs, plants or precursors are involved .............................................................511
Division 313—Defences and alternative verdicts 514
313.1 Defence—conduct justified or excused by or under a law of a State or Territory.........................................................................514
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law .............................................................514
313.3 Alternativeverdict—offence not proved.......................................514
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor........................................................................................515
313.5 Alternative verdict—mistake as to identity of drug, plant or precursor........................................................................................516
Division 314—Drugs, plants, precursors and quantities 517
314.1 Controlled drugs............................................................................517
314.2 Controlled plants ...........................................................................519
314.3 Controlled precursors ....................................................................520
314.4 Border controlled drugs.................................................................520
314.5 Border controlled plants................................................................528
314.6 Border controlled precursors.........................................................528
Part 9.4—Dangerous weapons 530 Division 360—Cross-border firearms trafficking 530
| 360.1 | Disposal and acquisition of a firearm ............................................530 |
| 360.2 | Cross-border offence of disposal or acquisition of a firearm.........530 |
| 360.3 | Taking or sending a firearm across borders...................................531 |
| 360.4 | Concurrent operation intended ......................................................532 |
Part 9.6—Contamination of goods 533
380.1 Definitions.....................................................................................533
380.2 Contaminating goods.....................................................................533
380.3 Threatening to contaminate goods.................................................535
380.4 Making false statements about contamination of goods ................537
380.5 Extended geographical jurisdiction—category D..........................539
Part 9.9—Criminal associations and organisations 540
Division 390—Criminal associations and organisations 540
Subdivision A—Definitions 540
390.1 Definitions.....................................................................................540
390.2 State offences that have a federal aspect........................................543
Subdivision B—Offences 545
390.3 Associating in support of serious organised criminal activity .......545
390.4 Supporting a criminal organisation................................................547
390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation.............................................................548
390.6 Directing activities of a criminal organisation...............................550
390.7 Extended geographical jurisdiction—category C..........................552
Chapter 10—National infrastructure 553
Part 10.2—Money laundering 553
Division 400—Money laundering 553
400.1 Definitions.....................................................................................553
400.2 Definition of deals with money or other property .........................555
400.2A Application of offences relating to possible instruments of crime..............................................................................................555
400.3 Dealing in proceeds of crime etc.—money or property worth $1,000,000 or more........................................................................556
400.4 Dealing in proceeds of crime etc.—money or property worth $100,000 or more ..........................................................................558
400.5 Dealing in proceeds of crime etc.—money or property worth $50,000 or more ............................................................................559
400.6 Dealing in proceeds of crime etc.—money or property worth $10,000 or more ............................................................................560
400.7 Dealing in proceeds of crime etc.—money or property worth $1,000 or more ..............................................................................562
400.8 Dealing in proceeds of crime etc.—money or property of any value ..............................................................................................563
400.9 Dealing with property reasonably suspected of being proceeds of crime etc.....................................................................564
400.10 Mistake of fact as to the value of money or property ....................566
400.11 Proof of certain matters relating to kinds of offences not required..........................................................................................567
400.12 Combining several contraventions in a single charge....................567
400.13 Proof of other offences is not required ..........................................567
400.14 Alternative verdicts .......................................................................568
400.15 Geographical jurisdiction ..............................................................568
400.16 Saving of other laws......................................................................571
Part 10.5—Postal services 572
470.1 Definitions.....................................................................................572
470.2 Dishonesty.....................................................................................574
470.3 Determination of dishonesty to be a matter for the trier of fact.................................................................................................574
470.4 Meaning of expressions used in Subdivisions B and C of Division 471..................................................................................574
Division 471—Postal offences 576
471.1 Theft of mail-receptacles, articles or postal messages...................576
471.2 Receiving stolen mail-receptacles, articles or postal messages........................................................................................577
471.3 Taking or concealing of mail-receptacles, articles or postal messages........................................................................................579
471.4 Dishonest removal of postage stamps or postmarks......................579
471.5 Dishonest use of previously used, defaced or obliterated stamps............................................................................................579
471.6 Damaging or destroying mail-receptacles, articles or postal messages........................................................................................580
471.7 Tampering with mail-receptacles ..................................................580
471.8 Dishonestly obtaining delivery of articles .....................................581
471.9 Geographical jurisdiction ..............................................................581
471.10 Hoaxes—explosives and dangerous substances ............................581
471.11 Using a postal or similar service to make a threat .........................582
471.12 Using a postal or similar service to menace, harass or cause offence...........................................................................................583
471.13 Causing a dangerous article to be carried by a postal or similar service................................................................................583
471.14 Geographical jurisdiction ..............................................................584
471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post ......................................................................584
Subdivision B—Offences relating to use of postal or similar service for child pornography material or child abuse material 585
471.16 Using a postal or similar service for child pornography material..........................................................................................585
471.17 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service................................................................................585
471.18 Defences in respect of child pornography material........................586
471.19 Using a postal or similar service for child abuse material .............587
471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service ...........................................................................................587
471.21 Defences in respect of child abuse material...................................588
471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people............................................589
471.23 Alternative verdict if aggravated offence not proven ....................590
Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16 590
471.24 Using a postal or similar service to procure persons under 16.......590
471.25 Using a postal or similar service to “groom” persons under 16.....591
471.26 Using a postal or similar service to send indecent material to person under 16.............................................................................593
471.27 Age-related provisions relating to offences against this Subdivision....................................................................................593
471.28 Other provisions relating to offences against this Subdivision......595
471.29 Defences to offences against this Subdivision...............................595
Subdivision D—Miscellaneous 596
471.30 Geographical jurisdiction ..............................................................596
471.31 Definition of carry by post does not apply ....................................596
Division 472—Miscellaneous 597
472.1 Saving of other laws......................................................................597
472.2 Interpretation of other laws............................................................597
Part 10.6—Telecommunications Services 598
473.1 Definitions.....................................................................................598
473.2 Possession or control of data or material in the form of data.........605
473.3 Producing, supplying or obtaining data or material in the form of data...................................................................................605
473.4 Determining whether material is offensive....................................605
473.5 Use of a carriage service................................................................606
474.1 Dishonesty.....................................................................................607
474.2 General dishonesty with respect to a carriage service provider .........................................................................................607
Subdivision B—Interference with telecommunications 608
474.3 Person acting for a carrier or carriageservice provider.................608
474.4 Interception devices.......................................................................608
474.5 Wrongful delivery of communications..........................................609
474.6 Interference with facilities.............................................................610
474.7 Modification etc. of a telecommunications device identifier.........611
474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier.............................612
474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier...............613
474.10 Copying subscription-specific secure data.....................................614
474.11 Possession or control of data or a device with intent to copy an account identifier......................................................................616
474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier................................................617
Subdivision C—General offences relating to use of telecommunications 618
474.14 Using a telecommunications network with intention to commit a serious offence...............................................................618
474.15 Using a carriage service to make a threat ......................................619
474.16 Using a carriage service for a hoax threat......................................620
474.17 Using a carriage service to menace, harass or cause offence.........620
474.18 Improper use of emergency call service ........................................621
Subdivision D—Offences relating to use of carriage service for child pornography material or child abuse material 622
474.19 Using a carriageservice for child pornography material...............622
474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service......622
474.21 Defences in respect of child pornography material........................623
474.22 Using a carriageservicefor child abuse material..........................625
474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for usethrough a carriage service.................625
474.24 Defences in respect of child abuse material...................................626 474.24A Aggravated offence—offence involving conduct on 3 or
more occasions and 2 or more people............................................628 474.24B Alternative verdict if aggravated offence not proven ....................629
474.24C Consent to commencement of proceedings where defendant under 18.........................................................................................629
Subdivision E—Offence relating to obligations of internet service providers and internet content hosts 629
474.25 Obligations of internet service providers and internet content hosts...............................................................................................629
Subdivision F—Offences relating to use of carriage service involving sexual activity with person under 16 630 474.25A Using a carriage service for sexual activity with person under 16 years of age.....................................................................630 474.25B Aggravated offence—child with mental impairment or under care, supervision or authority of defendant....................................631
474.26 Using a carriage service to procure persons under 16 years of age .................................................................................................632
474.27 Using a carriage service to “groom” persons under 16 years of age.............................................................................................633
474.27A Using a carriage service to transmit indecent communication to person under 16 years of age.....................................................634
474.28 Provisions relating to offences against this Subdivision................635
474.29 Defences to offences against this Subdivision...............................637
suicide related material 639 474.29A Using a carriageservice for suicide related material.....................639 474.29B Possessing, controlling, producing, supplying or obtaining
suicide related material for use through a carriage service............641
Division 475—Miscellaneous 642 475.1A Defences for NRS employees andemergency call persons...........642 475.1B Provisions relating to element of offence that particular
conduct was engaged in using a carriage service...........................642
475.1 Saving of other laws......................................................................643
475.2 Geographical jurisdiction ..............................................................643
Part 10.7—Computer offences 644
Division 476—Preliminary 644
476.1 Definitions.....................................................................................644
476.2 Meaning of unauthorised access, modification or impairment ....................................................................................645
476.3 Geographical jurisdiction ..............................................................646
476.4 Saving of other laws......................................................................646
476.5 Liability for certain acts.................................................................646
Division 477—Serious computer offences 649
477.1 Unauthorised access, modification or impairment with intent to commit a serious offence...........................................................649
477.2 Unauthorised modification of data to cause impairment ...............651
477.3 Unauthorised impairment of electronic communication................652
Division 478—Other computer offences 653
478.1 Unauthorised access to, or modification of, restricted data ...........653
478.2 Unauthorised impairment of data held on a computer disk etc. .................................................................................................653
478.3 Possession or control of data with intent to commit a computer offence...........................................................................654
478.4 Producing, supplying or obtaining data with intent to commit a computer offence........................................................................655
Part 10.8—Financial information offences 656
| 480.1 | Definitions.....................................................................................656 | |
|---|---|---|
| 480.2480.3480.4 | Dishonesty.....................................................................................657 Constitutional application of this Part ...........................................657 Dishonestly obtaining or dealing in personal financial information ....................................................................................657 | |
| 480.5 480.6 | Possession or control of thing with intent to dishonestly obtain or deal in personal financial information ............................657 Importation of thing with intent to dishonestly obtain or deal in personal financial information...................................................658 | |
| Dictionary | 659 | |
| Notes | 673 | |
1 Short title [see Note 1]
This Act may be cited as the Criminal Code Act 1995.
2 Commencement [see Note 1]
3 The Criminal Code
3A External Territories
The Criminal Code extends to every external Territory.
3B Offshore installations
Unless the contrary intention appears, an installation (within the meaning of the Customs Act 1901) that is deemed by section 5C of the Customs Act 1901 to be part of Australia is also taken to be part of Australia for the purposes of the Criminal Code.
4 Definitions
Section 5
5 Regulations
The Governor-General may make regulations prescribing matters:
Criminal Code Act 1995
The Criminal Code Schedule Codification Chapter 1
Division 1
Section 1.1
Section 3
The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act.
Note: Under subsection 38(1) of the Acts Interpretation Act 1901, Act means an Act passed by the Parliament of the Commonwealth.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.1 Purpose and application Division 2
Section 2.1
Chapter 2—General principles of criminal responsibility
The purpose of this Chapter is to codify the general principles of criminal responsibility under laws of the Commonwealth. It contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created.
Subsections 4.2(6) and (7) and Division 8 apply to all offences. For the purpose of interpreting those provisions in connection with an offence, the other provisions of this Chapter may be considered, whether or not those other provisions apply to the offence concerned.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 The elements of an offence Part 2.2 General Division 3
In order for a person to be found guilty of committing an offence the following must be proved:
Note 1: See Part 2.6 on proof of criminal responsibility.
Note 2: See Part 2.7 on geographical jurisdiction.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.2 The elements of an offence Division 4 Physical elements
Section 4.1
conduct means an act, an omission to perform an act or a state of affairs. engage in conduct means:
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 The elements of an offence Part 2.2 Physical elements Division 4
(7) Intoxication is self-induced unless it came about:
An omission to perform an act can only be a physical element if:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.2 The elements of an offence Division 5 Fault elements
Section 5.1
A person has knowledge of a circumstance or a result if he or she is aware that it exists or will exist in the ordinary course of events.
(a) he or she is aware of a substantial risk that the result will occur; and
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 The elements of an offence Part 2.2 Fault elements Division 5
(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
A person is negligent with respect to a physical element of an offence if his or her conduct involves:
Note: Under subsection 5.4(4), recklessness can be established by proving intention, knowledge or recklessness.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.2 The elements of an offence Division 6 Cases where fault elements are not required
Section 6.1
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Circumstances involving lack of capacity Division 7
Note: This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.
A child under 10 years old is not criminally responsible for an offence.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.3 Circumstances in which there is no criminal responsibility Division 7 Circumstances involving lack of capacity
Section 7.3
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Intoxication Division 8
For the purposes of this Division, intoxication is self-induced unless it came about:
Note: A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.3 Circumstances in which there is no criminal responsibility Division 8 Intoxication
Section 8.3
evidence of self-induced intoxication cannot be considered in determining whether that knowledge or belief existed.
(5) A fault element of basic intent is a fault element of intention for a physical element that consists only of conduct.
Note: A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Intoxication Division 8
A person is not criminally responsible for an offence if the person’s conduct constituting the offence was as a result of intoxication that was not self-induced.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.3 Circumstances in which there is no criminal responsibility Division 9 Circumstances involving mistake or ignorance
Section 9.1
9.1 Mistake or ignorance of fact (fault elements other than negligence)
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Circumstances involving mistake or ignorance Division 9
Note: Section 6.2 prevents this section applying in situations of absolute liability.
available includes available by sale.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.3 Circumstances in which there is no criminal responsibility Division 9 Circumstances involving mistake or ignorance
Section 9.5
subordinate legislation means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Circumstances involving external factors Division 10
A person is not criminally responsible for an offence that has a physical element to which absolute liability or strict liability applies if:
(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.3 Circumstances in which there is no criminal responsibility Division 10 Circumstances involving external factors
Section 10.4
(2) This section applies if and only if the person carrying out the conduct reasonably believes that:
committing criminal trespass; and the conduct is a reasonable response in the circumstances as he or she perceives them.
However, conduct is not lawful merely because the person carrying it out is not criminally responsible for it.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Circumstances in which there is no criminal responsibility Part 2.3 Circumstances involving external factors Division 10
A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.4 Extensions of criminal responsibility Division 11
Section 11.1
Note: Under section 3.2, only one of the fault elements of intention or knowledge would need to be established in respect of each physical element of the offence attempted.
(3A) Subsection (3) has effect subject to subsection (6A).
(6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence.
(7) It is not an offence to attempt to commit an offence against section 11.2 (complicity and common purpose), section 11.2A (joint commission), section 11.3 (commission by proxy),
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Extensions of criminal responsibility Part 2.4 Division 11
section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud).
(3A) Subsection (3) has effect subject to subsection (6).
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.4 Extensions of criminal responsibility Division 11
Section 11.2A
(7) If the trier of fact is satisfied beyond reasonable doubt that a person either:
subsection (1); but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.
11.2A Joint commission
Joint commission
(1) If:
agreement (within the meaning of subsection (3)); the person is taken to have committed the joint offence referred to in whichever of subsection (2) or (3) applies and is punishable accordingly.
Offence committed in accordance with the agreement
(2) An offence is committed in accordance with the agreement if:
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Extensions of criminal responsibility Part 2.4 Division 11
Offence committed in the course of carrying out the agreement
(3) An offence is committed in the course of carrying out the agreement if the person is reckless about the commission of an offence (the joint offence) that another party in fact commits in the course of carrying out the agreement.
Intention to commit an offence
(4) For a person to be guilty of an offence because of the operation of this section, the person and at least one other party to the agreement must have intended that an offence would be committed under the agreement.
Agreement may be non-verbal etc.
(5) The agreement:
Termination of involvement etc.
(6) A person cannot be found guilty of an offence because of the operation of this section if, before the conduct constituting any of the physical elements of the joint offence concerned was engaged in, the person:
Person may be found guilty even if another party not prosecuted etc.
(7) A person may be found guilty of an offence because of the operation of this section even if:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.4 Extensions of criminal responsibility Division 11
Section 11.3
Special liability provisions apply
(8) Any special liability provisions that apply to the joint offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of this section.
A person who:
is taken to have committed that offence and is punishable accordingly.
(2A) Subsection (2) has effect subject to subsection (4A).
(4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
(5) It is not an offence to incite the commission of an offence against section 11.1 (attempt), this section or section 11.5 (conspiracy).
Penalty:
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Extensions of criminal responsibility Part 2.4 Division 11
Note: Under section 4D of the Crimes Act 1914, these penalties are only maximum penalties. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence. Penalty units are defined in section 4AA of that Act.
(1) A person who conspires with another person to commit an offence punishable by imprisonment for more than 12 months, or by a fine of 200 penalty units or more, is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.
Note: Penalty units are defined in section 4AA of the Crimes Act 1914.
(2) For the person to be guilty:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.4 Extensions of criminal responsibility Division 11
Section 11.5
(2A) Subsection (2) has effect subject to subsection (7A).
(7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.
(8) Proceedings for an offence of conspiracy must not be commenced without the consent of the Director of Public Prosecutions.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Extensions of criminal responsibility Part 2.4 Division 11
However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, an offence of conspiracy before the necessary consent has been given.
Administration Act 1953; does not mean that the first-mentioned law is impliedly to the contrary effect.
Note: Sections 11.2 (complicity and common purpose), 11.2A (joint commission), and 11.3 (commission by proxy) of this Code operate as extensions of principal offences and are therefore not referred to in this section.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.5 Corporate criminal responsibility Division 12
Section 12.1
Note: Section 4B of the Crimes Act 1914 enables a fine to be imposed for offences that only specify imprisonment as a penalty.
If a physical element of an offence is committed by an employee, agent or officer of a body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, the physical element must also be attributed to the body corporate.
(a) proving that the body corporate’s board of directors intentionally, knowingly or recklessly carried out the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence; or
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Corporate criminal responsibility Part 2.5 Division 12
board of directors means the body (by whatever name called) exercising the executive authority of the body corporate.
corporate culture means an attitude, policy, rule, course of conduct or practice existing within the body corporate generally or in the part of the body corporate in which the relevant activities takes place.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.5 Corporate criminal responsibility Division 12
Section 12.4
high managerial agent means an employee, agent or officer of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the body corporate’s policy.
corporate has that fault element; that fault element may exist on the part of the body corporate if the body corporate’s conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).
(3) Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
(1) A body corporate can only rely on section 9.2 (mistake of fact (strict liability)) in respect of conduct that would, apart from this section, constitute an offence on its part if:
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Corporate criminal responsibility Part 2.5 Division 12
(2) A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
A body corporate cannot rely on section 10.1 (intervening conduct or event) in respect of a physical element of an offence brought about by another person if the other person is an employee, agent or officer of the body corporate.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.6 Proof of criminal responsibility Division 13
Section 13.1
(1) The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note: See section 3.2 on what elements are relevant to a person’s guilt.
legal burden, in relation to a matter, means the burden of proving the existence of the matter.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Proof of criminal responsibility Part 2.6 Division 13
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
A burden of proof that a law imposes on the defendant is a legal burden if and only if the law expressly:
A legal burden of proof on the defendant must be discharged on the balance of probabilities.
A law that allows the prosecution to make an averment is taken not to allow the prosecution:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 14 Standard geographical jurisdiction
Section 14.1
(1) This section may apply to a particular offence in either of the following ways:
Note: In the case of paragraph (b), the expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
(2) If this section applies to a particular offence, a person does not commit the offence unless:
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Standard geographical jurisdiction Division 14
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Defence—primary offence
(3) If this section applies to a particular offence, a person is not guilty
of the offence if: (aa) the alleged offence is a primary offence; and
constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3).
(4) For the purposes of the application of subsection 13.3(3) to an offence, subsection (3) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(5) If this section applies to a particular offence, a person is not guilty of the offence if:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 14 Standard geographical jurisdiction
Section 14.1
country, but not on board an Australian aircraft or an Australian ship; and
(d) there is not in force in:
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3).
(6) For the purposes of the application of subsection 13.3(3) to an offence, subsection (5) of this section is taken to be an exception provided by the law creating the offence.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Extended geographical jurisdiction Division 15
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 15 Extended geographical jurisdiction
Section 15.1
(aa) the alleged offence is a primary offence; and
constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
(i) an Australian citizen; nor
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Extended geographical jurisdiction Division 15
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
(1) If a law of the Commonwealth provides that this section applies to a particular offence, a person does not commit the offence unless:
(i) at the time of the alleged offence, the person is an Australian citizen; or
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 15 Extended geographical jurisdiction
Section 15.2
(ii) at the time of the alleged offence, the person is a resident of Australia; or
(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct, occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to
a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and
constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Extended geographical jurisdiction Division 15
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 15 Extended geographical jurisdiction
Section 15.3
(1) If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) If a law of the Commonwealth provides that this section applies to
a particular offence, a person is not guilty of the offence if: (aa) the alleged offence is a primary offence; and
constituting the alleged offence occurs; a law of that foreign country, or that part of that foreign country, that creates an offence that corresponds to the first-mentioned offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Extended geographical jurisdiction Division 15
Defence—ancillary offence
(4) If a law of the Commonwealth provides that this section applies to a particular offence, a person is not guilty of the offence if:
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 15 Extended geographical jurisdiction
Section 15.4
If a law of the Commonwealth provides that this section applies to a particular offence, the offence applies:
Note: The expression offence is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(1).
Criminal Code Act 1995
The Criminal Code Schedule General principles of criminal responsibility Chapter 2 Geographical jurisdiction Part 2.7 Miscellaneous Division 16
16.1 Attorney-General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
Sending things
(1) For the purposes of this Part, if a person sends a thing, or causes a thing to be sent:
Sending electronic communications
(2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication:
Schedule The Criminal Code Chapter 2 General principles of criminal responsibility Part 2.7 Geographical jurisdiction Division 16 Miscellaneous
Section 16.3
that conduct is taken to have occurred partly in Australia.
Point
(3) For the purposes of this section, point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)).
Criminal Code Act 1995
The Criminal Code Schedule The integrity and security of the international community and foreign governments
Chapter 4 Bribery of foreign public officials Division 70 Section 70.1
In this Division:
benefit includes any advantage and is not limited to property.
business advantage means an advantage in the conduct of business.
control, in relation to a company, body or association, includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.
duty, in relation to a foreign public official, means any authority, duty, function or power that:
Schedule The Criminal Code Chapter 4 The integrity and security of the international community and foreign governments
Division 70 Bribery of foreign public officials
Section 70.1
foreign public enterprise means a company or any other body or association where:
(i) enjoys special legal rights or a special legal status under a law of a foreign country or of part of a foreign country; or
Criminal Code Act 1995
The Criminal Code Schedule The integrity and security of the international community and foreign governments
Chapter 4 Bribery of foreign public officials Division 70 Section 70.1
(ii) enjoys special benefits or privileges under a law of a
foreign country or of part of a foreign country; because of the relationship of the company, body or association with the government of the foreign country or of the part of the foreign country, as the case may be.
Schedule The Criminal Code Chapter 4 The integrity and security of the international community and foreign governments
Division 70 Bribery of foreign public officials
Section 70.2
(iii) a committee, or subcommittee of a committee, of an organisation described in paragraph (a) or (b), or of such an organ, council or body.
share includes stock.
(1) A person is guilty of an offence if:
Criminal Code Act 1995
The Criminal Code Schedule The integrity and security of the international community and foreign governments
Chapter 4 Bribery of foreign public officials Division 70 Section 70.2
(c) the first-mentioned person does so with the intention of influencing a foreign public official (who may be the other person) in the exercise of the official’s duties as a foreign public official in order to:
Note: For defences see sections 70.3 and 70.4.
(1A) In a prosecution for an offence under subsection (1), it is not necessary to prove that business, or a business advantage, was actually obtained or retained.
Benefit that is not legitimately due
(2) For the purposes of this section, in working out if a benefit is not legitimately due to a person in a particular situation, disregard the following:
Business advantage that is not legitimately due
(3) For the purposes of this section, in working out if a business advantage is not legitimately due to a person in a particular situation, disregard the following:
Penalty for individual
(4) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
Schedule The Criminal Code Chapter 4 The integrity and security of the international community and foreign governments
Division 70 Bribery of foreign public officials
Section 70.2
Penalty for body corporate
Criminal Code Act 1995
The Criminal Code Schedule The integrity and security of the international community and foreign governments
Chapter 4 Bribery of foreign public officials Division 70 Section 70.3
(1) A person is not guilty of an offence against section 70.2 in the cases set out in the following table:
| Defence of lawful conduct | |||
|---|---|---|---|
| Item | In a case where the | and if it were | this written law |
| person’s conduct occurred in relation to this kind of foreign public official... | assumed that the person’s conduct had occurred wholly... | requires or permits the provision of the benefit ... | |
| 1 | an employee or official of a foreign government body | in the place where the central administration of the body is located | a written law in force in that place |
| 2 | an individual who performs work for a foreign government body under a | in the place where the central administration of the body is located | a written law in force in that place |
| contract | |||
| 3 | an individual who holds or performs the duties of an appointment, office or position under a law of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
| 4 | an individual who holds or performs the duties of an appointment, office or position created by custom or convention of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
| 5 | an individual who is | in the place where the | a written law in |
| otherwise in the service of a | central administration | force in that place | |
| foreign government body | of the body is located | ||
| (including service as a | |||
| member of a military force | |||
| or police force) |
Schedule The Criminal Code Chapter 4 The integrity and security of the international community and foreign governments
Division 70 Bribery of foreign public officials
Section 70.3
Item In a case where the and if it were this written law person’s conduct occurred assumed that the requires or in relation to this kind of person’s conduct had permits the foreign public official... occurred wholly... provision of the
benefit ...
a member of the executive, in the foreign country a written law in judiciary or magistracy of a or in the part of the force in the foreign country or of part of foreign country, as the foreign country or a foreign country case may be in the part of the
foreign country, as the case may be
7 an employee of a public in the place where the a written law in international organisation headquarters of the force in that place organisation is located
8 an individual who performs in the place where the a written law in work for a public headquarters of the force in that place international organisation organisation is located under a contract
9 an individual who holds or in the place where the a written law in performs the duties of a headquarters of the force in that place public office or position in a organisation is located public international organisation
10 an individual who is in the place where the a written law in otherwise in the service of a headquarters of the force in that place public international organisation is located organisation
a member or officer of the legislature of a foreign country or of part of a foreign country in the foreign country or in the part of the foreign country, as the case may be a written law in force in the foreign country or in the part of the foreign country, as the case may be
Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).
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(2) A person is not guilty of an offence against section 70.2 if:
subsection (1) would have applied in relation to the first-mentioned person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) To avoid doubt, if:
applicable to the conduct of the first-mentioned person; subsection (1) applies to the conduct of the first-mentioned person.
(1) A person is not guilty of an offence against section 70.2 if:
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(iii) a prosecution for the offence is instituted more than 7 years after the conduct occurred.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).
Routine government action
(2) For the purposes of this section, a routine government action is an action of a foreign public official that:
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(iii) the terms of new business or existing business; and
(d) does not involve encouraging a decision about:
(iii) the terms of new business or existing business.
Content of records
(3) A record of particular conduct engaged in by a person complies with this subsection if the record sets out:
(1) A person does not commit an offence against section 70.2 unless:
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(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note: The expression offence against section 70.2 is given an extended meaning by subsections 11.2(1), 11.2A(1) and 11.6(2).
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
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The purpose of this Division is to protect United Nations and associated personnel and give effect to the Convention on the Safety of United Nations and Associated Personnel.
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for life.
Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 25 years.
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Section 71.4
Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 20 years.
Maximum penalty (aggravated offence): Imprisonment for 25
| years. | |
|---|---|
| Note 1: | Section 71.23 defines UN enforcement action, UN operation and UN or associated person. |
| Note 2: | Section 71.13 defines aggravated offence. |
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 15 years.
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Maximum penalty (aggravated offence): Imprisonment for 19 years.
Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
Note 2: Section 71.13 defines aggravated offence.
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 10 years.
Maximum penalty (aggravated offence): Imprisonment for 13 years.
Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
Note 2: Section 71.13 defines aggravated offence.
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
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(d) the first-mentioned person is reckless as to causing harm to the UN or associated person or any other person by the conduct.
Maximum penalty: Imprisonment for 7 years.
Maximum penalty (aggravated offence): Imprisonment for 9 years.
Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
Note 2: Section 71.13 defines aggravated offence.
(2) Strict liability applies to paragraphs (1)(b) and (c).
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 15 years.
Maximum penalty (aggravated offence): Imprisonment for 20 years.
Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
Note 2: Section 71.13 defines aggravated offence.
sexually penetrate means:
(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
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(1) A person is guilty of an offence if:
(iii) committing a serious offence against him or her or another person.
Maximum penalty: Imprisonment for 15 years.
Maximum penalty (aggravated offence): Imprisonment for 19
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| Note 1: | Section 71.23 defines UN enforcement action, UN operation and UN or associated person. |
| Note 2: | Section 71.13 defines aggravated offence. |
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maximum penalty for which is death, or imprisonment for not less than 12 months.
(1) A person is guilty of an offence if:
Maximum penalty: Imprisonment for 5 years.
Maximum penalty (aggravated offence): Imprisonment for 6 years.
Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
Note 2: Section 71.13 defines aggravated offence.
(2) Strict liability applies to paragraphs (1)(b) and (c).
71.11 Intentionally causing damage to UN or associated person’s property etc.
(1) A person is guilty of an offence if:
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(g) the first-mentioned person is reckless as to the danger to the person referred to in paragraph (c).
Maximum penalty: Imprisonment for 10 years.
Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
(2) Strict liability applies to paragraphs (1)(b), (d) and (e).
A person is guilty of an offence if the person:
Maximum penalty:
71.10 (recklessly causing harm to, or unlawful detention of, a UN or associated person)—imprisonment for 3 years.
Note: Section 71.23 defines UN or associated person.
(1) For the purposes of this Division, an offence against section 71.4, 71.5, 71.6, 71.7, 71.8, 71.9 or 71.10 is an aggravated offence if:
(a) the offence was committed during the deliberate and systematic infliction of severe pain over a period of time; or
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Section 71.14
offensive weapon includes:
A person is not criminally responsible for an offence against section 71.4 or 71.5 if the conduct causing serious harm to another person is engaged in by the first-mentioned person:
Note 1: If a person causes less than serious harm to another person, the prosecution is obliged to prove that the harm was caused without the consent of the person harmed (see for example section 71.6).
Note 2: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).
A person is not criminally responsible for an offence against section 71.8 in respect of any sexual penetration carried out in the
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course of a procedure in good faith for medical or hygienic purposes.
Note: A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).
(a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations as an Australian aircraft; or
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Section 71.17
defence aircraft means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.
defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.
71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences
then this section does not prevent the person from being prosecuted for the State offence.
If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be
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convicted of an offence under this Division in respect of that conduct.
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.
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Section 71.22
(3) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.
For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Act, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.
(1) In this Division:
to carry out activities in support of the fulfilment of the mandate of a UN operation.
Convention means the Convention on the Safety of United Nations and Associated Personnel, done at New York on 9 December 1994.
Note: The text of the Convention is set out in Australian Treaty Series 1995 No. 1. In 2000 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
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(c) to which the law of international armed conflict applies.
UN operation means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control if:
UN or associated person means a person who is a member of any UN personnel or associated personnel.
(2) In this Division, a person’s conduct causes death or harm if it substantially contributes to the death or harm.
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Division 72 Explosives and lethal devices
Section 72.1
The purpose of this Subdivision is to create offences relating to international terrorist activities using explosive or lethal devices and give effect to the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997.
Note: The text of the Convention is available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
Nothing in this Subdivision makes a member of the Australian Defence Force acting in connection with the defence or security of Australia liable to be prosecuted for an offence.
(1) A person commits an offence if:
Penalty: Imprisonment for life.
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(2) A person commits an offence if:
Penalty: Imprisonment for life.
(3) Strict liability applies to paragraphs (1)(c) and (2)(c).
(1) A person commits an offence under this Subdivision only if one or more of the following paragraphs applies and the circumstances relating to the alleged offence are not exclusively internal (see subsection (2)):
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(2) The circumstances relating to the alleged offence are exclusively internal if:
This Subdivision is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.
If a person has been convicted or acquitted of an offence in respect of conduct under the law of a foreign country, the person cannot be convicted of an offence under this Subdivision in respect of that conduct.
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Section 72.9
For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Subdivision, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.
72.10 Definitions In this Subdivision: Convention means the Convention referred to in section 72.1. explosive or other lethal device has the same meaning as in the
Convention.
government facility has the same meaning as State or government facility has in the Convention. infrastructure facility has the same meaning as in the Convention. place of public use has the same meaning as in the Convention. public transportation system has the same meaning as in the
Convention.
The purpose of this Subdivision is to create offences relating to plastic explosives and give effect to the Convention on the Marking of Plastic Explosives.
Note: The Convention requires the introduction of detection agents into plastic explosives so as to render the explosives detectable by vapour detection means. This is known as the marking of the explosives.
(1) A person commits an offence if:
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Penalty: Imprisonment for 10 years.
Note 1: For the marking requirements, see section 72.33.
Note 2: For defences, see section 72.16.
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years.
Note 1: For the marking requirements, see section 72.33.
Note 2: For defences, see section 72.16.
(1) A person commits an offence if:
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(d) the manufacture is not authorised under section 72.18 or
72.21. Penalty: Imprisonment for 10 years.
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years.
| Note 1: Note 2: | For the marking requirements, see section 72.33. For defences, see section 72.16. |
| 72.16 Defences | |
| (1) If: |
particular marking requirement; it is a defence if the defendant proves that he or she had no reasonable grounds for suspecting that the plastic explosive breached that marking requirement.
Note 1: A defendant bears a legal burden in relation to the matter in subsection (1) (see section 13.4).
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Note 2: For the marking requirements, see section 72.33.
(2) If:
second marking requirement; it is a defence if the defendant proves that, at the time of the alleged offence:
Note 1: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
Note 2: For the marking requirements, see section 72.33.
Note 3: For minimum manufacture concentration, see section 72.34.
72.17 Packaging requirements for plastic explosives
(1) A person commits an offence if:
(iii) if the plastic explosive is of a prescribed type—that type; and
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Section 72.18
concentration of the detection agent in the plastic explosive at the time of manufacture, expressed as a percentage by mass;
legibly displayed on the outer surface of the wrapper.
Penalty: Imprisonment for 2 years.
(2) The fault element for paragraphs (1)(b) and (c) is recklessness.
72.18 Authorisation for research etc.
Authorisation
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(3) An authorisation under subsection (1) must specify the grounds on which it was given.
Conditions and restrictions
Criteria
(6) In exercising a power conferred by this section in relation to:
an unmarked plastic explosive, a responsible Minister must have regard to:
72.19 Authorisation for defence and police purposes—15 year limit
Authorisation
(1) A responsible Minister may, by writing, authorise:
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(2) A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive unless the responsible Minister is satisfied that the plastic explosive is exclusively for use in connection with:
Conditions and restrictions
(3) An authorisation under subsection (1) is subject to such conditions and restrictions as are specified in the authorisation.
Criteria
(4) In exercising a power conferred by this section in relation to:
an unmarked plastic explosive, a responsible Minister must have regard to:
Sunset
(5) This section ceases to have effect at the end of 15 years after its commencement.
72.20 Authorisation for existing stocks—3 year limit
Authorisation
(1) A responsible Minister may, by writing, authorise:
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an unmarked plastic explosive that was manufactured before the commencement of this section.
Conditions and restrictions
Criteria
(4) In exercising a power conferred by this section in relation to:
an unmarked plastic explosive, a responsible Minister must have regard to:
72.21 Authorisation of manufacturers—6 month transitional period
Object
(1) The object of this section is to allow manufacturers a 6 month transitional period for compliance with sections 72.12, 72.14 and
72.15.
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Section 72.22
Authorisation
Conditions and restrictions
(4) An authorisation under subsection (2) is subject to such conditions and restrictions as are specified in the authorisation.
Sunset
(5) This section ceases to have effect at the end of 6 months after its commencement.
72.22 Authorisation for overseas defence purposes—7 day limit
(1) A member of the Australian Defence Force is authorised to possess, import or traffic in an unmarked plastic explosive if:
(a) the plastic explosive was obtained in the course of the operation outside Australia of the Australian Defence Force; and
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(b) the member believes on reasonable grounds that there is insufficient time to obtain an authorisation under this Subdivision because of:
(2) An authorisation under subsection (1) ceases to have effect at the end of the seventh day after the day on which the plastic explosive was obtained.
72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit
72.24 Forfeited plastic explosives
(1) If a court:
the court may order the forfeiture to the Commonwealth of the plastic explosive.
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Note 1: See also section 10.5 (lawful authority).
Note 2: See also section 229 of the Customs Act 1901 (forfeiture of goods that have been unlawfully imported or exported).
72.25 Surrendered plastic explosives
Note: See also section 10.5 (lawful authority).
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72.26 Destruction of plastic explosives obtained overseas for defence purposes
A member of the Australian Defence Force may destroy an unmarked plastic explosive if the plastic explosive was obtained in the course of the operation outside Australia of the Australian Defence Force.
72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes
A member of the Australian Federal Police may destroy an unmarked plastic explosive if the plastic explosive was obtained in the course of the operation outside Australia of the Australian Federal Police.
72.28 Delegation by Minister
(1) The Minister may, by writing, delegate to:
all or any of the Minister’s powers under sections 72.18, 72.19, 72.20, 72.21, 72.24 and 72.25.
(2) A delegate is, in the exercise of a power delegated under subsection (1), subject to the written directions of the Minister.
72.29 Delegation by Minister for Defence
(1) The Minister for Defence may, by writing, delegate to:
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all or any of the powers of the Minister for Defence under sections 72.18, 72.19, 72.20, 72.21, 72.24 and 72.25.
72.30 Review by Administrative Appeals Tribunal of authorisation decisions
72.31 Geographical jurisdiction
Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Subdivision.
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72.32 Saving of other laws
This Subdivision is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.
72.33 Marking requirements
(1) This section sets out the 2 marking requirements for a plastic explosive.
Concentration of detection agent at time of manufacture
(2) The first marking requirement is that, at the time of the manufacture of the plastic explosive, all of the following conditions were satisfied:
Note: For minimum manufacture concentration, see section 72.34.
Freshness
(3) The second marking requirement is that less than 10 years have elapsed since the manufacture of the plastic explosive.
Interpretation
(4) In determining whether a plastic explosive manufactured before the commencement of this section breached the first marking requirement, assume that this section and sections 72.34 and 72.36 had been in force at the time of manufacture.
72.34 Detection agents and minimum manufacture concentrations
For the purposes of this Subdivision, the following table defines:
(a) detection agent; and
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(b) the minimum manufacture concentration for each detection agent.
Detection agents and minimum manufacture concentrations
Item Detection agent Minimum manufacture concentration
1 Ethylene glycol dinitrate (EGDN) 0.2% by mass (molecular formula: C2H4(NO3)2) (molecular weight: 152)
2 2,3-Dimethyl-2,3-dinitrobutane (DMNB) 1% by mass (molecular formula: C6H12(NO2)2) (molecular weight: 176)
3 para-Mononitrotoluene (p-MNT) 0.5% by mass (molecular formula: C7H7NO2) (molecular weight: 137)
4 a substance prescribed for the purposes of the concentration prescribed for this table item the purposes of this table item in relation to the substance
72.35 Presumption as to concentration of detection agent
it is presumed, unless the contrary is proved, that the plastic explosive breaches the first marking requirement.
Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4).
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72.36 Definitions
In this Subdivision:
Convention on the Marking of Plastic Explosives means:
Note: In 2006, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Department of Defence means the Department that deals with matters relating to defence.
detection agent has the meaning given by section 72.34.
explosive device includes the following:
export includes take from Australia.
first marking requirement has the meaning given by subsection 72.33(2).
high explosive means an explosive with a velocity of detonation that is greater than the velocity of sound in the explosive (typically greater than 340 metres per second), and includes the following:
(a) cyclotetramethylenetetranitramine (HMX);
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import includes bring into Australia.
manufacture a substance means any process by which a substance is produced, and includes the following:
marking requirement has the meaning given by section 72.33.
minimum manufacture concentration has the meaning given by section 72.34.
Minister for Defence means the Minister administering the Defence Act 1903.
plastic explosive means an explosive product (including an explosive product in flexible or elastic sheet form) that is:
possess a substance includes the following:
responsible Minister means:
second marking requirement has the meaning given by subsection 72.33(3).
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traffic in a substance means:
it. For the purposes of paragraph (d), preparing a substance for transfer includes packaging the substance or separating the substance into discrete units.
transfer means transfer ownership or possession.
unmarked plastic explosive means a plastic explosive that breaches a marking requirement.
wrapper, in relation to a plastic explosive, means a wrapper the inner surface of which is in contact with the plastic explosive.
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Division 73 People smuggling and related offences
Section 73.1
Division 73—People smuggling and related offences
Subdivision A—People smuggling offences
73.1 Offence of people smuggling
(1) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.2 Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.)
(1) A person (the first person) commits an offence against this section if the first person commits the offence of people smuggling (the underlying offence) in relation to another person (the victim) and any of the following applies:
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Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.
(2) There is no fault element for the physical element of conduct described in subsection (1), that the first person commits the underlying offence, other than the fault elements (however described), if any, for the underlying offence.
(2A) To avoid doubt, the first person may be convicted of an offence against this section even if the first person has not been convicted of the underlying offence.
(3) In this section:
forced labour means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:
sexual servitude has the same meaning as in Division 270.
slavery has the same meaning as in Division 270.
threat means:
73.3 Aggravated offence of people smuggling (at least 5 people)
(1) A person (the first person) is guilty of an offence if:
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Division 73 People smuggling and related offences
Section 73.3A
Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.
73.3A Supporting the offence of people smuggling
(1) A person (the first person) commits an offence if:
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(2) Subsection (1) does not apply if the conduct constituting the offence of people smuggling relates, or would relate, to:
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(3) To avoid doubt, the first person commits an offence against subsection (1) even if the offence of people smuggling is not committed.
73.4 Jurisdictional requirement
A person commits an offence against this Subdivision only if:
73.5 Attorney-General’s consent required
Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries
73.6 Meaning of travel or identity document
(1) For the purposes of this Subdivision, a document is a travel or identity document if it is:
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73.7 Meaning of false travel or identity document
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(3) This section has effect as if a document that purports to be a true copy of another document were the original document.
73.8 Making, providing or possessing a false travel or identity document
A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
(1) A person (the first person) is guilty of an offence if:
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Section 73.10
(d) the first person provided or possessed the document:
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
A person (the first person) is guilty of an offence if:
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Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.11 Taking possession of or destroying another person’s travel or identity document
A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.12 Jurisdictional requirement
Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this Subdivision.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.1 Treason and sedition Division 80 Treason and sedition
Section 80.1A
Chapter 5—The security of the Commonwealth
Part 5.1—Treason and sedition
Division 80—Treason and sedition
80.1A Definition of organisation
In this Division:
organisation means:
persons who are not Australian citizens, or is part of a larger organisation.
80.1 Treason
(1) A person commits an offence, called treason, if the person:
(i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
The Criminal Code Schedule The security of the Commonwealth Chapter 5 Treason and sedition Part 5.1 Treason and sedition Division 80
(ii) specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or
(f) engages in conduct that assists by any means whatever, with intent to assist:
that is engaged in armed hostilities against the Australian Defence Force; or
Penalty: Imprisonment for life.
(1A) Paragraphs (1)(e) and (f) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.
| Note 1 | A defendant bears an evidential burden in relation to the matter in |
| subsection (1A). See subsection 13.3(3). | |
| Note 2: | There is a defence in section 80.3 for acts done in good faith. |
(1B) Paragraph (1)(h) does not apply to formation of an intention to engage in conduct that:
Note: A defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3).
(2) A person commits an offence if the person:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.1 Treason and sedition Division 80 Treason and sedition
Section 80.2
other reasonable endeavours to prevent the commission of
the offence.
Penalty: Imprisonment for life.
constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
80.2 Sedition
Urging the overthrow of the Constitution or Government
(1) A person commits an offence if the person urges another person to overthrow by force or violence:
Penalty: Imprisonment for 7 years.
(2) Recklessness applies to the element of the offence under subsection (1) that it is:
Commonwealth; that the first-mentioned person urges the other person to overthrow.
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Urging interference in Parliamentary elections
Urging violence within the community
(5) A person commits an offence if:
Penalty: Imprisonment for 7 years.
(6) Recklessness applies to the element of the offence under subsection (5) that it is a group or groups that are distinguished by race, religion, nationality or political opinion that the first-mentioned person urges the other person to use force or violence against.
Urging a person to assist the enemy
(7) A person commits an offence if:
(i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.1 Treason and sedition Division 80 Treason and sedition
Section 80.3
(ii) specified by Proclamation made for the purpose of paragraph 80.1(1)(e) to be an enemy at war with the Commonwealth.
Penalty: Imprisonment for 7 years.
Urging a person to assist those engaged in armed hostilities
(8) A person commits an offence if:
Penalty: Imprisonment for 7 years.
Defence
(9) Subsections (7) and (8) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.
| Note 1: | A defendant bears an evidential burden in relation to the matter in |
| subsection (9). See subsection 13.3(3). | |
| Note 2: | There is a defence in section 80.3 for acts done in good faith. |
80.3 Defence for acts done in good faith
(1) Sections 80.1 and 80.2 do not apply to a person who:
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(iii) legislation of the Commonwealth, a State, a Territory or another country;
(iv) the administration of justice of or in the Commonwealth, a State, a Territory or another country; or
Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).
(2) In considering a defence under subsection (1), the Court may have regard to any relevant matter, including whether the acts were done:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.1 Treason and sedition Division 80 Treason and sedition
Section 80.4
80.4 Extended geographical jurisdiction for offences
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.
80.5 Attorney-General’s consent required
be issued and executed; and the person may be charged, and may be remanded in custody or on bail, but:
80.6 Division not intended to exclude State or Territory law
It is the intention of the Parliament that this Division is not to apply to the exclusion of a law of a State or a Territory to the extent that the law is capable of operating concurrently with this Division.
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Part 5.2—Offences relating to espionage and similar activities
Division 90—Preliminary
90.1 Definitions
(1) In this Part:
article includes any thing, substance or material.
information means information of any kind, whether true or false and whether in a material form or not, and includes:
intelligence or security agency has the meaning given by section 85ZL of the Crimes Act 1914.
record, in relation to information, means a record of information in any form, including but not limited to, a document, paper, database, software system or other article or system containing information or from which information can be derived.
security or defence of a country includes the operations, capabilities and technologies of, and methods and sources used by, the country’s intelligence or security agencies.
sketch includes a representation of a place or thing.
the Commonwealth includes the Territories.
(2) In this Part, unless the contrary intention appears:
(a) expressions referring to obtaining, recording, using, having in possession, communicating or retaining include obtaining, recording, using, having in possession, communicating or retaining in whole or in part, and whether the thing or information itself, or only the substance, effect or description of the thing or information, is obtained, recorded, used, possessed, communicated or retained; and
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.2 Offences relating to espionage and similar activities Division 90 Preliminary
Section 90.1
(b) a reference to a sketch, document or article or to information is to be read as including a reference to a copy of, a part of or a copy of a part of a sketch, document or article or information.
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Division 91—Offences relating to espionage and similar activities
91.1 Espionage and similar activities
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.2 Offences relating to espionage and similar activities Division 91 Offences relating to espionage and similar activities
Section 91.1
Penalty: Imprisonment for 25 years.
(3) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(4) A person commits an offence if:
(iii) intending to give an advantage to another country’s security or defence.
Penalty: Imprisonment for 25 years.
(5) For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need to have a particular country,
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foreign organisation or person in mind at the time when the person makes, obtains or copies the record.
(6) A person charged with an offence under this section may only be remanded on bail by a judge of the Supreme Court of a State or Territory. This subsection has effect despite anything in section 93.1.
Note: Section 93.1 deals with how a prosecution is instituted.
(7) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to offences under this section.
91.2 Defence—information lawfully available
Note: A defendant bears an evidential burden in relation to the matters in subsections (1) and (2). See subsection 13.3(3).
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.2 Offences relating to espionage and similar activities Division 93 Prosecutions and hearings
Section 93.1
Division 93—Prosecutions and hearings
93.1 Institution of prosecution
under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.
(3) Nothing in this section prevents the discharging of the accused if proceedings are not continued within a reasonable time.
93.2 Hearing in camera etc.
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document used in the application or the proceedings that is on the file in the court or in the records of the court.
(3) A person commits an offence if the person contravenes an order made or direction given under this section.
Penalty: Imprisonment for 5 years.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.2 Offences relating to espionage and similar activities Division 94 Forfeiture
Section 94.1
Division 94—Forfeiture
94.1 Forfeiture of articles etc.
A sketch, article, record or document which is made, obtained, recorded, retained, forged, possessed or otherwise dealt with in contravention of this Part is forfeited to the Commonwealth.
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Part 5.3—Terrorism
Division 100—Preliminary
100.1 Definitions
(1) In this Part:
AFP member means:
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
confirmed control order means an order made under section 104.16.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
continued preventative detention order means an order made under section 105.12.
control order means an interim control order or a confirmed control order.
corresponding State preventative detention law means a law of a State or Territory that is, or particular provisions of a law of a State or Territory that are, declared by the regulations to correspond to Division 105 of this Act.
express amendment of the provisions of this Part or Chapter 2 means the direct amendment of the provisions (whether by the insertion, omission, repeal, substitution or relocation of words or matter).
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.1
frisk search means:
funds means:
identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V of the Crimes Act 1914.
initial preventative detention order means an order made under section 105.8.
interim control order means an order made under section 104.4,
104.7 or 104.9.
issuing authority:
issuing court means:
Judge means a Judge of a court created by the Parliament.
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lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.
listed terrorist organisation means an organisation that is specified by the regulations for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1.
ordinary search means a search of a person or of articles in the possession of a person that may include:
organisation means a body corporate or an unincorporated body, whether or not the body:
police officer means:
prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979.
preventative detention order means an order under section 105.8 or 105.12.
prohibited contact order means an order made under section 105.15 or 105.16.
referring State has the meaning given by section 100.2.
seizable item means anything that:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.1
senior AFP member means:
superior court means:
terrorist act means an action or threat of action where:
tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.
(2) Action falls within this subsection if it:
(i) an information system; or
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(ii) a telecommunications system; or
(iii) a financial system; or
100.2 Referring States
(1) A State is a referring State if the Parliament of the State has referred the matters covered by subsections (2) and (3) to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:
legislative powers of the Parliament of the State. This subsection has effect subject to subsection (5).
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.3
referred provisions means the provisions of Part 5.3 of this Code as inserted by the Criminal Code Amendment (Terrorism) Act 2002, to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
100.3 Constitutional basis for the operation of this Part
Operation in a referring State
(1) The operation of this Part in a referring State is based on:
Note: The State reference fully supplements the Commonwealth Parliament’s other powers by referring the matters to the Commonwealth Parliament to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament.
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Operation in a non-referring State
(2) The operation of this Part in a State that is not a referring State is based on the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)).
Note: Subsection 100.4(5) identifies particular powers that are being relied on.
Operation in a Territory
(3) The operation of this Part in the Northern Territory, the Australian Capital Territory or an external Territory is based on:
Despite subsection 22(3) of the Acts Interpretation Act 1901, this Part as applying in those Territories is a law of the Commonwealth.
Operation outside Australia
(4) The operation of this Part outside Australia and the external Territories is based on:
100.4 Application of provisions
Part generally applies to all terrorist acts and preliminary acts
(1) Subject to subsection (4), this Part applies to the following conduct:
(a) all actions or threats of action that constitute terrorist acts (no matter where the action occurs, the threat is made or the action, if carried out, would occur);
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.4
(b) all actions (preliminary acts) that relate to terrorist acts but do not themselves constitute terrorist acts (no matter where the preliminary acts occur and no matter where the terrorist acts to which they relate occur or would occur).
Note: See the following provisions:
| (a) | subsection 101.1(2); |
| (b) | subsection 101.2(4); |
| (c) | subsection 101.4(4); |
| (d) | subsection 101.5(4); |
| (e) | subsection 101.6(3); |
| (f) | section 102.9. |
Operation in relation to terrorist acts and preliminary acts occurring in a State that is not a referring State
(a) if the conduct is itself a terrorist act—the action or threat of action that constitutes the terrorist act; or
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(b) if the conduct is a preliminary act—the action or threat of action that constitutes the terrorist act to which the preliminary act relates.
(5) Without limiting the generality of subsection (4), this Part applies to the action or threat of action if:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.5
(6) To avoid doubt, subsections (2) and (3) apply to a State that is not a referring State at a particular time even if no State is a referring State at that time.
100.5 Application of Acts Interpretation Act 1901
100.6 Concurrent operation intended
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(4) If:
the State or Territory; the person is not liable to be punished for the offence under this Part.
100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
matter includes act, omission, body, person or thing.
100.8 Approval for changes to or affecting this Part
(1) This section applies to:
(a) an express amendment of this Part (including this section); and
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 100 Preliminary
Section 100.8
(b) an express amendment of Chapter 2 that applies only to this Part (whether or not it is expressed to apply only to this Part).
(2) An express amendment to which this section applies is not to be made unless the amendment is approved by:
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Division 101—Terrorism
101.1 Terrorist acts
101.2 Providing or receiving training connected with terrorist acts
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(3) A person commits an offence under this section even if:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 101 Terrorism
Section 101.4
101.4 Possessing things connected with terrorist acts
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 10 years.
(3) A person commits an offence under subsection (1) or (2) even if:
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Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
(6) If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
101.5 Collecting or making documents likely to facilitate terrorist acts
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 10 years.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 101 Terrorism
Section 101.6
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
(6) If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
101.6 Other acts done in preparation for, or planning, terrorist acts
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(3) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.1
Division 102—Terrorist organisations
Subdivision A—Definitions
102.1 Definitions
(1) In this Division:
advocate has the meaning given by subsection (1A).
associate: a person associates with another person if the person
meets or communicates with the other person.
close family member of a person means:
member of an organisation includes:
recruit includes induce, incite and encourage.
terrorist organisation means:
Definition of advocates
(1A) In this Division, an organisation advocates the doing of a terrorist act if:
The Criminal Code Schedule The security of the Commonwealth Chapter 5 Terrorism Part 5.3 Terrorist organisations Division 102
Terrorist organisation regulations
(2) Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must be satisfied on reasonable grounds that the organisation:
(2A) Before the Governor-General makes a regulation specifying an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in this section, the Minister must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
(3) Regulations for the purposes of paragraph (b) of the definition of terrorist organisation in this section cease to have effect on the second anniversary of the day on which they take effect. To avoid doubt, this subsection does not prevent:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.1
(4) If:
the Minister must, by written notice published in the Gazette, make a declaration to the effect that the Minister has ceased to be so satisfied. The regulations, to the extent to which they specify the organisation, cease to have effect when the declaration is made.
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as the case requires; the Minister must consider the de-listing application.
(18) Subsection (17) does not limit the matters that may be considered by the Minister for the purposes of subsection (4).
102.1A Reviews by Parliamentary Joint Committee on ASIO, ASIS and DSD
Review of listing regulation
(1) If a regulation made after the commencement of this section specifies an organisation for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1, the Parliamentary Joint Committee on ASIO, ASIS and DSD may:
Review of listing provisions
(2) The Parliamentary Joint Committee on ASIO, ASIS and DSD has the following functions:
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.1A
Review of listing regulation—extension of applicable disallowance period
(3) If the Committee’s report on a review of a regulation is tabled in a House of the Parliament:
disallowance period; then whichever of the following provisions is applicable:
if each period of 15 sitting days referred to in those provisions were extended in accordance with the table:
| Extension of applicable disallowance period | |||
|---|---|---|---|
| Item | If the Committee’s report is tabled in that | extend the period of 15 | |
| House... | sitting days by... | ||
| 1 | on the fifteenth sitting day of the applicable | 8 sitting days of that House | |
| disallowance period | |||
| 2 | on the fourteenth sitting day of the | 7 sitting days of that House | |
| applicable disallowance period | |||
| 3 | on the thirteenth sitting day of the | 6 sitting days of that House | |
| applicable disallowance period | |||
| 4 | on the twelfth sitting day of the applicable | 5 sitting days of that House | |
| disallowance period | |||
| 5 | on the eleventh sitting day of the applicable | 4 sitting days of that House | |
| disallowance period | |||
| 6 | on the tenth sitting day of the applicable | 3 sitting days of that House | |
| disallowance period | |||
| 7 | on the ninth sitting day of the applicable | 2 sitting days of that House | |
| disallowance period | |||
| 8 | on the eighth sitting day of the applicable | 1 sitting day of that House | |
| disallowance period | |||
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Applicable disallowance period
(4) For the purposes of the application of this section to a regulation, the applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the regulation, or a copy of the regulation, was laid before that House in accordance with whichever of the following provisions was applicable:
Subdivision B—Offences
102.2 Directing the activities of a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
102.3 Membership of a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.4
(2) Subsection (1) does not apply if the person proves that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a terrorist organisation.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
102.4 Recruiting for a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
102.5 Training a terrorist organisation or receiving training from a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
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(2) A person commits an offence if:
Penalty: Imprisonment for 25 years.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
102.6 Getting funds to, from or for a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.7
(3) Subsections (1) and (2) do not apply to the person’s receipt of funds from the organisation if the person proves that he or she received the funds solely for the purpose of the provision of:
Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).
102.7 Providing support to a terrorist organisation
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
102.8 Associating with terrorist organisations
(1) A person commits an offence if:
(a) on 2 or more occasions:
(i) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an organisation; and
The Criminal Code Schedule The security of the Commonwealth Chapter 5 Terrorism Part 5.3 Terrorist organisations Division 102
(ii) the person knows that the organisation is a terrorist organisation; and
(iii) the association provides support to the organisation; and
(b) the organisation is a terrorist organisation because of paragraph (b) of the definition of terrorist organisation in this Division (whether or not the organisation is a terrorist organisation because of paragraph (a) of that definition also).
Penalty: Imprisonment for 3 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 3 years.
(a) the association is with a close family member and relates only to a matter that could reasonably be regarded (taking
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 102 Terrorist organisations
Section 102.8
into account the person’s cultural background) as a matter of family or domestic concern; or
(iii) a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
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(5) This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(g) (as the case requires).
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
(7) A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:
Subdivision C—General provisions relating to offences
102.9 Extended geographical jurisdiction for offences
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.
102.10 Alternative verdicts
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 103 Financing terrorism
Section 103.1
Division 103—Financing terrorism
103.1 Financing terrorism
(1) A person commits an offence if:
Penalty: Imprisonment for life.
Note: Intention is the fault element for the conduct described in paragraph (1)(a). See subsection 5.6(1).
(2) A person commits an offence under subsection (1) even if:
103.2 Financing a terrorist
(1) A person commits an offence if:
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
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(c) the funds will be used to facilitate or engage in more than one terrorist act.
103.3 Extended geographical jurisdiction for offences
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Division.
Schedule The Criminal Code Chapter 5 The security of the Commonwealth Part 5.3 Terrorism Division 104 Control orders
Section 104.1
Division 104—Control orders
Subdivision A—Object of this Division
104.1 Object of this Division
The object of this Division is to allow obligations, prohibitions and restrictions to be imposed on a person by a control order for the purpose of protecting the public from a terrorist act.
Subdivision B—Making an interim control order
104.2 Attorney-General’s consent to request an interim control order
(1) A senior AFP member must not request an interim control order in relation to a person without the Attorney-General’s written consent.
Note: However, in urgent circumstances, a senior AFP member may request an interim control order without first obtaining the Attorney-General’s consent (see Subdivision C).
(i) a statement of the facts relating to why the order should be made;
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(ii) if the member is aware of any facts relating to why the order should not be made—a statement of those facts; and
Note 1: An interim control order cannot be requested in relation to a person who is under 16 years of age (see section 104.28).
Note 2: The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2).
(3A) To avoid doubt, paragraph (3)(f) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the
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National Security Information (Criminal and Civil Proceedings) Act 2004).
104.3 Requesting the court to make an interim control order
If the Attorney-General consents to the request under section 104.2, the senior AFP member may request the interim control order by giving an issuing court:
Note: The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2).
104.4 Making an interim control order
(1) The issuing court may make an order under this section in relation to the person, but only if:
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(d) the court is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the public from a terrorist act.
104.5 Terms of an interim control order
(1) If the issuing court makes the interim control order, the order must:
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(h) set out a summary of the grounds on which the order is made.
Note 1: An interim control order made in relation to a person must be served on the person at least 48 hours before the day specified as mentioned in paragraph (1)(e) (see section 104.12).
Note 2: A confirmed control order that is made in relation to a 16- to 18-year-old must not end more than 3 months after the day on which the interim control order is made (see section 104.28).
(1A) The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 72 hours, after the order is made.
(2) Paragraph (1)(f) does not prevent the making of successive control orders in relation to the same person.
(2A) To avoid doubt, paragraph (1)(h) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
Obligations, prohibitions and restrictions
(3) The obligations, prohibitions and restrictions that the court may impose on the person by the order are the following:
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Note: Restrictions apply to the use of photographs or impressions of fingerprints taken as mentioned in paragraphs (3)(j) and (k) (see section 104.22).
Communicating and associating
Counselling and education
(6) A person is required to participate in specified counselling or education as mentioned in paragraph (3)(l) only if the person agrees, at the time of the counselling or education, to participate in the counselling or education.
Subdivision C—Making an urgent interim control order
104.6 Requesting an urgent interim control order by electronic means
(1) A senior AFP member may request, by telephone, fax, email or other electronic means, an issuing court to make an interim control order in relation to a person if:
(a) the member considers it necessary to use such means because of urgent circumstances; and
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Section 104.7
(b) the member either considers or suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
(2) The Attorney-General’s consent under section 104.2 is not required before the request is made.
Note: However, if the Attorney-General’s consent is not obtained before the member makes the request, the Attorney-General’s consent must be obtained within 4 hours of the member making the request (see section 104.10).
Note: The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2).
(5) The information and the explanation included in the request must be sworn or affirmed by the member, but do not have to be sworn or affirmed before the request is made.
Note: Subsection 104.7(5) requires the information and the explanation to be sworn or affirmed within 24 hours.
104.7 Making an urgent interim control order by electronic means
(1) Before making an order in response to a request under section 104.6, the issuing court must:
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(2) If the issuing court is satisfied that an order should be made urgently, the court may complete the same form of order that would be made under sections 104.4 and 104.5.
Procedure after urgent interim control order is made
104.8 Requesting an urgent interim control order in person
(1) A senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the Attorney-General’s consent under section 104.2 if:
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Section 104.9
Note: The Attorney-General’s consent must be obtained within 4 hours of making the request (see section 104.10).
(2) The request must include the following:
Note: The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2).
104.9 Making an urgent interim control order in person
Note: Section 104.10 deals with the Attorney-General’s consent.
104.10 Obtaining the Attorney-General’s consent within 4 hours
(1) If the Attorney-General’s consent to request an interim control order was not first sought before making a request under section 104.6 or 104.8, the senior AFP member who made the
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request must, in accordance with subsection 104.2(3), seek that consent within 4 hours of making the request.
(2) In any case, if the Attorney-General:
within 4 hours of the request being made, the order immediately ceases to be in force.
Note: However, the senior AFP member can vary the request and seek the Attorney-General’s consent to request a new interim control order in relation to the person (see subsection 104.2(5)).
(3) If the order ceases to be in force under subsection (2), the senior AFP member must, as soon as practicable:
104.11 Court to assume that exercise of power not authorised by urgent interim control order
If:
not produced in evidence; the first-mentioned court is to assume, unless the contrary is proved, that the order was not duly made.
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Subdivision D—Confirming an interim control order
104.12 Service, explanation and notification of an interim control order
Service and explanation of an interim control order
Queensland public interest monitor to be given copy of interim control order
(5) If:
Queensland; an AFP member must give to the Queensland public interest monitor a copy of the order.
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104.12A Election to confirm control order
(a) to prejudice national security (within the meaning of the
National Security Information (Criminal and Civil Proceedings) Act 2004); or
officers or intelligence officers. The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.
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(4) If the senior AFP member elects not to confirm the order, and the order has already been served on the person, then:
(iii) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor a copy of the annotated order and the notification.
104.13 Lawyer may request a copy of an interim control order
104.14 Confirming an interim control order
Who may adduce evidence or make submissions
(1) If an election has been made to confirm an interim control order, then, on the day specified as mentioned in paragraph 104.5(1)(e), the following persons may adduce evidence (including by calling witnesses or producing material), or make submissions, to the issuing court in relation to the confirmation of the order:
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(e) if:
the Queensland public interest monitor (unless the monitor is already a representative of the person).
Failure of person or representative etc. to attend
(4) The court may confirm the order without variation if:
Attendance of person or representative etc.
(5) The court may take the action mentioned in subsection (6) or (7) if any of the following persons attend the court on the specified day:
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Note: If the court confirms the interim control order, the court must make a new order under section 104.16.
104.15 When a declaration, or a revocation, variation or confirmation of a control order, is in force
104.16 Terms of a confirmed control order
(1) If the issuing court confirms the interim control order under section 104.14, the court must make a corresponding order that:
(a) states that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d); and
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Note: A confirmed control order that is made in relation to a 16- to 18-year-old must not end more than 3 months after the day on which the interim control order was made (see section 104.28).
(2) Paragraph (1)(d) does not prevent the making of successive control orders in relation to the same person.
104.17 Service of a declaration, or a revocation, variation or confirmation of a control order
As soon as practicable after an interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must serve the declaration, the revocation or the confirmed control order personally on the person.
Subdivision E—Rights in respect of a control order
104.18 Application by the person for a revocation or variation of a control order
(a) the Commissioner of the Australian Federal Police;
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(b) if:
104.19 Application by the AFP Commissioner for a revocation or variation of a control order
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104.20 Revocation or variation of a control order
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(3) An AFP member must serve the revocation or variation personally on the person as soon as practicable after a confirmed control order is revoked or varied.
104.21 Lawyer may request a copy of a control order
104.22 Treatment of photographs and impressions of fingerprints
the photograph or the impression must be destroyed as soon as practicable after the end of that period.
(3) A person commits an offence if:
Penalty: Imprisonment for 2 years.
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Subdivision F—Adding obligations, prohibitions or restrictions to a control order
104.23 Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions
Note 1: A control order cannot be made in relation to a person who is under 16 years of age (see section 104.28).
Note 2: An offence might be committed if the application is false or misleading (see sections 137.1 and 137.2).
(3) The Commissioner must cause:
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substance of the facts, matters and circumstances which will form the basis of the variation of the order; to be given to the following persons:
(3A) To avoid doubt, subsection (3) does not require any information to be given if disclosure of that information is likely:
(a) to prejudice national security (within the meaning of the
National Security Information (Criminal and Civil
Proceedings) Act 2004); or
officers or intelligence officers. The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.
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104.24 Varying a control order
104.25 Terms of a varied control order
If the issuing court varies the control order under section 104.24, the following must be included in the order:
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Section 104.26
104.26 Service and explanation of a varied control order
Subdivision G—Contravening a control order
104.27 Offence for contravening a control order
A person commits an offence if:
Penalty: Imprisonment for 5 years.
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Subdivision H—Miscellaneous
104.28 Special rules for young people
Rule for persons under 16
(1) A control order cannot be requested, made or confirmed in relation to a person who is under 16 years of age.
Rule for persons who are at least 16 but under 18
104.28A Interlocutory proceedings
104.29 Reporting requirements
(1) The Attorney-General must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division during the year ended on that 30 June.
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(2) Without limiting subsection (1), a report relating to a year must include the following matters:
(a) the number of interim control orders made under:
(iii) section 104.9; (aa) the number of interim control orders in respect of which an
election was made under section 104.12A not to confirm the order;
(3) The Attorney-General must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
104.30 Requirement to notify Attorney-General of declarations, revocations or variations
The Commissioner must cause:
(a) the Attorney-General to be notified in writing if:
(iii) a control order is varied under section 104.14, 104.20 or 104.24; and
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(b) the Attorney-General to be given a copy of the varied order (if appropriate).
104.31 Queensland public interest monitor functions and powers not affected
This Division does not affect a function or power that the Queensland public interest monitor, or a Queensland deputy public interest monitor, has under a law of Queensland.
104.32 Sunset provision
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Section 105.1
Division 105—Preventative detention orders
Subdivision A—Preliminary
105.1 Object
The object of this Division is to allow a person to be taken into custody and detained for a short period of time in order to:
Note: Section 105.42 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.
105.2 Issuing authorities for continued preventative detention orders
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105.3 Police officer detaining person under a preventative detention order
If:
the police officer detaining the person; the obligation is imposed at that time on:
Note: See also paragraph 105.27(2)(c).
Subdivision B—Preventative detention orders
105.4 Basis for applying for, and making, preventative detention orders
Note: For the definition of issuing authority, see subsection 100.1(1) and section 105.2.
(a) there are reasonable grounds to suspect that the subject:
(i) will engage in a terrorist act; or
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(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or
(iii) has done an act in preparation for, or planning, a terrorist act; and
105.5 No preventative detention order in relation to person under 16 years of age
(1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.
Note: See also section 105.39 and subsections 105.43(4) to (9) and (11) for the special rules for people who are under 18 years of age.
(2) If:
(a) a person is being detained under a preventative detention order or a purported preventative detention order; and
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(b) the police officer who is detaining the person is satisfied on
reasonable grounds that the person is under 16 years of age; the police officer must:
(3) If:
that the person being detained is under 16 years of age; the senior AFP member must arrange to have the person released, as soon as practicable, from detention under the order or purported order.
105.5A Special assistance for person with inadequate knowledge of English language or disability
If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language:
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105.6 Restrictions on multiple preventative detention orders
Preventative detention orders under this Division
(1) If:
or made, in relation to the person on the basis of assisting in preventing the same terrorist act occurring within that period.
Note: It will be possible to apply for, and make, another initial preventative detention order in relation to the person on the basis of preserving evidence of, or relating to, the terrorist act if it occurs.
(2) If:
the initial preventative detention order referred to in paragraph (a) was made.
(3) If:
or made, in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act.
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Detention orders under corresponding State preventative detention laws
(4) If:
assisting in preventing the same terrorist act occurring within that period.
(5) If:
that became available to be put before an issuing authority only after the order referred to in paragraph (a) was made.
(6) If:
made, under this Division in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act.
105.7 Application for initial preventative detention order
(1) An AFP member may apply to an issuing authority for an initial preventative detention order in relation to a person.
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Note 1: Senior AFP members are issuing authorities for initial preventative detention orders (see the definition of issuing authority in subsection 100.1(1)).
Note 2: For the definition of senior AFP member, see subsection 100.1(1).
(2) The application must:
Note: Sections 137.1 and 137.2 create offences for providing false or misleading information or documents.
(2A) To avoid doubt, paragraph (2)(g) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the
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National Security Information (Criminal and Civil Proceedings) Act 2004).
(3) If:
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the initial preventative detention order referred to in paragraph (a) was made.
Note: See subsection 105.6(2).
(4) If:
the application must also identify the information on which the application is based that became available to be put before an issuing authority only after the order referred to in paragraph (a) was made.
Note: See subsection 105.6(5).
105.8 Senior AFP member may make initial preventative detention order
(1) On application by an AFP member, an issuing authority may make an initial preventative detention order under this section in relation to a person.
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Note 1: Senior AFP members are issuing authorities for initial preventative detention orders (see the definition of issuing authority in subsection 100.1(1)).
Note 2: For the definition of senior AFP member, see subsection 100.1(1).
105.6.
Note: Paragraph (d)—see subsection 105.9(2).
(6A) To avoid doubt, paragraph (6)(e) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
(7) If the person in relation to whom the order is made is:
(a) under 18 years of age; or
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(b) incapable of managing his or her affairs; the order may provide that the period each day for which the person is entitled to have contact with another person under
subsection 105.39(2) is the period of more than 2 hours that is specified in the order.
(8) The senior AFP member nominated under subsection 105.19(5) in relation to the initial preventative detention order must:
105.9 Duration of initial preventative detention order
(1) An initial preventative detention order in relation to a person starts to have effect when it is made.
Note: The order comes into force when it is made and authorises the person to be taken into custody (see paragraph 105.8(3)(a)). The period for which the person may then be detained under the order only starts to run when the person is first taken into custody under the order (see subparagraph 105.8(3)(b)(i)).
(a) the end of:
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(b) the revocation of the order under section 105.17.
Note 1: The order does not cease to have effect merely because the person is released from detention under the order.
Note 2: An AFP member may apply under section 105.11 for a continued preventative detention order in relation to the person to allow the person to continue to be detained for up to 48 hours after the person is first taken into custody under the initial preventative detention order.
105.10 Extension of initial preventative detention order
(1) If:
extension, of the period for which the order is to be in force in relation to the person.
(2) The application must:
Note: Paragraph (b)—see subsections 105.4(4) and (6) for the purpose for which a preventative detention order may be made.
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105.10A Notice of application for continued preventative detention order
An AFP member who proposes to apply for a continued preventative detention order in relation to a person under section 105.11 must, before applying for the order:
Note: The AFP member who applies for the order must put the material before the issuing authority—see subsection 105.11(5).
105.11 Application for continued preventative detention order
(1) If an initial preventative detention order is in force in relation to a person in relation to a terrorist act, an AFP member may apply to an issuing authority in relation to continued preventative detention orders for a continued preventative detention order in relation to the person in relation to the terrorist act.
Note: Certain judges, Federal Magistrates, AAT members and retired judges are issuing authorities for continued preventative detention orders (see the definition of issuing authority in subsection 100.1(1) and section 105.2).
(2) The application must:
(i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
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(ii) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
(iii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;
(iv) the outcomes of all previous applications for revocations of control orders made in relation to the person; and
Note: Sections 137.1 and 137.2 create offences for providing false or misleading information or documents.
(3) Subparagraph (2)(e)(i) does not require the application to set out details in relation to the application that was made for the initial preventative detention order in relation to which the continued preventative detention order is sought.
(3A) To avoid doubt, paragraph (2)(g) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
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105.12 Judge, Federal Magistrate, AAT member or retired judge may make continued preventative detention order
(1) On application by an AFP member, an issuing authority may make a continued preventative detention order under this section in relation to a person if:
Note: Certain judges, Federal Magistrates, AAT members and retired judges are issuing authorities for continued preventative detention orders (see the definition of issuing authority in subsection 100.1(1) and section 105.2).
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(6A) To avoid doubt, paragraph (6)(d) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the
National Security Information (Criminal and Civil Proceedings)
Act 2004).
(7) If the person in relation to whom the order is made is:
subsection 105.39(2) is the period of more than 2 hours that is specified in the order.
(8) The senior AFP member nominated under subsection 105.19(5) in relation to the continued preventative detention order must:
105.13 Duration of continued preventative detention order
(1) A continued preventative detention order in relation to a person starts to have effect when it is made.
Note: The order comes into force when it is made. The period for which the person may be detained under the order, however, only starts to run when the period during which the person may be detained under the initial preventative detention order ends (see paragraph 105.12(3)(a)).
(2) A continued preventative detention order in relation to a person ceases to have effect when whichever of the following first occurs:
(a) the end of:
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(b) the revocation of the order under section 105.17.
Note: The order does not cease to have effect merely because the person is released from detention under the order.
105.14 Extension of continued preventative detention order
(1) If:
relation to the person; an AFP member may apply to an issuing authority for continued preventative detention orders for an extension, or a further extension, of the period for which the continued preventative detention order is to be in force in relation to the person.
(2) The application must:
Note: Paragraph (b)—see subsections 105.4(4) and (6) for the purpose for which a preventative detention order may be made.
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105.14A Basis for applying for, and making, prohibited contact order
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(iii) the service on a person of a control order.
(5) An issuing authority may refuse to make a prohibited contact order unless the AFP member applying for the order gives the issuing authority any further information that the issuing authority requests concerning the grounds on which the order is sought.
105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)
Note: Section 105.14A sets out the basis on which the order may be made.
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105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force)
Note: Section 105.14A sets out the basis on which the order may be made.
105.17 Revocation of preventative detention order or prohibited contact order
Preventative detention order
(1) If:
(a) a preventative detention order is in force in relation to a person; and
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(b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist;
the police officer must:
(2) If:
the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the order.
(3) If:
the issuing authority must revoke the order.
Prohibited contact order
(4) If:
the police officer must:
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(5) If:
the senior AFP member must apply to an issuing authority for preventative detention orders of that kind for the revocation of the prohibited contact order.
(6) If:
the issuing authority must revoke the prohibited contact order.
Detainee’s right to make representations about revocation of preventative detention order
(7) A person being detained under a preventative detention order may make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked.
105.18 Status of person making continued preventative detention order
(1) An issuing authority who makes:
(a) a continued preventative detention order; or
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(b) a prohibited contact order in relation to a person’s detention
under a continued preventative detention order; has, in the performance of his or her duties under this Subdivision, the same protection and immunity as a Justice of the High Court.
(2) A function of:
that is conferred on a judge, a Federal Magistrate or a member of the Administrative Appeals Tribunal is conferred on the judge, Federal Magistrate or member of the Administrative Appeals Tribunal in a personal capacity and not as a court or a member of a court.
Subdivision C—Carrying out preventative detention orders
105.19 Power to detain person under preventative detention order
General powers given by preventative detention order
offence means:
(a) if the police officer is an AFP member—an offence against a law of the Commonwealth; or
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(b) if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.
(4) Subsection (2) does not apply to the extent to which particular powers, and the obligations associated with those powers, are provided for in this Subdivision or Subdivision D or E.
Nominated senior AFP member
105.39(2); are entitled to make representations to the nominated senior AFP member in relation to:
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(9) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner’s powers under subsection (5).
105.20 Endorsement of order with date and time person taken into custody
As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must endorse on the order the date on which, and time at which, the person is first taken into custody under the order.
105.21 Requirement to provide name etc.
under that subsection; the person must not:
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Penalty: 20 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3)).
(4) If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following:
number; the police officer must not:
Penalty: 5 penalty units.
105.22 Power to enter premises
(1) Subject to subsection (2), if:
person is on any premises; the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.
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dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.
105.23 Power to conduct a frisk search
A police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items:
105.24 Power to conduct an ordinary search
A police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds that the person is carrying:
when the person is taken into custody, and seize any such thing found as a result of the search.
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Section 105.25
105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
Note: If the police officer is not an AFP member, the police officer will need to obtain the approval of a senior AFP member before releasing the person from detention (see subsection 105.26(2)).
(4) To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be:
questioning; does not extend the period for which the preventative detention order remains in force in relation to the person.
Note: See paragraph 105.26(7)(a).
105.26 Release of person from preventative detention
(1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.
Note: A person may be released, for example, so that the person may be arrested and otherwise dealt with under the provisions of Division 4 of Part IAA, and Part IC, of the Crimes Act 1914.
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Note: During this period, the provisions of this Division that apply to a person who is being detained under a preventative detention order (for example, section 105.34 which deals with the people the person may contact) do not apply to the person.
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Section 105.27
(7) To avoid doubt:
Note: Paragraph (a)—this means that the time for which the person may be detained under the order continues to run while the person is released.
105.27 Arrangement for detainee to be held in State or Territory prison or remand centre
that prison or remand centre; were a person exercising authority under the order or implementing or enforcing the order; and
(c) the senior AFP member who makes the arrangement is taken, while the subject is detained at the prison or remand centre, to be the AFP member detaining the subject for the purposes of Subdivisions D and E of this Division.
(3) The arrangement under subsection (1) may include provision for the Commonwealth meeting the expenses of the subject’s detention at the prison or remand centre.
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Subdivision D—Informing person detained about preventative detention order
105.28 Effect of initial preventative detention order to be explained to person detained
(1) As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).
Note 1: A contravention of this subsection may be an offence under section 105.45.
Note 2: A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see subsection 105.31(5)).
(2) The matters covered by this subsection are:
(da) the person’s entitlement under subsection 105.17(7) to make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked; and
(e) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:
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Section 105.28
(ea) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:
Note: Paragraph (g)—see section 105.51.
(2A) Without limiting paragraph (2)(c), the police officer detaining the person under the order must inform the person under that paragraph about the persons that he or she may contact under section 105.35 or 105.39.
(3) Paragraph (2)(c) does not require the police officer to inform the person being detained of:
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105.29 Effect of continued preventative detention order to be explained to person detained
(1) As soon as practicable after a continued preventative detention order (the continued order) is made in relation to a person, the police officer who is detaining the person must inform the person of the matters covered by subsection (2).
Note 1: A contravention of this subsection may be an offence under section 105.45.
Note 2: A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see subsection 105.31(5)).
(2) The matters covered by this subsection are:
(ca) the person’s entitlement under subsection 105.17(7) to make representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order with a view to having the order revoked; and
(d) any right the person has to make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to:
(da) any right the person has to give information under section 40SA of the Australian Federal Police Act 1979 in relation to:
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Section 105.30
Note: Paragraph (f)—see section 105.51.
(2A) Without limiting paragraph (2)(c), the police officer detaining the person under the order must inform the person under that paragraph about the persons that he or she may contact under section 105.35 or 105.39.
(3) Paragraph (2)(c) does not require the police officer to inform the person being detained of:
105.30 Person being detained to be informed of extension of preventative detention order
If a preventative detention order is extended, or further extended, under section 105.10 or 105.14, the police officer detaining the person under the order must inform the person of the extension, or further extension, as soon as practicable after the extension, or further extension, is made.
Note 1: A contravention of this subsection may be an offence under section 105.45.
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Note 2: A contravention of this subsection does not affect the lawfulness of the person’s detention under the order (see subsection 105.31(5)).
105.31 Compliance with obligations to inform
(1) Subsection 105.28(1) or 105.29(1) or section 105.30 does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that subsection.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3)).
105.32 Copy of preventative detention order
(1) As soon as practicable after a person is first taken into custody under an initial preventative detention order, the police officer who is detaining the person under the order must give the person a copy of the order.
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Section 105.32
section 105.10 or 105.14; to be given to a lawyer acting for the person in relation to the order.
Note 1: Section 105.37 deals with the person’s right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.
Note 2: Section 105.40 prevents the person from contacting a lawyer who is specified in a prohibited contact order.
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must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.
(12) The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (5), (7) or (11).
Subdivision E—Treatment of person detained
105.33 Humane treatment of person being detained
A person being taken into custody, or being detained, under a preventative detention order:
treatment; by anyone exercising authority under the order or implementing or enforcing the order.
Note: A contravention of this section may be an offence under section 105.45.
105.33A Detention of persons under 18
(1) Subject to subsection (2), the police officer detaining a person who is under 18 years of age under a preventative detention order must ensure that the person is not detained together with persons who are 18 years of age or older.
Note: A contravention of this subsection may be an offence under section 105.45.
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Section 105.34
105.34 Restriction on contact with other people
Except as provided by sections 105.35, 105.36, 105.37 and 105.39, while a person is being detained under a preventative detention order, the person:
Note 1: This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A person’s entitlement to contact other people under sections 105.35,
105.37 and 105.39 may be subject to a prohibited contact order made under section 105.15 or 105.16 (see section 105.40).
105.35 Contacting family members etc.
(1) The person being detained is entitled to contact:
family members of the person being detained; that other person or one of those other people; and
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agrees to the person contacting another person—that person; by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.
family member of a person means:
105.36 Contacting Ombudsman etc.
(1) The person being detained is entitled to contact:
Note 1: Subsections 7(3) to (5) of the Ombudsman Act 1976 provide for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.
Note 2: Section 40SB of the Australian Federal Police Act 1979 provides for the manner in which a person who is in custody may give information under section 40SA of that Act.
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Section 105.37
(2) If the person being detained has the right, under a law of a State or Territory, to complain to an officer or authority of the State or Territory about the treatment of the person by a member of the police force of that State or Territory in connection with the person’s detention under the order, the person is entitled to contact that officer or authority to make a complaint in accordance with that law.
105.37 Contacting lawyer
(1) The person being detained is entitled to contact a lawyer but solely for the purpose of:
(ca) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to:
(i) the application for, or the making of, the preventative detention order; or
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(ii) the treatment of the person by an AFP member in connection with the person’s detention under the order; or
reasonable assistance to choose another lawyer for the person to contact under subsection (1).
(3A) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that:
lawyer because of that inability; the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).
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Section 105.38
105.38 Monitoring contact under section 105.35 or 105.37
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for a purpose referred to in paragraph 105.37(1)(a), (b), (c), (ca),
(d) or (e) is not admissible in evidence against the person in any proceedings in a court.
105.39 Special contact rules for person under 18 or incapable of managing own affairs
(iii) the period for which the detainee is being detained.
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Section 105.39
Note: Paragraph (b)—see subsections 105.8(7) and 105.12(7).
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105.40 Entitlement to contact subject to prohibited contact order
Sections 105.35, 105.37 and 105.39 have effect subject to any prohibited contact order made in relation to the person’s detention.
105.41 Disclosure offences
Person being detained
(1) A person (the subject) commits an offence if:
Penalty: Imprisonment for 5 years.
Lawyer
(2) A person (the lawyer) commits an offence if:
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Section 105.41
(iia) the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or
(iii) a complaint to an officer or authority of a State or Territory about the treatment of the detainee by a member of the police force of that State or Territory in connection with the detainee’s detention under the order; or
(iv) making representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order, or another police officer involved in the detainee’s detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order.
Penalty: Imprisonment for 5 years.
Person having special contact with detainee who is under 18 years of age or incapable of managing own affairs
(3) A person (the parent/guardian) commits an offence if:
(i) the fact that a preventative detention order has been made in relation to the detainee; or
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(ii) the fact that the detainee is being detained; or
(iii) the period for which the detainee is being detained; or
(iv) any information that the detainee gives the parent/guardian in the course of the contact; and
(i) a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or
(ia) the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to the application for, or the making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee’s detention under the order; or
(ii) a complaint to an officer or authority of a State or Territory about the treatment of the detainee by a member of the police force of that State or Territory in connection with the detainee’s detention under the order; or
(iii) making representations to the senior AFP member nominated under subsection 105.19(5) in relation to the order, or another police officer involved in the detainee’s detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order.
Penalty: Imprisonment for 5 years.
(4) To avoid doubt, a person does not contravene subsection (3) merely by letting another person know that the detainee is safe but is not able to be contacted for the time being.
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Section 105.41
(4A) A person (the parent/guardian) commits an offence if:
Penalty: Imprisonment for 5 years.
(4B) If:
that senior AFP member may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 105.39.
Note: The parent/guardian may commit an offence against subsection (2) if the other parent/guardian is a person the detainee is not entitled to have contact with under section 105.39 and the parent/guardian does disclose information of that kind to the other parent/guardian. This is because of the operation of paragraph (3)(c).
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Interpreter assisting in monitoring contact with detainee
(5) A person (the interpreter) commits an offence if:
Penalty: Imprisonment for 5 years.
Passing on improperly disclosed information
(6) A person (the disclosure recipient) commits an offence if:
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Section 105.42
Penalty: Imprisonment for 5 years.
Police officer or interpreter monitoring contact with lawyer
(7) A person (the monitor) commits an offence if:
(a) the monitor is:
section 105.37 while the detainee is being detained under the order; and
Penalty: Imprisonment for 5 years.
Note: See also subsection 105.38(5).
105.42 Questioning of person prohibited while person is detained
(1) A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of:
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Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
(2) An officer or employee of the Australian Security Intelligence Organisation must not question a person while the person is being detained under a preventative detention order.
Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
(3) An AFP member, or an officer or employee of the Australian Security Intelligence Organisation, must not question a person while the person is being detained under an order made under a corresponding State preventative detention law.
Note 1: This subsection will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
Note 2: A contravention of this subsection may be an offence under section 105.45.
(4) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that:
Note: A contravention of this subsection may be an offence under section 105.45.
(5) Subsection (4) does not apply if:
(a) the questioning occurs to:
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Section 105.43
(b) complying with subsection (4) is not practicable because of the seriousness and urgency of the circumstances in which the questioning occurs.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
(6) A recording made under subsection (4) must be kept for the period of 12 months after the recording is made.
105.43 Taking fingerprints, recordings, samples of handwriting or photographs
(1) A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section.
Note: A contravention of this subsection may be an offence under section 105.45.
Note: A contravention of this subsection may be an offence under section 105.45.
(5) In deciding whether to make such an order, the Federal Magistrate must have regard to:
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(6) The taking of identification material from a person who:
Note 1: For appropriate person, see subsection (11).
Note 2: A contravention of this subsection may be an offence under section 105.45.
(7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if:
Magistrate orders that the material be taken. In deciding whether to make such an order, the Federal Magistrate must have regard to the matters set out in subsection (5).
another appropriate person; agrees in writing to the taking of the material.
Note: For appropriate person, see subsection (11).
(10) Despite this section, identification material may be taken from a person who:
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Section 105.44
(11) A reference in this section to an appropriate person in relation to a person (the subject) who is under 18 years of age, or incapable of managing his or her affairs, is a reference to a person who:
(iii) a member (however described) of a police force of a State or Territory;
(iv) an officer or employee of the Australian Security Intelligence Organisation.
105.44 Use of identification material
Note: A contravention of this subsection may be an offence under section 105.45.
(3) If:
person’s detention under the order; have not been brought, or have been brought and discontinued or completed, within that period;
the material must be destroyed as soon as practicable after the end of that period.
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105.45 Offences of contravening safeguards
A person commits an offence if:
(iii) section 105.30; or
(vii) subsection 105.44(2).
Penalty: Imprisonment for 2 years.
Subdivision F—Miscellaneous
105.46 Nature of functions of Federal Magistrate
105.47 Annual report
(1) The Attorney-General must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division during the year ended on that 30 June.
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Section 105.48
105.48 Certain functions and powers not affected
This Division does not affect:
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105.49 Queensland public interest monitor functions and powers not affected
This Division does not affect a function or power that the Queensland public interest monitor, or a Queensland deputy public interest monitor, has under a law of Queensland.
105.50 Law relating to legal professional privilege not affected
To avoid doubt, this Division does not affect the law relating to legal professional privilege.
105.51 Legal proceedings in relation to preventative detention orders
Note: See paragraph (dac) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977.
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Section 105.52
(5) An application may be made to the Administrative Appeals Tribunal for review of:
The application cannot be made while the order is in force.
105.52 Review by State and Territory courts
(1) This section applies if:
(a) a person is detained under a preventative detention order (the Commonwealth order) that is made on the basis of:
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(a) the person applies to the court for:
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Section 105.53
(b) the person applies to the court for an order under this
subsection; the court may order the Commissioner of the Australian Federal Police to give the court, and the parties to the proceedings, the information that was put before the person who issued the Commonwealth order when the application for the Commonwealth order was made.
105.53 Sunset provision
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Division 106—Transitional provisions
106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation
(1) If:
commencement; the regulations have effect, after commencement, as if they had been made for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1), as in force after commencement.
(2) In this section, commencement means the commencement of this section.
106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
(1) If:
commencement; the regulations continue to have effect, after commencement, as if they had been made for the purposes of that paragraph, as in force after commencement.
(2) In this section, commencement means the commencement of this section.
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Section 106.3
106.3 Application provision
The amendments to this Code made by Schedule 1 to the Anti-Terrorism Act 2005 apply to offences committed:
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Part 5.4—Harming Australians
Division 115—Harming Australians
115.1 Murder of an Australian citizen or a resident of Australia
(1) A person is guilty of an offence if:
Penalty: Imprisonment for life.
(2) Absolute liability applies to paragraph (1)(c).
115.2 Manslaughter of an Australian citizen or a resident of Australia
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 25 years.
(2) Absolute liability applies to paragraphs (1)(b) and (c).
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Section 115.3
115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 20 years.
(2) Absolute liability applies to paragraph (1)(c).
115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 15 years.
(2) Absolute liability applies to paragraph (1)(c).
115.5 Saving of other laws
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.
115.6 Bringing proceedings under this Division
(1) Proceedings for an offence under this Division must not be commenced without the Attorney-General’s written consent.
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(2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.
115.7 Ministerial certificates relating to proceedings
(1) A Minister who administers one or more of the following Acts:
may issue a certificate stating that a person is or was an Australian citizen or a resident of Australia at a particular time.
(2) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.
115.8 Geographical jurisdiction
Each offence against this Division applies:
115.9 Meaning of causes death or harm
In this Division, a person’s conduct causes death or harm if it substantially contributes to the death or harm.
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Section 130.1
Chapter 7—The proper administration of Government
Part 7.1—Preliminary
Division 130—Preliminary
130.1 Definitions
In this Chapter:
duty:
gain means:
loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.
obtaining includes:
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property includes:
(iii) reduced (or in the course of being reduced) into the possession of a person.
services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities, but does not include rights or benefits being the supply of goods.
supply includes:
Note: The expression person includes a Commonwealth entity. This is the combined effect of paragraph 22(1)(a) of the Acts Interpretation Act 1901 (which provides that person includes a body politic or corporate), and the definition of person in the Dictionary.
130.2 When property belongs to a person
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Section 130.3
130.3 Dishonesty
For the purposes of this Chapter, dishonest means:
standards of ordinary people. Note: The following provisions affect the meaning of dishonesty:
130.4 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Chapter, the determination of dishonesty is a matter for the trier of fact.
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Part 7.2—Theft and other property offences
Division 131—Theft
131.1 Theft
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Note: For alternative verdicts, see sections 132.1 and 134.1.
131.2 Special rules about the meaning of dishonesty
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Section 131.3
131.3 Appropriation of property
131.4 Theft of land or things forming part of land
131.5 Trust property
(1) For the purposes of this Division, if property is subject to a trust, the persons to whom the property belongs include any person who has a right to enforce the trust.
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(2) Accordingly, for the purposes of this Division, an intention to defeat the trust is an intention to deprive any such person of the property.
131.6 Obligation to deal with property in a particular way
For the purposes of this Division, if:
the property or proceeds belong (as against the person) to the other.
131.7 Property obtained because of fundamental mistake
(1) For the purposes of this Division, if:
whole or in part) of the property, its proceeds or value; then, to the extent of that obligation, the property or proceeds belongs (as against the person) to the person entitled to restoration.
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Section 131.8
(4) In this section:
money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.
131.8 Property of a corporation sole
For the purposes of this Division, property of a corporation sole belongs to the corporation despite a vacancy in the corporation.
131.9 Property belonging to 2 or more persons
If property belongs to 2 or more persons, a reference in this Division (other than paragraph 131.1(1)(b)) to the person to whom the property belongs is a reference to all of those persons.
131.10 Intention of permanently depriving a person of property
(1) For the purposes of this Division, if:
to dispose of regardless of the other’s rights; the person has the intention of permanently depriving the other of it.
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the parting is taken to amount to treating the property as the person’s own to dispose of regardless of the other’s rights.
Note: See also paragraph 131.7(2)(a).
131.11 General deficiency
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.2 Theft and other property offences Division 132 Other property offences
Section 132.1
Division 132—Other property offences
132.1 Receiving
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew or believed that the property belonged to a Commonwealth entity.
Stolen property
(3) For the purposes of this section, property is stolen property if, and only if:
(a) it is original stolen property (as defined by subsection (5)); or
(aa) it is previously received property (as defined by subsection (5A)); or
(b) it is tainted property (as defined by subsection (7)). This subsection has effect subject to subsections (4) and (6).
(4) For the purposes of this section, stolen property does not include land obtained in the course of an offence against section 134.1.
Original stolen property
(5) For the purposes of this section, original stolen property is:
(a) property, or a part of property, that:
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(b) property, or a part of property, that:
Previously received property
(5A) For the purposes of this section, previously received property is property that:
(6) For the purposes of this section, property ceases to be original stolen property or previously received property:
Tainted property
(7) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for:
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.2 Theft and other property offences Division 132 Other property offences
Section 132.1
Money transfers
(8) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10), an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1:
Note: Subsections 134.1(9) and (10) deal with money transfers.
Alternative verdicts
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satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft or an offence against section 134.1, the trier of fact may find the defendant not guilty of the offence of receiving but guilty of the offence of theft or the section 134.1 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving property stolen before commencement
(11) For the purposes of this section:
Obtaining
(12) The definition of obtaining in section 130.1 does not apply to this section.
Note: See subsection 134.1(3).
Definition
(13) In this section:
account has the same meaning as in section 133.1.
132.2 Robbery
(1) A person is guilty of an offence if the person commits theft and:
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Section 132.3
Penalty: Imprisonment for 15 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of robbery.
Note: Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
132.3 Aggravated robbery
(1) A person is guilty of an offence if the person:
Penalty: Imprisonment for 20 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated robbery.
Note: Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) In this section:
offensive weapon includes:
(a) an article made or adapted for use for causing injury to, or incapacitating, a person; or
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(b) an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.
132.4 Burglary
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 13 years.
(2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.
(2A) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3) A person is guilty of an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.
Penalty: Imprisonment for 13 years.
(3A) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
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Section 132.4
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and
Penalty: Imprisonment for 13 years.
(6A) In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.
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(12) In this section:
building includes:
132.5 Aggravated burglary
(1) A person is guilty of an offence if the person:
Penalty: Imprisonment for 17 years.
(a) the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or
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Section 132.6
(6) In this section:
offensive weapon includes:
132.6 Making off without payment
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
132.7 Going equipped for theft or a property offence
(1) A person is guilty of an offence if the person, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.
Penalty: Imprisonment for 3 years.
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(2) In a prosecution for an offence against subsection (1) in relation to:
it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.
(3) In a prosecution for an offence against subsection (1) in relation to:
of burglary created by subsection 132.4(3); it is not necessary to prove that:
(4) In a prosecution for an offence against subsection (1) in relation to:
of burglary created by subsection 132.4(6); it is not necessary to prove that:
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Section 132.8
(5) In this section:
property offence means:
Note: It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.
132.8 Dishonest taking or retention of property
Taking
(1) A person is guilty of an offence if the person:
Penalty: Imprisonment for 2 years.
Retention
(2) A person is guilty of an offence if the person:
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(d) either:
Penalty: Imprisonment for 2 years.
132.9 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.3 Fraudulent conduct Division 133 Preliminary
Section 133.1
Part 7.3—Fraudulent conduct
Division 133—Preliminary
133.1 Definitions
In this Part:
account means an account (including a loan account, a credit card account or a similar account) with a bank or other financial institution.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
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Division 134—Obtaining property or a financial advantage by deception
134.1 Obtaining property by deception
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Obtaining property
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.3 Fraudulent conduct Division 134 Obtaining property or a financial advantage by deception
Section 134.1
Intention of permanently depriving a person of property
(6) For the purposes of this section, if:
to dispose of regardless of the other’s rights; the person has the intention of permanently depriving the other of it.
without the other’s authority; the parting is taken to amount to treating the property as the person’s own to dispose of regardless of the other’s rights.
Money transfers
(9) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), if a person (the first person) causes an amount to be transferred from an account held by another person (the second person) to an account held by the first person:
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the amount of the credit is taken to be transferred from the debited account to the credited account.
(12) For the purposes of this section (and for the purposes of the application of section 132.1 to this section), a person is taken to cause an amount to be transferred from an account if the person induces another person to transfer the amount from the account (whether or not the other person is the holder of the account).
General deficiency
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.3 Fraudulent conduct Division 134 Obtaining property or a financial advantage by deception
Section 134.2
Alternative verdicts
134.2 Obtaining a financial advantage by deception
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
134.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
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Division 135—Other offences involving fraudulent conduct
135.1 General dishonesty
Obtaining a gain
Causing a loss
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Section 135.2
(6) Absolute liability applies to the paragraph (5)(c) element of the offence.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
Penalty: Imprisonment for 5 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
135.2 Obtaining financial advantage
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and (aa) as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and
(ab) the person knows or believes that he or she is not eligible to receive that financial advantage; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.
(2) A person is guilty of an offence if:
(a) the person engages in conduct; and (aa) as a result of that conduct, the person obtains a financial advantage for another person from a third person; and
(ab) the person knows or believes that the other person is not eligible to receive that financial advantage; and
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(b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 12 months.
(2A) Absolute liability applies to the paragraph (2)(b) element of the offence.
135.4 Conspiracy to defraud
Obtaining a gain
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Causing a loss
(3) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
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Section 135.4
(5) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
Influencing a Commonwealth public official
(7) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
General provisions
(9) For a person to be guilty of an offence against this section:
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135.5 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.4 False or misleading statements Division 136 False or misleading statements in applications
Section 136.1
Part 7.4—False or misleading statements
Division 136—False or misleading statements in applications
136.1 False or misleading statements in applications
Knowledge
(1) A person is guilty of an offence if:
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii) and (iii) elements of the offence.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.
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Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
Recklessness
(4) A person is guilty of an offence if:
(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 6 months.
(4A) Absolute liability applies to each of the subparagraph (4)(d)(i), (ii) and (iii) elements of the offence.
(5) Subsection (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.4 False or misleading statements Division 136 False or misleading statements in applications
Section 136.1
(6) Subsection (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3).
Alternative verdicts
(7) If, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (4), the trier of fact may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (4), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Geographical jurisdiction
(8) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (4).
Definitions
(9) In this section:
benefit includes any advantage and is not limited to property.
wheat export accreditation scheme has the same meaning as in the Wheat Export Marketing Act 2008.
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Division 137—False or misleading information or documents
137.1 False or misleading information
(1) A person is guilty of an offence if:
(iii) the information is given in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to each of the subparagraph (1)(c)(i), (ii) and (iii) elements of the offence.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
(4) Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take
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Section 137.2
reasonable steps to inform the person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).
(5) Subsection (1) does not apply as a result of subparagraph (1)(c)(ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) For the purposes of subsections (4) and (5), it is sufficient if the
following form of words is used: “Giving false or misleading information is a serious offence”.
137.2 False or misleading documents
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
(a) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and
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(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
137.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.5 Unwarranted demands Division 138 Preliminary
Section 138.1
Part 7.5—Unwarranted demands
Division 138—Preliminary
138.1 Unwarranted demand with menaces
138.2 Menaces
(1) For the purposes of this Part, menaces includes:
Threat against an individual
(2) For the purposes of this Part, a threat against an individual is taken not to be menaces unless:
(a) both:
(i) the threat would be likely to cause the individual to act unwillingly; and
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(ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or
(b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.
Threat against a person who is not an individual
(3) For the purposes of this Part, a threat against a person who is not an individual is taken not to be menaces unless:
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Section 139.1
Division 139—Unwarranted demands
139.1 Unwarranted demands of a Commonwealth public official
A person is guilty of an offence if:
(iii) influencing the official in the exercise of the official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.2 Unwarranted demands made by a Commonwealth public official
A Commonwealth public official is guilty of an offence if:
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(iii) influencing another Commonwealth public official in the exercise of the other official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Division.
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.6 Bribery and related offences Division 140 Preliminary
Section 140.1
Part 7.6—Bribery and related offences Division 140—Preliminary
140.1 Definition
In this Part: benefit includes any advantage and is not limited to property.
140.2 Obtaining
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Division 141—Bribery
141.1 Bribery of a Commonwealth public official
Giving a bribe
Receiving a bribe
(3) A Commonwealth public official is guilty of an offence if:
(a) the official dishonestly:
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
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Section 141.1
(b) the official does so with the intention:
Geographical jurisdiction
(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3).
Penalty for individual
(5) An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
Penalty for body corporate
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Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.6 Bribery and related offences Division 142 Offences relating to bribery
Section 142.1
Division 142—Offences relating to bribery
142.1 Corrupting benefits given to, or received by, a Commonwealth public official
Giving a corrupting benefit
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
Receiving a corrupting benefit
(3) A Commonwealth public official is guilty of an offence if:
(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
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(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
Benefit in the nature of a reward
(4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.
142.2 Abuse of public office
(1) A Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 5 years.
(2) A person is guilty of an offence if:
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Section 142.3
(c) the person does so with the intention of:
Penalty: Imprisonment for 5 years.
(3) Paragraph (2)(a) applies to a cessation by a person:
142.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
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Part 7.7—Forgery and related offences
Division 143—Preliminary
143.1 Definitions
(1) In this Part:
document includes:
false Commonwealth document has the meaning given by section 143.3.
false document has the meaning given by section 143.2.
information means information, whether in the form of data, text, sounds, images or in any other form.
(2) The following are examples of things covered by the definition of document in subsection (1):
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.7 Forgery and related offences Division 143 Preliminary
Section 143.2
143.2 False documents
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143.3 False Commonwealth documents
(1) For the purposes of this Part, a document is a false Commonwealth document if, and only if:
Schedule The Criminal Code Chapter 7 The proper administration of Government Part 7.7 Forgery and related offences Division 143 Preliminary
Section 143.4
at which, at a place at which, or otherwise in circumstances
in which, it was not made or altered.
143.4 Inducing acceptance of false documents
If it is necessary for the purposes of this Part to prove an intent to induce a person in the person’s capacity as a public official to accept a false document as genuine, it is not necessary to prove that the defendant intended so to induce a particular person in the person’s capacity as a public official.
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Division 144—Forgery
144.1 Forgery
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
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Section 144.1
(5) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
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Division 145—Offences relating to forgery
145.1 Using forged document
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
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Section 145.2
(5) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
145.2 Possession of forged document
(1) A person is guilty of an offence if:
(a) the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
(i) to dishonestly induce a third person in the third person’s capacity as a public official to accept it as genuine; and
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(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the capacity is a capacity as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
Penalty: Imprisonment for 10 years.
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Section 145.3
Penalty: Imprisonment for 10 years.
(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
145.3 Possession, making or adaptation of devices etc. for making forgeries
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
(2) A person is guilty of an offence if:
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(whether or not the device, material or thing is designed or adapted for another purpose); and
(c) the person makes or adapts the device, material or thing with the intention that the person or another person will use it to commit an offence against section 144.1.
Penalty: Imprisonment for 10 years.
(3) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
Note: A defendant bears an evidential burden in relation to the matter in paragraph (3)(c). See subsection 13.3(3).
(4) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
Note: See also section 10.5 (lawful authority).
145.4 Falsification of documents etc.
(1) A person is guilty of an offence if:
(i) kept, retained or issued for the purposes of a law of the Commonwealth; or
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(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
(c) the first-mentioned person does so with the intention of:
Penalty: Imprisonment for 7 years.
(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 7 years.
(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
145.5 Giving information derived from false or misleading documents
(1) A person is guilty of an offence if:
(i) kept, retained or issued for the purposes of a law of the Commonwealth; or
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(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
(d) the first-mentioned person does so with the intention of:
Penalty: Imprisonment for 7 years.
(1A) Absolute liability applies to the paragraph (1)(c) element of the offence.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 7 years.
(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
145.6 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
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Section 146.1
Part 7.8—Causing harm to, and impersonation and obstruction of, Commonwealth public officials
Division 146—Preliminary
146.1 Definitions
In this Part:
Commonwealth law enforcement officer means a person who is:
(a) a member or special member of the Australian Federal Police; or (aa) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or
(ab) a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or
(b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002; or
(ba) an examiner (within the meaning of that Act); or
fear includes apprehension.
harm means:
permanent); but does not include being subjected to a force or impact that is within the limits of what is reasonably acceptable as incidental to:
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harm to a person’s mental health includes significant psychological harm to the person, but does not include a reference to ordinary emotional reactions (for example, distress, grief, fear or anger).
physical harm includes:
serious harm means any harm (including the cumulative effect of more than one harm) that:
146.2 Causing harm
For the purposes of this Part, a person’s conduct is taken to cause harm if it substantially contributes to harm.
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Section 147.1
Division 147—Causing harm to Commonwealth public officials
147.1 Causing harm to a Commonwealth public official etc.
Causing harm to a Commonwealth public official
(1) A person (the first person) is guilty of an offence if:
(eb) if subparagraph (e)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
(ec) if subparagraph (e)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official’s capacity as a Commonwealth public official.
Penalty:
(1A) Absolute liability applies to the paragraphs (1)(ea), (eb) and (ec) elements of the offence.
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(1B) If:
officer or a Commonwealth law enforcement officer; a court of summary jurisdiction may, with the consent of the defendant and the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.
(1C) If a court of summary jurisdiction convicts a person of an offence against subsection (1) in accordance with subsection (1B), the penalty that the court may impose is a sentence of imprisonment not exceeding 2 years or a fine not exceeding 120 penalty units, or both.
Causing harm to a former Governor-General, former Minister or
former Parliamentary Secretary
(2) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years.
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147.2 Threatening to cause harm to a Commonwealth public official etc.
Threatening to cause serious harm
(1) A person (the first person) is guilty of an offence if:
(db) if subparagraph (d)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
(dc) if subparagraph (d)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official’s capacity as a Commonwealth public official.
Penalty:
(1A) Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.
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Threatening to cause harm
(2) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 2 years
(2A) Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.
Threatening to cause serious harm to a former Governor-General, former Minister or former Parliamentary Secretary
(3) A person (the first person) is guilty of an offence if:
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Penalty: Imprisonment for 7 years.
Threats
(4) For the purposes of this section, a threat may be:
Unnecessary to prove that a threatened person actually feared harm
(5) In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
147.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Division.
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Division 148—Impersonation of Commonwealth public officials
148.1 Impersonation of an official by a non-official
(1) A person other than a Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 2 years.
(2) A person other than a Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 2 years.
(2A) For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
(3) A person other than a Commonwealth public official is guilty of an offence if:
(i) obtaining a gain; or
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Section 148.2
(ii) causing a loss; or
(iii) influencing the exercise of a public duty or function; and
(c) if subparagraph (a)(i) applies—the first-mentioned person also does so with intent to deceive.
Penalty: Imprisonment for 5 years.
(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
148.2 Impersonation of an official by another official
(1) A Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 2 years.
(2) A Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 2 years.
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(2A) For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
(3) A Commonwealth public official is guilty of an offence if:
Penalty: Imprisonment for 5 years.
(3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
148.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C)
applies to each offence against this Division.
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Section 149.1
Division 149—Obstruction of Commonwealth public officials
149.1 Obstruction of Commonwealth public officials
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
function:
(a) in relation to a person who is a public official—means any authority, duty, function or power that is conferred on the person as a public official; or
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(b) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.
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Section 261.1
Part 7.20—Miscellaneous
Division 261—Miscellaneous
261.1 Saving of other laws
This Chapter is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
261.2 Contempt of court
This Chapter does not limit the power of a court to punish a contempt of the court.
261.3 Ancillary offences
To avoid doubt, subsection 11.6(2) does not apply to the following provisions:
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Section 268.1
Chapter 8—Offences against humanity and related offences
Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision A—Introductory
268.1 Purpose of Division
268.2 Outline of offences
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Subdivision B—Genocide
268.3 Genocide by killing
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.4 Genocide by causing serious bodily or mental harm
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) In subsection (1):
causes serious bodily or mental harm includes, but is not restricted to, commits acts of torture, rape, sexual violence or inhuman or degrading treatment.
268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
(1) A person (the perpetrator) commits an offence if:
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Section 268.6
Penalty: Imprisonment for life.
(2) In subsection (1):
conditions of life includes, but is not restricted to, intentional deprivation of resources indispensable for survival, such as deprivation of food or medical services, or systematic expulsion from homes.
268.6 Genocide by imposing measures intended to prevent births
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.7 Genocide by forcibly transferring children
(1) A person (the perpetrator) commits an offence if:
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Section 268.8
(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.
Penalty: Imprisonment for life.
(2) In subsection (1):
forcibly transfers one or more persons includes transfers one or more persons:
Subdivision C—Crimes against humanity
268.8 Crime against humanity—murder
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.9 Crime against humanity—extermination
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
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Section 268.10
(2) In subsection (1):
causes the death of includes causes death by intentionally inflicting conditions of life (such as the deprivation of access to food or medicine) intended to bring about the destruction of part of a population.
268.10 Crime against humanity—enslavement
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
exercises any or all of the powers attaching to the right of ownership over a person includes purchases, sells, lends or barters a person or imposes on a person a similar deprivation of liberty and also includes exercise a power arising from a debt incurred or contract made by a person.
268.11 Crime against humanity—deportation or forcible transfer of population
(1) A person (the perpetrator) commits an offence if:
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Section 268.12
Penalty: Imprisonment for 17 years.
forcibly displaces one or more persons includes displaces one or more persons:
268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
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Section 268.13
268.13 Crime against humanity—torture
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.14 Crime against humanity—rape
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
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Section 268.14
(3) In this section:
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
(4) In this section:
sexually penetrate means:
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Section 268.15
268.15 Crime against humanity—sexual slavery
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
268.16 Crime against humanity—enforced prostitution
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and
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Section 268.16
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
threat of force or coercion includes:
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts of a sexual nature.
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Section 268.17
268.17 Crime against humanity—forced pregnancy
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.18 Crime against humanity—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
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Section 268.19
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.19 Crime against humanity—sexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
of a sexual nature; without the consent of the person or persons, including by being reckless as to whether there is consent; and
Penalty: Imprisonment for 25 years.
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
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Section 268.20
threat of force or coercion includes:
(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.20 Crime against humanity—persecution
(1) A person (the perpetrator) commits an offence if:
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Section 268.21
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to:
268.21 Crime against humanity—enforced disappearance of persons
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
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Section 268.22
Penalty: Imprisonment for 17 years.
268.22 Crime against humanity—apartheid
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
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Section 268.23
268.23 Crime against humanity—other inhumane act
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
Subdivision D—War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
268.24 War crime—wilful killing
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(b).
268.25 War crime—torture
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
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Section 268.26
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(c).
268.26 War crime—inhumane treatment
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
268.27 War crime—biological experiments
(1) A person (the perpetrator) commits an offence if:
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Section 268.28
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(d).
268.28 War crime—wilfully causing great suffering
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
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Section 268.29
268.29 War crime—destruction and appropriation of property
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
(2) Strict liability applies to paragraph (1)(d).
268.30 War crime—compelling service in hostile forces
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 10 years.
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Section 268.31
(2) Strict liability applies to paragraph (1)(b).
268.31 War crime—denying a fair trial
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 10 years.
(2) Strict liability applies to:
268.32 War crime—unlawful deportation or transfer
(1) A person (the perpetrator) commits an offence if:
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Section 268.33
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
268.33 War crime—unlawful confinement
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
268.34 War crime—taking hostages
(1) A person (the perpetrator) commits an offence if:
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Section 268.35
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(d).
Subdivision E—Other serious war crimes that are committed in the course of an international armed conflict
268.35 War crime—attacking civilians
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.36 War crime—attacking civilian objects
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
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Section 268.38
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
(3) Strict liability applies to paragraphs (1)(c) and (2)(c).
268.38 War crime—excessive incidental death, injury or damage
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
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Section 268.39
(2) A person (the perpetrator) commits an offence if:
Penalty for a contravention of this subsection: Imprisonment for 20 years.
268.39 War crime—attacking undefended places
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.40 War crime—killing or injuring a person who is hors de combat
(1) A person (the perpetrator) commits an offence if:
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Section 268.41
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.41 War crime—improper use of a flag of truce
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.42 War crime—improper use of a flag, insignia or uniform of the adverse party
A person (the perpetrator) commits an offence if:
(a) the perpetrator uses a flag, insignia or uniform of the adverse party; and
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Section 268.43
Penalty: Imprisonment for life.
268.43 War crime—improper use of a flag, insignia or uniform of the United Nations
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions
(1) A person (the perpetrator) commits an offence if:
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Section 268.45
that the adversary is obliged to accord protection to the
perpetrator, with intent to betray that confidence; and
Penalty: Imprisonment for life.
emblem means any emblem, identity card, sign, signal, insignia or uniform.
268.45 War crime—transfer of population
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
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Section 268.46
268.46 War crime—attacking protected objects
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
268.47 War crime—mutilation
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling
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Section 268.48
or removing organs or appendages of, the person or persons;
and
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.48 War crime—medical or scientific experiments
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
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Section 268.49
carried out in the interest or interests of the person or
persons; and
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.49 War crime—treacherously killing or injuring
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
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Section 268.50
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.50 War crime—denying quarter
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.51 War crime—destroying or seizing the enemy’s property
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
(2) Strict liability applies to paragraph (1)(c).
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Section 268.52
268.52 War crime—depriving nationals of the adverse power of rights or actions
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 10 years.
268.53 War crime—compelling participation in military operations
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 10 years.
(2) It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict.
268.54 War crime—pillaging
A person (the perpetrator) commits an offence if:
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Section 268.55
Penalty: Imprisonment for 15 years.
268.55 War crime—employing poison or poisoned weapons
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.56 War crime—employing prohibited gases, liquids, materials or devices
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.57 War crime—employing prohibited bullets
(1) A person (the perpetrator) commits an offence if:
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Section 268.58
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
268.58 War crime—outrages upon personal dignity
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
268.59 War crime—rape
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
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Section 268.59
Penalty: Imprisonment for 25 years.
(3) In this section:
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
(4) In this section:
sexually penetrate means:
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Section 268.60
268.60 War crime—sexual slavery
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
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Section 268.61
268.61 War crime—enforced prostitution
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or
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Section 268.62
(b) taking advantage of a coercive environment.
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.62 War crime—forced pregnancy
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.63 War crime—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
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Section 268.64
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.64 War crime—sexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
of a sexual nature; without the consent of the person or persons, including by being reckless as to whether there is consent; and
Penalty: Imprisonment for 25 years.
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
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Section 268.65
threat of force or coercion includes:
(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.65 War crime—using protected persons as shields
(1) A person (the perpetrator) commits an offence if:
Penalty:
(2) In this section:
religious personnel includes non-confessional, non-combatant military personnel carrying out a similar function to religious personnel.
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Section 268.66
268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
(3) Strict liability applies to paragraphs (1)(b) and (2)(b).
268.67 War crime—starvation as a method of warfare
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator uses as a method of warfare:
(i) any intentional deprivation of civilians of objects indispensable to their survival; or
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Section 268.68
(ii) without limiting subparagraph (i)—the wilful impeding of relief supplies for civilians; and
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
268.68 War crime—using, conscripting or enlisting children
National armed forces
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
(3) A person (the perpetrator) commits an offence if:
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Section 268.68
Penalty: Imprisonment for 10 years.
Other armed forces and groups
(4) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(5) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
(6) A person (the perpetrator) commits an offence if:
Penalty for a contravention of this subsection: Imprisonment for 10 years.
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Section 268.69
Subdivision F—War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict
268.69 Definition of religious personnel
In this Subdivision:
religious personnel includes non-confessional, non-combatant military personnel carrying out a similar function to religious personnel.
268.70 War crime—murder
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
268.71 War crime—mutilation
(1) A person (the perpetrator) commits an offence if:
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Section 268.71
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
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Section 268.72
Penalty: Imprisonment for 25 years.
(3) To avoid doubt, a reference in subsection (1) or (2) to a person or persons who are not taking an active part in the hostilities includes a reference to:
268.72 War crime—cruel treatment
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
(2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
268.73 War crime—torture
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and
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Section 268.74
Penalty: Imprisonment for 25 years.
(2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
268.74 War crime—outrages upon personal dignity
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
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Section 268.75
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(3) To avoid doubt, a reference in this section to a person or persons who are not, or a dead person or dead persons who were not before his, her or their death, taking an active part in the hostilities includes a reference to:
who were not taking an active part in the hostilities; as the case may be.
268.75 War crime—taking hostages
(1) A person (the perpetrator) commits an offence if:
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Section 268.76
Penalty: Imprisonment for 17 years.
(2) To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:
268.76 War crime—sentencing or execution without due process
(1) A person (the perpetrator) commits an offence if:
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Section 268.76
Penalty: Imprisonment for 10 years.
(2) A person (the perpetrator) commits an offence if:
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Section 268.77
(g) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for life.
Subdivision G—War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict
268.77 War crime—attacking civilians
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.78 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions
(1) A person (the perpetrator) commits an offence if:
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Section 268.79
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
(3) Strict liability applies to paragraphs (1)(b) and (2)(b).
268.79 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
(1) A person (the perpetrator) commits an offence if:
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Section 268.80
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
(3) Strict liability applies to paragraphs (1)(c) and (2)(c).
268.80 War crime—attacking protected objects
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 20 years.
268.81 War crime—pillaging
A person (the perpetrator) commits an offence if:
(a) the perpetrator appropriates certain property; and
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Section 268.82
Penalty: Imprisonment for 20 years.
268.82 War crime—rape
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
Penalty: Imprisonment for 25 years.
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
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Section 268.82
(4) In this section:
sexually penetrate means:
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Section 268.83
268.83 War crime—sexual slavery
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
268.84 War crime—enforced prostitution
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent; and
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Section 268.84
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
threat of force or coercion includes:
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
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Section 268.85
268.85 War crime—forced pregnancy
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.86 War crime—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
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Section 268.87
(2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age-related incapacity.
268.87 War crime—sexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
of a sexual nature; without the consent of the person or persons, including by being reckless as to whether there is consent; and
Penalty: Imprisonment for 25 years.
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
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Section 268.88
threat of force or coercion includes:
(4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.88 War crime—using, conscripting or enlisting children
National armed forces
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
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Section 268.88
(3) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 10 years.
Other armed forces and groups
(4) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
(5) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 15 years.
(6) A person (the perpetrator) commits an offence if:
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Section 268.89
Penalty for a contravention of this subsection: Imprisonment for 10 years.
268.89 War crime—displacing civilians
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
268.90 War crime—treacherously killing or injuring
(1) A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
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Section 268.91
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.91 War crime—denying quarter
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.92 War crime—mutilation
(1) A person (the perpetrator) commits an offence if:
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Section 268.93
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.93 War crime—medical or scientific experiments
(1) A person (the perpetrator) commits an offence if:
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Section 268.94
(e) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
Penalty for a contravention of this subsection: Imprisonment for 25 years.
268.94 War crime—destroying or seizing an adversary’s property
(1) A person (the perpetrator) commits an offence if:
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Section 268.95
(f) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 15 years
(2) Strict liability applies to paragraph (1)(c).
Subdivision H—War crimes that are grave breaches of Protocol I to the Geneva Conventions
268.95 War crime—medical procedure
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 25 years.
268.96 War crime—removal of blood, tissue or organs for transplantation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator removes from one or more persons blood, tissue or organs for transplantation; and
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Section 268.97
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
consent means consent given voluntarily and without any coercion or inducement.
268.97 War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
A person (the perpetrator) commits an offence if:
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Section 268.98
Penalty: Imprisonment for life.
268.98 War crime—attacking undefended places or demilitarized zones
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for life.
268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians
(1) A person (the perpetrator) commits an offence if:
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Section 268.100
Penalty: Imprisonment for 10 years.
(2) Strict liability applies to paragraph (1)(c).
268.100 War crime—apartheid
A person (the perpetrator) commits an offence if:
Penalty: Imprisonment for 17 years.
268.101 War crime—attacking protected objects
A person (the perpetrator) commits an offence if:
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Section 268.102
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 20 years.
Subdivision J—Crimes against the administration of the justice of the International Criminal Court
268.102 Perjury
268.103 Falsifying evidence
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Section 268.104
Penalty: Imprisonment for 7 years.
(3) For the purposes of this section, making evidence includes altering evidence, but does not include perjury.
268.104 Destroying or concealing evidence
(1) A person commits an offence if the person destroys or conceals evidence with the intention of:
Penalty: Imprisonment for 7 years.
(2) For the purposes of this section, destroying evidence includes making the evidence illegible, indecipherable or otherwise incapable of being identified.
268.105 Deceiving witnesses
A person commits an offence if the person deceives another person with the intention that the other person or a third person will:
Penalty: Imprisonment for 5 years.
268.106 Corrupting witnesses or interpreters
(1) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
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Section 268.107
(c) withhold true evidence at such a proceeding.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if the person asks for, or receives or agrees to receive, a benefit for himself, herself or another person with the intention that he, she or another person will:
Penalty: Imprisonment for 5 years.
(3) A person commits an offence if the person provides, or offers or promises to provide, a benefit to another person with the intention that the other person or a third person will:
Penalty: Imprisonment for 5 years.
268.107 Threatening witnesses or interpreters
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
Penalty: Imprisonment for 7 years.
(2) A person commits an offence if the person causes or threatens to cause any detriment to another person with the intention that the other person or a third person will:
(a) not attend as an interpreter at a proceeding before the International Criminal Court; or
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Section 268.108
(b) give a false or misleading interpretation as an interpreter in such a proceeding.
Penalty: Imprisonment for 7 years.
268.108 Preventing witnesses or interpreters
268.109 Preventing production of things in evidence
A person commits an offence if the person, by his or her conduct, intentionally prevents another person from producing in evidence at a proceeding before the International Criminal Court a thing that is legally required to be produced.
Penalty: Imprisonment for 5 years.
268.110 Reprisals against witnesses
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who was a witness in a proceeding before the International Criminal Court:
Penalty: Imprisonment for 5 years.
(2) It is a defence to a prosecution for an offence against subsection (1) that:
(a) the detriment to the witness was not (apart from this section) an offence; and
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Section 268.111
(b) the witness committed perjury in the proceeding before the International Criminal Court.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) In this section:
witness includes:
268.111 Reprisals against officials of the International Criminal Court
(1) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if the person causes or threatens to cause any detriment to another person who is an official of the International Criminal Court:
Penalty: Imprisonment for 5 years.
268.112 Perverting the course of justice
(1) A person commits an offence if the person, by his or her conduct, intentionally perverts the course of justice in respect of the International Criminal Court.
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Section 268.113
Penalty: Imprisonment for 5 years.
perverts includes obstructs, prevents or defeats.
268.113 Receipt of a corrupting benefit by an official of the International Criminal Court
(1) A person who is an official of the International Criminal Court commits an offence if:
Penalty: Imprisonment for 10 years.
(2) For the purposes of subsection (1), it is immaterial whether the benefit is in the nature of a reward.
268.114 Subdivision not to apply to certain conduct
(1) This Subdivision does not apply to a person in respect of:
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Section 268.115
(2) In this section:
conduct includes any one or more acts or omissions.
Subdivision K—Miscellaneous
268.115 Responsibility of commanders and other superiors
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Section 268.116
commission or to submit the matter to the competent
authorities for investigation and prosecution.
268.116 Defence of superior orders
Note: A defendant bears an evidential burden in establishing the elements in subsection (3). See subsection 13.3(3).
268.117 Geographical jurisdiction
268.118 Double jeopardy
A person cannot be tried by a federal court or a court of a State or Territory for an offence under this Division if the person has already been convicted or acquitted by the International Criminal
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Section 268.119
Court for an offence constituted by substantially the same conduct as constituted the offence under this Division.
268.119 Offences related to exercise of jurisdiction of International Criminal Court
(1) A person must not:
Penalty: Imprisonment for 2 years.
(2) In this section:
Australia includes all the external Territories.
268.120 Saving of other laws
This Division is not intended to exclude or limit any other law of the Commonwealth or any law of a State or Territory.
268.121 Bringing proceedings under this Division
268.122 Attorney-General’s decisions in relation to consents to be final
(1) Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney-General to give, or to refuse to give, a consent under section 268.121:
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Section 268.123
268.123 Legal representation
The provisions of section 12 (other than subsection 12(2)) of the Geneva Conventions Act 1957 apply in relation to the trial of a person for an offence against this Division in the same way as they apply in relation to the trial of a protected prisoner of war.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences
Division 268 Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Section 268.124
268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions
If, in proceedings under this Division in respect of a grave breach of any of the Geneva Conventions or of Protocol I to the Geneva Conventions, a question arises under:
in which the Protocol applies); a certificate signed by the Minister responsible for legislation relating to foreign affairs certifying to any matter relevant to that question is prima facie evidence of the matter so certified.
The Criminal Code Schedule Offences against humanity and related offences Chapter 8 Slavery, sexual servitude and deceptive recruiting Division 270 Section 270.1
Division 270—Slavery, sexual servitude and deceptive recruiting
270.1 Definition of slavery
For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.
270.2 Slavery is unlawful
Slavery remains unlawful and its abolition is maintained, despite the repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 of Imperial Acts relating to slavery.
270.3 Slavery offences
(1) A person who, whether within or outside Australia, intentionally:
Penalty: Imprisonment for 25 years.
(2) A person who:
(a) whether within or outside Australia:
(iii) exercises control or direction over, or provides finance for, any act of slave trading; and
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 270 Slavery, sexual servitude and deceptive recruiting Section 270.4
(b) is reckless as to whether the transaction or act involves a
slave, slavery or slave trading; is guilty of an offence.
Penalty: Imprisonment for 17 years.
(3) In this section:
slave trading includes:
270.4 Definition of sexual servitude
threat means:
270.5 Jurisdictional requirement
Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 270.6 or 270.7.
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270.6 Sexual servitude offences
(1) A person:
servitude; is guilty of an offence.
Penalty:
(2) A person:
Penalty:
(3) In this section:
conducting a business includes:
270.7 Deceptive recruiting for sexual services
(1) A person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about:
(a) the fact that the engagement will involve the provision of sexual services; or
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 270 Slavery, sexual servitude and deceptive recruiting Section 270.7
(aa) the nature of sexual services to be provided (for example, whether those services will require the person to have unprotected sex); or
(da) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement—the quantum, or the existence, of the debt owed or claimed to be owed; or
(e) the fact that the engagement will involve exploitation, debt bondage or the confiscation of the person’s travel or identity documents;
is guilty of an offence.
Penalty:
(1A) In determining, for the purposes of any proceedings for an offence against subsection (1), whether a person has been deceived about any matter referred to in a paragraph of that subsection, a court, or if the trial is before a jury, the jury, may have regard to any of the following matters:
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(iii) the extent of the person’s social and physical dependence on the alleged offender.
(1B) Subsection (1A) does not:
(2) In this section:
deceive has the same meaning as in Division 271.
sexual service means the commercial use or display of the body of the person providing the service for the sexual gratification of others.
270.8 Aggravated offences
270.9 Alternative verdict if aggravated offence not proven
If, on a trial for an aggravated offence against section 270.6 or 270.7, the jury is not satisfied that the defendant is guilty of an aggravated offence, but is otherwise satisfied that he or she is guilty of an offence against that section, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 270 Slavery, sexual servitude and deceptive recruiting Section 270.12
270.12 Other laws not excluded
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
270.13 Double jeopardy
If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.
270.14 External Territories
In this Division:
Australia, when used in a geographical sense, includes the external Territories.
The Criminal Code Schedule Offences against humanity and related offences Chapter 8 Trafficking in persons and debt bondage Division 271 Section 271.1
Division 271—Trafficking in persons and debt bondage Subdivision A—Definitions
271.1 Definitions
In this Division:
confiscate, in relation to a person’s travel or identity document, means to take possession of the document, whether permanently or otherwise, to the exclusion of the person, or to destroy the document.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
deceive means mislead as to fact (including the intention of any person) or as to law, by words or other conduct.
threat means:
Subdivision B—Offences relating to trafficking in persons
271.2 Offence of trafficking in persons
(1) A person (the first person) commits an offence of trafficking in persons if:
Penalty: Imprisonment for 12 years.
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(1A) A person (the first person) commits an offence of trafficking in persons if:
Penalty: Imprisonment for 12 years.
(1B) A person (the first person) commits an offence of trafficking in persons if:
Penalty: Imprisonment for 12 years.
(1C) A person (the first person) commits an offence of trafficking in persons if:
Penalty: Imprisonment for 12 years.
(2) A person (the first person) commits an offence of trafficking in persons if:
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or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty: Imprisonment for 12 years.
(2A) A person (the first person) commits an offence of trafficking in persons if:
Penalty: Imprisonment for 12 years.
(2B) A person (the first person) commits an offence of trafficking in persons if:
(iii) the extent to which the other person will be free to cease providing sexual services;
Penalty: Imprisonment for 12 years.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 271 Trafficking in persons and debt bondage Section 271.3
(2C) A person (the first person) commits an offence of trafficking in persons if:
(iii) the extent to which the other person will be free to cease providing sexual services;
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to paragraphs (1)(c) and (1A)(c).
271.3 Aggravated offence of trafficking in persons
(1) A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies:
(a) the first person commits the offence intending that the victim will be exploited, either by the first person or another:
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Penalty: Imprisonment for 20 years.
(2) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.2, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
271.4 Offence of trafficking in children
(1) A person (the first person) commits an offence of trafficking in children if:
Penalty: Imprisonment for 25 years.
(2) A person (the first person) commits an offence of trafficking in children if:
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 271 Trafficking in persons and debt bondage Section 271.5
(c) in organising or facilitating that exit or proposed exit, the first person:
Penalty: Imprisonment for 25 years.
(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
271.5 Offence of domestic trafficking in persons
(1) A person (the first person) commits an offence of domestic trafficking in persons if:
Penalty: Imprisonment for 12 years.
(2) A person (the first person) commits an offence of domestic trafficking in persons if:
Penalty: Imprisonment for 12 years.
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(2A) A person (the first person) commits an offence of domestic trafficking in persons if:
Penalty: Imprisonment for 12 years.
(2B) A person (the first person) commits an offence of domestic trafficking in persons if:
(iii) the extent to which the other person will be free to cease providing sexual services;
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to paragraph (1)(c).
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 271 Trafficking in persons and debt bondage Section 271.6
271.6 Aggravated offence of domestic trafficking in persons
(1) A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies:
Penalty: Imprisonment for 20 years.
(2) If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.5, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
271.7 Offence of domestic trafficking in children
(1) A person commits an offence of domestic trafficking in children if:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first-mentioned person or another, during or following the transportation to that other place; or
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(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first-mentioned person or another, during or following the transportation to that other place.
Penalty: Imprisonment for 25 years.
(2) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
Subdivision C—Offences relating to debt bondage
271.8 Offence of debt bondage
(1) A person commits an offence of debt bondage if:
Penalty: Imprisonment for 12 months.
(2) In determining, for the purposes of any proceedings for an offence against subsection (1), whether a person (the first person) has caused another person (the second person) to enter into debt bondage, a court, or if the trial is before a jury, the jury, may have regard to any of the following matters:
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 271 Trafficking in persons and debt bondage Section 271.9
(iii) the extent of the second person’s social and physical dependence on the first person.
(3) Subsection (2) does not:
271.9 Offence of aggravated debt bondage
Subdivision D—General provisions relating to offences under this Division
271.10 Jurisdictional requirement for offences other than offences related to domestic trafficking in persons
Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against section 271.2, 271.3, 271.4, 271.8 or
271.9.
The Criminal Code Schedule Offences against humanity and related offences Chapter 8 Trafficking in persons and debt bondage Division 271 Section 271.11
271.11 Jurisdictional requirement for offences related to domestic trafficking in persons
A person commits an offence against section 271.5, 271.6 or 271.7 only if one or more of the following paragraphs applies:
271.12 Other laws not excluded
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
271.13 Double jeopardy
If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.
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Division 272—Child sex offences outside Australia
Subdivision A—Preliminary
272.1 Definitions
In this Division:
cause a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2.
offence, in the case of a reference to an offence against this Division or against a particular provision of it, has a meaning affected by section 272.5.
position of trust or authority has the meaning given by subsection 272.3(1).
sexual intercourse has the meaning given by section 272.4.
272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity
For the purposes of this Division, a person’s conduct causes another person to engage in sexual intercourse or other sexual activity if it substantially contributes to the other person engaging in sexual intercourse or other sexual activity.
272.3 Meaning of position of trust or authority
(1) For the purposes of this Code, a person is in a position of trust or authority in relation to another person if:
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(iii) has the authority to terminate the other person’s employment (whether the other person is being paid in respect of that employment or is working in a voluntary capacity).
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
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272.4 Meaning of sexual intercourse
272.5 Meaning of offence against this Division and extension of criminal responsibility
(1) A reference in this Division (except section 272.19, which deals with encouraging an offence against this Division) to an offence against this Division, or against a particular provision of it, includes:
(a) a reference to:
(conspiracy) or 272.19 of this Code; that relates to an offence against this Division or against that provision of it; and
(b) a reference to an offence against this Division, or against that provision of it, because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
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272.6 Who can be prosecuted for an offence committed outside Australia
A person must not be charged with an offence against this Division that the person allegedly committed wholly outside Australia unless, at the time of the offence, the person was:
272.7 Saving of other laws
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
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Subdivision B—Sexual offences against children outside Australia
272.8 Sexual intercourse with child outside Australia
Engaging in sexual intercourse with child
(1) A person commits an offence if:
Causing child to engage in sexual intercourse in presence of defendant
Note 1: For absolute liability, see section 6.2. Note 2: For a defence based on belief about age, see section 272.16.
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272.9 Sexual activity (other than sexual intercourse) with child outside Australia
Engaging in sexual activity with child
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
Causing child to engage in sexual activity in presence of defendant
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
Note: For absolute liability, see section 6.2.
Defence—child present but defendant does not intend to derive gratification
(5) It is a defence to a prosecution for an offence against subsection (1) or (2) if:
(a) the conduct constituting the offence consists only of the child being in the presence of the defendant while sexual activity is engaged in; and
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(b) the defendant proves that he or she did not intend to derive gratification from the presence of the child during that activity.
Note 1: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Note 2: For a defence based on belief about age, see section 272.16.
272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant
(1) A person commits an offence against this section (the aggravated offence) if:
Penalty: Imprisonment for 25 years.
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(4) Absolute liability applies to subparagraph (1)(b)(i).
Note: For absolute liability, see section 6.2.
(5) Strict liability applies to subparagraph (1)(b)(ii).
Note: For strict liability, see section 6.1.
Defence—belief that child did not have mental impairment
(6) Subparagraph (1)(b)(i) does not apply if the defendant proves that, at the time he or she committed the underlying offence, he or she believed that the child did not have a mental impairment.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
(7) In determining whether the defendant had the belief mentioned in subsection (6), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
272.11 Persistent sexual abuse of child outside Australia
(1) A person commits an offence against this section if the person commits an offence (the underlying offence) against one or more of the following provisions in relation to the same person (the child) on 3 or more separate occasions during any period:
Penalty: Imprisonment for 25 years.
(2) There is no fault element for any of the physical elements described in subsection (1) other than the fault elements (however described), if any, for the underlying offence.
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(3) To avoid doubt, a person does not commit the underlying offence for the purposes of subsection (1) if the person has a defence to the underlying offence.
Offence or conduct need not be the same
(4) For the purposes of subsection (1), it is immaterial whether the underlying offence, or the conduct constituting the underlying offence, is the same on each occasion.
Certain matters need not be proved
(5) In proceedings for an offence against this section, it is not necessary to specify or to prove the dates or exact circumstances of the occasions on which the conduct constituting the offence against this section occurred.
Content of charge
(6) A charge of an offence against this section:
Trier of fact to be satisfied of certain matters
(7) In order for the person to be found guilty of an offence against this section:
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this section—all the members of the jury must be so satisfied about the same 3 incidents.
(8) In proceedings for an offence against this section, the judge must warn the jury (if any) of the requirements of subsection (7).
Double jeopardy etc.
272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority
Engaging in sexual intercourse with young person
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years.
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Causing young person to engage in sexual intercourse in presence of defendant
(2) A person commits an offence if:
Penalty: Imprisonment for 10 years.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
(5) Strict liability applies to paragraphs (1)(c) and (2)(d).
Note: For strict liability, see section 6.1.
272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority
Engaging in sexual activity with young person
(1) A person commits an offence if:
Penalty: Imprisonment for 7 years.
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Causing young person to engage in sexual activity in presence of defendant
(2) A person commits an offence if:
Penalty: Imprisonment for 7 years.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
(5) Strict liability applies to paragraphs (1)(c) and (2)(d).
Note: For strict liability, see section 6.1.
Defence—young person present but defendant does not intend to derive gratification
(6) It is a defence to a prosecution for an offence against subsection (1) or (2) if:
Note 1: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Note 2: For a defence based on belief about age, see section 272.16.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 272 Child sex offences outside Australia Section 272.14
272.14 Procuring child to engage in sexual activity outside Australia
(1) A person commits an offence if:
(iii) the conduct referred to in paragraph (a) occurs wholly in Australia and the child is in Australia when that conduct occurs.
Penalty: Imprisonment for 15 years.
(2) Absolute liability applies to subparagraph (1)(c)(i) and paragraph (1)(d).
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
272.15 “Grooming” child to engage in sexual activity outside Australia
(1) A person commits an offence if:
(a) the person engages in conduct in relation to another person (the child); and
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(iii) the conduct referred to in paragraph (a) occurs wholly in Australia and the child is in Australia when that conduct occurs.
Penalty: Imprisonment for 12 years.
(2) Absolute liability applies to subparagraph (1)(c)(i) and paragraph (1)(d).
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 272.16.
272.16 Defence based on belief about age
Offences involving sexual intercourse or other sexual activity with a child—belief that child at least 16
(1) It is a defence to a prosecution for an offence against section 272.8 or 272.9 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 272 Child sex offences outside Australia Section 272.17
Offences involving sexual intercourse or other sexual activity with young person—belief that young person at least 18
(2) It is a defence to a prosecution for an offence against section 272.12 or 272.13 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the young person was at least 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving procuring or “grooming” child for sexual activity—belief that child at least 16
(3) It is a defence to a prosecution for an offence against section 272.14 or 272.15 if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence, he or she believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Trier of fact may take into account whether belief reasonable
(4) In determining whether the defendant had the belief mentioned in subsection (1), (2) or (3), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
272.17 Defence based on valid and genuine marriage
Offences involving engaging in sexual intercourse or other sexual activity with child or young person
(1) It is a defence to a prosecution for an offence against subsection 272.8(1), 272.9(1), 272.12(1) or 272.13(1) if the defendant proves that:
(a) at the time of the sexual intercourse or sexual activity, there existed between the defendant and the child or the young person a marriage that was valid, or recognised as valid, under the law of:
(iii) the place of the defendant’s residence or domicile; and
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(b) when it was solemnised, the marriage was genuine.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving procuring or “grooming” child for sexual activity
(2) It is a defence to a prosecution for an offence against subsection 272.14(1) or 272.15(1) if the defendant proves that:
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Subdivision C—Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia
272.18 Benefiting from offence against this Division
(1) A person commits an offence if:
Penalty: Imprisonment for 20 years.
(2) Subsection (1) applies:
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(c) whether or not an offence against this Division is in fact committed.
(3) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
272.19 Encouraging offence against this Division
(1) A person commits an offence if:
Penalty: Imprisonment for 20 years.
Note: For absolute liability, see section 6.2.
(4) In this section, encourage means:
272.20 Preparing for or planning offence against this Division
Offences involving sexual intercourse or other sexual activity with child, and benefiting offence
(1) A person commits an offence if:
(a) the person does an act; and
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(b) the person does so with the intention of preparing for, or planning, an offence against section 272.8, 272.9, 272.10,
272.11 or 272.18.
Penalty: Imprisonment for 10 years.
Offences involving sexual intercourse or other sexual activity with young person
(2) A person commits an offence if:
Penalty: Imprisonment for 5 years.
(3) Subsections (1) and (2) apply:
Subdivision D—Video link evidence
272.21 When court may take evidence by video link
In a proceeding for an offence against this Division, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 272 Child sex offences outside Australia Section 272.22
(iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and
(e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link.
272.22 Technical requirements for video link
appropriate persons means such persons as the court considers appropriate.
272.23 Application of laws about witnesses
A person who gives evidence under a direction is taken to give it at the courtroom or other place in Australia where the court is sitting.
Note: This section has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury.
272.24 Administration of oaths and affirmations
An oath or affirmation to be sworn or made by a witness who is to give evidence under a direction may be administered either:
(a) by means of the video link, in as nearly as practicable the same way as if the witness were to give the evidence at the
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courtroom or other place in Australia where the court is
sitting; or
(b) as follows:
(iii) at the place where the witness is to give the evidence.
272.25 Expenses
A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a direction by the court under this Subdivision.
272.26 Other laws about foreign evidence not affected
This Subdivision does not prevent any other law about taking evidence of a witness outside Australia from applying for the purposes of a proceeding for an offence against this Division.
Subdivision E—Other rules about conduct of trials
272.27 Evidence relating to a person’s age
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she can to adduce the best possible evidence for determining the question.
(4) If, on a trial for an offence against this Division, evidence may be treated as admissible because of subsection (2), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.
272.28 Alternative verdicts
If, on a trial for an offence (the column 1 offence) against a provision referred to in column 1 of an item in the following table, the trier of fact:
it may find the defendant not guilty of the column 1 offence but guilty of the column 2 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Alternative verdicts
Item Column 1 Column 2
1 subsection 272.8(1) subsection 272.9(1) 2 subsection 272.8(2) subsection 272.9(2) 3 subsection 272.9(1) subsection 272.8(1) 4 subsection 272.9(2) subsection 272.8(2) 5 subsection 272.10(1) subsection 272.8(1), 272.8(2),
272.9(1) or 272.9(2) 6 subsection 272.11(1) subsection 272.8(1), 272.8(2),
272.9(1), 272.9(2) or 272.10(1)
7 subsection 272.12(1) subsection 272.13(1)
8 subsection 272.12(2) subsection 272.13(2)
9 subsection 272.13(1) subsection 272.12(1)
10 subsection 272.13(2) subsection 272.12(2)
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272.29 Double jeopardy
If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.
272.30 Sentencing
272.31 Consent to commencement of proceedings where defendant under 18
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences
Division 273 Offences involving child pornography material or child abuse material outside Australia
Section 273.1
Division 273—Offences involving child pornography material or child abuse material outside Australia
Subdivision A—Preliminary
273.1 Definitions
(1) Subject to subsections (2) and (3), an expression used in this Division that is defined in Part 10.6 has the same meaning in this Division as it has in that Part.
Note: These expressions include child abuse material and child pornography material.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.
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Offences involving child pornography material or child abuse material outside Australia
Division 273
Section 273.2
273.2 Who can be prosecuted for an offence committed outside Australia
A person must not be charged with an offence against this Division that the person allegedly committed outside Australia unless, at the time of the offence, the person was:
273.2A Consent to commencement of proceedings where defendant under 18
273.3 Double jeopardy
If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.
273.4 Saving of other laws
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences
Division 273 Offences involving child pornography material or child abuse material outside Australia
Section 273.5
Subdivision B—Offences committed overseas involving child pornography material or child abuse material
273.5 Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
Penalty: Imprisonment for 15 years.
Note: For absolute liability, see section 6.2.
The Criminal Code Schedule Offences against humanity and related offences Chapter 8
Offences involving child pornography material or child abuse material outside Australia
Division 273
Section 273.7
273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
(1) A person commits an offence against this section if:
Penalty: Imprisonment for 25 years.
Offence or conduct need not be the same
(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
Double jeopardy etc.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences
Division 273 Offences involving child pornography material or child abuse material outside Australia
Section 273.8
convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
273.8 Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 273.7(1), the trier of fact:
an offence against section 273.5 or 273.6; it may find the defendant not guilty of the aggravated offence but guilty of the offence against section 273.5 or 273.6, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Subdivision C—Defences
273.9 Defences to offences against this Division
(1) A person is not criminally responsible for an offence against section 273.5 or 273.6 because of engaging in particular conduct if the conduct:
conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
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Offences involving child pornography material or child abuse material outside Australia
Division 273
Section 273.9
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(5) A person is not criminally responsible for an offence against section 273.5 or 273.6 if the person engages in the conduct in good faith for the sole purpose of:
(a) assisting the Australian Communications and Media Authority to detect:
Schedule); in the performance of the Authority’s functions under Schedule 5 or Schedule 7 to that Act; or
(b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
(i) a recognised alternative access-prevention arrangement (within the meaning of clause 40 of Schedule 5 to the Broadcasting Services Act 1992); or
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences
Division 273 Offences involving child pornography material or child abuse material outside Australia
Section 273.10
(ii) a designated alternative access-prevention arrangement (within the meaning of clause 60 of that Schedule).
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Subdivision D—Video link evidence
273.10 When court may take evidence by video link
In a proceeding for an offence against this Division, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:
273.11 Technical requirements for video link
(1) A witness can give evidence under a direction only if:
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Offences involving child pornography material or child abuse material outside Australia
Division 273
Section 273.12
(d) enable appropriate persons at the overseas location to see and hear appropriate persons at the Australian location.
(2) In subsection (1):
appropriate persons means such persons as the court considers appropriate.
273.12 Application of laws about witnesses
A person who gives evidence under a direction is taken to give it at the courtroom or other place in Australia where the court is sitting.
Note: This section has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury.
273.13 Administration of oaths and affirmations
An oath or affirmation to be sworn or made by a witness who is to give evidence under a direction may be administered either:
(iii) at the place where the witness is to give the evidence.
273.14 Expenses
A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a direction by the court under this Subdivision.
273.15 Other laws about foreign evidence not affected
This Subdivision does not prevent any other law about taking evidence of a witness outside Australia from applying for the purposes of a proceeding for an offence against this Division.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 274 Torture Section 274.1
Division 274—Torture
274.1 Definitions
(1) In this Division:
Convention means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations at New York on 10 December 1984.
Note: The text of the Convention is set out in Australian Treaty Series 1989 No. 21 ([1989] ATS 21). In 2010, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
(2) An expression that is used both in this Division and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Division, the same meaning as it has in the Convention.
274.2 Torture
(1) A person (the perpetrator) commits an offence if the perpetrator:
The Criminal Code Schedule Offences against humanity and related offences Chapter 8 Torture Division 274 Section 274.3
(iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
(2) A person (the perpetrator) commits an offence if the perpetrator:
(iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
Penalty: Imprisonment for 20 years.
(3) Absolute liability applies to paragraphs (1)(c) and (2)(c).
Note: For absolute liability, see section 6.2.
274.3 Prosecutions
(1) Proceedings for an offence against this Division, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney-General.
Schedule The Criminal Code Chapter 8 Offences against humanity and related offences Division 274 Torture Section 274.4
(2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Division:
but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.
(3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.
274.4 No defence of exceptional circumstances or superior orders
It is not a defence in a proceeding for an offence under this Division that:
but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.
274.5 Jurisdiction of State/Territory courts preserved
For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Division, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.
274.6 Concurrent operation intended
This Division is not intended to exclude or limit the concurrent operation of any other law of the Commonwealth or any law of a State or Territory.
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274.7 Double jeopardy
If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence under this Division in respect of that conduct.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 300 Preliminary
Section 300.1
Chapter 9—Dangers to the community
Part 9.1—Serious drug offences
Division 300—Preliminary
300.1 Purpose
(1) The purpose of this Part is to create offences relating to drug trafficking and to give effect to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.
Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 4. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
(2) Subsection (1) does not limit the legislative powers of the Parliament in relation to this Part.
300.2 Definitions
In this Part:
aggravated offence has the meaning given by section 310.4.
border controlled drug means a substance, other than a growing plant:
border controlled plant means a growing plant:
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Preliminary Division 300
border controlled precursor means a substance (including a growing plant):
child means an individual who is under 18 years of age.
commercial quantity, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a commercial quantity of the drug, plant or precursor in:
conceal a thing includes conceal or disguise:
controlled drug means a substance, other than a growing plant:
controlled plant means a growing plant:
controlled precursor means a substance (including a growing plant):
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 300 Preliminary
Section 300.2
cultivate has the meaning given by subsection 303.1(1). cultivates a plant has the meaning given by subsection 303.1(2). cultivates a plant for a commercial purpose has the meaning given
by section 303.3. export includes take from Australia. import, in relation to a substance, means import the substance into
Australia and includes:
manufacture has the meaning given by subsection 305.1(1).
manufactures a substance has the meaning given by subsection 305.1(2).
manufactures a substance for a commercial purpose has the meaning given by section 305.2.
marketable quantity, in relation to a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor means a quantity not less than the quantity specified as a marketable quantity of the drug, plant or precursor in:
section 309.9.
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Preliminary Division 300
procures an individual to traffic has the meaning given by section 309.6. product of a plant has the meaning given by section 303.2. requisite fraction has the meaning given by subsection 312.2(3). sell includes the following:
taking, in relation to a substance or plant, means taking the substance or plant, or a product of the plant, into the body.
trafficable quantity, in relation to a controlled drug or controlled plant, means a quantity not less than the quantity specified as a trafficable quantity of the drug or plant in:
300.3 Geographical jurisdiction
Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Part.
300.4 Concurrent operation intended
(1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 300 Preliminary
Section 300.5
300.5 Particular identity of drugs, plants and precursors
If, in a prosecution for an offence against this Part, it is necessary for the prosecution to prove that a person knew, or was reckless as to whether, a substance or plant was a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor, it is not necessary for the prosecution to prove that the person knew, or was reckless as to, the particular identity of the controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor.
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Division 301—Listing additional drugs, plants and precursors
Subdivision A—Interim regulations
301.1 Interim regulations—controlled drugs and controlled plants
301.2 Interim regulations—controlled precursors
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 301 Listing additional drugs, plants and precursors
Section 301.3
(3) However, the regulations must not prescribe a particular substance under this section for a period that exceeds, or for periods that in total exceed, 12 months.
301.3 Interim regulations—border controlled drugs and border controlled plants
301.4 Interim regulations—border controlled precursors
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(3) However, the regulations must not prescribe a particular substance under this section for a period that exceeds, or for periods that in total exceed, 12 months.
301.5 Interim regulations—commercial, marketable and trafficable quantities
controlled plant; for a period that exceeds, or for periods that in total exceed, 12 months.
(3) If:
regulations under subsection (1) may prescribe such a quantity of the drug, plant or precursor.
(4) The regulations may prescribe a quantity of a border controlled drug, border controlled plant or border controlled precursor as a commercial or marketable quantity of the drug, plant or precursor.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 301 Listing additional drugs, plants and precursors
Section 301.6
(5) However, the regulations must not prescribe:
border controlled plant or border controlled precursor; for a period that exceeds, or for periods that in total exceed, 12 months.
(6) If:
regulations under subsection (4) may prescribe such a quantity of the drug, plant or precursor.
Subdivision B—Emergency determinations
301.6 Emergency determinations—controlled drugs and controlled plants
(a) that taking the substance or plant concerned:
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Listing additional drugs, plants and precursors Division 301
(b) that there is an imminent and substantial risk that the substance or plant will be:
Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.
301.7 Emergency determinations—controlled precursors
Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.
301.8 Emergency determinations—border controlled drugs and border controlled plants
(a) that taking the substance or plant concerned:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 301 Listing additional drugs, plants and precursors
Section 301.9
(b) that there is an imminent and substantial risk that the substance or plant will be:
Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.
301.9 Emergency determinations—border controlled precursors
Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.
301.10 Emergency determinations—commercial, marketable and trafficable quantities
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Listing additional drugs, plants and precursors Division 301
(c) there is no commercial or marketable quantity specified in section 314.3 for a substance listed or described as a controlled precursor in that section;
the Minister may, under subsection (1), determine such a quantity of the drug, plant or precursor.
the Minister may, under subsection (3), determine such a quantity of the drug, plant or precursor.
Note: Sections 301.11 and 301.12 set out general rules for emergency determinations.
301.11 General rules—period of effect, publication etc.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 301 Listing additional drugs, plants and precursors
Section 301.12
the Minister may, by legislative instrument, extend the period during which the determination is in force by no more than 28 days.
301.12 General rule—inconsistency with regulations
Despite subsections 301.11(1) and (2), a determination made under this Subdivision has no effect to the extent that it is inconsistent with a regulation made under Subdivision A.
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Division 302—Trafficking controlled drugs
302.1 Meaning of traffics
302.2 Trafficking commercial quantities of controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 302 Trafficking controlled drugs
Section 302.3
302.3 Trafficking marketable quantities of controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
302.4 Trafficking controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
302.5 Presumption where trafficable quantities are involved
(1) For the purposes of proving an offence against this Division, if a person has:
concerning the sale of the substance to have been trafficking in the substance.
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(2) Subsection (1) does not apply if the person proves that he or she had neither that intention nor belief.
Note 1: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4).
Note 2: This section does not apply where quantities are combined for the purposes of section 311.2 (see subsection 311.2(3)).
302.6 Purchase of controlled drugs is not an ancillary offence
A person does not commit:
offence against this Division; merely because the person purchases, or intends to purchase, a controlled drug from another person.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 303 Commercial cultivation of controlled plants
Section 303.1
Division 303—Commercial cultivation of controlled plants
303.1 Meanings of cultivate and cultivates a plant
303.2 Meaning of product of a plant
For the purposes of this Part, the product of a plant includes the following:
303.3 Meaning of cultivates a plant for a commercial purpose
For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant:
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Commercial cultivation of controlled plants Division 303
303.4 Cultivating commercial quantities of controlled plants
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
303.5 Cultivating marketable quantities of controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
303.6 Cultivating controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 303 Commercial cultivation of controlled plants
Section 303.7
303.7 Presumption where trafficable quantities are involved
Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4).
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Selling controlled plants Division 304
Division 304—Selling controlled plants
304.1 Selling commercial quantities of controlled plants
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
304.2 Selling marketable quantities of controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
304.3 Selling controlled plants
(1) A person commits an offence if:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 304 Selling controlled plants
Section 304.3
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
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Division 305—Commercial manufacture of controlled drugs
305.1 Meanings of manufacture and manufactures a substance
305.2 Meaning of manufactures a substance for a commercial purpose
For the purposes of this Part, a person manufactures a substance for a commercial purpose if the person manufactures the substance:
305.3 Manufacturing commercial quantities of controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 305 Commercial manufacture of controlled drugs
Section 305.4
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
305.4 Manufacturing marketable quantities of controlled drugs
(1) A person commits an offence if:
Penalty:
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
305.5 Manufacturing controlled drugs
(1) A person commits an offence if:
Penalty:
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(2).
(2) The fault element for paragraph (1)(b) is recklessness.
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305.6 Presumption where trafficable quantities are involved
Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 306 Pre-trafficking controlled precursors
Section 306.1
Division 306—Pre-trafficking controlled precursors
306.1 Meaning of pre-traffics
For the purposes of this Part, a person pre-traffics in a substance if the person:
306.2 Pre-trafficking commercial quantities of controlled precursors
(1) A person commits an offence if:
Penalty:
(a) in the case of an aggravated offence—imprisonment for 28 years or 5,600 penalty units, or both; or
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(b) in any other case—imprisonment for 25 years or 5,000 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
306.3 Pre-trafficking marketable quantities of controlled precursors
(1) A person commits an offence if:
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
306.4 Pre-trafficking controlled precursors
(1) A person commits an offence if:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 306 Pre-trafficking controlled precursors
Section 306.5
(b) in any other case—imprisonment for 7 years or 1,400 penalty units, or both.
Note: The additional elements for an aggravated offence against this section are set out in subsection 310.4(3).
(2) The fault element for paragraph (1)(b) is recklessness.
306.5 Presumption for pre-trafficking controlled precursors—sale
(1) For the purposes of proving an offence against subsection 306.4(1), if:
person to whom it was sold, or another person, intended to use some or all of the substance to manufacture a controlled drug.
(2) Subsection (1) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
306.6 Presumptions for pre-trafficking controlled precursors— manufacture for drug manufacture
(1) For the purposes of proving an offence against subsection 306.4(1), if:
intention of using some or all of it to manufacture a controlled drug.
(2) Subsection (1) does not apply if the person proves that he or she did not have that intention.
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Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
306.7 Presumptions for pre-trafficking controlled precursors— manufacture for sale
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
(3) For the purposes of proving an offence against subsection 306.4(1), if:
that the other person intended to use some or all of the substance to manufacture a controlled drug.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 306 Pre-trafficking controlled precursors
Section 306.8
(4) Subsection (3) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
306.8 Presumptions for pre-trafficking controlled precursors— possession
(1) For the purposes of proving an offence against subsection 306.4(1), if:
intention of using some or all of it to manufacture a controlled drug.
(2) Subsection (1) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
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Division 307—Import-export offences
Subdivision A—Importing and exporting border controlled drugs or border controlled plants
307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 307 Import-export offences
Section 307.3
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
307.3 Importing and exporting border controlled drugs or border controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 10 years or 2,000 penalty units, or both.
Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).
307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years, or 400 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
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Subdivision B—Possessing unlawfully imported border controlled drugs or border controlled plants
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 307 Import-export offences
Section 307.7
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).
307.7 Possessing unlawfully imported border controlled drugs or border controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
Subdivision C—Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Import-export offences Division 307
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
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Section 307.10
(5) Subsection (1) does not apply if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Note: A defendant bears a legal burden in relation to the matters in subsections (4) and (5) (see section 13.4).
307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
Subdivision D—Importing and exporting border controlled precursors
307.11 Importing and exporting commercial quantities of border controlled precursors
(1) A person commits an offence if:
(i) the person intends to use any of the substance to manufacture a controlled drug;
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(ii) the person believes that another person intends to use any of the substance to manufacture a controlled drug; and
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
307.12 Importing and exporting marketable quantities of border controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 307 Import-export offences
Section 307.13
other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
307.13 Importing and exporting border controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).
307.14 Presumptions for importing and exporting border controlled precursors
(1) For the purposes of proving an offence against this Subdivision, if:
(a) a person has imported or exported a substance; and
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Import-export offences Division 307
the intention of using some or all of the substance to manufacture a controlled drug.
(2) Subsection (1) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
(3) For the purposes of proving an offence against this Subdivision, if:
believing that another person intends to use some or all of the substance to manufacture a controlled drug.
(4) Subsection (3) does not apply if the person proves that he or she did not have that belief.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 308 Possession offences
Section 308.1
Division 308—Possession offences
308.1 Possessing controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
State or Territory; the person may be tried, punished or otherwise dealt with as if the offence were an offence against the law of the State or Territory that involved the possession or use of a controlled drug (however described).
Note: Subsection (3) allows for drug users to be diverted from the criminal justice system to receive the same education, treatment and support that is available in relation to drug offences under State and Territory laws.
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Possession offences Division 308
308.2 Possessing controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
intention of using some or all of the substance to manufacture a controlled drug.
(4) Subsection (3) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
A person commits an offence if:
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 308 Possession offences
Section 308.4
308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(2) For the purposes of proving an offence against subsection (1), if:
the person is taken to have possessed the tablet press with the intention of using it to manufacture a controlled drug.
(3) Subsection (2) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4).
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Division 309—Drug offences involving children
309.1 Children not criminally responsible for offences against this Division
A child is not criminally responsible for an offence against this Division. Note: For the purposes of this Part, a child is an individual under 18 years of age (see section 300.2).
309.2 Supplying controlled drugs to children
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years or 3,000 penalty units, or both.
309.3 Supplying marketable quantities of controlled drugs to children for trafficking
(1) A person commits an offence if:
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 309 Drug offences involving children
Section 309.4
(4) Absolute liability applies to paragraph (1)(d).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
309.4 Supplying controlled drugs to children for trafficking
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
309.5 Presumption where trafficable quantities are involved
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
309.6 Meaning of procures an individual to traffic
(1) For the purposes of this Part, a person procures an individual to traffic in a substance if:
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drug offences involving children Division 309
(c) the person, with the intention of selling any of the substance or assisting another person to sell any of the substance, procures the individual to guard or conceal the substance.
(2) For the purposes of paragraph (1)(b), preparing a substance for supply includes packaging the substance or separating the substance into discrete units.
309.7 Procuring children for trafficking marketable quantities of controlled drugs
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
309.8 Procuring children for trafficking controlled drugs
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 309 Drug offences involving children
Section 309.9
309.9 Meaning of procures an individual to pre-traffic
For the purposes of this Part, a person procures an individual to pre-traffic in a substance if the person procures the individual to sell the substance believing that the person to whom the substance is sold intends to use any of the substance to manufacture a controlled drug.
309.10 Procuring children for pre-trafficking marketable quantities of controlled precursors
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
309.11 Procuring children for pre-trafficking controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drug offences involving children Division 309
309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
(1) A person commits an offence if:
Penalty: Imprisonment for life or 7,500 penalty units, or both.
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
(5) Subsection (1) does not apply if the person proves that he or she neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.
Note 1: A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4).
Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (5) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).
309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants
(1) A person commits an offence if:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 309 Drug offences involving children
Section 309.14
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
Note 1: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
Note 2: A person who does not commit an offence against this section because he or she proves the matters in subsection (4) may, however, have committed an offence against section 309.2 (supplying controlled drugs to children).
309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for life or 7,500 penalty units, or both.
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drug offences involving children Division 309
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(e).
(5) Subsection (1) does not apply if:
Note: A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4).
309.15 Procuring children for importing or exporting border controlled precursors
(1) A person commits an offence if:
Penalty: Imprisonment for 25 years or 5,000 penalty units, or both.
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the person proves that he or she neither intended, nor believed
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 309 Drug offences involving children
Section 309.15
that another person intended, to sell any of the controlled drug so manufactured; or
(b) in relation to conduct covered by subparagraph (1)(b)(ii)— the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.
Note: A defendant bears a legal burden in relation to the matters in subsection (4) (see section 13.4).
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Harm and danger to children under 14 from serious drug offences Division 310
Division 310—Harm and danger to children under 14 from serious drug offences
310.1 Children not criminally responsible for offences against this Division
A child is not criminally responsible for an offence against this Division.
Note: For the purposes of this Part, a child is an individual under 18 years of age (see section 300.2).
310.2 Danger from exposure to unlawful manufacturing
(1) A person commits an offence if:
Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.
Note: A person can commit an offence against subsection (1) without being involved in the unlawful manufacture of controlled drugs or controlled precursors. The person need only expose a child under 14 to the danger of serious harm from such manufacture.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 310 Harm and danger to children under 14 from serious drug offences
Section 310.3
310.3 Harm from exposure to unlawful manufacturing
(1) A person commits an offence if:
Penalty: Imprisonment for 9 years or 1,800 penalty units, or both.
Note: A person can commit an offence against this section without being involved in the unlawful manufacture of controlled drugs or controlled precursors. The person need only cause harm to a child under 14 by exposing the child to such manufacture.
(2) Strict liability applies to paragraphs (1)(c) and (e).
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Harm and danger to children under 14 from serious drug offences Division 310
310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).
(7) For the purposes of this section, if the commission of an offence exposes a person to the risk of catching a disease that may give rise to a danger of harm to the person, the commission of the offence is taken to give rise to a danger of harm to the person.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 310 Harm and danger to children under 14 from serious drug offences
Section 310.4
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Combining quantities of drugs, plants or precursors Division 311
Division 311—Combining quantities of drugs, plants or precursors
Subdivision A—Combining different parcels on the same occasion
311.1 Combining different parcels on the same occasion
(1) If, on the same occasion, a person:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.2
border controlled precursors (sections 309.14 and 309.15); the person may be charged with a single offence against this Part in respect of all or any of the different parcels of drugs, plants or precursors.
(2) The quantity of the drugs, plants or precursors for the purposes of the offence is the sum of the quantities of the drugs, plants or precursors in the different parcels.
Note: See section 312.2 for working out quantities where different kinds of controlled or border controlled drugs, plants or precursors are involved.
Subdivision B—Combining parcels from organised commercial activities
311.2 Business of trafficking controlled drugs
(1) In proceedings for an offence against:
drugs); the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:
(c) that the defendant was engaged in an organised commercial activity that involved repeated trafficking in controlled drugs; and
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Combining quantities of drugs, plants or precursors Division 311
(d) that the relevant quantity of a controlled drug, or of a combination of controlled drugs, was trafficked in the course of that activity.
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
311.3 Business of pre-trafficking by selling controlled precursors
(1) In proceedings for an offence against:
controlled precursors); where the alleged conduct of the defendant involves pre-trafficking by selling controlled precursors, the prosecution may prove the element of the offence relating to the quantity of controlled precursor by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled precursors are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(d).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.4
(2) For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:
311.4 Business of importing or exporting border controlled drugs or border controlled plants
(1) In proceedings for an offence against:
of border controlled drugs or border controlled plants); the prosecution may prove the element of the offence relating to the quantity of border controlled drug or border controlled plant by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
(2) For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:
311.5 Business of importing or exporting border controlled precursors
(1) In proceedings for an offence against:
(a) section 307.11 (importing and exporting commercial quantities of border controlled precursors); or
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Combining quantities of drugs, plants or precursors Division 311
(b) section 307.12 (importing and exporting marketable
quantities of border controlled precursors); the prosecution may prove the element of the offence relating to the quantity of border controlled precursor by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled precursors are involved.
(2) For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:
311.6 Business of supplying controlled drugs to children
(1) In proceedings for an offence against section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking), the prosecution may prove the element of the offence relating to the quantity of controlled drug by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(b).
(2) For the purposes of subsection (1) it is not necessary for the prosecution to specify or prove:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.7
(3) Section 309.5 (presumption where trafficable quantities are involved) does not apply to an offence prosecuted in accordance with subsection (1).
311.7 General rules—combining parcels from organised commercial activities
that occasion must not be alleged in proceedings against the person for another offence against this Part.
(3) If:
for an offence prosecuted in accordance with section 311.2, 311.3, 311.4, 311.5 or 311.6.
(4) Subject to subsections (2) and (3), this Subdivision does not prevent a person being charged with separate offences in respect of conduct on different occasions.
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Subdivision C—Combining parcels from multiple offences
311.8 Multiple offences—trafficking controlled drugs
The prosecution may prove an offence against Division 302 (trafficking controlled drugs) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.9 Multiple offences—cultivating controlled plants
The prosecution may prove an offence against Division 303 (commercial cultivation of controlled plants) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled plants are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.10 Multiple offences—selling controlled plants
The prosecution may prove an offence against Division 304 (selling controlled plants) by proving:
(a) that the defendant committed offences against that Division on different occasions; and
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.11
Note 1: See section 312.2 for working out quantities where different kinds of controlled plants are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.11 Multiple offences—manufacturing controlled drugs
The prosecution may prove an offence against Division 305 (commercial manufacture of controlled drugs) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.12 Multiple offences—pre-trafficking controlled precursors
The prosecution may prove an offence against Division 306 (pre-trafficking controlled precursors) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled precursors are involved.
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Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants
The prosecution may prove an offence against Subdivision A of Division 307 (importing and exporting border controlled drugs or border controlled plants) by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants
The prosecution may prove an offence against Subdivision B of Division 307 (possessing unlawfully imported border controlled drugs or border controlled plants) by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.15
311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
The prosecution may prove an offence against Subdivision C of Division 307 (possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported) by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
311.16 Multiple offences—importing or exporting border controlled precursors
The prosecution may prove an offence against Subdivision D of Division 307 (importing and exporting border controlled precursors) by proving:
Note: See section 312.2 for working out quantities where different kinds of border controlled precursors are involved.
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311.17 Multiple offences—supplying controlled drugs to children for trafficking
The prosecution may prove an offence against section 309.3 (supplying marketable quantities of controlled drugs to children for trafficking) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.18 Multiple offences—procuring children for trafficking controlled drugs
The prosecution may prove an offence against section 309.7 (procuring children for trafficking marketable quantities of controlled drugs) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled drugs are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 311 Combining quantities of drugs, plants or precursors
Section 311.19
311.19 Multiple offences—procuring children for pre-trafficking controlled precursors
The prosecution may prove an offence against section 309.10 (procuring children for pre-trafficking marketable quantities of controlled precursors) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of controlled precursors are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants
The prosecution may prove an offence against section 309.12 (procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of border controlled drugs or border controlled plants are involved.
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Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.21 Multiple offences—procuring children for importing or exporting border controlled precursors
The prosecution may prove an offence against section 309.14 (procuring children for importing or exporting marketable quantities of border controlled precursors) by proving:
Note 1: See section 312.2 for working out quantities where different kinds of border controlled precursors are involved.
Note 2: Section 313.4 provides a partial defence in relation to the matter in paragraph (c).
311.22 General rules—combining parcels from multiple offences
Example: A person is in possession of a quantity of a controlled drug for sale on one day (the first occasion) and sells that particular quantity the next day (the second occasion). Only the quantity trafficked on one of those occasions may be counted.
(3) This Subdivision does not prevent a person being charged with separate offences in respect of conduct on different occasions.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 312 Working out quantities of drugs, plants or precursors
Section 312.1
Division 312—Working out quantities of drugs, plants or precursors
312.1 Working out quantities of drugs and precursors in mixtures
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Working out quantities of drugs, plants or precursors Division 312
312.2 Working out quantities where different kinds of drugs, plants or precursors are involved
(a) the quantity of the drugs or plants is a trafficable quantity if the sum of the requisite fractions of the trafficable quantity of each of those drugs or plants is equal to or greater than one;
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 312 Working out quantities of drugs, plants or precursors
Section 312.2
(a) on the basis of the quantity of the border controlled drug in pure form; or
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Working out quantities of drugs, plants or precursors Division 312
(b) if such a quantity is specified in Division 314 for the border controlled drug in a mixture—on the basis of the quantity of the mixture.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 313 Defences and alternative verdicts
Section 313.1
Division 313—Defences and alternative verdicts
313.1 Defence—conduct justified or excused by or under a law of a State or Territory
This Part, other than Division 307, does not apply in relation to conduct if:
Note 1: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3)).
Note 2: A person is not criminally responsible for an offence against this Part if the person’s conduct is justified or excused by or under another Commonwealth law (see section 10.5). In 2005, Commonwealth laws that authorised importation, possession or use of controlled drugs, controlled plants, controlled precursors, border controlled drugs, border controlled plants or border controlled precursors included the Customs Act 1901, the Narcotic Drugs Act 1967 and the Crimes Act 1914.
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law
A person is not criminally responsible for an offence against this Part if:
Note: A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3)).
313.3 Alternative verdict—offence not proved
If:
(a) in a prosecution for an offence against this Part, the trier of fact:
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(b) the maximum penalty for the other offence is not greater than
the maximum penalty for the alleged offence; the trier of fact may find the defendant not guilty of the alleged offence but guilty of the other offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor
maximum penalty for the alleged offence; the trier of fact may find the defendant:
Note: A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section 13.4).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 313 Defences and alternative verdicts
Section 313.5
313.5 Alternative verdict—mistake as to identity of drug, plant or precursor
maximum penalty for the alleged offence; the trier of fact may find the defendant:
Note: A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section 13.4).
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Division 314—Drugs, plants, precursors and quantities
314.1 Controlled drugs
(1) The following table lists controlled drugs and sets out quantities:
| Controlled drugs and quantities | |||||
|---|---|---|---|---|---|
| Controlled drug | Trafficable | Marketable | Commercial | ||
| quantity | quantity | quantity | |||
| (grams) | (grams) | (kilograms) | |||
| 1 | Amphetamine | 2.0 | 250.0 | 0.75 | |
| 2 | Cannabis (in any form, | 250.0 | 25,000.0 | 125.0 | |
| including flowering or | |||||
| fruiting tops, leaves, seeds | |||||
| or stalks, but not including | |||||
| Cannabis resin or Cannabis | |||||
| fibre) | |||||
| 3 | Cannabis resin | 20.0 | 25,000.0 | 125.0 | |
| 4 | Cocaine | 2.0 | 250.0 | 2.0 | |
| 5 | Gammabutyrolactone | 0.5 | 250.0 | 1.0 | |
| (GBL) | |||||
| 6 | 4-Hydroxybutanoic acid | 0.5 | 250.0 | 1.0 | |
| (GHB) | |||||
| 7 | Heroin (diacetylmorphine) | 2.0 | 250.0 | 1.5 | |
| 8 | Lysergide (LSD) | 0.002 | 0.05 | 0.002 | |
| 9 | Methamphetamine | 2.0 | 250.0 | 0.75 | |
| 10 | 3,4-Methylenedioxyampheta | 0.5 | 100.0 | 0.75 | |
| mine (MDA) | |||||
| 11 | 3,4-Methylenedioxymetham | 0.5 | 100.0 | 0.5 | |
| phetamine (MDMA) | |||||
| 12 | Opium | 20.0 | 10,000.0 | 20.0 | |
| 13 | Psilocine | 2.0 | 1,000.0 | 2.0 | |
14 Psilocybine 2.0 1,000.0 2.0 15 Tetrahydrocannabinol 2.0 1,000.0 5.0 (THC)
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.1
(2) A substance is a controlled drug if the substance (the drug analogue) is, in relation to a controlled drug listed in subsection (1) (or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a controlled drug):
substance substantially similar in chemical structure; however obtained, except where the drug analogue is separately listed in subsection (1).
(3) The trafficable quantity for a drug analogue described in subsection (2) is:
(a) unless paragraph (b) applies—the trafficable quantity set out in the table in subsection (1) for the controlled drug to the
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
which the drug analogue relates (whether directly or
indirectly); or
(b) if the drug analogue relates to more than one controlled drug listed in the table in subsection (1)—the smallest trafficable quantity set out in the table in subsection (1) for any of those controlled drugs.
314.2 Controlled plants
The following table lists controlled plants and sets out quantities:
| Controlled plants and quantities | ||||
|---|---|---|---|---|
| Controlled plant | Trafficable | Marketable | Commercial | |
| quantity | quantity | quantity | ||
| 1 | Any plant of the genus | 250 g or | 25 kg or | 250 kg or |
| Cannabis | 10 plants | 100 plants | 1,000 plants | |
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.3
314.3 Controlled precursors
| Controlled precursors and quantities | |||
|---|---|---|---|
| Controlled precursor | Marketable | Commercial | |
| quantity | quantity | ||
| (grams) | (kilograms) | ||
| 1 | Ephedrine | 400.0 | 1.2 |
| 2 | Ergometrine | 0.15 | 0.006 |
| 3 | Ergotamine | 0.25 | 0.01 |
| 4 | Isosafrole | 290.0 | 1.45 |
| 5 | Lysergic acid | 0.075 | 0.003 |
| 6 | 3,4-Methylenedioxyphenylacetic acid | 300.0 | 1.5 |
| 7 | 3,4-Methylenedioxyphenyl-2-propanone | 150.0 | 0.75 |
| 8 | Phenylacetic acid | 1,350.0 | 4.05 |
| 9 | Phenyl-2-propanone | 675.0 | 2.03 |
| 10 | Piperonal | 320.0 | 1.6 |
| 11 | Pseudoephedrine | 400.0 | 1.2 |
| 12 | Safrole | 570.0 | 2.85 |
314.4 Border controlled drugs
(1) The following table lists border controlled drugs and sets out quantities:
Border controlled drugs and quantities Border controlled drugs Marketable Commercial quantity quantity (grams) (kilograms)
1 Acetorphine 2.0 2.0 2 Acetyl-alpha-methylfentanyl 0.005 0.005 3 Acetylcodeine 2.0 2.0
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
Border controlled drugs and quantities Border controlled drugs Marketable Commercial quantity quantity (grams) (kilograms)
4 Acetyldihydrocodeine 2.0 2.0 5 Acetylmethadol 2.0 2.0 6 Allylprodine 2.0 2.0 7 Alphacetylmethadol 10.0 10.0 8 Alphameprodine 0.2 0.2 9 Alphamethadol 0.2 0.2 10 alpha-Methylfentanyl 0.005 0.005 11 alpha-Methylthiofentanyl 0.005 0.005 12 Alphaprodine 25.0 25.0 13 Amphecloral 2.0 2.0 14 3-(2-Aminopropyl)indole 2.0 2.0
(alpha-methyltryptamine (AMT)) 15 Amphetamine 2.0 0.75 16 Anileridine 25.0 25.0
17 Barbiturates 50.0 5.0
18 Benzethidine 10.0 10.0
19 Benzoylecgonine 2.0 2.0 20 Benzylmorphine 5.0 5.0 21 Betacetylmethadol 5.0 5.0 22 beta-Hydroxyfentanyl 0.005 0.005 23 beta-Hydroxy-3-methylfentanyl 0.005 0.005 24 Betameprodine 5.0 5.0 25 Betamethadol 5.0 5.0
26 Betaprodine 5.0 5.0 27 Bezitramide 5.0 5.0
| 28 | 4-Bromo-2,5-dimethoxyamphetamine | 0.5 | 0.5 |
|---|---|---|---|
| 29 | Bufotenine | 2.0 | 2.0 |
| 30 | Cannabinoids (other than a Cannabinoid of a kind that can be obtained from a plant that is not a Cannabis plant) | 2.0 | 2.0 |
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.4
| Border controlled drugs and quantities | |||
|---|---|---|---|
| Border controlled drugs | Marketable | Commercial | |
| quantity | quantity | ||
| (grams) | (kilograms) | ||
| 31 | Cannabis (in any form, including flowering | 25,000.0 | 100.0 |
| or fruiting tops, leaves, seeds or stalks, but | |||
| not including Cannabis resin or Cannabis | |||
| fibre) | |||
| 32 | Cannabis resin | 20.0 | 50.0 |
| 33 | Chlorphentermine | 2.0 | 2.0 |
|---|---|---|---|
| 34 | Clonitazene | 5.0 | 5.0 |
| 35 | Cocaine | 2.0 | 2.0 |
| 36 | Codeine | 10.0 | 10.0 |
| 37 | Codeine-N-oxide | 10.0 | 10.0 |
| 38 | Codoxime | 10.0 | 10.0 |
39 Desomorphine 2.0 2.0 40 Dexamphetamine 2.0 2.0 41 Dextromoramide 2.0 2.0
42 2,5-Dimethoxy-4-n-propylthiophenethylami 0.5 0.5 ne (2C-T-7) 43 2,5-Dimethoxy-4-ethylthiophenethylamine 0.5 0.5 (2C-T-2) 44 2,5-Dimethoxy-4-iodophenethylamine (2C-I) 0.5 0.5 45 Diampromide 5.0 5.0 46 Diethylpropion 5.0 5.0 47 Diethylthiambutene 5.0 5.0 48 N,N-Diethyltryptamine 2.0 2.0 49 Difenoxin 2.0 2.0
| 50 | Dihydrocodeine | 10.0 | 10.0 |
|---|---|---|---|
| 51 | Dihydromorphine | 10.0 | 10.0 |
| 52 | Dimenoxadol | 10.0 | 10.0 |
53 Dimepheptanol 10.0 10.0 54 2,5-Dimethoxy-4-methylamphetamine 2.0 0.75 55 1-Dimethylamino-1,2-diphenylethane 5.0 5.0 56 Dimethylthiambutene 20.0 20.0
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
Border controlled drugs and quantities Border controlled drugs Marketable Commercial quantity quantity (grams) (kilograms)
57 N,N-Dimethyltryptamine 2.0 2.0 58 Dioxaphetyl butyrate 2.0 2.0 59 Diphenoxylate 2.0 2.0 60 Dipipanone 10.0 10.0 61 Drotebanol 2.0 2.0
| 62 | Ecgonine | 10.0 | 10.0 |
|---|---|---|---|
| 63 | Ethchlorvynol | 50.0 | 50.0 |
| 64 | Ethinamate | 50.0 | 50.0 |
65 Ethylmethylthiambutene 10.0 10.0 66 Ethylmorphine 2.0 2.0 67 Etonitazene 5.0 5.0
68 Etorphine 5.0 5.0 69 Etoxeridine 5.0 5.0
| 70 | Fentanyl | 0.005 | 0.005 |
|---|---|---|---|
| 71 | Furethidine | 1.0 | 1.0 |
| 72 | Gammabutyrolactone (GBL) | 2.0 | 1.0 |
| 73 | Glutethimide | 50.0 | 50.0 |
| 74 | Harmaline | 2.0 | 5.0 |
| 75 | Harmine | 2.0 | 5.0 |
76 Heroin (diacetylmorphine) 2.0 1.5 77 Hydrocodone 2.0 2.0 78 Hydromorphinol 2.0 2.0 79 Hydromorphone 2.0 2.0 80 Hydroxyamphetamine 2.0 2.0 81 4-Hydroxybutanoic acid (GHB) 2.0 1.0 82 Hydroxypethidine 5.0 5.0 83 Isomethadone 2.0 2.0
84 Ketobemidone 2.0 2.0
85 Levophenacylmorphan 2.0 2.0
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.4
Border controlled drugs and quantities Border controlled drugs Marketable Commercial quantity quantity (grams) (kilograms)
86 Levomethorphan, but not including 2.0 2.0 dextromethorphan 87 Levorphanol, but not including dextrorphan 1.0 1.0 88 Lysergamide 0.1 0.01 89 Lysergide (LSD) 0.002 0.002 90 Meprobamate 50.0 50.0 91 Mescaline 7.5 7.5
| 92 | Metazocine | 7.0 | 7.0 |
|---|---|---|---|
| 93 | Methadone | 2.0 | 2.0 |
| 94 | Methaqualone | 50.0 | 5.0 |
| 95 | Methcathinone |
96 Methorphan, but not including 2.0 2.0 dextromethorphan 97 5-Methoxy-alpha-methyltryptamine 2.0 2.0 (5-MeO-AMT) 98 5-Methoxy-N,N-diisopropyltryptamine 2.0 2.0 (5-MeO-DiPT) 99 Methamphetamine 2.0 0.75 100 3,4-Methylenedioxyamphetamine (MDA) 0.5 0.75 101 3,4-Methylenedioxymethamphetamine 0.5 0.5 (MDMA) 102 Methyldesorphine 2.0 2.0 103 Methyldihydromorphine 2.0 2.0 104 3-Methylfentanyl 0.005 0.005 105 Methylphenidate 2.0 2.0 106 1-Methyl-4-phenyl-4-propionoxypiperidine 2.0 2.0 (MPPP) 107 3-Methylthiofentanyl 0.005 0.005 108 Methyprylon 50.0 50.0 109 Metopon 2.0 2.0 110 Monoacetylmorphines 2.0 2.0
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
| Border controlled drugs and quantities |
|---|
| Border controlled drugs Marketable Commercial |
| quantity quantity |
| (grams) (kilograms) |
| 111 Moramide 2.0 2.0 |
112 Morphan, but not including dextrorphan 2.0 2.0 113 Morpheridine 2.0 2.0 114 Morphine 2.0 1.5 115 Morphine-N-oxide 2.0 2.0 116 Myrophine 20.0 20.0 117 Nicocodine 2.0 2.0
118 Nicodicodine 2.0 2.0
119 Nicomorphine 2.0 2.0 120 Noracymethadol 2.0 2.0 121 Norcodeine 2.0 2.0
122 Norlevorphanol 2.0 2.0 123 Normethadone 5.0 5.0
124 Normorphine 20.0 20.0 125 Norpipanone 10.0 10.0 126 Opium 20.0 20.0 127 Oxycodone 5.0 5.0 128 Oxymorphone 2.0 2.0 129 para-Fluorofentanyl 0.005 0.005 130 Pentazocine 20.0 20.0
131 Pethidine 10.0 10.0
132 Phenadoxone 10.0 10.0
133 Phenampromide 10.0 10.0 134 Phenazocine 1.0 1.0
| 135 | Phencyclidine | 2.0 | 2.0 |
|---|---|---|---|
| 136 | Phendimetrazine | 5.0 | 5.0 |
| 137 | Phenmetrazine | 5.0 | 5.0 |
138 Phenomorphan 5.0 5.0 139 Phenoperidine 1.0 1.0 140 Phentermine 5.0 5.0
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.4
Border controlled drugs and quantities Border controlled drugs Marketable Commercial quantity quantity (grams) (kilograms)
141 1-Phenylethyl-4-phenyl-4-acetoxypiperidine 2.0 2.0 (PEPAP)
142 Pholcodine 5.0 5.0
143 Piminodine 10.0 10.0
144 Pipradrol 1.0 1.0 145 Piritramide 1.0 1.0
146 Proheptazine 1.0 1.0 147 Properidine 25.0 25.0 148 Propiram 10.0 10.0 149 Psilocine 0.1 0.1
150 Psilocybine 0.1 0.1 151 Tetrahydrocannabinols 2.0 5.0 152 Thebacon 2.0 2.0
153 Thebaine 2.0 2.0
154 Thiofentanyl 0.005 0.005
155 Trimeperidine 10.0 10.0
(2) A substance is also a border controlled drug if the substance (the drug analogue) is, in relation to a border controlled drug listed in subsection (1) (or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a border controlled drug):
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;
(iii) halogen, hydroxy, nitro or amino groups; or
substance substantially similar in chemical structure; however obtained, except where the drug analogue is separately listed in subsection (1).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.1 Serious drug offences Division 314 Drugs, plants, precursors and quantities
Section 314.5
smallest commercial quantity specified in the table in subsection (1) for any of those border controlled drugs.
314.5 Border controlled plants
The following table lists border controlled plants and sets out quantities:
| Border controlled plants and quantities | |||
|---|---|---|---|
| Border controlled plants | Marketable quantity | Commercial quantity | |
| 1 2 | Any plant of the genus Cannabis Any plant of the genus Erythroxylon (also known as Erythroxylum) from which cocaine can be extracted either directly or by chemical transformation | 25 kg or 100 plants 80 kg | 250 kg or 1,000 plants |
| 3 | Any plant of the genus Lophophora | ||
| 4 | Any plant of the species Papaver bracteatum | 10 kg | |
| 5 | Any plant of the species Papaver somniferum | 10 kg | |
6 Any plant of the species Piptagenia peregrine 7 Any plant of the species Psilocybe
314.6 Border controlled precursors
(1) The following table lists border controlled precursors and sets out quantities:
| Border controlled precursors and quantities | |||
|---|---|---|---|
| Border controlled precursors | Marketable | Commercial | |
| quantity | quantity | ||
| (grams) | (kilograms) | ||
| 1 | N-Acetylanthranilic acid | ||
| 2 | Any plant of the species Ephedra | ||
| 3 | Ephedrine | 3.2 | 1.2 |
| 4 | Ergometrine | 0.006 | 0.006 |
The Criminal Code Schedule Dangers to the community Chapter 9 Serious drug offences Part 9.1 Drugs, plants, precursors and quantities Division 314
| Border controlled precursors and quantities | |||
|---|---|---|---|
| Border controlled precursors | Marketable | Commercial | |
| quantity | quantity | ||
| (grams) | (kilograms) | ||
| 5 | Ergotamine | 0.01 | 0.01 |
| 6 | Isosafrole | 1.45 | 1.45 |
7 Lysergic acid 0.003 0.003 8 3,4-Methylenedioxyphenyl-2-propanone 0.75 0.75 9 Phenylacetic acid 10.8 4.05 10 Phenylpropanolamine 11 Phenyl-2-propanone 5.4 2.03 12 Piperonal 1.6 1.6 13 Pseudoephedrine 3.2 1.2 14 Safrole 2.85 2.85
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.4 Dangerous weapons Division 360 Cross-border firearms trafficking
Section 360.1
Part 9.4—Dangerous weapons
Division 360—Cross-border firearms trafficking
360.1 Disposal and acquisition of a firearm
360.2 Cross-border offence of disposal or acquisition of a firearm
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
The Criminal Code Schedule Dangers to the community Chapter 9 Dangerous weapons Part 9.4 Cross-border firearms trafficking Division 360
firearm means a firearm within the meaning of the firearm law concerned.
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
360.3 Taking or sending a firearm across borders
(1) A person is guilty of an offence if:
disposal; would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
(2) In this section:
firearm means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c).
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.4 Dangerous weapons Division 360 Cross-border firearms trafficking
Section 360.4
360.4 Concurrent operation intended
This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
The Criminal Code Schedule Dangers to the community Chapter 9 Contamination of goods Part 9.6
Part 9.6—Contamination of goods
380.1 Definitions
(1) In this Part:
constitutional trade and commerce means trade and commerce:
contaminate goods includes:
goods includes any substance:
(2) A reference in this Part to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
380.2 Contaminating goods
Offence based on implied nationhood power
(1) A person is guilty of an offence if:
(i) to cause public alarm or anxiety in Australia; or
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.6 Contamination of goods
Section 380.2
(ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person is guilty of an offence if:
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
The Criminal Code Schedule Dangers to the community Chapter 9 Contamination of goods Part 9.6
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraph (2)(c).
380.3 Threatening to contaminate goods
Offence based on implied nationhood power
(1) A person is guilty of an offence if:
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.6 Contamination of goods
Section 380.3
Offences based on other constitutional powers
(2) A person is guilty of an offence if:
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
The Criminal Code Schedule Dangers to the community Chapter 9 Contamination of goods Part 9.6
(xii) the threat is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraph (2)(c).
380.4 Making false statements about contamination of goods
Offence based on implied nationhood power
(1) A person is guilty of an offence if:
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offence based on other constitutional powers
(2) A person is guilty of an offence if:
(a) the person makes a statement that the person believes to be false; and
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.6 Contamination of goods
Section 380.4
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
The Criminal Code Schedule Dangers to the community Chapter 9 Contamination of goods Part 9.6
(xii) the statement is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
380.5 Extended geographical jurisdiction—category D
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection 380.2(1) or (2), 380.3 (1) or (2) or 380.4(1) or (2).
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.1
Part 9.9—Criminal associations and organisations
Division 390—Criminal associations and organisations
Subdivision A—Definitions
390.1 Definitions
(1) In this Division:
ancillary offence, in relation to a State offence (the primary offence), means:
associate means meet or communicate (by electronic communication or otherwise).
Australian offence means an offence against a law of the Commonwealth, a State or a Territory.
child: without limiting who is a child of a person for the purposes of this Division, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
close family member of a person means:
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
constitutionally covered offence punishable by imprisonment for at least 12 months means:
constitutionally covered offence punishable by imprisonment for at least 3 years means:
de facto partner has the meaning given by the Acts Interpretation Act 1901.
electronic communication means a communication of information:
federal aspect has the meaning given by section 390.2.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.1
foreign offence means an offence against a law of a foreign country or part of a foreign country.
for the benefit of: an offence against any law is, or would if committed be, for the benefit of an organisation if the offence results or is likely to result in:
offence against any law means an Australian offence or a foreign offence.
offence against any law punishable by imprisonment for at least 3 years means:
parent: without limiting who is a parent of a person for the purposes of this Division, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
State offence means an offence against a law of a State.
stepchild: without limiting who is a stepchild of a person for the purposes of this Division, someone is the stepchild of a person if he or she would be the person’s stepchild except that the person is not legally married to the person’s de facto partner.
step-parent: without limiting who is a step-parent of a person for the purposes of this Division, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.
(2) For the purposes of the definition of close family member in subsection (1), if one person is the child of another person because
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(3) To avoid doubt:
390.2 State offences that have a federal aspect
Object
(1) The object of this section is to identify State offences that have a federal aspect because:
State offences that have a federal aspect
(2) For the purposes of this Act, a State offence has a federal aspect if, and only if:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.2
State—the provision would have been a valid law of the Commonwealth; or
(c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth.
Specificity of acts or omissions
(3) For the purposes of paragraph (2)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence is committed (whether or not those circumstances are expressed to be elements of the offence).
State offences covered by paragraph (2)(c)
(4) A State offence is taken to be covered by paragraph (2)(c) if the conduct constituting the State offence:
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
(5) Subsection (4) does not limit paragraph (2)(c).
Subdivision B—Offences
390.3 Associating in support of serious organised criminal activity
(1) A person (the first person) commits an offence if:
Penalty: Imprisonment for 3 years.
Repeat offence
(2) A person (the first person) commits an offence if:
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.3
Penalty: Imprisonment for 3 years.
Knowledge fault element for paragraphs (1)(b) and (2)(c)
(3) The fault element for paragraphs (1)(b) and (2)(c) is knowledge (by the first person).
Intention fault element for paragraphs (1)(c) and (2)(d)
(3A) The fault element for paragraphs (1)(c) and (2)(d) is intention (by the first person).
Absolute liability
(4) Absolute liability applies to paragraphs (1)(e) and (2)(f).
Note: For absolute liability, see section 6.2.
Prosecution need not prove identity of certain persons
(5) In a prosecution for an offence against subsection (1) or (2), it is not necessary to prove the identity of any of the persons mentioned in paragraph (1)(d) or (2)(e).
Defence for certain kinds of associations
(6) This section does not apply to an association if:
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3).
(6A) Paragraphs (6)(a), (b), (c), (d) and (e) do not limit one another.
Other limits on this section
390.4 Supporting a criminal organisation
(1) A person commits an offence if:
resources will aid; the organisation to engage in conduct constituting an offence against any law; and
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.5
an offence against any law that is, or would if committed be, for the benefit of the organisation; and
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to paragraphs (1)(e) and (f).
Note: For absolute liability, see section 6.2.
(3) To avoid doubt, a person may be convicted of an offence against subsection (1) because of a risk that the provision of the support or resources will aid the organisation as described in paragraph (1)(b) even if the provision of the support or resources does not actually aid the organisation in that way.
390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation
Offence committed for the benefit of an organisation
(1) A person commits an offence if:
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
Penalty: Imprisonment for 7 years.
Offence committed at the direction of an organisation
(2) A person commits an offence if:
Penalty: Imprisonment for 7 years.
Fault elements
(3) There is no fault element for the physical elements described in paragraphs (1)(a) and (2)(a) other than the fault elements (however described), if any, for the underlying offence.
Absolute liability
(4) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.
Avoiding multiplicity of proceedings and punishments
(5) To avoid doubt, the person may be convicted of an offence against subsection (1) or (2) even if the person has not:
(a) been convicted of the underlying offence; or
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.6
(b) been the subject of an order under section 19B (Discharge of offenders without proceeding to conviction) of the Crimes Act 1914, or a corresponding law of a State, Territory or foreign country, relating to the underlying offence.
(6) If a person has been convicted or acquitted of a foreign offence in respect of conduct, the person cannot be convicted of an offence against this section in respect of that conduct.
Note: If the underlying offence is an Australian offence, section 4C of the Crimes Act 1914 prevents the person from being punished twice under Australian law (once under this section and once under the Commonwealth, State or Territory law creating the underlying offence) for the act or omission constituting the underlying offence.
Likely benefits
(7) To avoid doubt, the person may be convicted of an offence against subsection (1) because the underlying offence is likely to result in the organisation or at least one member receiving benefits as described in the definition of for the benefit of in subsection 390.1(1), even if the organisation or member does not actually receive such a benefit.
390.6 Directing activities of a criminal organisation
(1) A person commits an offence if:
aid; the organisation to engage in conduct constituting an offence against any law; and
(c) the organisation consists of 2 or more persons; and
The Criminal Code Schedule Dangers to the community Chapter 9 Criminal associations and organisations Part 9.9 Criminal associations and organisations Division 390
Penalty: Imprisonment for 10 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(3) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.
(4) To avoid doubt, the person may be convicted of an offence against subsection (1) because of a risk that the activity or activities directed will aid the organisation as described in paragraph (1)(b) even if the activity or activities do not actually aid the organisation in that way.
Schedule The Criminal Code Chapter 9 Dangers to the community Part 9.9 Criminal associations and organisations Division 390 Criminal associations and organisations
Section 390.7
390.7 Extended geographical jurisdiction—category C
Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against this Division.
The Criminal Code Schedule National infrastructure Chapter 10 Money laundering Part 10.2 Money laundering Division 400
Chapter 10—National infrastructure
Part 10.2—Money laundering
Division 400—Money laundering
400.1 Definitions
(1) In this Division:
ADI (authorised deposit-taking institution) means:
Australian Capital Territory indictable offence means an offence against a law of the Australian Capital Territory that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
banking transaction includes:
Commonwealth indictable offence means an offence against a law of the Commonwealth, or a law of a Territory (other than the Australian Capital Territory and the Northern Territory), that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
deals with money or other property has the meaning given by section 400.2.
export money or other property, from Australia, includes transfer money or other property from Australia by an electronic communication.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.2 Money laundering Division 400 Money laundering
Section 400.1
foreign indictable offence means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against:
that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
Note: See subsection (3) for when a law of a State or Territory is connected with the offence.
import money or other property, into Australia, includes transfer money or other property to Australia by an electronic communication.
instrument of crime: money or other property is an instrument of crime if it is used in the commission of, or used to facilitate the commission of, an offence against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
Northern Territory indictable offence means an offence against a law of the Northern Territory that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
proceeds of crime means any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of an offence against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.
State indictable offence means an offence against a law of a State that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
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400.2 Definition of deals with money or other property
A person deals with money or other property if the person does any of the following:
400.2A Application of offences relating to possible instruments of crime
(a) a Commonwealth indictable offence; or
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Section 400.3
Note: The prosecution need not prove the existence of any fault element for the nature of the offence: see section 400.11.
Note: For absolute liability, see section 6.2.
400.3 Dealing in proceeds of crime etc.—money or property worth $1,000,000 or more
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 25 years, or 1500 penalty units, or both.
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(2) A person is guilty of an offence if:
Penalty: Imprisonment for 12 years, or 720 penalty units, or both.
(3) A person is guilty of an offence if:
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.2 Money laundering Division 400 Money laundering
Section 400.4
400.4 Dealing in proceeds of crime etc.—money or property worth $100,000 or more
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 20 years, or 1200 penalty units, or both.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
(3) A person is guilty of an offence if:
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that it will become an instrument of crime (as the case
requires); and
(d) at the time of the dealing, the value of the money and other property is $100,000 or more.
Penalty: Imprisonment for 4 years, or 240 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
400.5 Dealing in proceeds of crime etc.—money or property worth $50,000 or more
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
(2) A person is guilty of an offence if:
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Section 400.6
(d) at the time of the dealing, the value of the money and other property is $50,000 or more.
Penalty: Imprisonment for 7 years, or 420 penalty units, or both.
(3) A person is guilty of an offence if:
Penalty: Imprisonment for 3 years, or 180 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
400.6 Dealing in proceeds of crime etc.—money or property worth $10,000 or more
(1) A person is guilty of an offence if:
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Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(3) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.2 Money laundering Division 400 Money laundering
Section 400.7
400.7 Dealing in proceeds of crime etc.—money or property worth $1,000 or more
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(3) A person is guilty of an offence if:
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(d) at the time of the dealing, the value of the money and other property is $1,000 or more.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
400.8 Dealing in proceeds of crime etc.—money or property of any value
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 6 months, or 30 penalty units, or both.
(3) A person is guilty of an offence if:
(a) the person deals with money or other property; and
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.2 Money laundering Division 400 Money laundering
Section 400.9
Penalty: 10 penalty units.
Note: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
400.9 Dealing with property reasonably suspected of being proceeds of crime etc.
(1) A person commits an offence if:
Penalty: Imprisonment for 3 years, or 180 penalty units, or both.
(1A) A person commits an offence if:
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(2) Without limiting paragraph (1)(b) or (1A)(b), that paragraph is taken to be satisfied if:
(a) the conduct referred to in paragraph (1)(a) involves a number of transactions that are structured or arranged to avoid the
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reporting requirements of the Financial Transaction Reports Act 1988 that would otherwise apply to the transactions; or
(aa) the conduct involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 that would otherwise apply to the transactions; or
(b) the conduct involves using one or more accounts held with ADIs in false names; or
(ba) the conduct amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; or
(da) the conduct involves a threshold transaction (within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006) and the defendant:
(e) the defendant:
(4) Absolute liability applies to paragraphs (1)(b) and (c) and (1A)(b) and (c).
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.2 Money laundering Division 400 Money laundering
Section 400.10
(5) This section does not apply if the defendant proves that he or she had no reasonable grounds for suspecting that the money or property was derived or realised, directly or indirectly, from some form of unlawful activity.
Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4).
400.10 Mistake of fact as to the value of money or property
(1) A person is not criminally responsible for an offence against section 400.3, 400.4, 400.5, 400.6, 400.7 or 400.9 in relation to money or property if:
Example: Assume that a person deals with money or property that is the proceeds of crime. While the person believes it to be proceeds of crime, he or she is under a mistaken but reasonable belief that it is worth $90,000 when it is in fact worth $120,000.
That belief is a defence to an offence against subsection 400.4(1) (which deals with money or property of a value of $100,000 or more). However, the person would be guilty of an offence against subsection 400.5(1) (which deals with money or property of a value of $10,000 or more). Section 400.14 allows for an alternative verdict of guilty of an offence against subsection 400.5(1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3)).
(2) A person may be regarded as having considered what the value of the money or property was if:
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same, or substantially the same, as those surrounding the
previous occasion.
400.11 Proof of certain matters relating to kinds of offences not required
In a prosecution for an offence against a provision of this Division, it is not necessary to prove the existence of any fault element in relation to any of the following:
400.12 Combining several contraventions in a single charge
element of the offence in question; that value is taken to be the sum of the values of the money and other property dealt with in respect of each of those instances.
400.13 Proof of other offences is not required
(1) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of crime, to establish:
(a) a particular offence was committed in relation to the money or property; or
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Section 400.14
(b) a particular person committed an offence in relation to the money or property.
(2) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division an intention or risk that money or property will be an instrument of crime, to establish that:
400.14 Alternative verdicts
If, on a trial for an offence against a provision of this Division (the offence charged), the trier of fact:
the trier of fact may find the defendant not guilty of the offence charged but guilty of the other offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.
400.15 Geographical jurisdiction
(1) A person does not commit an offence against this Division unless:
(iii) is at risk of becoming an instrument of crime;
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in relation to a Commonwealth indictable offence, a State indictable offence, an Australian Capital Territory indictable offence or a Northern Territory indictable offence; or
(iii) the conduct constituting the primary offence to which the ancillary offence relates occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) A person is not guilty of an offence against this Division if:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
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Section 400.15
(ii) the part of the foreign country where the conduct
constituting the alleged offence occurs; a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the offence against this Division.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) A person is not guilty of an offence against this Division if:
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
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Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
Extended application of sections 16.1, 16.2 and 16.3
(6) Section 16.1, except paragraph 16.1(1)(a), applies in relation to an offence against this Division (in addition to the application of that section apart from this subsection).
Note: Section 16.1 requires the Attorney-General’s consent for prosecution of an offence if the alleged conduct occurred wholly in a foreign country in certain circumstances.
(7) Sections 16.2 and 16.3 apply for the purposes of this Division in the same way as they apply for the purposes of Part 2.7.
Note: Section 16.2 treats the sending of things and electronic communications into and out of Australia as conduct occurring partly in Australia. Section 16.3 affects the meaning of Australia.
400.16 Saving of other laws
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.5 Postal services Division 470 Preliminary
Section 470.1
Part 10.5—Postal services Division 470—Preliminary
470.1 Definitions
In this Part:
article has the same meaning as in the Australian Postal Corporation Act 1989.
article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post.
Australia Post means the Australian Postal Corporation.
carry, in relation to an article, has the same meaning as in the Australian Postal Corporation Act 1989.
carry by post has the same meaning as in the Australian Postal Corporation Act 1989.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
mail-receptacle means a mail-bag, package, parcel, container, wrapper, receptacle or similar thing that:
postage stamp has the same meaning as in the Australian Postal Corporation Act 1989.
postal message means:
(a) a material record of an unwritten communication:
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National infrastructure Chapter 10 Postal services Part 10.5 Preliminary Division 470
Section 470.1
(b) a material record issued by Australia Post as a record of an unwritten communication:
postal or similar service means:
(iii) between a State and a Territory or between 2 Territories.
property has the same meaning as in Chapter 7.
unwritten communication has the same meaning as in the Australian Postal Corporation Act 1989.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.5 Postal services Division 470 Preliminary
Section 470.2
470.2 Dishonesty
For the purposes of this Part, dishonest means:
470.3 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.
470.4 Meaning of expressions used in Subdivisions B and C of Division 471
(1) Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.
Note: These expressions include child abuse material and child pornography material.
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National infrastructure Chapter 10 Postal services Part 10.5 Preliminary Division 470
Section 470.4
(4) Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.5 Postal services Division 471 Postal offences
Section 471.1
Division 471—Postal offences
Subdivision A—General postal offences
471.1 Theft of mail-receptacles, articles or postal messages
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Dishonesty
(2) For the purposes of this section, a person’s appropriation of a mail-receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail-receptacle, article or postal message.
Intention of permanently depriving a person of a mail-receptacle, article or postal message
(3) For the purposes of this section, if:
to dispose of regardless of the other’s rights; the person has the intention of permanently depriving the other of it.
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(4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower’s or lender’s own to dispose of regardless of another’s rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
471.2 Receiving stolen mail-receptacles, articles or postal messages
(1) A person is guilty of an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.
Stolen property
(2) For the purposes of this section, property is stolen property if, and only if:
Original stolen property
(i) the person from whom the property was appropriated ceases to have any right to restitution in respect of the property; or
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Section 471.2
(ii) a person claiming through the person from whom the property was appropriated ceases to have any right to restitution in respect of the property.
Tainted property
(5) For the purposes of this section, tainted property is property that:
Alternative verdicts
Receiving stolen property before commencement
(8) For the purposes of this section:
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471.3 Taking or concealing of mail-receptacles, articles or postal messages
A person is guilty of an offence if the person dishonestly takes or conceals:
Penalty: Imprisonment for 5 years.
471.4 Dishonest removal of postage stamps or postmarks
A person is guilty of an offence if the person dishonestly:
Penalty: Imprisonment for 12 months.
471.5 Dishonest use of previously used, defaced or obliterated stamps
(1) A person is guilty of an offence if the person dishonestly uses for postal services a postage stamp:
Penalty: Imprisonment for 12 months.
(2) If, in proceedings for an offence against subsection (1), it is proved that the defendant caused an article to or on which was affixed or printed a postage stamp:
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Section 471.6
to be carried by post, it is presumed, in the absence of evidence to the contrary, that the defendant used the stamp for postal services.
(3) The burden of proof in respect of evidence to the contrary is an evidential burden of proof.
471.6 Damaging or destroying mail-receptacles, articles or postal messages
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
471.7 Tampering with mail-receptacles
(1) A person is guilty of an offence if the person dishonestly:
(a) opens a mail-receptacle; or
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(b) tampers with a mail-receptacle.
Penalty: Imprisonment for 5 years.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
471.8 Dishonestly obtaining delivery of articles
A person is guilty of an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.
Penalty: Imprisonment for 5 years.
471.9 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against section 471.1, 471.2, 471.3, 471.4, 471.5, 471.6, 471.7 or 471.8.
471.10 Hoaxes—explosives and dangerous substances
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
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Section 471.11
(2) To avoid doubt, the definition of carry by post in section 470.1 does not apply to this section.
471.11 Using a postal or similar service to make a threat
Threat to kill
(1) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Threat to cause serious harm
(2) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 7 years.
Actual fear not necessary
Definitions
fear includes apprehension.
threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.
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471.12 Using a postal or similar service to menace, harass or cause offence
A person is guilty of an offence if:
Penalty: Imprisonment for 2 years.
471.13 Causing a dangerous article to be carried by a postal or similar service
Offence
(1) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Danger of death or serious harm
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Section 471.14
Definition
(6) To avoid doubt, the definition of carry by post in section 470.1 does not apply to this section.
471.14 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against section 471.10, 471.11, 471.12 or
471.13.
471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post
Offence
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
Geographical jurisdiction
(2) Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against subsection (1).
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Subdivision B—Offences relating to use of postal or similar service for child pornography material or child abuse material
471.16 Using a postal or similar service for child pornography material
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
471.17 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service
(1) A person commits an offence if:
in committing an offence against section 471.16 (using a postal or similar service for child pornography material).
Penalty: Imprisonment for 15 years.
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Section 471.18
471.18 Defences in respect of child pornography material
(1) A person is not criminally responsible for an offence against section 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc. child pornography material for use through a postal or similar service) because of engaging in particular conduct if the conduct:
conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
471.19 Using a postal or similar service for child abuse material
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
Penalty: Imprisonment for 15 years.
471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
(1) A person commits an offence if:
in committing an offence against section 471.19 (using a postal or similar service for child abuse material).
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Section 471.21
Penalty: Imprisonment for 15 years.
471.21 Defences in respect of child abuse material
(1) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) because of engaging in particular conduct if the conduct:
conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
(1) A person commits an offence against this section if:
Penalty: Imprisonment for 25 years.
Offence or conduct need not be the same
(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
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Section 471.23
Double jeopardy etc.
471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
471.23 Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 471.22(1), the trier of fact:
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16
471.24 Using a postal or similar service to procure persons under 16
(1) A person (the sender) commits an offence if:
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Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
(3) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
471.25 Using a postal or similar service to “groom” persons under 16
(1) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
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Section 471.25
Penalty: Imprisonment for 12 years.
(2) A person (the sender) commits an offence if:
Penalty: Imprisonment for 12 years.
(3) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
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471.26 Using a postal or similar service to send indecent material to person under 16
(1) A person (the sender) commits an offence if:
Penalty: Imprisonment for 7 years.
indecent means indecent according to the standards of ordinary people.
471.27 Age-related provisions relating to offences against this Subdivision
Application of absolute liability
(1) For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that the recipient is someone who is under 16.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
(2) For the purposes of an offence against subsection 471.24(2) or (3) or 471.25(2) or (3), absolute liability applies to the physical element of circumstance of the offence that the participant is at least 18.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
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Section 471.27
Proof of belief about age—evidence of representation
believed the participant to be at least 18 or over or of that particular age.
Determining age—admissible evidence
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471.28 Other provisions relating to offences against this Subdivision
Impossibility of sexual activity taking place
(1) A person may be found guilty of an offence against section 471.24 or 471.25 even if it is impossible for the sexual activity referred to in that section to take place.
Fictitious recipient
(2) For the purposes of an offence against this Subdivision, it does not matter that the recipient to whom the sender believes the sender is causing an article to be carried is a fictitious person represented to the sender as a real person.
Attempt not offence
(3) It is not an offence to attempt to commit an offence against section 471.24 or 471.25.
471.29 Defences to offences against this Subdivision
Belief that recipient at least 16
(1) It is a defence to a prosecution for an offence against this Subdivision if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the recipient was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving procuring or “grooming” child for sexual activity with other participant—belief that participant under 18
(2) It is a defence to a prosecution for an offence against subsection 471.24(2) or (3) or 471.25(2) or (3) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the participant was under 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
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Section 471.30
Trier of fact may take into account whether belief reasonable
(3) In determining whether the defendant had the belief mentioned in subsection (1) or (2), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
Subdivision D—Miscellaneous
471.30 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against Subdivision B or C of this Division.
471.31 Definition of carry by post does not apply
To avoid doubt, the definition of carry by post in section 470.1 does not apply in relation to Subdivision B or C of this Division.
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Division 472—Miscellaneous
472.1 Saving of other laws
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
472.2 Interpretation of other laws
In determining the meaning of a provision of:
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Section 473.1
Part 10.6—Telecommunications Services
Division 473—Preliminary
473.1 Definitions
In this Part:
access in relation to material includes:
account identifier means:
Note: Paragraph (a)—This would include a SIM card.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
Note: See also section 474.3 respecting persons who are taken to be carriage service providers in relation to certain matters.
carrier has the same meaning as in the Telecommunications Act 1997.
Note: See also section 474.3 respecting persons who are taken to be carriers in relation to certain matters.
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carry includes transmit, switch and receive.
child abuse material means:
(a) material that depicts a person, or a representation of a person, who:
physical abuse; and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(b) material that describes a person who:
physical abuse; and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive.
child pornography material means:
(a) material that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(b) material the dominant characteristic of which is the depiction, for a sexual purpose, of:
(iii) the breasts, or a representation of the breasts, of a female person who is, or appears to be, under 18 years of age;
in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
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Section 473.1
(c) material that describes a person who is, or is implied to be, under 18 years of age and who:
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(d) material that describes:
be, under 18 years of age; and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive.
communication in the course of telecommunications carriage
means a communication that is being carried by a carrier or carriage service provider, and includes a communication that has been collected or received by a carrier or carriage service provider for carriage, but has not yet been delivered by the carrier or carriage service provider.
connected, in relation to a telecommunications network, includes connection otherwise than by means of physical contact (for example, a connection by means of radiocommunication).
control of data, or material that is in the form of data, has the meaning given by section 473.2.
depict includes contain data from which a visual image (whether still or moving) can be generated.
describe includes contain data from which text or sounds can be generated.
emergency call person has the same meaning as in the Telecommunications Act 1997.
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emergency service number has the same meaning as in the Telecommunications Act 1997.
emergency service organisation has the same meaning as in section 147 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
facility has the same meaning as in the Telecommunications Act 1997.
intelligence or security officer means an officer or employee of:
Intelligence Organisation; and includes a staff member (within the meaning of the Intelligence Services Act 2001) of the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service or the Defence Signals Directorate.
interception device means an apparatus or device that:
communications passing over a telecommunications system; and
(c) is not designed principally for the reception of
communications transmitted by radiocommunications. Terms used in this definition that are defined in the Telecommunications (Interception and Access) Act 1979 have the same meaning in this definition as they have in that Act.
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Section 473.1
internet content host has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
law enforcement officer means any of the following:
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loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.
material includes material in any form, or combination of forms, capable of constituting a communication.
mobile telecommunications account means an account with a carriage service provider for the supply of a public mobile telecommunications service to an end-user.
mobile telecommunications device means an item of customer equipment (within the meaning of the Telecommunications Act 1997) that is used, or is capable of being used, in connection with a public mobile telecommunications service.
nominated carrier has the same meaning as in the Telecommunications Act 1997.
NRS provider has the same meaning as in Part 3 of the
Telecommunications (Consumer Protection and Service Standards) Act 1999.
obtaining includes:
obtaining data, or material that is in the form of data, has the meaning given by section 473.3.
possession of data, or material that is in the form of data, has the meaning given by section 473.2.
producing data, or material that is in the form of data, has the meaning given by section 473.3.
property has the same meaning as in Chapter 7.
public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.
radiocommunication has the same meaning as in the Radiocommunications Act 1992.
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Section 473.1
serious offence against a foreign law means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted a serious offence against a law of the Commonwealth, a State or a Territory.
serious offence against a law of the Commonwealth, a State or a Territory means an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment:
subscription-specific secure data means data that is used, or is capable of being used, to:
supplying data, or material that is in the form of data, has the meaning given by section 473.3.
telecommunications device identifier means:
Note: Paragraph (a)—For example, GSM mobile phones use an industry-recognised International Mobile Equipment Identity (IMEI) number. This number identifies the particular phone, as compared to the SIM card number which identifies a particular telecommunications account. Carriers are able to block service to lost and stolen mobile phones based on their IMEI numbers.
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telecommunications network has the same meaning as in the Telecommunications Act 1997.
use, a carriage service, has a meaning affected by section 473.5.
473.2 Possession or control of data or material in the form of data
A reference in this Part to a person having possession or control of data, or material that is in the form of data, includes a reference to the person:
473.3 Producing, supplying or obtaining data or material in the form of data
A reference in this Part to a person producing, supplying or obtaining data, or material that is in the form of data, includes a reference to the person:
473.4 Determining whether material is offensive
The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:
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Section 473.5
(c) the general character of the material (including whether it is of a medical, legal or scientific character).
473.5 Use of a carriage service
For the purposes of this Part, a person is taken not to use a carriage service by engaging in particular conduct if:
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Division 474—Telecommunications offences Subdivision A—Dishonesty with respect to carriage services
474.1 Dishonesty
474.2 General dishonesty with respect to a carriage service provider
Obtaining a gain
(1) A person is guilty of an offence if the person does anything with the intention of dishonestly obtaining a gain from a carriage service provider by way of the supply of a carriage service.
Penalty: Imprisonment for 5 years.
Causing a loss
Penalty: Imprisonment for 5 years.
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Section 474.3
Subdivision B—Interference with telecommunications
474.3 Person acting for a carrier or carriage service provider
474.4 Interception devices
(1) A person is guilty of an offence if:
(a) the person:
(iii) sells; or
(iv) possesses;
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an apparatus or device (whether in an assembled or unassembled form); and
(b) the apparatus or device is an interception device.
Penalty: Imprisonment for 5 years.
(2) A person is not criminally responsible for an offence against subsection (1) if the person possesses the interception device in the course of the person’s duties relating to the interception of communications that does not constitute a contravention of subsection 7(1) of the Telecommunications (Interception and Access) Act 1979.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(3) A person is not criminally responsible for an offence against subsection (1) if the applicable conduct mentioned in subparagraphs (1)(a)(i) to (iv) is in circumstances specified in regulations made for the purposes of this subsection.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
474.5 Wrongful delivery of communications
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 1 year.
(2) A person is not criminally responsible for an offence against subsection (1) if the person engages in the conduct referred to in paragraph (1)(b) with the consent or authorisation of the person to whom, or the person operating the carriage service to which, the communication is directed.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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Section 474.6
474.6 Interference with facilities
(1) A person is guilty of an offence if the person tampers with, or interferes with, a facility owned or operated by:
Penalty: Imprisonment for 1 year.
Penalty: Imprisonment for 2 years.
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Penalty: Imprisonment for 2 years.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992.
(8) For the purposes of this section, a facility is taken to be owned or operated by a nominated carrier if the Telecommunications Act 1997 applies, under section 81A of that Act, as if that facility were owned or operated by the nominated carrier.
474.7 Modification etc. of a telecommunications device identifier
(1) A person is guilty of an offence if the person:
Penalty: Imprisonment for 2 years.
(2) A person is not criminally responsible for an offence against subsection (1) if the person is:
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Section 474.8
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(3) A person is not criminally responsible for an offence against subsection (1) if:
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.
474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier
(1) A person is guilty of an offence if:
in committing an offence against subsection 474.7(1) (modification of a telecommunications device identifier).
Penalty: Imprisonment for 2 years.
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Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(5) A person is not criminally responsible for an offence against subsection (1) if:
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.
474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
(1) A person is guilty of an offence if:
in committing an offence against subsection 474.7(1) (modification of a telecommunications device identifier).
Penalty: Imprisonment for 2 years.
(2) A person may be found guilty of an offence against subsection (1) even if committing the offence against subsection 474.7(1) (modification of a telecommunications device identifier) is impossible.
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Section 474.10
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(5) A person is not criminally responsible for an offence against subsection (1) if:
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.
474.10 Copying subscription-specific secure data
Copying subscription-specific secure data from an existing account identifier
(1) A person is guilty of an offence if the person:
(i) is an account identifier; or
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(ii) will, once the data is copied onto it, be capable of operating as an account identifier.
Penalty: Imprisonment for 2 years.
Copying subscription-specific secure data onto a new account identifier
(2) A person is guilty of an offence if:
operating as an account identifier. This is so whether or not the person knows which particular account identifier the subscription-specific secure data is copied from.
Penalty: Imprisonment for 2 years.
Defences
(3) A person is not criminally responsible for an offence against subsection (1) or (2) if the person is:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(4) A person is not criminally responsible for an offence against subsection (1) or (2) if:
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Section 474.11
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) or (2) and does not operate to authorise any conduct that requires a warrant under some other law.
474.11 Possession or control of data or a device with intent to copy an account identifier
(1) A person is guilty of an offence if:
identifier) or 474.10(2) (copying subscription-specific secure data onto an account identifier).
Penalty: Imprisonment for 2 years.
Defences
(4) A person is not criminally responsible for an offence against subsection (1) if the person is:
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Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(5) A person is not criminally responsible for an offence against subsection (1) if:
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.
474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier
(1) A person is guilty of an offence if:
identifier) or 474.10(2) (copying subscription-specific secure data onto an account identifier).
Penalty: Imprisonment for 2 years.
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Section 474.14
Defences
(4) A person is not criminally responsible for an offence against subsection (1) if the person is:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(5) A person is not criminally responsible for an offence against subsection (1) if:
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.
Subdivision C—General offences relating to use of telecommunications
474.14 Using a telecommunications network with intention to commit a serious offence
(1) A person is guilty of an offence if:
(a) the person:
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(b) the offence is:
Note: For absolute liability, see section 6.2.
474.15 Using a carriage service to make a threat
Threat to kill
(1) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 10 years.
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Section 474.16
Threat to cause serious harm
(2) A person (the first person) is guilty of an offence if:
Penalty: Imprisonment for 7 years.
Actual fear not necessary
(3) In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.
Definitions
(4) In this section: fear includes apprehension. threat to cause serious harm to a person includes a threat to
substantially contribute to serious harm to the person.
474.16 Using a carriage service for a hoax threat
A person is guilty of an offence if:
Penalty: Imprisonment for 10 years.
474.17 Using a carriage service to menace, harass or cause offence
(1) A person is guilty of an offence if:
(a) the person uses a carriage service; and
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(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 3 years.
(2) Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
474.18 Improper use of emergency call service
(1) A person is guilty of an offence if the person:
Penalty: Imprisonment for 3 years.
(2) A person is guilty of an offence if:
Penalty: Imprisonment for 3 years.
(3) In determining whether a call by a person to an emergency service number is a vexatious one, have regard to:
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Section 474.19
Subdivision D—Offences relating to use of carriage service for child pornography material or child abuse material
474.19 Using a carriage service for child pornography material
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 15 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
Note: For the meaning of intention and recklessness see sections 5.2 and
5.4.
(2A) Absolute liability applies to paragraph (1)(aa).
Note: For absolute liability, see section 6.2.
(3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.21 in relation to this section.
474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
(1) A person is guilty of an offence if:
(a) the person:
(i) has possession or control of material; or
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(ii) produces, supplies or obtains material; and
in committing an offence against section 474.19 (using a carriage service for child pornography material).
Penalty: Imprisonment for 15 years.
474.21 Defences in respect of child pornography material
(1) A person is not criminally responsible for an offence against section 474.19 (using a carriage service for child pornography material) or 474.20 (possessing etc. child pornography material for use through a carriage service) because of engaging in particular conduct if the conduct:
conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
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Section 474.21
(3) A person is not criminally responsible for an offence against section 474.19 (using a carriage service for child pornography material) or 474.20 (possessing etc. child pornography material for use through a carriage service) if:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(4) A person is not criminally responsible for an offence against section 474.19 (using a carriage service for child pornography material) or 474.20 (possessing etc. child pornography material for use through a carriage service) if the person engages in the conduct in good faith for the sole purpose of:
(a) assisting the Australian Communications and Media Authority to detect:
Schedule); in the performance of the Authority’s functions under Schedule 5 or Schedule 7 to that Act; or
(b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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474.22 Using a carriage service for child abuse material
(1) A person is guilty of an offence if:
Penalty: Imprisonment for 15 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
Note: For the meaning of intention and recklessness see sections 5.2 and
5.4.
(2A) Absolute liability applies to paragraph (1)(aa).
Note: For absolute liability, see section 6.2.
(3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.24 in relation to this section.
474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
(1) A person is guilty of an offence if:
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Section 474.24
(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
in committing an offence against section 474.22 (using a carriage service for child abuse material).
Penalty: Imprisonment for 15 years.
474.24 Defences in respect of child abuse material
(1) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or
474.23 (possessing etc. child abuse material for use through a carriage service) because of engaging in particular conduct if the conduct:
conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
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(d) conducting scientific, medical or educational research that has been approved by the Minister in writing for the purposes of this section.
(3) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or
474.23 (possessing etc. child abuse material for use through a carriage service) if:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(4) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or
474.23 (possessing etc. child abuse material for use through a carriage service) if the person engages in the conduct in good faith for the sole purpose of:
(a) assisting the Australian Communications and Media Authority to detect:
Schedule); in the performance of the Authority’s functions under Schedule 5 or Schedule 7 to that Act; or
(b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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Section 474.24A
474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
(1) A person commits an offence against this section if:
Penalty: Imprisonment for 25 years.
Offence or conduct need not be the same
(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
Double jeopardy etc.
(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 474.19, 474.20, 474.22 or 474.23 in relation to the conduct that constituted the aggravated offence.
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474.23 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
474.24B Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 474.24A(1), the trier of fact:
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
474.24C Consent to commencement of proceedings where defendant under 18
Subdivision E—Offence relating to obligations of internet service providers and internet content hosts
474.25 Obligations of internet service providers and internet content hosts
A person commits an offence if the person:
(a) is an internet service provider or an internet content host; and
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Section 474.25A
Penalty: 100 penalty units.
Subdivision F—Offences relating to use of carriage service involving sexual activity with person under 16
474.25A Using a carriage service for sexual activity with person under 16 years of age
Engaging in sexual activity with child using a carriage service
(1) A person commits an offence if:
Penalty: Imprisonment for 15 years.
Causing child to engage in sexual activity with another person
(2) A person (the defendant) commits an offence if:
Penalty: Imprisonment for 15 years.
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(3) The fault element for paragraph (2)(b) is intention.
Defence—child present but defendant does not intend to derive gratification
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if:
Note 1: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Note 2: For other defences relating to this offence, see section 474.29.
474.25B Aggravated offence—child with mental impairment or under care, supervision or authority of defendant
(1) A person commits an offence against this section if:
Penalty: Imprisonment for 25 years.
(2) To avoid doubt, a person does not commit the offence against subsection 474.25A(1 or (2) for the purposes of paragraph (1)(a) if the person has a defence to that offence.
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Section 474.26
Alternative verdicts
(3) If, on a trial for an offence (the aggravated offence) against subsection (1), the trier of fact:
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
474.26 Using a carriage service to procure persons under 16 years of age
(1) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
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(3) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
474.27 Using a carriage service to “groom” persons under 16 years of age
(1) A person (the sender) commits an offence if:
Penalty: Imprisonment for 12 years.
(2) A person (the sender) commits an offence if:
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Section 474.27A
Penalty: Imprisonment for 12 years.
(3) A person (the sender) commits an offence if:
Penalty: Imprisonment for 15 years.
474.27A Using a carriage service to transmit indecent communication to person under 16 years of age
(1) A person (the sender) commits an offence if:
Penalty: Imprisonment for 7 years.
(2) In a prosecution for an offence against subsection (1), whether material is indecent is a matter for the trier of fact.
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(3) In this section:
indecent means indecent according to the standards of ordinary people.
474.28 Provisions relating to offences against this Subdivision
Age-related issues—application of absolute liability
(1) For the purposes of an offence against this Subdivision, absolute liability applies to the physical element of circumstance of the offence that:
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 474.29.
(2) For the purposes of an offence against subsection 474.25A(2), 474.26(2) or (3) or 474.27(2) or (3), absolute liability applies to the physical elements of circumstance of the offence that the participant is at least 18 years of age.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 474.29.
Proof of belief about age—evidence of representation
believed the participant to be at least 18 years of age or over or of that age.
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Section 474.28
Determining age—admissible evidence
Issues relating to aggravated offence involving sexual activity
(7A) For the purposes of an offence against subsection 474.25B(1):
| Note 1: | For absolute liability, see section 6.2. |
| Note 2: | For strict liability, see section 6.1. |
| Note 3: | For a defence based on belief that the child did not have a mental |
| impairment, see section 474.29. |
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Impossibility of sexual activity taking place
(8) A person may be found guilty of an offence against section 474.26 or 474.27 even if it is impossible for the sexual activity referred to in that section to take place.
Fictitious recipient
(9) For the purposes of sections 474.26, 474.27 and 474.27A, it does not matter that the recipient to whom the sender believes the sender is transmitting the communication is a fictitious person represented to the sender as a real person.
Attempt not offence
(10) It is not an offence to attempt to commit an offence against section 474.26 or 474.27.
474.29 Defences to offences against this Subdivision
Offences involving sexual activity—belief that child at least 16 years of age
(1) It is a defence to a prosecution for an offence against section 474.25A if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the child was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving sexual activity with other participant—belief that participant under 18 years of age
(2) It is a defence to a prosecution for an offence against subsection 474.25A(2) if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the participant was under 18 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.6 Telecommunications Services Division 474 Telecommunications offences
Section 474.29
Aggravated offence involving sexual activity—belief that child did not have mental impairment
(3) It is a defence to a prosecution for an offence against subsection 474.25B(1) (as that subsection applies because of subparagraph 474.25B(1)(b)(i)) if the defendant proves that, at the time the defendant committed the offence, he or she believed that the child did not have a mental impairment.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving procuring or “grooming” person for sexual activity with other participant—belief that participant under 18 years of age
(4) It is a defence to a prosecution for an offence against subsection 474.26(2) or (3) or 474.27(2) or (3) if the defendant proves that, at the time the communication was transmitted, he or she believed that the participant was under 18 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Offences involving transmission of communication—belief that recipient at least 16 years of age
(5) It is a defence to a prosecution for an offence against section 474.26, 474.27 or 474.27A if the defendant proves that, at the time the communication was transmitted, he or she believed that the recipient was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Trier of fact may take into account whether belief reasonable
(6) In determining whether the defendant had the belief mentioned in one of the preceding subsections of this section, the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
The Criminal Code Schedule National infrastructure Chapter 10 Telecommunications Services Part 10.6 Telecommunications offences Division 474
Subdivision G—Offences relating to use of carriage service for suicide related material
474.29A Using a carriage service for suicide related material
(1) A person is guilty of an offence if:
Penalty: 1,000 penalty units.
(2) A person is guilty of an offence if:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.6 Telecommunications Services Division 474 Telecommunications offences
Section 474.29A
(c) the person:
(iii) intends the material to be used by another person to commit suicide.
Penalty: 1,000 penalty units.
The Criminal Code Schedule National infrastructure Chapter 10 Telecommunications Services Part 10.6 Telecommunications offences Division 474
474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
(1) A person is guilty of an offence if:
in committing an offence against section 474.29A (using a carriage service for suicide related material).
Penalty: 1,000 penalty units.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.6 Telecommunications Services Division 475 Miscellaneous
Section 475.1A
Division 475—Miscellaneous
475.1A Defences for NRS employees and emergency call persons
475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service
Presumption that conduct engaged in using carriage service
(1) If:
person engaged in that particular conduct; then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
The Criminal Code Schedule National infrastructure Chapter 10 Telecommunications Services Part 10.6 Miscellaneous Division 475
Absolute liability applies to physical element of offence that carriage service was used
(2) If:
person intended to engage in that particular conduct; then absolute liability applies to the physical element of the offence that a carriage service was used to engage in that particular conduct.
Note: For absolute liability, see section 6.2.
475.1 Saving of other laws
475.2 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—category A) applies to each offence against this Part.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 476 Preliminary
Section 476.1
Part 10.7—Computer offences Division 476—Preliminary
476.1 Definitions
(1) In this Part: access to data held in a computer means:
Commonwealth computer means a computer owned, leased or operated by a Commonwealth entity.
electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy.
impairment of electronic communication to or from a computer
includes:
link or network used by the computer; but does not include a mere interception of any such communication.
modification, in respect of data held in a computer, means:
unauthorised access, modification or impairment has the meaning given in section 476.2.
(2) In this Part, a reference to:
(a) access to data held in a computer; or
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Preliminary Division 476
computer; is limited to such access, modification or impairment caused, whether directly or indirectly, by the execution of a function of a computer.
476.2 Meaning of unauthorised access, modification or impairment
(1) In this Part:
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
(iii) under a tracking device authorisation given to the person under section 39 of that Act;
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 476 Preliminary
Section 476.3
the person is entitled to cause that access, modification or
impairment.
476.3 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—Category A) applies to offences under this Part.
476.4 Saving of other laws
476.5 Liability for certain acts
(2A) Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or carriage services in Australia, being:
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Preliminary Division 476
(2B) The Inspector-General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.
(2C) In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.
(3) In this section:
ASIS means the Australian Secret Intelligence Service.
civil or criminal liability means any civil or criminal liability
(whether under this Part, under another law or otherwise).
computer-related act, event, circumstance or result means an act,
event, circumstance or result involving:
DIGO means that part of the Department of Defence known as the
Defence Imagery and Geospatial Organisation.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 476 Preliminary
Section 476.5
DSD means that part of the Department of Defence known as the Defence Signals Directorate.
staff member means:
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Serious computer offences Division 477
Division 477—Serious computer offences
477.1 Unauthorised access, modification or impairment with intent to commit a serious offence
Intention to commit a serious Commonwealth, State or Territory offence
Intention to commit a serious Commonwealth offence
(4) A person is guilty of an offence if:
(a) the person causes:
(i) any unauthorised access to data held in a computer; or
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 477 Serious computer offences
Section 477.1
(ii) any unauthorised modification of data held in a computer; or
(iii) any unauthorised impairment of electronic communication to or from a computer; and
(5) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence was:
Penalty
(6) A person who is guilty of an offence against this section is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.
Impossibility
(7) A person may be found guilty of an offence against this section even if committing the serious offence is impossible.
No offence of attempt
(8) It is not an offence to attempt to commit an offence against this section.
Meaning of serious offence
(9) In this section:
serious offence means an offence that is punishable by imprisonment for life or a period of 5 or more years.
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Serious computer offences Division 477
477.2 Unauthorised modification of data to cause impairment
(1) A person is guilty of an offence if:
(iii) the modification of the data is caused by means of a carriage service;
(vii) the modification of the data impairs access to, or the reliability, security or operation of, other data by means of a carriage service.
Penalty: 10 years imprisonment.
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 477 Serious computer offences
Section 477.3
(4) A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.3 (unauthorised impairment of electronic communication).
477.3 Unauthorised impairment of electronic communication
(1) A person is guilty of an offence if:
Penalty: 10 years imprisonment.
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Other computer offences Division 478
Division 478—Other computer offences
478.1 Unauthorised access to, or modification of, restricted data
(1) A person is guilty of an offence if:
(iii) the access to, or modification of, the restricted data is caused by means of a carriage service.
Penalty: 2 years imprisonment.
restricted data means data:
478.2 Unauthorised impairment of data held on a computer disk etc.
(1) A person is guilty of an offence if:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.7 Computer offences Division 478 Other computer offences
Section 478.3
Penalty: 2 years imprisonment.
(2) Absolute liability applies to paragraph (1)(d).
478.3 Possession or control of data with intent to commit a computer offence
(1) A person is guilty of an offence if:
Penalty: 3 years imprisonment.
(2) A person may be found guilty of an offence against this section even if committing the offence against Division 477 is impossible.
No offence of attempt
(3) It is not an offence to attempt to commit an offence against this section.
Meaning of possession or control of data
(4) In this section, a reference to a person having possession or control of data includes a reference to the person:
The Criminal Code Schedule National infrastructure Chapter 10 Computer offences Part 10.7 Other computer offences Division 478
478.4 Producing, supplying or obtaining data with intent to commit a computer offence
(1) A person is guilty of an offence if:
Penalty: 3 years imprisonment.
(2) A person may be found guilty of an offence against this section even if committing the offence against Division 477 is impossible.
No offence of attempt
(3) It is not an offence to attempt to commit an offence against this section.
Meaning of producing, supplying or obtaining data
(4) In this section, a reference to a person producing, supplying or obtaining data includes a reference to the person:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.8 Financial information offences
Section 480.1
Part 10.8—Financial information offences
480.1 Definitions
(1) In this Part:
ADI (authorised deposit-taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959.
dealing in personal financial information includes supplying or using financial information.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
dishonest has the meaning given by section 480.2.
obtaining personal financial information includes possessing or making personal financial information.
personal financial information means information relating to a person that may be used (whether alone or in conjunction with other information) to access funds, credit or other financial benefits.
The Criminal Code Schedule National infrastructure Chapter 10 Financial information offences Part 10.8
480.2 Dishonesty
480.3 Constitutional application of this Part
This Part applies to personal financial information only if:
480.4 Dishonestly obtaining or dealing in personal financial information
A person is guilty of an offence if the person:
Penalty: Imprisonment for 5 years.
480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information
(1) A person is guilty of an offence if:
Schedule The Criminal Code Chapter 10 National infrastructure Part 10.8 Financial information offences
Section 480.6
to commit an offence against section 480.4 (dishonestly obtaining or dealing in personal financial information) or to facilitate the commission of that offence.
Penalty: Imprisonment for 3 years.
480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information
A person is guilty of an offence if the person:
obtaining or dealing in personal financial information) or to facilitate the commission of that offence.
Penalty: Imprisonment for 3 years.
The Criminal Code Schedule Dictionary
Dictionary
aggravated burglary means an offence against section 132.5.
aggravated robbery means an offence against section 132.3.
ancillary offence means:
attack directed against a civilian population means a course of conduct involving the multiple commission of any one or more proscribed inhumane acts against any civilian population pursuant to, or in furtherance of, a state or organisational policy to engage in that course of conduct.
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means:
Australian ship means:
benefit includes any advantage and is not limited to property.
burglary means an offence against section 132.4.
carriage service has the same meaning as in the Telecommunications Act 1997.
Schedule The Criminal Code Dictionary
cause a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2.
Commonwealth authority means a body established by or under a law of the Commonwealth, but does not include:
(ab) an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009; or
(b) a body specified in the regulations.
Commonwealth contract means a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity.
Commonwealth entity means:
Commonwealth judicial officer means:
The Criminal Code Schedule Dictionary
Commonwealth public official means:
Schedule The Criminal Code Dictionary
(iii) the Corporations Act 2001; or
communication includes any communication:
(iii) in the form of visual images (still or moving); or
The Criminal Code Schedule Dictionary
(vi) in any other form; or
(vii) in any combination of forms.
conduct is defined in subsection 4.1(2).
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
contracted service provider, for a Commonwealth contract, means:
Covenant means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986.
crime against humanity means an offence under Subdivision C of Division 268.
crime against the administration of the justice of the International Criminal Court means an offence under Subdivision J of Division 268.
data includes:
data held in a computer includes:
data storage device means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer.
death means:
(a) the irreversible cessation of all function of a person’s brain (including the brain stem); or
Schedule The Criminal Code Dictionary
(b) the irreversible cessation of circulation of blood in a person’s body.
debt bondage means the status or condition that arises from a pledge by a person:
control; as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given), by that person if:
(ba) the debt owed or claimed to be owed is manifestly excessive; or
defence aircraft means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.
defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.
detaining a person includes causing the person to remain where he or she is.
detriment includes any disadvantage and is not limited to personal injury or to loss of or damage to property.
distinctive emblems of the Geneva Conventions means the emblems, identity cards, signs, signals, insignia or uniforms to which subsection 15(1) of the Geneva Conventions Act 1957 applies.
electronic communication means a communication by means of guided or unguided electromagnetic energy or both.
employee includes a servant.
The Criminal Code Schedule Dictionary
engage in conduct is defined in subsection 4.1(2).
engage in sexual activity: without limiting when a person engages in sexual activity, a person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity.
evidence includes anything that may be used as evidence.
evidential burden is defined in subsection 13.3(6).
exploitation, of one person (the victim) by another person (the exploiter), occurs if:
federal aspect is defined in section 390.2.
First Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 1 to the Geneva Conventions Act 1957.
forced labour is defined in section 73.2.
foreign country includes:
Schedule The Criminal Code Dictionary
Fourth Geneva Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 4 to the Geneva Conventions Act 1957.
Geneva Conventions means the First Geneva Convention, the Second Geneva Convention, the Third Geneva Convention and the Fourth Geneva Convention.
genocide means an offence under Subdivision B of Division 268.
Hague Declaration means the Hague Declarations Concerning the Prohibition of Using Bullets which Expand or Flatten Easily in the Human Body, adopted at the Hague on 29 July 1899.
harm means physical harm or harm to a person’s mental health, whether temporary or permanent. However, it does not include being subjected to any force or impact that is within the limits of what is acceptable as incidental to social interaction or to life in the community.
harm to a person’s mental health includes significant psychological harm, but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger.
hors de combat: a person is hors de combat if:
ICC Statute means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 to the International Criminal Court Act 2002.
The Criminal Code Schedule Dictionary
identity document includes any kind of document that may be used to establish the identity of a person in a country under the law or procedures of that country.
intention has the meaning given in section 5.2.
international armed conflict includes a military occupation.
International Criminal Court means the International Criminal Court established under the ICC Statute.
interpreter includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purpose of giving evidence in a proceeding before the International Criminal Court.
knowledge has the meaning given in section 5.3.
law means a law of the Commonwealth, and includes this Code.
legal burden is defined in subsection 13.1(3).
make available, in relation to material, includes, but is not limited to, describing how to obtain access, or describing methods that are likely to facilitate access, to material (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).
mental impairment has the meaning given by subsection 7.3(8).
negligence has the meaning given in section 5.5.
offence means an offence against a law of the Commonwealth.
official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
person includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.
Note: This definition supplements paragraph 22(1)(a) of the Acts
Interpretation Act 1901. That paragraph provides that person includes
a body politic or corporate as well as an individual.
Schedule The Criminal Code Dictionary
personal service means any labour or service, including a sexual service, provided by a person.
physical harm includes unconsciousness, pain, disfigurement, infection with a disease and any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).
position of trust or authority has the meaning given by subsection 272.3(1).
primary offence means an offence against a law of the Commonwealth, other than an ancillary offence.
procure a person to engage in sexual activity includes:
proscribed inhumane act means any of the following acts:
The Criminal Code Schedule Dictionary
Protocol I to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5 to the Geneva Conventions Act 1957.
Protocol II to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts done at Geneva on 10 June 1977.
Protocol III to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6 to the Geneva Conventions Act 1957.
Protocols to the Geneva Conventions means Protocol I to the Geneva Conventions, Protocol II to the Geneva Conventions and Protocol III to the Geneva Conventions.
public official includes:
Schedule The Criminal Code Dictionary
receiving means an offence against section 132.1.
recklessness has the meaning given in section 5.4.
resident of Australia means an individual who is a resident of Australia.
robbery means an offence against section 132.2.
Second Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 2 to the Geneva Conventions Act 1957.
serious harm means harm (including the cumulative effect of any harm):
services provided to a Commonwealth entity includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity’s functions.
sexual activity means:
The Criminal Code Schedule Dictionary
actions or functions (whether or not that activity involves
physical contact between people).
Note: See also the definition of engage in sexual activity.
sexual intercourse has the meaning given by section 272.4.
sexually penetrate is defined in section 71.8.
sexual service means the commercial use or display of the body of the person providing the service for the sexual gratification of others.
sexual servitude has the meaning given by section 270.4.
slavery has the meaning given by section 270.1.
special liability provision means:
subcontractor, for a Commonwealth contract, means a person:
sworn statement means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation.
Schedule The Criminal Code Dictionary
taking a person includes causing the person to accompany another person and causing the person to be taken.
theft means an offence against section 131.1.
Third Geneva Convention means the Geneva Convention relative to the Protection of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 3 to the Geneva Conventions Act 1957.
threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.
travel document includes any kind of document required, under the law of a country, to enter or leave that country.
war crime means an offence under Subdivision D, E, F, G or H of Division 268.
Notes to the Criminal Code Act 1995
Table of Acts
The Criminal Code Act 1995 as shown in this compilation comprises Act No. 12, 1995 amended as indicated in the Tables below.
The Criminal Code Act 1995 was amended by the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50). The amendments are incorporated in this compilation.
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
For application, saving or transitional provisions made by the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, see Act No. 45, 2005.
For all other relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Criminal Code Act 1995 | 12, 1995 | 15 Mar 1995 | 1 Jan 1997 (see | |
| Gazette 1996, | ||||
| No. S534) | ||||
| Criminal Code Amendment | 12, 1998 | 13 Apr 1998 | 13 Apr 1998 | — |
| Act 1998 | ||||
| Criminal Code Amendment | 43, 1999 | 17 June 1999 | 17 Dec 1999 | — |
| (Bribery of Foreign Public | ||||
| Officials) Act 1999 | ||||
| Criminal Code Amendment | 104, 1999 | 24 Aug 1999 | 21 Sept 1999 | — |
| (Slavery and Sexual | ||||
| Servitude) Act 1999 | ||||
| Criminal Code Amendment | 4, 2000 | 29 Feb 2000 | 29 Feb 2000 | — |
| (Application) Act 2000 | ||||
| Criminal Code Amendment | 124, 2000 | 26 Oct 2000 | 1 Jan 2001 (see | — |
| (United Nations and | Gazette 2000, | |||
| Associated Personnel) Act | No. GN45) | |||
| 2000 |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Criminal Code Amendment | 137, 2000 | 24 Nov 2000 | Ss. 1–3 and | — |
| (Theft, Fraud, Bribery and | Schedule 1 (items | |||
| Related Offences) Act | 1, 4, 6, 7, 9–11, 32): | |||
| 2000 | Royal Assent | |||
| Remainder: 24 May | ||||
| 2001 | ||||
| Law and Justice Legislation | 24, 2001 | 6 Apr 2001 | S. 4(1) and (2): (a) | S. 4(1) |
| Amendment (Application | Schedule 1 (item 3): | and (2) | ||
| of Criminal Code) Act | 4 May 2001 (a) | |||
| 2001 | ||||
| Corporations (Repeals, | 55, 2001 | 28 June 2001 | Ss. 4–14 and | Ss. 4–14 |
| Consequentials and | Schedule 3 (items | [see | ||
| Transitionals) Act 2001 | 148–150): 15 July | Note 1] | ||
| 2001 (see Gazette | ||||
| 2001, No. S285) (b) | ||||
| Cybercrime Act 2001 | 161, 2001 | 1 Oct 2001 | 21 Dec 2001 (see | S. 4 |
| Gazette 2001, | ||||
| No. S529) | ||||
| Criminal Code Amendment | 9, 2002 | 4 Apr 2002 | Schedule 1: 16 Oct | — |
| (Anti-hoax and Other | 2001 (c) | |||
| Measures) Act 2002 | Remainder: Royal | |||
| Assent | ||||
| International Criminal Court | 42, 2002 | 27 June 2002 | Schedules 1–7: 26 | — |
| (Consequential | Sept 2002 (see | |||
| Amendments) Act 2002 | s. 2(1) and Gazette | |||
| 2002, No. GN38) | ||||
| Remainder: | ||||
| 28 June 2002 | ||||
| Criminal Code Amendment | 58, 2002 | 3 July 2002 | Schedule 1: 8 Sept | — |
| (Suppression of Terrorist | 2002 (see Gazette | |||
| Bombings) Act 2002 | 2002, No. S331) | |||
| Remainder: Royal | ||||
| Assent | ||||
| Security Legislation | 65, 2002 | 5 July 2002 | S. 4: Royal Assent | Sch. 1 |
| Amendment (Terrorism) | Schedule 1 (item 2): | (item 5) | ||
| Act 2002 | 6 July 2002 | S. 4 (am. | ||
| Schedule 1 (items | by 40, | |||
| 4, 5): (d) | 2003, Sch. | |||
| 2 [item 1]) | ||||
| as amended by | ||||
| Criminal Code | 40, 2003 | 27 May 2003 | (see 40, 2003 | — |
| Amendment (Terrorism) | below) | |||
| Act 2003 | ||||
| Suppression of the | 66, 2002 | 5 July 2002 | Schedule 1 (item 1): | — |
| Financing of Terrorism Act | Royal Assent | |||
| 2002 | Schedule 1 (item 2): | |||
| 6 July 2002 | ||||
| Schedule 1 (item 3): | ||||
| (e) |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Proceeds of Crime | 86, 2002 | 11 Oct 2002 | Ss. 1–3: Royal | — |
| (Consequential | Assent | |||
| Amendments and | Remainder: 1 Jan | |||
| Transitional Provisions) | 2003 (see s. 2(1) | |||
| Act 2002 | and Gazette 2002, | |||
| No. GN44) | ||||
| Criminal Code Amendment | 89, 2002 | 23 Oct 2002 | 23 Oct 2002 | Sch. 1 |
| (Terrorist Organisations) | (item 3) | |||
| Act 2002 | ||||
| Criminal Code Amendment | 91, 2002 | 31 Oct 2002 | S. 4: Royal Assent | S. 4 |
| (Espionage and Related | Schedule 1 (item 5): | |||
| Matters) Act 2002 | 28 Nov 2002 | |||
| Workplace Relations | 105, 2002 | 14 Nov 2002 | Schedule 3 (items | — |
| Legislation Amendment | 38–40): 12 May | |||
| (Registration and | 2003 | |||
| Accountability of | ||||
| Organisations) | ||||
| (Consequential | ||||
| Provisions) Act 2002 | ||||
| as amended by | ||||
| Workplace Relations Legislation Amendment | 127, 2002 | 11 Dec 2002 | Schedule 3 (items 53–55): (f) | — |
| Act 2002 | ||||
| Criminal Code Amendment | 106, 2002 | 14 Nov 2002 | Ss. 1–3: Royal | — |
| (Offences Against | Assent | |||
| Australians) Act 2002 | Remainder: 1 Oct | |||
| 2002 | ||||
| Australian Crime | 125, 2002 | 10 Dec 2002 | Schedule 2 (items | — |
| Commission | 31, 32): 1 Jan 2003 | |||
| Establishment Act 2002 | ||||
| Crimes Legislation | 141, 2002 | 19 Dec 2002 | Schedules 1, 2 and | — |
| Amendment (People | Schedule 3 (items | |||
| Smuggling, Firearms | 1–22, 24–26): | |||
| Trafficking and Other | 16 Jan 2003 | |||
| Measures) Act 2002 | Schedule 3 (item | |||
| 23): 1 Jan 2003 | ||||
| (see s. 2(1) and | ||||
| Gazette 2002, | ||||
| No. GN44) | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Criminal Code Amendment | 40, 2003 | 27 May 2003 | Schedules 1 and 2: | — |
| (Terrorism) Act 2003 | 29 May 2003 (see | |||
| Gazette 2003, | ||||
| No. S175) | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Criminal Code Amendment | 44, 2003 | 24 June 2003 | Ss. 1–3: Royal | — |
| (Hizballah) Act 2003 | Assent | |||
| Remainder: (g) |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Criminal Code Amendment | 109, 2003 | 7 Nov 2003 | 5 Nov 2003 | — |
| (Hamas and | ||||
| Lashkar-e-Tayyiba) Act | ||||
| 2003 | ||||
| Legislative Instruments | 140, 2003 | 17 Dec 2003 | S. 4 and | S. 4 |
| (Transitional Provisions | Schedule 1 (item | |||
| and Consequential | 16): (h) | |||
| Amendments) Act 2003 | ||||
| Criminal Code Amendment | 7, 2004 | 10 Mar 2004 | 10 Mar 2004 | — |
| (Terrorist Organisations) | ||||
| Act 2004 | ||||
| Anti-terrorism Act 2004 | 104, 2004 | 30 June 2004 | 1 July 2004 | — |
| Anti-terrorism Act (No. 2) | 124, 2004 | 16 Aug 2004 | Schedule 3: 17 Aug | — |
| 2004 | 2004 | |||
| Remainder: Royal | ||||
| Assent | ||||
| Crimes Legislation | 127, 2004 | 31 Aug 2004 | Schedule 1 (items | Sch. 1 |
| Amendment | 1, 6–23, 30): 1 Mar | (item 30) | ||
| (Telecommunications | 2005 | and Sch. 4 | ||
| Offences and Other | Schedules 2–4: 28 | (items 2, | ||
| Measures) Act (No. 2) | Sept 2004 | 8) | ||
| 2004 | ||||
| Surveillance Devices Act | 152, 2004 | 15 Dec 2004 | 15 Dec 2004 | — |
| 2004 | ||||
| Australian Passports | 7, 2005 | 18 Feb 2005 | Ss. 4–11 and | — |
| (Transitionals and | Schedule 1: 1 July | |||
| Consequentials) Act 2005 | 2005 (see s. 2(1)) | |||
| Remainder: Royal | ||||
| Assent | ||||
| Australian Communications | 45, 2005 | 1 Apr 2005 | Schedule 3 (items | Sch. 4 |
| and Media Authority | 1, 2) and | [see | ||
| (Consequential and | Schedule 4: 1 July | Note 1] | ||
| Transitional Provisions) | 2005 (see s. 2(1)) | |||
| Act 2005 | ||||
| Criminal Code Amendment | 92, 2005 | 6 July 2005 | Schedule 1: 6 Jan | — |
| (Suicide Related Material | 2006 | |||
| Offences) Act 2005 | Remainder: Royal | |||
| Assent | ||||
| Crimes Legislation | 95, 2005 | 6 July 2005 | Schedule 1: 1 Mar | — |
| Amendment | 2005 | |||
| (Telecommunications | ||||
| Interception and Other | ||||
| Measures) Act 2005 | ||||
| Criminal Code Amendment | 96, 2005 | 6 July 2005 | Schedules 1 and 2: | — |
| (Trafficking in Persons | 3 Aug 2005 | |||
| Offences) Act 2005 | Remainder: Royal | |||
| Assent |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Statute Law Revision Act | 100, 2005 | 6 July 2005 | Schedule 1 | — |
| 2005 | (item 12): (i) | |||
| Anti-Terrorism Act 2005 | 127, 2005 | 3 Nov 2005 | Schedule 1: 4 Nov | S. 4 |
| 2005 | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Intelligence Services | 128, 2005 | 4 Nov 2005 | Schedules 1–8: 2 | — |
| Legislation Amendment | Dec 2005 | |||
| Act 2005 | Remainder: Royal | |||
| Assent | ||||
| Law and Justice Legislation | 129, 2005 | 8 Nov 2005 | Schedule 1: 6 Dec | Sch. 1 |
| Amendment (Serious | 2005 | (items 75, | ||
| Drug Offences and Other | Schedule 2: 26 Oct | 76) | ||
| Measures) Act 2005 | 2006 (see s. 2 and | |||
| Gazette 2006, | ||||
| No. GN48, p. 3373) | ||||
| Schedule 9 (items | ||||
| 3, 4): 9 Nov 2005 | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Anti-Terrorism Act (No. 2) | 144, 2005 | 14 Dec 2005 | S. 4 and | S. 4 |
| 2005 | Schedule 2: Royal | |||
| Assent | ||||
| Schedule 1 (items | ||||
| 2–21), Schedule 3 | ||||
| (items 1–3) and | ||||
| Schedule 4 (items | ||||
| 1–24): 15 Dec 2005 | ||||
| Schedule 1 (item | ||||
| 22): 16 Feb 2006 | ||||
| (see F2006L00345) | ||||
| Schedule 7 (items | ||||
| 5–12): 11 Jan 2006 | ||||
| Telecommunications | 40, 2006 | 3 May 2006 | Schedule 1 (items | — |
| (Interception) Amendment | 17–19): 13 June | |||
| Act 2006 | 2006 (see | |||
| F2006L01623) | ||||
| ASIO Legislation | 54, 2006 | 19 June 2006 | Schedule 1 (items | — |
| Amendment Act 2006 | 12–14): 20 June | |||
| 2006 | ||||
| Law Enforcement (AFP | 84, 2006 | 30 June 2006 | Schedule 3 (items | — |
| Professional Standards | 36–45): 30 Dec | |||
| and Related Measures) | 2006 (see s. 2(1)) | |||
| Act 2006 | ||||
| Law Enforcement Integrity | 86, 2006 | 30 June 2006 | Schedule 1 (item | — |
| Commissioner | 32): 30 Dec 2006 | |||
| (Consequential | (see s. 2(1)) | |||
| Amendments) Act 2006 |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Corporations (Aboriginal | 125, 2006 | 4 Nov 2006 | Schedules 1–3: | — |
| and Torres Strait Islander) | 1 July 2007 (see | |||
| Consequential, | s. 2(1)) | |||
| Transitional and Other | Remainder: Royal | |||
| Measures Act 2006 | Assent | |||
| Anti-Money Laundering and | 170, 2006 | 12 Dec 2006 | Schedule 1 (items | — |
| Counter-Terrorism | 21–38): 13 Dec | |||
| Financing (Transitional | 2006 (see s. 2(1)) | |||
| Provisions and | ||||
| Consequential | ||||
| Amendments) Act 2006 | ||||
| Law and Justice Legislation | 3, 2007 | 19 Feb 2007 | Schedules 1–3: 25 | — |
| Amendment (Marking of | Aug 2007 | |||
| Plastic Explosives) Act | Remainder: Royal | |||
| 2007 | Assent | |||
| Australian Citizenship | 21, 2007 | 15 Mar 2007 | Schedules 1–3: | Sch. 3 |
| (Transitionals and | 1 July 2007 (see | (items 14, | ||
| Consequentials) Act 2007 | s. 2(1) and | 19) | ||
| F2007L01653) | ||||
| Remainder: Royal | ||||
| Assent | ||||
| Communications Legislation | 124, 2007 | 20 July 2007 | Schedule 1 (items | — |
| Amendment (Content | 78–81): 20 Jan | |||
| Services) Act 2007 | 2008 | |||
| International Trade Integrity | 147, 2007 | 24 Sept 2007 | Schedule 2 (items | — |
| Act 2007 | 1–4): 25 Sept 2007 | |||
| Telecommunications | 177, 2007 | 28 Sept 2007 | Schedule 1 (items | Sch. 1 |
| (Interception and Access) | 14, 68): 1 Nov 2007 | (item 68) | ||
| Amendment Act 2007 | (see F2007L03941) | |||
| Wheat Export Marketing | 66, 2008 | 30 June 2008 | Schedule 2 (items | — |
| (Repeal and | 1–5): 1 July 2008 | |||
| Consequential | (see s. 2(1)) | |||
| Amendments) Act 2008 | ||||
| Defence Legislation | 18, 2009 | 26 Mar 2009 | Schedule 1 (items | — |
| (Miscellaneous | 1, 2): 15 Mar 2010 | |||
| Amendments) Act 2009 | ||||
| Customs Legislation | 33, 2009 | 22 May 2009 | Schedule 2 (item | — |
| Amendment (Name | 20): 23 May 2009 | |||
| Change) Act 2009 | ||||
| Fair Work (State Referral | 54, 2009 | 25 June 2009 | Schedule 5 (items | — |
| and Consequential and | 21–27): (j) | |||
| Other Amendments) Act | ||||
| 2009 | ||||
| Disability Discrimination and | 70, 2009 | 8 July 2009 | Schedule 3 (item | — |
| Other Human Rights | 18): 5 Aug 2009 | |||
| Legislation Amendment | ||||
| Act 2009 |
Notes to the Criminal Code Act 1995
Table of Acts
| Act | Number | Date | Date of | Application, |
| and year | of Assent | commencement | saving or | |
| transitional | ||||
| provisions | ||||
| Crimes Legislation | 3, 2010 | 19 Feb 2010 | Schedule 4 (items | — |
| Amendment (Serious and | 1–13): 20 Feb 2010 | |||
| Organised Crime) Act | ||||
| 2010 | ||||
| Crimes Legislation | 4, 2010 | 19 Feb 2010 | Schedule 4 (items | Sch. 4 |
| Amendment (Serious and | 1–3), Schedule 8 | (item 3) | ||
| Organised Crime) Act | and Schedule 9: | and Sch. 5 | ||
| (No. 2) 2010 | 20 Feb 2010 | (item 24) | ||
| Schedule 5 (items | ||||
| 1–24): 19 Mar 2010 | ||||
| Statute Law Revision Act | 8, 2010 | 1 Mar 2010 | Schedule 1 (item | — |
| 2010 | 15) and Schedule 5 | |||
| (items 28–31): | ||||
| Royal Assent | ||||
| Schedule 5 (item | ||||
| 137): (k) | ||||
| Crimes Legislation | 37, 2010 | 13 Apr 2010 | Schedule 1 (items | — |
| Amendment (Torture | 1–3): 14 Apr 2010 | |||
| Prohibition and Death | ||||
| Penalty Abolition) Act | ||||
| 2010 | ||||
| Crimes Legislation | 42, 2010 | 14 Apr 2010 | Schedule 1 (items | — |
| Amendment (Sexual | 2–60): 15 Apr 2010 | |||
| Offences Against | ||||
| Children) Act 2010 | ||||
| Anti-People Smuggling and | 50, 2010 | 31 May 2010 | Schedule 1 (items | — |
| Other Measures Act 2010 | 1–6): 1 June 2010 |
Notes to the Criminal Code Act 1995
Act Notes
(a) The Criminal Code Act 1995 was amended by Schedule 1 (item 3) only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsections 2(1)(a) and (2) of which provide as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
(2) Schedule 1 commences on the 28th day after the day on which this Act receives the Royal Assent.
Item 15 commenced on 24 May 2001.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
2. Schedule 1 2 pm (by legal time in the Australian Capital 16 October 2001 Territory) on 16 October 2001
(d) Subsection 2(1) (item 5) of the Security Legislation Amendment (Terrorism) Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s) Commencement Date/Details
5. Schedule 1, Immediately after the start of the day after this Act 6 July 2002 items 4 and 5 receives the Royal Assent
(e) Subsection 2(1) (item 4) of the Suppression of the Financing of Terrorism Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s) Commencement Date/Details
4. Schedule 1, Immediately after the start of the day after this Act 6 July 2002 item 3 receives the Royal Assent
(f) Subsection 2(1) (item 32) of the Workplace Relations Legislation Amendment Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Notes to the Criminal Code Act 1995
Act Notes
| Provision(s) | Commencement | Date/Details |
|---|---|---|
| 32. Schedule 3, items 53 to 55 | Immediately before the commencement of items 38, 39 and 40 of Schedule 3 to the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) | 12 May 2003 |
(Consequential Provisions) Act 2002
(g) Subsection 2(1) (item 2) of the Criminal Code Amendment (Hizballah) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s) Commencement Date/Details
2. Schedule 1 On 29 May 2003, immediately after the 29 May 2003 commencement of Schedule 1 to the Criminal Code Amendment (Terrorism) Act 2003
(h) Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.
Provision(s) Commencement Date/Details
(i) Subsection 2(1) (item 8) of the Statute Law Revision Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Provision(s) | Commencement | Date/Details |
|---|---|---|
| 8. Schedule 1, | Immediately after the commencement of item 1 of | 1 January 2003 |
| item 12 | Schedule 1 to the Proceeds of Crime | |
| (Consequential Amendments and Transitional |
Provisions) Act 2002.
(j) Subsection 2(1) (item 11) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s) Commencement Date/Details
11. Schedule 5, Immediately after the commencement of Part 2-4 1 July 2009 (see items 1 to 30 of the Fair Work Act 2009. F2009L02563)
Notes to the Criminal Code Act 1995
Act Notes
(k) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Provision(s) | Commencement | Date/Details |
|---|---|---|
| 31. Schedule 5, | The day this Act receives the Royal Assent. | 1 March 2010 |
| items 1 to 51 |
38. Schedule 5, Immediately after the provision(s) covered by table 1 March 2010 Parts 2 and 3 item 31.
Notes to the Criminal Code Act 1995
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 2 ........................................... am. No. 12, 1998
S. 3AA....................................... ad. No. 24, 2001 rep. No. 12, 1995
S. 3A ......................................... ad. No. 43, 1999
S. 3B ......................................... ad. No. 43, 1999 am. No. 137, 2000
S. 5 ........................................... ad. No. 137, 2000
Schedule Chapter 2 Part 2.1 Division 2
S. 2.2 ..................................... am. No. 12, 1998; No. 4, 2000
S. 2.3 ..................................... ad. No. 12, 1998
Part 2.2 Division 3
Note to s. 3.2 Renumbered Note 1........... No. 137, 2000
Note 2 to s. 3.2 ...................... ad. No. 137, 2000
Division 4
S. 4.1 ..................................... am. No. 137, 2000; No. 161, 2001
Division 5
S. 5.1 ..................................... am. No. 137, 2000
S. 5.6 ..................................... am. No. 137, 2000
Part 2.3 Division 7
S. 7.3 ..................................... am. No. 42, 2010
Division 9
S. 9.3 ..................................... am. No. 127, 2004
S. 9.4 ..................................... am. No. 140, 2003; No. 127, 2004
Division 10
S. 10.5 ................................... ad. No. 137, 2000
Part 2.4 Division 11
S. 11.1 ................................... am. No. 137, 2000; No. 3, 2010
S. 11.2 ................................... am. No. 137, 2000; No. 127, 2004; No. 3, 2010
S. 11.2A................................. ad. No. 3, 2010 Heading to s. 11.3 ................. rs. No. 3, 2010
S. 11.4 ................................... am. No. 137, 2000
S. 11.5 ................................... am. No. 137, 2000
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 11.6 ................................... am. No. 137, 2000 Note to s. 11.6(4)................... am. No. 3, 2010
Part 2.7
Part 2.7 .................................. ad. No. 137, 2000
Division 14
S. 14.1 ................................... ad. No. 137, 2000 Note to s. 14.1(1)................... am. No. 3, 2010
Division 15
S. 15.1 ................................... ad. No. 137, 2000 Note to s. 15.1(1)................... am. No. 3, 2010
S. 15.2 ................................... ad. No. 137, 2000 Note to s. 15.2(1)................... am. No. 3, 2010
S. 15.3 ................................... ad. No. 137, 2000 Note to s. 15.3(1)................... am. No. 3, 2010
S. 15.4 ................................... ad. No. 137, 2000 Note to s. 15.4 ....................... am. No. 3, 2010
Division 16
S. 16.1 ................................... ad. No. 137, 2000
S. 16.2 ................................... ad. No. 137, 2000
S. 16.3 ................................... ad. No. 137, 2000
S. 16.4 ................................... ad. No. 137, 2000
Chapter 4
Chapt. 4 ................................. ad. No. 43, 1999
Division 70
S. 70.1 ................................... ad. No. 43, 1999 am. No. 137, 2000
S. 70.2 ................................... ad. No. 43, 1999 am. No. 147, 2007; No. 4, 2010 Note to s. 70.2(1)................... ad. No. 4, 2010 Notes 1, 2 to s. 70.2(1).......... rep. No. 4, 2010
S. 70.3 ................................... ad. No. 43, 1999 am. No. 147, 2007
S. 70.4 ................................... ad. No. 43, 1999
S. 70.5 ................................... ad. No. 43, 1999 am. No. 137, 2000
Note to s. 70.5(1)................... am. No. 3, 2010
S. 70.6 ................................... ad. No. 43, 1999
Division 71
Div. 71 ................................... ad. No. 124, 2000
S. 71.1 ................................... ad. No. 124, 2000
S. 71.2 ................................... ad. No. 124, 2000
S. 71.3 ................................... ad. No. 124, 2000
S. 71.4 ................................... ad. No. 124, 2000
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 71.5 ................................... ad. No. 124, 2000
S. 71.6 ................................... ad. No. 124, 2000
S. 71.7 ................................... ad. No. 124, 2000
S. 71.8 ................................... ad. No. 124, 2000
S. 71.9 ................................... ad. No. 124, 2000
S. 71.10 ................................. ad. No. 124, 2000
S. 71.11 ................................. ad. No. 124, 2000
S. 71.12 ................................. ad. No. 124, 2000
S. 71.13 ................................. ad. No. 124, 2000 am. No. 37, 2010
S. 71.14 ................................. ad. No. 124, 2000
S. 71.15 ................................. ad. No. 124, 2000
S. 71.16 ................................. ad. No. 124, 2000
S. 71.17 ................................. ad. No. 124, 2000
S. 71.18 ................................. ad. No. 124, 2000
S. 71.19 ................................. ad. No. 124, 2000
S. 71.20 ................................. ad. No. 124, 2000
S. 71.21 ................................. ad. No. 124, 2000
S. 71.22 ................................. ad. No. 124, 2000
S. 71.23 ................................. ad. No. 124, 2000 am. No. 8, 2010
Division 72
Heading to Div. 72 ................. rs. No. 3, 2007 Div. 72 ................................... ad. No. 58, 2002
Subdivision A
Heading to Subdiv. A of......... ad. No. 3, 2007 Div. 72
S. 72.1 ................................... ad. No. 58, 2002 am. No. 3, 2007
Note to s. 72.1 ....................... am. No. 8, 2010
S. 72.2 ................................... ad. No. 58, 2002 am. No. 3, 2007
S. 72.3 ................................... ad. No. 58, 2002
S. 72.4 ................................... ad. No. 58, 2002 am. No. 3, 2007
S. 72.5 ................................... ad. No. 58, 2002 am. No. 3, 2007
S. 72.6 ................................... ad. No. 58, 2002 am. No. 3, 2007
Heading to s. 72.7 ................. am. No. 3, 2007
S. 72.7 ................................... ad. No. 58, 2002 am. No. 3, 2007
S. 72.8 ................................... ad. No. 58, 2002 am. No. 21, 2007
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 72.9 ................................... ad. No. 58, 2002 am. No. 3, 2007
S. 72.10 ................................. ad. No. 58, 2002 am. No. 3, 2007
Subdivision B
Subdiv. B of Div. 72............... ad. No. 3, 2007
S. 72.11 ................................. ad. No. 3, 2007
S. 72.12 ................................. ad. No. 3, 2007
S. 72.13 ................................. ad. No. 3, 2007
S. 72.14 ................................. ad. No. 3, 2007
S. 72.15 ................................. ad. No. 3, 2007
S. 72.16 ................................. ad. No. 3, 2007
S. 72.17 ................................. ad. No. 3, 2007
S. 72.18 ................................. ad. No. 3, 2007
S. 72.19 ................................. ad. No. 3, 2007
S. 72.20 ................................. ad. No. 3, 2007
S. 72.21 ................................. ad. No. 3, 2007
S. 72.22 ................................. ad. No. 3, 2007
S. 72.23 ................................. ad. No. 3, 2007
S. 72.24 ................................. ad. No. 3, 2007
S. 72.25 ................................. ad. No. 3, 2007
S. 72.26 ................................. ad. No. 3, 2007
S. 72.27 ................................. ad. No. 3, 2007
S. 72.28 ................................. ad. No. 3, 2007
S. 72.29 ................................. ad. No. 3, 2007
S. 72.30 ................................. ad. No. 3, 2007
S. 72.31 ................................. ad. No. 3, 2007
S. 72.32 ................................. ad. No. 3, 2007
S. 72.33 ................................. ad. No. 3, 2007
S. 72.34 ................................. ad. No. 3, 2007
S. 72.35 ................................. ad. No. 3, 2007
S. 72.36 ................................. ad. No. 3, 2007 am. No. 8, 2010
Division 73
Div. 73 ................................... ad. No. 141, 2002
Subdivision A
S. 73.1 ................................... ad. No. 141, 2002 am. No. 50, 2010
Heading to s. 73.2 ................. rs. No. 50, 2010
S. 73.2 ................................... ad. No. 141, 2002 am. No. 96, 2005; No. 50, 2010
S. 73.3 ................................... ad. No. 141, 2002 am. No. 50, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 73.3A................................. ad. No. 50, 2010
S. 73.4 ................................... ad. No. 141, 2002
S. 73.5 ................................... ad. No. 141, 2002
Subdivision B
S. 73.6 ................................... ad. No. 141, 2002 am. No. 96, 2005
S. 73.7 ................................... ad. No. 141, 2002
S. 73.8 ................................... ad. No. 141, 2002
S. 73.9 ................................... ad. No. 141, 2002
S. 73.10 ................................. ad. No. 141, 2002
S. 73.11 ................................. ad. No. 141, 2002
S. 73.12 ................................. ad. No. 141, 2002
Chapter 5
Heading to Chapt. 5............... ad. No. 66, 2002
Part 5.1
Heading to Part 5.1 ............... rs. No. 144, 2005 Part 5.1 .................................. ad. No. 65, 2002
Division 80
Heading to Div. 80 ................ rs. No. 144, 2005
S. 80.1A ................................ ad. No. 144, 2005
S. 80.1 ................................... ad. No. 65, 2002 am. No. 144, 2005
Note to s. 80.1(1A) Renumbered Note 1........... No. 144, 2005
Note 2 to s. 80.1(1A) ............ ad. No. 144, 2005
S. 80.2 .................................. ad. No. 144, 2005
S. 80.3 .................................. ad. No. 144, 2005
S. 80.4 .................................. ad. No. 144, 2005
S. 80.5 .................................. ad. No. 144, 2005
S. 80.6 .................................. ad. No. 144, 2005
Part 5.2
Part 5.2 .................................. ad. No. 91, 2002
Division 90
S. 90.1 ................................... ad. No. 91, 2002
Division 91
S. 91.1 ................................... ad. No. 91, 2002
S. 91.2 ................................... ad. No. 91, 2002
Division 93
S. 93.1 ................................... ad. No. 91, 2002
S. 93.2 ................................... ad. No. 91, 2002
Division 94
S. 94.1 ................................... ad. No. 91, 2002
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 5.3
Part 5.3 .................................. ad. No. 66, 2002 rs. No. 40, 2003
Division 100
Div. 100 ................................. ad. No. 66, 2002 rs. No. 40, 2003
S. 100.1 ................................. ad. No. 66, 2002 rs. No. 40, 2003 am. No. 144, 2005
S. 100.2 ................................. ad. No. 66, 2002 rs. No. 40, 2003
S. 100.3 ................................. ad. No. 40, 2003
S. 100.4 ................................. ad. No. 40, 2003
S. 100.5 ................................. ad. No. 40, 2003
S. 100.6 ................................. ad. No. 40, 2003
S. 100.7 ................................. ad. No. 40, 2003
S. 100.8 ................................. ad. No. 40, 2003
Division 101
Div. 101 ................................. ad. No. 65, 2002 rs. No. 40, 2003
S. 101.1 ................................. ad. No. 65, 2002 rs. No. 40, 2003
S. 101.2 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. No. 127, 2005
S. 101.4 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. No. 127, 2005
S. 101.5 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. No. 127, 2005
S. 101.6 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. No. 127, 2005
Division 102
Div. 102 ................................. ad. No. 65, 2002 rs. No. 40, 2003
Subdivision A
S. 102.1 ................................. ad. No. 65, 2002 am. No. 89, 2002 rs. No. 40, 2003 am. Nos. 44 and 109, 2003; Nos. 7 and 124, 2004; No. 144, 2005; No. 42, 2010
S. 102.1A............................... ad. No. 7, 2004
Subdivision B
S. 102.2 ................................. ad. No. 65, 2002 rs. No. 40, 2003
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 102.3 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. Nos. 44 and 109, 2003; No. 104, 2004
S. 102.4 ................................. ad. No. 65, 2002 rs. No. 40, 2003
S. 102.5 ................................. ad. No. 65, 2002 rs. No. 40, 2003; No. 104, 2004 am. No. 144, 2005
Heading to s. 102.6 ............... am. No. 144, 2005
S. 102.6 ................................. ad. No. 65, 2002 rs. No. 40, 2003 am. No. 144, 2005
S. 102.7 ................................. ad. No. 65, 2002 rs. No. 40, 2003
S. 102.8 ................................. ad. No. 124, 2004 am. No. 144, 2005
Subdivision C
S. 102.9 ................................. ad. No. 65, 2002 rs. No. 40, 2003
S. 102.10 ............................... ad. No. 65, 2002 rs. No. 40, 2003
Division 103
Div. 103 ................................. ad. No. 66, 2002 rs. No. 40, 2003
S. 103.1 ................................. ad. No. 66, 2002 rs. No. 40, 2003 am. Nos. 127 and 144, 2005
S. 103.2 ................................. ad. No. 144, 2005
S. 103.3 ................................. ad. No. 144, 2005
Division 104
Div. 104 ................................. ad. No. 144, 2005
Subdivision A
S. 104.1 ................................. ad. No. 144, 2005
Subdivision B
S. 104.2 ................................. ad. No. 144, 2005
S. 104.3 ................................. ad. No. 144, 2005
S. 104.4 ................................. ad. No. 144, 2005
S. 104.5 ................................. ad. No. 144, 2005 am. No. 8, 2010
Subdivision C
S. 104.6 ................................. ad. No. 144, 2005
S. 104.7 ................................. ad. No. 144, 2005
S. 104.8 ................................. ad. No. 144, 2005
S. 104.9 ................................. ad. No. 144, 2005
S. 104.10 ............................... ad. No. 144, 2005
S. 104.11 ............................... ad. No. 144, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision D
S. 104.12 ............................... ad. No. 144, 2005
S. 104.12A............................. ad. No. 144, 2005
S. 104.13 ............................... ad. No. 144, 2005
S. 104.14 ............................... ad. No. 144, 2005
S. 104.15 ............................... ad. No. 144, 2005
S. 104.16 ............................... ad. No. 144, 2005
S. 104.17 ............................... ad. No. 144, 2005
Subdivision E
S. 104.18 ............................... ad. No. 144, 2005
S. 104.19 ............................... ad. No. 144, 2005
S. 104.20 ............................... ad. No. 144, 2005
S. 104.21 ............................... ad. No. 144, 2005
S. 104.22 ............................... ad. No. 144, 2005
Subdivision F
S. 104.23 ............................... ad. No. 144, 2005
S. 104.24 ............................... ad. No. 144, 2005
S. 104.25 ............................... ad. No. 144, 2005
S. 104.26 ............................... ad. No. 144, 2005
Subdivision G
S. 104.27 ............................... ad. No. 144, 2005
Subdivision H
S. 104.28 ............................... ad. No. 144, 2005
S. 104.28A............................. ad. No. 144, 2005
S. 104.29 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 104.30 ............................... ad. No. 144, 2005
S. 104.31 ............................... ad. No. 144, 2005
S. 104.32 ............................... ad. No. 144, 2005
Division 105
Div. 105 ................................. ad. No. 144, 2005
Subdivision A
S. 105.1 ................................. ad. No. 144, 2005
S. 105.2 ................................. ad. No. 144, 2005
S. 105.3 ................................. ad. No. 144, 2005
Subdivision B
S. 105.4 ................................. ad. No. 144, 2005
S. 105.5 ................................. ad. No. 144, 2005
S. 105.5A............................... ad. No. 144, 2005
S. 105.6 ................................. ad. No. 144, 2005
S. 105.7 ................................. ad. No. 144, 2005
S. 105.8 ................................. ad. No. 144, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 105.9 ................................. ad. No. 144, 2005
S. 105.10 ............................... ad. No. 144, 2005
S. 105.10A............................. ad. No. 144, 2005
S. 105.11 ............................... ad. No. 144, 2005
S. 105.12 ............................... ad. No. 144, 2005
S. 105.13 ............................... ad. No. 144, 2005
S. 105.14 ............................... ad. No. 144, 2005
S. 105.14A............................. ad. No. 144, 2005
S. 105.15 ............................... ad. No. 144, 2005
S. 105.16 ............................... ad. No. 144, 2005
S. 105.17 ............................... ad. No. 144, 2005
S. 105.18 ............................... ad. No. 144, 2005
Subdivision C
S. 105.19 ............................... ad. No. 144, 2005
S. 105.20 ............................... ad. No. 144, 2005
S. 105.21 ............................... ad. No. 144, 2005
S. 105.22 ............................... ad. No. 144, 2005
S. 105.23 ............................... ad. No. 144, 2005
S. 105.24 ............................... ad. No. 144, 2005 Heading to s. 105.25 ............. am. No. 54, 2006
S. 105.25 ............................... ad. No. 144, 2005 am. No. 54, 2006
S. 105.26 ............................... ad. No. 144, 2005 am. No. 54, 2006
S. 105.27 ............................... ad. No. 144, 2005
Subdivision D
S. 105.28 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.29 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.30 ............................... ad. No. 144, 2005
S. 105.31 ............................... ad. No. 144, 2005
S. 105.32 ............................... ad. No. 144, 2005
Subdivision E
S. 105.33 ............................... ad. No. 144, 2005
S. 105.33A............................. ad. No. 144, 2005
S. 105.34 ............................... ad. No. 144, 2005
S. 105.35 ............................... ad. No. 144, 2005
S. 105.36 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.37 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.38 ............................... ad. No. 144, 2005 am. No. 84, 2006
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 105.39 ............................... ad. No. 144, 2005
S. 105.40 ............................... ad. No. 144, 2005
S. 105.41 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.42 ............................... ad. No. 144, 2005
S. 105.43 ............................... ad. No. 144, 2005
S. 105.44 ............................... ad. No. 144, 2005
S. 105.45 ............................... ad. No. 144, 2005
Subdivision F
S. 105.46 ............................... ad. No. 144, 2005
S. 105.47 ............................... ad. No. 144, 2005 am. No. 84, 2006
S. 105.48 ............................... ad. No. 144, 2005 rs. No. 84, 2006
S. 105.49 ............................... ad. No. 144, 2005
S. 105.50 ............................... ad. No. 144, 2005
S. 105.51 ............................... ad. No. 144, 2005
S. 105.52 ............................... ad. No. 144, 2005
S. 105.53 ............................... ad. No. 144, 2005
Division 106
Div. 106 ................................. ad. No. 40, 2003 Heading to s. 106.1 ............... rs. No. 144, 2005
S. 106.1 ................................. ad. No. 40, 2003
S. 106.2 ................................. ad. No. 144, 2005
S. 106.3 ................................. ad. No. 144, 2005
Part 5.4
Part 5.4 .................................. ad. No. 106, 2002
Division 115
Heading to Div. 104............... rep. No. 144, 2005 Heading to Div. 115 ............... ad. No. 144, 2005
S. 104.1 ................................. ad. No. 106, 2002 Renumbered s. 115.1 ......... No. 144, 2005
S. 104.2 ................................. ad. No. 106, 2002 Renumbered s. 115.2 ......... No. 144, 2005
S. 104.3 ................................. ad. No. 106, 2002 Renumbered s. 115.3 ......... No. 144, 2005
S. 104.4 ................................. ad. No. 106, 2002 Renumbered s. 115.4 ......... No. 144, 2005
S. 104.5 ................................. ad. No. 106, 2002 Renumbered s. 115.5 ......... No. 144, 2005
S. 104.6 ................................. ad. No. 106, 2002 Renumbered s. 115.6 ......... No. 144, 2005
S. 104.7 ................................. ad. No. 106, 2002 am. No. 7, 2005 Renumbered s. 115.7 ......... No. 144, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 115.7 ................................. am. No. 21, 2007
S. 104.8 ................................. ad. No. 106, 2002 Renumbered s. 115.8 ......... No. 144, 2005
S. 104.9 ................................. ad. No. 106, 2002 Renumbered s. 115.9 ......... No. 144, 2005
Chapter 7
Chapt. 7 ................................. ad. No. 137, 2000
Part 7.1 Division 130
S. 130.1 ................................. ad. No. 137, 2000
S. 130.2 ................................. ad. No. 137, 2000
S. 130.3 ................................. ad. No. 137, 2000
S. 130.4 ................................. ad. No. 137, 2000
Part 7.2 Division 131
S. 131.1 ................................. ad. No. 137, 2000
S. 131.2 ................................. ad. No. 137, 2000
S. 131.3 ................................. ad. No. 137, 2000
S. 131.4 ................................. ad. No. 137, 2000
S. 131.5 ................................. ad. No. 137, 2000
S. 131.6 ................................. ad. No. 137, 2000
S. 131.7 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 131.8 ................................. ad. No. 137, 2000
S. 131.9 ................................. ad. No. 137, 2000
S. 131.10 ............................... ad. No. 137, 2000
S. 131.11 ............................... ad. No. 137, 2000
Division 132
S. 132.1 ................................. ad. No. 137, 2000
S. 132.2 ................................. ad. No. 137, 2000
S. 132.3 ................................. ad. No. 137, 2000
S. 132.4 ................................. ad. No. 137, 2000
S. 132.5 ................................. ad. No. 137, 2000
S. 132.6 ................................. ad. No. 137, 2000
S. 132.7 ................................. ad. No. 137, 2000
S. 132.8 ................................. ad. No. 137, 2000
S. 132.9 ................................. ad. No. 137, 2000
Part 7.3 Division 133
S. 133.1 ................................. ad. No. 137, 2000
Division 134
S. 134.1 ................................. ad. No. 137, 2000
S. 134.2 ................................. ad. No. 137, 2000
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 134.3 ................................. ad. No. 137, 2000
Division 135
S. 135.1 ................................. ad. No. 137, 2000
S. 135.2 ................................. ad. No. 137, 2000 am. No. 141, 2002; No. 127, 2004
S. 135.4 ................................. ad. No. 137, 2000
S. 135.5 ................................. ad. No. 137, 2000
Part 7.4 Division 136
Subhead. to s. 136.1(9) ......... rs. No. 66, 2008
S. 136.1 ................................. ad. No. 137, 2000 am. No. 141, 2002; No. 66, 2008
Division 137
S. 137.1 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 137.2 ................................. ad. No. 137, 2000
S. 137.3 ................................. ad. No. 137, 2000
Part 7.5 Division 138
S. 138.1 ................................. ad. No. 137, 2000
S. 138.2 ................................. ad. No. 137, 2000
Division 139
S. 139.1 ................................. ad. No. 137, 2000
S. 139.2 ................................. ad. No. 137, 2000
S. 139.3 ................................. ad. No. 137, 2000
Part 7.6 Division 140
S. 140.1 ................................. ad. No. 137, 2000
S. 140.2 ................................. ad. No. 137, 2000
Division 141
S. 141.1 ................................. ad. No. 137, 2000 am. No. 4, 2010
Division 142
S. 142.1 ................................. ad. No. 137, 2000
S. 142.2 ................................. ad. No. 137, 2000
S. 142.3 ................................. ad. No. 137, 2000
Part 7.7 Division 143
S. 143.1 ................................. ad. No. 137, 2000
S. 143.2 ................................. ad. No. 137, 2000
S. 143.3 ................................. ad. No. 137, 2000
S. 143.4 ................................. ad. No. 137, 2000
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 144
S. 144.1 ................................. ad. No. 137, 2000
Division 145
S. 145.1 ................................. ad. No. 137, 2000
S. 145.2 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 145.3 ................................. ad. No. 137, 2000
S. 145.4 ................................. ad. No. 137, 2000
S. 145.5 ................................. ad. No. 137, 2000
S. 145.6 ................................. ad. No. 137, 2000
Part 7.8 Division 146
S. 146.1 ................................. ad. No. 137, 2000 am. No. 125, 2002; No. 86, 2006; No. 33, 2009
S. 146.2 ................................. ad. No. 137, 2000
Division 147
S. 147.1 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 147.2 ................................. ad. No. 137, 2000
S. 147.3 ................................. ad. No. 137, 2000
Division 148
S. 148.1 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 148.2 ................................. ad. No. 137, 2000 am. No. 141, 2002
S. 148.3 ................................. ad. No. 137, 2000
Division 149
S. 149.1 ................................. ad. No. 137, 2000
Part 7.20 Division 261
S. 261.1 ................................. ad. No. 137, 2000
S. 261.2 ................................. ad. No. 137, 2000
S. 261.3 ................................. ad. No. 137, 2000
Chapter 8
Heading to Chapt. 8............... rs. No. 42, 2002 Chapt. 8 ................................. ad. No. 104, 1999
Division 268
Div. 268 ................................. ad. No. 42, 2002
Subdivision A
S. 268.1 ................................. ad. No. 42, 2002
S. 268.2 ................................. ad. No. 42, 2002
Subdivision B
S. 268.3 ................................. ad. No. 42, 2002
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 268.4 ................................. ad. No. 42, 2002
S. 268.5 ................................. ad. No. 42, 2002
S. 268.6 ................................. ad. No. 42, 2002
S. 268.7 ................................. ad. No. 42, 2002
Subdivision C
S. 268.8 ................................. ad. No. 42, 2002
S. 268.9 ................................. ad. No. 42, 2002
S. 268.10 ............................... ad. No. 42, 2002
S. 268.11 ............................... ad. No. 42, 2002
S. 268.12 ............................... ad. No. 42, 2002
S. 268.13 ............................... ad. No. 42, 2002
S. 268.14 ............................... ad. No. 42, 2002
S. 268.15 ............................... ad. No. 42, 2002
S. 268.16 ............................... ad. No. 42, 2002
S. 268.17 ............................... ad. No. 42, 2002
S. 268.18 ............................... ad. No. 42, 2002
S. 268.19 ............................... ad. No. 42, 2002
S. 268.20 ............................... ad. No. 42, 2002
S. 268.21 ............................... ad. No. 42, 2002
S. 268.22 ............................... ad. No. 42, 2002
S. 268.23 ............................... ad. No. 42, 2002
Subdivision D
S. 268.24 ............................... ad. No. 42, 2002
S. 268.25 ............................... ad. No. 42, 2002
S. 268.26 ............................... ad. No. 42, 2002
S. 268.27 ............................... ad. No. 42, 2002
S. 268.28 ............................... ad. No. 42, 2002
S. 268.29 ............................... ad. No. 42, 2002
S. 268.30 ............................... ad. No. 42, 2002
S. 268.31 ............................... ad. No. 42, 2002
S. 268.32 ............................... ad. No. 42, 2002
S. 268.33 ............................... ad. No. 42, 2002
S. 268.34 ............................... ad. No. 42, 2002
Subdivision E
S. 268.35 ............................... ad. No. 42, 2002
S. 268.36 ............................... ad. No. 42, 2002
S. 268.37 ............................... ad. No. 42, 2002
S. 268.38 ............................... ad. No. 42, 2002
S. 268.39 ............................... ad. No. 42, 2002
S. 268.40 ............................... ad. No. 42, 2002
S. 268.41 ............................... ad. No. 42, 2002
S. 268.42 ............................... ad. No. 42, 2002
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 268.43 ............................... ad. No. 42, 2002
S. 268.44 ............................... ad. No. 42, 2002
S. 268.45 ............................... ad. No. 42, 2002
S. 268.46 ............................... ad. No. 42, 2002
S. 268.47 ............................... ad. No. 42, 2002
S. 268.48 ............................... ad. No. 42, 2002
S. 268.49 ............................... ad. No. 42, 2002
S. 268.50 ............................... ad. No. 42, 2002
S. 268.51 ............................... ad. No. 42, 2002
S. 268.52 ............................... ad. No. 42, 2002
S. 268.53 ............................... ad. No. 42, 2002
S. 268.54 ............................... ad. No. 42, 2002
S. 268.55 ............................... ad. No. 42, 2002
S. 268.56 ............................... ad. No. 42, 2002
S. 268.57 ............................... ad. No. 42, 2002
S. 268.58 ............................... ad. No. 42, 2002
S. 268.59 ............................... ad. No. 42, 2002
S. 268.60 ............................... ad. No. 42, 2002
S. 268.61 ............................... ad. No. 42, 2002
S. 268.62 ............................... ad. No. 42, 2002
S. 268.63 ............................... ad. No. 42, 2002
S. 268.64 ............................... ad. No. 42, 2002
S. 268.65 ............................... ad. No. 42, 2002
S. 268.66 ............................... ad. No. 42, 2002
S. 268.67 ............................... ad. No. 42, 2002 Subhead. to s. 268.68(1)....... ad. No. 129, 2005
S. 268.68 ............................... ad. No. 42, 2002 am. No. 129, 2005
Subdivision F
S. 268.69 ............................... ad. No. 42, 2002
S. 268.70 ............................... ad. No. 42, 2002
S. 268.71 ............................... ad. No. 42, 2002
S. 268.72 ............................... ad. No. 42, 2002
S. 268.73 ............................... ad. No. 42, 2002
S. 268.74 ............................... ad. No. 42, 2002
S. 268.75 ............................... ad. No. 42, 2002
S. 268.76 ............................... ad. No. 42, 2002
Subdivision G
S. 268.77 ............................... ad. No. 42, 2002
S. 268.78 ............................... ad. No. 42, 2002
S. 268.79 ............................... ad. No. 42, 2002
S. 268.80 ............................... ad. No. 42, 2002
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 268.81 ............................... ad. No. 42, 2002
S. 268.82 ............................... ad. No. 42, 2002
S. 268.83 ............................... ad. No. 42, 2002
S. 268.84 ............................... ad. No. 42, 2002
S. 268.85 ............................... ad. No. 42, 2002
S. 268.86 ............................... ad. No. 42, 2002
S. 268.87 ............................... ad. No. 42, 2002 Subhead. to s. 268.88(1)....... ad. No. 129, 2005
S. 268.88 ............................... ad. No. 42, 2002 am. No. 129, 2005
S. 268.89 ............................... ad. No. 42, 2002
S. 268.90 ............................... ad. No. 42, 2002
S. 268.91 ............................... ad. No. 42, 2002
S. 268.92 ............................... ad. No. 42, 2002
S. 268.93 ............................... ad. No. 42, 2002
S. 268.94 ............................... ad. No. 42, 2002
Subdivision H
S. 268.95 ............................... ad. No. 42, 2002
S. 268.96 ............................... ad. No. 42, 2002
S. 268.97 ............................... ad. No. 42, 2002
S. 268.98 ............................... ad. No. 42, 2002
S. 268.99 ............................... ad. No. 42, 2002
S. 268.100 ............................. ad. No. 42, 2002
S. 268.101 ............................. ad. No. 42, 2002
Subdivision J
S. 268.102 ............................. ad. No. 42, 2002
S. 268.103 ............................. ad. No. 42, 2002
S. 268.104 ............................. ad. No. 42, 2002
S. 268.105 ............................. ad. No. 42, 2002
S. 268.106 ............................. ad. No. 42, 2002
S. 268.107 ............................. ad. No. 42, 2002
S. 268.108 ............................. ad. No. 42, 2002
S. 268.109 ............................. ad. No. 42, 2002
S. 268.110 ............................. ad. No. 42, 2002
S. 268.111 ............................. ad. No. 42, 2002
S. 268.112 ............................. ad. No. 42, 2002
S. 268.113 ............................. ad. No. 42, 2002
S. 268.114 ............................. ad. No. 42, 2002
Subdivision K
S. 268.115 ............................. ad. No. 42, 2002
S. 268.116 ............................. ad. No. 42, 2002
S. 268.117 ............................. ad. No. 42, 2002
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 268.118 ............................. ad. No. 42, 2002
S. 268.119 ............................. ad. No. 42, 2002
S. 268.120 ............................. ad. No. 42, 2002
S. 268.121 ............................. ad. No. 42, 2002
S. 268.122 ............................. ad. No. 42, 2002
S. 268.123 ............................. ad. No. 42, 2002
S. 268.124 ............................. ad. No. 42, 2002
Division 270
S. 270.1 ................................. ad. No. 104, 1999
S. 270.2 ................................. ad. No. 104, 1999
S. 270.3 ................................. ad. No. 104, 1999
S. 270.4 ................................. ad. No. 104, 1999 am. No. 96, 2005
S. 270.5 ................................. ad. No. 104, 1999 rs. No. 96, 2005
S. 270.6 ................................. ad. No. 104, 1999 am. No. 96, 2005
S. 270.7 ................................. ad. No. 104, 1999 am. No. 96, 2005
S. 270.8 ................................. ad. No. 104, 1999
S. 270.9 ................................. ad. No. 104, 1999
S. 270.10 ............................... ad. No. 104, 1999 rep. No. 96, 2005
S. 270.11 ............................... ad. No. 104, 1999 rep. No. 96, 2005
S. 270.12 ............................... ad. No. 104, 1999
S. 270.13 ............................... ad. No. 104, 1999
S. 270.14 ............................... ad. No. 104, 1999
Division 271
Div. 271 ................................. ad. No. 96, 2005
Subdivision A
S. 271.1 ................................. ad. No. 96, 2005
Subdivision B
S. 271.2 ................................. ad. No. 96, 2005
S. 271.3 ................................. ad. No. 96, 2005
S. 271.4 ................................. ad. No. 96, 2005
S. 271.5 ................................. ad. No. 96, 2005
S. 271.6 ................................. ad. No. 96, 2005
S. 271.7 ................................. ad. No. 96, 2005
Subdivision C
S. 271.8 ................................. ad. No. 96, 2005
S. 271.9 ................................. ad. No. 96, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision D
S. 271.10 ............................... ad. No. 96, 2005
S. 271.11 ............................... ad. No. 96, 2005
S. 271.12 ............................... ad. No. 96, 2005
S. 271.13 ............................... ad. No. 96, 2005
Division 272
Div. 272 ................................. ad. No. 42, 2010
Subdivision A
S. 272.1 ................................. ad. No. 42, 2010
S. 272.2 ................................. ad. No. 42, 2010
S. 272.3 ................................. ad. No. 42, 2010
S. 272.4 ................................. ad. No. 42, 2010
S. 272.5 ................................. ad. No. 42, 2010
S. 272.6 ................................. ad. No. 42, 2010
S. 272.7 ................................. ad. No. 42, 2010
Subdivision B
S. 272.8 ................................. ad. No. 42, 2010
S. 272.9 ................................. ad. No. 42, 2010
S. 272.10 ............................... ad. No. 42, 2010
S. 272.11 ............................... ad. No. 42, 2010
S. 272.12 ............................... ad. No. 42, 2010
S. 272.13 ............................... ad. No. 42, 2010
S. 272.14 ............................... ad. No. 42, 2010
S. 272.15 ............................... ad. No. 42, 2010
S. 272.16 ............................... ad. No. 42, 2010
S. 272.17 ............................... ad. No. 42, 2010
Subdivision C
S. 272.18 ............................... ad. No. 42, 2010
S. 272.19 ............................... ad. No. 42, 2010
S. 272.20 ............................... ad. No. 42, 2010
Subdivision D
S. 272.21 ............................... ad. No. 42, 2010
S. 272.22 ............................... ad. No. 42, 2010
S. 272.23 ............................... ad. No. 42, 2010
S. 272.24 ............................... ad. No. 42, 2010
S. 272.25 ............................... ad. No. 42, 2010
S. 272.26 ............................... ad. No. 42, 2010
Subdivision E
S. 272.27 ............................... ad. No. 42, 2010
S. 272.28 ............................... ad. No. 42, 2010
S. 272.29 ............................... ad. No. 42, 2010
S. 272.30 ............................... ad. No. 42, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 272.31 ............................... ad. No. 42, 2010
Division 273
Div. 273 ................................. ad. No. 42, 2010
Subdivision A
S. 273.1 ................................. ad. No. 42, 2010
S. 273.2 ................................. ad. No. 42, 2010
S. 273.2A............................... ad. No. 42, 2010
S. 273.3 ................................. ad. No. 42, 2010
S. 273.4 ................................. ad. No. 42, 2010
Subdivision B
S. 273.5 ................................. ad. No. 42, 2010
S. 273.6 ................................. ad. No. 42, 2010
S. 273.7 ................................. ad. No. 42, 2010
S. 273.8 ................................. ad. No. 42, 2010
Subdivision C
S. 273.9 ................................. ad. No. 42, 2010
Subdivision D
S. 273.10 ............................... ad. No. 42, 2010
S. 273.11 ............................... ad. No. 42, 2010
S. 273.12 ............................... ad. No. 42, 2010
S. 273.13 ............................... ad. No. 42, 2010
S. 273.14 ............................... ad. No. 42, 2010
S. 273.15 ............................... ad. No. 42, 2010
Division 274
Div. 274 ................................. ad. No. 37, 2010
S. 274.1 ................................. ad. No. 37, 2010
S. 274.2 ................................. ad. No. 37, 2010
S. 274.3 ................................. ad. No. 37, 2010
S. 274.4 ................................. ad. No. 37, 2010
S. 274.5 ................................. ad. No. 37, 2010
S. 274.6 ................................. ad. No. 37, 2010
S. 274.7 ................................. ad. No. 37, 2010
Chapter 9
Chapt. 9 ................................. ad. No. 141, 2002
Part 9.1
Part 9.1 .................................. ad. No. 129, 2005
Division 300
S. 300.1 ................................. ad. No. 129, 2005 Note to s. 300.1(1)................. am. No. 8, 2010
S. 300.2 ................................. ad. No. 129, 2005 am. No. 4, 2010
S. 300.3 ................................. ad. No. 129, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 300.4 ................................. ad. No. 129, 2005
S. 300.5 ................................. ad. No. 129, 2005
Division 301 Subdivision A
S. 301.1 ................................. ad. No. 129, 2005
S. 301.2 ................................. ad. No. 129, 2005
S. 301.3 ................................. ad. No. 129, 2005
S. 301.4 ................................. ad. No. 129, 2005
S. 301.5 ................................. ad. No. 129, 2005
Subdivision B
S. 301.6 ................................. ad. No. 129, 2005
S. 301.7 ................................. ad. No. 129, 2005
S. 301.8 ................................. ad. No. 129, 2005
S. 301.9 ................................. ad. No. 129, 2005
S. 301.10 ............................... ad. No. 129, 2005
S. 301.11 ............................... ad. No. 129, 2005 am. No. 8, 2010
S. 301.12 ............................... ad. No. 129, 2005
Division 302
S. 302.1 ................................. ad. No. 129, 2005
S. 302.2 ................................. ad. No. 129, 2005
S. 302.3 ................................. ad. No. 129, 2005
S. 302.4 ................................. ad. No. 129, 2005
S. 302.5 ................................. ad. No. 129, 2005
S. 302.6 ................................. ad. No. 129, 2005 am. No. 3, 2010
Division 303
S. 303.1 ................................. ad. No. 129, 2005
S. 303.2 ................................. ad. No. 129, 2005
S. 303.3 ................................. ad. No. 129, 2005
S. 303.4 ................................. ad. No. 129, 2005
S. 303.5 ................................. ad. No. 129, 2005
S. 303.6 ................................. ad. No. 129, 2005
S. 303.7 ................................. ad. No. 129, 2005
Division 304
S. 304.1 ................................. ad. No. 129, 2005
S. 304.2 ................................. ad. No. 129, 2005
S. 304.3 ................................. ad. No. 129, 2005
Division 305
S. 305.1 ................................. ad. No. 129, 2005
S. 305.2 ................................. ad. No. 129, 2005
S. 305.3 ................................. ad. No. 129, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 305.4 ................................. ad. No. 129, 2005
S. 305.5 ................................. ad. No. 129, 2005
S. 305.6 ................................. ad. No. 129, 2005
Division 306
S. 306.1 ................................. ad. No. 129, 2005
S. 306.2 ................................. ad. No. 129, 2005
S. 306.3 ................................. ad. No. 129, 2005
S. 306.4 ................................. ad. No. 129, 2005
S. 306.5 ................................. ad. No. 129, 2005
S. 306.6 ................................. ad. No. 129, 2005
S. 306.7 ................................. ad. No. 129, 2005
S. 306.8 ................................. ad. No. 129, 2005
Division 307 Subdivision A
S. 307.1 ................................. ad. No. 129, 2005
S. 307.2 ................................. ad. No. 129, 2005
S. 307.3 ................................. ad. No. 129, 2005
S. 307.4 ................................. ad. No. 129, 2005
Subdivision B
S. 307.5 ................................. ad. No. 129, 2005
S. 307.6 ................................. ad. No. 129, 2005
S. 307.7 ................................. ad. No. 129, 2005
Subdivision C
S. 307.8 ................................. ad. No. 129, 2005
S. 307.9 ................................. ad. No. 129, 2005
S. 307.10 ............................... ad. No. 129, 2005
Subdivision D
S. 307.11 ............................... ad. No. 129, 2005
S. 307.12 ............................... ad. No. 129, 2005
S. 307.13 ............................... ad. No. 129, 2005
S. 307.14 ............................... ad. No. 129, 2005
Division 308
S. 308.1 ................................. ad. No. 129, 2005
S. 308.2 ................................. ad. No. 129, 2005
S. 308.3 ................................. ad. No. 129, 2005
S. 308.4 ................................. ad. No. 129, 2005
Division 309
S. 309.1 ................................. ad. No. 129, 2005
S. 309.2 ................................. ad. No. 129, 2005
S. 309.3 ................................. ad. No. 129, 2005
S. 309.4 ................................. ad. No. 129, 2005
S. 309.5 ................................. ad. No. 129, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 309.6 ................................. ad. No. 129, 2005
S. 309.7 ................................. ad. No. 129, 2005
S. 309.8 ................................. ad. No. 129, 2005
S. 309.9 ................................. ad. No. 129, 2005
S. 309.10 ............................... ad. No. 129, 2005
S. 309.11 ............................... ad. No. 129, 2005
S. 309.12 ............................... ad. No. 129, 2005
S. 309.13 ............................... ad. No. 129, 2005
S. 309.14 ............................... ad. No. 129, 2005
S. 309.15 ............................... ad. No. 129, 2005
Division 310
S. 310.1 ................................. ad. No. 129, 2005
S. 310.2 ................................. ad. No. 129, 2005
S. 310.3 ................................. ad. No. 129, 2005
S. 310.4 ................................. ad. No. 129, 2005
Division 311 Subdivision A
S. 311.1 ................................. ad. No. 129, 2005
Subdivision B
S. 311.2 ................................. ad. No. 129, 2005
S. 311.3 ................................. ad. No. 129, 2005
S. 311.4 ................................. ad. No. 129, 2005
S. 311.5 ................................. ad. No. 129, 2005
S. 311.6 ................................. ad. No. 129, 2005
S. 311.7 ................................. ad. No. 129, 2005
Subdivision C
S. 311.8 ................................. ad. No. 129, 2005
S. 311.9 ................................. ad. No. 129, 2005
S. 311.10 ............................... ad. No. 129, 2005
S. 311.11 ............................... ad. No. 129, 2005
S. 311.12 ............................... ad. No. 129, 2005
S. 311.13 ............................... ad. No. 129, 2005
S. 311.14 ............................... ad. No. 129, 2005
S. 311.15 ............................... ad. No. 129, 2005
S. 311.16 ............................... ad. No. 129, 2005
S. 311.17 ............................... ad. No. 129, 2005
S. 311.18 ............................... ad. No. 129, 2005
S. 311.19 ............................... ad. No. 129, 2005
S. 311.20 ............................... ad. No. 129, 2005
S. 311.21 ............................... ad. No. 129, 2005
S. 311.22 ............................... ad. No. 129, 2005
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 312
S. 312.1 ................................. ad. No. 129, 2005
S. 312.2 ................................. ad. No. 129, 2005
Division 313
S. 313.1 ................................. ad. No. 129, 2005
S. 313.2 ................................. ad. No. 129, 2005
S. 313.3 ................................. ad. No. 129, 2005
S. 313.4 ................................. ad. No. 129, 2005
S. 313.5 ................................. ad. No. 129, 2005
Division 314
S. 314.1 ................................. ad. No. 129, 2005
S. 314.2 ................................. ad. No. 129, 2005
S. 314.3 ................................. ad. No. 129, 2005
S. 314.4 ................................. ad. No. 129, 2005
S. 314.5 ................................. ad. No. 129, 2005
S. 314.6 ................................. ad. No. 129, 2005
Part 9.4 Division 360
S. 360.1 ................................. ad. No. 141, 2002
S. 360.2 ................................. ad. No. 141, 2002
S. 360.3 ................................. ad. No. 141, 2002
S. 360.4 ................................. ad. No. 141, 2002
Part 9.6
Part 9.6 .................................. ad. No. 127, 2004
S. 380.1 ................................. ad. No. 127, 2004
S. 380.2 ................................. ad. No. 127, 2004
S. 380.3 ................................. ad. No. 127, 2004
S. 380.4 ................................. ad. No. 127, 2004
S. 380.5 ................................. ad. No. 127, 2004
Part 9.9
Part 9.9 .................................. ad. No. 4, 2010
Division 390 Subdivision A
S. 390.1 ................................. ad. No. 4, 2010
S. 390.2 ................................. ad. No. 4, 2010
Subdivision B
S. 390.3 ................................. ad. No. 4, 2010
S. 390.4 ................................. ad. No. 4, 2010
S. 390.5 ................................. ad. No. 4, 2010
S. 390.6 ................................. ad. No. 4, 2010
S. 390.7 ................................. ad. No. 4, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Chapter 10
Chapt. 10 ............................... ad. No. 137, 2000
Part 10.2
Part 10.2 ................................ ad. No. 86, 2002
Division 400
S. 400.1 ................................. ad. No. 86, 2002 am. No. 170, 2006; No. 4, 2010
S. 400.2 ................................. ad. No. 86, 2002 am. No. 100, 2005; No. 170, 2006 rs. No. 4, 2010
S. 400.2A .............................. ad. No. 4, 2010
S. 400.3 ................................. ad. No. 86, 2002 Note to s. 400.3(4) Renumbered Note 1 .......... No. 4, 2010 Note 2 to s. 400.3(4) ............. ad. No. 4, 2010
S. 400.4 ................................. ad. No. 86, 2002 Note to s. 400.4(4) Renumbered Note 1........... No. 4, 2010 Note 2 to s. 400.4(4) ............. ad. No. 4, 2010
S. 400.5 ................................. ad. No. 86, 2002 Note to s. 400.5(4) Renumbered Note 1 .......... No. 4, 2010 Note 2 to s. 400.5(4) ............. ad. No. 4, 2010
S. 400.6 ................................. ad. No. 86, 2002 Note to s. 400.6(4) Renumbered Note 1 .......... No. 4, 2010 Note 2 to s. 400.6(4) ............. ad. No. 4, 2010
S. 400.7 ................................. ad. No. 86, 2002 Note to s. 400.7(4) Renumbered Note 1 .......... No. 4, 2010 Note 2 to s. 400.7(4) ............. ad. No. 4, 2010
S. 400.8 ................................. ad. No. 86, 2002 Note to s. 400.8 .................... ad. No. 4, 2010 Heading to s. 400.9 .............. am. No. 4, 2010
S. 400.9 ................................. ad. No. 86, 2002 am. No. 170, 2006; No. 4, 2010
S. 400.10 ............................... ad. No. 86, 2002 am. No. 4, 2010
S. 400.11 ............................... ad. No. 86, 2002 am. No. 170, 2006
S. 400.12 ............................... ad. No. 86, 2002
S. 400.13 ............................... ad. No. 86, 2002
S. 400.14 ............................... ad. No. 86, 2002
S. 400.15 ............................... ad. No. 86, 2002 rs. No. 4, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 400.16 ............................... ad. No. 86, 2002
Part 10.5 Division 470
S. 470.1 ................................. ad. No. 137, 2000 am. No. 9, 2002
S. 470.2 ................................. ad. No. 137, 2000
S. 470.3 ................................. ad. No. 137, 2000
S. 470.4 ................................. ad. No. 42, 2010
Division 471 Subdivision A
Heading to Subdiv. A of......... ad. No. 42, 2010 Div. 471
S. 471.1 ................................. ad. No. 137, 2000
S. 471.2 ................................. ad. No. 137, 2000
S. 471.3 ................................. ad. No. 137, 2000
S. 471.4 ................................. ad. No. 137, 2000
S. 471.5 ................................. ad. No. 137, 2000
S. 471.6 ................................. ad. No. 137, 2000
S. 471.7 ................................. ad. No. 137, 2000
S. 471.8 ................................. ad. No. 137, 2000
S. 471.9 ................................. ad. No. 137, 2000 am. No. 9, 2002
S. 471.10 ............................... ad. No. 9, 2002
S. 471.11 ............................... ad. No. 9, 2002 am. No. 127, 2004
S. 471.12 ............................... ad. No. 9, 2002 am. No. 127, 2004
S. 471.13 ............................... ad. No. 9, 2002
S. 471.14 ............................... ad. No. 9, 2002 am. No. 9, 2002
S. 471.15 ............................... ad. No. 9, 2002
Subdivision B
Subdiv. B of Div. 471............. ad. No. 42, 2010
S. 471.16 ............................... ad. No. 42, 2010
S. 471.17 ............................... ad. No. 42, 2010
S. 471.18 ............................... ad. No. 42, 2010
S. 471.19 ............................... ad. No. 42, 2010
S. 471.20 ............................... ad. No. 42, 2010
S. 471.21 ............................... ad. No. 42, 2010
S. 471.22 ............................... ad. No. 42, 2010
S. 471.23 ............................... ad. No. 42, 2010
Subdivision C
Subdiv. C of Div. 471............. ad. No. 42, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 471.24 ............................... ad. No. 42, 2010
S. 471.25 ............................... ad. No. 42, 2010
S. 471.26 ............................... ad. No. 42, 2010
S. 471.27 ............................... ad. No. 42, 2010
S. 471.28 ............................... ad. No. 42, 2010
S. 471.29 ............................... ad. No. 42, 2010
Subdivision D
Subdiv. D of Div. 471............. ad. No. 42, 2010
S. 471.30 ............................... ad. No. 42, 2010
S. 471.31 ............................... ad. No. 42, 2010
Division 472
S. 472.1 ................................. ad. No. 137, 2000
S. 472.2 ................................. ad. No. 137, 2000
Part 10.6
Part 10.6 ................................ rs. No. 127, 2004
Division 473
S. 473.1 ................................. ad. No. 137, 2000 rs. No. 127, 2004 am. No. 95, 2005; No. 40, 2006; Nos. 8 and 42, 2010
S. 473.2 ................................. ad. No. 137, 2000 rs. No. 127, 2004
S. 473.3 ................................. ad. No. 137, 2000 rs. No. 127, 2004
S. 473.4 ................................. ad. No. 127, 2004
S. 473.5 ................................. ad. No. 42, 2010
Division 474 Subdivision A
S. 474.1 ................................. ad. No. 137, 2000 rs. No. 127, 2004
S. 474.2 ................................. ad. No. 127, 2004
Subdivision B
S. 474.3 ................................. ad. No. 127, 2004
S. 474.4 ................................. ad. No. 127, 2004 am. No. 40, 2006
S. 474.5 ................................. ad. No. 127, 2004
S. 474.6 ................................. ad. No. 127, 2004
S. 474.7 ................................. ad. No. 127, 2004
S. 474.8 ................................. ad. No. 127, 2004
S. 474.9 ................................. ad. No. 127, 2004
S. 474.10 ............................... ad. No. 127, 2004
S. 474.11 ............................... ad. No. 127, 2004
S. 474.12 ............................... ad. No. 127, 2004
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision C
Heading to Subdiv. C of......... rs. No. 42, 2010 Div. 474
S. 474.13 ............................... ad. No. 127, 2004 am. No. 8, 2010 rep. No. 42, 2010
S. 474.14 ............................... ad. No. 127, 2004
S. 474.15 ............................... ad. No. 127, 2004
S. 474.16 ............................... ad. No. 127, 2004
S. 474.17 ............................... ad. No. 127, 2004
S. 474.18 ............................... ad. No. 127, 2004
Subdivision D
Heading to Subdiv. D of......... ad. No. 42, 2010 Div. 474
S. 474.19 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.20 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.21 ............................... ad. No. 127, 2004 am. No. 45, 2005; No. 124, 2007
S. 474.22 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.23 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.24 ............................... ad. No. 127, 2004 am. No. 45, 2005; No. 124, 2007
S. 474.24A............................. ad. No. 42, 2010
S. 474.24B............................. ad. No. 42, 2010
S. 474.24C............................. ad. No. 42, 2010
Subdivision E
Heading to Subdiv. E of......... ad. No. 42, 2010 Div. 474
Heading to s. 474.25 ............. am. No. 8, 2010
S. 474.25 ............................... ad. No. 127, 2004 am. No. 8, 2010
Subdivision F
Heading to Subdiv. F of ......... ad. No. 42, 2010 Div. 474
S. 474.25A............................. ad. No. 42, 2010
S. 474.25B............................. ad. No. 42, 2010
S. 474.26 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.27 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.27A............................. ad. No. 42, 2010
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 474.28 ............. am. No. 42, 2010 Subhead. to s. 474.28(3)....... ad. No. 42, 2010 Subhead. to s. 474.28(5)....... ad. No. 42, 2010
S. 474.28 ............................... ad. No. 127, 2004 am. No. 42, 2010
S. 474.29 ............................... ad. No. 127, 2004 rs. No. 42, 2010
Subdivision G
Heading to Subdiv. G of ........ ad. No. 42, 2010 Div. 474
S. 474.29A............................. ad. No. 92, 2005
S. 474.29B............................. ad. No. 92, 2005
S. 474.30 ............................... ad. No. 127, 2004 rep. No. 42, 2010
Division 475
S. 475.1A............................... ad. No. 42, 2010
S. 475.1B............................... ad. No. 42, 2010
S. 475.1 ................................. ad. No. 137, 2000 rs. No. 127, 2004
S. 475.2 ................................. ad. No. 127, 2004
Part 10.7
Part 10.7 ................................ ad. No. 161, 2001
Division 476
S. 476.1 ................................. ad. No. 161, 2001 am. No. 127, 2004
S. 476.2 ................................. ad. No. 161, 2001 am. No. 152, 2004
S. 476.3 ................................. ad. No. 161, 2001
S. 476.4 ................................. ad. No. 161, 2001
S. 476.5 ................................. ad. No. 161, 2001
am. No. 127, 2004; No. 128, 2005; No. 40, 2006; No. 177, 2007
Division 477
S. 477.1 ................................. ad. No. 161, 2001 am. No. 127, 2004
S. 477.2 ................................. ad. No. 161, 2001 am. No. 127, 2004
S. 477.3 ................................. ad. No. 161, 2001 am. No. 127, 2004
Division 478
S. 478.1 ................................. ad. No. 161, 2001 am. No. 127, 2004
S. 478.2 ................................. ad. No. 161, 2001
S. 478.3 ................................. ad. No. 161, 2001
S. 478.4 ................................. ad. No. 161, 2001
Notes to the Criminal Code Act 1995
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 10.8
Part 10.8 ................................ ad. No. 127, 2004
S. 480.1 ................................. ad. No. 127, 2004
S. 480.2 ................................. ad. No. 127, 2004
S. 480.3 ................................. ad. No. 127, 2004
S. 480.4 ................................. ad. No. 127, 2004
S. 480.5 ................................. ad. No. 127, 2004
S. 480.6 ................................. ad. No. 127, 2004 am. No. 8, 2010
Dictionary............................... am. Nos. 43 and 104, 1999; Nos. 124 and 137, 2000; No. 55, 2001; No. 42, 2002; No. 105, 2002 (as am. by No. 127, 2002); No. 127, 2004; No. 96, 2005; SLI 2006 No. 50; No. 125, 2006; Nos. 18, 54 and 70, 2009; Nos. 3, 4 and 42, 2010
Notes to the Criminal Code Act 1995
Table A
Table A
Application, saving or transitional provisions
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
4 Application of amendments
Cybercrime Act 2001 (No. 161, 2001)
4 Application—Criminal Code amendments
Notes to the Criminal Code Act 1995
Table A
Security Legislation Amendment (Terrorism) Act 2002 (No. 65, 2002)
4 Public and independent review of operation of Security Acts relating to terrorism
Notes to the Criminal Code Act 1995
Table A
Schedule 1
5 Application
For the purpose of making regulations specifying an organisation for the purposes of paragraph (c) of the definition of terrorist organisation in section 102.1 of the Criminal Code, it does not matter whether the relevant decision of the Security Council of the United Nations was made before or after the commencement of this item.
Notes to the Criminal Code Act 1995
Table A
Criminal Code Amendment (Terrorist Organisations) Act 2002 (No. 89, 2002)
Schedule 1
3 Effect of regulations made before commencement of this Act
In spite of anything in subsection 102.1(4) of the Criminal Code before it was repealed, or in the regulations concerned, regulations made for the purposes of paragraph (c) of the definition of terrorist organisation in section 102.1 of the Criminal Code that were notified in the Gazette before the commencement of this Act are deemed to have taken effect on 21 October 2002. Section 48 of the Acts Interpretation Act 1901 has effect subject to this item.
Criminal Code Amendment (Espionage and Related Matters) Act 2002
(No. 91, 2002)
4 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by a Schedule to this Act, that provision continues to apply, after the commencement of this section, in relation to:
proceedings; as if the amendment or repeal had not been made.
(2) Subsection (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Notes to the Criminal Code Act 1995
Table A
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (No. 140, 2003)
4 Transitional provisions
(1) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:
statutory rule under the Statutory Rules Publication Act 1903; any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903.
(2) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:
any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901.
(3) If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day:
that legislation is to be construed, on and after the commencing day or the day of its commencement, whichever last occurs, as if it had
Notes to the Criminal Code Act 1995
Table A
provided instead that the instrument, to the extent that it adversely affects those rights or results in the imposition of those liabilities, has effect, despite subsection 12(2) of the Legislative Instruments Act 2003, before its registration under that Act.
(4) If:
of the Legislative Instruments Act 2003 or otherwise; the enabling legislation has effect, on and after the commencing day, as if:
(5) In this section:
commencing day means the commencing day within the meaning of the Legislative Instruments Act 2003.
Notes to the Criminal Code Act 1995
Table A
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004 (No. 127, 2004)
Schedule 1
30 Saving—existing regulations respecting interception devices
Schedule 4
2 Application of amendment
The amendment made by item 1 applies to prosecutions brought after the commencement of that item.
8 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Part, that provision continues to apply, after the commencement of this item, in relation to:
as if the amendment or repeal had not been made.
Notes to the Criminal Code Act 1995
Table A
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Anti-Terrorism Act 2005 (No. 127, 2005)
4 Review of anti-terrorism laws
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (No. 129, 2005)
Schedule 1
75 Application of amendments to conduct before and after commencement
(1) In this item:
earlier conduct means conduct engaged in before the commencement of this Schedule.
engage in conduct has the same meaning as in the Criminal Code.
later conduct means conduct engaged in after the commencement of this Schedule.
new law means Part 9.1 of the Criminal Code as in force from time to time.
old law means:
Notes to the Criminal Code Act 1995
Table A
76 Transitional regulations
Anti-Terrorism Act (No. 2) 2005 (No. 144, 2005)
4 Review of anti-terrorism laws
Notes to the Criminal Code Act 1995
Table A
Australian Citizenship (Transitionals and Consequentials) Act 2007
(No. 21, 2007)
Schedule 3
14 Definition
In this Part:
commencement day means the day on which sections 2A to 54 of the Australian Citizenship Act 2007 commence.
19 Transitional—Criminal Code Act 1995
Telecommunications (Interception and Access) Amendment Act 2007
(No. 177, 2007)
Schedule 1
68 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
Notes to the Criminal Code Act 1995
Table A
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (No. 4, 2010)
Schedule 4
3 Application of sections 390.3, 390.4, 390.5 and 390.6 of the
Criminal Code
Sections 390.3, 390.4, 390.5 and 390.6 of the Criminal Code apply if all the relevant conduct was engaged in after the commencement of those sections.
Schedule 5
24 Application
The amendments made by this Part apply in relation to conduct engaged in on or after the commencement of this Part.