Prepared by the Office of Parliamentary Counsel, Canberra
Criminal Code Act 1995
No. 12, 1995
Compilation No. 127
Compilation date: 6 April 2019
Includes amendments up to: Act No. 38, 2019
Registered: 29 April 2019
This compilation is in 2 volumes
Volume 1: sections 1–5
Schedule (sections 1.1–261.3)
Volume 2: Schedule (sections 268.1–490.7)
Schedule (Dictionary)
Endnotes
Each volume has its own contents
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About this compilation
This compilation
This is a compilation of the Criminal Code Act 1995 that shows the text of the
law as amended and in force on 6 April 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents
Schedule—The Criminal Code 1
Chapter 8—Offences against humanity and related offences 1
Division 268—Genocide, crimes against humanity, war crimes
and crimes against the administration of the
justice of the International Criminal Court 1
Subdivision A—Introductory 1
268.1 Purpose of Division ...........................................................1
268.2 Outline of offences ............................................................1
Subdivision B—Genocide 2
268.3 Genocide by killing ...........................................................2
268.4 Genocide by causing serious bodily or mental
harm ..................................................................................2
268.5 Genocide by deliberately inflicting conditions of
life calculated to bring about physical destruction ............2
268.6 Genocide by imposing measures intended to
prevent births.....................................................................3
268.7 Genocide by forcibly transferring children........................3
Subdivision C—Crimes against humanity 4
268.8 Crime against humanity—murder .....................................4
268.9 Crime against humanity—extermination...........................4
268.10 Crime against humanity—enslavement .............................5
268.11 Crime against humanity—deportation or forcible
transfer of population ........................................................5
268.12 Crime against humanity—imprisonment or other
severe deprivation of physical liberty................................6
268.13 Crime against humanity—torture ......................................7
268.14 Crime against humanity—rape..........................................7
268.15 Crime against humanity—sexual slavery ..........................9
268.16 Crime against humanity—enforced prostitution................9
268.17 Crime against humanity—forced pregnancy ...................11
268.18 Crime against humanity—enforced sterilisation .............11
268.19 Crime against humanity—sexual violence ......................12
268.20 Crime against humanity—persecution ............................13
268.21 Crime against humanity—enforced disappearance
of persons ........................................................................14
268.22 Crime against humanity—apartheid ................................15
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268.23 Crime against humanity—other inhumane act ................16
Subdivision D—War crimes that are grave breaches of the
Geneva Conventions and of Protocol I to the
Geneva Conventions 16
268.24 War crime—wilful killing ...............................................16
268.25 War crime—torture .........................................................17
268.26 War crime—inhumane treatment ....................................17
268.27 War crime—biological experiments................................18
268.28 War crime—wilfully causing great suffering ..................18
268.29 War crime—destruction and appropriation of
property ...........................................................................19
268.30 War crime—compelling service in hostile forces............19
268.31 War crime—denying a fair trial.......................................20
268.32 War crime—unlawful deportation or transfer .................21
268.33 War crime—unlawful confinement .................................21
268.34 War crime—taking hostages ...........................................22
Subdivision E—Other serious war crimes that are committed in
the course of an international armed conflict 22
268.35 War crime—attacking civilians .......................................22
268.36 War crime—attacking civilian objects ............................23
268.37 War crime—attacking personnel or objects
involved in a humanitarian assistance or
peacekeeping mission......................................................23
268.38 War crime—excessive incidental death, injury or
damage ............................................................................24
268.39 War crime—attacking undefended places .......................25
268.40 War crime—killing or injuring a person who is
hors de combat ................................................................25
268.41 War crime—improper use of a flag of truce....................26
268.42 War crime—improper use of a flag, insignia or
uniform of the adverse party............................................26
268.43 War crime—improper use of a flag, insignia or
uniform of the United Nations.........................................27
268.44 War crime—improper use of the distinctive
emblems of the Geneva Conventions ..............................27
268.45 War crime—transfer of population..................................28
268.46 War crime—attacking protected objects .........................28
268.47 War crime—mutilation....................................................29
268.48 War crime—medical or scientific experiments ...............30
268.49 War crime—treacherously killing or injuring..................31
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268.50 War crime—denying quarter ...........................................31
268.51 War crime—destroying or seizing the enemy’s
property ...........................................................................32
268.52 War crime—depriving nationals of the adverse
power of rights or actions ................................................32
268.53 War crime—compelling participation in military
operations ........................................................................33
268.54 War crime—pillaging......................................................33
268.55 War crime—employing poison or poisoned
weapons...........................................................................34
268.56 War crime—employing prohibited gases, liquids,
materials or devices .........................................................34
268.57 War crime—employing prohibited bullets ......................34
268.58 War crime—outrages upon personal dignity ...................35
268.59 War crime—rape .............................................................35
268.60 War crime—sexual slavery .............................................37
268.61 War crime—enforced prostitution...................................37
268.62 War crime—forced pregnancy ........................................39
268.63 War crime—enforced sterilisation...................................39
268.64 War crime—sexual violence ...........................................40
268.65 War crime—using protected persons as shields ..............41
268.66 War crime—attacking persons or objects using the
distinctive emblems of the Geneva Conventions.............42
268.67 War crime—starvation as a method of warfare ...............42
268.68 War crime—using, conscripting or enlisting
children............................................................................43
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 45
268.69 Definition of religious personnel .....................................45
268.70 War crime—murder ........................................................45
268.71 War crime—mutilation....................................................46
268.72 War crime—cruel treatment ............................................48
268.73 War crime—torture .........................................................49
268.74 War crime—outrages upon personal dignity ...................50
268.75 War crime—taking hostages ...........................................51
268.76 War crime—sentencing or execution without due
process.............................................................................52
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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 54
268.77 War crime—attacking civilians .......................................54
268.78 War crime—attacking persons or objects using the
distinctive emblems of the Geneva Conventions.............54
268.79 War crime—attacking personnel or objects
involved in a humanitarian assistance or
peacekeeping mission......................................................55
268.80 War crime—attacking protected objects .........................56
268.81 War crime—pillaging......................................................56
268.82 War crime—rape .............................................................57
268.83 War crime—sexual slavery .............................................58
268.84 War crime—enforced prostitution...................................59
268.85 War crime—forced pregnancy ........................................60
268.86 War crime—enforced sterilisation...................................61
268.87 War crime—sexual violence ...........................................61
268.88 War crime—using, conscripting or enlisting
children............................................................................63
268.89 War crime—displacing civilians .....................................65
268.90 War crime—treacherously killing or injuring..................65
268.91 War crime—denying quarter ...........................................66
268.92 War crime—mutilation....................................................66
268.93 War crime—medical or scientific experiments ...............67
268.94 War crime—destroying or seizing an adversary’s
property ...........................................................................68
Subdivision H—War crimes that are grave breaches of Protocol I
to the Geneva Conventions 69
268.95 War crime—medical procedure.......................................69
268.96 War crime—removal of blood, tissue or organs for
transplantation .................................................................70
268.97 War crime—attack against works or installations
containing dangerous forces resulting in excessive
loss of life or injury to civilians.......................................70
268.98 War crime—attacking undefended places or
demilitarized zones..........................................................71
268.99 War crime—unjustifiable delay in the repatriation
of prisoners of war or civilians ........................................72
268.100 War crime—apartheid .....................................................72
268.101 War crime—attacking protected objects .........................73
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Subdivision J—Crimes against the administration of the justice of
the International Criminal Court 73
268.102 Perjury.............................................................................73
268.103 Falsifying evidence..........................................................74
268.104 Destroying or concealing evidence..................................74
268.105 Deceiving witnesses ........................................................75
268.106 Corrupting witnesses or interpreters................................75
268.107 Threatening witnesses or interpreters ..............................76
268.108 Preventing witnesses or interpreters ................................76
268.109 Preventing production of things in evidence ...................77
268.110 Reprisals against witnesses..............................................77
268.111 Reprisals against officials of the International
Criminal Court.................................................................78
268.112 Perverting the course of justice .......................................78
268.113 Receipt of a corrupting benefit by an official of the
International Criminal Court ...........................................79
268.114 Subdivision not to apply to certain conduct.....................79
Subdivision K—Miscellaneous 80
268.115 Responsibility of commanders and other superiors .........80
268.116 Defence of superior orders ..............................................81
268.117 Geographical jurisdiction ................................................81
268.118 Double jeopardy ..............................................................81
268.119 Offences related to exercise of jurisdiction of
International Criminal Court ...........................................82
268.120 Saving of other laws ........................................................82
268.121 Bringing proceedings under this Division .......................82
268.122 Attorney-General’s decisions in relation to
consents to be final ..........................................................82
268.123 Legal representation ........................................................83
268.124 Proof of application of Geneva Conventions or
Protocol I to the Geneva Conventions .............................84
268.125 Meaning of civilian .........................................................84
Division 270—Slavery and slavery-like offences 85
Subdivision A—Preliminary 85
270.1A Definitions for Division 270............................................85
Subdivision B—Slavery 87
270.1 Definition of slavery........................................................87
270.2 Slavery is unlawful..........................................................87
270.3 Slavery offences ..............................................................87
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270.3A Slavery offences—geographical jurisdiction...................88
270.3B Prosecutions ....................................................................88
Subdivision C—Slavery-like offences 89
270.4 Definition of servitude.....................................................89
270.5 Servitude offences ...........................................................89
270.6 Definition of forced labour .............................................91
270.6A Forced labour offences ....................................................91
270.7 Deceptive recruiting for labour or services......................92
270.7A Definition of forced marriage .........................................93
270.7B Forced marriage offences ................................................94
270.7C Offence of debt bondage .................................................95
270.8 Slavery-like offences—aggravated offences ...................95
270.9 Slavery-like offences—jurisdictional requirement ..........96
270.10 Slavery-like offences—relevant evidence .......................96
Subdivision D—Offences against Division 270: general 98
270.11 Offences against Division 270—no defence of
victim consent or acquiescence .......................................98
270.12 Offences against Division 270—other laws not
excluded ..........................................................................98
270.13 Offences against Division 270—double jeopardy ...........99
Division 271—Trafficking in persons 100
Subdivision A—Definitions 100
271.1 Definitions.....................................................................100
271.1A Definition of exploitation ..............................................100
Subdivision B—Offences relating to trafficking in persons 101
271.2 Offence of trafficking in persons...................................101
271.3 Trafficking in persons—aggravated offence .................104
271.4 Offence of trafficking in children..................................105
271.5 Offence of domestic trafficking in persons....................106
271.6 Domestic trafficking in persons—aggravated
offence...........................................................................107
271.7 Offence of domestic trafficking in children...................108
Subdivision BA—Organ trafficking 109
271.7A Removal of organs contrary to this Subdivision............109
271.7B Offence of organ trafficking—entry into and exit
from Australia ...............................................................109
271.7C Organ trafficking—aggravated offence .........................110
271.7D Offence of domestic organ trafficking...........................111
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271.7E Domestic organ trafficking—aggravated offence..........111
Subdivision BB—Harbouring a victim 112
271.7F Harbouring a victim.......................................................112
271.7G Harbouring a victim—aggravated offence ....................113
Subdivision D—Offences against Division 271: general 114
271.10 Jurisdictional requirements—offences other than
domestic trafficking in persons or organs......................114
271.11 Jurisdictional requirements—offences of domestic
trafficking in persons or organs .....................................114
271.11A Offences against Division 271—relevant evidence .......115
271.11B Offences against Division 271—no defence of
victim consent or acquiescence .....................................116
271.12 Offences against Division 271—other laws not
excluded ........................................................................116
271.13 Double jeopardy ............................................................117
Division 271A—Overseas travel by certain registered offenders 118
271A.1 Restrictions on overseas travel by certain
registered offenders .......................................................118
Division 272—Child sex offences outside Australia 119
Subdivision A—Preliminary 119
272.1 Definitions.....................................................................119
272.2 When conduct causes a person to engage in sexual
intercourse or other sexual activity................................119
272.3 Meaning of position of trust or authority ......................119
272.4 Meaning of sexual intercourse ......................................120
272.5 Meaning of offence against this Division and
extension of criminal responsibility...............................121
272.6 Who can be prosecuted for an offence committed
outside Australia............................................................122
272.7 Saving of other laws ......................................................122
Subdivision B—Sexual offences against children outside Australia 123
272.8 Sexual intercourse with child outside Australia.............123
272.9 Sexual activity (other than sexual intercourse) with
child outside Australia...................................................124
272.10 Aggravated offence—child with mental
impairment or under care, supervision or authority
of defendant...................................................................125
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272.11 Persistent sexual abuse of child outside Australia .........126
272.12 Sexual intercourse with young person outside
Australia—defendant in position of trust or
authority ........................................................................129
272.13 Sexual activity (other than sexual intercourse) with
young person outside Australia—defendant in
position of trust or authority ..........................................130
272.14 Procuring child to engage in sexual activity
outside Australia............................................................131
272.15 “Grooming” child to engage in sexual activity
outside Australia............................................................132
272.16 Defence based on belief about age ................................133
272.17 Defence based on valid and genuine marriage ..............134
Subdivision C—Offences of benefiting from, encouraging or
preparing for sexual offences against children
outside Australia 135
272.18 Benefiting from offence against this Division ...............135
272.19 Encouraging offence against this Division ....................136
272.20 Preparing for or planning offence against this
Division.........................................................................136
Subdivision E—Other rules about conduct of trials 137
272.27 Evidence relating to a person’s age ...............................137
272.28 Alternative verdicts .......................................................138
272.29 Double jeopardy ............................................................139
272.30 Sentencing.....................................................................139
272.31 Consent to commencement of proceedings where
defendant under 18 ........................................................139
Division 273—Offences involving child pornography material or
child abuse material outside Australia 141
Subdivision A—Preliminary 141
273.1 Definitions.....................................................................141
273.2 Who can be prosecuted for an offence committed
outside Australia............................................................142
273.2A Consent to commencement of proceedings where
defendant under 18 ........................................................142
273.3 Double jeopardy ............................................................142
273.4 Saving of other laws ......................................................142
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Subdivision B—Offences committed overseas involving child
pornography material or child abuse material 143
273.5 Possessing, controlling, producing, distributing or
obtaining child pornography material outside
Australia ........................................................................143
273.6 Possessing, controlling, producing, distributing or
obtaining child abuse material outside Australia ...........143
273.7 Aggravated offence—offence involving conduct
on 3 or more occasions and 2 or more people ...............144
273.8 Alternative verdict if aggravated offence not
proven............................................................................145
Subdivision C—Defences 145
273.9 Defences to offences against this Division ....................145
Division 274—Torture 148
274.1 Definitions.....................................................................148
274.2 Torture...........................................................................148
274.3 Prosecutions ..................................................................149
274.4 No defence of exceptional circumstances or
superior orders...............................................................150
274.5 Jurisdiction of State/Territory courts preserved.............150
274.6 Concurrent operation intended ......................................151
274.7 Double jeopardy ............................................................151
Division 279—Video link evidence 152
279.1 Proceedings to which this Division applies ...................152
279.2 When court may take evidence by video link................152
279.3 Technical requirements for video link...........................152
279.4 Application of laws about witnesses..............................153
279.5 Administration of oaths and affirmations ......................153
279.6 Expenses........................................................................154
279.7 Other laws about foreign evidence not affected ............154
Chapter 9—Dangers to the community 155
Part 9.1—Serious drug offences 155
Division 300—Preliminary 155
300.1 Purpose..........................................................................155
300.2 Definitions.....................................................................155
300.3 Geographical jurisdiction ..............................................158
300.4 Concurrent operation intended ......................................158
300.5 Particular identity of drugs, plants and precursors.........159
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300.6 Recklessness as to nature of substance or plant
sufficient for offence of attempt to commit an
offence against this Part ................................................159
Division 301—Serious drugs and precursors 161
Subdivision A—Serious drugs and precursors: definitions 161
301.1 Meaning of controlled drug...........................................161
301.2 Meaning of controlled plant ..........................................161
301.3 Meaning of controlled precursor ..................................162
301.4 Meaning of border controlled drug ...............................162
301.5 Meaning of border controlled plant ..............................163
301.6 Meaning of border controlled precursor.......................163
301.7 Serious drugs—conditions for listing by regulation ......164
301.8 Serious drug precursors—conditions for listing by
regulation.......................................................................164
301.9 Meaning of drug analogue ............................................164
Subdivision B—Serious drugs and precursors: commercial,
marketable and trafficable quantities 166
301.10 Meaning of commercial quantity...................................166
301.11 Meaning of marketable quantity....................................167
301.12 Meaning of trafficable quantity .....................................168
Subdivision C—Serious drugs and precursors: emergency
determinations 168
301.13 Emergency determinations—serious drugs ...................168
301.14 Emergency determinations—serious drug
precursors ......................................................................169
301.15 Emergency determinations—commercial,
marketable and trafficable quantities.............................170
301.16 Emergency determinations—effectiveness....................170
301.17 Emergency determinations—publication ......................171
Division 302—Trafficking controlled drugs 172
302.1 Meaning of traffics ........................................................172
302.2 Trafficking commercial quantities of controlled
drugs..............................................................................172
302.3 Trafficking marketable quantities of controlled
drugs..............................................................................173
302.4 Trafficking controlled drugs..........................................173
302.5 Presumption where trafficable quantities are
involved.........................................................................173
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302.6 Purchase of controlled drugs is not an ancillary
offence...........................................................................174
Division 303—Commercial cultivation of controlled plants 175
303.1 Meanings of cultivate and cultivates a plant .................175
303.2 Meaning of product of a plant .......................................175
303.3 Meaning of cultivates a plant for a commercial
purpose..........................................................................175
303.4 Cultivating commercial quantities of controlled
plants .............................................................................176
303.5 Cultivating marketable quantities of controlled
plants .............................................................................176
303.6 Cultivating controlled plants .........................................176
303.7 Presumption where trafficable quantities are
involved.........................................................................177
Division 304—Selling controlled plants 178
304.1 Selling commercial quantities of controlled plants........178
304.2 Selling marketable quantities of controlled plants.........178
304.3 Selling controlled plants ................................................178
Division 305—Commercial manufacture of controlled drugs 180
305.1 Meanings of manufacture and manufactures a
substance .......................................................................180
305.2 Meaning of manufactures a substance for a
commercial purpose ......................................................180
305.3 Manufacturing commercial quantities of controlled
drugs..............................................................................180
305.4 Manufacturing marketable quantities of controlled
drugs..............................................................................181
305.5 Manufacturing controlled drugs ....................................181
305.6 Presumption where trafficable quantities are
involved.........................................................................182
Division 306—Pre-trafficking controlled precursors 183
306.1 Meaning of pre-traffics .................................................183
306.2 Pre-trafficking commercial quantities of controlled
precursors ......................................................................183
306.3 Pre-trafficking marketable quantities of controlled
precursors ......................................................................184
306.4 Pre-trafficking controlled precursors.............................184
306.5 Presumption for pre-trafficking controlled
precursors—sale ............................................................185
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306.6 Presumptions for pre-trafficking controlled
precursors—manufacture for drug manufacture ............185
306.7 Presumptions for pre-trafficking controlled
precursors—manufacture for sale..................................186
306.8 Presumptions for pre-trafficking controlled
precursors—possession .................................................187
Division 307—Import-export offences 189
Subdivision A—Importing and exporting border controlled drugs
or border controlled plants 189
307.1 Importing and exporting commercial quantities of
border controlled drugs or border controlled plants ......189
307.2 Importing and exporting marketable quantities of
border controlled drugs or border controlled plants ......189
307.3 Importing and exporting border controlled drugs
or border controlled plants.............................................190
307.4 Importing and exporting border controlled drugs
or border controlled plants—no defence relating to
lack of commercial intent ..............................................190
Subdivision B—Possessing unlawfully imported border controlled
drugs or border controlled plants 191
307.5 Possessing commercial quantities of unlawfully
imported border controlled drugs or border
controlled plants ............................................................191
307.6 Possessing marketable quantities of unlawfully
imported border controlled drugs or border
controlled plants ............................................................191
307.7 Possessing unlawfully imported border controlled
drugs or border controlled plants...................................192
Subdivision C—Possessing border controlled drugs or border
controlled plants reasonably suspected of having
been unlawfully imported 193
307.8 Possessing commercial quantities of border
controlled drugs or border controlled plants
reasonably suspected of having been unlawfully
imported ........................................................................193
307.9 Possessing marketable quantities of border
controlled drugs or border controlled plants
reasonably suspected of having been unlawfully
imported ........................................................................193
307.10 Possessing border controlled drugs or border
controlled plants reasonably suspected of having
been unlawfully imported..............................................194
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Subdivision D—Importing and exporting border controlled
precursors 195
307.11 Importing and exporting commercial quantities of
border controlled precursors..........................................195
307.12 Importing and exporting marketable quantities of
border controlled precursors..........................................195
307.13 Importing and exporting border controlled
precursors ......................................................................195
Division 308—Possession offences 197
308.1 Possessing controlled drugs...........................................197
308.2 Possessing controlled precursors ...................................198
308.3 Possessing plant material, equipment or
instructions for commercial cultivation of
controlled plants ............................................................198
308.4 Possessing substance, equipment or instructions
for commercial manufacture of controlled drugs...........199
Division 309—Drug offences involving children 200
309.1 Children not criminally responsible for offences
against this Division ......................................................200
309.2 Supplying controlled drugs to children..........................200
309.3 Supplying marketable quantities of controlled
drugs to children for trafficking.....................................200
309.4 Supplying controlled drugs to children for
trafficking......................................................................201
309.5 Presumption where trafficable quantities are
involved.........................................................................201
309.6 Meaning of procures an individual to traffic.................201
309.7 Procuring children for trafficking marketable
quantities of controlled drugs ........................................202
309.8 Procuring children for trafficking controlled drugs .......202
309.9 Meaning of procures an individual to pre-traffic ..........203
309.10 Procuring children for pre-trafficking marketable
quantities of controlled precursors ................................203
309.11 Procuring children for pre-trafficking controlled
precursors ......................................................................203
309.12 Procuring children for importing or exporting
marketable quantities of border controlled drugs or
border controlled plants.................................................204
309.13 Procuring children for importing or exporting
border controlled drugs or border controlled plants ......205
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309.14 Procuring children for importing or exporting
marketable quantities of border controlled
precursors ......................................................................205
309.15 Procuring children for importing or exporting
border controlled precursors..........................................206
Division 310—Harm and danger to children under 14 from
serious drug offences 208
310.1 Children not criminally responsible for offences
against this Division ......................................................208
310.2 Danger from exposure to unlawful manufacturing ........208
310.3 Harm from exposure to unlawful manufacturing...........209
310.4 Aggravated offences—manufacturing controlled
drugs and controlled precursors.....................................210
Division 311—Combining quantities of drugs, plants or
precursors 212
Subdivision A—Combining different parcels on the same occasion 212
311.1 Combining different parcels on the same occasion .......212
Subdivision B—Combining parcels from organised commercial
activities 213
311.2 Business of trafficking controlled drugs........................213
311.3 Business of pre-trafficking by selling controlled
precursors ......................................................................214
311.4 Business of importing or exporting border
controlled drugs or border controlled plants..................215
311.5 Business of importing or exporting border
controlled precursors .....................................................215
311.6 Business of supplying controlled drugs to children .......216
311.7 General rules—combining parcels from organised
commercial activities.....................................................217
Subdivision C—Combining parcels from multiple offences 218
311.8 Multiple offences—trafficking controlled drugs ...........218
311.9 Multiple offences—cultivating controlled plants ..........218
311.10 Multiple offences—selling controlled plants.................219
311.11 Multiple offences—manufacturing controlled
drugs..............................................................................219
311.12 Multiple offences—pre-trafficking controlled
precursors ......................................................................219
311.13 Multiple offences—importing or exporting border
controlled drugs or border controlled plants..................220
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311.14 Multiple offences—possessing unlawfully
imported border controlled drugs or border
controlled plants ............................................................220
311.15 Multiple offences—possessing border controlled
drugs or border controlled plants reasonably
suspected of having been unlawfully imported .............221
311.16 Multiple offences—importing or exporting border
controlled precursors .....................................................221
311.17 Multiple offences—supplying controlled drugs to
children for trafficking ..................................................222
311.18 Multiple offences—procuring children for
trafficking controlled drugs ...........................................222
311.19 Multiple offences—procuring children for
pre-trafficking controlled precursors .............................223
311.20 Multiple offences—procuring children for
importing or exporting border controlled drugs or
border controlled plants.................................................223
311.21 Multiple offences—procuring children for
importing or exporting border controlled
precursors ......................................................................224
311.22 General rules—combining parcels from multiple
offences .........................................................................225
Division 312—Working out quantities of drugs, plants or
precursors 226
312.1 Working out quantities of drugs and precursors in
mixtures.........................................................................226
312.2 Working out quantities where different kinds of
drugs, plants or precursors are involved ........................227
Division 313—Defences and alternative verdicts 230
313.1 Defence—conduct justified or excused by or under
a law of a State or Territory...........................................230
313.2 Defence—reasonable belief that conduct is
justified or excused by or under a law ...........................230
313.3 Alternative verdict—offence not proved .......................230
313.4 Alternative verdict—mistake as to quantity of
drug, plant or precursor .................................................231
313.5 Alternative verdict—mistake as to identity of drug,
plant or precursor ..........................................................232
Part 9.2—Psychoactive substances 233
Division 320—Psychoactive substances 233
320.1 Definitions.....................................................................233
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320.2 Importing psychoactive substances ...............................234
320.3 Importing substances represented to be serious
drug alternatives ............................................................236
Part 9.4—Dangerous weapons 239
Division 360—Cross-border firearms trafficking 239
360.1 Disposal and acquisition of a firearm or firearm
part ................................................................................239
360.2 Cross-border offence of disposal or acquisition of
a firearm or firearm part ................................................239
360.3 Taking or sending a firearm or firearm part across
borders...........................................................................240
360.4 Concurrent operation intended ......................................241
Division 361—International firearms trafficking 243
361.1 Definitions.....................................................................243
361.2 Trafficking prohibited firearms or firearm parts
into Australia .................................................................244
361.3 Trafficking prohibited firearms or firearm parts
out of Australia..............................................................245
361.4 Defence—reasonable belief that conduct is
justified or excused by or under a law ...........................246
361.6 Double jeopardy ............................................................246
Part 9.5—Identity crime 247
Division 370—Preliminary 247
370.1 Definitions.....................................................................247
370.2 Definition of foreign indictable offence ........................248
370.3 Concurrent operation intended ......................................248
Division 372—Identity fraud offences 249
372.1 Dealing in identification information ............................249
372.1A Dealing in identification information that involves
use of a carriage service ................................................250
372.2 Possession of identification information .......................252
372.3 Possession of equipment used to make
identification documentation .........................................252
372.4 Extended geographical jurisdiction—category A..........253
372.5 Alternative verdict.........................................................253
372.6 Attempt..........................................................................253
Division 375—Victims’ certificates 254
375.1 Certificate may be issued by magistrate in relation
to victim of identity crime .............................................254
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375.2 Content of certificate .....................................................255
375.3 Relation to civil and criminal proceedings ....................255
375.4 Power conferred on magistrate personally.....................255
Division 376—False identity and air travel 256
376.1 Definitions for Division 376..........................................256
376.2 False identification information—at constitutional
airports ..........................................................................256
376.3 False identification information—air passenger
tickets obtained using a carriage service........................257
376.4 False identification information—air passenger
tickets for constitutional flights .....................................258
376.5 False identification information—extended
jurisdiction (Category D)...............................................259
Part 9.6—Contamination of goods 260
380.1 Definitions.....................................................................260
380.2 Contaminating goods.....................................................260
380.3 Threatening to contaminate goods.................................264
380.4 Making false statements about contamination of
goods .............................................................................267
380.5 Extended geographical jurisdiction—category D..........271
Part 9.9—Criminal associations and organisations 272
Division 390—Criminal associations and organisations 272
Subdivision A—Definitions 272
390.1 Definitions.....................................................................272
390.2 State offences that have a federal aspect .......................274
Subdivision B—Offences 277
390.3 Associating in support of serious organised
criminal activity.............................................................277
390.4 Supporting a criminal organisation................................279
390.5 Committing an offence for the benefit of, or at the
direction of, a criminal organisation..............................280
390.6 Directing activities of a criminal organisation...............282
390.7 Extended geographical jurisdiction—category C ..........284
Chapter 10—National infrastructure 285
Part 10.2—Money laundering 285
Division 400—Money laundering 285
400.1 Definitions.....................................................................285
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400.2 Definition of deals with money or other property .........287
400.2A Application of offences relating to possible
instruments of crime......................................................287
400.3 Dealing in proceeds of crime etc.—money or
property worth $1,000,000 or more...............................288
400.4 Dealing in proceeds of crime etc.—money or
property worth $100,000 or more..................................290
400.5 Dealing in proceeds of crime etc.—money or
property worth $50,000 or more....................................291
400.6 Dealing in proceeds of crime etc.—money or
property worth $10,000 or more....................................292
400.7 Dealing in proceeds of crime etc.—money or
property worth $1,000 or more......................................294
400.8 Dealing in proceeds of crime etc.—money or
property of any value.....................................................295
400.9 Dealing with property reasonably suspected of
being proceeds of crime etc. ..........................................296
400.10 Mistake of fact as to the value of money or
property .........................................................................298
400.11 Proof of certain matters relating to kinds of
offences not required .....................................................299
400.12 Combining several contraventions in a single
charge ............................................................................300
400.13 Proof of other offences is not required ..........................300
400.14 Alternative verdicts .......................................................300
400.15 Geographical jurisdiction ..............................................301
400.16 Saving of other laws ......................................................304
Part 10.5—Postal services 305
Division 470—Preliminary 305
470.1 Definitions.....................................................................305
470.2 Dishonesty.....................................................................307
470.3 Determination of dishonesty to be a matter for the
trier of fact.....................................................................307
470.4 Meaning of expressions used in Subdivisions B
and C of Division 471 ...................................................307
Division 471—Postal offences 309
Subdivision A—General postal offences 309
471.1 Theft of mail-receptacles, articles or postal
messages........................................................................309
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471.2 Receiving stolen mail-receptacles, articles or
postal messages .............................................................310
471.3 Taking or concealing of mail-receptacles, articles
or postal messages .........................................................312
471.4 Dishonest removal of postage stamps or postmarks ......312
471.5 Dishonest use of previously used, defaced or
obliterated stamps..........................................................312
471.6 Damaging or destroying mail-receptacles, articles
or postal messages .........................................................313
471.7 Tampering with mail-receptacles ..................................314
471.8 Dishonestly obtaining delivery of articles .....................314
471.9 Geographical jurisdiction ..............................................314
471.10 Hoaxes—explosives and dangerous substances ............314
471.11 Using a postal or similar service to make a threat .........315
471.12 Using a postal or similar service to menace, harass
or cause offence.............................................................316
471.13 Causing a dangerous article to be carried by a
postal or similar service.................................................316
471.14 Geographical jurisdiction ..............................................317
471.15 Causing an explosive, or a dangerous or harmful
substance, to be carried by post .....................................317
Subdivision B—Offences relating to use of postal or similar
service for child pornography material or child
abuse material 318
471.16 Using a postal or similar service for child
pornography material ....................................................318
471.17 Possessing, controlling, producing, supplying or
obtaining child pornography material for use
through a postal or similar service.................................319
471.18 Defences in respect of child pornography material .......319
471.19 Using a postal or similar service for child abuse
material..........................................................................320
471.20 Possessing, controlling, producing, supplying or
obtaining child abuse material for use through a
postal or similar service.................................................321
471.21 Defences in respect of child abuse material...................321
471.22 Aggravated offence—offence involving conduct
on 3 or more occasions and 2 or more people ...............322
471.23 Alternative verdict if aggravated offence not
proven............................................................................324
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Subdivision C—Offences relating to use of postal or similar
service involving sexual activity with person under
16 324
471.24 Using a postal or similar service to procure
persons under 16............................................................324
471.25 Using a postal or similar service to “groom”
persons under 16............................................................325
471.26 Using a postal or similar service to send indecent
material to person under 16 ...........................................326
471.27 Age-related provisions relating to offences against
this Subdivision.............................................................327
471.28 Other provisions relating to offences against this
Subdivision....................................................................328
471.29 Defences to offences against this Subdivision...............329
Subdivision D—Miscellaneous 330
471.30 Geographical jurisdiction ..............................................330
471.31 Definition of carry by post does not apply ....................330
Division 472—Miscellaneous 331
472.1 Saving of other laws ......................................................331
472.2 Interpretation of other laws ...........................................331
Part 10.6—Telecommunications Services 332
Division 473—Preliminary 332
473.1 Definitions.....................................................................332
473.2 Possession or control of data or material in the
form of data ...................................................................341
473.3 Producing, supplying or obtaining data or material
in the form of data .........................................................341
473.4 Determining whether material is offensive....................341
473.5 Use of a carriage service................................................342
Division 474—Telecommunications offences 343
Subdivision A—Dishonesty with respect to carriage services 343
474.1 Dishonesty.....................................................................343
474.2 General dishonesty with respect to a carriage
service provider .............................................................343
Subdivision B—Interference with telecommunications 344
474.3 Person acting for a carrier or carriage service
provider .........................................................................344
474.4 Interception devices.......................................................344
474.5 Wrongful delivery of communications..........................345
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474.6 Interference with facilities .............................................346
474.7 Modification etc. of a telecommunications device
identifier ........................................................................347
474.8 Possession or control of data or a device with
intent to modify a telecommunications device
identifier ........................................................................348
474.9 Producing, supplying or obtaining data or a device
with intent to modify a telecommunications device
identifier ........................................................................349
474.10 Copying subscription-specific secure data ....................351
474.11 Possession or control of data or a device with
intent to copy an account identifier ...............................352
474.12 Producing, supplying or obtaining data or a device
with intent to copy an account identifier .......................354
Subdivision C—General offences relating to use of
telecommunications 355
474.14 Using a telecommunications network with
intention to commit a serious offence............................355
474.15 Using a carriage service to make a threat ......................356
474.16 Using a carriage service for a hoax threat......................357
474.17 Using a carriage service to menace, harass or
cause offence .................................................................357
474.17A Aggravated offences involving private sexual
material—using a carriage service to menace,
harass or cause offence..................................................358
474.17B Alternative verdict if aggravated offence not
proven............................................................................360
474.18 Improper use of emergency call service ........................361
Subdivision D—Offences relating to use of carriage service for
child pornography material or child abuse
material 362
474.19 Using a carriage service for child pornography
material..........................................................................362
474.20 Possessing, controlling, producing, supplying or
obtaining child pornography material for use
through a carriage service..............................................362
474.21 Defences in respect of child pornography material .......363
474.22 Using a carriage service for child abuse material ..........365
474.23 Possessing, controlling, producing, supplying or
obtaining child abuse material for use through a
carriage service..............................................................365
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474.24 Defences in respect of child abuse material...................366
474.24A Aggravated offence—offence involving conduct
on 3 or more occasions and 2 or more people ...............368
474.24B Alternative verdict if aggravated offence not
proven............................................................................369
474.24C Consent to commencement of proceedings where
defendant under 18 ........................................................369
Subdivision E—Offence relating to obligations of internet service
providers and internet content hosts 370
474.25 Obligations of internet service providers and
internet content hosts.....................................................370
Subdivision F—Offences relating to use of carriage service
involving sexual activity with, or causing harm to,
person under 16 370
474.25A Using a carriage service for sexual activity with
person under 16 years of age .........................................370
474.25B Aggravated offence—child with mental
impairment or under care, supervision or authority
of defendant...................................................................371
474.25C Using a carriage service to prepare or plan to cause
harm to, engage in sexual activity with, or procure
for sexual activity, persons under 16 .............................372
474.26 Using a carriage service to procure persons under
16 years of age...............................................................373
474.27 Using a carriage service to “groom” persons under
16 years of age...............................................................374
474.27A Using a carriage service to transmit indecent
communication to person under 16 years of age ...........375
474.28 Provisions relating to offences against this
Subdivision....................................................................376
474.29 Defences to offences against this Subdivision...............378
Subdivision G—Offences relating to use of carriage service for
suicide related material 380
474.29A Using a carriage service for suicide related
material..........................................................................380
474.29B Possessing, controlling, producing, supplying or
obtaining suicide related material for use through a
carriage service..............................................................382
Subdivision H—Offences relating to use of carriage service for
sharing of abhorrent violent material 383
474.30 Definitions.....................................................................383
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474.31 Abhorrent violent material ............................................383
474.32 Abhorrent violent conduct.............................................384
474.33 Notification obligations of internet service
providers, content service providers and hosting
service providers ...........................................................386
474.34 Removing, or ceasing to host, abhorrent violent
material..........................................................................387
474.35 Notice issued by eSafety Commissioner in relation
to a content service—presumptions...............................389
474.36 Notice issued by eSafety Commissioner in relation
to a hosting service—presumptions...............................391
474.37 Defences in respect of abhorrent violent material .........392
474.38 Implied freedom of political communication ................396
474.39 Provider of content service............................................397
474.40 Service of copies of notices by electronic means ..........397
474.41 Giving a copy of a notice to a contact person etc. .........397
474.42 Attorney-General’s consent required for
prosecution ....................................................................398
474.43 Compensation for acquisition of property .....................399
474.44 This Subdivision does not limit Schedule 5 or 7 to
the Broadcasting Services Act 1992 ..............................399
474.45 Review of this Subdivision............................................399
Division 475—Miscellaneous 401
475.1A Defences for NRS employees and emergency call
persons ..........................................................................401
475.1B Provisions relating to element of offence that
particular conduct was engaged in using a carriage
service ...........................................................................401
475.1 Saving of other laws ......................................................402
475.2 Geographical jurisdiction ..............................................402
Part 10.7—Computer offences 403
Division 476—Preliminary 403
476.1 Definitions.....................................................................403
476.2 Meaning of unauthorised access, modification or
impairment ....................................................................404
476.3 Geographical jurisdiction ..............................................405
476.4 Saving of other laws ......................................................405
476.5 Liability for certain acts ................................................405
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Division 477—Serious computer offences 408
477.1 Unauthorised access, modification or impairment
with intent to commit a serious offence.........................408
477.2 Unauthorised modification of data to cause
impairment ....................................................................409
477.3 Unauthorised impairment of electronic
communication ..............................................................409
Division 478—Other computer offences 411
478.1 Unauthorised access to, or modification of,
restricted data ................................................................411
478.2 Unauthorised impairment of data held on a
computer disk etc. .........................................................411
478.3 Possession or control of data with intent to commit
a computer offence ........................................................411
478.4 Producing, supplying or obtaining data with intent
to commit a computer offence .......................................412
Part 10.8—Financial information offences 414
480.1 Definitions.....................................................................414
480.2 Dishonesty.....................................................................415
480.3 Constitutional application of this Part ...........................415
480.4 Dishonestly obtaining or dealing in personal
financial information .....................................................415
480.5 Possession or control of thing with intent to
dishonestly obtain or deal in personal financial
information....................................................................415
480.6 Importation of thing with intent to dishonestly
obtain or deal in personal financial information ............416
Part 10.9—Accounting records 417
Division 490—False dealing with accounting documents 417
490.1 Intentional false dealing with accounting
documents .....................................................................417
490.2 Reckless false dealing with accounting documents .......419
490.3 Meaning of annual turnover..........................................420
490.4 Related bodies corporate ...............................................421
490.5 Proof of certain matters unnecessary.............................421
490.6 Consent to commencement of proceedings ...................421
490.7 Saving of other laws ......................................................422
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Dictionary 423
Endnotes 439
Endnote 1—About the endnotes 439
Endnote 2—Abbreviation key 441
Endnote 3—Legislation history 442
Endnote 4—Amendment history 460
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The Criminal Code Schedule
Offences against humanity and related offences Chapter 8
Genocide, crimes against humanity, war crimes and crimes against the administration of
the justice of the International Criminal Court Division 268
Section 268.1
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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
Subdivision A—Introductory
268.1 Purpose of Division
(1) The purpose of this Division is to create certain offences that are of
international concern and certain related offences.
(2) It is the Parliament’s intention that the jurisdiction of the
International Criminal Court is to be complementary to the
jurisdiction of Australia with respect to offences in this Division
that are also crimes within the jurisdiction of that Court.
(3) Accordingly, the International Criminal Court Act 2002 does not
affect the primacy of Australia’s right to exercise its jurisdiction
with respect to offences created by this Division that are also
crimes within the jurisdiction of the International Criminal Court.
268.2 Outline of offences
(1) Subdivision B creates offences each of which is called genocide.
(2) Subdivision C creates offences each of which is called a crime
against humanity.
(3) Subdivisions D, E, F, G and H create offences each of which is
called a war crime.
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(4) Subdivision J creates offences each of which is called a crime
against the administration of the justice of the International
Criminal Court.
Subdivision B—Genocide
268.3 Genocide by killing
A person (the perpetrator) commits an offence if:
(a) the perpetrator causes the death of one or more persons; and
(b) the person or persons belong to a particular national, ethnical,
racial or religious group; and
(c) the perpetrator intends to destroy, in whole or in part, that
national, ethnical, racial or religious group, as such.
Penalty: Imprisonment for life.
268.4 Genocide by causing serious bodily or mental harm
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes serious bodily or mental harm to one
or more persons; and
(b) the person or persons belong to a particular national, ethnical,
racial or religious group; and
(c) the perpetrator intends to destroy, in whole or in part, that
national, ethnical, racial or religious group, as such.
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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the justice of the International Criminal Court Division 268
Section 268.6
Criminal Code Act 1995 3
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(a) the perpetrator inflicts certain conditions of life upon one or
more persons; and
(b) the person or persons belong to a particular national, ethnical,
racial or religious group; and
(c) the perpetrator intends to destroy, in whole or in part, that
national, ethnical, racial or religious group, as such; and
(d) the conditions of life are intended to bring about the physical
destruction of that group, in whole or in part.
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:
(a) the perpetrator imposes certain measures upon one or more
persons; and
(b) the person or persons belong to a particular national, ethnical,
racial or religious group; and
(c) the perpetrator intends to destroy, in whole or in part, that
national, ethnical, racial or religious group, as such; and
(d) the measures imposed are intended to prevent births within
that group.
Penalty: Imprisonment for life.
268.7 Genocide by forcibly transferring children
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator forcibly transfers one or more persons; and
(b) the person or persons belong to a particular national, ethnical,
racial or religious group; and
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Section 268.8
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(c) the perpetrator intends to destroy, in whole or in part, that
national, ethnical, racial or religious group, as such; and
(d) the transfer is from that group to another national, ethnical,
racial or religious group; and
(e) the person or persons are under the age of 18 years; and
(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:
(a) by threat of force or coercion (such as that caused by fear of
violence, duress, detention, psychological oppression or
abuse of power) against the person or persons or against
another person; or
(b) by taking advantage of a coercive environment.
Subdivision C—Crimes against humanity
268.8 Crime against humanity—murder
A person (the perpetrator) commits an offence if:
(a) the perpetrator causes the death of one or more persons; and
(b) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for life.
268.9 Crime against humanity—extermination
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes the death of one or more persons; and
(b) the perpetrator’s conduct constitutes, or takes place as part
of, a mass killing of members of a civilian population; and
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the justice of the International Criminal Court Division 268
Section 268.10
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(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for life.
(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:
(a) the perpetrator exercises any or all of the powers attaching to
the right of ownership over one or more persons (including
the exercise of a power in the course of trafficking in
persons, in particular women and children); and
(b) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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:
(a) the perpetrator forcibly displaces one or more persons, by
expulsion or other coercive acts, from an area in which the
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administration of the justice of the International Criminal Court
Section 268.12
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person or persons are lawfully present to another country or
location; and
(b) the forcible displacement is contrary to paragraph 4 of article
12 or article 13 of the Covenant; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish the lawfulness of the presence of
the person or persons in the area; and
(d) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
(3) In subsection (1):
forcibly displaces one or more persons includes displaces one or
more persons:
(a) by threat of force or coercion (such as that caused by fear of
violence, duress, detention, psychological oppression or
abuse of power) against the person or persons or against
another person; or
(b) by taking advantage of a coercive environment.
268.12 Crime against humanity—imprisonment or other severe
deprivation of physical liberty
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator imprisons one or more persons or otherwise
severely deprives one or more persons of physical liberty;
and
(b) the perpetrator’s conduct violates article 9, 14 or 15 of the
Covenant; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
268.13 Crime against humanity—torture
A person (the perpetrator) commits an offence if:
(a) the perpetrator inflicts severe physical or mental pain or
suffering upon one or more persons who are in the custody or
under the control of the perpetrator; and
(b) the pain or suffering does not arise only from, and is not
inherent in or incidental to, lawful sanctions; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 25 years.
268.14 Crime against humanity—rape
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator sexually penetrates another person without the
consent of that person; and
(b) the perpetrator knows of, or is reckless as to, the lack of
consent; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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
(b) the perpetrator knows of, or is reckless as to, the lack of
consent; and
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(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section:
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
(b) penetrate (to any extent) the mouth of a person by the penis
of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or
(b).
(5) In this section, being reckless as to a lack of consent to sexual
penetration includes not giving any thought to whether or not the
person is consenting to sexual penetration.
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(6) In this section, the genitalia or other parts of the body of a person
include surgically constructed genitalia or other parts of the body
of the person.
268.15 Crime against humanity—sexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain
in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing,
that sexual slavery; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a
person who provides sexual services and who, because of the use
of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person
provides sexual services.
(3) In this section:
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are
reasonable grounds for the threat of that action in connection
with the provision of sexual services by a person.
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
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person or persons, including by being reckless as to whether
there is consent; and
(b) the perpetrator intends that he or she, or another person, will
obtain pecuniary or other advantage in exchange for, or in
connection with, the acts of a sexual nature; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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
(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
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to whether or not the person or persons are consenting to engaging
in the act or acts of a sexual nature.
268.17 Crime against humanity—forced pregnancy
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully confines one or more women
forcibly made pregnant; and
(b) the perpetrator intends to affect the ethnic composition of any
population or to destroy, wholly or partly, a national,
ethnical, racial or religious group, as such; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that
was affected by deception or by natural, induced or age-related
incapacity.
(3) To avoid doubt, this section does not affect any other law of the
Commonwealth or any law of a State or Territory.
268.18 Crime against humanity—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological
reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that
has a non-permanent effect in practice; and
(c) the perpetrator’s conduct is neither justified by the medical or
hospital treatment of the person or persons nor carried out
with the consent of the person or persons; and
(d) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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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.
268.19 Crime against humanity—sexual violence
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator does either of the following:
(i) commits an act or acts of a sexual nature against one or
more persons;
(ii) causes one or more persons to engage in an act or acts
of a sexual nature;
without the consent of the person or persons, including by
being reckless as to whether there is consent; and
(b) the perpetrator’s conduct is of a gravity comparable to the
offences referred to in sections 268.14 to 268.18; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 25 years.
(2) Strict liability applies to paragraph (1)(b).
(3) 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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
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(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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
(b) taking advantage of a coercive environment.
(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:
(a) the perpetrator severely deprives one or more persons of any
of the rights referred to in paragraph (b); and
(b) the rights are those guaranteed in articles 6, 7, 8 and 9,
paragraph 2 of article 14, article 18, paragraph 2 of article 20,
paragraph 2 of article 23 and article 27 of the Covenant; and
(c) the perpetrator targets the person or persons by reason of the
identity of a group or collectivity or targets the group or
collectivity as such; and
(d) the grounds on which the targeting is based are political,
racial, national, ethnic, cultural, religious, gender or other
grounds that are recognised in paragraph 1 of article 2 of the
Covenant; and
(e) the perpetrator’s conduct is committed in connection with
another act that is:
(i) a proscribed inhumane act; or
(ii) genocide; or
(iii) a war crime; and
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(f) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 17 years.
(2) Strict liability applies to:
(a) the physical element of the offence referred to in
paragraph (1)(a) that the rights are those referred to in
paragraph (1)(b); and
(b) paragraphs (1)(b) and (d).
268.21 Crime against humanity—enforced disappearance of persons
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator arrests, detains or abducts one or more
persons; and
(b) the arrest, detention or abduction is carried out by, or with
the authorisation, support or acquiescence of, the government
of a country or a political organisation; and
(c) the perpetrator intends to remove the person or persons from
the protection of the law for a prolonged period of time; and
(d) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population; and
(e) after the arrest, detention or abduction, the government or
organisation refuses to acknowledge the deprivation of
freedom of, or to give information on the fate or whereabouts
of, the person or persons.
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
(a) one or more persons have been arrested, detained or
abducted; and
(b) the arrest, detention or abduction was carried out by, or with
the authorisation, support or acquiescence of, the government
of a country or a political organisation; and
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(c) the perpetrator refuses to acknowledge the deprivation of
freedom, or to give information on the fate or whereabouts,
of the person or persons; and
(d) the refusal occurs with the authorisation, support or
acquiescence of the government of the country or the
political organisation; and
(e) the perpetrator knows that, or is reckless as to whether, the
refusal was preceded or accompanied by the deprivation of
freedom; and
(f) the perpetrator intends that the person or persons be removed
from the protection of the law for a prolonged period of time;
and
(g) the arrest, detention or abduction occurred, and the refusal
occurs, as part of a widespread or systematic attack directed
against a civilian population; and
(h) the perpetrator knows that the refusal is part of, or intends the
refusal to be part of, such an attack.
Penalty: Imprisonment for 17 years.
268.22 Crime against humanity—apartheid
A person (the perpetrator) commits an offence if:
(a) the perpetrator commits against one or more persons an act
that is a proscribed inhumane act (as defined by the
Dictionary) or an act that is of a nature and gravity similar to
any such proscribed inhumane act; and
(b) the perpetrator’s conduct is committed in the context of an
institutionalised regime of systematic oppression and
domination by one racial group over any other racial group or
groups; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish the character of the act; and
(d) the perpetrator intends to maintain the regime by the conduct;
and
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(e) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
Penalty: Imprisonment for 17 years.
268.23 Crime against humanity—other inhumane act
A person (the perpetrator) commits an offence if:
(a) the perpetrator causes great suffering, or serious injury to
body or to mental or physical health, by means of an
inhumane act; and
(b) the act is of a character similar to another proscribed
inhumane act as defined by the Dictionary; and
(c) the perpetrator’s conduct is committed intentionally or
knowingly as part of a widespread or systematic attack
directed against a civilian population.
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:
(a) the perpetrator causes the death of one or more persons; and
(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for life.
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(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
(b) the perpetrator inflicts the pain or suffering for the purpose
of:
(i) obtaining information or a confession; or
(ii) a punishment, intimidation or coercion; or
(iii) a reason based on discrimination of any kind; and
(c) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(d) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(e) 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)(c).
268.26 War crime—inhumane treatment
(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
(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
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(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).
268.27 War crime—biological experiments
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator subjects one or more persons to a particular
biological experiment; and
(b) the experiment seriously endangers the physical or mental
health or integrity of the person or persons; and
(c) the perpetrator’s conduct is neither justified by the medical,
dental or hospital treatment of the person or persons nor
carried out in the interest or interests of the person or
persons; and
(d) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(f) 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)(d).
268.28 War crime—wilfully causing great suffering
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes great physical or mental pain or
suffering to, or serious injury to body or health of, one or
more persons; and
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(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(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).
268.29 War crime—destruction and appropriation of property
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator destroys or appropriates property; and
(b) the destruction or appropriation is not justified by military
necessity; and
(c) the destruction or appropriation is extensive and carried out
unlawfully and wantonly; and
(d) the property is protected under one or more of the Geneva
Conventions or under Protocol I to the Geneva Conventions;
and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the property is so protected;
and
(f) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the perpetrator coerces one or more persons, by act or threat:
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(i) to take part in military operations against that person’s
or those persons’ own country or forces; or
(ii) otherwise to serve in the forces of an adverse power;
and
(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
(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:
(a) the perpetrator deprives one or more persons of a fair and
regular trial by denying to the person any of the judicial
guarantees referred to in paragraph (b); and
(b) the judicial guarantees are those defined in articles 84, 99 and
105 of the Third Geneva Convention and articles 66 and 71
of the Fourth Geneva Convention; and
(c) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(d) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(e) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
(2) Strict liability applies to:
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(a) the physical element of the offence referred to in
paragraph (1)(a) that the judicial guarantees are those
referred to in paragraph (1)(b); and
(b) paragraphs (1)(b) and (c).
268.32 War crime—unlawful deportation or transfer
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully deports or transfers one or more
persons to another country or to another location; and
(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(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:
(a) the perpetrator unlawfully confines or continues to confine
one or more persons to a certain location; and
(b) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
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(2) Strict liability applies to paragraph (1)(b).
268.34 War crime—taking hostages
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator seizes, detains or otherwise holds hostage one
or more persons; and
(b) the perpetrator threatens to kill, injure or continue to detain
the person or persons; and
(c) the perpetrator intends to compel the government of a
country, an international organisation or a person or group of
persons to act or refrain from acting as an explicit or implicit
condition for either the safety or the release of the person or
persons; and
(d) the person or persons are protected under one or more of the
Geneva Conventions or under Protocol I to the Geneva
Conventions; and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are so
protected; and
(f) 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)(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:
(a) the perpetrator directs an attack; and
(b) the object of the attack is a civilian population as such or
individual civilians not taking direct part in hostilities; and
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(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for life.
268.36 War crime—attacking civilian objects
A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
(b) the object of the attack is not a military objective; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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
(b) the object of the attack is personnel involved in a
humanitarian assistance or peacekeeping mission in
accordance with the Charter of the United Nations; and
(c) the personnel are entitled to the protection given to civilians
under the Geneva Conventions or Protocol I to the Geneva
Conventions; and
(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:
(a) the perpetrator directs an attack; and
(b) the object of the attack is installations, material, units or
vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the
United Nations; and
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Section 268.38
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(c) the installations, material, units or vehicles are entitled to the
protection given to civilian objects under the Geneva
Conventions or Protocol I to the Geneva Conventions; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the perpetrator launches an attack; and
(b) the perpetrator knows that the attack will cause incidental
death or injury to civilians; and
(c) the perpetrator knows that the death or injury will be of such
an extent as to be excessive in relation to the concrete and
direct military advantage anticipated; and
(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:
(a) the perpetrator launches an attack; and
(b) the perpetrator knows that the attack will cause:
(i) damage to civilian objects; or
(ii) widespread, long-term and severe damage to the natural
environment; and
(c) the perpetrator knows that the damage will be of such an
extent as to be excessive in relation to the concrete and direct
military advantage anticipated; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 20
years.
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Section 268.39
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268.39 War crime—attacking undefended places
A person (the perpetrator) commits an offence if:
(a) the perpetrator attacks or bombards one or more towns,
villages, dwellings or buildings; and
(b) the towns, villages, dwellings or buildings are open for
unresisted occupation; and
(c) the towns, villages, dwellings or buildings do not constitute
military objectives; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the perpetrator kills one or more persons; and
(b) the person or persons are hors de combat; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are
hors de combat; and
(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:
(a) the perpetrator injures one or more persons; and
(b) the person or persons are hors de combat; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the person or persons are
hors de combat; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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Section 268.41
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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:
(a) the perpetrator uses a flag of truce; and
(b) the perpetrator uses the flag in order to feign an intention to
negotiate when there is no such intention on the part of the
perpetrator; and
(c) the perpetrator knows of, or is reckless as to, the illegal
nature of such use of the flag; and
(d) the perpetrator’s conduct results in death or serious personal
injury; and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
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
(b) the perpetrator uses the flag, insignia or uniform while
engaged in an attack or in order to shield, favour, protect or
impede military operations; and
(c) the perpetrator knows of, or is reckless as to, the illegal
nature of such use of the flag, insignia or uniform; and
(d) the perpetrator’s conduct results in death or serious personal
injury; and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
Penalty: Imprisonment for life.
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Section 268.43
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268.43 War crime—improper use of a flag, insignia or uniform of
the United Nations
A person (the perpetrator) commits an offence if:
(a) the perpetrator uses a flag, insignia or uniform of the United
Nations; and
(b) the perpetrator uses the flag, insignia or uniform without the
authority of the United Nations; and
(c) the perpetrator knows of, or is reckless as to, the illegal
nature of such use of the flag, insignia or uniform; and
(d) the perpetrator’s conduct results in death or serious personal
injury; and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
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:
(a) the perpetrator uses an emblem; and
(b) the emblem is one of the distinctive emblems of the Geneva
Conventions; and
(c) the perpetrator uses the emblem for combatant purposes to
invite the confidence of an adversary in order to lead him or
her to believe that the perpetrator is entitled to protection, or
that the adversary is obliged to accord protection to the
perpetrator, with intent to betray that confidence; and
(d) the perpetrator knows of, or is reckless as to, the illegal
nature of such use; and
(e) the perpetrator’s conduct results in death or serious personal
injury; and
(f) the conduct takes place in the context of, and is associated
with, an international armed conflict.
Penalty: Imprisonment for life.
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Section 268.45
28 Criminal Code Act 1995
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(2) Strict liability applies to paragraph (1)(b).
(3) In this section:
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:
(a) the perpetrator:
(i) authorises, organises or directs, or participates in the
authorisation, organisation or direction of, or
participates in, the transfer, directly or indirectly, of
parts of the civilian population of the perpetrator’s own
country into territory that the country occupies; or
(ii) authorises, organises or directs, or participates in the
authorisation, organisation or direction of, or
participates in, the deportation or transfer of all or parts
of the population of territory occupied by the
perpetrator’s own country within or outside that
territory; and
(b) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
268.46 War crime—attacking protected objects
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
(b) the object of the attack is any one or more of the following
that are not military objectives:
(i) buildings dedicated to religion, education, art, science or
charitable purposes;
(ii) historic monuments;
(iii) hospitals or places where the sick and wounded are
collected; and
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(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 20 years.
(2) The definitions of charitable purpose in subsection 12(1) of the
Charities Act 2013 and section 2B of the Acts Interpretation Act
1901 do not apply to this section.
268.47 War crime—mutilation
(1) 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
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct causes the death of the person or
persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
(d) the person or persons are in the power of an adverse party;
and
(e) the 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:
(a) the perpetrator subjects one or more persons to mutilation,
such as by permanently disfiguring, or permanently disabling
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct seriously endangers the physical or
mental health, or the integrity, of the person or persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
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(d) the person or persons are in the power of an adverse party;
and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
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:
(a) the perpetrator subjects one or more persons to a medical or
scientific experiment; and
(b) the experiment causes the death of the person or persons; and
(c) the perpetrator’s conduct is neither justified by the medical,
dental or hospital treatment of the person or persons nor
carried out in the interest or interests of the person or
persons; and
(d) the person or persons are in the power of an adverse party;
and
(e) the 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:
(a) the perpetrator subjects one or more persons to a medical or
scientific experiment; and
(b) the experiment seriously endangers the physical or mental
health, or the integrity, of the person or persons; and
(c) the perpetrator’s conduct is neither justified by the medical,
dental or hospital treatment of the person or persons nor
carried out in the interest or interests of the person or
persons; and
(d) the person or persons are in the power of an adverse party;
and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
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Section 268.49
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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:
(a) the perpetrator invites the confidence or belief of one or more
persons that the perpetrator is entitled to protection, or that
the person or persons are obliged to accord protection to the
perpetrator; and
(b) the perpetrator kills the person or persons; and
(c) the perpetrator makes use of that confidence or belief in
killing the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) 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:
(a) the perpetrator invites the confidence or belief of one or more
persons that the perpetrator is entitled to protection, or that
the person or persons are obliged to accord protection to the
perpetrator; and
(b) the perpetrator injures the person or persons; and
(c) the perpetrator makes use of that confidence or belief in
injuring the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
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(a) the perpetrator declares or orders that there are to be no
survivors; and
(b) the declaration or order is given with the intention of
threatening an adversary or conducting hostilities on the basis
that there are to be no survivors; and
(c) the perpetrator is in a position of effective command or
control over the subordinate forces to which the declaration
or order is directed; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for life.
268.51 War crime—destroying or seizing the enemy’s property
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator destroys or seizes certain property; and
(b) the property is property of an adverse party; and
(c) the property is protected from the destruction or seizure
under article 18 of the Third Geneva Convention, article 53
of the Fourth Geneva Convention or article 54 of Protocol I
to the Geneva Conventions; and
(d) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the property is so protected;
and
(e) the destruction or seizure is not justified by military
necessity; and
(f) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
(2) Strict liability applies to paragraph (1)(c).
268.52 War crime—depriving nationals of the adverse power of
rights or actions
A person (the perpetrator) commits an offence if:
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(a) the perpetrator effects the abolition, suspension or
termination of admissibility in a court of law of certain rights
or actions; and
(b) the abolition, suspension or termination is directed at the
nationals of an adverse party; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
268.53 War crime—compelling participation in military operations
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator coerces one or more persons by act or threat
to take part in military operations against that person’s or
those persons’ own country or forces; and
(b) the person or persons are nationals of an adverse party; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the perpetrator appropriates certain property; and
(b) the perpetrator intends to deprive the owner of the property
and to appropriate it for private or personal use; and
(c) the appropriation is without the consent of the owner; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
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Section 268.55
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268.55 War crime—employing poison or poisoned weapons
A person (the perpetrator) commits an offence if:
(a) the perpetrator employs a substance or employs a weapon
that releases a substance as a result of its employment; and
(b) the substance is such that it causes death or serious damage
to health in the ordinary course of events through its toxic
properties; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
268.56 War crime—employing prohibited gases, liquids, materials
or devices
A person (the perpetrator) commits an offence if:
(a) the perpetrator employs a gas or other analogous substance or
device; and
(b) the gas, substance or device is such that it causes death or
serious damage to health in the ordinary course of events
through its asphyxiating or toxic properties; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
268.57 War crime—employing prohibited bullets
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator employs certain bullets; and
(b) the bullets are such that their use violates the Hague
Declaration because they expand or flatten easily in the
human body; and
(c) the perpetrator knows that, or is reckless as to whether, the
nature of the bullets is such that their employment will
uselessly aggravate suffering or the wounding effect; and
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(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:
(a) the perpetrator severely humiliates, degrades or otherwise
violates the dignity of one or more persons; and
(b) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator severely humiliates, degrades or otherwise
violates the dignity of the body or bodies of one or more dead
persons; and
(b) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
268.59 War crime—rape
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator sexually penetrates another person without the
consent of that person; and
(b) the perpetrator knows about, or is reckless as to, the lack of
consent; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if:
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(a) the perpetrator causes another person to sexually penetrate
the perpetrator without the consent of the other person; and
(b) the perpetrator knows about, or is reckless as to, the lack of
consent; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section:
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
(b) penetrate (to any extent) the mouth of a person by the penis
of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or
(b).
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Section 268.60
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(5) In this section, being reckless as to a lack of consent to sexual
penetration includes not giving any thought to whether or not the
person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person
include surgically constructed genitalia or other parts of the body
of the person.
268.60 War crime—sexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain
in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing,
that sexual slavery; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a
person who provides sexual services and who, because of the use
of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person
provides sexual services.
(3) In this section:
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are
reasonable grounds for the threat of that action in connection
with the provision of sexual services by a person.
268.61 War crime—enforced prostitution
(1) A person (the perpetrator) commits an offence if:
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(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
(b) the perpetrator intends that he or she, or another person, will
obtain pecuniary or other advantage in exchange for, or in
connection with, the acts of a sexual nature; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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
(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
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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:
(a) the perpetrator unlawfully confines one or more women
forcibly made pregnant; and
(b) the perpetrator intends to affect the ethnic composition of any
population or to destroy, wholly or partly, a national,
ethnical, racial or religious group, as such; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that
was effected by deception or by natural, induced or age-related
incapacity.
(3) To avoid doubt, this section does not affect any other law of the
Commonwealth or any law of a State or Territory.
268.63 War crime—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological
reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that
has a non-permanent effect in practice; and
(c) the perpetrator’s conduct is neither justified by the medical or
hospital treatment of the person or persons nor carried out
with the consent of the person or persons; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
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(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:
(i) commits an act or acts of a sexual nature against one or
more persons;
(ii) causes one or more persons to engage in an act or acts
of a sexual nature;
without the consent of the person or persons, including by
being reckless as to whether there is consent; and
(b) the perpetrator’s conduct is of a gravity comparable to the
offences referred to in sections 268.59 to 268.63; and
(c) the 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).
(3) 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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
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(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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
(b) taking advantage of a coercive environment.
(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:
(a) the perpetrator uses the presence of one or more civilians,
prisoners of war, medical or religious personnel or persons
who are hors de combat; and
(b) the perpetrator intends the perpetrator’s conduct to render a
military objective immune from attack or to shield, favour or
impede military operations; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty:
(a) if the conduct results in the death of any of the persons
referred to in paragraph (a)—imprisonment for life; or
(b) otherwise—imprisonment for 17 years.
(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
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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:
(a) the perpetrator attacks one or more persons; and
(b) the person or persons are using, in conformity with the
Geneva Conventions or the Protocols to the Geneva
Conventions, any of the distinctive emblems of the Geneva
Conventions; and
(c) the perpetrator intends the persons so using such an emblem
to be the object of the attack; and
(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:
(a) the perpetrator attacks one or more buildings, medical units
or transports or other objects; and
(b) the buildings, units or transports or other objects are using, in
conformity with the Geneva Conventions or the Protocols to
the Geneva Conventions, any of the distinctive emblems of
the Geneva Conventions; and
(c) the perpetrator intends the buildings, units or transports or
other objects so using such an emblem to be the object of the
attack; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
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:
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(i) any intentional deprivation of civilians of objects
indispensable to their survival; or
(ii) without limiting subparagraph (i)—the wilful impeding
of relief supplies for civilians; and
(b) if subparagraph (a)(ii) applies—the relief supplies are
provided for under the Geneva Conventions; and
(c) 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).
268.68 War crime—using, conscripting or enlisting children
National armed forces
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator uses one or more persons to participate
actively in hostilities as members of the national armed
forces; and
(b) the person or persons are under the age of 15 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator conscripts one or more persons into the
national armed forces; and
(b) the person or persons are under the age of 15 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
(3) A person (the perpetrator) commits an offence if:
(a) the perpetrator enlists one or more persons into the national
armed forces; and
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(b) the person or persons are under the age of 15 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
Other armed forces and groups
(4) A person (the perpetrator) commits an offence if:
(a) the perpetrator uses one or more persons to participate
actively in hostilities other than as members of the national
armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 17 years.
(5) A person (the perpetrator) commits an offence if:
(a) the perpetrator conscripts one or more persons into an armed
force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for 15 years.
(6) A person (the perpetrator) commits an offence if:
(a) the perpetrator enlists one or more persons into an armed
force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 10
years.
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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:
(a) the perpetrator causes the death of one or more persons; and
(b) the person or persons are neither taking an active part in the
hostilities nor are members of an organised armed group; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are
neither taking an active part in the hostilities nor are
members of an organised armed group; and
(d) 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.
(1A) Subsection (1) does not apply if:
(a) the death of the person or persons occurs in the course of, or
as a result of, an attack on a military objective; and
(b) at the time the attack was launched:
(i) the perpetrator did not expect that the attack would
result in the incidental death of, or injury to, civilians
that would have been excessive in relation to the
concrete and direct military advantage anticipated; and
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(ii) it was reasonable in all the circumstances that the
perpetrator did not have such an expectation.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (1A). See subsection 13.3(3).
(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:
(a) a person or persons who are hors de combat; or
(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
(3) For the purposes of this section, the expression members of an
organised armed group does not include members of an organised
armed group who are hors de combat.
268.71 War crime—mutilation
(1) 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
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct causes the death of the person or
persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
(d) the person or persons are neither taking an active part in the
hostilities nor are members of an organised armed group; and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are
neither taking an active part in the hostilities nor are
members of an organised armed group; and
(f) the conduct takes place in the context of, and is associated
with, an armed conflict that is not an international armed
conflict.
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Penalty: Imprisonment for life.
(1A) Subsection (1) does not apply if:
(a) the death of the person or persons occurs in the course of, or
as a result of, an attack on a military objective; and
(b) at the time the attack was launched:
(i) the perpetrator did not expect that the attack would
result in the incidental death of, or injury to, civilians
that would have been excessive in relation to the
concrete and direct military advantage anticipated; and
(ii) it was reasonable in all the circumstances that the
perpetrator did not have such an expectation.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (1A). See subsection 13.3(3).
(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
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct seriously endangers the physical or
mental health, or the integrity, of the person or persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
(d) the person or persons are neither taking an active part in the
hostilities nor are members of an organised armed group; and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are
neither taking an active part in the hostilities nor are
members of an organised armed group; and
(f) 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 25 years.
(2A) Subsection (2) does not apply if:
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(a) the serious endangerment of the physical or mental health, or
integrity, of the person or persons occurs in the course of, or
as a result of, an attack on a military objective; and
(b) at the time the attack was launched:
(i) the perpetrator did not expect that the attack would
result in the incidental death of, or injury to, civilians
that would have been excessive in relation to the
concrete and direct military advantage anticipated; and
(ii) it was reasonable in all the circumstances that the
perpetrator did not have such an expectation.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (2A). See subsection 13.3(3).
(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:
(a) a person or persons who are hors de combat; or
(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
(4) For the purposes of this section, the expression members of an
organised armed group does not include members of an organised
armed group who are hors de combat.
268.72 War crime—cruel treatment
(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
(b) the person or persons are neither taking an active part in the
hostilities nor are members of an organised armed group; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are
neither taking an active part in the hostilities nor are
members of an organised armed group; and
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(d) 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 25 years.
(1A) Subsection (1) does not apply if:
(a) the infliction of the severe physical or mental pain or
suffering on the person or persons occurs in the course of, or
as a result of, an attack on a military objective; and
(b) at the time the attack was launched:
(i) the perpetrator did not expect that the attack would
result in the incidental death of, or injury to, civilians
that would have been excessive in relation to the
concrete and direct military advantage anticipated; and
(ii) it was reasonable in all the circumstances that the
perpetrator did not have such an expectation.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (1A). See subsection 13.3(3).
(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:
(a) a person or persons who are hors de combat; or
(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
(3) For the purposes of this section, the expression members of an
organised armed group does not include members of an organised
armed group who are hors de combat.
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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(b) the perpetrator inflicts the pain or suffering for the purpose
of:
(i) obtaining information or a confession; or
(ii) a punishment, intimidation or coercion; or
(iii) a reason based on discrimination of any kind; and
(c) the person or persons are not taking an active part in the
hostilities; and
(d) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are not
taking an active part in the hostilities; and
(e) 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 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:
(a) a person or persons who are hors de combat; or
(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
268.74 War crime—outrages upon personal dignity
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator severely humiliates, degrades or otherwise
violates the dignity of one or more persons (whether or not
the person or persons are alive); and
(b) the person or persons are not taking an active part in the
hostilities; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are not
taking an active part in the hostilities; and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an armed conflict that is not an international
armed conflict.
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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 a person or persons who:
(a) are hors de combat; or
(b) are civilians, medical personnel or religious personnel who
are not taking an active part in the hostilities; or
(c) are dead.
268.75 War crime—taking hostages
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator seizes, detains or otherwise holds hostage one
or more persons; and
(b) the perpetrator threatens to kill, injure or continue to detain
the person or persons; and
(c) the perpetrator intends to compel the government of a
country, an international organisation or a person or group of
persons to act or refrain from acting as an explicit or implicit
condition for either the safety or the release of the person or
persons; and
(d) the person or persons are not taking an active part in the
hostilities; and
(e) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are not
taking an active part in the hostilities; and
(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 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:
(a) a person or persons who are hors de combat; or
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(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
268.76 War crime—sentencing or execution without due process
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator passes a sentence on one or more persons; and
(b) the person or persons are not taking an active part in the
hostilities; and
(c) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are not
taking an active part in the hostilities; and
(d) either of the following applies:
(i) there was no previous judgment pronounced by a court;
(ii) the court that rendered judgment did not afford the
essential guarantees of independence and impartiality or
other judicial guarantees; and
(e) if the court did not afford other judicial guarantees—those
guarantees are guarantees set out in articles 14, 15 and 16 of
the Covenant; and
(f) the perpetrator knows of:
(i) if subparagraph (d)(i) applies—the absence of a
previous judgment; or
(ii) if subparagraph (d)(ii) applies—the failure to afford the
relevant guarantees and the fact that they are
indispensable to a fair trial; and
(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 10 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator executes one or more persons; and
(b) the person or persons are not taking an active part in the
hostilities; and
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(c) the perpetrator knows of, or is reckless as to, the factual
circumstances establishing that the person or persons are not
taking an active part in the hostilities; and
(d) either of the following applies:
(i) there was no previous judgment pronounced by a court;
(ii) the court that rendered judgment did not afford the
essential guarantees of independence and impartiality or
other judicial guarantees; and
(e) if the court did not afford other judicial guarantees—those
guarantees are guarantees set out in articles 14, 15 and 16 of
the Covenant; and
(f) the perpetrator knows of:
(i) if subparagraph (d)(i) applies—the absence of a
previous judgment; or
(ii) if subparagraph (d)(ii) applies—the failure to afford the
relevant guarantees and the fact that they are
indispensable to a fair trial; and
(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.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) 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:
(a) a person or persons who are hors de combat; or
(b) civilians, medical personnel or religious personnel who are
not taking an active part in the hostilities.
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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:
(a) the perpetrator directs an attack; and
(b) the object of the attack is a civilian population as such or
individual civilians not taking direct part in hostilities; and
(c) 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.
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:
(a) the perpetrator attacks one or more persons; and
(b) the person or persons are using, in conformity with the
Geneva Conventions or the Protocols to the Geneva
Conventions, any of the distinctive emblems of the Geneva
Conventions; and
(c) the perpetrator intends the persons so using such an emblem
to be the object of the attack; and
(d) 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.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator attacks one or more buildings, medical units
or transports or other objects; and
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(b) the buildings, units or transports or other objects are using, in
conformity with the Geneva Conventions or the Protocols to
the Geneva Conventions, any of the distinctive emblems of
the Geneva Conventions; and
(c) the perpetrator intends the buildings, units or transports or
other objects so using such an emblem to be the object of the
attack; and
(d) 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 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:
(a) the perpetrator directs an attack; and
(b) the object of the attack is personnel involved in a
humanitarian assistance or peacekeeping mission in
accordance with the Charter of the United Nations; and
(c) the personnel are entitled to the protection given to civilians
under the Geneva Conventions or Protocol II to the Geneva
Conventions; and
(d) 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.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
(b) the object of the attack is installations, material, units or
vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the
United Nations; and
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(c) the installations, material, units or vehicles are entitled to the
protection given to civilian objects under the Geneva
Conventions and Protocol II to the Geneva Conventions; and
(d) 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 20 years.
(3) Strict liability applies to paragraphs (1)(c) and (2)(c).
268.80 War crime—attacking protected objects
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
(b) the object of the attack is any one or more of the following
that are not military objectives:
(i) buildings dedicated to religion, education, art, science or
charitable purposes;
(ii) historic monuments;
(iii) hospitals or places where the sick and wounded are
collected; and
(c) 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 20 years.
(2) The definitions of charitable purpose in subsection 12(1) of the
Charities Act 2013 and section 2B of the Acts Interpretation Act
1901 do not apply to this section.
268.81 War crime—pillaging
A person (the perpetrator) commits an offence if:
(a) the perpetrator appropriates certain property; and
(b) the perpetrator intends to deprive the owner of the property
and to appropriate it for private or personal use; and
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(c) the appropriation is without the consent of the owner; and
(d) 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 20 years.
268.82 War crime—rape
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator sexually penetrates another person without the
consent of that person; and
(b) the perpetrator knows of, or is reckless as to, the lack of
consent; and
(c) 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 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
(b) the perpetrator knows of, or is reckless as to, the lack of
consent; and
(c) 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 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:
(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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(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section:
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
(b) penetrate (to any extent) the mouth of a person by the penis
of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or
(b).
(5) In this section, being reckless as to a lack of consent to sexual
penetration includes not giving any thought to whether or not the
person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person
include surgically constructed genitalia or other parts of the body
of the person.
268.83 War crime—sexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain
in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing,
that sexual slavery; and
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(c) 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 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a
person who provides sexual services and who, because of the use
of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person
provides sexual services.
(3) In this section:
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are
reasonable grounds for the threat of that action in connection
with the provision of sexual services by a person.
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
(b) the perpetrator intends that he or she, or another person, will
obtain pecuniary or other advantage in exchange for, or in
connection with, the acts of a sexual nature; and
(c) 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 25 years.
(2) In subsection (1):
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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;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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
(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.
268.85 War crime—forced pregnancy
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator unlawfully confines one or more women
forcibly made pregnant; and
(b) the perpetrator intends to affect the ethnic composition of any
population or to destroy, wholly or partly, a national,
ethnical, racial or religious group as such; and
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(c) 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 25 years.
(2) In subsection (1):
forcibly made pregnant includes made pregnant by a consent that
was affected by deception or by natural, induced or age-related
incapacity.
(3) To avoid doubt, this section does not affect any other law of the
Commonwealth or any law of a State or Territory.
268.86 War crime—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological
reproductive capacity; and
(b) the deprivation is not effected by a birth-control measure that
has a non-permanent effect in practice; and
(c) the perpetrator’s conduct is neither justified by the medical or
hospital treatment of the person or persons nor carried out
with the consent of the person or persons; and
(d) 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 25 years.
(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:
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(i) commits an act or acts of a sexual nature against one or
more persons;
(ii) causes one or more persons to engage in an act or acts
of a sexual nature;
without the consent of the person or persons, including by
being reckless as to whether there is consent; and
(b) the perpetrator’s conduct is of a gravity comparable to the
offences referred to in sections 268.82 to 268.87; and
(c) 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 25 years.
(2) Strict liability applies to paragraph (1)(b).
(3) 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:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
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, against the person or another person; or
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(b) taking advantage of a coercive environment.
(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:
(a) the perpetrator uses one or more persons to participate
actively in hostilities as members of the national armed
forces; and
(b) the person or persons are under the age of 15 years; and
(d) 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 17 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator conscripts one or more persons into the
national armed forces; and
(b) the person or persons are under the age of 15 years; and
(d) 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.
(3) A person (the perpetrator) commits an offence if:
(a) the perpetrator enlists one or more persons into the national
armed forces; and
(b) the person or persons are under the age of 15 years; and
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(d) 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 10 years.
Other armed forces and groups
(4) A person (the perpetrator) commits an offence if:
(a) the perpetrator uses one or more persons to participate
actively in hostilities other than as members of the national
armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) 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 17 years.
(5) A person (the perpetrator) commits an offence if:
(a) the perpetrator conscripts one or more persons into an armed
force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) 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.
(6) A person (the perpetrator) commits an offence if:
(a) the perpetrator enlists one or more persons into an armed
force or group other than the national armed forces; and
(b) the person or persons are under the age of 18 years; and
(c) 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 for a contravention of this subsection: Imprisonment for 10
years.
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268.89 War crime—displacing civilians
A person (the perpetrator) commits an offence if:
(a) the perpetrator orders a displacement of a civilian population;
and
(b) the order is not justified by the security of the civilians
involved or by imperative military necessity; and
(c) 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 17 years.
268.90 War crime—treacherously killing or injuring
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more
persons that the perpetrator is entitled to protection, or that
the person or persons are obliged to accord protection to the
perpetrator; and
(b) the perpetrator kills the person or persons; and
(c) the perpetrator makes use of that confidence or belief in
killing the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) 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.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more
persons that the perpetrator is entitled to protection, or that
the person or persons are obliged to accord protection to the
perpetrator; and
(b) the perpetrator injures the person or persons; and
(c) the perpetrator makes use of that confidence or belief in
injuring the person or persons; and
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(d) the person or persons belong to an adverse party; and
(e) 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 for a contravention of this subsection: Imprisonment for 25
years.
268.91 War crime—denying quarter
A person (the perpetrator) commits an offence if:
(a) the perpetrator declares or orders that there are to be no
survivors; and
(b) the declaration or order is given with the intention of
threatening an adversary or conducting hostilities on the basis
that there are to be no survivors; and
(c) the perpetrator is in a position of effective command or
control over the subordinate forces to which the declaration
or order is directed; and
(d) 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.
268.92 War crime—mutilation
(1) 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
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct causes the death of the person or
persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
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(d) the person or persons are in the power of another party to the
conflict; and
(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:
(a) the perpetrator subjects one or more persons to mutilation,
such as by permanently disfiguring, or permanently disabling
or removing organs or appendages of, the person or persons;
and
(b) the perpetrator’s conduct seriously endangers the physical or
mental health, or the integrity, of the person or persons; and
(c) the conduct is neither justified by the medical, dental or
hospital treatment of the person or persons nor carried out in
the interest or interests of the person or persons; and
(d) the person or persons are in the power of another party to the
conflict; and
(e) the conduct takes place in the context of, and is associated
with, an armed conflict that is not an international armed
conflict.
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:
(a) the perpetrator subjects one or more persons to a medical or
scientific experiment; and
(b) the experiment causes the death of the person or persons; and
(c) the perpetrator’s conduct is neither justified by the medical,
dental or hospital treatment of the person or persons nor
carried out in the interest or interests of the person or
persons; and
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(d) the person or persons are in the power of another party to the
conflict; and
(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:
(a) the perpetrator subjects one or more persons to a medical or
scientific experiment; and
(b) the experiment seriously endangers the physical or mental
health, or the integrity, of the person or persons; and
(c) the perpetrator’s conduct is neither justified by the medical,
dental or hospital treatment of the person or persons nor
carried out in the interest or interests of the person or
persons; and
(d) the person or persons are in the power of another party to the
conflict; and
(e) the conduct takes place in the context of, and is associated
with, an armed conflict that is not an international armed
conflict.
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:
(a) the perpetrator destroys or seizes certain property; and
(b) the property is property of an adversary; and
(c) the property is protected from the destruction or seizure
under article 14 of Protocol II to the Geneva Conventions;
and
(d) the perpetrator knows of, or is reckless as to, the factual
circumstances that establish that the property is so protected;
and
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(e) the destruction or seizure is not justified by military
necessity; and
(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:
(a) the perpetrator subjects one or more persons to a medical
procedure; and
(b) the procedure seriously endangers the physical or mental
health, or the integrity, of the person or persons; and
(c) the perpetrator’s conduct is not justified by the state of health
of the person or persons; and
(d) the perpetrator knows that, or is reckless as to whether, the
conduct is consistent with generally accepted medical
standards that would be applied under similar medical
circumstances to persons who are of the same nationality as
the perpetrator and are in no way deprived of liberty; and
(e) the person or persons are in the power of, or are interned,
detained or otherwise deprived of liberty by, the country of
the perpetrator as a result of an international armed conflict;
and
(f) the conduct takes place in the context of, and is associated
with, an international armed conflict.
Penalty: Imprisonment for 25 years.
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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
(b) in the case of the removal of blood—the removal:
(i) is not for transfusion; or
(ii) is for transfusion without the consent of the person or
persons; and
(c) in the case of the removal of skin—the removal:
(i) is not for grafting; or
(ii) is for grafting without the consent of the person or
persons; and
(d) the intent of the removal is non-therapeutic; and
(e) the removal is not carried out under conditions consistent
with generally accepted medical standards and controls
designed for the benefit of the person or persons and of the
recipient; and
(f) the person or persons are in the power of, or are interned,
detained or otherwise deprived of liberty by, an adverse party
as a result of an international armed conflict; and
(g) the conduct takes place in the context of, and is associated
with, an international armed conflict.
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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(a) the perpetrator launches an attack against works or
installations containing dangerous forces; and
(b) the attack is such that it will cause loss of life, injury to
civilians, or damage to civilian objects, to such an extent as
to be excessive in relation to the concrete and direct military
advantage anticipated; and
(c) the perpetrator knows that the attack will cause loss of life,
injury to civilians, or damage to civilian objects, to such an
extent; and
(d) the attack results in death or serious injury to body or health;
and
(e) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for life.
268.98 War crime—attacking undefended places or demilitarized
zones
A person (the perpetrator) commits an offence if:
(a) the perpetrator attacks one or more towns, villages,
dwellings, buildings or demilitarized zones; and
(b) the towns, villages, dwellings or buildings are open for
unresisted occupation; and
(c) the attack results in death or serious injury to body or health;
and
(d) the perpetrator’s conduct takes place in the context of, and is
associated with, an international armed conflict.
Penalty: Imprisonment for life.
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administration of the justice of the International Criminal Court
Section 268.99
72 Criminal Code Act 1995
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268.99 War crime—unjustifiable delay in the repatriation of
prisoners of war or civilians
(1) A person (the perpetrator) commits an offence if:
(a) one or more persons are in the power of, or are interned,
detained or otherwise deprived of liberty by, an adverse party
as a result of an international armed conflict; and
(b) the perpetrator unjustifiably delays the repatriation of the
person or persons to the person’s own country or the persons’
own countries; and
(c) the delay is in violation of Part IV of the Third Geneva
Convention or Chapter XII of Section IV of Part III of the
Fourth Geneva Convention.
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:
(a) the perpetrator commits against one or more persons an act
that is a proscribed inhumane act or is of a nature and gravity
similar to any proscribed inhumane act; and
(b) the perpetrator knows of, or is reckless at to, the factual
circumstances that establish the character of the act; and
(c) the perpetrator’s conduct is committed in the context of an
institutionalised regime of systematic oppression and
domination by one racial group over any other racial group or
groups; and
(d) the perpetrator intends to maintain the regime by the conduct;
and
(e) the conduct takes place in the context of, and is associated
with, an international armed conflict.
Penalty: Imprisonment for 17 years.
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Section 268.101
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268.101 War crime—attacking protected objects
A person (the perpetrator) commits an offence if:
(a) the perpetrator directs an attack; and
(b) the object of the attack is any one or more of the following
that are not used in support of the military effort and are not
located in the immediate proximity of military objectives:
(i) clearly recognised historic monuments;
(ii) works of art;
(iii) places of worship; and
(c) the monuments, works of art and places of worship constitute
the cultural or spiritual heritage of peoples and have been
given special protection by special arrangement (for example,
within the framework of a competent international
organisation); and
(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
(1) A person commits the offence of perjury if:
(a) the person makes a sworn statement in or for the purposes of
a proceeding before the International Criminal Court; and
(b) the statement is false.
Penalty: Imprisonment for 10 years.
(2) A person who is an interpreter commits the offence of perjury if:
(a) the person, by a sworn statement, gives an interpretation of a
statement or other thing in or for the purposes of a
proceeding before the International Criminal Court; and
(b) the interpretation is false or misleading.
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Section 268.103
74 Criminal Code Act 1995
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Penalty: Imprisonment for 10 years.
268.103 Falsifying evidence
(1) A person commits an offence if the person makes false evidence
with the intention of:
(a) influencing a decision on the institution of a proceeding
before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.
Penalty: Imprisonment for 7 years.
(2) A person commits an offence if the person:
(a) uses evidence that is false evidence and that the person
believes is false evidence; and
(b) is reckless as to whether or not the use of the evidence could:
(i) influence a decision on the institution of a proceeding
before the International Criminal Court; or
(ii) influence the outcome of such a proceeding.
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:
(a) influencing a decision on the institution of a proceeding
before the International Criminal Court; or
(b) influencing the outcome of such a proceeding.
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.
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Section 268.105
Criminal Code Act 1995 75
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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:
(a) give false evidence in a proceeding before the International
Criminal Court; or
(b) withhold true evidence at such a proceeding.
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:
(a) not attend as a witness at a proceeding before the
International Criminal Court; or
(b) give false evidence at such a proceeding; or
(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:
(a) not attend as a witness at a proceeding before the
International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.
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:
(a) not attend as an interpreter at a proceeding before the
International Criminal Court; or
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Section 268.107
76 Criminal Code Act 1995
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(b) give a false or misleading interpretation as an interpreter at
such a proceeding.
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:
(a) not attend as a witness at a proceeding before the
International Criminal Court; or
(b) give false evidence at such a proceeding; or
(c) withhold true evidence at such a proceeding.
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
(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
(1) A person commits an offence if the person, by his or her conduct,
intentionally prevents another person from attending as a witness
or interpreter at a proceeding before the International Criminal
Court.
Penalty: Imprisonment for 5 years.
(2) This section does not apply to conduct that constitutes an offence
against section 268.105, 268.106, 268.107, 268.109 or 268.110.
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Section 268.109
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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:
(a) because of anything done by the other person in or for the
purposes of the proceeding; and
(b) in the belief that the other person was a witness who had
done that thing.
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
(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:
(a) a person who attends at a proceeding before the International
Criminal Court as a witness but is not called as a witness; or
(b) an interpreter.
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Division 268 Genocide, crimes against humanity, war crimes and crimes against the
administration of the justice of the International Criminal Court
Section 268.111
78 Criminal Code Act 1995
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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:
(a) because of anything done by the other person; and
(b) in the belief that the other person was an official of that Court
who had done that thing for the purposes of a proceeding
before that 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:
(a) because of anything done by a third person who is an official
of that Court; and
(b) in the belief that the third person was an official of that Court
who had done that thing for the purposes of a proceeding
before that 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.
Penalty: Imprisonment for 5 years.
(2) This section does not apply to conduct that constitutes the
publication of any matter.
(3) In this section:
perverts includes obstructs, prevents or defeats.
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Section 268.113
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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:
(a) the person:
(i) asks for a benefit for himself, herself or another person;
or
(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 person does so with the intention that the exercise of the
person’s duties as an official of the International Criminal
Court will be influenced.
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:
(a) conduct that results in a failure or refusal to issue a certificate
under section 22 or 29 of the International Criminal Court
Act 2002; or
(b) a failure or refusal to issue such a certificate; or
(c) conduct engaged in reliance on the absence of such a
certificate.
(2) In this section:
conduct includes any one or more acts or omissions.
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Section 268.115
80 Criminal Code Act 1995
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Subdivision K—Miscellaneous
268.115 Responsibility of commanders and other superiors
(1) The criminal responsibility imposed by this section is in addition to
other grounds of criminal responsibility under the law in force in
Australia for acts or omissions that are offences under this
Division.
(2) A military commander or person effectively acting as a military
commander is criminally responsible for offences under this
Division committed by forces under his or her effective command
and control, or effective authority and control, as the case may be,
as a result of his or her failure to exercise control properly over
those forces, where:
(a) the military commander or person either knew or, owing to
the circumstances at the time, was reckless as to whether the
forces were committing or about to commit such offences;
and
(b) the military commander or person failed to take all necessary
and reasonable measures within his or her power to prevent
or repress their commission or to submit the matter to the
competent authorities for investigation and prosecution.
(3) With respect to superior and subordinate relationships not
described in subsection (2), a superior is criminally responsible for
offences against this Division committed by subordinates under his
or her effective authority and control, as a result of his or her
failure to exercise control properly over those subordinates, where:
(a) the superior either knew, or consciously disregarded
information that clearly indicated, that the subordinates were
committing or about to commit such offences; and
(b) the offences concerned activities that were within the
effective responsibility and control of the superior; and
(c) the superior failed to take all necessary and reasonable
measures within his or her power to prevent or repress their
commission or to submit the matter to the competent
authorities for investigation and prosecution.
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Section 268.116
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268.116 Defence of superior orders
(1) The fact that genocide or a crime against humanity has been
committed by a person pursuant to an order of a Government or of
a superior, whether military or civilian, does not relieve the person
of criminal responsibility.
(2) Subject to subsection (3), the fact that a war crime has been
committed by a person pursuant to an order of a Government or of
a superior, whether military or civilian, does not relieve the person
of criminal responsibility.
(3) It is a defence to a war crime that:
(a) the war crime was committed by a person pursuant to an
order of a Government or of a superior, whether military or
civilian; and
(b) the person was under a legal obligation to obey the order; and
(c) the person did not know that the order was unlawful; and
(d) the order was not manifestly unlawful.
Note: A defendant bears an evidential burden in establishing the elements in
subsection (3). See subsection 13.3(3).
268.117 Geographical jurisdiction
(1) Section 15.4 (extended geographical jurisdiction—Category D)
applies to genocide, crimes against humanity and war crimes.
(2) Section 15.3 (extended geographical jurisdiction—Category C)
applies to crimes against the administration of the justice of the
International Criminal Court.
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
Court for an offence constituted by substantially the same conduct
as constituted the offence under this Division.
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Section 268.119
82 Criminal Code Act 1995
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268.119 Offences related to exercise of jurisdiction of International
Criminal Court
(1) A person must not:
(a) intentionally contravene an order that the International
Criminal Court makes while sitting in Australia; or
(b) otherwise intentionally hinder the International Criminal
Court in performing its functions while sitting in Australia.
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
(1) Proceedings for an offence under this Division must not be
commenced without the Attorney-General’s written consent.
(2) An offence against this Division may only be prosecuted in the
name of the Attorney-General.
(3) 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.
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:
(a) is final; and
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(b) must not be challenged, appealed against, reviewed, quashed
or called in question; and
(c) is not subject to prohibition, mandamus, injunction,
declaration or certiorari.
(2) The reference in subsection (1) to a decision includes a reference to
the following:
(a) a decision to vary, suspend, cancel or revoke a consent that
has been given;
(b) a decision to impose a condition or restriction in connection
with the giving of, or a refusal to give, a consent or to
remove a condition or restriction so imposed;
(c) a decision to do anything preparatory to the making of a
decision to give, or to refuse to give, a consent or preparatory
to the making of a decision referred to in paragraph (a) or (b),
including a decision for the taking of evidence or the holding
of an inquiry or investigation;
(d) a decision doing or refusing to do anything else in connection
with a decision to give, or to refuse to give, a consent or a
decision referred to in paragraph (a), (b) or (c);
(e) a failure or refusal to make a decision whether or not to give
a consent or a decision referred to in a paragraph (a), (b), (c)
or (d).
(3) Any jurisdiction of the High Court referred to in subsection (1) is
exclusive of the jurisdiction of any other court.
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.
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Section 268.124
84 Criminal Code Act 1995
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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:
(a) Article 2 of the Geneva Convention concerned (which relates
to the circumstances in which the Convention applies); or
(b) Article 1 of that Protocol (which relates to the circumstances
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.
268.125 Meaning of civilian
In this Division, the expression civilian does not include a person
who is a member of an organised armed group.
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Slavery and slavery-like offences Division 270
Section 270.1A
Criminal Code Act 1995 85
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Division 270—Slavery and slavery-like offences
Subdivision A—Preliminary
270.1A Definitions for Division 270
In this Division:
coercion includes coercion by any of the following:
(a) force;
(b) duress;
(c) detention;
(d) psychological oppression;
(e) abuse of power;
(f) taking advantage of a person’s vulnerability.
conducting a business includes:
(a) taking any part in the management of the business; and
(b) exercising control or direction over the business; and
(c) providing finance for the business.
debt bondage is the condition of a person (the first person) if:
(a) the condition arises from a pledge:
(i) by the first person of the personal services of the first
person; or
(ii) by another person of the personal services of the first
person, and the first person is under the other person’s
control; or
(iii) by the first person of the personal services of another
person who is under the first person’s control; and
(b) the pledge is made 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 the person making the
pledge; and
(c) any of the following apply:
(i) the debt owed or claimed to be owed is manifestly
excessive;
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Section 270.1A
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(ii) the reasonable value of those services is not applied
toward the liquidation of the debt or purported debt;
(iii) the length and nature of those services are not
respectively limited and defined.
deceive has the same meaning as in Division 271 (see
section 271.1).
Note: Deception has a corresponding meaning (see section 18A of the Acts
Interpretation Act 1901).
forced labour has the meaning given by section 270.6.
forced marriage has the meaning given by section 270.7A.
servitude has the meaning given by section 270.4.
slavery has the meaning given by section 270.1.
slavery-like offence means an offence against any of the following
provisions:
(a) section 270.5 (servitude offences);
(b) section 270.6A (forced labour offences);
(c) section 270.7 (deceptive recruiting for labour or services);
(d) section 270.7B (forced marriage offences);
(e) section 270.7C (debt bondage).
threat means:
(a) a threat of coercion; or
(b) a threat to cause a person’s deportation or removal from
Australia; or
(c) a threat of any other detrimental action, unless there are
reasonable grounds for the threat of that action in connection
with the provision of labour or services by a person.
Note: Threat includes a threat made by any conduct, whether express or
implied and whether conditional or unconditional (see the definition in
the Dictionary).
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Section 270.1
Criminal Code Act 1995 87
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Subdivision B—Slavery
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:
(aa) reduces a person to slavery; or
(a) possesses a slave or exercises over a slave any of the other
powers attaching to the right of ownership; or
(b) engages in slave trading; or
(c) enters into any commercial transaction involving a slave; or
(d) exercises control or direction over, or provides finance for:
(i) any act of slave trading; or
(ii) any commercial transaction involving a slave;
commits an offence.
Penalty: Imprisonment for 25 years.
(2) A person who:
(a) whether within or outside Australia:
(i) enters into any commercial transaction involving a
slave; or
(ii) exercises control or direction over, or provides finance
for, any commercial transaction involving a slave; or
(iii) exercises control or direction over, or provides finance
for, any act of slave trading; and
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Section 270.3A
88 Criminal Code Act 1995
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(b) is reckless as to whether the transaction or act involves a
slave, slavery, slave trading or the reduction of a person to
slavery;
commits an offence.
Penalty: Imprisonment for 17 years.
(3) In this section:
commercial transaction involving a slave includes a commercial
transaction by which a person is reduced to slavery.
slave trading includes:
(a) the capture, transport or disposal of a person with the
intention of reducing the person to slavery; or
(b) the purchase or sale of a slave.
(4) A person who engages in any conduct with the intention of
securing the release of a person from slavery does not commit an
offence against this section.
(5) The defendant bears a legal burden of proving the matter
mentioned in subsection (4).
270.3A Slavery offences—geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D)
applies to an offence against section 270.3.
270.3B Prosecutions
(1) Proceedings for an offence against section 270.3, 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.
(2) Even though a consent in accordance with subsection (1) has not
been given in relation to an offence against section 270.3:
(a) a person may be arrested for the offence, and a warrant for
the arrest of a person for the offence may be issued and
executed; and
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(b) a person may be charged with the offence; and
(c) a person so charged may be remanded in custody or on bail;
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.
Subdivision C—Slavery-like offences
270.4 Definition of servitude
(1) For the purposes of this Division, servitude is the condition of a
person (the victim) who provides labour or services, if, because of
the use of coercion, threat or deception:
(a) a reasonable person in the position of the victim would not
consider himself or herself to be free:
(i) to cease providing the labour or services; or
(ii) to leave the place or area where the victim provides the
labour or services; and
(b) the victim is significantly deprived of personal freedom in
respect of aspects of his or her life other than the provision of
the labour or services.
(2) Subsection (1) applies whether the coercion, threat or deception is
used against the victim or another person.
(3) The victim may be in a condition of servitude whether or not:
(a) escape from the condition is practically possible for the
victim; or
(b) the victim has attempted to escape from the condition.
270.5 Servitude offences
Causing a person to enter into or remain in servitude
(1) A person commits an offence if:
(a) the person engages in conduct; and
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(b) the conduct causes another person to enter into or remain in
servitude.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 20 years; or
(b) in any other case—imprisonment for 15 years.
Conducting a business involving servitude
(2) A person commits an offence if:
(a) the person conducts any business; and
(b) the business involves the servitude of another person (or
persons).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 20 years; or
(b) in any other case—imprisonment for 15 years.
Alternative verdict of forced labour
(3) Subsection (4) applies if, in a prosecution for an offence (the
servitude offence) against a provision listed in column 1 of the
following table, the trier of fact:
(a) is not satisfied that the defendant is guilty of that offence; but
(b) is satisfied beyond reasonable doubt that the defendant is
guilty of an offence (the forced labour offence) against the
corresponding provision listed in column 2 of the table.
Servitude and forced labour offences
Item Column 1
Servitude offences
Column 2
Forced labour offences
1 Subsection (1) of this section Subsection 270.6A(1)
2 Subsection (2) of this section Subsection 270.6A(2)
(4) The trier of fact may find the defendant not guilty of the servitude
offence, but guilty of the forced labour offence, so long as the
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defendant has been afforded procedural fairness in relation to that
finding of guilt.
270.6 Definition of forced labour
(1) For the purposes of this Division, forced labour is the condition of
a person (the victim) who provides labour or services if, because of
the use of coercion, threat or deception, a reasonable person in the
position of the victim would not consider himself or herself to be
free:
(a) to cease providing the labour or services; or
(b) to leave the place or area where the victim provides the
labour or services.
(2) Subsection (1) applies whether the coercion, threat or deception is
used against the victim or another person.
(3) The victim may be in a condition of forced labour whether or not:
(a) escape from the condition is practically possible for the
victim; or
(b) the victim has attempted to escape from the condition.
270.6A Forced labour offences
Causing a person to enter into or remain in forced labour
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes another person to enter into or remain in
forced labour.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 12 years; or
(b) in any other case—imprisonment for 9 years.
Conducting a business involving forced labour
(2) A person commits an offence if:
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(a) the person conducts any business; and
(b) the business involves the forced labour of another person (or
persons).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 12 years; or
(b) in any other case—imprisonment for 9 years.
Note: On a trial for an offence against section 270.5 (servitude offences), the
trier of fact may find a defendant not guilty of that offence but guilty
of the corresponding offence under this section (see
subsections 270.5(3) and (4)).
270.7 Deceptive recruiting for labour or services
A person (the recruiter) commits an offence if:
(a) the recruiter engages in conduct; and
(b) the recruiter engages in the conduct with the intention of
inducing another person (the victim) to enter into an
engagement to provide labour or services; and
(c) the conduct causes the victim to be deceived about:
(i) the extent to which the victim will be free to leave the
place or area where the victim provides the labour or
services; or
(ii) the extent to which the victim will be free to cease
providing the labour or services; or
(iii) the extent to which the victim will be free to leave his or
her place of residence; or
(iv) if there is or will be a debt owed or claimed to be owed
by the victim in connection with the engagement—the
quantum, or the existence, of the debt owed or claimed
to be owed; or
(v) the fact that the engagement will involve exploitation,
or the confiscation of the victim’s travel or identity
documents; or
(vi) if the engagement is to involve the provision of sexual
services—that fact, or the nature of sexual services to be
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provided (for example, whether those services will
require the victim to have unprotected sex).
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
270.7A Definition of forced marriage
(1) A marriage is a forced marriage if one party to the marriage (the
victim) entered into the marriage without freely and fully
consenting:
(a) because of the use of coercion, threat or deception; or
(b) because the party was incapable of understanding the nature
and effect of the marriage ceremony.
(2) For the purposes of subsection (1), marriage includes the
following:
(a) a registered relationship within the meaning of section 2E of
the Acts Interpretation Act 1901;
(b) a marriage recognised under a law of a foreign country;
(c) a relationship registered (however that process is described)
under a law of a foreign country, if the relationship is of the
same, or a similar, type as any registered relationship within
the meaning of section 2E of the Acts Interpretation Act
1901;
(d) a marriage (including a relationship or marriage mentioned in
paragraph (a), (b) or (c)) that is void, invalid, or not
recognised by law, for any reason, including the following:
(i) a party to the marriage has not freely or fully consented
to the marriage (for example, because of natural,
induced or age-related incapacity);
(ii) a party to the marriage is married (within the meaning
of this subsection) to more than one person.
Note: Section 2E of the Acts Interpretation Act 1901 covers relationships
registered under a law of a State or Territory that are prescribed by
regulations under that Act.
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(3) Paragraph (1)(a) applies whether the coercion, threat or deception
is used against the victim or another person.
(4) For the purposes of proving an offence against this Division or
Division 271, a person under 16 years of age is presumed, unless
the contrary is proved, to be incapable of understanding the nature
and effect of a marriage ceremony.
Note: A defendant bears a legal burden in relation to proving the contrary
(see section 13.4).
270.7B Forced marriage offences
Causing a person to enter into a forced marriage
(1) A person (the first person) commits an offence if:
(a) the first person engages in conduct; and
(b) the conduct causes another person to enter into a forced
marriage as the victim of the marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
Being a party to a forced marriage
(2) A person commits an offence if:
(a) the person is a party to a marriage (within the meaning of
section 270.7A); and
(b) the marriage is a forced marriage; and
(c) the person is not a victim of the forced marriage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 9 years; or
(b) in any other case—imprisonment for 7 years.
(3) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1.
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(4) 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 (4) (see subsection 13.3(3)).
270.7C Offence of debt bondage
A person commits an offence of debt bondage if:
(a) the person engages in conduct that causes another person to
enter into debt bondage; and
(b) the person intends to cause the other person to enter into debt
bondage.
Penalty:
(a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 7 years; or
(b) in any other case—imprisonment for 4 years.
270.8 Slavery-like offences—aggravated offences
(1) For the purposes of this Division, a slavery-like offence committed
by a person (the offender) against another person (the victim) is an
aggravated offence if any of the following applies:
(a) the victim is under 18;
(b) the offender, in committing the offence, subjects the victim
to cruel, inhuman or degrading treatment;
(c) the offender, in committing the offence:
(i) engages in conduct that gives rise to a danger of death
or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
(2) If the prosecution intends to prove an aggravated offence, the
charge must allege the relevant aggravated offence.
(3) If, on a trial for an aggravated offence, the trier of fact is not
satisfied that the defendant is guilty of the aggravated offence, but
is otherwise satisfied that the defendant is guilty of the
corresponding slavery-like offence, it may find the defendant not
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guilty of the aggravated offence, but guilty of the corresponding
slavery-like offence.
(4) Subsection (3) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the
corresponding slavery-like offence.
270.9 Slavery-like offences—jurisdictional requirement
Section 15.2 (extended geographical jurisdiction—category B)
applies to a slavery-like offence.
270.10 Slavery-like offences—relevant evidence
(1) For the purposes of proceedings for a slavery-like offence, the trier
of fact may have regard to any of the matters covered by
subsection (2) in determining whether, in relation to a person (the
alleged victim) against whom the offence is alleged to have been
committed:
(a) in the case of an offence against this Subdivision—the
alleged victim has been coerced, threatened or deceived; or
(b) in the case of an offence against section 270.5—the alleged
victim was significantly deprived of personal freedom; or
(c) in the case of an offence against section 270.7B—the alleged
victim was incapable of understanding the nature and effect
of a marriage ceremony; or
(d) in the case of an offence against section 270.7C—another
person has caused the alleged victim to enter into debt
bondage.
(2) The following matters are covered by this subsection:
(a) the economic relationship between the alleged victim, the
alleged offender or a family member of the alleged victim or
alleged offender, and any other person;
(b) the terms of any written or oral contract or agreement
between the alleged victim, the alleged offender or a family
member of the alleged victim or alleged offender, and any
other person;
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(c) the personal circumstances of the alleged victim, including
but not limited to:
(i) whether he or she is entitled to be in Australia under the
Migration Act 1958; and
(ii) his or her ability to speak, write and understand English
or another language; and
(iii) the extent of his or her social and physical dependence
on the alleged offender or any other person.
(3) Subsection (1) does not:
(a) prevent the leading of any other evidence in the relevant
proceedings; or
(b) limit the manner in which evidence may be given or the
admissibility of evidence.
(4) In this section:
family member of a person means:
(a) the person’s spouse or de facto partner; or
(b) a parent, step-parent or grandparent of the person; or
(c) a child, step-child or grandchild of the person; or
(d) a brother, sister, step-brother or step-sister of the person; or
(e) a guardian or carer of the person.
(5) For the purposes of this section, the family members of a person
are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the
person is the child, because of the definition of child in the
Dictionary;
(c) anyone else who would be a member of the person’s family
if someone mentioned in paragraph (a) or (b) is taken to be a
family member of the person.
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Subdivision D—Offences against Division 270: general
270.11 Offences against Division 270—no defence of victim consent
or acquiescence
To avoid doubt, it is not a defence in a proceeding for an offence
against this Division that a person against whom the offence is
alleged to have been committed consented to, or acquiesced in,
conduct constituting any element of the offence.
270.12 Offences against Division 270—other laws not excluded
(1) 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.
Note: Division 279 (video link evidence) applies to a proceeding for an
offence against this Division.
(2) Without limiting subsection (1), this Division is not intended to
exclude or limit the concurrent operation of any other law of the
Commonwealth, or a law of a State or Territory, that makes:
(a) an act or omission that is an offence against a provision of
this Division; or
(b) a similar act or omission;
an offence against the law of the Commonwealth, State or
Territory.
(3) Subsection (2) applies even if the other law of the Commonwealth,
or the law of the State or Territory, does any one or more of the
following:
(a) provides for a penalty for the offence that differs from the
penalty provided for in this Division;
(b) provides for a fault element in relation to the offence that
differs from the fault elements applicable to the offence
under this Division;
(c) provides for a defence in relation to the offence that differs
from the defences applicable to the offence under this
Division.
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270.13 Offences against Division 270—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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Section 271.1
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Division 271—Trafficking in persons
Subdivision A—Definitions
271.1 Definitions
In this Division:
coercion has the same meaning as in Division 270 (see
section 270.1A).
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.
Note: Deception has a corresponding meaning (see section 18A of the Acts
Interpretation Act 1901).
exploitation has the meaning given by section 271.1A.
threat has the same meaning as in Division 270 (see
section 270.1A).
271.1A Definition of exploitation
For the purposes of this Division, exploitation, of one person (the
victim) by another person, occurs if the other person’s conduct
causes the victim to enter into any of the following conditions:
(a) slavery, or a condition similar to slavery;
(b) servitude;
(c) forced labour;
(d) forced marriage;
(e) debt bondage.
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Note: Division 270 (slavery and slavery-like offences) deals with slavery,
servitude, forced labour, forced marriage and debt bondage.
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:
(a) the first person organises or facilitates the entry or proposed
entry, or the receipt, of another person into Australia; and
(b) the first person uses coercion, threat or deception; and
(c) that use of coercion, threat or deception results in the first
person obtaining the other person’s compliance in respect of
that entry or proposed entry or in respect of that receipt.
Penalty: Imprisonment for 12 years.
(1A) A person (the first person) commits an offence of trafficking in
persons if:
(a) the first person organises or facilitates the exit or proposed
exit of another person from Australia; and
(b) the first person uses coercion, threat or deception; and
(c) that use of coercion, threat or deception results in the first
person obtaining the other person’s compliance in respect of
that exit or proposed exit.
Penalty: Imprisonment for 12 years.
(1B) A person (the first person) commits an offence of trafficking in
persons if:
(a) the first person organises or facilitates the entry or proposed
entry, or the receipt, of another person into Australia; and
(b) in organising or facilitating that entry or proposed entry, or
that receipt, the first person is reckless as to whether the other
person will be exploited, either by the first person or another,
after that entry or receipt.
Penalty: Imprisonment for 12 years.
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Section 271.2
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(1C) A person (the first person) commits an offence of trafficking in
persons if:
(a) the first person organises or facilitates the exit or proposed
exit of another person from Australia; and
(b) in organising or facilitating that exit or proposed exit, the
first person is reckless as to whether the other person will be
exploited, either by the first person or another, after that exit.
Penalty: Imprisonment for 12 years.
(2) A person (the first person) commits an offence of trafficking in
persons if:
(a) the first person organises or facilitates the entry or proposed
entry, or the receipt, of another person into Australia; and
(b) the first person deceives the other person about the fact that
the other person’s entry or proposed entry, the other person’s
receipt or any arrangements for the other person’s stay in
Australia, will involve the provision by the other person of
sexual services or will involve the other person’s exploitation
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:
(a) the first person organises or facilitates the exit or proposed
exit of another person from Australia; and
(b) the first person deceives the other person about the fact that
the other person’s exit or proposed exit is for purposes that
involve the provision by the other person of sexual services
outside Australia or will involve the other person’s
exploitation or the confiscation of the other person’s travel or
identity documents.
Penalty: Imprisonment for 12 years.
(2B) A person (the first person) commits an offence of trafficking in
persons if:
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(a) the first person organises or facilitates the entry or proposed
entry, or the receipt, of another person into Australia; and
(b) there is an arrangement for the other person to provide sexual
services in Australia; and
(c) the first person deceives the other person about any of the
following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave
the place or area where the other person provides sexual
services;
(iii) the extent to which the other person will be free to cease
providing sexual services;
(iv) the extent to which the other person will be free to leave
his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the
other person in connection with the arrangement for the
other person to provide sexual services—the quantum,
or the existence, of the debt owed or claimed to be
owed.
Penalty: Imprisonment for 12 years.
(2C) A person (the first person) commits an offence of trafficking in
persons if:
(a) the first person organises or facilitates the exit or proposed
exit of another person from Australia; and
(b) there is an arrangement for the other person to provide sexual
services outside Australia; and
(c) the first person deceives the other person about any of the
following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave
the place or area where the other person provides sexual
services;
(iii) the extent to which the other person will be free to cease
providing sexual services;
(iv) the extent to which the other person will be free to leave
his or her place of residence;
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(v) if there is a debt owed or claimed to be owed by the
other person in connection with the arrangement for the
other person to provide sexual services—the quantum,
or the existence, of the debt owed or claimed to be
owed.
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to paragraphs (1)(c) and (1A)(c).
271.3 Trafficking in persons—aggravated offence
(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:
(i) if the offence of trafficking in persons is an offence
against subsection 271.2(1), (1B), (2) or (2B)—after
entry into Australia; or
(ii) if the offence of trafficking in persons is an offence
against subsection 271.2(1A), (1C), (2A) or (2C)—after
exit from Australia;
(b) the first person, in committing the offence, subjects the
victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence:
(i) engages in conduct that gives rise to a danger of death
or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
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.
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(3) Subsection (2) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the offence
against section 271.2.
Note: Section 271.2 provides for offences of trafficking in persons.
271.4 Offence of trafficking in children
(1) A person (the first person) commits an offence of trafficking in
children if:
(a) the first person organises or facilitates the entry or proposed
entry into Australia, or the receipt in Australia, of another
person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that entry or proposed entry, or
that receipt, the first person:
(i) intends that the other person will be used to provide
sexual services or will be otherwise exploited, either by
the first person or another, after that entry or receipt; or
(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 person or another, after that entry or
receipt.
Penalty: Imprisonment for 25 years.
(2) A person (the first person) commits an offence of trafficking in
children if:
(a) the first person organises or facilitates the exit or proposed
exit from Australia of another person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that exit or proposed exit, the
first person:
(i) intends that the other person will be used to provide
sexual services or will be otherwise exploited, either by
the first person or another, after that exit; or
(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 person or another, after that exit.
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Penalty: Imprisonment for 25 years.
271.5 Offence of domestic trafficking in persons
(1) A person (the first person) commits an offence of domestic
trafficking in persons if:
(a) the first person organises or facilitates the transportation or
proposed transportation of another person from one place in
Australia to another place in Australia; and
(b) the first person uses coercion, threat or deception; and
(c) that use of coercion, threat or deception results in the first
person obtaining the other person’s compliance in respect of
that transportation or proposed transportation.
Penalty: Imprisonment for 12 years.
(2) A person (the first person) commits an offence of domestic
trafficking in persons if:
(a) the first person organises or facilitates the transportation or
proposed transportation of another person from one place in
Australia to another place in Australia; and
(b) in organising or facilitating that transportation or proposed
transportation, the first person is reckless as to whether the
other person will be exploited, either by the first person or
another, after that transportation.
Penalty: Imprisonment for 12 years.
(2A) A person (the first person) commits an offence of domestic
trafficking in persons if:
(a) the first person organises or facilitates the transportation of
another person from one place in Australia to another place
in Australia; and
(b) the first person deceives the other person about the fact that
the transportation, or any arrangements the first person has
made for the other person following the transportation, will
involve the provision by the other person of sexual services
or will involve the other person’s exploitation or the
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confiscation of the other person’s travel or identity
documents.
Penalty: Imprisonment for 12 years.
(2B) A person (the first person) commits an offence of domestic
trafficking in persons if:
(a) the first person organises or facilitates the transportation of
another person from one place in Australia to another place
in Australia; and
(b) there is an arrangement for the other person to provide sexual
services; and
(c) the first person deceives the other person about any of the
following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave
the place or area where the other person provides sexual
services;
(iii) the extent to which the other person will be free to cease
providing sexual services;
(iv) the extent to which the other person will be free to leave
his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the
other person in connection with the arrangement for the
other person to provide sexual services—the quantum,
or the existence, of the debt owed or claimed to be
owed.
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to paragraph (1)(c).
271.6 Domestic trafficking in persons—aggravated offence
(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:
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(a) the first person commits the offence intending that the victim
will be exploited, either by the first person or by another,
after arrival at the place to which the person has been
transported;
(b) the first person, in committing the offence, subjects the
victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence:
(i) engages in conduct that gives rise to a danger of death
or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
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.
(3) Subsection (2) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the offence
against section 271.5.
Note: Section 271.5 provides for offences of domestic trafficking in persons.
271.7 Offence of domestic trafficking in children
A person commits an offence of domestic trafficking in children if:
(a) the first-mentioned person organises or facilitates the
transportation of another person from one place in Australia
to another place in Australia; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that transportation, the
first-mentioned person:
(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.
Subdivision BA—Organ trafficking
271.7A Removal of organs contrary to this Subdivision
The removal of a person’s organ is contrary to this Subdivision if:
(a) the removal, or entering into an agreement for the removal,
would be contrary to the law of the State or Territory where it
is, or is to be, carried out; or
(b) neither the victim, nor the victim’s guardian, consents to the
removal, and it would not meet a medical or therapeutic need
of the victim.
271.7B Offence of organ trafficking—entry into and exit from
Australia
Entry into Australia
(1) A person (the offender) commits an offence of organ trafficking if:
(a) the offender engages in conduct consisting of the
organisation or facilitation of the entry or proposed entry, or
the receipt, of another person (the victim) into Australia; and
(b) the offender is reckless as to whether the conduct will result
in the removal of an organ of the victim contrary to this
Subdivision, by the offender or another person, after or in the
course of that entry or receipt.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see
section 271.7A.
Exit from Australia
(2) A person (the offender) commits an offence of organ trafficking if:
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(a) the offender engages in conduct consisting of the
organisation or facilitation of the exit or proposed exit of
another person (the victim) from Australia; and
(b) the offender is reckless as to whether the conduct will result
in the removal of an organ of the victim contrary to this
Subdivision, by the offender or another person, after or in the
course of that exit.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see
section 271.7A.
271.7C Organ trafficking—aggravated offence
(1) A person (the offender) commits an aggravated offence of organ
trafficking if the offender commits an offence of organ trafficking
in relation to another person (the victim) and any of the following
applies:
(a) the victim is under 18;
(b) the offender commits the offence intending that an organ of
the victim will be removed contrary to this Subdivision,
either by the offender or another person:
(i) if the offence of organ trafficking is an offence against
subsection 271.7B(1)—after or in the course of entry
into Australia; or
(ii) if the offence of organ trafficking is an offence against
subsection 271.7B(2)—after or in the course of exit
from Australia;
(c) the offender, in committing the offence, subjects the victim
to cruel, inhuman or degrading treatment;
(d) the offender, in committing the offence:
(i) engages in conduct that gives rise to a danger of death
or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
Penalty:
(a) if this subsection applies because the victim is under 18—
imprisonment for 25 years; or
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(b) in any other case—imprisonment for 20 years.
Note: For when the removal of an organ is contrary to this Subdivision, see
section 271.7A.
(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 271.7B, it may find the
defendant not guilty of the aggravated offence but guilty of an
offence against that section.
(3) Subsection (2) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the offence
against section 271.7B.
Note: Section 271.7B provides for offences of organ trafficking.
271.7D Offence of domestic organ trafficking
A person (the offender) commits an offence of domestic organ
trafficking if:
(a) the offender engages in conduct consisting of the
organisation, or facilitation, of the transportation or proposed
transportation of another person (the victim) from one place
in Australia to another place in Australia; and
(b) the offender is reckless as to whether the conduct will result
in the removal of an organ of the victim contrary to this
Subdivision, by the offender or another person, after or in the
course of that transportation.
Penalty: Imprisonment for 12 years.
Note: For when the removal of an organ is contrary to this Subdivision, see
section 271.7A.
271.7E Domestic organ trafficking—aggravated offence
(1) A person (the offender) commits an aggravated offence of
domestic organ trafficking if the offender commits an offence of
domestic organ trafficking in relation to another person (the victim)
and any of the following applies:
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(a) the victim is under 18;
(b) the offender commits the offence intending that an organ of
the victim will be removed contrary to this Subdivision,
either by the offender or another person, after arrival at the
place to which the person has been transported, or in the
course of transportation;
(c) the offender, in committing the offence, subjects the victim
to cruel, inhuman or degrading treatment;
(d) the offender, in committing the offence:
(i) engages in conduct that gives rise to a danger of death
or serious harm to the victim or another person; and
(ii) is reckless as to that danger.
Penalty:
(a) if this subsection applies because the victim is under 18—
imprisonment for 25 years; or
(b) in any other case—imprisonment for 20 years.
Note: For when the removal of an organ is contrary to this Subdivision, see
section 271.7A.
(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 271.7D, it may find the
defendant not guilty of the aggravated offence, but guilty of an
offence against that section.
(3) Subsection (2) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the offence
against section 271.7D.
Note: Section 271.7D provides for offences of domestic organ trafficking.
Subdivision BB—Harbouring a victim
271.7F Harbouring a victim
(1) A person (the offender) commits an offence of harbouring a victim
if:
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(a) the offender harbours, receives or conceals another person
(the victim); and
(b) the harbouring, receipt or concealing of the victim:
(i) assists a third person in connection with any offence
committed by the third person (the third person
offence); or
(ii) furthers a third person’s purpose in relation to any
offence committed by the third person (the third person
offence); and
(c) the third person offence is an offence against this Division
(apart from this section) or Division 270.
Penalty: Imprisonment for 4 years.
(2) Recklessness applies in relation to paragraph (1)(b).
(3) Absolute liability applies in relation to paragraph (1)(c).
(4) A person may be found guilty of an offence against subsection (1)
even if the third person has not been prosecuted for, or has not
been found guilty, of any other offence.
271.7G Harbouring a victim—aggravated offence
(1) A person (the offender) commits an aggravated offence of
harbouring a victim if:
(a) the offender commits an offence of harbouring a victim in
relation to another person (the victim); and
(b) the victim is under 18.
Penalty: Imprisonment for 7 years.
(2) If, on a trial for an offence against this section, the trier of fact is
not satisfied that the defendant is guilty of the aggravated offence,
but is satisfied that the defendant is guilty of an offence against
section 271.7F, it may find the defendant not guilty of the
aggravated offence, but guilty of an offence against that section.
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(3) Subsection (2) only applies if the defendant has been afforded
procedural fairness in relation to the finding of guilt for the offence
against section 271.7F.
Note: Section 271.7F provides for the offence of harbouring a victim.
Subdivision D—Offences against Division 271: general
271.10 Jurisdictional requirements—offences other than domestic
trafficking in persons or organs
Section 15.2 (extended geographical jurisdiction—category B)
applies to an offence against section 271.2, 271.3, 271.4, 271.7B,
271.7C, 271.7F or 271.7G.
271.11 Jurisdictional requirements—offences of domestic trafficking
in persons or organs
A person commits an offence against section 271.5, 271.6, 271.7,
271.7D or 271.7E only if one or more of the following paragraphs
applies:
(a) the conduct constituting the offence occurs to any extent
outside Australia;
(b) the conduct constituting the offence involves transportation
across State borders, either for reward or in connection with a
commercial arrangement;
(c) the conduct constituting the offence occurs within a Territory
or involves transportation to or from a Territory;
(d) the conduct constituting the offence is engaged in by, or on
behalf of, a constitutional corporation, or in circumstances
where the victims of the trafficking conduct were intended to
be employed by a constitutional corporation;
(e) some of the conduct constituting the offence is engaged in by
communication using a postal, telegraphic or telephonic
service within the meaning of paragraph 51(v) of the
Constitution;
(f) the victim of the conduct constituting the offence is an alien
for the purposes of paragraph 51(xix) of the Constitution.
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Section 271.11A
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271.11A Offences against Division 271—relevant evidence
(1) For the purposes of proceedings for an offence against this
Division, the trier of fact may have regard to any of the matters
covered by subsection (2) in determining whether, in relation to a
person (the alleged victim) against whom the offence is alleged to
have been committed:
(a) in the case of an offence against Subdivision B—the alleged
victim has been coerced, threatened or deceived; or
(b) in the case of an offence against Subdivision BA—the
alleged victim, or the alleged victim’s guardian, has
consented to the removal of an organ of the alleged victim.
(2) The following matters are covered by this subsection:
(a) the economic relationship between the alleged victim, the
alleged offender or a family member of the alleged victim or
alleged offender, and any other person;
(b) the terms of any written or oral contract or agreement
between the alleged victim, the alleged offender or a family
member of the alleged victim or alleged offender, and any
other person;
(c) the personal circumstances of the alleged victim, including
but not limited to:
(i) whether he or she is entitled to be in Australia under the
Migration Act 1958; and
(ii) his or her ability to speak, write and understand English
or another language; and
(iii) the extent of his or her social and physical dependence
on the alleged offender or any other person.
(3) If subsection (1) applies in relation to the consent of an alleged
victim’s guardian to the removal of an organ of the alleged victim,
a reference in subsection (2) to the alleged victim is taken to
include a reference to the alleged victim’s guardian.
(4) Subsection (1) does not:
(a) prevent the leading of any other evidence in the relevant
proceedings; or
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(b) limit the manner in which evidence may be given or the
admissibility of evidence.
(5) In this section:
family member of a person means:
(a) the person’s spouse or de facto partner; or
(b) a parent, step-parent or grandparent of the person; or
(c) a child, step-child or grandchild of the person; or
(d) a brother, sister, step-brother or step-sister of the person; or
(e) a guardian or carer of the person.
(6) For the purposes of this section, the family members of a person
are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the
person is the child, because of the definition of child in the
Dictionary;
(c) anyone else who would be a member of the person’s family
if someone mentioned in paragraph (a) or (b) is taken to be a
family member of the person.
271.11B Offences against Division 271—no defence of victim consent
or acquiescence
To avoid doubt, it is not a defence in a proceeding for an offence
against this Division that a person against whom the offence is
alleged to have been committed consented to, or acquiesced in,
conduct constituting any element of the offence.
271.12 Offences against Division 271—other laws not excluded
(1) 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.
Note: Division 279 (video link evidence) applies to a proceeding for an
offence against this Division.
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(2) Without limiting subsection (1), this Division is not intended to
exclude or limit the concurrent operation of any other law of the
Commonwealth, or a law of a State or Territory, that makes:
(a) an act or omission that is an offence against a provision of
this Division; or
(b) a similar act or omission;
an offence against the law of the Commonwealth, State or
Territory.
(3) Subsection (2) applies even if the other law of the Commonwealth,
or the law of the State or Territory, does any one or more of the
following:
(a) provides for a penalty for the offence that differs from the
penalty provided for in this Division;
(b) provides for a fault element in relation to the offence that
differs from the fault elements applicable to the offence
under this Division;
(c) provides for a defence in relation to the offence that differs
from the defences applicable to the offence under this
Division.
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 271A Overseas travel by certain registered offenders
Section 271A.1
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Division 271A—Overseas travel by certain registered offenders
271A.1 Restrictions on overseas travel by certain registered
offenders
(1) A person commits an offence if:
(a) the person is an Australian citizen; and
(b) the person’s name is entered on a child protection offender
register (however described) of a State or Territory; and
(c) the person has reporting obligations (however described) in
connection with that entry on the register; and
(d) the person leaves Australia.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to paragraph (1)(a).
Note: For absolute liability, see section 6.2.
(3) Subsection (1) does not apply if:
(a) a competent authority (within the meaning of section 12 of
the Australian Passports Act 2005 or section 13 of the
Foreign Passports (Law Enforcement and Security) Act
2005) has given permission (however described) for the
person to leave Australia; or
(b) the reporting obligations of the person are suspended at the
time the person leaves Australia.
Note: The defendant bears an evidential burden in relation to the matters in
this subsection: see subsection 13.3(3).
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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:
(a) the person is the other person’s parent, step-parent, or
grandparent; or
(b) the person is the other person’s foster parent, guardian or
carer; or
(c) the person is a teacher engaged in the education of the other
person; or
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(d) the person is a religious official or spiritual leader (however
described) providing pastoral care or religious instruction to
the other person; or
(e) the person is the other person’s sports coach; or
(f) the person is a medical practitioner, nurse, psychologist,
other health professional (however described), counsellor or
social worker providing professional services to the other
person; or
(g) the person is a member of a police force or police service, or
a person employed or providing services in a correctional
institution (however described), performing duties in relation
to the other person; or
(h) the person:
(i) is an employer of the other person; or
(ii) has the authority to determine significant aspects of the
other person’s terms and conditions of employment; or
(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).
(2) Without limiting who is a grandparent of a person for the purposes
of this section, a person (the first person) is the grandparent of
another person if the first person is a parent or step-parent of a
parent or step-parent of the other person.
272.4 Meaning of sexual intercourse
(1) In this Code, sexual intercourse means:
(a) the penetration, to any extent, of the vagina or anus of a
person by any part of the body of another person; or
(b) the penetration, to any extent, of the vagina or anus of a
person, by an object, carried out by another person; or
(c) fellatio; or
(d) cunnilingus; or
(e) the continuation of any activity mentioned in paragraph (a),
(b), (c) or (d).
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(2) In this Code, sexual intercourse does not include an act of
penetration that:
(a) is carried out for a proper medical or hygienic purpose; or
(b) is carried out for a proper law enforcement purpose.
(3) For the purposes of this section, vagina includes:
(a) any part of a female person’s genitalia; and
(b) a surgically constructed vagina.
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:
(i) an offence against section 6 of the Crimes Act 1914
(accessory after the fact); or
(ii) an offence against section 11.1 (attempt), 11.5
(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).
(2) A reference in section 272.19 (encouraging offence against this
Division) to an offence against this Division or against a particular
provision of it does not include a reference to such an offence
because of section 11.2 (complicity and common purpose) or
11.2A (joint commission).
(3) Section 11.1 (attempt) does not apply to an offence against:
(a) section 272.14 (procuring child to engage in sexual activity
outside Australia); or
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(b) section 272.15 (“grooming” child to engage in sexual activity
outside Australia); or
(c) section 272.20 (preparing for or planning offence against this
Division).
(4) Section 11.4 (incitement) does not apply to an offence against this
Division.
(5) Section 11.5 (conspiracy) does not apply to an offence against
section 272.19 (encouraging offence against this Division).
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:
(a) an Australian citizen; or
(b) a resident of Australia; or
(c) a body corporate incorporated by or under a law of the
Commonwealth or of a State or Territory; or
(d) any other body corporate that carries on its activities
principally in Australia.
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.
Note: Division 279 (video link evidence) applies to a proceeding for an
offence against this Division.
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Section 272.8
Criminal Code Act 1995 123
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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:
(a) the person engages in sexual intercourse with another person
(the child); and
(b) the child is under 16; and
(c) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 20 years.
Causing child to engage in sexual intercourse in presence of
defendant
(2) A person commits an offence if:
(a) the person engages in conduct in relation to another person
(the child); and
(b) that conduct causes the child to engage in sexual intercourse
in the presence of the person; and
(c) the child is under 16 when the sexual intercourse is engaged
in; and
(d) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 20 years.
(3) The fault element for paragraph (2)(b) is intention.
(4) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c)
and (d).
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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Section 272.9
124 Criminal Code Act 1995
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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:
(a) the person engages in sexual activity (other than sexual
intercourse) with another person (the child); and
(b) the child is under 16; and
(c) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 15 years.
Causing child to engage in sexual activity in presence of defendant
(2) A person commits an offence if:
(a) the person engages in conduct in relation to another person
(the child); and
(b) that conduct causes the child to engage in sexual activity
(other than sexual intercourse) in the presence of the person;
and
(c) the child is under 16 when the sexual activity is engaged in;
and
(d) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 15 years.
(3) The fault element for paragraph (2)(b) is intention.
(4) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c)
and (d).
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:
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Section 272.10
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(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
(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:
(a) the person commits an offence (the underlying offence)
against one of the following provisions in relation to another
person (the child):
(i) subsection 272.8(1) (engaging in sexual intercourse
with child outside Australia);
(ii) subsection 272.8(2) (causing child to engage in sexual
intercourse in presence of defendant outside Australia);
(iii) subsection 272.9(1) (engaging in sexual activity (other
than sexual intercourse) with child outside Australia);
(iv) subsection 272.9(2) (causing child to engage in sexual
activity (other than sexual intercourse) in presence of
defendant outside Australia); and
(b) either or both of the following apply at the time the person
commits the underlying offence:
(i) the child has a mental impairment;
(ii) the person is in a position of trust or authority in relation
to the child, or the child is otherwise under the care,
supervision or authority of the person.
Penalty: Imprisonment for 25 years.
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Division 272 Child sex offences outside Australia
Section 272.11
126 Criminal Code Act 1995
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(2) There is no fault element for the physical element described in
paragraph (1)(a) other than the fault elements (however described),
if any, for the underlying offence.
(3) To avoid doubt, a person does not commit the underlying offence
for the purposes of paragraph (1)(a) if the person has a defence to
the underlying offence.
(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:
(a) subsection 272.8(1) (engaging in sexual intercourse with
child outside Australia);
(b) subsection 272.8(2) (causing child to engage in sexual
intercourse in presence of defendant outside Australia);
(c) subsection 272.9(1) (engaging in sexual activity (other than
sexual intercourse) with child outside Australia);
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Section 272.11
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(d) subsection 272.9(2) (causing child to engage in sexual
activity (other than sexual intercourse) in presence of
defendant outside Australia).
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.
(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:
(a) must specify with reasonable particularity the period during
which the offence against this section occurred; and
(b) must describe the nature of the separate offences alleged to
have been committed by the person during that period.
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:
(a) the trier of fact must be satisfied beyond reasonable doubt
that the evidence establishes at least 3 separate occasions
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during the period concerned on which the person engaged in
conduct constituting an offence against subsection 272.8(1)
or (2) or 272.9(1) or (2), of a nature described in the charge,
in relation to the child; and
(b) the trier of fact must be so satisfied about the material facts
of the 3 such occasions, although the trier of fact need not be
so satisfied about the dates or the order of those occasions;
and
(c) if the trier of fact is a jury and more than 3 such occasions are
relied on as evidence of the commission of an offence against
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.
(9) A person who has been convicted or acquitted of an offence
against this section may not be convicted of another offence
against section 272.8, 272.9 or 272.10 that is alleged to have been
committed in relation to the child in the period during which the
person was alleged to have committed the offence against this
section.
(10) However, subsection (9) does not prevent an alternative verdict
under section 272.28.
(11) A person who has been convicted or acquitted of an offence
against section 272.8, 272.9 or 272.10 in relation to a person (the
child) may not be convicted of an offence against this section in
relation to the child if any of the occasions relied on as evidence of
the commission of the offence against this section includes the
conduct that constituted the offence of which the person was
convicted or acquitted.
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Section 272.12
Criminal Code Act 1995 129
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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:
(a) the person engages in sexual intercourse with another person
(the young person); and
(b) the young person is at least 16 but under 18; and
(c) the person is in a position of trust or authority in relation to
the young person; and
(d) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 years.
Causing young person to engage in sexual intercourse in presence
of defendant
(2) A person commits an offence if:
(a) the person engages in conduct in relation to another person
(the young person); and
(b) that conduct causes the young person to engage in sexual
intercourse in the presence of the person; and
(c) the young person is at least 16 but under 18 when the sexual
intercourse is engaged in; and
(d) the person is in a position of trust or authority in relation to
the young person; and
(e) the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 years.
(3) The fault element for paragraph (2)(b) is intention.
(4) Absolute liability applies to paragraphs (1)(b) and (d) and (2)(c)
and (e).
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).
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Section 272.13
130 Criminal Code Act 1995
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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:
(a) the person engages in sexual activity (other than sexual
intercourse) with another person (the young person); and
(b) the young person is at least 16 but under 18; and
(c) the person is in a position of trust or authority in relation to
the young person; and
(d) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 7 years.
Causing young person to engage in sexual activity in presence of
defendant
(2) A person commits an offence if:
(a) the person engages in conduct in relation to another person
(the young person); and
(b) that conduct causes the young person to engage in sexual
activity (other than sexual intercourse) in the presence of the
person; and
(c) the young person is at least 16 but under 18 when the sexual
activity is engaged in; and
(d) the person is in a position of trust or authority in relation to
the young person; and
(e) the sexual activity is engaged in outside Australia.
Penalty: Imprisonment for 7 years.
(3) The fault element for paragraph (2)(b) is intention.
(4) Absolute liability applies to paragraphs (1)(b) and (d) and (2)(c)
and (e).
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Section 272.14
Criminal Code Act 1995 131
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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:
(a) the conduct constituting the offence consists only of the
young person being in the presence of the defendant while
sexual activity is engaged in; and
(b) the defendant proves that he or she did not intend to derive
gratification from the presence of the young person 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.
272.14 Procuring 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
(b) the person does so with the intention of procuring the child to
engage in sexual activity (whether or not with the person)
outside Australia; and
(c) the child is someone:
(i) who is under 16; or
(ii) who the person believes to be under 16; and
(d) one or more of the following apply:
(i) the conduct referred to in paragraph (a) occurs wholly
or partly outside Australia;
(ii) the child is outside Australia when the conduct referred
to in paragraph (a) occurs;
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Section 272.15
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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 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.
(3) A person may be found guilty of an offence against subsection (1)
even if it is impossible for the sexual activity referred to in that
subsection to take place.
(4) For the purposes of subsection (1), it does not matter that the child
is a fictitious person represented to the person as a real person.
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
(b) the person does so with the intention of making it easier to
procure the child to engage in sexual activity (whether or not
with the person) outside Australia; and
(c) the child is someone:
(i) who is under 16; or
(ii) who the person believes to be under 16; and
(d) one or more of the following apply:
(i) the conduct referred to in paragraph (a) occurs wholly
or partly outside Australia;
(ii) the child is outside Australia when the conduct referred
to in paragraph (a) occurs;
(iii) the conduct referred to in paragraph (a) occurs wholly in
Australia and the child is in Australia when that conduct
occurs.
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Section 272.16
Criminal Code Act 1995 133
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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.
(3) A person may be found guilty of an offence against subsection (1)
even if it is impossible for the sexual activity referred to in that
subsection to take place.
(4) For the purposes of subsection (1), it does not matter that the child
is a fictitious person represented to the person as a real person.
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.
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.
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Section 272.17
134 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
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:
(i) the place where the marriage was solemnised; or
(ii) the place where the offence was committed; or
(iii) the place of the defendant’s residence or domicile; and
(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.
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Section 272.18
Criminal Code Act 1995 135
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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:
(a) at the time he or she committed the offence, there existed
between the defendant and the child a marriage that was
valid, or recognised as valid, under the law of:
(i) the place where the marriage was solemnised; or
(ii) the place where the offence was committed; or
(iii) the place of the defendant’s residence or domicile; and
(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.
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:
(a) the person engages in conduct; and
(b) the person does so with the intention of benefiting from an
offence against this Division; and
(c) the conduct is reasonably capable of resulting in the person
benefiting from such an offence.
Penalty: Imprisonment for 20 years.
(2) Subsection (1) applies:
(a) whether the conduct is engaged in within or outside
Australia; and
(b) whether or not the person intends to benefit financially from
an offence against this Division; and
(c) whether or not an offence against this Division is in fact
committed.
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Section 272.19
136 Criminal Code Act 1995
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(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:
(a) the person engages in conduct; and
(b) the person does so with the intention of encouraging an
offence against this Division (other than this section or
section 272.20); and
(c) the conduct is reasonably capable of encouraging such an
offence.
Penalty: Imprisonment for 20 years.
(2) Subsection (1) applies:
(a) whether the conduct is engaged in within or outside
Australia; and
(b) 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.
(4) In this section, encourage means:
(a) encourage, incite to, or urge, by any means whatever,
(including by a written, electronic or other form of
communication); or
(b) aid, facilitate, or contribute to, in any way whatever.
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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Section 272.27
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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:
(a) the person does an act; and
(b) the person does so with the intention of preparing for, or
planning, an offence against section 272.12 or 272.13.
Penalty: Imprisonment for 5 years.
(3) Subsections (1) and (2) apply:
(a) whether the act is done within or outside Australia; and
(b) whether or not an offence against a provision referred to in
paragraph (1)(b) or (2)(b) is in fact committed; and
(c) whether or not the act is done in preparation for, or planning,
a specific offence against a provision referred to in
paragraph (1)(b) or (2)(b); and
(d) whether or not the act is done in preparation for, or planning,
more than one offence against a provision referred to in
paragraph (1)(b) or (2)(b).
Subdivision E—Other rules about conduct of trials
272.27 Evidence relating to a person’s age
(1) For the purposes of this Division, evidence that a person was
represented to the defendant as being under or of a particular age
is, in the absence of evidence to the contrary, proof that the
defendant believed that person to be under or of that age.
(2) In determining for the purposes of this Division how old a person
is or was at a particular time, a jury or court may treat any of the
following as admissible evidence:
(a) the person’s appearance;
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(b) medical or other scientific opinion;
(c) a document that is or appears to be an official or medical
record from a country outside Australia;
(d) a document that is or appears to be a copy of such a record.
(3) Subsection (2) does not make any other kind of evidence
inadmissible, and does not affect a prosecutor’s duty to do all he or
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:
(a) is not satisfied that the defendant is guilty of the column 1
offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of
an offence (the column 2 offence) against a provision
referred to in column 2 of that item;
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)
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Alternative verdicts
Item Column 1 Column 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)
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
(1) In determining the sentence to be passed, or the order to be made,
in respect of a person for an offence against Subdivision B of this
Division, the court must take into account the age and maturity of
the person in relation to whom the offence was committed, so far
as these matters are relevant and known to the court.
(2) The matters mentioned in subsection (1) are in addition to any
other matters the court must take into account (for example, the
matters mentioned in subsection 16A(2) of the Crimes Act 1914).
272.31 Consent to commencement of proceedings where defendant
under 18
(1) Proceedings for an offence against this Division must not be
commenced without the consent of the Attorney-General if the
defendant was under 18 at the time he or she allegedly engaged in
the conduct constituting the offence.
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Chapter 8 Offences against humanity and related offences
Division 272 Child sex offences outside Australia
Section 272.31
140 Criminal Code Act 1995
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(2) However, a person may be arrested for, charged with, or remanded
in custody or on bail in connection with, such an offence before the
necessary consent has been given.
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Offences involving child pornography material or child abuse material outside Australia
Division 273
Section 273.1
Criminal Code Act 1995 141
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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.
(2) A reference in this Division to a person having possession or
control of material includes a reference to the person:
(a) having possession of a computer or data storage device that
holds or contains the material; or
(b) having possession of a document in which the material is
recorded; or
(c) having control of material held in a computer that is in the
possession of another person (whether inside or outside
Australia).
(3) A reference in this Division to a person producing, distributing or
obtaining material includes a reference to the person:
(a) producing, distributing or obtaining material held or
contained in a computer or data storage device; or
(b) producing, distributing or obtaining a document in which the
material is recorded.
(4) Section 473.4 applies in relation to this Division as if the reference
in that section to Part 10.6 were a reference to this Division.
Note: Section 473.4 sets out matters that may be taken into account in
deciding whether particular material is offensive.
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Division 273 Offences involving child pornography material or child abuse material
outside Australia
Section 273.2
142 Criminal Code Act 1995
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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:
(a) an Australian citizen; or
(b) a resident of Australia; or
(c) a body corporate incorporated by or under a law of the
Commonwealth or of a State or Territory; or
(d) any other body corporate that carries on its activities
principally in Australia.
273.2A Consent to commencement of proceedings where defendant
under 18
(1) Proceedings for an offence against this Division must not be
commenced without the consent of the Attorney-General if the
defendant was under 18 at the time he or she allegedly engaged in
the conduct constituting the offence.
(2) However, a person may be arrested for, charged with, or remanded
in custody or on bail in connection with, such an offence before the
necessary consent has been given.
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.
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Division 273
Section 273.5
Criminal Code Act 1995 143
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Note: Division 279 (video link evidence) applies to a proceeding for an
offence against this Division.
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:
(a) the person:
(i) has possession or control of material; or
(ii) produces, distributes or obtains material; or
(iii) facilitates the production or distribution of material; and
(b) the material is child pornography material; and
(c) the conduct referred to in paragraph (a) occurs outside
Australia.
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
(1) A person commits an offence if:
(a) the person:
(i) has possession or control of material; or
(ii) produces, distributes or obtains material; or
(iii) facilitates the production or distribution of material; and
(b) the material is child abuse material; and
(c) the conduct referred to in paragraph (a) occurs outside
Australia.
Penalty: Imprisonment for 15 years.
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Division 273 Offences involving child pornography material or child abuse material
outside Australia
Section 273.7
144 Criminal Code Act 1995
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(2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
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:
(a) the person commits an offence against either of the following
provisions on 3 or more separate occasions:
(i) section 273.5 (possessing etc. child pornography
material outside Australia);
(ii) section 273.6 (possessing etc. child abuse material
outside Australia); and
(b) the commission of each such offence involves 2 or more
people.
Penalty: Imprisonment for 25 years.
(2) There is no fault element for any of the physical elements
described in paragraph (1)(a) other than the fault elements
(however described), if any, for the offence against section 273.5
or 273.6.
(3) To avoid doubt, a person does not commit an offence against
section 273.5 or 273.6 for the purposes of paragraph (1)(a) if the
person has a defence to that offence.
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 273.5 or 273.6 in relation to the conduct
that constituted the aggravated offence.
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Division 273
Section 273.8
Criminal Code Act 1995 145
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(6) Subsection (5) does not prevent an alternative verdict under
section 273.8.
(7) A person who has been convicted or acquitted of an offence (the
underlying offence) against section 273.5 or 273.6 may not be
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:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of
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:
(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not
criminally responsible for the offence, the question whether the
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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outside Australia
Section 273.9
146 Criminal Code Act 1995
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(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:
(a) enforcing a law of the Commonwealth, a State or Territory,
or a foreign country; or
(b) monitoring compliance with, or investigating a contravention
of, a law of the Commonwealth, a State or Territory or a
foreign country; or
(c) the administration of justice (whether within or outside
Australia); or
(d) conducting scientific, medical or educational research.
(3) Paragraph (2)(d) only applies if the person’s conduct was, in all the
circumstances, reasonable having regard to the purpose mentioned
in that paragraph.
(4) A person is not criminally responsible for an offence against
section 273.5 or 273.6 if:
(a) the person is, at the time of the offence:
(i) a law enforcement officer; or
(ii) an intelligence or security officer; or
(iii) an officer or employee of the government of a foreign
country performing similar duties to an intelligence or
security officer; and
(b) the person is acting in the course of his or her duties; and
(c) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 eSafety Commissioner to detect:
(i) prohibited content (within the meaning of Schedule 7 to
the Broadcasting Services Act 1992); or
(ii) potential prohibited content (within the meaning of that
Schedule);
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Division 273
Section 273.9
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in the performance of the Commissioner’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
(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).
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Division 274 Torture
Section 274.1
148 Criminal Code Act 1995
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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:
(a) engages in conduct that inflicts severe physical or mental
pain or suffering on a person (the victim); and
(b) the conduct is engaged in:
(i) for the purpose of obtaining from the victim or from a
third person information or a confession; or
(ii) for the purpose of punishing the victim for an act which
the victim or a third person has committed or is
suspected of having committed; or
(iii) for the purpose of intimidating or coercing the victim or
a third person; or
(iv) for a purpose related to a purpose mentioned in
subparagraph (i), (ii) or (iii); and
(c) the perpetrator engages in the conduct:
(i) in the capacity of a public official; or
(ii) acting in an official capacity; or
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Section 274.3
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(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:
(a) engages in conduct that inflicts severe physical or mental
pain or suffering on a person; and
(b) the conduct is engaged in for any reason based on
discrimination of any kind; and
(c) the perpetrator engages in the conduct:
(i) in the capacity of a public official; or
(ii) acting in an official capacity; or
(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.
(4) Subsections (1) and (2) do not apply to conduct arising only from,
inherent in or incidental to lawful sanctions that are not
inconsistent with the Articles of 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).
(5) Section 15.4 (extended geographical jurisdiction—category D)
applies to an offence against subsection (1) or (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.
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Section 274.4
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(2) Even though a consent in accordance with subsection (1) has not
been given in relation to an offence against this Division:
(a) a person may be arrested for the offence, and a warrant for
the arrest of a person for the offence may be issued and
executed; and
(b) a person may be charged with the offence; and
(c) a person so charged may be remanded in custody or on bail;
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:
(a) the conduct constituting the offence was done out of
necessity arising from the existence of a state of war, a threat
of war, internal political instability, a public emergency or
any other exceptional circumstance; or
(b) in engaging in the conduct constituting the offence the
accused acted under orders of a superior officer or public
authority;
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.
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Section 274.6
Criminal Code Act 1995 151
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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.
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.
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Division 279 Video link evidence
Section 279.1
152 Criminal Code Act 1995
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Division 279—Video link evidence
279.1 Proceedings to which this Division applies
This Division applies to a proceeding for an offence against any of
the following Divisions of this Chapter:
(a) Division 270 (slavery and slavery-like offences);
(b) Division 271 (trafficking in persons);
(c) Division 272 (child sex offences outside Australia);
(d) Division 273 (offences involving child pornography material
or child abuse material outside Australia).
279.2 When court may take evidence by video link
In a proceeding, the court may, on application by a party to the
proceeding, direct that a witness give evidence by video link if:
(a) the witness will give the evidence from outside Australia;
and
(b) the witness is not a defendant in the proceeding; and
(c) the facilities required by section 279.3 are available or can
reasonably be made available; and
(d) the court is satisfied that attendance of the witness at the
court to give the evidence would:
(i) cause unreasonable expense or inconvenience; or
(ii) cause the witness psychological harm or unreasonable
distress; or
(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.
279.3 Technical requirements for video link
(1) A witness can give evidence under a direction only if:
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Section 279.4
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(a) the courtroom or other place in Australia where the court is
sitting (the Australian location); and
(b) the place where the evidence is given (the overseas location);
are equipped with video facilities that:
(c) enable appropriate persons at the Australian location to see
and hear the witness give the evidence; and
(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.
279.4 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.
279.5 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
courtroom or other place in Australia where the court is
sitting; or
(b) as follows:
(i) on behalf of the court and as directed by it;
(ii) by a person (whether an Australian official or not)
authorised by the court;
(iii) at the place where the witness is to give the evidence.
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Section 279.6
154 Criminal Code Act 1995
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279.6 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 Division.
279.7 Other laws about foreign evidence not affected
This Division does not prevent any other law about taking evidence
of a witness outside Australia from applying for the purposes of a
proceeding.
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Serious drug offences Part 9.1
Preliminary Division 300
Section 300.1
Criminal Code Act 1995 155
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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 (the TINDAPS
Convention).
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:
AFP Minister means the Minister administering the Australian
Federal Police Act 1979.
aggravated offence has the meaning given by section 310.4.
border controlled drug has the meaning given by section 301.4.
border controlled plant has the meaning given by section 301.5.
border controlled precursor has the meaning given by
section 301.6.
child means an individual who is under 18 years of age.
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Section 300.2
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commercial quantity of a serious drug, controlled precursor or
border controlled precursor has the meaning given by
section 301.10.
conceal a thing includes conceal or disguise:
(a) the nature, source or location of the thing; or
(b) any movement of the thing; or
(c) the rights of any person with respect to the thing; or
(d) the identity of any owner of the thing.
controlled drug has the meaning given by section 301.1.
controlled plant has the meaning given by section 301.2.
controlled precursor has the meaning given by section 301.3.
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.
determined, in relation to a serious drug, controlled precursor or
border controlled precursor, means:
(a) for a serious drug—determined by the AFP Minister under
section 301.13; or
(b) for a precursor—determined by the AFP Minister under
section 301.14.
drug analogue has the meaning given by section 301.9.
export includes take from Australia.
import, in relation to a substance, means import the substance into
Australia and includes:
(a) bring the substance into Australia; and
(b) deal with the substance in connection with its importation.
listed, in relation to a serious drug, means:
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(a) for a controlled drug—listed by a regulation made for the
purposes of paragraph 301.1(a); or
(b) for a controlled plant—listed by a regulation made for the
purposes of paragraph 301.2(a); or
(c) for a border controlled drug—listed by a regulation made for
the purposes of paragraph 301.4(a); or
(d) for a border controlled plant—listed by a regulation made for
the purposes of paragraph 301.5(a).
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 of a serious drug, controlled precursor or
border controlled precursor has the meaning given by
section 301.11.
possession of a thing includes the following:
(a) receiving or obtaining possession of the thing;
(b) having control over the disposition of the thing (whether or
not the thing is in the custody of the person);
(c) having joint possession of the thing.
pre-traffics has the meaning given by section 306.1.
procures an individual to pre-traffic has the meaning given by
section 309.9.
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:
(a) barter or exchange;
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(b) agree to sell.
serious drug means one of the following:
(a) a controlled drug;
(b) a controlled plant;
(c) a border controlled drug;
(d) a border controlled plant.
supply includes the following:
(a) supply, whether or not by way of sale;
(b) agree to supply.
taking, in relation to a substance or plant, means taking the
substance or plant, or a product of the plant, into the body.
TINDAPS Convention has the meaning given by section 300.1.
trafficable quantity of a controlled drug, or a controlled plant, has
the meaning given by section 301.12.
traffics has the meaning given by section 302.1.
transport includes deliver.
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.
(2) Without limiting subsection (1), this Part is not intended to exclude
or limit the concurrent operation of a law of a State or Territory
that makes:
(a) an act or omission that is an offence against a provision of
this Part; or
(b) a similar act or omission;
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an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does
any one or more of the following:
(a) provides for a penalty for the offence that differs from the
penalty provided for in this Part;
(b) provides for a fault element in relation to the offence that
differs from the fault elements applicable to the offence
under this Part;
(c) provides for a defence in relation to the offence that differs
from the defences applicable to the offence under this Part.
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.
Note: This section applies to a prosecution of an ancillary offence relating to
this Part as well as to prosecution of a primary offence against this
Part. This is because of:
(a) sections 11.2, 11.2A and 11.3 (which treat certain combinations of physical and fault elements relating to this Part as being offences against this Part); and
(b) section 11.6 (which has the effect that a reference to an offence against this Part includes a reference to an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) that relates to this Part).
300.6 Recklessness as to nature of substance or plant sufficient for
offence of attempt to commit an offence against this Part
Despite subsection 11.1(3), for the offence of attempting to commit
an offence against this Part, recklessness is the fault element in
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Section 300.6
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relation to any of the following physical elements of the offence
attempted:
(a) that a substance is a controlled drug (a physical element of an
offence against Division 302 or 305 or section 308.1, 309.2,
309.3, 309.4, 309.7 or 309.8);
(b) that a plant is a controlled plant (a physical element of an
offence against Division 303 or 304);
(c) that a substance is a controlled precursor (a physical element
of an offence against Division 306 or section 308.2, 309.10
or 309.11);
(d) that a substance is a border controlled drug or border
controlled plant (a physical element of an offence against
Subdivision A, B or C of Division 307 or section 309.12 or
309.13);
(e) that a substance is a border controlled precursor (a physical
element of an offence against Subdivision D of Division 307
or section 309.14 or 309.15).
Note: Proof of intention, knowledge or recklessness will satisfy a fault
element of recklessness: see subsection 5.4(4).
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Division 301—Serious drugs and precursors
Subdivision A—Serious drugs and precursors: definitions
301.1 Meaning of controlled drug
(1) For the purposes of this Part, a controlled drug is a substance,
other than a growing plant, that is:
(a) listed by a regulation as a controlled drug; or
(b) a drug analogue of a listed controlled drug; or
(c) determined by the AFP Minister as a controlled drug under
section 301.13 (which deals with emergency determinations
of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (1)(a) (see section 301.7); or
(b) a determination can be made for paragraph (1)(c) (see subsection 301.13(2)).
(2) The purpose of subsection (1) is to permit certain substances that
are covered by the TINDAPS Convention, or drug analogues of
such substances, to be treated as controlled drugs for the purposes
of this Part (see also section 300.1).
Note: For the meaning of drug analogue, see section 301.9.
301.2 Meaning of controlled plant
(1) For the purposes of this Part, a controlled plant is a growing plant
that is:
(a) listed by a regulation as a controlled plant; or
(b) determined by the AFP Minister as a controlled plant under
section 301.13 (which deals with emergency determinations
of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (1)(a) (see section 301.7); or
(b) a determination can be made for paragraph (1)(b) (see subsection 301.13(2)).
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(2) The purpose of subsection (1) is to permit growing plants that are
covered by the TINDAPS Convention to be treated as controlled
plants for the purposes of this Part (see also section 300.1).
301.3 Meaning of controlled precursor
(1) For the purposes of this Part, a controlled precursor is a substance
(including a growing plant) that is:
(a) listed by a regulation as a controlled precursor; or
(b) a salt or ester of a controlled precursor that is so listed; or
(c) determined by the AFP Minister as a controlled precursor
under section 301.14 (which deals with emergency
determinations of serious drug precursors).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.8); or
(b) a determination can be made for paragraph (c) (see subsection 301.14(2)).
(2) The purpose of subsection (1) is to permit certain substances that
are covered by the TINDAPS Convention, or salts or esters of such
substances, to be treated as controlled precursors for the purposes
of this Part (see also section 300.1).
301.4 Meaning of border controlled drug
For the purposes of this Part, a border controlled drug is a
substance, other than a growing plant, that is:
(a) listed by a regulation as a border controlled drug; or
(b) a drug analogue of a listed border controlled drug; or
(c) determined by the AFP Minister as a border controlled drug
under section 301.13 (which deals with emergency
determinations of serious drugs).
Note 1: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.7); or
(b) a determination can be made for paragraph (c) (see subsection 301.8(2)).
Note 2: For the meaning of drug analogue, see section 301.9.
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301.5 Meaning of border controlled plant
For the purposes of this Part, a border controlled plant is a
growing plant:
(a) listed by a regulation as a border controlled plant; or
(b) determined by the AFP Minister as a border controlled plant
under section 301.13 (which deals with emergency
determinations of serious drugs).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.7); or
(b) a determination can be made for paragraph (b) (see subsection 301.13(2)).
301.6 Meaning of border controlled precursor
(1) For the purposes of this Part, a border controlled precursor is a
substance (including a growing plant) that is:
(a) listed by a regulation as a border controlled precursor; or
(b) a salt or ester of a precursor that is so listed; or
(c) an immediate precursor of a precursor that is so listed; or
(d) determined by the AFP Minister as a border controlled
precursor under section 301.14 (which deals with emergency
determinations of serious drug precursors).
Note: Some conditions must be satisfied before:
(a) a regulation can be made for paragraph (a) (see section 301.8); or
(b) a determination can be made for paragraph (d) (see subsection 301.14(2)).
(2) In this section:
immediate precursor of a precursor listed for the purposes of
paragraph (1)(a) means a chemical or compound (other than
another precursor that is so listed) that is an immediate precursor in
the manufacture by a chemical process of the listed precursor.
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301.7 Serious drugs—conditions for listing by regulation
Before a regulation is made listing a substance or plant as a serious
drug for the purposes of this Part, the AFP Minister must be
satisfied that:
(a) the substance or plant is likely to be taken without
appropriate medical supervision; and
(b) one or more of the following conditions is met:
(i) taking the substance or plant would create a risk of
death or serious harm;
(ii) taking the substance or plant would have a physical or
mental effect substantially similar to that caused by
taking a serious drug that is already listed;
(iii) the substance or plant has the capacity to cause
physiological dependence;
(iv) possession or conduct in relation to the substance or
plant is proscribed under a law of a State, a Territory or
a foreign country that has purposes similar to those of
this Part;
(v) the substance or plant poses a substantial risk to the
health or safety of the public.
301.8 Serious drug precursors—conditions for listing by regulation
Before a regulation is made listing a substance as a controlled
precursor or a border controlled precursor, the AFP Minister must
be satisfied that there is a risk that the substance will be used to
unlawfully manufacture a controlled drug (other than a determined
controlled drug).
301.9 Meaning of drug analogue
(1) For the purposes of this Part, a substance is a drug analogue of a
listed controlled drug, or a listed border controlled drug, if the
substance is any of the following in relation to the listed drug (or in
relation to a primary analogue of the listed drug), however the
substance is obtained:
(a) one of the following (a primary analogue):
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(i) a stereoisomer;
(ii) a structural isomer having the same constituent groups;
(iii) an alkaloid;
(c) a structural modification obtained in one or more of the
following ways:
(i) by the replacement of up to 2 carbocyclic or
heterocyclic ring structures with different carbocyclic or
heterocyclic ring structures;
(ii) by the addition of hydrogen atoms to one or more
unsaturated bonds;
(iii) by the replacement of one or more of the groups or
atoms specified in subsection (2) with one or more of
the other groups or atoms specified in that subsection;
(iv) by the conversion of a carboxyl or an ester group into an
amide group;
(d) any other homologue, analogue, chemical derivative or
substance substantially similar in chemical structure.
(2) The following groups and atoms are specified:
(a) alkoxy, cyclic diether, acyl, acyloxy, mono-amino or
dialkylamino groups with up to 6 carbon atoms in any alkyl
residue;
(b) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in
the group, where the group is attached to oxygen (for
example, an ester or an ether group), nitrogen, sulphur or
carbon;
(c) halogen, hydroxy, nitro or amino groups;
(d) hydrogen atoms.
(3) However:
(a) a drug analogue of a listed controlled drug does not include a
substance that is itself a listed controlled drug; and
(b) a drug analogue of a listed border controlled drug does not
include a substance that is itself a listed border controlled
drug.
(4) In this section:
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addition has its ordinary meaning.
replacement has its ordinary meaning.
Subdivision B—Serious drugs and precursors: commercial,
marketable and trafficable quantities
301.10 Meaning of commercial quantity
For the purposes of this Part, a commercial quantity of a serious
drug, controlled precursor or border controlled precursor is a
quantity not less than that provided by the following table:
Commercial quantities of serious drugs and precursors
Item Serious drug or
precursor
Commercial quantity (minimum)
1 A serious drug (other
than a drug analogue),
controlled precursor or
border controlled
precursor
Either:
(a) the quantity listed as a commercial quantity of
the drug or precursor in a regulation made for
the purposes of this section; or
(b) the quantity determined as a commercial
quantity of the drug or precursor by the AFP
Minister under section 301.15 (which deals
with emergency determinations of quantities).
2 A drug analogue of 1
or more listed
controlled drugs
Either:
(a) for a drug analogue of a single listed
controlled drug—the commercial quantity of
the listed drug; or
(b) for a drug analogue of 2 or more listed
controlled drugs—the smallest commercial
quantity of any of the listed drugs.
3 A drug analogue of 1
or more listed border
controlled drugs
Either:
(a) for a drug analogue of a single listed border
controlled drug—the commercial quantity of
the listed drug; or
(b) for a drug analogue of 2 or more listed border
controlled drugs—the smallest commercial
quantity of any of the listed drugs.
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Note: A drug analogue of a listed controlled drug, or a listed border
controlled drug, is itself a controlled drug or border controlled drug
(see paragraphs 301.1(b) and 301.4(b), and the definition of drug
analogue in section 301.9).
301.11 Meaning of marketable quantity
For the purposes of this Part, a marketable quantity of a serious
drug, controlled precursor or border controlled precursor is a
quantity not less than that provided by the following table:
Marketable quantities of serious drugs and precursors
Item Serious drug or
precursor
Marketable quantity (minimum)
1 A serious drug (other
than a drug analogue),
controlled precursor or
border controlled
precursor
Either:
(a) the quantity listed as a marketable quantity of
the drug or precursor in a regulation made for
the purposes of this section; or
(b) the quantity determined as a marketable
quantity of the drug or precursor by the AFP
Minister under section 301.15 (which deals
with emergency determinations of quantities).
2 A drug analogue of 1
or more listed
controlled drugs
Either:
(a) for a drug analogue of a single listed
controlled drug—the marketable quantity of
the listed drug; or
(b) for a drug analogue of 2 or more listed
controlled drugs—the smallest marketable
quantity of any of the listed drugs.
3 A drug analogue of 1
or more listed border
controlled drugs
Either:
(a) for a drug analogue of a single listed border
controlled drug—the marketable quantity of
the listed drug; or
(b) for a drug analogue of 2 or more listed border
controlled drugs—the smallest marketable
quantity of any of the listed drugs.
Note: A drug analogue of a listed controlled drug, or a listed border
controlled drug, is itself a controlled drug or border controlled drug
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(see paragraphs 301.1(b) and 301.4(b), and the definition of drug
analogue in section 301.9).
301.12 Meaning of trafficable quantity
For the purposes of this Part, a trafficable quantity of a controlled
drug or a controlled plant is a quantity not less than that provided
by the following table:
Trafficable quantities of controlled drugs and plants
Item Controlled drug or
plant
Trafficable quantity (minimum)
1 A controlled drug
(other than a drug
analogue) or a
controlled plant
Either:
(a) the quantity listed as a trafficable quantity of
the drug or plant in a regulation made for the
purposes of this section; or
(b) the quantity determined as a trafficable
quantity of the drug or plant by the AFP
Minister under section 301.15 (which deals
with emergency determinations of quantities).
2 A drug analogue of 1
or more listed
controlled drugs
Either:
(a) for a drug analogue of a single listed
controlled drug—the trafficable quantity of
the listed drug; or
(b) for a drug analogue of 2 or more listed
controlled drugs—the smallest trafficable
quantity of any of the listed drugs.
Note: A drug analogue of a listed controlled drug is itself a controlled drug
(see paragraph 301.1(b) and the definition of drug analogue in
section 301.9).
Subdivision C—Serious drugs and precursors: emergency
determinations
301.13 Emergency determinations—serious drugs
(1) The AFP Minister may, by legislative instrument, determine that:
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(a) a substance, other than a growing plant, is a controlled drug
or a border controlled drug; or
(b) a growing plant is a controlled plant or a border controlled
plant.
(2) The AFP Minister must not make a determination under
subsection (1) unless he or she is satisfied:
(a) that there is an imminent and substantial risk that the
substance or plant will be taken without appropriate medical
supervision; and
(b) one or more of the following conditions is met:
(i) taking the substance or plant may create a risk of death
or serious harm;
(ii) taking the substance or plant may have a physical or
mental effect substantially similar to that caused by
taking a listed serious drug;
(iii) there is limited or no known lawful use of the substance
or plant in Australia, and the substance or plant has been
found by a public official in the course of the
performance of the official’s duties;
(iv) the substance or plant may pose a substantial risk to the
health or safety of the public.
(3) The AFP Minister must not make more than one determination
under this section in relation to a particular substance or plant.
301.14 Emergency determinations—serious drug precursors
(1) The AFP Minister may, by legislative instrument, determine that a
substance (including a growing plant) is a controlled precursor or a
border controlled precursor.
(2) The AFP Minister must not make a determination under
subsection (1) unless he or she is satisfied that there is an imminent
and substantial risk that the substance will be used to unlawfully
manufacture a controlled drug.
(3) The AFP Minister must not make more than one determination
under this section in relation to a particular substance or plant.
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301.15 Emergency determinations—commercial, marketable and
trafficable quantities
(1) The AFP Minister may, by legislative instrument, determine:
(a) a quantity of a serious drug as a commercial or marketable
quantity of the drug; or
(b) a quantity of a controlled drug or a controlled plant as a
trafficable quantity of the drug or plant; or
(c) a quantity of a controlled precursor or a border controlled
precursor as a commercial or marketable quantity of the
precursor.
(2) However, the AFP Minister may only make a determination of a
commercial, marketable or trafficable quantity of a serious drug,
controlled precursor or border controlled precursor under
subsection (1) if there is no regulation currently in force listing
such a quantity of the drug or precursor.
Note: The definitions of commercial quantity, marketable quantity and
trafficable quantity in Subdivision B allow for regulations to list such
quantities of serious drugs and precursors.
301.16 Emergency determinations—effectiveness
(1) A determination under this Subdivision in relation to a substance
(including a growing plant) or a quantity of such a substance has
effect:
(a) from the time the determination is registered (within the
meaning of the Legislation Act 2003); and
(b) for the period of 12 months from that registration, or such
shorter period as is specified in the determination, as
extended (if at all) under subsection (2).
(2) If exceptional circumstances prevent the listing (by regulation) of
the substance or quantity, to the same effect, the AFP Minister
may, by legislative instrument, extend the period during which the
determination is in force by a further period or periods.
(3) The AFP Minister must not extend the period under subsection (2)
with the effect that the determination would stay in force for longer
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than 18 months after the time the determination is registered
(within the meaning of the Legislation Act 2003).
(4) A determination made under this Subdivision has no effect to the
extent that it is inconsistent with a regulation made for the
purposes of Subdivision A.
301.17 Emergency determinations—publication
(1) The AFP Minister must, on or before the day on which a
determination under this Subdivision is registered (within the
meaning of the Legislation Act 2003):
(a) make a public announcement of the determination; and
(b) cause a copy of the announcement to be published:
(i) on the internet; and
(ii) in a newspaper circulating in each State, the Australian
Capital Territory and the Northern Territory.
(2) An announcement made under subsection (1) is not a legislative
instrument.
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Section 302.1
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Division 302—Trafficking controlled drugs
302.1 Meaning of traffics
(1) For the purposes of this Part, a person traffics in a substance if:
(a) the person sells the substance; or
(b) the person prepares the substance for supply with the
intention of selling any of it or believing that another person
intends to sell any of it; or
(c) the person transports the substance with the intention of
selling any of it or believing that another person intends to
sell any of it; or
(d) the person guards or conceals the substance with the
intention of selling any of it or assisting another person to
sell any of it; or
(e) the person possesses the substance with the intention of
selling any of it.
(2) For the purposes of paragraph (1)(b), preparing a substance for
supply includes packaging the substance or separating the
substance into discrete units.
302.2 Trafficking commercial quantities of controlled drugs
(1) A person commits an offence if:
(a) the person traffics in a substance; and
(b) the substance is a controlled drug; and
(c) the quantity trafficked is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in
paragraph (1)(c).
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302.3 Trafficking marketable quantities of controlled drugs
(1) A person commits an offence if:
(a) the person traffics in a substance; and
(b) the substance is a controlled drug; and
(c) the quantity trafficked is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person traffics in a substance; and
(b) the substance is a controlled drug.
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:
(a) prepared a trafficable quantity of a substance for supply; or
(b) transported a trafficable quantity of a substance; or
(c) guarded or concealed a trafficable quantity of a substance; or
(d) possessed a trafficable quantity of a substance;
the person is taken to have had the necessary intention or belief
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:
(a) an offence against this Division because of the operation of
section 11.2 or 11.2A; or
(b) an offence against section 11.4 or 11.5 that relates to an
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)).
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Section 303.1
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Division 303—Commercial cultivation of controlled plants
303.1 Meanings of cultivate and cultivates a plant
(1) For the purposes of this Part, cultivate includes the following:
(a) plant a seed, seedling or cutting;
(b) transplant a plant;
(c) nurture, tend or grow a plant;
(d) guard or conceal a plant (including against interference or
discovery by humans or natural predators);
(e) harvest a plant, pick any part of a plant or separate any resin
or other substance from a plant.
(2) For the purposes of this Part, a person cultivates a plant if the
person:
(a) engages in its cultivation; or
(b) exercises control or direction over its cultivation; or
(c) provides finance for its cultivation.
303.2 Meaning of product of a plant
For the purposes of this Part, the product of a plant includes the
following:
(a) a seed of the plant;
(b) a part of the plant (whether alive or dead);
(c) a substance separated from the plant.
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:
(a) with the intention of selling any of it or its products; or
(b) believing that another person intends to sell any of it or its
products.
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Section 303.4
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303.4 Cultivating commercial quantities of controlled plants
(1) A person commits an offence if:
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant; and
(c) the quantity cultivated is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant; and
(c) the quantity cultivated is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant.
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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303.7 Presumption where trafficable quantities are involved
(1) For the purposes of proving an offence against this Division, if a
person has cultivated a trafficable quantity of a plant, the person is
taken to have had the necessary intention or belief concerning the
sale of the plant to have been cultivating the plant for a commercial
purpose.
(2) Subsection (1) does not apply if the person proves that he or she
had neither that intention nor belief.
Note: A defendant bears a legal burden in relation to the matters in
subsection (2) (see section 13.4).
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Section 304.1
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Division 304—Selling controlled plants
304.1 Selling commercial quantities of controlled plants
(1) A person commits an offence if:
(a) the person sells a plant; and
(b) the plant is a controlled plant; and
(c) the quantity sold is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person sells a plant; and
(b) the plant is a controlled plant; and
(c) the quantity sold is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person sells a plant; and
(b) the plant is a controlled plant.
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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
Section 305.1
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Division 305—Commercial manufacture of controlled drugs
305.1 Meanings of manufacture and manufactures a substance
(1) For the purposes of this Part, manufacture means:
(a) any process by which a substance is produced (other than the
cultivation of a plant), and includes the following:
(i) the process of extracting or refining a substance;
(ii) the process of transforming a substance into a different
substance; or
(b) any process by which a substance is converted from one form
to another, including the process of extracting or refining a
substance.
(2) For the purposes of this Part, a person manufactures a substance
if the person:
(a) engages in its manufacture; or
(b) exercises control or direction over its manufacture; or
(c) provides finance for its manufacture.
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:
(a) with the intention of selling any of it; or
(b) believing that another person intends to sell any of it.
305.3 Manufacturing commercial quantities of controlled drugs
(1) A person commits an offence if:
(a) the person manufactures a substance for a commercial
purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
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Section 305.4
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(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person manufactures a substance for a commercial
purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured is a marketable quantity.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 28
years or 5,600 penalty units, or both; or
(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(2).
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person manufactures a substance for a commercial
purpose; and
(b) the substance is a controlled drug.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 12
years or 2,400 penalty units, or both; or
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Section 305.6
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(b) in any other case—imprisonment for 10 years or 2,000
penalty units, or both.
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.
305.6 Presumption where trafficable quantities are involved
(1) For the purposes of proving an offence against this Division, if a
person has manufactured a trafficable quantity of a substance, the
person is taken to have had the necessary intention or belief
concerning the sale of the substance to have been manufacturing
the substance for a commercial purpose.
(2) Subsection (1) does not apply if the person proves that he or she
had neither that intention nor belief.
Note: A defendant bears a legal burden in relation to the matters in
subsection (2) (see section 13.4).
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Section 306.1
Criminal Code Act 1995 183
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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:
(a) sells the substance believing that the person to whom it is
sold, or another person, intends to use any of the substance to
manufacture a controlled drug; or
(b) manufactures the substance:
(i) with the intention of using any of it to manufacture a
controlled drug; and
(ii) with the intention of selling any of the drug so
manufactured, or believing that another person intends
to sell any of the drug so manufactured; or
(c) manufactures the substance:
(i) with the intention of selling any of it to another person;
and
(ii) believing that the other person intends to use any of the
substance to manufacture a controlled drug; or
(d) possesses the substance:
(i) with the intention of using any of it to manufacture a
controlled drug; and
(ii) with the intention of selling any of the drug so
manufactured, or believing that another person intends
to sell any of the drug so manufactured.
306.2 Pre-trafficking commercial quantities of controlled precursors
(1) A person commits an offence if:
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre-trafficked is a commercial quantity.
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).
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor; and
(c) the quantity pre-trafficked is a marketable quantity.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 17
years or 3,400 penalty units, or both; or
(b) in any other case—imprisonment for 15 years or 3,000
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.
(3) Absolute liability applies to paragraph (1)(c).
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:
(a) the person pre-traffics in a substance; and
(b) the substance is a controlled precursor.
Penalty:
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(a) in the case of an aggravated offence—imprisonment for 9
years or 1,800 penalty units, or both; or
(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:
(a) a person has sold a substance; and
(b) a law of the Commonwealth or of a State or Territory
required the sale to be authorised (however described); and
(c) the sale was not so authorised;
the person is taken to have sold the substance believing that the
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:
(a) a person has manufactured a substance; and
(b) a law of the Commonwealth or of a State or Territory
required the manufacture to be authorised (however
described); and
(c) the manufacture was not so authorised;
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the person is taken to have manufactured the substance with the
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).
(3) For the purposes of proving an offence against subsection 306.4(1),
if a person has manufactured a marketable quantity of a substance
with the intention of using some or all of it to manufacture a
controlled drug, the person is taken to have done so with the
intention of selling some or all of the drug so manufactured, or
believing that another person intended to sell some or all of the
drug so manufactured.
(4) Subsection (3) does not apply if the person proves that he or she
had neither that intention nor belief.
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
(1) For the purposes of proving an offence against subsection 306.4(1),
if a person has manufactured a marketable quantity of a substance,
the person is taken to have done so with the intention of selling
some or all of it to another person.
(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 subsection 306.4(1),
if:
(a) a person has manufactured a substance with the intention of
selling some or all of it to another person; and
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(b) a law of the Commonwealth or of a State or Territory
required the manufacture to be authorised (however
described); and
(c) the manufacture was not so authorised;
the person is taken to have manufactured the substance believing
that the other person intended 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).
306.8 Presumptions for pre-trafficking controlled precursors—
possession
(1) For the purposes of proving an offence against subsection 306.4(1),
if:
(a) a person possessed a substance; and
(b) a law of the Commonwealth or of a State or Territory
required the possession to be authorised (however described);
and
(c) the possession was not so authorised;
the person is taken to have possessed the substance with the
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).
(3) For the purposes of proving an offence against subsection 306.4(1),
if a person possessed a marketable quantity of a substance with the
intention of using some or all of it to manufacture a controlled
drug, the person is taken to have done so with the intention of
selling some or all of the drug so manufactured, or believing that
another person intended to sell some or all of the drug so
manufactured.
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Section 306.8
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(4) Subsection (3) does not apply if the person proves that he or she
had neither that intention nor belief.
Note: A defendant bears a legal burden in relation to the matters in
subsection (4) (see section 13.4).
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Section 307.1
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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
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled
plant; and
(c) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
307.2 Importing and exporting marketable quantities of border
controlled drugs or border controlled plants
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled
plant; and
(c) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
(4) Subsection (1) does not apply if the person proves that he or she
neither intended, nor believed that another person intended, to sell
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Section 307.3
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any of the border controlled drug or any of the border controlled
plant or its products.
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:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled
plant.
Penalty: Imprisonment for 10 years or 2,000 penalty units, or
both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) 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: 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:
(a) the person imports or exports a substance; and
(b) the substance is a border controlled drug or border controlled
plant, other than a determined border controlled drug or a
determined border controlled plant.
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
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant; and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she
did not know that the border controlled drug or border controlled
plant was unlawfully imported.
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:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant; and
(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
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(3) The fault element for paragraph (1)(c) is recklessness.
(4) 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.
(5) Subsection (1) does not apply if the person proves that he or she
did not know that the border controlled drug or border controlled
plant was unlawfully imported.
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:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant, other than a determined border controlled drug or a
determined border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) Absolute liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that he or she
did not know that the border controlled drug or border controlled
plant was unlawfully imported.
Note: A defendant bears a legal burden in relation to the matter in
subsection (4) (see section 13.4).
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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:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been
unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant; and
(d) the quantity possessed is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) 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 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:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been
unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant; and
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(d) the quantity possessed is a marketable quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Absolute liability applies to paragraphs (1)(b) and (d).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) 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.
(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:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been
unlawfully imported; and
(c) the substance is a border controlled drug or border controlled
plant, other than a determined border controlled drug or a
determined border controlled plant.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) Absolute liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) Subsection (1) does not apply if the person proves that the border
controlled drug or border controlled plant was not unlawfully
imported.
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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:
(a) the person imports or exports a substance; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a commercial quantity.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) Absolute liability applies to paragraph (1)(d).
307.12 Importing and exporting marketable quantities of border
controlled precursors
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
(c) the substance is a border controlled precursor; and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or
both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) Absolute liability applies to paragraph (1)(d).
307.13 Importing and exporting border controlled precursors
(1) A person commits an offence if:
(a) the person imports or exports a substance; and
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(c) the substance is a border controlled precursor.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
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Section 308.1
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Division 308—Possession offences
308.1 Possessing controlled drugs
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is a controlled drug, other than a determined
controlled drug.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) If:
(a) a person is charged with, or convicted of, an offence against
subsection (1); and
(b) the offence is alleged to have been, or was, committed in a
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.
(4) However, a person punished under subsection (3) must not be:
(a) sentenced to a period of imprisonment that exceeds the
period set out in subsection (1); or
(b) fined an amount that exceeds the amount set out in
subsection (1).
(5) Subsection (3) does not limit:
(a) Part 1B of the Crimes Act 1914; or
(b) section 68 or 79 of the Judiciary Act 1903; or
(c) any other law that provides for a law of a State or Territory to
apply in relation to the exercise of federal jurisdiction.
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Part 9.1 Serious drug offences
Division 308 Possession offences
Section 308.2
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308.2 Possessing controlled precursors
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the person intends to use any of the substance to manufacture
a controlled drug; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) For the purposes of proving an offence against subsection (1), if:
(a) a person possessed a substance; and
(b) a law of the Commonwealth or of a State or Territory
required the possession to be authorised (however described);
and
(c) the possession was not so authorised;
the person is taken to have possessed the substance with the
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:
(a) the person possesses a plant, a product of a plant, any
equipment or any document containing instructions for
growing a plant; and
(b) the person intends to use the plant, product, equipment or
document to cultivate a controlled plant; and
(c) the person intends to sell, or believes that another person
intends to sell, any of the plant so cultivated or any of its
products.
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Possession offences Division 308
Section 308.4
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Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
308.4 Possessing substance, equipment or instructions for
commercial manufacture of controlled drugs
(1) A person commits an offence if:
(a) the person possesses any substance (other than a controlled
precursor), any equipment or any document containing
instructions for manufacturing a controlled drug; and
(b) the person intends to use the substance, equipment or
document to manufacture a controlled drug; and
(c) the person intends to sell, or believes that another person
intends to sell, any of the drug so manufactured.
Penalty: Imprisonment for 7 years or 1,400 penalty units, or both.
(2) For the purposes of proving an offence against subsection (1), if:
(a) a person possessed a tablet press; and
(b) a law of the Commonwealth or of a State or Territory
required the possession to be authorised (however described);
and
(c) the possession was not so authorised;
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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Part 9.1 Serious drug offences
Division 309 Drug offences involving children
Section 309.1
200 Criminal Code Act 1995
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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:
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug.
Penalty: Imprisonment for 15 years or 3,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
309.3 Supplying marketable quantities of controlled drugs to
children for trafficking
(1) A person commits an offence if:
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity supplied is a marketable quantity; and
(e) the person supplies the controlled drug believing that the
child intends to sell any of it.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
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(3) The fault element for paragraph (1)(c) is recklessness.
(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:
(a) the person supplies a substance to an individual; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the person supplies the controlled drug believing that the
child intends to sell any of it.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
309.5 Presumption where trafficable quantities are involved
(1) For the purposes of proving an offence against section 309.3 or
309.4, if a person has supplied a trafficable quantity of a substance
to a child, the person is taken to have done so believing that the
child intended to sell some or all of it.
(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).
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:
(a) the person procures the individual to sell the substance; or
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Division 309 Drug offences involving children
Section 309.7
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(b) the person, with the intention of selling any of the substance
or believing that another person intends to sell any of the
substance, procures the individual to prepare the substance
for supply or to transport the substance; or
(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
(1) A person commits an offence if:
(a) the person procures an individual to traffic in a quantity of a
substance; and
(b) the individual is a child; and
(c) the substance is a controlled drug; and
(d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(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).
309.8 Procuring children for trafficking controlled drugs
(1) A person commits an offence if:
(a) the person procures an individual to traffic in a substance;
and
(b) the individual is a child; and
(c) the substance is a controlled drug.
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Section 309.9
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Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
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
(1) A person commits an offence if:
(a) the person procures an individual to pre-traffic in a quantity
of a substance; and
(b) the individual is a child; and
(c) the substance is a controlled precursor; and
(d) the quantity is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(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).
309.11 Procuring children for pre-trafficking controlled precursors
(1) A person commits an offence if:
(a) the person procures an individual to pre-traffic in a
substance; and
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Part 9.1 Serious drug offences
Division 309 Drug offences involving children
Section 309.12
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(b) the individual is a child; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
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:
(a) the person procures an individual to import or export a
substance; and
(b) the individual is a child; and
(c) the substance is a border controlled drug or border controlled
plant; and
(d) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(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).
(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
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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:
(a) the person procures an individual to import or export a
substance; and
(b) the individual is a child; and
(c) the substance is a border controlled drug or border controlled
plant.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(b).
(3) The fault element for paragraph (1)(c) is recklessness.
(4) 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 (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:
(a) the person procures an individual to import or export a
substance; and
(b) either or both of the following apply:
(i) the person intends to use any of the substance to
manufacture a controlled drug;
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Division 309 Drug offences involving children
Section 309.15
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(ii) the person believes that another person intends to use
any of the substance to manufacture a controlled drug;
and
(c) the individual is a child; and
(d) the substance is a border controlled precursor; and
(e) the quantity imported or exported is a marketable quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
(3) The fault element for paragraph (1)(d) is recklessness.
(4) Absolute liability applies to paragraph (1)(e).
Note: Section 313.4 provides a partial defence in relation to the matter in
paragraph (1)(e).
(5) Subsection (1) does not apply if:
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed
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 (5) (see section 13.4).
309.15 Procuring children for importing or exporting border
controlled precursors
(1) A person commits an offence if:
(a) the person procures an individual to import or export a
substance; and
(b) either or both of the following apply:
(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
(c) the individual is a child; and
(d) the substance is a border controlled precursor.
Penalty: Imprisonment for 25 years or 5,000 penalty units, or
both.
(2) Strict liability applies to paragraph (1)(c).
(3) The fault element for paragraph (1)(d) is recklessness.
(4) Subsection (1) does not apply if:
(a) in relation to conduct covered by subparagraph (1)(b)(i)—the
person proves that he or she neither intended, nor believed
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).
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Part 9.1 Serious drug offences
Division 310 Harm and danger to children under 14 from serious drug offences
Section 310.1
208 Criminal Code Act 1995
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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:
(a) the person engages in conduct; and
(b) the conduct gives rise to a danger of serious harm to an
individual; and
(c) the individual is under 14 years of age; and
(d) the danger exists because the individual is exposed to the
manufacture of a controlled drug or a controlled precursor;
and
(e) the manufacture is an offence against this Part, or would be
an offence against this Part if the manufacture were for a
commercial purpose (see section 305.2).
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.
(2) Strict liability applies to paragraphs (1)(c) and (e).
(3) For the purposes of subsection (1), if a person’s conduct exposes
another person to the risk of catching a disease that may give rise
to a danger of serious harm to the other person, the conduct is
taken to give rise to a danger of serious harm to the other person.
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Section 310.3
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(4) For the purposes of subsection (1), a person’s conduct gives rise to
a danger of serious harm if the conduct is ordinarily capable of
creating a real, and not merely a theoretical, danger of serious
harm.
(5) For the purposes of subsection (1), a person’s conduct may give
rise to a danger of serious harm whatever the statistical or
arithmetical calculation of the degree of risk of serious harm
involved.
(6) In a prosecution for an offence against subsection (1), it is not
necessary to prove:
(a) that a person was actually placed in danger of serious harm
by the conduct concerned; or
(b) that a particular person committed the offence mentioned in
paragraph (1)(e).
(7) If, in a prosecution for an offence against subsection (1), the
conduct of the defendant for the purposes of paragraph (1)(a) is
alleged to be an omission, the fault element for that omission is
recklessness.
310.3 Harm from exposure to unlawful manufacturing
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes harm to an individual; and
(c) the individual is under 14 years of age; and
(d) the harm is caused because the individual is exposed to the
manufacture of a controlled drug or a controlled precursor;
and
(e) the manufacture is an offence against this Part, or would be
an offence against this Part if the manufacture were for a
commercial purpose (see section 305.2).
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.
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Part 9.1 Serious drug offences
Division 310 Harm and danger to children under 14 from serious drug offences
Section 310.4
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(2) Strict liability applies to paragraphs (1)(c) and (e).
(3) In a prosecution for an offence against subsection (1), it is not
necessary to prove that a particular person committed the offence
mentioned in paragraph (1)(e).
(4) If, in a prosecution for an offence against subsection (1), the
conduct of the defendant for the purposes of paragraph (1)(a) is
alleged to be an omission, the fault element for that omission is
recklessness.
310.4 Aggravated offences—manufacturing controlled drugs and
controlled precursors
(1) If the prosecution intends to prove an aggravated offence, the
charge must allege the relevant aggravated offence.
(2) For the purposes of this Part, an offence against section 305.4 or
305.5 is an aggravated offence if:
(a) the commission of the offence exposes an individual to the
manufacture of a controlled drug; and
(b) the individual is under 14 years of age.
(3) For the purposes of this Part, an offence against section 306.2,
306.3 or 306.4 is an aggravated offence if:
(a) the commission of the offence exposes an individual to:
(i) a controlled precursor intended to be used for the
manufacture of a controlled drug; or
(ii) the manufacture of a controlled precursor; and
(b) the individual is under 14 years of age.
(4) The fault element for paragraphs (2)(a) and (3)(a) is recklessness.
(5) Strict liability applies to paragraphs (2)(b) and (3)(b).
(6) Subsections (2) and (3) do not apply if the commission of the
offence does not give rise to a danger of harm to the individual.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (6) (see subsection 13.3(3)).
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(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.
(8) For the purposes of this section, the commission of an offence
gives rise to a danger of harm if the commission of the offence is
ordinarily capable of creating a real, and not merely a theoretical,
danger of harm.
(9) For the purposes of this section, the commission of an offence may
give rise to a danger of harm whatever the statistical or arithmetical
calculation of the degree of risk of harm involved.
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Part 9.1 Serious drug offences
Division 311 Combining quantities of drugs, plants or precursors
Section 311.1
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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:
(a) traffics in different parcels of controlled drugs
(Division 302); or
(b) cultivates different parcels of controlled plants
(Division 303); or
(c) sells different parcels of controlled plants (Division 304); or
(d) manufactures different parcels of controlled drugs
(Division 305); or
(e) pre-traffics in different parcels of controlled precursors
(Division 306); or
(f) imports or exports different parcels of border controlled
drugs or border controlled plants (Subdivision A of
Division 307); or
(g) possesses different parcels of unlawfully imported border
controlled drugs or border controlled plants (Subdivision B
of Division 307); or
(h) possesses different parcels of border controlled drugs or
border controlled plants reasonably suspected of having been
unlawfully imported (Subdivision C of Division 307); or
(i) imports or exports different parcels of border controlled
precursors (Subdivision D of Division 307); or
(j) supplies different parcels of controlled drugs to a child for
trafficking (sections 309.3 and 309.4); or
(k) procures a child to traffic in different parcels of controlled
drugs (sections 309.7 and 309.8); or
(l) procures a child to pre-traffic in different parcels of
controlled precursors (sections 309.10 and 309.11); or
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(m) procures a child to import or export different parcels of
border controlled drugs or border controlled plants
(sections 309.12 and 309.13); or
(n) procures a child to import or export different parcels of
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.
(3) If the prosecution intends to rely on this Subdivision, particulars of
each parcel of drugs, plants or precursors must be set out in the
charge.
(4) This Subdivision does not prevent a person being charged with
separate offences in respect of different parcels of drugs, plants or
precursors.
Subdivision B—Combining parcels from organised commercial
activities
311.2 Business of trafficking controlled drugs
(1) In proceedings for an offence against:
(a) section 302.2 (trafficking commercial quantities of controlled
drugs); or
(b) section 302.3 (trafficking marketable quantities of controlled
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
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Division 311 Combining quantities of drugs, plants or precursors
Section 311.3
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(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).
(2) For the purposes of subsection (1) it is not necessary for the
prosecution to specify or prove:
(a) the exact date of each occasion of trafficking; or
(b) the exact quantity trafficked on each occasion.
(3) Section 302.5 (presumption where trafficable quantities are
involved) does not apply to an offence prosecuted in accordance
with subsection (1).
311.3 Business of pre-trafficking by selling controlled precursors
(1) In proceedings for an offence against:
(a) section 306.2 (pre-trafficking commercial quantities of
controlled precursors); or
(b) section 306.3 (pre-trafficking marketable quantities of
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:
(c) that the defendant was engaged in an organised commercial
activity that involved repeated pre-trafficking by selling
controlled precursors; and
(d) that the relevant quantity of a controlled precursor, or of a
combination of controlled precursors, was pre-trafficked by
sale in the course of that activity.
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).
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Section 311.4
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(2) For the purposes of subsection (1) it is not necessary for the
prosecution to specify or prove:
(a) the exact date of each occasion of pre-trafficking; or
(b) the exact quantity pre-trafficked on each occasion.
311.4 Business of importing or exporting border controlled drugs or
border controlled plants
(1) In proceedings for an offence against:
(a) section 307.1 (importing and exporting commercial
quantities of border controlled drugs or border controlled
plants); or
(b) section 307.2 (importing and exporting marketable quantities
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:
(c) that the defendant was engaged in an organised commercial
activity that involved repeated importing or exporting of
border controlled drugs or border controlled plants, or both;
and
(d) that the relevant quantity of a border controlled drug or
border controlled plant or both, or of a combination of border
controlled drugs or border controlled plants or both, was
imported or exported in the course of that activity.
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:
(a) the exact date of each occasion of import or export; or
(b) the exact quantity imported or exported on each occasion.
311.5 Business of importing or exporting border controlled
precursors
(1) In proceedings for an offence against:
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(a) section 307.11 (importing and exporting commercial
quantities of border controlled precursors); or
(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:
(c) that the defendant was engaged in an organised commercial
activity that involved repeated importing or exporting of
border controlled precursors; and
(d) that the relevant quantity of a border controlled precursor, or
of a combination of border controlled precursors, was
imported or exported in the course of that activity.
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:
(a) the exact date of each occasion of import or export; or
(b) the exact quantity imported or exported on each occasion.
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:
(a) that the defendant was engaged in an organised commercial
activity that involved repeated supplying of drugs to children
for trafficking; and
(b) that the relevant quantity of a controlled drug, or of a
combination of controlled drugs, was supplied to children 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)(b).
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Section 311.7
Criminal Code Act 1995 217
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(2) For the purposes of subsection (1) it is not necessary for the
prosecution to specify or prove:
(a) the exact date of each occasion of supply; or
(b) the exact quantity supplied on each occasion.
(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
(1) If, in proceedings for an offence, the prosecution intends to rely on
section 311.2, 311.3, 311.4, 311.5 or 311.6:
(a) the fact that it intends to do so must be set out in the charge;
and
(b) a description of the conduct alleged for the purposes of that
section must be set out in the charge or provided to the
accused within a reasonable time before the proceedings.
(2) If:
(a) an occasion of trafficking, pre-trafficking, importing or
exporting or supplying is alleged in proceedings against a
person for an offence prosecuted in accordance with
section 311.2, 311.3, 311.4, 311.5 or 311.6; and
(b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person
for another offence against this Part.
(3) If:
(a) an occasion of trafficking, pre-trafficking, importing or
exporting or supplying is alleged in proceedings against a
person for an offence against this Part; and
(b) the person is convicted or acquitted of the offence;
that occasion must not be alleged in proceedings against the person
for an offence prosecuted in accordance with section 311.2, 311.3,
311.4, 311.5 or 311.6.
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Section 311.8
218 Criminal Code Act 1995
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(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.
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:
(a) that the defendant committed offences against that Division
on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of
a combination of controlled drugs, was trafficked during the
commission of those offences.
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:
(a) that the defendant committed offences against that Division
on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of
a combination of controlled plants, was cultivated during the
commission of those offences.
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).
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Section 311.10
Criminal Code Act 1995 219
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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
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled plant, or of
a combination of controlled plants, was sold during the
commission of those offences.
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:
(a) that the defendant committed offences against that Division
on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of
a combination of controlled drugs, was manufactured during
the commission of those offences.
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:
(a) that the defendant committed offences against that Division
on different occasions; and
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Section 311.13
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(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled precursor,
or of a combination of controlled precursors, was
pre-trafficked during the commission of those offences.
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).
311.13 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:
(a) that the defendant committed offences against that
Subdivision on different occasions; and
(b) that each of those offences was committed within a period of
not more than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug
or border controlled plant or both, or of a combination of
border controlled drugs or border controlled plants or both,
was imported or exported during the commission of those
offences.
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:
(a) that the defendant committed offences against that
Subdivision on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
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Section 311.15
Criminal Code Act 1995 221
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(c) that the relevant quantity (in sum) of a border controlled drug
or border controlled plant or both, or of a combination of
border controlled drugs or border controlled plants or both,
was possessed by the defendant during the commission of
those offences.
Note: See section 312.2 for working out quantities where different kinds of
border controlled drugs or border controlled plants are involved.
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:
(a) that the defendant committed offences against that
Subdivision on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug
or border controlled plant or both, or of a combination of
border controlled drugs or border controlled plants or both,
was possessed by the defendant during the commission of
those offences.
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:
(a) that the defendant committed offences against that
Subdivision on different occasions; and
(b) that each of those offences was committed within a period of
not more than 30 days from another of those offences; and
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Division 311 Combining quantities of drugs, plants or precursors
Section 311.17
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(c) that the relevant quantity (in sum) of a border controlled
precursor, or of a combination of border controlled
precursors, was imported or exported during the commission
of those offences.
Note: See section 312.2 for working out quantities where different kinds of
border controlled precursors are involved.
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:
(a) that the defendant committed offences against section 309.4
(supplying controlled drugs to children for trafficking) on
different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled drug, or of
a combination of controlled drugs, was supplied during the
commission of those offences.
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:
(a) that the defendant committed offences against section 309.8
(procuring children for trafficking controlled drugs) on
different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
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Section 311.19
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(c) that the relevant quantity (in sum) of a controlled drug, or of
a combination of controlled drugs, was trafficked during the
commission of those offences.
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).
311.19 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:
(a) that the defendant committed offences against section 309.11
(procuring children for pre-trafficking controlled precursors)
on different occasions; and
(b) that each of those offences was committed within a period of
not more than 7 days from another of those offences; and
(c) that the relevant quantity (in sum) of a controlled precursor,
or of a combination of controlled precursors, was
pre-trafficked during the commission of those offences.
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:
(a) that the defendant committed offences against section 309.13
(procuring children for importing or exporting border
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Division 311 Combining quantities of drugs, plants or precursors
Section 311.21
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controlled drugs or border controlled plants) on different
occasions; and
(b) that each of those offences was committed within a period of
not more than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled drug
or border controlled plant or both, or of a combination of
border controlled drugs or border controlled plants or both,
was imported or exported during the commission of those
offences.
Note 1: See section 312.2 for working out quantities where different kinds of
border controlled drugs or border controlled plants are involved.
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:
(a) that the defendant committed offences against section 309.15
(procuring children for importing or exporting border
controlled precursors) on different occasions; and
(b) that each of those offences was committed within a period of
not more than 30 days from another of those offences; and
(c) that the relevant quantity (in sum) of a border controlled
precursor, or of a combination of border controlled
precursors, was imported or exported during the commission
of those offences.
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).
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Section 311.22
Criminal Code Act 1995 225
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311.22 General rules—combining parcels from multiple offences
(1) If the prosecution intends to rely on a section of this Subdivision,
the particulars of the offences alleged to have been committed on
the different occasions must be set out in the charge.
(2) The same parcel of controlled drugs, controlled plants, controlled
precursors, border controlled drugs, border controlled plants or
border controlled precursors must not be counted more than once
for the purposes of this Subdivision.
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.
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Part 9.1 Serious drug offences
Division 312 Working out quantities of drugs, plants or precursors
Section 312.1
226 Criminal Code Act 1995
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Division 312—Working out quantities of drugs, plants or
precursors
312.1 Working out quantities of drugs and precursors in mixtures
(1) If an alleged offence against this Part involves a quantity of a
controlled drug in a mixture of substances, the prosecution may
prove the quantity of the controlled drug involved:
(a) by proving that the mixture contains that quantity of the pure
form of the controlled drug; or
(b) if such a quantity is specified, in regulations made for the
purposes of item 1 of the table in section 301.10, 301.11 or
301.12, for the controlled drug in a mixture—by proving that
quantity of the mixture.
(2) If an alleged offence against this Part involves a quantity of a
controlled precursor in a mixture of substances, the prosecution
may prove the quantity of the controlled precursor involved by
proving that the mixture contains that quantity of the pure form of
the controlled precursor.
(3) If an alleged offence against this Part involves a quantity of a
border controlled drug in a mixture of substances, the prosecution
may prove the quantity of the border controlled drug involved:
(a) by proving that the mixture contains that quantity of the pure
form of the border controlled drug; or
(b) if such a quantity is specified, in regulations made for the
purposes of item 1 of the table in section 301.10 or 301.11,
for the border controlled drug in a mixture—by proving that
quantity of the mixture.
(4) If an alleged offence against this Part involves a quantity of a
border controlled precursor in a mixture of substances, the
prosecution may prove the quantity of the border controlled
precursor involved by proving that the mixture contains that
quantity of the pure form of the border controlled precursor.
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Section 312.2
Criminal Code Act 1995 227
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312.2 Working out quantities where different kinds of drugs, plants
or precursors are involved
(1) This section applies if a person is charged with a single offence
against this Part that involves:
(a) trafficking in more than one kind of controlled drug; or
(b) cultivating more than one kind of controlled plant; or
(c) selling more than one kind of controlled plant; or
(d) manufacturing more than one kind of controlled drug; or
(e) pre-trafficking in more than one kind of controlled precursor;
or
(f) importing or exporting more than one kind of border
controlled drug or border controlled plant; or
(g) possessing more than one kind of unlawfully imported border
controlled drug or border controlled plant; or
(h) possessing more than one kind of border controlled drug or
border controlled plant reasonably suspected of having been
unlawfully imported; or
(i) importing or exporting more than one kind of border
controlled precursor; or
(j) supplying more than one kind of controlled drug to a child
for trafficking; or
(k) procuring a child to traffic in more than one kind of
controlled drug; or
(l) procuring a child to pre-traffic in more than one kind of
controlled precursor; or
(m) procuring a child to import or export more than one kind of
border controlled drug or border controlled plant; or
(n) procuring a child to import or export more than one kind of
border controlled precursor.
(2) The following apply for the purposes of working out the quantity
of controlled drugs, controlled plants, controlled precursors, border
controlled drugs, border controlled plants or border controlled
precursors involved in the offence:
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Section 312.2
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(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;
(b) the quantity of drugs, plants or precursors is a marketable
quantity if the sum of the requisite fractions of the
marketable quantity of each of those drugs, plants or
precursors is equal to or greater than one;
(c) the quantity of drugs, plants or precursors is a commercial
quantity if the sum of the requisite fractions of the
commercial quantity of each of those drugs, plants or
precursors is equal to or greater than one.
(3) For the purposes of this Part, requisite fraction means:
(a) in relation to a trafficable quantity of a controlled drug or
controlled plant, the actual quantity of the drug or plant
divided by the smallest trafficable quantity of the drug or
plant; or
(b) in relation to a marketable quantity of a controlled drug,
controlled plant, controlled precursor, border controlled drug,
border controlled plant or border controlled precursor, the
actual quantity of the drug, plant or precursor divided by the
smallest marketable quantity of the drug, plant or precursor;
or
(c) in relation to a commercial quantity of a controlled drug,
controlled plant, controlled precursor, border controlled drug,
border controlled plant or border controlled precursor, the
actual quantity of the drug, plant or precursor divided by the
smallest commercial quantity of the drug, plant or precursor.
(4) If this section applies in relation to a controlled drug in a mixture
of substances, the requisite fraction of a trafficable, marketable or
commercial quantity of the controlled drug may be calculated:
(a) on the basis of the quantity of the controlled drug in pure
form; or
(b) if such a quantity is specified, in regulations made for the
purposes of item 1 of the table in section 301.10, 301.11 or
301.12, for the controlled drug in a mixture—on the basis of
the quantity of the mixture.
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Working out quantities of drugs, plants or precursors Division 312
Section 312.2
Criminal Code Act 1995 229
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(5) If this section applies in relation to a border controlled drug in a
mixture of substances, the requisite fraction of a marketable or
commercial quantity of the border controlled drug may be
calculated:
(a) on the basis of the quantity of the border controlled drug in
pure form; or
(b) if such a quantity is specified, in regulations made for the
purposes of item 1 of the table in section 301.10 or 301.11,
for the border controlled drug in a mixture—on the basis of
the quantity of the mixture.
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Part 9.1 Serious drug offences
Division 313 Defences and alternative verdicts
Section 313.1
230 Criminal Code Act 1995
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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:
(a) a person engages in the conduct in a State or Territory; and
(b) the conduct is justified or excused by or under a law of that
State or Territory.
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:
(a) at the time of the conduct constituting the offence, the person
was under a mistaken but reasonable belief that the conduct
was justified or excused by or under a law of the
Commonwealth or of a State or Territory; and
(b) had the conduct been so justified or excused—the conduct
would not have constituted the offence.
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:
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Section 313.4
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(a) in a prosecution for an offence against this Part, the trier of
fact:
(i) is not satisfied that the defendant is guilty of the alleged
offence; but
(ii) is satisfied, beyond reasonable doubt, that the defendant
is guilty of another offence against this Part; and
(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
(1) This section applies if:
(a) an offence against this Part (other than Division 307) is
prosecuted; and
(b) the offence involves a commercial quantity or a marketable
quantity of a controlled drug, controlled plant, controlled
precursor, border controlled drug, border controlled plant or
border controlled precursor; and
(c) the trier of fact would, apart from this section, have found the
defendant guilty of the offence.
(2) If:
(a) the defendant proves that, at the time of the alleged offence,
he or she was under a mistaken belief about the quantity of
the drug, plant or precursor; and
(b) if the mistaken belief had been correct, the defendant would
have been guilty of another offence against this Part; and
(c) the maximum penalty for the other offence is less than the
maximum penalty for the alleged offence;
the trier of fact may find the defendant:
(d) not guilty of the alleged offence; but
(e) guilty of the other offence.
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Chapter 9 Dangers to the community
Part 9.1 Serious drug offences
Division 313 Defences and alternative verdicts
Section 313.5
232 Criminal Code Act 1995
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Note: A defendant bears a legal burden in relation to the matter in
paragraph (2)(a) (see section 13.4).
313.5 Alternative verdict—mistake as to identity of drug, plant or
precursor
(1) This section applies if:
(a) an offence against this Part (other than Division 307) is
prosecuted; and
(b) the offence involves a controlled drug, controlled plant,
controlled precursor, border controlled drug, border
controlled plant or border controlled precursor; and
(c) the trier of fact would, apart from this section, have found the
defendant guilty of the offence.
(2) If:
(a) the defendant proves that, at the time of the alleged offence,
he or she was under a mistaken belief about the identity of
the drug, plant or precursor; and
(b) if the mistaken belief had been correct, the defendant would
have been guilty of another offence against this Part; and
(c) the maximum penalty for the other offence is less than the
maximum penalty for the alleged offence;
the trier of fact may find the defendant:
(d) not guilty of the alleged offence; but
(e) guilty of the other offence.
Note: A defendant bears a legal burden in relation to the matter in
paragraph (2)(a) (see section 13.4).
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Psychoactive substances Part 9.2
Psychoactive substances Division 320
Section 320.1
Criminal Code Act 1995 233
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Part 9.2—Psychoactive substances
Division 320—Psychoactive substances
320.1 Definitions
(1) In this Part:
consume, in relation to a substance, includes:
(a) ingest the substance; and
(b) inject the substance; and
(c) inhale the substance; and
(d) smoke the substance, or inhale fumes caused by heating or
burning the substance; and
(e) apply the substance externally to the body of a person; and
(f) by any other means introduce the substance into any part of
the body of a person.
psychoactive effect, in relation to a person, means:
(a) stimulation or depression of the person’s central nervous
system, resulting in hallucinations or in a significant
disturbance in, or significant change to, motor function,
thinking, behaviour, perception, awareness or mood; or
(b) causing a state of dependence, including physical or
psychological addiction.
psychoactive substance means any substance that, when a person
consumes it, has the capacity to induce a psychoactive effect.
serious drug alternative means a substance that:
(a) has a psychoactive effect that is the same as, or is
substantially similar to, the psychoactive effect of a serious
drug; or
(b) is a lawful alternative to a serious drug.
(2) Expressions used in this Part that are defined for the purposes of
Part 9.1 have the same meaning as in that Part.
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Chapter 9 Dangers to the community
Part 9.2 Psychoactive substances
Division 320 Psychoactive substances
Section 320.2
234 Criminal Code Act 1995
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320.2 Importing psychoactive substances
(1) A person commits an offence if:
(a) the person imports a substance; and
(b) the substance is a psychoactive substance.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(2) Subject to subsection (3), this section does not apply to a substance
if it is:
(a) food (within the meaning of the Food Standards Australia
New Zealand Act 1991) for which:
(i) there is a standard (within the meaning of that Act); or
(ii) in the form in which the substance is presented, there is
a tradition in Australia and New Zealand of using the
substance as food for humans; or
(b) a tobacco product (within the meaning of section 8 of the
Tobacco Advertising Prohibition Act 1992); or
(c) goods that are listed goods, or registered goods, within the
meaning of the Therapeutic Goods Act 1989; or
(d) goods that are represented in any way to be:
(i) for therapeutic use (within the meaning of that Act); or
(ii) for use as an ingredient or component in the
manufacture of therapeutic goods (within the meaning
of that Act);
other than goods that are represented as a serious drug
alternative; or
(e) therapeutic goods that are:
(i) exempt goods (within the meaning of that Act); or
(ii) exempt under section 18A of that Act; or
(iii) the subject of an approval or authority under section 19
of that Act; or
(iv) the subject of an approval under section 19A of that
Act; or
(f) a substance or mixture of substances:
(i) that is an agricultural chemical product (within the
meaning of the Agricultural and Veterinary Chemicals
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Psychoactive substances Division 320
Section 320.2
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Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994); or
(ii) that would be such an agricultural chemical product,
apart from regulations made for the purposes of
paragraph 4(4)(b) of that Code; or
(g) a substance or mixture of substances:
(i) that is a veterinary chemical product (within the
meaning of that Code); or
(ii) to which paragraph 5(4)(a) of that Code applies; or
(iii) that would be such a veterinary chemical product, apart
from regulations made for the purposes of
paragraph 5(4)(b) of that Code; or
(h) a substance or mixture of substances that is an active
constituent (within the meaning of that Code) for a proposed
or existing chemical product (within the meaning of that
Code), and that:
(i) is an approved active constituent (within the meaning of
that Code); or
(ii) is an exempt active constituent (within the meaning of
subsection 69B(1) of the Agricultural and Veterinary
Chemicals (Administration) Act 1992); or
(iii) is imported into Australia with the written consent of
the Australian Pesticides and Veterinary Medicines
Authority under subsection 69B(1B) of that Act; or
(i) an industrial chemical within the meaning of the Industrial
Chemicals (Notification and Assessment) Act 1989; or
(ia) a plant or fungus, or an extract from a plant or fungus; or
(j) a controlled drug, controlled plant, controlled precursor,
border controlled drug, border controlled plant or border
controlled precursor; or
(k) a prohibited import within the meaning of the Customs Act
1901; or
(l) prescribed by, or included in a class of substances prescribed
by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in
this subsection (see subsection 13.3(3)).
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Chapter 9 Dangers to the community
Part 9.2 Psychoactive substances
Division 320 Psychoactive substances
Section 320.3
236 Criminal Code Act 1995
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(3) Subsection (2) does not apply to a substance that contains any
psychoactive substance that is not of a kind specified in any of
paragraphs (2)(a) to (l).
(4) In a prosecution for an offence under subsection (1), it is not
necessary to prove that the defendant was reckless as to:
(a) the particular identity of the substance; or
(b) whether the substance had a particular psychoactive effect.
320.3 Importing substances represented to be serious drug
alternatives
(1) A person commits an offence if:
(a) the person imports a substance; and
(b) at the time of the importation, the presentation of the
substance includes an express or implied representation that
the substance is a serious drug alternative.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(2) For the purposes of paragraph (1)(b), the presentation of a
substance includes, but is not limited to, matters relating to:
(a) the name of the substance; and
(b) the labelling and packaging of the substance and
(c) any advertising or other informational material associated
with the substance.
(3) This section does not apply to a substance if it is:
(a) food (within the meaning of the Food Standards Australia
New Zealand Act 1991) for which:
(i) there is a standard (within the meaning of that Act); or
(ii) in the form in which the substance is presented, there is
a tradition in Australia and New Zealand of using the
substance as food for humans; or
(b) goods that are listed goods, or registered goods, within the
meaning of the Therapeutic Goods Act 1989; or
(c) therapeutic goods that are:
(i) exempt goods (within the meaning of that Act); or
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Psychoactive substances Division 320
Section 320.3
Criminal Code Act 1995 237
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(ii) exempt under section 18A of that Act; or
(iii) the subject of an approval or authority under section 19
of that Act; or
(iv) the subject of an approval under section 19A of that
Act; or
(d) a substance or mixture of substances that is a chemical
product (within the meaning of the Agricultural and
Veterinary Chemicals Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994), and
that:
(i) is a registered chemical product (within the meaning of
that Code); or
(ii) is a reserved chemical product (within the meaning of
that Code); or
(iii) is an exempt chemical product (within the meaning of
subsection 69B(2) of the Agricultural and Veterinary
Chemicals (Administration) Act 1992); or
(iv) is imported into Australia with the written consent of
the Australian Pesticides and Veterinary Medicines
Authority under subsection 69B(1B) of that Act; or
(e) a substance or mixture of substances that is an active
constituent (within the meaning of that Code) for a proposed
or existing chemical product (within the meaning of that
Code), and that:
(i) is an approved active constituent (within the meaning of
that Code); or
(ii) is an exempt active constituent (within the meaning of
subsection 69B(2) of the Agricultural and Veterinary
Chemicals (Administration) Act 1992); or
(iii) is imported into Australia with the written consent of
the Australian Pesticides and Veterinary Medicines
Authority under subsection 69B(1B) of that Act; or
(f) prescribed by, or included in a class of substances prescribed
by, the regulations.
Note: A defendant bears an evidential burden in relation to the matters in
this subsection (see subsection 13.3(3)).
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Chapter 9 Dangers to the community
Part 9.2 Psychoactive substances
Division 320 Psychoactive substances
Section 320.3
238 Criminal Code Act 1995
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(4) In a prosecution for an offence under subsection (1), it is not
necessary to prove that:
(a) the representation of the substance to be a serious drug
alternative related to a particular serious drug; or
(b) the defendant intended to cause any person to believe that the
substance:
(i) was a particular serious drug; or
(ii) has a psychoactive effect that is the same as or similar
to a particular serious drug; or
(iii) is a lawful alternative to a particular serious drug; or
(c) the defendant knew, or was reckless as to:
(i) the particular identity of the substance, or
(ii) whether the substance has a particular psychoactive
effect.
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Dangerous weapons Part 9.4
Cross-border firearms trafficking Division 360
Section 360.1
Criminal Code Act 1995 239
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Part 9.4—Dangerous weapons
Division 360—Cross-border firearms trafficking
360.1 Disposal and acquisition of a firearm or firearm part
(1) For the purposes of this Division, and without limitation, a person
disposes of a firearm or a firearm part if any of the following
applies:
(a) the person sells the firearm or part (whether or not the person
to whom the firearm or part is sold also acquires physical
control of the firearm or part);
(b) the person hires, leases or rents the firearm or part to another
person;
(c) the person passes physical control of the firearm or part to
another person (whether or not the person to whom physical
control is passed also acquires ownership of the firearm or
part).
(2) For the purposes of this Division, and without limitation, a person
acquires a firearm or a firearm part if any of the following applies:
(a) the person purchases the firearm or part (whether or not the
person also acquires physical control of the firearm or part);
(b) the person hires, leases or rents the firearm or part from
another person;
(c) the person obtains physical control of the firearm or part
(whether or not the person also acquires ownership of the
firearm or part).
360.2 Cross-border offence of disposal or acquisition of a firearm or
firearm part
(1) A person commits an offence if:
(a) in the course of trade or commerce among the States,
between Territories or between a Territory and a State, the
person engages in conduct that constitutes an offence against
a firearm law; and
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Part 9.4 Dangerous weapons
Division 360 Cross-border firearms trafficking
Section 360.3
240 Criminal Code Act 1995
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(b) the primary element of the offence is:
(i) the disposal of a firearm or a firearm part by the person;
or
(ii) the acquisition of a firearm or a firearm part by the
person.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(2) Absolute liability applies to the paragraph (1)(a) element of the
offence.
(3) In this section:
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.
firearm part means either of the following within the meaning of
the firearm law concerned:
(a) a firearm part;
(b) a part of, or for, a firearm or weapon.
360.3 Taking or sending a firearm or firearm part across borders
(1) A person commits an offence if:
(a) in the course of trade or commerce among the States,
between Territories or between a Territory and a State, the
person takes or sends a firearm or a firearm part from one
State or Territory to another State or Territory; and
(b) the person does so intending that the firearm or firearm part
will be disposed of in the other State or Territory (whether by
the person or another); and
(c) the person knows that, or is reckless as to whether:
(i) the disposal of the firearm or firearm part; or
(ii) any acquisition of the firearm or firearm part that results
from the disposal;
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Cross-border firearms trafficking Division 360
Section 360.4
Criminal Code Act 1995 241
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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.
firearm part means either of the following within the meaning of
the firearm law mentioned in paragraph (1)(c):
(a) a firearm part;
(b) a part of, or for, a firearm or weapon.
360.4 Concurrent operation intended
(1) This Division is not intended to exclude or limit the concurrent
operation of any law of a State or Territory.
(2) Without limiting subsection (1), this Division is not intended to
exclude or limit the concurrent operation of a law of a State or
Territory that makes:
(a) an act or omission that is an offence against this Division; or
(b) a similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does
any one or more of the following:
(a) provides for a penalty for the offence that differs from the
penalty provided for in this Division;
(b) provides for a fault element in relation to the offence that
differs from the fault elements applicable to the offence
against this Division;
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Part 9.4 Dangerous weapons
Division 360 Cross-border firearms trafficking
Section 360.4
242 Criminal Code Act 1995
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(c) provides for a defence in relation to the offence that differs
from the defences applicable to the offence against this
Division.
(4) A person punished for an offence against a law of a State or
Territory referred to in subsection (2) in respect of particular
conduct cannot be punished for an offence against this Division in
respect of that conduct.
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Dangerous weapons Part 9.4
International firearms trafficking Division 361
Section 361.1
Criminal Code Act 1995 243
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Division 361—International firearms trafficking
361.1 Definitions
In this Division:
export a thing, means export the thing from Australia.
firearm has the same meaning as in the Customs (Prohibited
Imports) Regulations 1956.
firearm part has the same meaning as in the Customs (Prohibited
Imports) Regulations 1956.
import a thing, means import the thing into Australia, and includes
deal with the thing in connection with its importation.
traffic in a thing that is a firearm or a firearm part means:
(a) transfer the thing; or
(b) offer the thing for sale; or
(c) invite the making of offers to buy the thing; or
(d) prepare the thing for transfer with the intention of
transferring any of it or believing that another person intends
to transfer any of it; or
(e) transport or deliver the thing with the intention of
transferring any of it or believing that another person intends
to transfer any of it; or
(f) guard or conceal the thing with the intention of transferring
any of it or the intention of assisting another person to
transfer any of it; or
(g) possess the thing with the intention of transferring any of it.
For the purposes of paragraph (d), preparing a thing for transfer
includes packaging the thing or separating the thing into discrete
units.
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Chapter 9 Dangers to the community
Part 9.4 Dangerous weapons
Division 361 International firearms trafficking
Section 361.2
244 Criminal Code Act 1995
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361.2 Trafficking prohibited firearms or firearm parts into
Australia
Customs Act prohibits imports absolutely
(1) A person commits an offence if:
(a) the person imports a thing; and
(b) the thing is a firearm or firearm part; and
(c) the person imports the firearm or part with the intention of
trafficking in the firearm or part; and
(d) importing the firearm or part was prohibited under the
Customs Act 1901 absolutely.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(2) Absolute liability applies to paragraph (1)(d).
Note: For absolute liability, see section 6.2.
Customs Act prohibits imports if requirements not met
(3) A person commits an offence if:
(a) the person imports a thing; and
(b) the thing is a firearm or firearm part; and
(c) the person imports the firearm or part with the intention of
trafficking in the firearm or part; and
(d) importing the firearm or part was prohibited under the
Customs Act 1901 unless certain requirements were met; and
(e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(4) Absolute liability applies to paragraph (3)(d).
Note: For absolute liability, see section 6.2.
(5) Strict liability applies to paragraph (3)(e).
Note: For strict liability, see section 6.1.
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Dangerous weapons Part 9.4
International firearms trafficking Division 361
Section 361.3
Criminal Code Act 1995 245
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361.3 Trafficking prohibited firearms or firearm parts out of
Australia
Customs Act prohibits exports absolutely
(1) A person commits an offence if:
(a) the person exports a thing, or enters a thing for export from
Australia; and
(b) the thing is a firearm or firearm part; and
(c) the person exports, or enters for export, the firearm or part
with the intention of trafficking in the firearm or part; and
(d) exporting the firearm or part was prohibited under the
Customs Act 1901 absolutely.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(2) Absolute liability applies to paragraph (1)(d).
Note: For absolute liability, see section 6.2.
Customs Act prohibits exports if requirements not met
(3) A person commits an offence if:
(a) the person exports a thing; and
(b) the thing is a firearm or firearm part; and
(c) the person exports the firearm or part with the intention of
trafficking in the firearm or part; and
(d) exporting the firearm or part, or entering the firearm or part
for export, was prohibited under the Customs Act 1901 unless
certain requirements were met; and
(e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(4) A person commits an offence if:
(a) the person enters a thing for export from Australia; and
(b) the thing is a firearm or firearm part; and
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Chapter 9 Dangers to the community
Part 9.4 Dangerous weapons
Division 361 International firearms trafficking
Section 361.4
246 Criminal Code Act 1995
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(c) the person enters the firearm or part for export with the
intention of trafficking in the firearm or part; and
(d) entering the firearm or part for export was prohibited under
the Customs Act 1901 unless certain requirements were met;
and
(e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty
units, or both.
(5) Absolute liability applies to paragraphs (3)(d) and (4)(d).
Note: For absolute liability, see section 6.2.
(6) Strict liability applies to paragraphs (3)(e) and (4)(e).
Note: For strict liability, see section 6.1.
361.4 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
Division if:
(a) at the time of the conduct constituting the offence, the person
was under a mistaken but reasonable belief that the conduct
was justified or excused by or under a law of the
Commonwealth or of a State or Territory; and
(b) had the conduct been so justified or excused—the conduct
would not have constituted the offence.
Note: A defendant bears an evidential burden in relation to the matter in
paragraph (a) (see subsection 13.3(3)).
361.6 Double jeopardy
A person punished for an offence against this Division in respect of
particular conduct cannot be punished for an offence against
section 233BAB of the Customs Act 1901 in respect of that
conduct.
Note: A similar provision for the opposite case is set out in
subsection 233BAB(7) of the Customs Act 1901.
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Identity crime Part 9.5
Preliminary Division 370
Section 370.1
Criminal Code Act 1995 247
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Part 9.5—Identity crime
Division 370—Preliminary
370.1 Definitions
In this Code:
deal, in identification information, includes make, supply or use
any such information.
identification documentation means any document or other thing
that:
(a) contains or incorporates identification information; and
(b) is capable of being used by a person for the purpose of
pretending to be, or passing the person off as, another person
(whether living, dead, real or fictitious).
identification information means information, or a document,
relating to a person (whether living, dead, real or fictitious) that is
capable of being used (whether alone or in conjunction with other
information or documents) to identify or purportedly identify the
person, including any of the following:
(a) a name or address;
(b) a date or place of birth, whether the person is married or has
a de facto partner, relatives’ identity or similar information;
(c) a driver’s licence or driver’s licence number;
(d) a passport or passport number;
(e) biometric data;
(f) a voice print;
(g) a credit or debit card, its number, or data stored or encrypted
on it;
(h) a financial account number, user name or password;
(i) a digital signature;
(j) a series of numbers or letters (or both) intended for use as a
means of personal identification;
(k) an ABN.
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 370 Preliminary
Section 370.2
248 Criminal Code Act 1995
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370.2 Definition of foreign indictable offence
In Division 372:
foreign indictable offence means an offence against a law of a
foreign country or part of a foreign country that is constituted by
conduct that, if engaged in in Australia, would constitute an
indictable offence against a law of the Commonwealth.
370.3 Concurrent operation intended
(1) This Part is not intended to exclude or limit the concurrent
operation of any law of a State or Territory.
(2) Without limiting subsection (1), this Part is not intended to exclude
or limit the concurrent operation of a law of a State or Territory
that makes:
(a) an act or omission that is an offence against a provision of
this Part; or
(b) a similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does
any one or more of the following:
(a) provides for a penalty for the offence that differs from the
penalty provided for in this Part;
(b) provides for a fault element in relation to the offence that
differs from the fault elements applicable to the offence
under this Part;
(c) provides for a defence in relation to the offence that differs
from the defences applicable to the offence under this Part.
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Identity crime Part 9.5
Identity fraud offences Division 372
Section 372.1
Criminal Code Act 1995 249
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Division 372—Identity fraud offences
372.1 Dealing in identification information
(1) A person (the first person) commits an offence if:
(a) the first person deals in identification information; and
(b) the first person intends that any person (the user) (whether or
not the first person) will use the identification information to
pretend to be, or to pass the user off as, another person
(whether living, dead, real or fictitious) for the purpose of:
(i) committing an offence; or
(ii) facilitating the commission of an offence; and
(c) the offence referred to in paragraph (b) is:
(i) an indictable offence against a law of the
Commonwealth; or
(ii) a foreign indictable offence.
Penalty: Imprisonment for 5 years.
Note: Deal, in identification information, includes make, supply or use any
such information. See section 370.1.
(2) Absolute liability applies to the paragraph (1)(c) element of the
offence.
Note: For absolute liability, see section 6.2.
(3) This section applies:
(a) even if:
(i) committing the offence referred to in paragraph (1)(b) is
impossible; or
(ii) the offence referred to in paragraph (1)(b) is to be
committed at a later time; and
(b) whether or not the person to whom the identification
information concerned relates consented to the dealing in the
identification information.
(4) This section does not apply to dealing in the first person’s own
identification information.
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 372 Identity fraud offences
Section 372.1A
250 Criminal Code Act 1995
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372.1A Dealing in identification information that involves use of a
carriage service
Dealing in identification information using a carriage service
(1) A person (the first person) commits an offence if:
(a) the first person deals in identification information; and
(b) the first person does so using a carriage service; and
(c) the first person intends that any person (the user) (whether or
not the first person) will use the identification information to
pretend to be, or to pass the user off as, another person
(whether living, dead, real or fictitious) for the purpose of:
(i) committing an offence; or
(ii) facilitating the commission of an offence; and
(d) the offence referred to in paragraph (c) is:
(i) an indictable offence against a law of the
Commonwealth; or
(ii) an indictable offence against a law of a State or
Territory; or
(iii) a foreign indictable offence.
Penalty: Imprisonment for 5 years.
Note: Deal, in identification information, includes make, supply or use any
such information. See section 370.1.
(2) Absolute liability applies to the paragraphs (1)(b) and (d) elements
of the offence.
Note: For absolute liability, see section 6.2.
Dealing in identification information obtained using a carriage
service
(3) A person (the first person) commits an offence if:
(a) the first person obtains identification information; and
(b) the first person does so using a carriage service; and
(c) the first person deals in the identification information; and
(d) the first person intends that any person (the user) (whether or
not the first person) will use the identification information to
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Identity crime Part 9.5
Identity fraud offences Division 372
Section 372.1A
Criminal Code Act 1995 251
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pretend to be, or to pass the user off as, another person
(whether living, dead, real or fictitious) for the purpose of:
(i) committing an offence; or
(ii) facilitating the commission of an offence; and
(e) the offence referred to in paragraph (d) is:
(i) an indictable offence against a law of the
Commonwealth; or
(ii) an indictable offence against a law of a State or
Territory; or
(iii) a foreign indictable offence.
Penalty: Imprisonment for 5 years.
Note: Deal, in identification information, includes make, supply or use any
such information. See section 370.1.
(4) Absolute liability applies to the paragraphs (3)(b) and (e) elements
of the offence.
Note: For absolute liability, see section 6.2.
Presumption that conduct was engaged in using carriage service
(5) If the prosecution proves beyond reasonable doubt that a person
engaged in the conduct referred to in paragraph (1)(a) or (3)(a),
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.
Application of section
(6) This section applies:
(a) even if:
(i) committing the offence referred to in paragraph (1)(c) or
(3)(d) is impossible; or
(ii) the offence referred to in paragraph (1)(c) or (3)(d) is to
be committed at a later time; and
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 372 Identity fraud offences
Section 372.2
252 Criminal Code Act 1995
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(b) whether or not the person to whom the identification
information concerned relates consented to the dealing in the
identification information.
(7) This section does not apply to dealing in the first person’s own
identification information.
372.2 Possession of identification information
(1) A person (the first person) commits an offence if:
(a) the first person possesses identification information; and
(b) the first person intends that any person (whether or not the
first person) will use the identification information to engage
in conduct; and
(c) the conduct referred to in paragraph (b) constitutes an
offence against section 372.1 or subsection 372.1A(1) or (3).
Penalty: Imprisonment for 3 years.
(2) Absolute liability applies to the paragraph (1)(c) element of the
offence.
Note: For absolute liability, see section 6.2.
(3) This section applies whether or not the person to whom the
identification information concerned relates consented to the
possession of the identification information.
(4) This section does not apply to the possession of the first person’s
own identification information.
372.3 Possession of equipment used to make identification
documentation
(1) A person (the first person) commits an offence if:
(a) the first person possesses equipment; and
(b) the first person intends that any person (whether or not the
first person) will use the equipment to make identification
documentation; and
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(c) the first person intends that any person (whether or not
referred to in paragraph (b)) will use the identification
documentation to engage in conduct; and
(d) the conduct referred to in paragraph (c) constitutes an offence
against section 372.1 or subsection 372.1A(1) or (3).
Penalty: Imprisonment for 3 years.
(2) Absolute liability applies to the paragraph (1)(d) element of the
offence.
Note: For absolute liability, see section 6.2.
372.4 Extended geographical jurisdiction—category A
Section 15.1 (extended geographical jurisdiction—category A)
applies to an offence against this Division.
372.5 Alternative verdict
(1) This section applies if, in a prosecution for an offence against
section 372.1 or subsection 372.1A(1) or (3), 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 section 372.2.
(2) The trier of fact may find the defendant not guilty of the offence
against section 372.1 or subsection 372.1A(1) or (3) (as the case
requires) but guilty of the offence against section 372.2, so long as
the defendant has been accorded procedural fairness in relation to
that finding of guilt.
372.6 Attempt
It is not an offence to attempt to commit an offence against this
Division.
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 375 Victims’ certificates
Section 375.1
254 Criminal Code Act 1995
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Division 375—Victims’ certificates
375.1 Certificate may be issued by magistrate in relation to victim of
identity crime
(1) A magistrate may, on application by a person (the victim), issue a
certificate under this section if the magistrate is satisfied, on the
balance of probabilities, that:
(a) another person (the dealer) has dealt in identification
information; and
(b) the dealer intended that any person (the user) (whether or not
the dealer) would use the identification information to
pretend to be, or to pass the user off as, another person
(whether the victim or another person living, dead, real or
fictitious) for the purpose of:
(i) committing an offence; or
(ii) facilitating the commission of an offence; and
(c) the certificate may assist with any problems the dealing has
caused in relation to the victim’s personal or business affairs;
and
(d) the offence referred to in paragraph (b) is an indictable
offence against a law of the Commonwealth.
Note: Deal, in identification information, includes make, supply or use any
such information. See section 370.1.
(2) This section applies:
(a) even if:
(i) committing the offence referred to in paragraph (1)(b) is
impossible; or
(ii) the offence referred to in paragraph (1)(b) is to be
committed at a later time; and
(b) whether or not the person to whom the identification
information concerned relates consented to the dealing in the
identification information.
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Identity crime Part 9.5
Victims’ certificates Division 375
Section 375.2
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375.2 Content of certificate
(1) A certificate issued under section 375.1 must:
(a) identify the victim; and
(b) describe the dealing in identification information.
(2) The certificate may contain such other information as the
magistrate considers appropriate.
(3) The certificate must not identify the dealer.
375.3 Relation to civil and criminal proceedings
(1) The magistrate may issue a certificate under section 375.1 whether
or not:
(a) the dealer is identifiable; or
(b) subject to subsection (2)—any proceedings (whether civil or
criminal) have been or can be taken against a person for or in
relation to the dealing, or are pending.
(2) The magistrate must not issue a certificate under section 375.1 if
doing so would prejudice any proceedings.
(3) The certificate is not admissible in any proceedings.
375.4 Power conferred on magistrate personally
(1) Power is conferred by this Division on a magistrate only in a
personal capacity and not as a court or a member of a court.
(2) The magistrate need not accept the power conferred.
(3) A magistrate exercising a power under this Division has the same
protection and immunity as if he or she were exercising that power
as, or as a member of, the court of which the magistrate is a
member.
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 376 False identity and air travel
Section 376.1
256 Criminal Code Act 1995
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Division 376—False identity and air travel
376.1 Definitions for Division 376
In this Division:
air passenger ticket, for a flight, means a ticket, or electronic
record, on the basis of which a person is treated as being entitled to
travel as a passenger on:
(a) the flight; or
(b) a journey that includes the flight.
false: identification information relating to a person is false if it is
false in a material particular that affects the capacity of the
information to be used (whether alone or in conjunction with other
information or documents) to identify the person.
Note: For the meaning of identification information, see section 370.1.
376.2 False identification information—at constitutional airports
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information at a place; and
(b) the defendant does so reckless as to whether the information
is used to identify the defendant as a passenger on a flight;
and
(c) the information is identification information; and
(d) the information is false in relation to the defendant; and
(e) the place is a constitutional airport.
Penalty: Imprisonment for 12 months.
(2) Absolute liability applies to paragraph (1)(e).
Note: For absolute liability, see section 6.2.
(3) In this section:
constitutional airport means:
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(a) a Commonwealth aerodrome within the meaning of the
Crimes (Aviation) Act 1991 (see section 3 of that Act); or
(b) another airport, if the airport is in a Territory.
376.3 False identification information—air passenger tickets
obtained using a carriage service
Carriage service offence—using information to obtain an air
passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is
obtained (whether by the defendant or another person);
and
(ii) reckless as to whether the information is used to identify
the defendant, or another person, as a passenger on the
flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or
intends to take, the flight using the ticket; and
(e) a carriage service is used (whether by the defendant or
another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
Carriage service offence—taking a flight using an air passenger
ticket
(2) A person (the defendant) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the
defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a
passenger on the flight; and
(d) the information is false in relation to the defendant; and
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Chapter 9 Dangers to the community
Part 9.5 Identity crime
Division 376 False identity and air travel
Section 376.4
258 Criminal Code Act 1995
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(e) a carriage service was used (whether by the defendant or
another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
General
(3) In a prosecution for an offence against subsection (1) or (2), if the
prosecution proves beyond reasonable doubt that an air passenger
ticket was obtained, then it is presumed, unless the defendant
proves to the contrary, that a carriage service was used to obtain
the ticket.
Note: A defendant bears a legal burden in relation to the matter in this
subsection: see section 13.4.
(4) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e)
and (f).
Note: For absolute liability, see section 6.2.
376.4 False identification information—air passenger tickets for
constitutional flights
Constitutional flight offence—using information to obtain an air
passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is
obtained (whether by the defendant or another person);
and
(ii) reckless as to whether the information is used to identify
the defendant, or another person, as a passenger on the
flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or
intends to take, the flight using the ticket; and
(e) the flight is a constitutional flight.
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False identity and air travel Division 376
Section 376.5
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Penalty: Imprisonment for 12 months.
Constitutional flight offence—taking a flight using an air
passenger ticket
(2) A person (the defendant) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the
defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a
passenger on the flight; and
(d) the information is false in relation to the defendant; and
(e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
General
(3) Absolute liability applies to paragraphs (1)(e) and (2)(e).
Note: For absolute liability, see section 6.2.
(4) In this section:
constitutional flight means:
(a) a flight that starts or ends in a Territory; or
(b) a flight between Australia and a foreign country in which an
aircraft is used in the course of trade or commerce, for the
carriage of passengers; or
(c) a flight between one State and another State in which an
aircraft is used in the course of trade or commerce, for the
carriage of passengers.
376.5 False identification information—extended jurisdiction
(Category D)
Section 15.4 of the Criminal Code (extended geographical
jurisdiction—category D) applies to the offences in sections 376.3
and 376.4.
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Chapter 9 Dangers to the community
Part 9.6 Contamination of goods
Section 380.1
260 Criminal Code Act 1995
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Part 9.6—Contamination of goods
380.1 Definitions
(1) In this Part:
constitutional trade and commerce means trade and commerce:
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
contaminate goods includes:
(a) interfere with the goods; or
(b) make it appear that the goods have been contaminated or
interfered with.
goods includes any substance:
(a) whether or not for human consumption; and
(b) whether natural or manufactured; and
(c) whether or not incorporated or mixed with other goods.
(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:
(a) members of the public not purchasing or using those goods or
similar things; or
(b) steps taken to avoid public alarm or anxiety or to avoid harm
to members of the public.
380.2 Contaminating goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent:
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(i) to cause public alarm or anxiety in Australia; or
(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 15 years.
(1A) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic
loss in Australia through public awareness of the
contamination, or possible contamination, of the goods;
or
(iii) causing harm to, or creating a risk of harm to, public
health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a
foreign corporation within the meaning of
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Part 9.6 Contamination of goods
Section 380.2
262 Criminal Code Act 1995
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paragraph 51(xx) of the Constitution and the goods have
been produced, manufactured, assembled or otherwise
processed in Australia;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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;
(ix) the contamination occurs outside Australia and the
goods have been produced, manufactured, assembled or
otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
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(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to 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;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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;
(ix) the contamination occurs outside Australia and the
goods have been produced, manufactured, assembled or
otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(c) and (2A)(c).
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Part 9.6 Contamination of goods
Section 380.3
264 Criminal Code Act 1995
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380.3 Threatening to contaminate goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated;
and
(b) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(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 15 years.
(1A) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated;
and
(b) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic
loss in Australia through public awareness of the
contamination, or possible contamination, of the goods;
or
(iii) causing harm to, or creating a risk of harm to, public
health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated;
and
(b) the person does so with intent to cause:
(i) public alarm or anxiety; or
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(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to 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;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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;
(ix) the person makes the threat in Australia using a postal
or other like service or an electronic communication;
(x) the person makes the threat outside Australia and the
goods have been produced, manufactured, assembled or
otherwise processed in Australia;
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(xi) the loss is a loss to the Commonwealth or a
Commonwealth authority;
(xii) the threat is made to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated;
and
(b) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to 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;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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
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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;
(ix) the person makes the threat in Australia using a postal
or other like service or an electronic communication;
(x) the person makes the threat outside Australia and the
goods have been produced, manufactured, assembled or
otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a
Commonwealth authority;
(xii) the threat is made to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(c) and (2A)(c).
380.4 Making false statements about contamination of goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person makes a statement that the person believes to be
false; and
(b) the person does so with the intention of inducing the person
to whom the statement is made or others to believe that
goods have been contaminated; and
(c) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(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.
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Part 9.6 Contamination of goods
Section 380.4
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Penalty: Imprisonment for 15 years.
(1A) A person commits an offence if:
(a) the person makes a statement that the person believes to be
false; and
(b) the person does so with the intention of inducing the person
to whom the statement is made or others to believe that
goods have been contaminated; and
(c) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic
loss in Australia through public awareness of the
contamination, or possible contamination, of the goods;
or
(iii) causing harm to, or creating a risk of harm to, public
health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person makes a statement that the person believes to be
false; and
(b) the person does so with the intention of inducing the person
to whom the statement is made or others to believe that
goods have been contaminated; and
(c) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
(d) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a
foreign corporation within the meaning of
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paragraph 51(xx) of the Constitution and the goods have
been produced, manufactured, assembled or otherwise
processed in Australia;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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;
(ix) the person makes the statement in Australia using a
postal or other like service or an electronic
communication;
(x) the person makes the statement outside Australia and
the goods have been produced, manufactured,
assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a
Commonwealth authority;
(xii) the statement is made to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
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(a) the person makes a statement that the person believes to be
false; and
(b) the person does so with the intention of inducing the person
to whom the statement is made or others to believe that
goods have been contaminated; and
(c) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the
contamination, or possible contamination, of the goods;
and
(d) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to 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;
(iii) the goods belong to a constitutional corporation (other
than a foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(iv) the goods belong to 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;
(v) the person is a constitutional corporation (other than a
foreign corporation within the meaning of
paragraph 51(xx) of the Constitution);
(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;
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(viii) the goods are in the course of, or intended for,
constitutional trade and commerce;
(ix) the person makes the statement in Australia using a
postal or other like service or an electronic
communication;
(x) the person makes the statement outside Australia and
the goods have been produced, manufactured,
assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a
Commonwealth authority;
(xii) the statement is made to the Commonwealth or a
Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(d) and (2A)(d).
(4) For the purposes of this section, making a statement includes
conveying information by any means.
380.5 Extended geographical jurisdiction—category D
Section 15.4 (extended geographical jurisdiction—category D)
applies to an offence against section 380.2, 380.3 or 380.4.
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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:
(a) a State offence of conspiring to commit the primary offence;
or
(b) a State offence of aiding, abetting, counselling or procuring,
or being in any way knowingly concerned in, the commission
of the primary offence; or
(c) a State offence of attempting to commit the primary offence.
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.
close family member of a person means:
(a) the person’s spouse or de facto partner; or
(b) a parent, step-parent or grandparent of the person; or
(c) a child, step-child or grandchild of the person; or
(d) a brother, sister, stepbrother or stepsister of the person; or
(e) a guardian or carer of the person.
Commonwealth place has the same meaning as in the
Commonwealth Places (Application of Laws) Act 1970.
constitutionally covered offence punishable by imprisonment for
at least 12 months means:
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(a) any of the following offences that is punishable on
conviction by imprisonment for at least 12 months or for life:
(i) an offence against a law of the Commonwealth;
(ii) a State offence that has a federal aspect;
(iii) an offence against a law of a Territory; or
(b) a foreign offence that is constituted by conduct that, if
engaged in in Australia, would constitute an Australian
offence punishable on conviction by imprisonment for at
least 12 months or for life.
constitutionally covered offence punishable by imprisonment for
at least 3 years means:
(a) any of the following offences that is punishable on
conviction by imprisonment for at least 3 years or for life:
(i) an offence against a law of the Commonwealth;
(ii) a State offence that has a federal aspect;
(iii) an offence against a law of a Territory; or
(b) a foreign offence that is constituted by conduct that, if
engaged in in Australia, would constitute an Australian
offence punishable on conviction by imprisonment for at
least 3 years or for life.
electronic communication means a communication of information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or
otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
federal aspect has the meaning given by section 390.2.
foreign offence means an offence against a law of a foreign
country or part of a foreign country.
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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:
(a) the organisation receiving directly or indirectly a significant
benefit of any kind; or
(b) at least one member of the organisation receiving (in his or
her capacity as such a member) directly or indirectly a
significant benefit of any kind.
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:
(a) an Australian offence punishable on conviction by
imprisonment for at least 3 years or for life; or
(b) a foreign offence punishable on conviction (however
described) by imprisonment for at least 3 years or for life or
by death.
State offence means an offence against a law of a State.
(2) For the purposes of the definition of close family member in
subsection (1), if one person is the child of another person because
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:
(a) a reference in this Division to an organisation is a reference
to an organisation however it is organised; and
(b) a reference in this Division to a person includes a reference
to a person outside Australia.
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:
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(a) they potentially fall within Commonwealth legislative power
because of the elements of the State offence; or
(b) they potentially fall within Commonwealth legislative power
because of the circumstances in which the State offence is
committed (whether or not those circumstances are expressed
to be acts or omissions involved in committing the offence).
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:
(a) both:
(i) the State offence is not an ancillary offence; and
(ii) assuming that the provision creating the State offence
had been enacted by the Parliament of the
Commonwealth instead of by the Parliament of the
State—the provision would have been a valid law of the
Commonwealth; or
(b) both:
(i) the State offence is an ancillary offence that relates to a
particular primary offence; and
(ii) assuming that the provision creating the primary offence
had been enacted by the Parliament of the
Commonwealth instead of by the Parliament of the
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).
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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:
(a) affects the interests of:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
(b) was engaged in by a constitutional corporation; or
(c) was engaged in in a Commonwealth place; or
(d) involved the use of a postal service or other like service; or
(e) involved an electronic communication; or
(f) involved trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or
between 2 Territories; or
(g) involved:
(i) banking (other than State banking not extending beyond
the limits of the State concerned); or
(ii) insurance (other than State insurance not extending
beyond the limits of the State concerned); or
(h) relates to a matter outside Australia; or
(i) relates to a matter in respect of which an international
agreement to which Australia is a party imposes obligations
to which effect could be given by the creation of an offence
against the domestic laws of the parties to the agreement; or
(j) relates to a matter that affects the relations between Australia
and another country or countries or is otherwise a subject of
international concern.
(5) Subsection (4) does not limit paragraph (2)(c).
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Subdivision B—Offences
390.3 Associating in support of serious organised criminal activity
(1) A person (the first person) commits an offence if:
(a) the first person associates on 2 or more occasions with
another person (the second person); and
(b) the second person engages, or proposes to engage, in conduct
(the second person’s conduct) that constitutes, or is part of
conduct constituting, an offence against any law; and
(c) the associations facilitate the engagement or proposed
engagement by the second person in the second person’s
conduct; and
(d) the offence against any law mentioned in paragraph (b)
involves 2 or more persons; and
(e) the offence against any law mentioned in paragraph (b) is a
constitutionally covered offence punishable by imprisonment
for at least 3 years.
Penalty: Imprisonment for 3 years.
Repeat offence
(2) A person (the first person) commits an offence if:
(a) the first person has previously been convicted of an offence
against subsection (1); and
(b) the first person associates with another person (the second
person); and
(c) the second person engages, or proposes to engage, in conduct
(the second person’s conduct) that constitutes, or is part of
conduct constituting, an offence against any law; and
(d) the association facilitates the engagement or proposed
engagement by the second person in the second person’s
conduct; and
(e) the offence against any law mentioned in paragraph (c)
involves 2 or more persons; and
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(f) the offence against any law mentioned in paragraph (c) is a
constitutionally covered offence punishable by imprisonment
for at least 3 years.
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:
(a) the association is with a close family member and relates
only to a matter that could reasonably be regarded (taking
into account the person’s cultural background) as a matter of
family or domestic concern; or
(b) the association is in a place being used for public religious
worship and takes place in the course of practising a religion;
or
(c) the association is only for the purpose of providing aid of a
humanitarian nature; or
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(d) the association is only for the purpose of providing legal
advice or legal representation in connection with judicial or
administrative proceedings under a law of the
Commonwealth, a State, a Territory or a foreign country; or
(e) the association is reasonable in the circumstances.
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
(7) A person who is convicted of an offence against subsection (1) or
(2) in relation to the person’s conduct on 2 or more occasions is not
liable to be punished for an offence against subsection (1) or (2) for
other conduct of the person that takes place:
(a) at the same time as that conduct; or
(b) within 7 days before or after any of those occasions.
(8) This section does not apply to the extent (if any) that it would
infringe any constitutional doctrine of implied freedom of political
communication.
390.4 Supporting a criminal organisation
(1) A person commits an offence if:
(a) the person provides material support or resources to an
organisation or a member of an organisation; and
(b) either:
(i) the provision of the support or resources aids; or
(ii) there is a risk that the provision of the support or
resources will aid;
the organisation to engage in conduct constituting an offence
against any law; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the
engagement in conduct, or engaging in conduct, constituting
an offence against any law that is, or would if committed be,
for the benefit of the organisation; and
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(e) the offence against any law mentioned in paragraph (d) is an
offence against any law punishable by imprisonment for at
least 3 years; and
(f) the offence against any law mentioned in paragraph (b) is a
constitutionally covered offence punishable by imprisonment
for at least 12 months.
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:
(a) the person commits an offence against any law (the
underlying offence); and
(b) the underlying offence is for the benefit of an organisation;
and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the
engagement in conduct, or engaging in conduct, constituting
an offence against any law that is, or would if committed be,
for the benefit of the organisation; and
(e) the offence against any law mentioned in paragraph (d) is an
offence against any law punishable by imprisonment for at
least 3 years; and
(f) the underlying offence is a constitutionally covered offence
punishable by imprisonment for at least 12 months.
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Penalty: Imprisonment for 7 years.
Offence committed at the direction of an organisation
(2) A person commits an offence if:
(a) the person commits an offence against any law (the
underlying offence); and
(b) the person engaged in the conduct constituting the underlying
offence at the direction of an organisation or of a member of
an organisation; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the
engagement in conduct, or engaging in conduct, constituting
an offence against any law that is, or would if committed be,
for the benefit of the organisation; and
(e) the offence against any law mentioned in paragraph (d) is an
offence against any law punishable by imprisonment for at
least 3 years; and
(f) the underlying offence is a constitutionally covered offence
punishable by imprisonment for at least 12 months.
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
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(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:
(a) the person directs one or more activities of an organisation;
and
(b) either:
(i) the activity or activities directed aid; or
(ii) there is a risk that the activity or activities directed will
aid;
the organisation to engage in conduct constituting an offence
against any law; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the
engagement in conduct, or engaging in conduct, constituting
an offence against any law that is, or would if committed be,
for the benefit of the organisation; and
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(e) the offence against any law mentioned in paragraph (d) is an
offence against any law punishable by imprisonment for at
least 3 years; and
(f) the offence against any law mentioned in paragraph (b) is a
constitutionally covered offence punishable by imprisonment
for at least 12 months.
Penalty: Imprisonment for 10 years.
(2) A person commits an offence if:
(a) the person directs one or more activities of an organisation;
and
(b) the activity or activities directed constitute an offence against
any law; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the
engagement in conduct, or engaging in conduct, constituting
an offence against any law that is, or would if committed be,
for the benefit of the organisation; and
(e) the offence against any law mentioned in paragraph (d) is an
offence against any law punishable by imprisonment for at
least 3 years; and
(f) the offence against any law mentioned in paragraph (b) is a
constitutionally covered offence punishable by imprisonment
for at least 12 months.
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.
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390.7 Extended geographical jurisdiction—category C
Section 15.3 (extended geographical jurisdiction—category C)
applies to an offence against this Division.
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Money laundering Part 10.2
Money laundering Division 400
Section 400.1
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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:
(a) a body corporate that is an ADI for the purposes of the
Banking Act 1959; or
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of
paragraph 51(xiii) of the Constitution.
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:
(a) any transaction made at an ADI; and
(b) any transaction involving a money order.
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.
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Part 10.2 Money laundering
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Section 400.1
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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:
(a) a law of the Commonwealth; or
(b) a law of a State or Territory connected with the offence;
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.
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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).
(2) To avoid doubt, a reference in this Division to money or other
property includes a reference to financial instruments, cards and
other objects that represent money or can be exchanged for money,
whether or not they have intrinsic value.
(3) For the purposes of the definition of foreign indictable offence in
subsection (1), a State or Territory is connected with the offence if:
(a) a dealing in money or property takes place in the State or
Territory; and
(b) the money or property would be proceeds of crime, or could
become an instrument of crime, in relation to the offence if
the offence were a foreign indictable offence.
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:
(a) receives, possesses, conceals or disposes of money or other
property;
(b) imports money or other property into Australia;
(c) exports money or other property from Australia;
(d) engages in a banking transaction relating to money or other
property.
400.2A Application of offences relating to possible instruments of
crime
(1) This section affects the application of sections 400.3, 400.4, 400.5,
400.6, 400.7 and 400.8 so far as they relate to a person dealing
with money or other property that:
(a) is intended by the person to become an instrument of crime;
or
(b) is at risk of becoming an instrument of crime.
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(2) Those sections apply if at least one of the circumstances described
in subsections (3) and (4) exists.
(3) One circumstance is that money or other property is intended to
become, or at risk of becoming, an instrument of crime in relation
to an offence that is:
(a) a Commonwealth indictable offence; or
(b) a foreign indictable offence; or
(c) a State indictable offence that has a federal aspect; or
(d) an Australian Capital Territory indictable offence; or
(e) a Northern Territory indictable offence.
Note: The prosecution need not prove the existence of any fault element for
the nature of the offence: see section 400.11.
(4) Another circumstance is that the dealing with the money or other
property occurs:
(a) in the course of or for the purposes of importation of goods
into, or exportation of goods from, Australia; or
(b) by means of a communication using a postal, telegraphic,
telephonic or other like service within the meaning of
paragraph 51(v) of the Constitution; or
(c) in the course of banking (other than State banking that does
not extend beyond the limits of the State concerned); or
(d) outside Australia.
(5) Absolute liability applies to subsections (3) and (4).
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 commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime; and
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(c) at the time of the dealing, the value of the money and other
property is $1,000,000 or more.
Penalty: Imprisonment for 25 years, or 1500 penalty units, or
both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $1,000,000 or more.
Penalty: Imprisonment for 12 years, or 720 penalty units, or both.
(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $1,000,000 or more.
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.
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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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.4 Dealing in proceeds of crime etc.—money or property worth
$100,000 or more
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime; and
(c) at the time of the dealing, the value of the money and other
property is $100,000 or more.
Penalty: Imprisonment for 20 years, or 1200 penalty units, or
both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 10 years, or 600 penalty units, or both.
(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
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(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.5 Dealing in proceeds of crime etc.—money or property worth
$50,000 or more
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime; and
(c) at the time of the dealing, the value of the money and other
property is $50,000 or more.
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
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(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $50,000 or more.
Penalty: Imprisonment for 7 years, or 420 penalty units, or both.
(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $50,000 or more.
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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.6 Dealing in proceeds of crime etc.—money or property worth
$10,000 or more
(1) A person commits an offence if:
(a) the person deals with money or other property; and
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(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime; and
(c) at the time of the dealing, the value of the money and other
property is $10,000 or more.
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $10,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $10,000 or more.
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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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.7 Dealing in proceeds of crime etc.—money or property worth
$1,000 or more
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime; and
(c) at the time of the dealing, the value of the money and other
property is $1,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $1,000 or more.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
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(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
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 $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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.8 Dealing in proceeds of crime etc.—money or property of any
value
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is, and the person believes it to
be, proceeds of crime; or
(ii) the person intends that the money or property will
become an instrument of crime.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
(2) A person commits an offence if:
(a) the person deals with money or other property; and
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(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is reckless as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
that it will become an instrument of crime (as the case
requires).
Penalty: Imprisonment for 6 months, or 30 penalty units, or both.
(3) A person commits an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an
instrument of crime; and
(c) the person is negligent as to the fact that the money or
property is proceeds of crime or the fact that there is a risk
that it will become an instrument of crime (as the case
requires).
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:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.
400.9 Dealing with property reasonably suspected of being proceeds
of crime etc.
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is
proceeds of crime; and
(c) at the time of the dealing, the value of the money and other
property is $100,000 or more.
Penalty: Imprisonment for 3 years, or 180 penalty units, or both.
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(1A) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is
proceeds of crime; and
(c) at the time of the dealing, the value of the money and other
property is less than $100,000.
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
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
(c) the value of the money and property involved in the conduct
is, in the opinion of the trier of fact, grossly out of proportion
to the defendant’s income and expenditure over a reasonable
period within which the conduct occurs; or
(d) the conduct involves a significant cash transaction within the
meaning of the Financial Transaction Reports Act 1988, and
the defendant:
(i) has contravened his or her obligations under that Act
relating to reporting the transaction; or
(ii) has given false or misleading information in purported
compliance with those obligations; or
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(da) the conduct involves a threshold transaction (within the
meaning of the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006) and the defendant:
(i) has contravened the defendant’s obligations under that
Act relating to reporting the transaction; or
(ii) has given false or misleading information in purported
compliance with those obligations; or
(e) the defendant:
(i) has stated that the conduct was engaged in on behalf of
or at the request of another person; and
(ii) has not provided information enabling the other person
to be identified and located.
(4) Absolute liability applies to paragraphs (1)(b) and (c) and (1A)(b)
and (c).
(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:
(a) at or before the time of dealing with the money or property,
the person considered what was the value of the money or
property, and was under a mistaken but reasonable belief
about that value; and
(b) had the value been what the person believed it to be, the
person’s conduct would have constituted another offence
against this Division for which the maximum penalty, in
penalty units, is less than the maximum penalty, in penalty
units, for the offence charged.
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
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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 commit 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:
(a) he or she had considered, on a previous occasion, what the
value of the money or property was in the circumstances
surrounding that occasion; and
(b) he or she honestly and reasonably believed that the
circumstances surrounding the present occasion were the
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:
(a) whether an offence may be dealt with as an indictable
offence;
(b) whether an offence is an indictable offence;
(c) whether an offence is a Commonwealth indictable offence;
(d) whether an offence is a foreign indictable offence;
(e) whether an offence is a State indictable offence;
(f) whether an offence is an Australian Capital Territory
indictable offence;
(g) whether an offence is a Northern Territory indictable offence.
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400.12 Combining several contraventions in a single charge
(1) A single charge of an offence against a provision of this Division
may be about 2 or more instances of the defendant engaging in
conduct (at the same time or different times) that constitutes an
offence against a provision of this Division.
(2) If:
(a) a single charge is about 2 or more such instances; and
(b) the value of the money and other property dealt with is an
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
(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:
(a) an intention or risk that a particular offence will be
committed in relation to the money or property; or
(b) an intention or risk that a particular person will commit an
offence in relation to the money or property.
400.14 Alternative verdicts
If, on a trial for an offence against a provision of this Division (the
offence charged), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence
charged; but
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(b) is otherwise satisfied that the defendant is guilty of another
offence against this Division for which the maximum
penalty, in penalty units, is less than the maximum penalty,
in penalty units, for the offence charged;
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:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an
Australian ship; or
(b) the conduct constituting the alleged offence occurs wholly
outside Australia (but not on board an Australian aircraft or
an Australian ship) and the money or other property:
(i) is proceeds of crime; or
(ii) is intended to become an instrument of crime; or
(iii) is at risk of becoming an instrument of crime;
in relation to a Commonwealth indictable offence, a State
indictable offence, an Australian Capital Territory indictable
offence or a Northern Territory indictable offence; or
(c) the conduct constituting the alleged offence occurs wholly
outside Australia and:
(i) at the time of the alleged offence, the person is an
Australian citizen; or
(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:
(i) the alleged offence is an ancillary offence;
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(ii) the conduct constituting the alleged offence occurs
wholly outside Australia;
(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 does not commit an offence against this Division if:
(a) the alleged offence is a primary offence; and
(b) the conduct constituting the alleged offence occurs wholly in
a foreign country, but not on board an Australian aircraft or
an Australian ship; and
(c) paragraph (1)(b) of this section does not apply; and
(d) the person is neither:
(i) an Australian citizen; nor
(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:
(i) the foreign country where the conduct constituting the
alleged offence occurs; or
(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.
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Defence—ancillary offence
(4) A person does not commit an offence against this Division if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in
a foreign country, but not on board an Australian aircraft or
an Australian ship; and
(c) the conduct constituting the primary offence to which the
ancillary offence relates occurs, or is intended by the person
to occur, wholly in a foreign country, but not on board an
Australian aircraft or an Australian ship; and
(d) paragraph (1)(b) of this section does not apply (and would
not apply if the conduct described in paragraph (c) of this
subsection occurred as intended); and
(e) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the
Commonwealth or of a State or Territory; and
(f) there is not in force in:
(i) the foreign country where the conduct constituting the
primary offence to which the ancillary offence relates
occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct
constituting the primary offence to which the ancillary
offence relates or is intended by the person to occur;
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.
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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.
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Part 10.5—Postal services
Division 470—Preliminary
470.1 Definitions
In this Part:
AFP Minister means the Minister administering the Australian
Federal Police Act 1979.
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:
(a) belongs to, or is in the possession of, Australia Post; and
(b) is used, or intended for use, in the carriage of articles by post
(whether or not it actually contains such articles).
postage stamp has the same meaning as in the Australian Postal
Corporation Act 1989.
postal message means:
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(a) a material record of an unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by
post; or
(b) a material record issued by Australia Post as a record of an
unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by
post.
postal or similar service means:
(a) a postal service (within the meaning of paragraph 51(v) of
the Constitution); or
(b) a courier service, to the extent to which the service is a postal
or other like service (within the meaning of paragraph 51(v)
of the Constitution); or
(c) a packet or parcel carrying service, to the extent to which the
service is a postal or other like service (within the meaning of
paragraph 51(v) of the Constitution); or
(d) any other service that is a postal or other like service (within
the meaning of paragraph 51(v) of the Constitution); or
(e) a courier service that is provided by a constitutional
corporation; or
(f) a packet or parcel carrying service that is provided by a
constitutional corporation; or
(g) a courier service that is provided in the course of, or in
relation to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2
Territories; or
(h) a packet or parcel carrying service that is provided in the
course of, or in relation to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2 Territories.
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property has the same meaning as in Chapter 7.
unwritten communication has the same meaning as in the
Australian Postal Corporation Act 1989.
470.2 Dishonesty
For the purposes of this Part, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the
standards of ordinary people.
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.
(2) A reference in Subdivision B or C of Division 471 to a person
having possession or control of material includes a reference to the
person:
(a) having possession of a computer or data storage device that
holds or contains the material; or
(b) having possession of a document in which the material is
recorded; or
(c) having control of material held in a computer that is in the
possession of another person (whether inside or outside
Australia).
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(3) A reference in Subdivision B or C of Division 471 to a person
producing, supplying or obtaining material includes a reference to
the person:
(a) producing, supplying or obtaining material held or contained
in a computer or data storage device; or
(b) producing, supplying or obtaining a document in which the
material is recorded.
(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.
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Division 471—Postal offences
Subdivision A—General postal offences
471.1 Theft of mail-receptacles, articles or postal messages
(1) A person commits an offence if:
(a) the person dishonestly appropriates:
(i) a mail-receptacle; or
(ii) an article in the course of post (including an article that
appears to have been lost or wrongly delivered by or on
behalf of Australia Post or lost in the course of delivery
to Australia Post); or
(iii) a postal message; and
(b) the person does so with the intention of permanently
depriving another person of the mail-receptacle, article or
postal message.
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:
(a) a person appropriates a mail-receptacle, article or postal
message without meaning another permanently to lose the
thing itself; and
(b) the person’s intention is to treat the thing as the person’s own
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 commits 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:
(a) it is original stolen property (as defined by subsection (3)); or
(b) it is tainted property (as defined by subsection (5)).
This subsection has effect subject to subsection (4).
Original stolen property
(3) For the purposes of this section, original stolen property is
property, or a part of property, that:
(a) was appropriated in the course of an offence against
section 471.1 (whether or not the property, or the part of the
property, is in the state it was in when it was so
appropriated); and
(b) is in the possession or custody of the person who so
appropriated the property.
(4) For the purposes of this section, property ceases to be original
stolen property:
(a) after the property is restored:
(i) to the person from whom it was appropriated; or
(ii) to other lawful possession or custody; or
(b) after:
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(i) the person from whom the property was appropriated
ceases to have any right to restitution in respect of the
property; or
(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:
(a) is (in whole or in part) the proceeds of sale of, or property
exchanged for, original stolen property; and
(b) is in the possession or custody of the person who so
appropriated the original stolen property.
Alternative verdicts
(6) If, in a prosecution for an offence against section 471.1, 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 this section, the trier of fact may find the defendant
not guilty of the offence against section 471.1 but guilty of the
offence against this section, so long as the defendant has been
accorded procedural fairness in relation to that finding of guilt.
(7) If, in a prosecution for an offence against 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 against section 471.1, the trier of fact may find the
defendant not guilty of the offence against this section but guilty of
the offence against section 471.1, so long as the defendant has been
accorded procedural fairness in relation to that finding of guilt.
Receiving stolen property before commencement
(8) For the purposes of this section:
(a) it is to be assumed that section 471.1 had been in force at all
times before the commencement of this section; and
(b) property that was appropriated at a time before the
commencement of this section does not become stolen
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property unless the property was appropriated in
circumstances that (apart from paragraph (a)) amounted to an
offence against a law of the Commonwealth in force at that
time.
471.3 Taking or concealing of mail-receptacles, articles or postal
messages
A person commits an offence if the person dishonestly takes or
conceals:
(a) a mail-receptacle; or
(b) an article in the course of post (including an article that
appears to have been lost or wrongly delivered by or on
behalf of Australia Post or lost in the course of delivery to
Australia Post); or
(c) a postal message.
Penalty: Imprisonment for 5 years.
471.4 Dishonest removal of postage stamps or postmarks
A person commits an offence if the person dishonestly:
(a) removes any postage stamp affixed to, or printed on, an
article; or
(b) removes any postmark from a postage stamp that has
previously been used for postal services.
Penalty: Imprisonment for 12 months.
471.5 Dishonest use of previously used, defaced or obliterated
stamps
(1) A person commits an offence if the person dishonestly uses for
postal services a postage stamp:
(a) that has previously been used for postal services; or
(b) that has been obliterated; or
(c) that has been defaced.
Penalty: Imprisonment for 12 months.
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(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:
(a) that had previously been used for postal services; or
(b) that had been obliterated; or
(c) that had been defaced;
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 commits an offence if:
(a) the person engages in conduct; and
(b) the person’s conduct causes damage to, or the destruction of:
(i) a mail-receptacle; or
(ii) an article in the course of post (including an article that
appears to have been lost or wrongly delivered by or on
behalf of Australia Post or lost in the course of delivery
to Australia Post); or
(iii) a postal message; and
(c) the person:
(i) intends that his or her conduct cause that damage; or
(ii) is reckless as to whether his or her conduct causes that
damage.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this section, a person’s conduct is taken to
cause the destruction of a thing if the person’s conduct causes the
physical loss of the thing by interfering with the thing (including
by removing any restraint over the thing or abandoning the thing).
(3) For the purposes of this section, a person’s conduct is taken to
cause damage to a thing if:
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(a) the person’s conduct causes any loss of a use of the function
of the thing by interfering with the thing; or
(b) the person’s conduct causes the thing to be defaced.
471.7 Tampering with mail-receptacles
(1) A person commits an offence if the person dishonestly:
(a) opens a mail-receptacle; or
(b) tampers with a mail-receptacle.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if:
(a) the person intentionally opens a mail-receptacle; and
(b) the person is not authorised by Australia Post to open the
mail-receptacle; and
(c) the person does so knowing that he or she is not authorised
by Australia Post to open the mail-receptacle.
Penalty: Imprisonment for 2 years.
471.8 Dishonestly obtaining delivery of articles
A person commits 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 commits an offence if:
(a) the person causes an article to be carried by a postal or
similar service; and
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(b) the person does so with the intention of inducing a false
belief that:
(i) the article consists of, encloses or contains an explosive
or a dangerous or harmful substance or thing; or
(ii) an explosive, or a dangerous or harmful substance or
thing, has been or will be left in any place.
Penalty: Imprisonment for 10 years.
(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) commits an offence if:
(a) the first person uses a postal or similar service to make to
another person (the second person) a threat to kill the second
person or a third person; and
(b) the first person intends the second person to fear that the
threat will be carried out.
Penalty: Imprisonment for 10 years.
Threat to cause serious harm
(2) A person (the first person) commits an offence if:
(a) the first person uses a postal or similar service to make to
another person (the second person) a threat to cause serious
harm to the second person or a third person; and
(b) the first person intends the second person to fear that the
threat will be carried out.
Penalty: Imprisonment for 7 years.
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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.
471.12 Using a postal or similar service to menace, harass or cause
offence
A person commits an offence if:
(a) the person uses a postal or similar service; and
(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 2 years.
471.13 Causing a dangerous article to be carried by a postal or
similar service
Offence
(1) A person (the first person) commits an offence if:
(a) the first person causes an article to be carried by a postal or
similar service; and
(b) the person does so in a way that gives rise to a danger of
death or serious harm to another person; and
(c) the first person is reckless as to the danger of death or serious
harm.
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Penalty: Imprisonment for 10 years.
Danger of death or serious harm
(2) For the purposes of this section, if a person’s conduct exposes
another person to the risk of catching a disease that may give rise
to a danger of death or serious harm to the other person, the
conduct is taken to give rise to a danger of death or serious harm to
the other person.
(3) For the purposes of this section, a person’s conduct gives rise to a
danger of death or serious harm if the conduct is ordinarily capable
of creating a real, and not merely a theoretical, danger of death or
serious harm.
(4) For the purposes of this section, a person’s conduct may give rise
to a danger of death or serious harm whatever the statistical or
arithmetical calculation of the degree of risk of death or serious
harm involved.
(5) In a prosecution for an offence against subsection (1), it is not
necessary to prove that a specific person was actually placed in
danger of death or serious harm by the conduct concerned.
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 commits an offence if:
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(a) the person causes an article to be carried by post; and
(b) the article consists of, encloses or contains:
(i) an explosive; or
(ii) a dangerous or harmful substance or thing that the
regulations say must not, without exception, be carried
by post.
Penalty: Imprisonment for 10 years.
Geographical jurisdiction
(2) Section 15.3 (extended geographical jurisdiction—category C)
applies to an offence against subsection (1).
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:
(a) the person causes an article to be carried by a postal or
similar service; and
(b) the article is, or contains, child pornography material.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person requests another person to cause an article to be
carried by a postal or similar service; and
(b) the article is, or contains, child pornography material.
Penalty: Imprisonment for 15 years.
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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:
(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material is child pornography material; and
(c) the person has that possession or control, or engages in that
production, supply or obtaining, with the intention that the
material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 471.16 (using a
postal or similar service for child pornography material).
Penalty: Imprisonment for 15 years.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 471.16 (using a
postal or similar service for child pornography material) is
impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
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:
(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not
criminally responsible for the offence, the question whether the
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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:
(a) enforcing a law of the Commonwealth, a State or a Territory;
or
(b) monitoring compliance with, or investigating a contravention
of, a law of the Commonwealth, a State or a Territory; or
(c) the administration of justice; or
(d) conducting scientific, medical or educational research that
has been approved by the AFP Minister in writing for the
purposes of this section.
(3) 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) if:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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:
(a) the person causes an article to be carried by a postal or
similar service; and
(b) the article is, or contains, child abuse material.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
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(a) the person requests another person to cause an article to be
carried by a postal or similar service; and
(b) the article is, or contains, child abuse material.
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:
(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material is child abuse material; and
(c) the person has that possession or control, or engages in that
production, supply or obtaining, with the intention that the
material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 471.19 (using a
postal or similar service for child abuse material).
Penalty: Imprisonment for 15 years.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 471.19 (using a
postal or similar service for child abuse material) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
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:
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(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not
criminally responsible for the offence, the question whether the
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:
(a) enforcing a law of the Commonwealth, a State or a Territory;
or
(b) monitoring compliance with, or investigating a contravention
of, a law of the Commonwealth, a State or a Territory; or
(c) the administration of justice; or
(d) conducting scientific, medical or educational research that
has been approved by the AFP Minister in writing for the
purposes of this section.
(3) 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) if:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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:
(a) the person commits an offence against one or more of the
following provisions on 3 or more separate occasions:
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(i) section 471.16 (using a postal or similar service for
child pornography materian( �
(ii) section 471.17 (possessing etc. child pornography
material for use through a postal or similar service);
(iii) section 471.19 (using a postal or similar service for
child abuse materian( �
(iv) section 471.20 (possessing etc. child abuse material for
use through a postal or similar service); and
(b) the commission of each such offence involves 2 or more
people.
Penalty: Imprisonment for 25 years.
(2) There is no fault element for any of the physical elements
described in paragraph (1)(a) other than the fault elements
(however described), if any, for the offence against section 471.16,
471.17, 471.19 or 471.20.
(3) To avoid doubt, a person does not commit an offence against
section 471.16, 471.17, 471.19 or 471.20 for the purposes of
paragraph (1)(a) if the person has a defence to that offence.
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 471.16, 471.17, 471.19 or 471.20 in
relation to the conduct that constituted the aggravated offence.
(6) Subsection (5) does not prevent an alternative verdict under
section 471.23.
(7) A person who has been convicted or acquitted of an offence (the
underlying offence) against section 471.16, 471.17, 471.19 or
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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:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of
an offence (the underlying offence) against section 471.16,
471.17, 471.19 or 471.20;
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:
(a) the sender causes an article to be carried by a postal or
similar service to another person (the recipient); and
(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 15 years.
(2) 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
(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with another person (the
participant); and
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(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the participant is someone who is, or who the sender believes
to be, at least 18.
Penalty: Imprisonment for 15 years.
(3) 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
(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with another person;
and
(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the other person referred to in paragraph (b) is someone who
is, or who the sender believes to be, under 18; and
(e) the sender intends that the sexual activity referred to in
paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the
sender believes to be, at least 18.
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
(b) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with the
sender; and
(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 12 years.
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Section 471.26
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(2) 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
(b) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with
another person (the participant); and
(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the participant is someone who is, or who the sender believes
to be, at least 18.
Penalty: Imprisonment for 12 years.
(3) 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
(b) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with
another person; and
(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the other person referred to in paragraph (b) is someone who
is, or who the sender believes to be, under 18; and
(e) the sender intends that the sexual activity referred to in
paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the
sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
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:
(a) the sender causes an article to be carried by a postal or
similar service to another person (the recipient); and
(b) the article is, or contains, material that is indecent; and
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(c) the recipient is someone who is, or who the sender believes
to be, under 16; and
(d) the sender is at least 18.
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.
(3) In this section:
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.
Proof of belief about age—evidence of representation
(3) For the purposes of this Subdivision, evidence that the recipient
was represented to the sender as being under or of a particular age
is, in the absence of evidence to the contrary, proof that the sender
believed the recipient to be under or of that age.
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(4) For the purposes of sections 471.24 and 471.25, evidence that the
participant was represented to the sender as being:
(a) at least 18; or
(b) over or of a particular age;
is, in the absence of evidence to the contrary, proof that the sender
believed the participant to be at least 18 or over or of that particular
age.
Determining age—admissible evidence
(5) In determining for the purposes of this Subdivision how old a
person is or was at a particular time, a jury or court may treat any
of the following as admissible evidence:
(a) the person’s appearance;
(b) medical or other scientific opinion;
(c) a document that is or appears to be an official or medical
record from a country outside Australia;
(d) a document that is or appears to be a copy of such a record.
(6) Subsection (5) does not make any other kind of evidence
inadmissible, and does not affect a prosecutor’s duty to do all he or
she can to adduce the best possible evidence for determining the
question.
(7) If, on a trial for an offence against this Subdivision, evidence may
be treated as admissible because of subsection (5), the court must
warn the jury that it must be satisfied beyond reasonable doubt in
determining the question.
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.
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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.
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.
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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:
(a) Part VIIA of the Crimes Act 1914; or
(b) the Australian Postal Corporation Act 1989;
this Part is to be disregarded.
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Part 10.6—Telecommunications Services
Division 473—Preliminary
473.1 Definitions
In this Part:
access in relation to material includes:
(a) the display of the material by a computer or any other output
of the material from a computer; or
(b) the copying or moving of the material to any place in a
computer or to a data storage device; or
(c) in the case of material that is a program—the execution of
the program.
account identifier means:
(a) something that:
(i) contains subscription-specific secure data; and
(ii) is installed, or capable of being installed, in a mobile
telecommunications device; or
(b) anything else that:
(i) allows a particular mobile telecommunications account
to be identified; and
(ii) is prescribed by the regulations as an account identifier
for the purposes of this Part.
Note: Paragraph (a)—This would include a SIM card.
AFP Minister means the Minister administering the Australian
Federal Police Act 1979.
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.
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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.
carry includes transmit, switch and receive.
child abuse material means:
(a) material that depicts a person, or a representation of a person,
who:
(i) is, or appears to be, under 18 years of age; and
(ii) is, or appears to be, a victim of torture, cruelty or
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:
(i) is, or is implied to be, under 18 years of age; and
(ii) is, or is implied to be, a victim of torture, cruelty or
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:
(i) is engaged in, or appears to be engaged in, a sexual pose
or sexual activity (whether or not in the presence of
other persons); or
(ii) is in the presence of a person who is engaged in, or
appears to be engaged in, a sexual pose or sexual
activity;
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:
(i) a sexual organ or the anal region of a person who is, or
appears to be, under 18 years of age; or
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(ii) a representation of such a sexual organ or anal region;
or
(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
(c) material that describes a person who is, or is implied to be,
under 18 years of age and who:
(i) is engaged in, or is implied to be engaged in, a sexual
pose or sexual activity (whether or not in the presence
of other persons); or
(ii) is in the presence of a person who is engaged in, or is
implied to be engaged in, a sexual pose or sexual
activity;
and does this in a way that reasonable persons would regard
as being, in all the circumstances, offensive; or
(d) material that describes:
(i) a sexual organ or the anal region of a person who is, or
is implied to be, under 18 years of age; or
(ii) the breasts of a female person who is, or is implied to
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.
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Defence Department means the Department of State that deals
with defence and that is administered by the Minister administering
section 1 of the Defence Act 1903.
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.
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:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(ba) the Australian Signals Directorate; or
(c) the Office of National Intelligence; or
(e) that part of the Defence Department known as the Defence
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 Australian Signals Directorate.
interception device means an apparatus or device that:
(a) is of a kind that is capable of being used to enable a person to
intercept a communication passing over a
telecommunications system; and
(b) could reasonably be regarded as having been designed:
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(i) for the purpose of; or
(ii) for purposes including the purpose of;
using it in connection with the interception of
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.
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:
(a) the Commissioner of the Australian Federal Police, a Deputy
Commissioner of the Australian Federal Police, an AFP
employee or a special member of the Australian Federal
Police (all within the meaning of the Australian Federal
Police Act 1979);
(b) a member, or employee, of the police force of a State or
Territory;
(c) a member of the staff of the Australian Crime Commission
(within the meaning of the Australian Crime Commission Act
2002);
(d) a member of a police force, or other law enforcement agency,
of a foreign country;
(e) the Director of Public Prosecutions or a person performing a
similar function under a law of a State or Territory;
(f) a member of the staff of the Office of the Director of Public
Prosecutions (within the meaning of the Director of Public
Prosecutions Act 1983) or of a similar body established
under a law of a State or Territory;
(g) a member of the New South Wales Crime Commission or a
member of the staff of that Commission;
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(h) an officer of the Independent Commission Against
Corruption of New South Wales, being a person who is an
officer as defined by the Independent Commission Against
Corruption Act 1988 of New South Wales;
(i) any of the following:
(i) the Chief Commissioner of the Law Enforcement
Conduct Commission of New South Wales;
(ii) the Commissioner for Integrity of the Commission;
(iii) an Assistant Commissioner of the Commission;
(iv) a member of staff of the Commission (within the
meaning of the Law Enforcement Conduct Commission
Act 2016 (NSW));
(ia) an IBAC Officer within the meaning of the Independent
Broad-based Anti-corruption Commission Act 2011 (Vic.);
(j) an officer of the Corruption and Crime Commission of
Western Australia within the meaning of the Corruption and
Crime Commission Act 2003 of Western Australia;
(k) an authorised commission officer of the Crime and
Corruption Commission of Queensland within the meaning
of the Crime and Corruption Act 2001 (Qld);
(l) the Independent Commissioner Against Corruption of South
Australia, the Deputy Commissioner, a member of the staff
of the Commissioner, or an examiner or investigator, within
the meaning of the Independent Commissioner Against
Corruption Act 2012 (SA).
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
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1997) that is used, or is capable of being used, in connection with a
public mobile telecommunications service.
National Relay Service has the same meaning as in the
Telecommunications (Consumer Protection and Service Standards)
Act 1999.
nominated carrier has the same meaning as in the
Telecommunications Act 1997.
NRS provider means:
(a) a person who:
(i) is a contractor (within the meaning of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999); and
(ii) provides the whole or a part of the National Relay
Service; or
(b) a person who:
(i) is a grant recipient (within the meaning of the
Telecommunications (Consumer Protection and Service
Standards) Act 1999); and
(ii) provides the whole or a part of the National Relay
Service.
obtaining includes:
(a) obtaining for another person; and
(b) inducing a third person to do something that results in
another person obtaining.
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.
private sexual material means:
(a) material that:
(i) depicts a person who is, or appears to be, 18 years of
age or older and who is engaged in, or appears to be
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engaged in, a sexual pose or sexual activity (whether or
not in the presence of other persons); and
(ii) does so in circumstances that reasonable persons would
regard as giving rise to an expectation of privacy; or
(b) material the dominant characteristic of which is the depiction
of:
(i) a sexual organ or the anal region of a person who is, or
appears to be, 18 years of age or older; or
(ii) the breasts of a female person who is, or appears to be,
18 years of age or older;
where the depiction is in circumstances that reasonable
persons would regard as giving rise to an expectation of
privacy.
Note: For material that relates to a person who is, or appears to be, under 18
years of age, see:
(a) the definition of child pornography material; and
(b) the child pornography offences in Subdivision D.
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.
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:
(a) for life; or
(b) for a period of 5 or more years.
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Section 473.1
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subject of private sexual material means:
(a) if the material is covered by paragraph (a) of the definition of
private sexual material—the person first mentioned in that
paragraph; or
(b) if the material is covered by paragraph (b) of the definition of
private sexual material—the person mentioned in whichever
of subparagraph (b)(i) or (ii) of that definition is applicable.
subscription-specific secure data means data that is used, or is
capable of being used, to:
(a) allow a carrier to identify a particular mobile
telecommunications account (whether an existing account or
an account that may be set up in the future); and
(b) allow a mobile telecommunications device in which an
account identifier that contains the data is installed to access
the public mobile telecommunication service to which that
account relates.
supplying data, or material that is in the form of data, has the
meaning given by section 473.3.
telecommunications device identifier means:
(a) an electronic identifier of a mobile telecommunications
device that is:
(i) installed in the device by the manufacturer; and
(ii) is capable of being used to distinguish that particular
device from other mobile telecommunications devices;
or
(b) any other form of identifier that is prescribed by the
regulations as a telecommunications device identifier for the
purposes of this Part.
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.
telecommunications network has the same meaning as in the
Telecommunications Act 1997.
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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:
(a) having possession of a computer or data storage device that
holds or contains the data; or
(b) having possession of a document in which the data is
recorded; or
(c) having control of data held in a computer that is in the
possession of another person (whether inside or outside
Australia).
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:
(a) producing, supplying or obtaining data held or contained in a
computer or data storage device; or
(b) producing, supplying or obtaining a document in which the
data is recorded.
473.4 Determining whether material is offensive
(1) 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:
(a) the standards of morality, decency and propriety generally
accepted by reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the
material; and
(c) the general character of the material (including whether it is
of a medical, legal or scientific character).
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(2) If:
(a) a particular use of a carriage service involves the
transmission, making available, publication, distribution,
advertisement or promotion of material; and
(b) the material is private sexual material;
then, in deciding for the purposes of this Part whether reasonable
persons would regard the use of the carriage service as being, in all
the circumstances, offensive, regard must be had to whether the
subject, or each of the subjects, of the private sexual material gave
consent to the transmission, making available, publication,
distribution, advertisement or promotion of the material.
(3) Subsection (2) does not limit subsection (1).
Definition
(4) In this section:
consent means free and voluntary agreement.
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:
(a) the person is a carrier and, in engaging in that conduct, is
acting solely in the person’s capacity as a carrier; or
(b) the person is a carriage service provider and, in engaging in
that conduct, is acting solely in the person’s capacity as a
carriage service provider; or
(c) the person is an internet service provider and, in engaging in
that conduct, is acting solely in the person’s capacity as an
internet service provider; or
(d) the person is an internet content host and, in engaging in that
conduct, is acting solely in the person’s capacity as an
internet content host.
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Division 474—Telecommunications offences
Subdivision A—Dishonesty with respect to carriage services
474.1 Dishonesty
(1) For the purposes of this Subdivision, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the
standards of ordinary people.
(2) In a prosecution for an offence against this Subdivision, the
determination of dishonesty is a matter for the trier of fact.
474.2 General dishonesty with respect to a carriage service provider
Obtaining a gain
(1) A person commits 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
(2) A person commits an offence if the person does anything with the
intention of dishonestly causing a loss to a carriage service
provider in connection with the supply of a carriage service.
Penalty: Imprisonment for 5 years.
(3) A person commits an offence if:
(a) the person dishonestly causes a loss, or dishonestly causes a
risk of loss, to a carriage service provider in connection with
the supply of a carriage service; and
(b) the person knows or believes that the loss will occur or that
there is a substantial risk of the loss occurring.
Penalty: Imprisonment for 5 years.
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Section 474.3
344 Criminal Code Act 1995
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Subdivision B—Interference with telecommunications
474.3 Person acting for a carrier or carriage service provider
(1) For the purposes of this Subdivision, a person who does any thing
for or on behalf of a carrier, or on behalf of persons at least one of
whom is a carrier, is, in respect of:
(a) the doing by that person of that thing; or
(b) any rental, fee or charge payable for or in relation to the
doing by that person of that thing; or
(c) the operation by that person of a facility in connection with
the doing of that thing; or
(d) a facility belonging to that person; or
(e) the operation by that person of a satellite;
taken to be a carrier.
(2) For the purposes of this Subdivision, a person who does any thing
for or on behalf of a carriage service provider, or on behalf of
persons at least one of whom is a carriage service provider, is, in
respect of:
(a) the doing by that person of that thing; or
(b) any rental, fee or charge payable for or in relation to the
doing by that person of that thing; or
(c) the operation by that person of a facility in connection with
the doing of that thing; or
(d) a facility belonging to that person; or
(e) the operation by that person of a satellite;
taken to be a carriage service provider.
474.4 Interception devices
(1) A person commits an offence if:
(a) the person:
(i) manufactures; or
(ii) advertises, displays or offers for sale; or
(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 commits an offence if:
(a) a communication is in the course of telecommunications
carriage; and
(b) the person causes the communication to be received by a
person or carriage service other than the person or service to
whom it is directed.
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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474.6 Interference with facilities
(1) A person commits an offence if the person tampers with, or
interferes with, a facility owned or operated by:
(a) a carrier; or
(b) a carriage service provider; or
(c) a nominated carrier.
Penalty: Imprisonment for 1 year.
(2) For the purposes of an offence against subsection (1), absolute
liability applies to the physical element of circumstance of the
offence, that the facility is owned or operated by a carrier, a
carriage service provider or a nominated carrier.
(3) A person commits an offence if:
(a) the person tampers with, or interferes with, a facility owned
or operated by:
(i) a carrier; or
(ii) a carriage service provider; or
(iii) a nominated carrier; and
(b) this conduct results in hindering the normal operation of a
carriage service supplied by a carriage service provider.
Penalty: Imprisonment for 2 years.
(4) For the purposes of an offence against subsection (3), absolute
liability applies to the following physical elements of circumstance
of the offence:
(a) that the facility is owned or operated by a carrier, a carriage
service provider or a nominated carrier;
(b) that the carriage service is supplied by a carriage service
provider.
(5) A person commits an offence if:
(a) the person uses or operates any apparatus or device (whether
or not it is comprised in, connected to or used in connection
with a telecommunications network); and
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(b) this conduct results in hindering the normal operation of a
carriage service supplied by a carriage service provider.
Penalty: Imprisonment for 2 years.
(6) For the purposes of an offence against subsection (5), absolute
liability applies to the physical element of circumstance of the
offence, that the carriage service is supplied by a carriage service
provider.
(7) A person is not criminally responsible for an offence against
subsection (5) if:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in good
faith in the course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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.
(7A) A person is not criminally responsible for an offence against
subsection (5) if the conduct of the person:
(a) is in accordance with a technical assistance request; or
(b) is in compliance with a technical assistance notice; or
(c) is in compliance with a technical capability notice.
(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 commits an offence if the person:
(a) modifies a telecommunications device identifier; or
(b) interferes with the operation of a telecommunications device
identifier.
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Penalty: Imprisonment for 2 years.
(2) A person is not criminally responsible for an offence against
subsection (1) if the person is:
(a) the manufacturer of the mobile telecommunications device in
which the telecommunications device identifier is installed;
or
(b) an employee or agent of the manufacturer who is acting on
behalf of the manufacturer; or
(c) acting with the consent of the manufacturer.
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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 commits an offence if:
(a) the person has possession or control of any thing or data; and
(b) the person has that possession or control with the intention
that the thing or data be used:
(i) by the person; or
(ii) by another person;
in committing an offence against subsection 474.7(1)
(modification of a telecommunications device identifier).
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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.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
(4) A person is not criminally responsible for an offence against
subsection (1) if the person is:
(a) the manufacturer of the mobile telecommunications device in
which the telecommunications device identifier is installed;
or
(b) an employee or agent of the manufacturer who is acting on
behalf of the manufacturer; or
(c) acting with the consent of the manufacturer.
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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 commits an offence if:
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(a) the person produces, supplies or obtains any thing or data;
and
(b) the person does so with the intention that the thing or data be
used:
(i) by the person; or
(ii) by another person;
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.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
(4) A person is not criminally responsible for an offence against
subsection (1) if the person is:
(a) the manufacturer of the mobile telecommunications device in
which the telecommunications device identifier is installed;
or
(b) an employee or agent of the manufacturer who is acting on
behalf of the manufacturer; or
(c) acting with the consent of the manufacturer.
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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
Note 1: A defendant bears an evidential burden in relation to the matter in this
subsection, see subsection 13.3(3).
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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 commits an offence if the person:
(a) copies the subscription-specific secure data from an account
identifier; and
(b) does so with the intention that the data will be copied
(whether by the person or by someone else) onto something
that:
(i) is an account identifier; or
(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 commits an offence if:
(a) subscription-specific secure data is copied from an account
identifier (whether by the person or by someone else); and
(b) the person copies that data onto something that:
(i) is an account identifier; or
(ii) will, once the data is copied onto it, be capable of
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.
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Defences
(3) A person is not criminally responsible for an offence against
subsection (1) or (2) if the person is:
(a) the carrier who operates the facilities used, or to be used, in
the supply of the public mobile telecommunications service
to which the subscription-specific secure data relates; or
(b) an employee or agent of that carrier who is acting on behalf
of that carrier; or
(c) acting with the consent of that carrier.
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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 commits an offence if:
(a) the person has possession or control of any thing or data; and
(b) the person has that possession or control with the intention
that the thing or data be used:
(i) by the person; or
(ii) by another person;
in committing an offence against subsection 474.10(1)
(copying subscription-specific secure data from an account
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identifier) or 474.10(2) (copying subscription-specific secure
data onto an account 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 474.10(1)
(copying subscription-specific secure data from an account
identifier) or 474.10(2) (copying subscription-specific secure data
onto an account identifier) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
Defences
(4) A person is not criminally responsible for an offence against
subsection (1) if the person is:
(a) the carrier who operates the facilities used, or to be used, in
the supply of the public mobile telecommunications service
to which the subscription-specific secure data relates; or
(b) an employee or agent of that carrier who is acting on behalf
of that carrier; or
(c) acting with the consent of that carrier.
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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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.
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474.12 Producing, supplying or obtaining data or a device with
intent to copy an account identifier
(1) A person commits an offence if:
(a) the person produces, supplies or obtains any thing or data;
and
(b) the person does so with the intention that the thing or data be
used:
(i) by the person; or
(ii) by another person;
in committing an offence against subsection 474.10(1)
(copying subscription-specific secure data from an account
identifier) or 474.10(2) (copying subscription-specific secure
data onto an account 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 474.10(1)
(copying subscription-specific secure data from an account
identifier) or 474.10(2) (copying subscription-specific secure data
onto an account identifier) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
Defences
(4) A person is not criminally responsible for an offence against
subsection (1) if the person is:
(a) the carrier who operates the facilities used, or to be used, in
the supply of the public mobile telecommunications service
to which the subscription-specific secure data relates; or
(b) an employee or agent of that carrier who is acting on behalf
of that carrier; or
(c) acting with the consent of that carrier.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection, see subsection 13.3(3).
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(5) A person is not criminally responsible for an offence against
subsection (1) if:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 commits an offence if:
(a) the person:
(i) connects equipment to a telecommunications network;
and
(ii) intends by this to commit, or to facilitate the
commission of, an offence (whether by that person or
another person); and
(b) the offence is:
(i) a serious offence against a law of the Commonwealth, a
State or a Territory; or
(ii) a serious offence against a foreign law.
(2) A person commits an offence if:
(a) the person uses equipment connected to a
telecommunications network in the commission of, or to
facilitate the commission of, an offence (whether by that
person or another person); and
(b) the offence is:
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(i) a serious offence against a law of the Commonwealth, a
State or a Territory; or
(ii) a serious offence against a foreign law.
(3) A person who commits an offence against subsection (1) or (2) is
punishable, on conviction, by a penalty not exceeding the penalty
applicable to the serious offence.
(4) Absolute liability applies to paragraphs (1)(b) and (2)(b).
Note: For absolute liability, see section 6.2.
(5) A person may be found guilty of an offence against subsection (1)
or (2) even if committing the serious offence is impossible.
(6) It is not an offence to attempt to commit an offence against
subsection (1) or (2).
474.15 Using a carriage service to make a threat
Threat to kill
(1) A person (the first person) commits an offence if:
(a) the first person uses a carriage service to make to another
person (the second person) a threat to kill the second person
or a third person; and
(b) the first person intends the second person to fear that the
threat will be carried out.
Penalty: Imprisonment for 10 years.
Threat to cause serious harm
(2) A person (the first person) commits an offence if:
(a) the first person uses a carriage service to make to another
person (the second person) a threat to cause serious harm to
the second person or a third person; and
(b) the first person intends the second person to fear that the
threat will be carried out.
Penalty: Imprisonment for 7 years.
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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 commits an offence if:
(a) the person uses a carriage service to send a communication;
and
(b) the person does so with the intention of inducing a false
belief that an explosive, or a dangerous or harmful substance
or thing, has been or will be left in any place.
Penalty: Imprisonment for 10 years.
474.17 Using a carriage service to menace, harass or cause offence
(1) A person commits an offence if:
(a) the person uses a carriage service; and
(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:
(a) an employee of an NRS provider; or
(b) an emergency call person; or
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(c) an employee of an emergency service organisation; or
(d) an APS employee in the Department administered by the
AFP Minister acting as a National Security Hotline call taker.
474.17A Aggravated offences involving private sexual material—
using a carriage service to menace, harass or cause
offence
Standard aggravated offence
(1) A person commits an offence against this subsection if:
(a) the person commits an offence (the underlying offence)
against subsection 474.17(1); and
(b) the commission of the underlying offence involves the
transmission, making available, publication, distribution,
advertisement or promotion of material; and
(c) the material is private sexual material.
Penalty: Imprisonment for 5 years.
(2) There is no fault element for the physical element described in
paragraph (1)(a) other than the fault elements (however described),
if any, for the underlying offence.
(3) To avoid doubt, a person does not commit the underlying offence
for the purposes of paragraph (1)(a) if the person has a defence to
the underlying offence.
Special aggravated offence
(4) A person commits an offence against this subsection if:
(a) the person commits an offence (the underlying offence)
against subsection 474.17(1); and
(b) the commission of the underlying offence involves the
transmission, making available, publication, distribution,
advertisement or promotion of material; and
(c) the material is private sexual material; and
(d) before the commission of the underlying offence, 3 or more
civil penalty orders were made against the person under the
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Regulatory Powers (Standard Provisions) Act 2014 in
relation to contraventions of subsection 44B(1) of the
Enhancing Online Safety Act 2015.
Penalty: Imprisonment for 7 years.
(5) There is no fault element for the physical element described in
paragraph (4)(a) other than the fault elements (however described),
if any, for the underlying offence.
(6) To avoid doubt, a person does not commit the underlying offence
for the purposes of paragraph (4)(a) if the person has a defence to
the underlying offence.
(7) Absolute liability applies to paragraph (4)(d).
Note: For absolute liability, see section 6.2.
Double jeopardy etc.
(8) A person who has been convicted or acquitted of an offence (the
aggravated offence) against subsection (1) may not be convicted
of an offence against subsection 474.17(1) or subsection (4) of this
section in relation to the conduct that constituted the aggravated
offence.
(9) Subsection (8) does not prevent an alternative verdict under
section 474.17B.
(10) A person who has been convicted or acquitted of an offence (the
aggravated offence) against subsection (4) may not be convicted
of an offence against subsection 474.17(1) or subsection (1) of this
section in relation to the conduct that constituted the aggravated
offence.
(11) Subsection (10) does not prevent an alternative verdict under
section 474.17B.
(12) A person who has been convicted or acquitted of an offence (the
underlying offence) against subsection 474.17(1) may not be
convicted of an offence against subsection (1) or (4) of this section
in relation to the conduct that constituted the underlying offence.
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When conviction must be set aside
(13) If:
(a) a person has been convicted by a court of an offence against
subsection (4) on the basis that 3 or more civil penalty orders
were made against the person under the Regulatory Powers
(Standard Provisions) Act 2014 in relation to contraventions
of subsection 44B(1) of the Enhancing Online Safety Act
2015; and
(b) one or more of those civil penalty orders are set aside or
reversed on appeal; and
(c) if the civil penalty orders covered by paragraph (b) had never
been made, the person could not have been convicted of the
offence; and
(d) the person applies to the court for the conviction to be set
aside;
the court must set aside the conviction.
(14) If:
(a) a person has been convicted by a court of an offence (the
aggravated offence) against subsection (4); and
(b) the court sets aside the conviction under subsection (13);
the setting aside of the conviction does not prevent proceedings
from being instituted against the person for an offence against
subsection 474.17(1) or subsection (1) of this section in relation to
the conduct that constituted the aggravated offence.
474.17B Alternative verdict if aggravated offence not proven
(1) If, on a trial for an offence (the aggravated offence) against
subsection 474.17A(1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that the defendant is
guilty of an offence against subsection 474.17(1);
it may find the defendant not guilty of the aggravated offence but
guilty of the offence against subsection 474.17(1), so long as the
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defendant has been accorded procedural fairness in relation to that
finding of guilt.
(2) If, on a trial for an offence (the aggravated offence) against
subsection 474.17A(4), the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that the defendant is
guilty of an offence against subsection 474.17(1) or
subsection 474.17A(1);
it may find the defendant not guilty of the aggravated offence but
guilty of the offence against subsection 474.17(1) or
subsection 474.17A(1), so long as the defendant has been accorded
procedural fairness in relation to that finding of guilt.
474.18 Improper use of emergency call service
(1) A person commits an offence if the person:
(a) makes a call to an emergency service number; and
(b) does so with the intention of inducing a false belief that an
emergency exists.
Penalty: Imprisonment for 3 years.
(2) A person commits an offence if:
(a) the person makes a call to an emergency service number; and
(b) the person makes the call otherwise than for the purpose of
reporting an emergency; and
(c) the call is a vexatious one.
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:
(a) the content of the call; and
(b) the number, frequency and content of previous calls the
person has made to emergency service numbers otherwise
than for the purpose of reporting emergencies; and
(c) any other relevant matter.
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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 commits an offence if:
(a) the person:
(i) accesses material; or
(ii) causes material to be transmitted to himself or herself;
or
(iii) transmits, makes available, publishes, distributes,
advertises or promotes material; or
(iv) solicits material; and
(aa) the person does so using a carriage service; and
(b) the material is child pornography material.
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):
(a) intention is the fault element for the conduct referred to in
paragraph (1)(a);
(b) recklessness is the fault element for the circumstances
referred to in paragraph (1)(b).
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 commits an offence if:
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(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material is child pornography material; and
(c) the person has that possession or control, or engages in that
production, supply or obtaining, with the intention that the
material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 474.19 (using a
carriage service for child pornography material).
Penalty: Imprisonment for 15 years.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 474.19 (using a
carriage service for child pornography material) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
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:
(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not
criminally responsible for the offence, the question whether the
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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(a) enforcing a law of the Commonwealth, a State or a Territory;
or
(b) monitoring compliance with, or investigating a contravention
of, a law of the Commonwealth, a State or a Territory; or
(c) the administration of justice; or
(d) conducting scientific, medical or educational research that
has been approved by the AFP Minister in writing for the
purposes of this section.
(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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 eSafety Commissioner to detect:
(i) prohibited content (within the meaning of Schedule 7 to
the Broadcasting Services Act 1992); or
(ii) potential prohibited content (within the meaning of that
Schedule);
in the performance of the Commissioner’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
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(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).
474.22 Using a carriage service for child abuse material
(1) A person commits an offence if:
(a) the person:
(i) accesses material; or
(ii) causes material to be transmitted to himself or herself;
or
(iii) transmits, makes available, publishes, distributes,
advertises or promotes material; or
(iv) solicits material; and
(aa) the person does so using a carriage service; and
(b) the material is child abuse material.
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):
(a) intention is the fault element for the conduct referred to in
paragraph (1)(a);
(b) recklessness is the fault element for the circumstances
referred to in paragraph (1)(b).
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 commits an offence if:
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(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material is child abuse material; and
(c) the person has that possession or control, or engages in that
production, supply or obtaining, with the intention that the
material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 474.22 (using a
carriage service for child abuse material).
Penalty: Imprisonment for 15 years.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 474.22 (using a
carriage service for child abuse material) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
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:
(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not
criminally responsible for the offence, the question whether the
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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(a) enforcing a law of the Commonwealth, a State or a Territory;
or
(b) monitoring compliance with, or investigating a contravention
of, a law of the Commonwealth, a State or a Territory; or
(c) the administration of justice; or
(d) conducting scientific, medical or educational research that
has been approved by the AFP 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:
(a) the person is, at the time of the offence, a law enforcement
officer, or an intelligence or security officer, acting in the
course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances
for the purpose of performing that duty.
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 eSafety Commissioner to detect:
(i) prohibited content (within the meaning of Schedule 7 to
the Broadcasting Services Act 1992); or
(ii) potential prohibited content (within the meaning of that
Schedule);
in the performance of the Commissioner’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
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(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).
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:
(a) the person commits an offence against one or more of the
following provisions on 3 or more separate occasions:
(i) section 474.19 (using a carriage service for child
pornography materian( �
(ii) section 474.20 (possessing etc. child pornography
material for use through a carriage service);
(iii) section 474.22 (using a carriage service for child abuse
materian( �
(iv) section 474.23 (possessing etc. child abuse material for
use through a carriage service); and
(b) the commission of each such offence involves 2 or more
people.
Penalty: Imprisonment for 25 years.
(2) There is no fault element for any of the physical elements
described in paragraph (1)(a) other than the fault elements
(however described), if any, for the offence against section 474.19,
474.20, 474.22 or 474.23.
(3) To avoid doubt, a person does not commit an offence against
section 474.19, 474.20, 474.22 or 474.23 for the purposes of
paragraph (1)(a) if the person has a defence to that offence.
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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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.
(6) Subsection (5) does not prevent an alternative verdict under
section 474.24B.
(7) A person who has been convicted or acquitted of an offence (the
underlying offence) against section 474.19, 474.20, 474.22 or
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:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of
an offence (the underlying offence) against section 474.19,
474.20, 474.22 or 474.23;
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
(1) Proceedings for an offence against this Subdivision must not be
commenced without the consent of the Attorney-General if the
defendant was under 18 at the time he or she allegedly engaged in
the conduct constituting the offence.
(2) However, a person may be arrested for, charged with, or remanded
in custody or on bail in connection with, such an offence before the
necessary consent has been given.
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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
(b) is aware that the service provided by the person can be used
to access particular material that the person has reasonable
grounds to believe is:
(i) child pornography material; or
(ii) child abuse material; and
(c) does not refer details of the material to the Australian Federal
Police within a reasonable time after becoming aware of the
existence of the material.
Penalty: 800 penalty units.
Subdivision F—Offences relating to use of carriage service
involving sexual activity with, or causing harm to,
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:
(a) the person engages in sexual activity with another person (the
child) using a carriage service; and
(b) the child is under 16 years of age; and
(c) the person is at least 18 years of age.
Penalty: Imprisonment for 15 years.
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Section 474.25B
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Causing child to engage in sexual activity with another person
(2) A person (the defendant) commits an offence if:
(a) the defendant engages in conduct in relation to another
person (the child); and
(b) that conduct causes the child to engage in sexual activity with
another person (the participant) using a carriage service; and
(c) the child is under 16 years of age when the sexual activity is
engaged in; and
(d) the participant is at least 18 years of age when the sexual
activity is engaged in.
Penalty: Imprisonment for 15 years.
(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:
(a) the conduct constituting the offence consists only of the child
being in the presence of a person while sexual activity is
engaged in; and
(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 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:
(a) the person commits an offence against either of the following
provisions in relation to another person (the child):
(i) subsection 474.25A(1) (engaging in sexual activity with
child using a carriage service);
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(ii) subsection 474.25A(2) (causing child to engage in
sexual activity with another person); and
(b) either or both of the following apply at the time the person
commits the offence:
(i) the child has a mental impairment;
(ii) the person is in a position of trust or authority in relation
to the child, or the child is otherwise under the care,
supervision or authority of the person.
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.
Alternative verdicts
(3) If, on a trial for an offence (the aggravated offence) against
subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated
offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of
an offence (the underlying offence) against
subsection 474.25A(1) or (2);
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.
474.25C Using a carriage service to prepare or plan to cause harm
to, engage in sexual activity with, or procure for sexual
activity, persons under 16
A person (the first person) commits an offence if:
(a) the first person does any act in preparation for doing, or
planning to do, any of the following:
(i) causing harm to a person under 16 years of age;
(ii) engaging in sexual activity with a person under 16 years
of age;
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(iii) procuring a person under 16 years of age to engage in
sexual activity; and
(b) the first person is at least 18 years of age; and
(c) the act is done using a carriage service.
Penalty: Imprisonment for 10 years.
Example: A person misrepresents their age online as part of a plan to cause harm
to another person under 16 years of age.
474.26 Using a carriage service to procure persons under 16 years of
age
(1) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(d) the sender is at least 18 years of age.
Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with another person (the
participant); and
(c) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(d) the participant is someone who is, or who the sender believes
to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.
(3) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
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(b) the sender does this with the intention of procuring the
recipient to engage in sexual activity with another person;
and
(c) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(d) the other person referred to in paragraph (b) is someone who
is, or who the sender believes to be, under 18 years of age;
and
(e) the sender intends that the sexual activity referred to in
paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the
sender believes to be, at least 18 years of age.
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:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(c) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with the
sender; and
(d) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(e) the sender is at least 18 years of age.
Penalty: Imprisonment for 12 years.
(2) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(c) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with
another person (the participant); and
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(d) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(e) the participant is someone who is, or who the sender believes
to be, at least 18 years of age.
Penalty: Imprisonment for 12 years.
(3) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(c) the sender does this with the intention of making it easier to
procure the recipient to engage in sexual activity with
another person; and
(d) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(e) the other person referred to in paragraph (c) is someone who
is, or who the sender believes to be, under 18 years of age;
and
(f) the sender intends that the sexual activity referred to in
paragraph (c) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the
sender believes to be, at least 18 years of age.
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:
(a) the sender uses a carriage service to transmit a
communication to another person (the recipient); and
(b) the communication includes material that is indecent; and
(c) the recipient is someone who is, or who the sender believes
to be, under 16 years of age; and
(d) the sender is at least 18 years of age.
Penalty: Imprisonment for 7 years.
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Section 474.28
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(2) In a prosecution for an offence against subsection (1), whether
material is indecent is a matter for the trier of fact.
(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:
(a) in the case of an offence against section 474.25A—the child
is under 16 years of age; and
(b) in the case of an offence against section 474.26, 474.27 or
474.27A—the recipient is someone who is under 16 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.
(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
(3) For the purposes of sections 474.26, 474.27 and 474.27A, evidence
that the recipient was represented to the sender as being under or of
a particular age is, in the absence of evidence to the contrary, proof
that the sender believed the recipient to be under or of that age.
(4) For the purposes of sections 474.25A, 474.26 and 474.27, evidence
that the participant was represented to the sender as being:
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(a) at least 18 years of age; or
(b) over or of a particular age;
is, in the absence of evidence to the contrary, proof that the sender
believed the participant to be at least 18 years of age or over or of
that age.
Determining age—admissible evidence
(5) In determining for the purposes of this Subdivision how old a
person is or was at a particular time, a jury or court may treat any
of the following as admissible evidence:
(a) the person’s appearance;
(b) medical or other scientific opinion;
(c) a document that is or appears to be an official or medical
record from a country outside Australia;
(d) a document that is or appears to be a copy of such a record.
(6) Subsection (5) does not make any other kind of evidence
inadmissible, and does not affect a prosecutor’s duty to do all he or
she can to adduce the best possible evidence for determining the
question.
(7) If, on a trial for an offence against a provision of this Subdivision,
evidence may be treated as admissible because of subsection (5),
the court must warn the jury that it must be satisfied beyond
reasonable doubt in determining the question.
Issues relating to aggravated offence involving sexual activity
(7A) For the purposes of an offence against subsection 474.25B(1):
(a) there is no fault element for the physical element described in
paragraph (a) of that subsection other than the fault elements
(however described), if any, for the underlying offence; and
(b) absolute liability applies to the physical element of
circumstance of the offence that the child has a mental
impairment; and
(c) strict liability applies to the physical element of circumstance
of the offence that the defendant is in a position of trust or
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authority in relation to the child, or the child is otherwise
under the care, supervision or authority of the defendant.
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.
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.
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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.
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.
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Section 474.29A
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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.
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 commits an offence if:
(a) the person:
(i) uses a carriage service to access material; or
(ii) uses a carriage service to cause material to be
transmitted to the person; or
(iii) uses a carriage service to transmit material; or
(iv) uses a carriage service to make material available; or
(v) uses a carriage service to publish or otherwise distribute
material; and
(b) the material directly or indirectly counsels or incites
committing or attempting to commit suicide; and
(c) the person:
(i) intends to use the material to counsel or incite
committing or attempting to commit suicide; or
(ii) intends that the material be used by another person to
counsel or incite committing or attempting to commit
suicide.
Penalty: 1,000 penalty units.
(2) A person commits an offence if:
(a) the person:
(i) uses a carriage service to access material; or
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(ii) uses a carriage service to cause material to be
transmitted to the person; or
(iii) uses a carriage service to transmit material; or
(iv) uses a carriage service to make material available; or
(v) uses a carriage service to publish or otherwise distribute
material; and
(b) the material directly or indirectly:
(i) promotes a particular method of committing suicide; or
(ii) provides instruction on a particular method of
committing suicide; and
(c) the person:
(i) intends to use the material to promote that method of
committing suicide or provide instruction on that
method of committing suicide; or
(ii) intends that the material be used by another person to
promote that method of committing suicide or provide
instruction on that method of committing suicide; or
(iii) intends the material to be used by another person to
commit suicide.
Penalty: 1,000 penalty units.
(3) To avoid doubt, a person does not commit an offence against
subsection (1) merely because the person uses a carriage service to:
(a) engage in public discussion or debate about euthanasia or
suicide; or
(b) advocate reform of the law relating to euthanasia or suicide;
if the person does not:
(c) intend to use the material concerned to counsel or incite
committing or attempting to commit suicide; or
(d) intend that the material concerned be used by another person
to counsel or incite committing or attempting to commit
suicide.
(4) To avoid doubt, a person does not commit an offence against
subsection (2) merely because the person uses a carriage service to:
(a) engage in public discussion or debate about euthanasia or
suicide; or
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(b) advocate reform of the law relating to euthanasia or suicide;
if the person does not:
(c) intend to use the material concerned to promote a method of
committing suicide or provide instruction on a method of
committing suicide; or
(d) intend that the material concerned be used by another person
to promote a method of committing suicide or provide
instruction on a method of committing suicide; or
(e) intend the material concerned to be used by another person to
commit suicide.
474.29B Possessing, controlling, producing, supplying or obtaining
suicide related material for use through a carriage service
(1) A person commits an offence if:
(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material directly or indirectly:
(i) counsels or incites committing or attempting to commit
suicide; or
(ii) promotes a particular method of committing suicide; or
(iii) provides instruction on a particular method of
committing suicide; and
(c) the person has that possession or control, or engages in that
production, supply or obtaining, with the intention that the
material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 474.29A (using a
carriage service for suicide related material).
Penalty: 1,000 penalty units.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 474.29A (using a
carriage service for suicide related material) is impossible.
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(3) It is not an offence to attempt to commit an offence against
subsection (1).
Subdivision H—Offences relating to use of carriage service for
sharing of abhorrent violent material
474.30 Definitions
In this Subdivision:
abhorrent violent conduct has the meaning given by
section 474.32.
abhorrent violent material has the meaning given by
section 474.31.
consent means free and voluntary agreement.
content service means:
(a) a social media service (within the meaning of the Enhancing
Online Safety Act 2015); or
(b) a designated internet service (within the meaning of the
Enhancing Online Safety Act 2015).
hosting service has the same meaning as in the Enhancing Online
Safety Act 2015. For this purpose, disregard
subparagraphs 9C(a)(ii) and (b)(ii) of that Act.
474.31 Abhorrent violent material
(1) For the purposes of this Subdivision, abhorrent violent material
means material that:
(a) is:
(i) audio material; or
(ii) visual material; or
(iii) audio-visual material;
that records or streams abhorrent violent conduct engaged in
by one or more persons; and
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(b) is material that reasonable persons would regard as being, in
all the circumstances, offensive; and
(c) is produced by a person who is, or by 2 or more persons each
of whom is:
(i) a person who engaged in the abhorrent violent conduct;
or
(ii) a person who conspired to engage in the abhorrent
violent conduct; or
(iii) a person who aided, abetted, counselled or procured, or
was in any way knowingly concerned in, the abhorrent
violent conduct; or
(iv) a person who attempted to engage in the abhorrent
violent conduct.
(2) For the purposes of this section, it is immaterial whether the
material has been altered.
(3) For the purposes of this section, it is immaterial whether the
abhorrent violent conduct was engaged in within or outside
Australia.
474.32 Abhorrent violent conduct
(1) For the purposes of this Subdivision, a person engages in
abhorrent violent conduct if the person:
(a) engages in a terrorist act; or
(b) murders another person; or
(c) attempts to murder another person; or
(d) tortures another person; or
(e) rapes another person; or
(f) kidnaps another person.
Murder
(2) For the purposes of this section, a person (the first person) murders
another person if:
(a) the first person’s conduct causes the death of the other
person; and
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(b) the conduct constitutes an offence.
Torture
(3) For the purposes of this section, a person (the first person) tortures
another person if:
(a) the first person inflicts severe physical or mental pain or
suffering upon the other person; and
(b) the other person is in the custody, or under the control, of the
first person; and
(c) the pain or suffering does not arise only from, and is not
inherent in or incidental to, lawful sanctions that are not
inconsistent with the Articles of 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).
Rape
(4) For the purposes of this section, a person (the first person) rapes
another person if:
(a) the first person sexually penetrates the other person without
the consent of the other person; or
(b) the first person causes the other person to sexually penetrate
the first person without the consent of the other person.
Kidnapping
(5) For the purposes of this section, a person (the first person) kidnaps
another person if:
(a) the first person takes or detains the other person without the
other person’s consent; and
(b) the first person takes or detains the other person in order to:
(i) hold the other person to ransom or as a hostage; or
(ii) murder, torture or rape the other person or a third
person; or
(iii) cause serious harm to the other person or a third person;
and
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(c) the taking or detention of the other person involves violence
or a threat of violence.
Interpretation
(6) In this section:
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
(b) penetrate (to any extent) the mouth of a person by the penis
of another person; or
(c) continue to sexually penetrate as defined in paragraph (a) or
(b).
terrorist act has the same meaning as in section 100.1. For this
purpose, disregard paragraphs 100.1(2)(b), (d), (e) and (f).
(7) For the purposes of this section, the genitalia or other parts of the
body of a person include surgically constructed genitalia or other
parts of the body of the person.
474.33 Notification obligations of internet service providers, content
service providers and hosting service providers
(1) A person commits an offence if:
(a) the person:
(i) is an internet service provider; or
(ii) provides a content service; or
(iii) provides a hosting service; and
(b) the person is aware that the service provided by the person
can be used to access particular material that the person has
reasonable grounds to believe is abhorrent violent material
that records or streams abhorrent violent conduct that has
occurred, or is occurring, in Australia; and
(c) the person does not refer details of the material to the
Australian Federal Police within a reasonable time after
becoming aware of the existence of the material.
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Penalty: 800 penalty units.
(2) For the purposes of this section:
(a) it is immaterial whether the content service is provided
within or outside Australia; and
(b) it is immaterial whether the hosting service is provided
within or outside Australia.
(3) Subsection (1) does not apply if the person reasonably believes that
details of the material are already known to the Australian Federal
Police.
Note: A defendant bears an evidential burden in relation to the matters in
this subsection: see subsection 13.3(3).
474.34 Removing, or ceasing to host, abhorrent violent material
Content service
(1) A person commits an offence if:
(a) the person provides a content service; and
(b) the content service can be used to access material; and
(c) the material is abhorrent violent material; and
(d) the person does not ensure the expeditious removal of the
material from the content service.
(2) For the purposes of subsection (1), it is immaterial whether the
content service is provided within or outside Australia.
(3) Subsection (1) does not apply to material unless the material is
reasonably capable of being accessed within Australia.
(4) The fault element for paragraphs (1)(b) and (c) is recklessness.
Hosting service
(5) A person commits an offence if:
(a) the person provides a hosting service; and
(b) material is hosted on the hosting service; and
(c) the material is abhorrent violent material; and
(d) the person does not expeditiously cease hosting the material.
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(6) For the purposes of subsection (5), it is immaterial whether the
hosting service is provided within or outside Australia.
(7) Subsection (5) does not apply to material unless the material is
reasonably capable of being accessed within Australia.
(8) The fault element for paragraphs (5)(b) and (c) is recklessness.
Penalty for individual
(9) An offence against subsection (1) or (5) committed by an
individual is punishable on conviction by imprisonment for a
period of not more than 3 years or a fine of not more than 10,000
penalty units, or both.
Penalty for body corporate
(10) An offence against subsection (1) or (5) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) 50,000 penalty units;
(b) 10% of the annual turnover of the body corporate during the
period (the turnover period) of 12 months ending at the end
of the month in which the conduct constituting the offence
occurred.
(11) For the purposes of this section, the annual turnover of a body
corporate, during the turnover period, is the sum of the values of all
the supplies that the body corporate, and any body corporate
related to the body corporate, have made, or are likely to make,
during that period, other than the following supplies:
(a) supplies made from any of those bodies corporate to any
other of those bodies corporate;
(b) supplies that are input taxed;
(c) supplies that are not for consideration (and are not taxable
supplies under section 72-5 of the A New Tax System (Goods
and Services Tax) Act 1999);
(d) supplies that are not made in connection with an enterprise
that the body corporate carries on.
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(12) For the purposes of subsection (11), it is immaterial whether the
supplies were made, or are likely to be made, within or outside
Australia.
(13) Expressions used in subsections (11) and (12) that are also used in
the A New Tax System (Goods and Services Tax) Act 1999 have the
same meaning in those subsections as they have in that Act.
(14) The question whether 2 bodies corporate are related to each other
is to be determined for the purposes of this section in the same way
as for the purposes of the Corporations Act 2001.
When material is removed from a content service
(15) For the purposes of this section, material is removed from a content
service if the material is not accessible to any of the end-users
using the service.
474.35 Notice issued by eSafety Commissioner in relation to a
content service—presumptions
(1) The eSafety Commissioner may issue a written notice stating that,
at the time the notice was issued:
(a) a specified content service could be used to access specified
material; and
(b) the specified material was abhorrent violent material.
(2) The eSafety Commissioner must not issue a notice under
subsection (1) unless the eSafety Commissioner is satisfied on
reasonable grounds that, at the time the notice was issued:
(a) the specified content service could be used to access the
specified material; and
(b) the specified material was abhorrent violent material.
(3) As soon as practicable after issuing a notice under subsection (1),
the eSafety Commissioner must give a copy of the notice to the
person who provides the content service concerned.
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(4) The eSafety Commissioner is not required to observe any
requirements of procedural fairness in relation to the issue of a
notice under subsection (1).
Presumptions
(5) If:
(a) a notice under subsection (1) is issued in relation to a content
service provided by a person; and
(b) in a prosecution of the person for an offence against
subsection 474.34(1), it is proven that the content service
could be used to access the material specified in the notice at
the time the notice was issued;
then, in that prosecution, it must be presumed that the person was
reckless as to whether the content service could be used to access
the specified material at the time the notice was issued, unless the
person adduces or points to evidence that suggests a reasonable
possibility that the person was not reckless as to whether the
content service could be used to access the specified material at the
time the notice was issued.
(6) If a notice under subsection (1) is issued in relation to a content
service provided by a person, then, in a prosecution of the person
for an offence against subsection 474.34(1), it must be presumed
that, at the time the notice was issued, the person was reckless as to
whether the material specified in the notice was abhorrent violent
material, unless the person adduces or points to evidence that
suggests a reasonable possibility that, at the time the notice was
issued, the person was not reckless as to whether the specified
material was abhorrent violent material.
Other evidentiary matters
(7) A document purporting to be a notice issued under subsection (1)
must, unless the contrary is established, be taken to be such a
notice and to have been properly issued.
(8) The eSafety Commissioner may certify that a document is a copy
of a notice issued under subsection (1).
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(9) Subsections (5), (6) and (7) apply to the certified copy as if it were
the original.
Application
(10) This section extends to matters and things outside Australia.
474.36 Notice issued by eSafety Commissioner in relation to a
hosting service—presumptions
(1) The eSafety Commissioner may issue a written notice stating that,
at the time the notice was issued:
(a) specified material was hosted on a specified hosting service;
and
(b) the specified material was abhorrent violent material.
(2) The eSafety Commissioner must not issue a notice under
subsection (1) unless the eSafety Commissioner is satisfied on
reasonable grounds that, at the time the notice was issued:
(a) the specified material was hosted on the specified hosting
service; and
(b) the specified material was abhorrent violent material.
(3) As soon as practicable after issuing a notice under subsection (1),
the eSafety Commissioner must give a copy of the notice to the
person who provides the hosting service concerned.
(4) The eSafety Commissioner is not required to observe any
requirements of procedural fairness in relation to the issue of a
notice under subsection (1).
Presumptions
(5) If:
(a) a notice under subsection (1) is issued in relation to a hosting
service provided by a person; and
(b) in a prosecution of the person for an offence against
subsection 474.34(5), it is proven that the material specified
in the notice was hosted on the hosting service at the time the
notice was issued;
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then, in that prosecution, it must be presumed that the person was
reckless as to whether the specified material was hosted on the
hosting service at the time the notice was issued, unless the person
adduces or points to evidence that suggests a reasonable possibility
that the person was not reckless as to whether specified material
was hosted on the hosting service at the time the notice was issued.
(6) If a notice under subsection (1) is issued in relation to a hosting
service provided by a person, then, in a prosecution of the person
for an offence against subsection 474.34(5), it must be presumed
that, at the time the notice was issued, the person was reckless as to
whether the material specified in the notice was abhorrent violent
material, unless the person adduces or points to evidence that
suggests a reasonable possibility that, at the time the notice was
issued, the person was not reckless as to whether the specified
material was abhorrent violent material.
Other evidentiary matters
(7) A document purporting to be a notice issued under subsection (1)
must, unless the contrary is established, be taken to be such a
notice and to have been properly issued.
(8) The eSafety Commissioner may certify that a document is a copy
of a notice issued under subsection (1).
(9) Subsections (5), (6) and (7) apply to the certified copy as if it were
the original.
Application
(10) This section extends to matters and things outside Australia.
474.37 Defences in respect of abhorrent violent material
Content service
(1) Subsection 474.34(1) does not apply to material that can be
accessed using a service if:
(a) the accessibility of the material is necessary for enforcing a
law of:
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(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(b) the accessibility of the material is necessary for monitoring
compliance with, or investigating a contravention of, a law
of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the accessibility of the material is for the purposes of
proceedings in a court or tribunal; or
(d) both:
(i) the accessibility of the material is necessary for, or of
assistance in, conducting scientific, medical, academic
or historical research; and
(ii) the accessibility of the material is reasonable in the
circumstances for the purpose of conducting that
scientific, medical, academic or historical research; or
(e) the material relates to a news report, or a current affairs
report, that:
(i) is in the public interest; and
(ii) is made by a person working in a professional capacity
as a journalist; or
(f) both:
(i) the accessibility of the material is in connection with the
performance by a public official of the official’s duties
or functions; and
(ii) the accessibility of the material is reasonable in the
circumstances for the purpose of performing that duty or
function; or
(g) both:
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(i) the accessibility of the material is in connection with an
individual assisting a public official in relation to the
performance of the public official’s duties or functions;
and
(ii) the accessibility of the material is reasonable in the
circumstances for the purpose of the individual assisting
the public official in relation to the performance of the
public official’s duties or functions; or
(h) the accessibility of the material is for the purpose of
advocating the lawful procurement of a change to any matter
established by law, policy or practice in:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country;
and the accessibility of the material is reasonable in the
circumstances for that purpose; or
(i) the accessibility of the material relates to the development,
performance, exhibition or distribution, in good faith, of an
artistic work.
Note: A defendant bears an evidential burden in relation to the matters in
this subsection (see subsection 13.3(3)).
Hosting service
(2) Subsection 474.34(5) does not apply to material that is hosted on a
hosting service if:
(a) the hosting of the material is necessary for enforcing a law
of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
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(b) the hosting of the material is necessary for monitoring
compliance with, or investigating a contravention of, a law
of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the hosting of the material is for the purposes of proceedings
in a court or tribunal; or
(d) both:
(i) the hosting of the material is necessary for, or of
assistance in, conducting scientific, medical, academic
or historical research; and
(ii) the hosting of the material is reasonable in the
circumstances for the purpose of conducting that
scientific, medical, academic or historical research; or
(e) the material relates to a news report, or a current affairs
report, that:
(i) is in the public interest; and
(ii) is made by a person working in a professional capacity
as a journalist; or
(f) both:
(i) the hosting of the material is in connection with the
performance by a public official of the official’s duties
or functions; and
(ii) the hosting of the material is reasonable in the
circumstances for the purpose of performing that duty or
function; or
(g) both:
(i) the hosting of the material is in connection with an
individual assisting a public official in relation to the
performance of the public official’s duties or functions;
and
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(ii) the hosting of the material is reasonable in the
circumstances for the purpose of the individual assisting
the public official in relation to the performance of the
public official’s duties or functions; or
(h) the hosting of the material is for the purpose of advocating
the lawful procurement of a change to any matter established
by law, policy or practice in:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country;
and the hosting of the material is reasonable in the
circumstances for that purpose; or
(i) the hosting of the material relates to the development,
performance, exhibition or distribution, in good faith, of an
artistic work.
Note: A defendant bears an evidential burden in relation to the matters in
this subsection (see subsection 13.3(3)).
Functions
(3) The references in this section to function or functions do not, by
implication, affect the meaning of the expressions duty or duties
when used in any other provision of this Code.
Application
(4) This section extends to matters and things outside Australia.
474.38 Implied freedom of political communication
(1) This Subdivision does not apply to the extent (if any) that it would
infringe any constitutional doctrine of implied freedom of political
communication.
(2) Subsection (1) does not limit the application of section 15A of the
Acts Interpretation Act 1901 to this Act.
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474.39 Provider of content service
(1) For the purposes of this Subdivision, a person does not provide a
content service merely because the person supplies a carriage
service that enables material to be accessed.
(2) For the purposes of this Subdivision, a person does not provide a
content service merely because the person provides a billing
service, or a fee collection service, in relation to a content service.
474.40 Service of copies of notices by electronic means
Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act
1999 do not apply to a copy of a notice under subsection 474.35(1)
or 474.36(1) of this Act.
Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999
deal with the consent of the recipient of information to the information
being given by way of electronic communication.
474.41 Giving a copy of a notice to a contact person etc.
Contact person
(1) If:
(a) a copy of a notice under subsection 474.35(1) is required to
be given to the provider of a content service that is a social
media service (within the meaning of the Enhancing Online
Safety Act 2015); and
(b) there is an individual who is:
(i) an employee or agent of the provider; and
(ii) designated as the service’s contact person for the
purposes of that Act; and
(c) the contact details of the contact person have been notified to
the eSafety Commissioner;
the copy of the notice is taken to have been given to the provider if
it is given to the contact person.
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Agent
(2) If:
(a) a copy of a notice under subsection 474.35(1) or 474.36(1) is
required to be given to a body corporate incorporated outside
Australia; and
(b) the body corporate does not have a registered office or a
principal office in Australia; and
(c) the body corporate has an agent in Australia;
the copy of the notice is taken to have been given to the body
corporate if it is given to the agent.
Other matters
(3) Subsections (1) and (2) have effect in addition to section 28A of
the Acts Interpretation Act 1901.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service
of documents.
474.42 Attorney-General’s consent required for prosecution
Offence against section 474.33
(1) Proceedings for an offence against section 474.33 must not be
commenced without the Attorney-General’s written consent if:
(a) the conduct constituting the alleged offence occurs wholly in
a foreign country; and
(b) at the time of the alleged offence, the person alleged to have
committed the offence is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the
Commonwealth or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded
in custody or released on bail in connection with, an offence
against section 474.33 before the necessary consent has been
given.
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Offence against section 474.34
(3) Proceedings for an offence against section 474.34 must not be
commenced without the Attorney-General’s written consent.
(4) However, a person may be arrested for, charged with, or remanded
in custody or released on bail in connection with, an offence
against section 474.34 before the necessary consent has been
given.
474.43 Compensation for acquisition of property
(1) If the operation of this Subdivision would result in an acquisition
of property (within the meaning of paragraph 51(xxxi) of the
Constitution) from a person otherwise than on just terms (within
the meaning of that paragraph), the Commonwealth is liable to pay
a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount
of the compensation, the person may institute proceedings in:
(a) the Federal Court of Australia; or
(b) the Supreme Court of a State or Territory;
for the recovery from the Commonwealth of such reasonable
amount of compensation as the court determines.
474.44 This Subdivision does not limit Schedule 5 or 7 to the
Broadcasting Services Act 1992
This Subdivision does not limit the operation of Schedule 5 or 7 to
the Broadcasting Services Act 1992.
474.45 Review of this Subdivision
(1) After the end of the 2-year period beginning at the commencement
of this section, the Minister must cause to be conducted a review of
the operation of this Subdivision.
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Report
(2) A report of the review must be given to the Minister within 12
months after the end of the 2-year period mentioned in
subsection (1).
(3) The Minister must cause copies of a report under subsection (2) to
be tabled in each House of the Parliament within 15 sitting days of
that House after the Minister receives the report.
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Section 475.1A
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Division 475—Miscellaneous
475.1A Defences for NRS employees and emergency call persons
(1) A person is not criminally responsible for an offence against a
provision of Subdivision C, D, E, F or G of Division 474 in
relation to particular conduct if the person:
(a) is an employee of an NRS provider; and
(b) engages in the conduct in good faith in the course of the
person’s duties as such an employee.
(2) A person is not criminally responsible for an offence against a
provision of Subdivision C, D, E, F or G of Division 474 in
relation to particular conduct if the person:
(a) is an emergency call person; and
(b) engages in the conduct in good faith in the course of the
person’s duties as such an emergency call person.
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:
(a) a physical element of an offence against Subdivision C, D, E
or F of Division 474 consists of a person using a carriage
service to engage in particular conduct; and
(b) the prosecution proves beyond reasonable doubt that the
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.
Absolute liability applies to physical element of offence that
carriage service was used
(2) If:
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(a) a physical element of an offence against Subdivision C, D, E
or F of Division 474 consists of a person using a carriage
service to engage in particular conduct; and
(b) the prosecution proves beyond reasonable doubt that the
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
(1) 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.
(2) Without limiting subsection (1), a provision in this Part to the
effect that a person is not criminally responsible for an offence
against a provision of this Part in relation to particular conduct
does not make the conduct lawful if it would otherwise be unlawful
under the Radiocommunications Act 1992.
475.2 Geographical jurisdiction
(1) Section 15.1 (extended geographical jurisdiction—category A)
applies to each offence against this Part (other than Subdivision H
of Division 474).
(2) Section 14.1 (standard geographical jurisdiction) does not apply to
an offence against Subdivision H of Division 474.
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Part 10.7—Computer offences
Division 476—Preliminary
476.1 Definitions
(1) In this Part:
access to data held in a computer means:
(a) the display of the data by the computer or any other output of
the data from the computer; or
(b) the copying or moving of the data to any other place in the
computer or to a data storage device; or
(c) in the case of a program—the execution of the program.
Defence Department means the Department of State that deals
with defence and that is administered by the Minister administering
section 1 of the Defence Act 1903.
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:
(a) the prevention of any such communication; or
(b) the impairment of any such communication on an electronic
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:
(a) the alteration or removal of the data; or
(b) an addition to the data.
unauthorised access, modification or impairment has the meaning
given in section 476.2.
(2) In this Part, a reference to:
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(a) access to data held in a computer; or
(b) modification of data held in a computer; or
(c) the impairment of electronic communication to or from a
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:
(a) access to data held in a computer; or
(b) modification of data held in a computer; or
(c) the impairment of electronic communication to or from a
computer; or
(d) the impairment of the reliability, security or operation of any
data held on a computer disk, credit card or other device used
to store data by electronic means;
by a person is unauthorised if the person is not entitled to cause
that access, modification or impairment.
(2) Any such access, modification or impairment caused by the person
is not unauthorised merely because he or she has an ulterior
purpose for causing it.
(3) For the purposes of an offence under this Part, a person causes any
such unauthorised access, modification or impairment if the
person’s conduct substantially contributes to it.
(4) For the purposes of subsection (1), if:
(a) a person causes any access, modification or impairment of a
kind mentioned in that subsection; and
(b) the person does so:
(i) under a warrant issued under the law of the
Commonwealth, a State or a Territory; or
(ii) under an emergency authorisation given to the person
under Part 3 of the Surveillance Devices Act 2004 or
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under a law of a State or Territory that makes provision
to similar effect; or
(iii) under a tracking device authorisation given to the
person under section 39 of that Act; or
(iv) in accordance with a technical assistance request; or
(v) in compliance with a technical assistance notice; or
(vi) in compliance with a technical capability notice;
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
(1) This Part is not intended to exclude or limit the operation of any
other law of the Commonwealth, a State or a Territory.
(2) Subsection (1) has effect subject to section 476.5.
476.5 Liability for certain acts
(1) A staff member or agent of ASIS, AGO or ASD (the agency) is not
subject to any civil or criminal liability for any computer-related
act done outside Australia if the act is done in the proper
performance of a function of the agency.
(2) A person is not subject to any civil or criminal liability for any act
done inside Australia if:
(a) the act is preparatory to, in support of, or otherwise directly
connected with, overseas activities of the agency concerned;
and
(b) the act:
(i) taken together with a computer-related act, event,
circumstance or result that took place, or was intended
to take place, outside Australia, could amount to an
offence; but
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Section 476.5
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(ii) in the absence of that computer-related act, event,
circumstance or result, would not amount to an offence;
and
(c) the act is done in the proper performance of a function of the
agency.
(2A) Subsection (2) is not intended to permit any act in relation to
premises, persons, computers, things, or carriage services in
Australia, being:
(a) an act that ASIO could not do without a Minister authorising
it by warrant issued under Division 2 of Part III of the
Australian Security Intelligence Organisation Act 1979 or
under Part 2-2 of the Telecommunications (Interception and
Access) Act 1979; or
(b) an act to obtain information that ASIO could not obtain other
than in accordance with Division 3 of Part 4-1 of the
Telecommunications (Interception and Access) Act 1979.
(2AA) Subsections (1) and (2) have effect despite anything in a law of the
Commonwealth or of a State or Territory, whether passed or made
before or after the commencement of this subsection, unless the
law expressly provides otherwise.
(2AB) Subsection (2AA) does not affect the operation of subsection (2A).
(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:
AGO means that part of the Defence Department known as the
Australian Geospatial-Intelligence Organisation.
ASD means the Australian Signals Directorate.
ASIS means the Australian Secret Intelligence Service.
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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:
(a) the reliability, security or operation of a computer; or
(b) access to, or modification of, data held in a computer or on a
data storage device; or
(c) electronic communication to or from a computer; or
(d) the reliability, security or operation of any data held in or on
a computer, computer disk, credit card, or other data storage
device; or
(e) possession or control of data held in a computer or on a data
storage device; or
(f) producing, supplying or obtaining data held in a computer or
on a data storage device.
staff member means:
(a) in relation to ASIS—the Director-General of ASIS or a
member of the staff of ASIS (whether an employee of ASIS,
a consultant or contractor to ASIS, or a person who is made
available by another Commonwealth or State authority or
other person to perform services for ASIS); and
(b) in relation to ASD—the Director-General of ASD or a
member of the staff of ASD (whether an employee of ASD, a
consultant or contractor to ASD, or a person who is made
available by another Commonwealth or State authority or
other person to perform services for ASD); and
(c) in relation to AGO—the Director of AGO or a member of the
staff of AGO (whether an employee of AGO, a consultant or
contractor to AGO, or a person who is made available by
another Commonwealth or State authority or other person to
perform services for AGO).
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Part 10.7 Computer offences
Division 477 Serious computer offences
Section 477.1
408 Criminal Code Act 1995
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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
(1) A person commits an offence if:
(a) the person causes:
(i) any unauthorised access to data held in a computer; or
(ii) any unauthorised modification of data held in a
computer; or
(iii) any unauthorised impairment of electronic
communication to or from a computer; and
(c) the person knows the access, modification or impairment is
unauthorised; and
(d) the person intends to commit, or facilitate the commission of,
a serious offence against a law of the Commonwealth, a State
or a Territory (whether by that person or another person) by
the access, modification or impairment.
(3) In a prosecution for an offence against subsection (1), it is not
necessary to prove that the defendant knew that the offence was:
(a) an offence against a law of the Commonwealth, a State or a
Territory; or
(b) a serious offence.
Penalty
(6) A person who commits 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.
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Section 477.2
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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.
477.2 Unauthorised modification of data to cause impairment
(1) A person commits an offence if:
(a) the person causes any unauthorised modification of data held
in a computer; and
(b) the person knows the modification is unauthorised; and
(c) the person is reckless as to whether the modification impairs
or will impair:
(i) access to that or any other data held in any computer; or
(ii) the reliability, security or operation, of any such data.
Penalty: 10 years imprisonment.
(3) A person may be guilty of an offence against this section even if
there is or will be no actual impairment to:
(a) access to data held in a computer; or
(b) the reliability, security or operation, of any such data.
(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 commits an offence if:
(a) the person causes any unauthorised impairment of electronic
communication to or from a computer; and
(b) the person knows that the impairment is unauthorised.
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Division 477 Serious computer offences
Section 477.3
410 Criminal Code Act 1995
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Penalty: 10 years imprisonment.
(3) A conviction for an offence against this section is an alternative
verdict to a charge for an offence against section 477.2
(unauthorised modification of data to cause impairment).
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Other computer offences Division 478
Section 478.1
Criminal Code Act 1995 411
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Division 478—Other computer offences
478.1 Unauthorised access to, or modification of, restricted data
(1) A person commits an offence if:
(a) the person causes any unauthorised access to, or modification
of, restricted data; and
(b) the person intends to cause the access or modification; and
(c) the person knows that the access or modification is
unauthorised.
Penalty: 2 years imprisonment.
(3) In this section:
restricted data means data:
(a) held in a computer; and
(b) to which access is restricted by an access control system
associated with a function of the computer.
478.2 Unauthorised impairment of data held on a computer disk etc.
A person commits an offence if:
(a) the person causes any unauthorised impairment of the
reliability, security or operation of data held on:
(i) a computer disk; or
(ii) a credit card; or
(iii) another device used to store data by electronic means;
and
(b) the person intends to cause the impairment; and
(c) the person knows that the impairment is unauthorised.
Penalty: 2 years imprisonment.
478.3 Possession or control of data with intent to commit a computer
offence
(1) A person commits an offence if:
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(a) the person has possession or control of data; and
(b) the person has that possession or control with the intention
that the data be used, by the person or another person, in:
(i) committing an offence against Division 477; or
(ii) facilitating the commission of such an offence.
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:
(a) having possession of a computer or data storage device that
holds or contains the data; or
(b) having possession of a document in which the data is
recorded; or
(c) having control of data held in a computer that is in the
possession of another person (whether inside or outside
Australia).
478.4 Producing, supplying or obtaining data with intent to commit
a computer offence
(1) A person commits an offence if:
(a) the person produces, supplies or obtains data; and
(b) the person does so with the intention that the data be used, by
the person or another person, in:
(i) committing an offence against Division 477; or
(ii) facilitating the commission of such an offence.
Penalty: 3 years imprisonment.
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Section 478.4
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(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:
(a) producing, supplying or obtaining data held or contained in a
computer or data storage device; or
(b) producing, supplying or obtaining a document in which the
data is recorded.
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Part 10.8 Financial information offences
Section 480.1
414 Criminal Code Act 1995
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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:
(a) a deception as to the intentions of the person using the
deception or any other person; and
(b) conduct by a person that causes a computer, a machine or an
electronic device to make a response that the person is not
authorised to cause it to do.
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.
(2) For the purposes of this Part, a person is taken to obtain or deal in
personal information without the consent of the person to whom
the information relates if the consent of that person is obtained by
any deception.
(3) This Part extends to personal information relating to:
(a) an individual; or
(b) a corporation; or
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Section 480.2
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(c) a living or dead person.
480.2 Dishonesty
(1) For the purposes of this Part, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the
standards of ordinary people.
(2) In a prosecution for an offence against this Part, the determination
of dishonesty is a matter for the trier of fact.
480.3 Constitutional application of this Part
This Part applies to personal financial information only if:
(a) the funds concerned represent amounts that have been
deposited with or lent to, or are otherwise to be provided or
made available by, an ADI or a constitutional corporation; or
(b) the credit or other financial benefits concerned are provided,
or made available, by an ADI or a constitutional corporation.
480.4 Dishonestly obtaining or dealing in personal financial
information
A person commits an offence if the person:
(a) dishonestly obtains, or deals in, personal financial
information; and
(b) obtains, or deals in, that information without the consent of
the person to whom the information relates.
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 commits an offence if:
(a) the person has possession or control of any thing; and
(b) the person has that possession or control with the intention
that the thing be used:
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(i) by the person; or
(ii) by another person;
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.
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against section 480.4 (dishonestly
obtaining or dealing in personal financial information) is
impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).
480.6 Importation of thing with intent to dishonestly obtain or deal
in personal financial information
A person commits an offence if the person:
(a) imports a thing into Australia; and
(b) does so with the intention that the thing be used:
(i) by the person; or
(ii) by another person;
in committing 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.
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Accounting records Part 10.9
False dealing with accounting documents Division 490
Section 490.1
Criminal Code Act 1995 417
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Part 10.9—Accounting records
Division 490—False dealing with accounting documents
490.1 Intentional false dealing with accounting documents
(1) A person commits an offence if:
(a) the person:
(i) makes, alters, destroys or conceals an accounting
document; or
(ii) fails to make or alter an accounting document that the
person is under a duty, under a law of the
Commonwealth, a State or Territory or at common law,
to make or alter; and
(b) the person intended the making, alteration, destruction or
concealment of the document (or the failure to make or alter
the document) to facilitate, conceal or disguise the
occurrence of one or more of the following:
(i) the person receiving a benefit that is not legitimately
due to the person;
(ii) the person giving a benefit that is not legitimately due to
the recipient, or intended recipient, of the benefit;
(iii) another person receiving a benefit that is not
legitimately due to the other person;
(iv) another person giving a benefit that is not legitimately
due to the recipient, or intended recipient, of the benefit
(who may be the first-mentioned person);
(v) loss to another person that is not legitimately incurred
by the other person; and
(c) one or more of the circumstances referred to in subsection (2)
applies.
(2) For the purposes of paragraph (1)(c) of this section or
paragraph 490.2(1)(c), the circumstances are:
(a) the person is:
(i) a constitutional corporation, or a corporation that is
incorporated in a Territory; or
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Division 490 False dealing with accounting documents
Section 490.1
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(ii) an officer or employee of a constitutional corporation
acting in the performance of his or her duties or the
carrying out of his or her functions; or
(iii) a person engaged to provide services to a constitutional
corporation and acting in the course of providing those
services; or
(iv) a Commonwealth public official acting in the
performance of his or her duties or the carrying out of
his or her functions; or
(b) the person’s act or omission referred to in paragraph (1)(a):
(i) occurs in a Territory; or
(ii) occurs outside Australia; or
(iii) concerns matters or things outside Australia; or
(iv) facilitates or conceals the commission of an offence
against a law of the Commonwealth; or
(c) the accounting document:
(i) is outside Australia; or
(ii) is in a Territory; or
(iii) is kept under or for the purposes of a law of the
Commonwealth; or
(iv) is kept to record the receipt or use of Australian
currency.
(3) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
Penalty for individual
(4) An offence against this section 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
(5) An offence against this section committed by a body corporate is
punishable on conviction by a fine not more than the greatest of the
following:
(a) 100,000 penalty units;
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(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the conduct constituting the
offence—3 times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
period (the turnover period) of 12 months ending at the end
of the month in which the conduct constituting the offence
occurred.
490.2 Reckless false dealing with accounting documents
(1) A person commits an offence if:
(a) the person:
(i) makes, alters, destroys or conceals an accounting
document; or
(ii) fails to make or alter an accounting document that the
person is under a duty, under a law of the
Commonwealth, a State or Territory or at common law,
to make or alter; and
(b) the person is reckless as to whether the making, alteration,
destruction or concealment of the document (or the failure to
make or alter the document) facilitates, conceals or disguises
the occurrence of one or more of the following:
(i) the person receiving a benefit that is not legitimately
due to the person;
(ii) the person giving a benefit that is not legitimately due to
the recipient, or intended recipient, of the benefit;
(iii) another person receiving a benefit that is not
legitimately due to the other person;
(iv) another person giving a benefit that is not legitimately
due to the recipient, or intended recipient, of the benefit
(who may be the first-mentioned person);
(v) loss to another person that is not legitimately incurred
by the other person; and
(c) one or more of the circumstances referred to in
subsection 490.1(2) applies.
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Division 490 False dealing with accounting documents
Section 490.3
420 Criminal Code Act 1995
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(2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
Penalty for individual
(3) An offence against this section committed by an individual is
punishable on conviction by imprisonment for not more than 5
years, a fine not more than 5,000 penalty units, or both.
Penalty for body corporate
(4) An offence against this section committed by a body corporate is
punishable on conviction by a fine not more than the greatest of the
following:
(a) 50,000 penalty units;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the conduct constituting the
offence—1.5 times the value of that benefit;
(c) if the court cannot determine the value of that benefit—5% of
the annual turnover of the body corporate during the period
(the turnover period) of 12 months ending at the end of the
month in which the conduct constituting the offence
occurred.
490.3 Meaning of annual turnover
(1) For the purposes of this Division, the annual turnover of a body
corporate, during the turnover period, is the sum of the values of all
the supplies that the body corporate, and any body corporate
related to the body corporate, have made, or are likely to make,
during that period, other than the following supplies:
(a) supplies made from any of those bodies corporate to any
other of those bodies corporate;
(b) supplies that are input taxed;
(c) supplies that are not for consideration (and are not taxable
supplies under section 72-5 of the A New Tax System (Goods
and Services Tax) Act 1999);
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(d) supplies that are not made in connection with an enterprise
that the body corporate carries on.
(2) Expressions used in this section that are also used in the A New Tax
System (Goods and Services Tax) Act 1999 have the same meaning
in this section as they have in that Act.
490.4 Related bodies corporate
The question whether 2 bodies corporate are related to each other
is to be determined for the purposes of this Division in the same
way as for the purposes of the Corporations Act 2001.
490.5 Proof of certain matters unnecessary
In a prosecution for an offence against this Division, it is not
necessary to prove:
(a) the occurrence of any of the following:
(i) the defendant receiving or giving a benefit;
(ii) another person receiving or giving a benefit;
(iii) loss to another person; or
(b) that the defendant intended that a particular person receive or
give a benefit, or incur a loss.
490.6 Consent to commencement of proceedings
(1) Proceedings for an offence against this Division must not be
commenced without the Attorney-General’s written consent if:
(a) the conduct constituting the alleged offence occurs wholly in
a foreign country; and
(b) at the time of the alleged offence, the person alleged to have
committed the offence is none of the following:
(i) an Australian citizen;
(ii) a resident of Australia;
(iii) a body corporate incorporated by or under a law of the
Commonwealth or of a State or Territory.
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Section 490.7
422 Criminal Code Act 1995
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(2) However, a person may be arrested for, charged with, or remanded
in custody or released on bail in connection with an offence against
this Division before the necessary consent has been given.
490.7 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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Dictionary
ABN (short for Australian Business Number) has the meaning
given by section 41 of the A New Tax System (Australian Business
Number) Act 1999.
aggravated burglary means an offence against section 132.5.
accounting document means:
(a) any account; or
(b) any record or document made or required for any accounting
purpose; or
(c) any register under the Corporations Act 2001, or any
financial report or financial records within the meaning of
that Act.
aggravated robbery means an offence against section 132.3.
ancillary offence means:
(a) an offence against section 11.1, 11.4 or 11.5; or
(b) an offence against a law of the Commonwealth, to the extent
to which the offence arises out of the operation of
section 11.2, 11.2A or 11.3.
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:
(a) an aircraft registered, or required to be registered, under
regulations made under the Civil Aviation Act 1988; or
(b) an aircraft (other than a defence aircraft) that is owned by, or
in the possession or control of, a Commonwealth entity; or
(c) a defence aircraft.
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Australian Government security clearance means a security
clearance given by the Australian Government Security Vetting
Agency or by another Commonwealth, State or Territory agency
that is authorised or approved by the Commonwealth to issue
security clearances.
Australian ship means:
(a) a ship registered, or required to be registered, under the
Shipping Registration Act 1981; or
(b) an unregistered ship that has Australian nationality; or
(c) a defence ship.
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.
cause a person to engage in sexual intercourse or other sexual
activity has the meaning given by section 272.2.
child: without limiting who is a child of a person for the purposes
of this Code, 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.
Commonwealth authority means a body established by or under a
law of the Commonwealth, but does not include:
(a) a body established by or under:
(ii) the Australian Capital Territory (Self-Government) Act
1988; or
(iii) the Corporations Act 2001; or
(iv) the Norfolk Island Act 1979; or
(v) the Northern Territory (Self-Government) Act 1978; or
(aa) a corporation registered under the Corporations (Aboriginal
and Torres Strait Islander) Act 2006; or
(ab) an organisation registered, or an association recognised,
under the Fair Work (Registered Organisations) Act 2009; or
(b) a body specified in the regulations.
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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:
(a) the Commonwealth; or
(b) a Commonwealth authority.
Commonwealth judicial officer means:
(a) a Justice of the High Court; or
(b) a judge or justice of a court created by the Parliament; or
(d) a registrar or other officer of the High Court; or
(e) a judicial registrar, registrar or other officer of a court created
by the Parliament; or
(f) a judge, justice, magistrate or other judicial officer of a court
of a State or Territory who acts in the exercise of federal
jurisdiction; or
(g) a judicial registrar, registrar or other officer of a court of a
State or Territory who exercises powers, or performs
functions, incidental to the exercise of federal jurisdiction; or
(h) a judge, justice, magistrate or other judicial officer of a court
of a State or Territory who acts in the exercise of jurisdiction
under a law in force in a Territory (other than the Australian
Capital Territory, the Northern Territory or the Territory of
Norfolk Island); or
(i) a judicial registrar, registrar or other officer of a court of a
State or Territory who exercises powers, or performs
functions, incidental to the exercise of jurisdiction under a
law in force in a Territory (other than the Australian Capital
Territory, the Northern Territory or the Territory of Norfolk
Island).
Commonwealth public official means:
(a) the Governor-General; or
(b) a person appointed to administer the Government of the
Commonwealth under section 4 of the Constitution; or
(c) a Minister; or
(d) a Parliamentary Secretary; or
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(e) a member of either House of the Parliament; or
(f) an individual who holds an appointment under section 67 of
the Constitution; or
(g) the Administrator, an Acting Administrator, or a Deputy
Administrator, of the Northern Territory; or
(i) a Commonwealth judicial officer; or
(j) an APS employee; or
(k) an individual employed by the Commonwealth otherwise
than under the Public Service Act 1999; or
(l) a member of the Australian Defence Force; or
(m) a member or special member of the Australian Federal
Police; or
(n) an individual (other than an official of a registered industrial
organisation) who holds or performs the duties of an office
established by or under a law of the Commonwealth, other
than:
(i) the Corporations (Aboriginal and Torres Strait
Islander) Act 2006; or
(ii) the Australian Capital Territory (Self-Government) Act
1988; or
(iii) the Corporations Act 2001; or
(iv) the Norfolk Island Act 1979; or
(v) the Northern Territory (Self-Government) Act 1978; or
(o) an officer or employee of a Commonwealth authority; or
(p) an individual who is a contracted service provider for a
Commonwealth contract; or
(q) an individual who is an officer or employee of a contracted
service provider for a Commonwealth contract and who
provides services for the purposes (whether direct or indirect)
of the Commonwealth contract; or
(r) an individual (other than an official of a registered industrial
organisation) who exercises powers, or performs functions,
conferred on the person by or under a law of the
Commonwealth, other than:
(i) the Corporations (Aboriginal and Torres Strait
Islander) Act 2006; or
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(ii) the Australian Capital Territory (Self-Government) Act
1988; or
(iii) the Corporations Act 2001; or
(iv) the Norfolk Island Act 1979; or
(v) the Northern Territory (Self-Government) Act 1978; or
(vii) a provision specified in the regulations; or
(s) an individual who exercises powers, or performs functions,
conferred on the person under a law in force in the Territory
of Christmas Island or the Territory of Cocos (Keeling)
Islands (whether the law is a law of the Commonwealth or a
law of the Territory concerned); or
(t) the Registrar, or a Deputy Registrar, of Aboriginal and
Torres Strait Islander Corporations.
communication includes any communication:
(a) whether between persons and persons, things and things or
persons and things; and
(b) whether the communication is:
(i) in the form of text; or
(ii) in the form of speech, music or other sounds; or
(iii) in the form of visual images (still or moving); or
(iv) in the form of signals; or
(v) in the form of data; or
(vi) in any other form; or
(vii) in any combination of forms.
conduct is defined in subsection 4.1(2).
confiscate, in relation to a person’s travel or identity document, has
the same meaning as in Division 271 (see section 271.1).
constitutional corporation means a corporation to which
paragraph 51(xx) of the Constitution applies.
constitutional trade and commerce means trade and commerce:
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory; or
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(d) between 2 Territories.
contracted service provider, for a Commonwealth contract, means:
(a) a person who is a party to the Commonwealth contract and
who is responsible for the provision of services to a
Commonwealth entity under the Commonwealth contract; or
(b) a subcontractor for the Commonwealth contract.
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:
(a) information in any form; or
(b) any program (or part of a program).
data held in a computer includes:
(a) data held in any removable data storage device for the time
being held in a computer; or
(b) data held in a data storage device on a computer network of
which the computer forms a part.
data storage device means a thing (for example, a disk or file
server) containing, or designed to contain, data for use by a
computer.
deal, in identification information, has a meaning affected by
section 370.1.
death means:
(a) the irreversible cessation of all function of a person’s brain
(including the brain stem); or
(b) the irreversible cessation of circulation of blood in a person’s
body.
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debt bondage has the same meaning as in Division 270 (see
section 270.1A).
de facto partner has the meaning given by the Acts Interpretation
Act 1901.
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 Minister means the Minister administering the Defence
Force Discipline Act 1982.
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.
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.
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evidence includes anything that may be used as evidence.
evidential burden is defined in subsection 13.3(6).
exploitation has the same meaning as in Division 271 (see
section 271.1A).
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 has the same meaning as in Division 270 (see
section 270.6).
forced marriage has the meaning given by section 270.7A.
foreign country includes:
(a) a colony or overseas territory; and
(b) a territory outside Australia, where a foreign country is to
any extent responsible for the international relations of the
territory; and
(c) a territory outside Australia that is to some extent
self-governing, but that is not recognised as an independent
sovereign state by Australia.
foreign intelligence agency means an intelligence or security
service (however described) of a foreign country.
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.
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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:
(a) the person is in the power of an adverse party; and
(b) the person:
(i) clearly expresses an intention to surrender; or
(ii) has been rendered unconscious or is otherwise
incapacitated by wounds or sickness and is therefore
incapable of defending himself or herself; and
(c) the person abstains from any hostile act and does not attempt
to escape.
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.
identification documentation has the meaning given by
section 370.1.
identification information has the meaning given by section 370.1.
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.
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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).
mutiny has the meaning given by subsection 83.1(2).
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.
parent: without limiting who is a parent of a person for the
purposes of this Code, someone is the parent of a person if the
person is his or her child because of the definition of child in this
Dictionary.
person includes a Commonwealth authority that is not a body
corporate, and another has a corresponding meaning.
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Note: This definition supplements subsection 2C(1) of the Acts
Interpretation Act 1901. That subsection provides that person includes
a body politic or corporate as well as an individual.
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:
(a) encourage, entice or recruit the person to engage in that
activity; or
(b) induce the person (whether by threats, promises or otherwise)
to engage in that activity.
proscribed inhumane act means any of the following acts:
(a) an act that is described in paragraph 268.8(a);
(b) an act that is described in paragraph 268.9(1)(a) and is
committed as mentioned in paragraph 268.9(1)(b);
(c) an act that is described in paragraph 268.10(1)(a);
(d) an act that is described in paragraph 268.11(1)(a) and to
which paragraph 268.11(1)(b) applies;
(e) an act that is described in paragraph 268.12(1)(a) and to
which paragraph 268.12(1)(b) applies;
(f) an act that is described in paragraph 268.13(a) and to which
paragraph 268.13(b) applies;
(g) an act that is described in paragraph 268.14(1)(a) or (2)(a);
(h) an act that is described in paragraph 268.15(1)(a);
(i) an act that is described in paragraph 268.16(1)(a) and to
which paragraph 268.16(1)(b) applies;
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(j) an act that is described in paragraph 268.17(1)(a) and to
which paragraph 268.17(1)(b) applies;
(k) an act that is described in paragraphs 268.18(1)(a) and (b)
and to which paragraph 268.18(1)(c) applies;
(l) an act that is described in paragraph 268.19(1)(a) and is of
the gravity mentioned in paragraph 268.19(1)(b);
(m) an act that is described in paragraph 268.20(1)(a) and is
committed as mentioned in paragraphs 268.20(1)(c), (d) and
(e);
(n) an act that is described in paragraph 268.21(1)(a) and to
which paragraphs 268.21(1)(b) and (c) apply;
(o) an act that is described in paragraph 268.21(2)(c) and is
committed as mentioned in paragraph 268.21(2)(d);
(p) an act that is described in paragraph 268.22(a) and is
committed as mentioned in paragraph 268.22(b);
(q) an act that is described in paragraph 268.23(a) and to which
paragraph 268.23(b) applies.
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.
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public official includes:
(a) a Commonwealth public official; and
(b) an officer or employee of the Commonwealth or of a State or
Territory; and
(c) an individual who performs work for the Commonwealth, or
for a State or Territory, under a contract; and
(d) an individual who holds or performs the duties of an office
established by a law of the Commonwealth or of a State or
Territory; and
(e) an individual who is otherwise in the service of the
Commonwealth or of a State or Territory (including service
as a member of a military force or police force); and
(f) a member of the executive, judiciary or magistracy of the
Commonwealth or of a State or Territory; and
(g) a member of the legislature of the Commonwealth or of a
State or Territory; and
(h) an officer or employee of:
(i) an authority of the Commonwealth; or
(ii) an authority of a State or Territory.
receiving means an offence against section 132.1.
recklessness has the meaning given in section 5.4.
referendum has the same meaning as in the Referendum
(Machinery Provisions) Act 1984.
Regulatory Powers Act means the Regulatory Powers (Standard
Provisions) Act 2014.
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
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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):
(a) that endangers, or is likely to endanger, a person’s life; or
(b) that is or is likely to be significant and longstanding.
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.
servitude has the same meaning as in Division 270 (see
section 270.4).
sexual activity means:
(a) sexual intercourse; or
(b) any other activity of a sexual or indecent nature (including an
indecent assault) that involves the human body, or bodily
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 use or display of the body of the person
providing the service for the sexual gratification of others.
slavery has the meaning given by section 270.1.
slavery-like offence has the same meaning as in Division 270 (see
section 270.1A).
special liability provision means:
(a) a provision that provides that absolute liability applies to one
or more (but not all) of the physical elements of an offence;
or
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(b) a provision that provides that, in a prosecution for an offence,
it is not necessary to prove that the defendant knew a
particular thing; or
(c) a provision that provides that, in a prosecution for an offence,
it is not necessary to prove that the defendant knew or
believed a particular thing.
step-child: without limiting who is a step-child of a person for the
purposes of this Code, someone who is a child of a de facto partner
of the person is the step-child of the person, if he or she would be
the person’s step-child except that the person is not legally married
to the partner.
step-parent: without limiting who is a step-parent of a person for
the purposes of this Code, 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.
subcontractor, for a Commonwealth contract, means a person:
(a) who is a party to a contract (the subcontract):
(i) with a contracted service provider for the
Commonwealth contract (within the meaning of
paragraph (a) of the definition of contracted service
provider); or
(ii) with a subcontractor for the Commonwealth contract
(under a previous application of this definition); and
(b) who is responsible under the subcontract for the provision of
services to a Commonwealth entity, or to a contracted service
provider for the Commonwealth contract, for the purposes
(whether direct or indirect) of the Commonwealth contract.
sworn statement means an oral statement made on oath or
affirmation or a statement in a document verified on oath or
affirmation.
taking a person includes causing the person to accompany another
person and causing the person to be taken.
technical assistance notice has the same meaning as in Part 15 of
the Telecommunications Act 1997.
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technical assistance request has the same meaning as in Part 15 of
the Telecommunications Act 1997.
technical capability notice has the same meaning as in Part 15 of
the Telecommunications Act 1997.
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.
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Endnote 1—About the endnotes
Criminal Code Act 1995 439
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Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnote 1—About the endnotes
440 Criminal Code Act 1995
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be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnote 2—Abbreviation key
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Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Criminal Code Act 1995 12, 1995 15 Mar
1995
1 Jan 1997 (s 2(1) and
gaz 1996, No S534)
Criminal Code
Amendment Act 1998
12, 1998 13 Apr
1998
13 Apr 1998 (s 2) —
Criminal Code
Amendment (Bribery of
Foreign Public Officials)
Act 1999
43, 1999 17 June
1999
17 Dec 1999 (s 2(2)) —
Criminal Code
Amendment (Slavery
and Sexual Servitude)
Act 1999
104, 1999 24 Aug
1999
Sch 1: 21 Sept 1999 (s 2) —
Criminal Code
Amendment
(Application) Act 2000
4, 2000 29 Feb
2000
29 Feb 2000 (s 2) —
Criminal Code
Amendment (United
Nations and Associated
Personnel) Act 2000
124, 2000 26 Oct
2000
1 Jan 2001 (s 2(1) and
gaz 2000, No GN45)
—
Criminal Code
Amendment (Theft,
Fraud, Bribery and
Related Offences) Act
2000
137, 2000 24 Nov
2000
Sch 1 (items 1A, 2, 3, 5,
7A, 7B, 8, 8A–8F, 12–
31, 33–41): 24 May
2001 (s 2(3))
Sch 1 (items 1, 4, 6, 7,
9–11, 32): 24 Nov 2000
(s 2(1)(b))
—
Law and Justice
Legislation Amendment
(Application of Criminal
Code) Act 2001
24, 2001 6 Apr 2001 s 4(1) and (2): 24 May
2001 (s 2(1)(a))
Sch 1 (item 3): 4 May
2001 (s 2(2))
s 4(1) and (2)
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Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Corporations (Repeals,
Consequentials and
Transitionals) Act 2001
55, 2001 28 June
2001
s 4–14 and Sch 3
(items 148–150): 15 July
2001 (s 2(1), (3) and gaz
2001, No S285)
s 4–14
Cybercrime Act 2001 161, 2001 1 Oct 2001 s 4 and Sch 1 (items 3,
4): 21 Dec 2001 (s 2(1)
and gaz 2001, No S529)
s 4
Criminal Code
Amendment (Anti-hoax
and Other Measures) Act
2002
9, 2002 4 Apr 2002 Sch 1: 2 pm (A.C.T.)
16 Oct 2001 (s 2(1)
item 2)
Sch 2 (items 4–6): 4 Apr
2002 (s 2(1) item 3)
—
International Criminal
Court (Consequential
Amendments) Act 2002
42, 2002 27 June
2002
Sch 1: 26 Sept 2002
(s 2(1) item 2)
—
Criminal Code
Amendment
(Suppression of Terrorist
Bombings) Act 2002
58, 2002 3 July 2002 Sch 1 (item 1): 8 Sept
2002 (s 2(1) item 2 and
gaz 2002, No S331)
—
Security Legislation
Amendment (Terrorism)
Act 2002
65, 2002 5 July 2002 s 4: 5 July 2002 (s 2(1)
item 1)
Sch 1 (items 1, 3): never
commenced (s 2(1)
items 2, 4)
Sch 1 (items 2, 4, 5):
6 July 2002 (s 2(1)
items 3, 5)
s 4 and Sch 1
(item 5)
as amended by
Criminal Code
Amendment
(Terrorism) Act 2003
40, 2003 27 May
2003
Sch 2: 29 May 2003
(s 2(1) item 2 and gaz
2003, No S175)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
444 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Suppression of the
Financing of Terrorism
Act 2002
66, 2002 5 July 2002 Sch 1 (item 1): 5 July
2002 (s 2(1) item 2)
Sch 1 (items 2, 3): 6 July
2002 (s 2(1) items 3, 4)
—
Proceeds of Crime
(Consequential
Amendments and
Transitional Provisions)
Act 2002
86, 2002 11 Oct
2002
Sch 1 (item 1): 1 Jan
2003 (s 2(1) item 2)
—
Criminal Code
Amendment (Terrorist
Organisations) Act 2002
89, 2002 23 Oct
2002
23 Oct 2002 (s 2) Sch 1 (item 3)
Criminal Code
Amendment (Espionage
and Related Matters) Act
2002
91, 2002 31 Oct
2002
s 4: 31 Oct 2002 (s 2(1)
item 1)
Sch 1 (item 5): 28 Nov
2002 (s 2(1) item 4)
s 4
Workplace Relations
Legislation Amendment
(Registration and
Accountability of
Organisations)
(Consequential
Provisions) Act 2002
105, 2002 14 Nov
2002
Sch 3 (items 38–40):
12 May 2003 (s 2(1)
item 23)
—
as amended by
Workplace Relations
Legislation
Amendment Act 2002
127, 2002 11 Dec
2002
Sch 3 (items 53–55):
12 May 2003 (s 2(1)
item 32)
—
Criminal Code
Amendment (Offences
Against Australians) Act
2002
106, 2002 14 Nov
2002
Sch 1: 1 Oct 2002 (s 2(1)
item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 445
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Australian Crime
Commission
Establishment Act 2002
125, 2002 10 Dec
2002
Sch 2 (items 31, 32):
1 Jan 2003 (s 2(1)
item 3)
—
Crimes Legislation
Amendment (People
Smuggling, Firearms
Trafficking and Other
Measures) Act 2002
141, 2002 19 Dec
2002
Sch 1, 2 and Sch 3
(items 5–20): 16 Jan
2003 (s 2(1) items 2, 3)
—
Criminal Code
Amendment (Terrorism)
Act 2003
40, 2003 27 May
2003
Sch 1: 29 May 2003
(s 2(1) item 2 and gaz
2003, No S175)
—
Criminal Code
Amendment (Hizballah)
Act 2003
44, 2003 24 June
2003
Sch 1: 29 May 2013
(s 2(1) item 2)
—
Criminal Code
Amendment (Hamas and
Lashkar-e-Tayyiba) Act
2003
109, 2003 7 Nov 2003 5 Nov 2003 (s 2) —
Legislative Instruments
(Transitional Provisions
and Consequential
Amendments) Act 2003
140, 2003 17 Dec
2003
s 4 and Sch 1 (item 16):
1 Jan 2005 (s 2(1)
items 2, 3)
s 4
Criminal Code
Amendment (Terrorist
Organisations) Act 2004
7, 2004 10 Mar
2004
10 Mar 2004 (s 2) —
Anti-terrorism Act 2004 104, 2004 30 June
2004
Sch 1 (items 19, 20):
1 July 2004 (s 2)
—
Anti-terrorism Act
(No. 2) 2004
124, 2004 16 Aug
2004
Sch 3 (items 1–3):
17 Aug 2004 (s 2(1)
item 4)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
446 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Crimes Legislation
Amendment
(Telecommunications
Offences and Other
Measures) Act (No. 2)
2004
127, 2004 31 Aug
2004
Sch 1 (items 1, 6–23,
30): 1 Mar 2005 (s 2(1)
item 2)
Sch 2–4: 28 Sept 2004 (s
2(1) item 3)
Sch 1 (item 30)
and Sch 4
(items 2, 8)
Surveillance Devices Act
2004
152, 2004 15 Dec
2004
Sch 1 (item 4): 15 Dec
2004 (s 2)
—
Australian Passports
(Transitionals and
Consequentials) Act
2005
7, 2005 18 Feb
2005
Sch 1 (item 6): 1 July
2005 (s 2(1) item 3)
—
Australian
Communications and
Media Authority
(Consequential and
Transitional Provisions)
Act 2005
45, 2005 1 Apr 2005 Sch 3 (items 1, 2) and
Sch 4: 1 July 2005
(s 2(1) items 4, 10)
Sch 4
as amended by
Omnibus Repeal Day
(Autumn 2014) Act
2014
109, 2014 16 Oct
2014
Sch 2 (items 177–181):
17 Oct 2014 (s 2(1)
item 2)
—
Criminal Code
Amendment (Suicide
Related Material
Offences) Act 2005
92, 2005 6 July 2005 Sch 1: 6 Jan 2006 (s 2(1)
item 2)
—
Crimes Legislation
Amendment
(Telecommunications
Interception and Other
Measures) Act 2005
95, 2005 6 July 2005 Sch 1: 1 Mar 2005
(s 2(1) item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 447
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Criminal Code
Amendment (Trafficking
in Persons Offences) Act
2005
96, 2005 6 July 2005 Sch 1: 3 Aug 2005
(s 2(1) item 2)
—
Statute Law Revision
Act 2005
100, 2005 6 July 2005 Sch 1 (item 12): 1 Jan
2003 (s 2(1) item 8)
—
Anti-Terrorism Act 2005 127, 2005 3 Nov 2005 Sch 1: 4 Nov 2005
(s 2(1) item 2)
Remainder: 3 Nov 2005
(s 2(1) item 1)
s 4
Intelligence Services
Legislation Amendment
Act 2005
128, 2005 4 Nov 2005 Sch 8 (items 9–12):
2 Dec 2005 (s 2(1)
item 2)
—
Law and Justice
Legislation Amendment
(Serious Drug Offences
and Other Measures) Act
2005
129, 2005 8 Nov 2005 Sch 1 (items 1, 75, 76):
6 Dec 2005 (s 2(1)
item 2)
Sch 2: 26 Oct 2006
(s 2(1) item 3)
Sch 1 (items 75,
76)
Anti-Terrorism Act
(No. 2) 2005
144, 2005 14 Dec
2005
s 4 and Sch 2: 14 Dec
2005 (s 2(1) items 1, 5)
Sch 1 (items 2–21),
Sch 3 (items 1–3) and
Sch 4 (items 1–24):
15 Dec 2005 (s 2(1)
items 2, 6)
Sch 1 (item 22): 16 Feb
2006 (s 2(1) item 3)
Sch 7 (items 5–12):
11 Jan 2006 (s 2(1)
item 7)
s 4
Telecommunications
(Interception)
Amendment Act 2006
40, 2006 3 May 2006 Sch 1 (items 17–19):
13 June 2006 (s 2(1)
item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
448 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
ASIO Legislation
Amendment Act 2006
54, 2006 19 June
2006
Sch 1 (items 12–14):
20 June 20062006
(s 2(1) item 2)
—
Law Enforcement (AFP
Professional Standards
and Related Measures)
Act 2006
84, 2006 30 June
2006
Sch 3 (items 36–45):
30 Dec 2006 2006
(s 2(1) item 2)
—
Law Enforcement
Integrity Commissioner
(Consequential
Amendments) Act 2006
86, 2006 30 June
2006
Sch 1 (item 32): 30 Dec
2006 2006 (s 2(1)
item 2)
—
Corporations (Aboriginal
and Torres Strait
Islander) Consequential,
Transitional and Other
Measures Act 2006
125, 2006 4 Nov 2006 Sch 2 (items 92–96):
1 July 2007 (s 2(1)
item 2)
—
Anti-Money Laundering
and Counter-Terrorism
Financing (Transitional
Provisions and
Consequential
Amendments) Act 2006
170, 2006 12 Dec
2006
Sch 1 (items 21–38):
13 Dec 2006 (s 2(1)
item 4)
—
Law and Justice
Legislation Amendment
(Marking of Plastic
Explosives) Act 2007
3, 2007 19 Feb
2007
Sch 1: 25 Aug 2007
(s 2(1) item 2)
—
Australian Citizenship
(Transitionals and
Consequentials) Act
2007
21, 2007 15 Mar
2007
Sch 1 (items 24, 25) and
Sch 3 (items 14, 19):
1 July 2007 (s 2(1)
item 2)
Sch 3 (items 14,
19)
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 449
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Communications
Legislation Amendment
(Content Services) Act
2007
124, 2007 20 July
2007
Sch 1 (items 78–81):
20 Jan 2008 (s 2(1)
item 2)
—
International Trade
Integrity Act 2007
147, 2007 24 Sept
2007
Sch 2 (items 1–4):
25 Sept 2007 (s 2(1)
item 3)
—
Telecommunications
(Interception and
Access) Amendment Act
2007
177, 2007 28 Sept
2007
Sch 1 (items 14, 68):
1 Nov 2007 (s 2(1)
item 2)
Sch 1 (item 68)
Wheat Export Marketing
(Repeal and
Consequential
Amendments) Act 2008
66, 2008 30 June
2008
Sch 2 (items 1–5): 1 July
2008 (s 2(1) item 2)
—
Defence Legislation
(Miscellaneous
Amendments) Act 2009
18, 2009 26 Mar
2009
Sch 1 (items 1, 2):
15 Feb 2010 (s 2(1)
item 2)
—
Customs Legislation
Amendment (Name
Change) Act 2009
33, 2009 22 May
2009
Sch 2 (item 20): 23 May
2009 (s 2)
—
Fair Work (State
Referral and
Consequential and Other
Amendments) Act 2009
54, 2009 25 June
2009
Sch 5 (items 21–27):
1 July 2009 (s 2(1)
item 11)
—
Disability
Discrimination and
Other Human Rights
Legislation Amendment
Act 2009
70, 2009 8 July 2009 Sch 3 (item 18): 5 Aug
2009 (s 2(1) item 7)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
450 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Crimes Legislation
Amendment (Serious
and Organised Crime)
Act 2010
3, 2010 19 Feb
2010
Sch 4 (items 1–13):
20 Feb 2010 (s 2(1)
item 7)
—
Crimes Legislation
Amendment (Serious
and Organised Crime)
Act (No. 2) 2010
4, 2010 19 Feb
2010
Sch 4 (items 1–3), Sch 8
and Sch 9: 20 Feb 2010
(s 2(1) items 7, 12)
Sch 5 (items 1–24):
19 Mar 2010 (s 2(1)
item 8)
Sch 4 (item 3) and
Sch 5 (item 24)
Statute Law Revision
Act 2010
8, 2010 1 Mar 2010 Sch 1 (item 15) and
Sch 5 (items 28–31,
137): 1 Mar 2010 (s 2(1)
items 2, 31, 38)
—
Crimes Legislation
Amendment (Torture
Prohibition and Death
Penalty Abolition) Act
2010
37, 2010 13 Apr
2010
Sch 1 (items 1–3):
14 Apr 2010 (s 2)
—
Crimes Legislation
Amendment (Sexual
Offences Against
Children) Act 2010
42, 2010 14 Apr
2010
Sch 1 (items 2–60):
15 Apr 2010 (s 2(1)
item 2)
—
Anti-People Smuggling
and Other Measures Act
2010
50, 2010 31 May
2010
Sch 1 (items 1–6):
1 June 2010 (s 2)
—
National Security
Legislation Amendment
Act 2010
127, 2010 24 Nov
2010
Sch 1 (items 4–32) and
Sch 2 (items 2–24):
25 Nov 2010 (s 2(1)
items 2, 4)
Sch 1 (items 33–37):
22 Dec 2010 (s 2(1)
item 3)
Sch 1 (items 16,
29, 31) and Sch 2
(item 4)
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 451
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Law and Justice
Legislation Amendment
(Identity Crimes and
Other Measures) Act
2011
3, 2011 2 Mar 2011 Sch 1 (items 1–5) and
Sch 7 (item 3): 3 Mar
2011 (s 2(1) items 2, 4)
Sch 1 (item 6): never
commenced (s 2(1)
item 3)
—
Statute Law Revision
Act 2011
5, 2011 22 Mar
2011
Sch 5 (items 75–78) and
Sch 6 (items 28–32):
19 Apr 2011 (s 2(1)
items 13, 15)
—
Acts Interpretation
Amendment Act 2011
46, 2011 27 June
2011
Sch 2 (items 459–461)
and Sch 3 (items 10, 11):
27 Dec 2011 (s 2(1)
items 3, 12)
Sch 3 (items 10,
11)
Intelligence Services
Legislation Amendment
Act 2011
80, 2011 25 July
2011
Sch 1 (item 19): 26 July
2011 (s 2)
—
Crimes Legislation
Amendment (Powers and
Offences) Act 2012
24, 2012 4 Apr 2012 Sch 5 (items 1–12):
4 Apr 2012 (s 2(1)
item 8)
—
Telecommunications
Legislation Amendment
(Universal Service
Reform) Act 2012
44, 2012 16 Apr
2012
Sch 1 (items 108–110,
122, 123): 1 July 2012
(s 2(1) items 3, 4)
Sch 1 (items 122,
123)
Criminal Code
Amendment (Cluster
Munitions Prohibition)
Act 2012
114, 2012 8 Sept 2012 Sch 1: 1 Apr 2013
(s 2(1) item 2)
—
Cybercrime Legislation
Amendment Act 2012
120, 2012 12 Sept
2012
Sch 3: 1 Mar 2013
(s 2(1) item 3)
Sch 3 (item 18)
Statute Law Revision
Act 2012
136, 2012 22 Sept
2012
Sch 1 (items 39, 40) and
Sch 3 (item 4): 22 Sept
2012 (s 2(1) items 2, 35)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
452 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Crimes Legislation
Amendment (Serious
Drugs, Identity Crime
and Other Measures) Act
2012
167, 2012 28 Nov
2012
Sch 1 (items 1–19):
28 May 2013 (s 2(1)
item 2)
Sch 1 (items 23, 24) and
Sch 2 (items 1–7, 9,
10(2)): 29 Nov 2012
(s 2(1) items 3, 4)
Sch 1 (items 23,
24) and Sch 2
(item 10(2))
Wheat Export Marketing
Amendment Act 2012
170, 2012 3 Dec 2012 Sch 1 (items 63–67):
10 Dec 2012 (s 2(1)
item 2)
—
Crimes Legislation
Amendment (Slavery,
Slavery-like Conditions
and People Trafficking)
Act 2013
6, 2013 7 Mar 2013 Sch 1 and 3: 8 Mar 2013
(s 2)
Sch 3
Federal Circuit Court of
Australia (Consequential
Amendments) Act 2013
13, 2013 14 Mar
2013
Sch 1 (items 110A–112):
12 Apr 2013 (s 2(1)
item 2)
—
Customs Amendment
(Anti-Dumping
Commission) Act 2013
32, 2013 30 Mar
2013
Sch 1 (item 20): 1 July
2013 (s 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 453
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Crimes Legislation
Amendment (Law
Enforcement Integrity,
Vulnerable Witness
Protection and Other
Measures) Act 2013
74, 2013 28 June
2013
Sch 2 (items 79–85, 93):
29 June 2013 (s 2(1)
item 2)
Sch 2 (item 93)
as amended by
Crimes Legislation
Amendment
(International Crime
Cooperation and
Other Measures) Act
2018
34, 2018 22 May
2018
Sch 5 (items 5, 6):
23 May 2018 (s 2(1)
item 8)
—
Charities (Consequential
Amendments and
Transitional Provisions)
Act 2013
96, 2013 28 June
2013
Sch 1 (items 10–13):
1 Jan 2014 (s 2(1)
item 2)
—
Customs Amendment
(Anti-Dumping
Commission Transfer)
Act 2013
139, 2013 13 Dec
2013
Sch 1 (items 98, 101–
103, 106): 27 Mar 2014
(s 2(1) item 2)
Sch 1 (items 101–
103, 106)
Statute Law Revision
Act (No. 1) 2014
31, 2014 27 May
2014
Sch 1 (item 17) and Sch
9 (items 8–17): 24 June
2014 (s 2(1) items 2, 9)
—
National Security
Legislation Amendment
Act (No. 1) 2014
108, 2014 2 Oct 2014 Sch 1 (items 38–41, 78–
87): 30 Oct 2014 (s 2(1)
item 2)
Sch 7 (items 95–102,
144, 145): 3 Oct 2014 (s
2(1) items 3, 5)
Sch 1 (items 78–
87) and Sch 7
(items 144, 145)
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
454 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Counter-Terrorism
Legislation Amendment
(Foreign Fighters) Act
2014
116, 2014 3 Nov 2014 Sch 1 (items 57–110):
1 Dec 2014 (s 2(1)
item 2)
—
Counter-Terrorism
Legislation Amendment
Act (No. 1) 2014
134, 2014 12 Dec
2014
Sch 1: 9 Jan 2015 (s 2(1)
item 2)
—
Statute Law Revision
Act (No. 1) 2015
5, 2015 25 Feb
2015
Sch 1 (item 11) and
Sch 3 (item 61): 25 Mar
2015 (s 2(1) items 2, 10)
—
Crimes Legislation
Amendment
(Psychoactive
Substances and Other
Measures) Act 2015
12, 2015 5 Mar 2015 Sch 1 (item 1): 5 Sept
2015 (s 2(1) item 2)
Sch 2 (items 1–13, 15–
18), Sch 4 and Sch 6
(items 1–5): 6 Mar 2015
(s 2(1) items 3, 5, 7)
Sch 2 (item 17)
and Sch 4 (item 2)
Enhancing Online Safety
for Children
(Consequential
Amendments) Act 2015
25, 2015 24 Mar
2015
Sch 2 (items 9–14) and
Sch 3: 1 July 2015
(s 2(1) items 4, 6)
Sch 3
Telecommunications
Legislation Amendment
(Deregulation) Act 2015
38, 2015 13 Apr
2015
Sch 1 (items 11, 12,
138–163): 1 July 2015
(s 2(1) item 3)
Sch 1 (items 138–
163)
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
41, 2015 20 May
2015
Sch 5 (items 59, 60),
Sch 6 (items 61, 62) and
Sch 9: 1 July 2015
(s 2(1) items 2, 7)
Sch 5 (item 60),
Sch 6 (item 62)
and Sch 9
as amended by
Australian Border
Force Amendment
(Protected
Information) Act 2017
115, 2017 30 Oct
2017
Sch 1 (item 26): 1 July
2015 (s 2(1) item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 455
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Norfolk Island
Legislation Amendment
Act 2015
59, 2015 26 May
2015
Sch 1 (item 95) and
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
items 2, 6)
Sch 1 (items 184–203):
27 May 2015 (s 2(1)
item 3)
Sch 2 (item 119): 1 July
2016 (s 2(1) item 5)
Sch 1 (items 184–
203) and Sch 2
(items 356–396)
as amended by
Territories Legislation
Amendment Act 2016
33, 2016 23 Mar
2016
Sch 2: 24 Mar 2016
(s 2(1) item 2)
—
Tribunals Amalgamation
Act 2015
60, 2015 26 May
2015
Sch 8 (item 18) and
Sch 9: 1 July 2015
(s 2(1) items 19, 22)
Sch 9
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 1 (items 150–158): 5
Mar 2016 (s 2(1) item 2)
—
Crimes Legislation
Amendment (Powers,
Offences and Other
Measures) Act 2015
153, 2015 26 Nov
2015
Sch 1–4 and Sch 15
(item 7): 27 Nov 2015 (s
2(1) items 2, 3)
Sch 1 (item 8)
Crimes Legislation
Amendment (Harming
Australians) Act 2015
163, 2015 30 Nov
2015
Sch 1: 1 Dec 2015
(s 2(1) item 2)
—
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (items 1, 87–106,
355–358): 10 Mar 2016
(s 2(1) item 6)
—
Crimes Legislation
Amendment (Proceeds
of Crime and Other
Measures) Act 2016
15, 2016 29 Feb
2016
Sch 2 and 3: 1 Mar 2016
(s 2(1) item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
456 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 2 (items 13–16):
21 Oct 2016 (s 2(1)
item 1)
—
Counter-Terrorism
Legislation Amendment
Act (No. 1) 2016
82, 2016 29 Nov
2016
Sch 1 (items 1, 2), Sch 2
(items 1–34), Sch 3
(items 1–3), Sch 4
(item 1), Sch 5 (items 1,
2), Sch 6 (items 1–3),
Sch 7 (item 1), Sch 8
(items 2, 3) and Sch 11
(items 1–4): 30 Nov
2016 (s 2(1) item 2)
—
Law Enforcement
Legislation Amendment
(State Bodies and Other
Measures) Act 2016
86, 2016 30 Nov
2016
Sch 1 (items 1, 56–58)
and Sch 2 (item 4):
1 Dec 2016 (s 2(1)
items 2, 4, 5)
Sch 1 (items 48, 54, 55):
1 July 2017 (s 2(1)
item 3)
Sch 1 (items 1,
54–58)
Criminal Code
Amendment (High Risk
Terrorist Offenders) Act
2016
95, 2016 7 Dec 2016 Sch 1 (items 1A–3):
7 June 2017 (s 2(1)
item 2)
—
Criminal Code
Amendment (War
Crimes) Act 2016
97, 2016 7 Dec 2016 8 Dec 2016 (s 2(1)
item 1)
Sch 1 (items 13,
14)
Criminal Code
Amendment (Protecting
Minors Online) Act 2017
50, 2017 22 June
2017
Sch 1: 23 June 2017
(s 2(1) item 1)
—
Enhancing Online Safety
for Children Amendment
Act 2017
51, 2017 22 June
2017
Sch 1 (items 33–35, 48,
51): 23 June 2017 (s 2(1)
item 1)
Sch 1 (items 48,
51)
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 457
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Passports Legislation
Amendment (Overseas
Travel by Child Sex
Offenders) Act 2017
73, 2017 26 June
2017
Sch 1 (items 13, 22):
13 Dec 2017 (s 2(1)
item 2)
Sch 1 (item 22)
Intelligence Services
Amendment
(Establishment of the
Australian Signals
Directorate) Act 2018
25, 2018 11 Apr
2018
Sch 1 (items 55–58,
100–108): 1 July 2018
(s 2(1) item 2)
Sch 1 (items 100–
108)
Home Affairs and
Integrity Agencies
Legislation Amendment
Act 2018
31, 2018 9 May 2018 Sch 2 (items 98–114,
284): 11 May 2018
(s 2(1) items 3, 7)
Sch 2 (item 284)
Crimes Legislation
Amendment
(International Crime
Cooperation and Other
Measures) Act 2018
34, 2018 22 May
2018
Sch 6 (items 5–19, 23–
32): 23 May 2018 (s 2(1)
item 8)
Sch 6 (items 31,
32)
Statute Update (Autumn
2018) Act 2018
41, 2018 22 May
2018
Sch 1 (item 1): 19 June
2018 (s 2(1) item 2)
—
Criminal Code
Amendment
(Impersonating a
Commonwealth Body)
Act 2018
44, 2018 21 June
2018
22 June 2018 (s 2(1)
item 1)
—
National Security
Legislation Amendment
(Espionage and Foreign
Interference) Act 2018
67, 2018 29 June
2018
Sch 1 (items 1–25, 43A,
43B) and Sch 3: 30 June
2018 (s 2(1) items 2, 4)
Sch 2 (items 6, 7): 29
Dec 2018 (s 2(1) item 3)
Sch 1 (item 25)
and Sch 2 (item 7)
Counter-Terrorism
Legislation Amendment
Act (No. 1) 2018
74, 2018 24 Aug
2018
Sch 1 (items 2–15, 20–
23): 25 Aug 2018 (s 2(1)
item 1)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
458 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Crimes Legislation
Amendment (Powers,
Offences and Other
Measures) Act 2018
75, 2018 24 Aug
2018
Sch 4: 25 Aug 2018
(s 2(1) item 1)
Sch 4 (item 2)
Legislation Amendment
(Sunsetting Review and
Other Measures) Act
2018
78, 2018 24 Aug
2018
Sch 2 (item 19): never
commenced (s 2(1)
item 6)
—
Enhancing Online Safety
(Non-consensual Sharing
of Intimate Images) Act
2018
96, 2018 31 Aug
2018
Sch 2: 1 Sept 2018 (s
2(1) item 1)
—
Criminal Code
Amendment (Food
Contamination) Act
2018
98, 2018 21 Sept
2018
22 Sept 2018 (s 2(1)
item 1)
—
Telecommunications and
Other Legislation
Amendment (Assistance
and Access) Act 2018
148, 2018 8 Dec 2018 Sch 1 (items 2–4): 9 Dec
2018 (s 2(1) item 2)
—
Office of National
Intelligence
(Consequential and
Transitional Provisions)
Act 2018
156, 2018 10 Dec
2018
Sch 2 (item 45) and Sch
4: 20 Dec 2018 (s 2(1)
items 2, 4)
Sch 3: 29 Dec 2018 (s
2(1) item 3)
Sch 4
Industrial Chemicals
(Consequential
Amendments and
Transitional Provisions)
Act 2019
13, 2019 12 Mar
2019
Sch 1 (item 6): 1 July
2020 (s 2(1) item 2)
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 3—Legislation history
Criminal Code Act 1995 459
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Criminal Code
Amendment (Sharing of
Abhorrent Violent
Material) Act 2019
38, 2019 5 Apr 2019 6 Apr 2019 (s 2(1)
item 1)
—
Name Registration Commencement Application, saving
and transitional
provisions
Workplace Relations
Amendment (Work
Choices) (Consequential
Amendments)
Regulations 2006
(No. 1) (SLI No. 50,
2006)
17 Mar 2006
(F2006L00820)
Sch 34: 27 Mar 2006
(r 2(b))
—
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
460 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Endnote 4—Amendment history
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
am No 31, 2018; No 67, 2018
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
s. 3.2 ..............................................am. No. 137, 2000
Division 4
s. 4.1 ..............................................am. No. 137, 2000; No. 161, 2001
s. 4.3 ..............................................am. No. 6, 2013
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 461
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 9.4 ..............................................am. No. 140, 2003; No. 127, 2004; No 126, 2015
Division 10
s. 10.5 ............................................ad. No. 137, 2000
Part 2.4
Division 11
s. 11.1 ............................................am. No. 137, 2000; No. 3, 2010; No 4, 2016
s. 11.2 ............................................am. No. 137, 2000; No. 127, 2004; No. 3, 2010
s. 11.2A..........................................ad. No. 3, 2010
s. 11.3 ............................................am. No. 3, 2010
s. 11.4 ............................................am. No. 137, 2000; No 4, 2016
s. 11.5 ............................................am. No. 137, 2000; No 4, 2016
s. 11.6 ............................................am. No. 137, 2000; No. 3, 2010
Part 2.7
Part 2.7...........................................ad. No. 137, 2000
Division 14
s. 14.1 ............................................ad. No. 137, 2000
am. No. 3, 2010; No 4, 2016
Division 15
s. 15.1 ............................................ad. No. 137, 2000
am. No. 3, 2010; No 4, 2016
s. 15.2 ............................................ad. No. 137, 2000
am. No. 3, 2010; No 4, 2016
s. 15.3 ............................................ad. No. 137, 2000
am. No. 3, 2010
s. 15.4 ............................................ad. No. 137, 2000
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
462 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Chapter 4
Chapter 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; No 153, 2015; No 4, 2016
s. 70.3 ............................................ad. No. 43, 1999
am. No. 147, 2007; No 4, 2016
s. 70.4 ............................................ad. No. 43, 1999
am No 4, 2016
s. 70.5 ............................................ad. No. 43, 1999
am. No. 137, 2000; No. 3, 2010
s. 70.6 ............................................ad. No. 43, 1999
Division 71
Division 71 ....................................ad. No. 124, 2000
s. 71.1 ............................................ad. No. 124, 2000
s. 71.2 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.3 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.4 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.5 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.6 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.7 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.8 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 463
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 71.9 ............................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.10...........................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.11...........................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
s. 71.12...........................................ad. No. 124, 2000
am No 4, 2016; No 61, 2016
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
am. No. 136, 2012
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
am. No. 5, 2011
s. 71.22...........................................ad. No. 124, 2000
s. 71.23...........................................ad. No. 124, 2000
am. No. 8, 2010; No. 5, 2011
Division 72
Division 72 heading .......................rs. No. 3, 2007
Division 72 ....................................ad. No. 58, 2002
Subdivision A
Subdivision A heading...................ad. No. 3, 2007
s. 72.1 ............................................ad. No. 58, 2002
am. No. 3, 2007; No. 8, 2010
s. 72.2 ............................................ad. No. 58, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
464 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am. No. 3, 2007
s. 72.3 ............................................ad. No. 58, 2002
am No 95, 2016
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
s. 72.7 ............................................ad. No. 58, 2002
am. No. 3, 2007
s. 72.8 ............................................ad. No. 58, 2002
am. No. 21, 2007
s. 72.9 ............................................ad. No. 58, 2002
am. No. 3, 2007
s. 72.10...........................................ad. No. 58, 2002
am. No. 3, 2007
Subdivision B
Subdivision B ................................ad. No. 3, 2007
s. 72.11...........................................ad. No. 3, 2007
s. 72.12...........................................ad. No. 3, 2007
am No 31, 2014
s. 72.13...........................................ad. No. 3, 2007
am No 31, 2014
s. 72.14...........................................ad. No. 3, 2007
am No 31, 2014
s. 72.15...........................................ad. No. 3, 2007
am No 31, 2014
s. 72.16...........................................ad. No. 3, 2007
s. 72.17...........................................ad. No. 3, 2007
s. 72.18...........................................ad. No. 3, 2007
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 465
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 72.19...........................................ad. No. 3, 2007
am No 31, 2014
exp end of 25 Aug 2022 (s 72.19(5))
s. 72.20...........................................ad. No. 3, 2007
rep No 31, 2014
s. 72.21...........................................ad. No. 3, 2007
exp 25 Feb 2008 (s 72.21(5))
rep No 31, 2014
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
am No 31, 2014
rs No 31, 2018
s. 72.29...........................................ad. No. 3, 2007
am No 31, 2014
s. 72.30...........................................ad. No. 3, 2007
am No 31, 2014
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; No 31, 2018
Subdivision C
Subdivision C ................................ad. No. 114, 2012
s. 72.37...........................................ad. No. 114, 2012
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
466 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 72.38...........................................ad. No. 114, 2012
s. 72.39...........................................ad. No. 114, 2012
s. 72.40...........................................ad. No. 114, 2012
s. 72.41...........................................ad. No. 114, 2012
s. 72.42...........................................ad. No. 114, 2012
s. 72.43...........................................ad. No. 114, 2012
s. 72.44...........................................ad. No. 114, 2012
s. 72.45...........................................ad. No. 114, 2012
Division 73
Division 73 ....................................ad. No. 141, 2002
Subdivision A
s. 73.1 ............................................ad. No. 141, 2002
am. No. 50, 2010
s. 73.2 ............................................ad. No. 141, 2002
am. No. 96, 2005; No. 50, 2010; No. 6, 2013
s. 73.3 ............................................ad. No. 141, 2002
am. No. 50, 2010
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
am No 4, 2016
s. 73.9 ............................................ad. No. 141, 2002
am No 4, 2016
s. 73.10...........................................ad. No. 141, 2002
am No 4, 2016
s. 73.11...........................................ad. No. 141, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 467
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 4, 2016
s. 73.12...........................................ad. No. 141, 2002
Chapter 5
Chapter 5 heading ..........................ad. No. 66, 2002
Part 5.1
Part 5.1 heading .............................rs No 144, 2005; No 127, 2010; No 116, 2014; No 82, 2016; No 67,
2018
Part 5.1...........................................ad. No. 65, 2002
Division 80
Division 80 heading .......................rs No 144, 2005; No 127, 2010; No 116, 2014; No 82, 2016
Subdivision A
Subdivision A heading...................ad. No. 127, 2010
s 80.1A...........................................ad No 144, 2005
am No 67, 2018
s 80.1AAA.....................................ad No 67, 2018
Subdivision B
Subdivision B heading ...................ad. No. 127, 2010
s. 80.1 ............................................ad. No. 65, 2002
am. No. 144, 2005; No. 127, 2010
s 80.1AA........................................ad No 127, 2010
am No 116, 2014; No 126, 2015
rs No 67, 2018
s 80.1AB ........................................ad No 67, 2018
s 80.1AC ........................................ad No 67, 2018
Subdivision C
Subdivision C heading ...................ad No 127, 2010
rs No 116, 2014; No 82, 2016
s. 80.2 ............................................ad. No. 144, 2005
am. No. 127, 2010
s. 80.2A..........................................ad. No. 127, 2010
s. 80.2B..........................................ad. No. 127, 2010
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
468 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s 80.2C...........................................ad No 116, 2014
s 80.2D...........................................ad No 82, 2016
Subdivision D
Subdivision D heading...................ad. No. 127, 2010
s 80.3 .............................................ad No 144, 2005
am. No. 127, 2010; No 67, 2018
s 80.4 .............................................ad No 144, 2005
am No 127, 2010; No 116, 2014; No 67, 2018
s. 80.5 ............................................ad. No. 144, 2005
rep. No. 127, 2010
s. 80.6 ............................................ad. No. 144, 2005
Division 82
Division 82 ....................................ad No 67, 2018
Subdivision A
s 82.1 .............................................ad No 67, 2018
s 82.2 .............................................ad No 67, 2018
am No 98, 2018
s 82.2A...........................................ad No 67, 2018
Subdivision B
s 82.3 .............................................ad No 67, 2018
s 82.4 .............................................ad No 67, 2018
s 82.5 .............................................ad No 67, 2018
s 82.6 .............................................ad No 67, 2018
s 82.7 .............................................ad No 67, 2018
s 82.8 .............................................ad No 67, 2018
s 82.9 .............................................ad No 67, 2018
s 82.10 ...........................................ad No 67, 2018
s 82.11 ...........................................ad No 67, 2018
s 82.12 ...........................................ad No 67, 2018
s 82.13 ...........................................ad No 67, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 469
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Division 83
Division 83 ....................................ad No 67, 2018
s 83.1A...........................................ad No 67, 2018
s 83.1 .............................................ad No 67, 2018
s 83.2 .............................................ad No 67, 2018
s 83.3 .............................................ad No 67, 2018
s 83.4 .............................................ad No 67, 2018
s 83.5 .............................................ad No 67, 2018
Part 5.2
Part 5.2 heading .............................rs No 67, 2018
Part 5.2...........................................ad. No. 91, 2002
Division 90
s. 90.1 ............................................ad. No. 91, 2002
am No 67, 2018
s 90.2 .............................................ad No 67, 2018
s 90.3 .............................................ad No 67, 2018
s 90.4 .............................................ad No 67, 2018
s 90.5 .............................................ad No 67, 2018
s 90.6 .............................................ad No 67, 2018
Division 91
Division 91 ....................................rs No 67, 2018
Subdivision A
s 91.1 .............................................ad No 91, 2002
rs No 67, 2018
s 91.2 .............................................ad No 91, 2002
rs No 67, 2018
s 91.3 .............................................ad No 67, 2018
s 91.4 .............................................ad No 67, 2018
s 91.5 .............................................ad No 67, 2018
s 91.6 .............................................ad No 67, 2018
s 91.7 .............................................ad No 67, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
470 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Subdivision B
s 91.8 .............................................ad No 67, 2018
s 91.9 .............................................ad No 67, 2018
s 9.10 .............................................ad No 67, 2018
Subdivision C
s 91.11 ...........................................ad No 67, 2018
s 91.12 ...........................................ad No 67, 2018
s 91.13 ...........................................ad No 67, 2018
s 91.14 ...........................................ad No 67, 2018
Division 92
Division 92 ....................................ad No 67, 2018
Subdivision A
s 92.1 .............................................ad No 67, 2018
Subdivision B
s 92.2 .............................................ad No 67, 2018
s 92.3 .............................................ad No 67, 2018
s 92.4 .............................................ad No 67, 2018
s 92.5 .............................................ad No 67, 2018
s 92.6 .............................................ad No 67, 2018
Subdivision C
s 92.7 .............................................ad No 67, 2018
s 92.8 .............................................ad No 67, 2018
s 92.9 .............................................ad No 67, 2018
s 92.10 ...........................................ad No 67, 2018
s 92.11 ...........................................ad No 67, 2018
Division 92A
Division 92A..................................ad No 67, 2018
s 92A.1...........................................ad No 67, 2018
s 92A.2...........................................ad No 67, 2018
Division 93
s 93.1 .............................................ad No 91, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 471
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
rs No 67, 2018
s. 93.2 ............................................ad. No. 91, 2002
am No 67, 2018
s 93.4 .............................................ad No 67, 2018
s 93.5 .............................................ad No 67, 2018
Division 94
s 94.1 .............................................ad No 91, 2002
am No 67, 2018
Part 5.3
Part 5.3...........................................ad. No. 66, 2002
rs. No. 40, 2003
Division 100
Division 100 ..................................ad. No. 66, 2002
rs. No. 40, 2003
s. 100.1...........................................ad. No. 66, 2002
rs. No. 40, 2003
am No 144, 2005; No 13, 2013; No 108, 2014; No 116, 2014; No 82,
2016; No 95, 2016; No 31, 2018
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
am. No. 127, 2010; No. 46, 2011
s. 100.6...........................................ad. No. 40, 2003
s. 100.7...........................................ad. No. 40, 2003
s. 100.8...........................................ad. No. 40, 2003
Division 101
Division 101 ..................................ad. No. 65, 2002
rs. No. 40, 2003
s. 101.1...........................................ad. No. 65, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
472 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
Division 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 No 44, 2003; No 109, 2003; No 7, 2004; No 124, 2004; No 144,
2005; No 42, 2010; No 127, 2010; No 116, 2014; No 126, 2015; No 31,
2018
s 102.1AA......................................ad No 116, 2014
am No 31, 2018
s. 102.1A........................................ad. No. 7, 2004
am. No. 127, 2010; No 134, 2014; No 126, 2015
Subdivision B
s. 102.2...........................................ad. No. 65, 2002
rs. No. 40, 2003
s. 102.3...........................................ad. No. 65, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 473
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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; No 116, 2014
s. 102.6...........................................ad. No. 65, 2002
rs. No. 40, 2003
am. No. 144, 2005; No 82, 2016
s. 102.7...........................................ad. No. 65, 2002
rs. No. 40, 2003
s. 102.8...........................................ad. No. 124, 2004
am. No. 144, 2005; No 82, 2016
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
Division 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
Division 104 ..................................ad. No. 144, 2005
Subdivision A
Subdivision A ................................rs No 134, 2014
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
474 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 104.1...........................................ad. No. 144, 2005
rs No 134, 2014
Subdivision B
s. 104.2...........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 82, 2016; No 95, 2016; No 31,
2018
s. 104.3...........................................ad. No. 144, 2005
rs No 134, 2014
am No 31, 2018
s. 104.4...........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 82, 2016
s. 104.5...........................................ad. No. 144, 2005
am. No. 8, 2010; No 116, 2014; No 134, 2014; No 82, 2016; No 95,
2016; No 74, 2018
Subdivision C
s. 104.6...........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 31, 2018
s. 104.7...........................................ad. No. 144, 2005
am No 31, 2018
s. 104.8...........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 31, 2018
s. 104.9...........................................ad. No. 144, 2005
am No 31, 2018
s. 104.10.........................................ad. No. 144, 2005
am No 134, 2014; No 95, 2016; No 31, 2018
s. 104.11.........................................ad. No. 144, 2005
Subdivision CA
Subdivision CA..............................ad No 74, 2018
s 104.11A.......................................ad No 74, 2018
Subdivision D
s. 104.12.........................................ad. No. 144, 2005
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 475
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 116, 2014; No 82, 2016; No 95, 2016
s. 104.12A......................................ad. No. 144, 2005
am No 134, 2014; No 82, 2016; No 95, 2016
s. 104.13.........................................ad. No. 144, 2005
s. 104.14.........................................ad. No. 144, 2005
am No 82, 2016; No 74, 2018
s. 104.15.........................................ad. No. 144, 2005
s. 104.16.........................................ad. No. 144, 2005
am No 82, 2016
s. 104.17.........................................ad. No. 144, 2005
am No 116, 2014; No 82, 2016; No 95, 2016
Subdivision E
s. 104.18.........................................ad. No. 144, 2005
am No 82, 2016
s. 104.19.........................................ad. No. 144, 2005
am No 82, 2016
s. 104.20.........................................ad. No. 144, 2005
am No 82, 2016; No 95, 2016
s. 104.21.........................................ad. No. 144, 2005
s. 104.22.........................................ad. No. 144, 2005
Subdivision F
s. 104.23.........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 82, 2016
s. 104.24.........................................ad. No. 144, 2005
am No 116, 2014; No 134, 2014; No 82, 2016
s. 104.25.........................................ad. No. 144, 2005
s. 104.26.........................................ad. No. 144, 2005
am No 116, 2014; No 82, 2016; No 95, 2016
Subdivision G
Subdivision G heading...................rs No 82, 2016
s. 104.27.........................................ad. No. 144, 2005
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
476 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s 104.27A.......................................ad No 82, 2016
Subdivision H
Subdivision H heading...................rs No 82, 2016
s. 104.28.........................................ad. No. 144, 2005
am No 82, 2016
Subdivision I
Subdivision I heading ....................ad No 82, 2016
s. 104.28A......................................ad. No. 144, 2005
s 104.28AA....................................ad No 74, 2018
s 104.28B.......................................ad No 95, 2016
s. 104.29.........................................ad. No. 144, 2005
am. No. 84, 2006; No 82, 2016; No 31, 2018; No 41, 2018
s. 104.30.........................................ad. No. 144, 2005
am No 31, 2018
s. 104.31.........................................ad. No. 144, 2005
s. 104.32.........................................ad. No. 144, 2005
am No 116, 2014; No 74, 2018
Division 105
Division 105 ..................................ad. No. 144, 2005
Subdivision A
s. 105.1...........................................ad. No. 144, 2005
am No 82, 2016
s 105.2 ...........................................ad No 144, 2005
am No 13, 2013; No 82, 2016; No 31, 2018
s. 105.3...........................................ad. No. 144, 2005
Subdivision B
s. 105.4...........................................ad. No. 144, 2005
am No 116, 2014; No 82, 2016
s. 105.5...........................................ad. No. 144, 2005
s. 105.5A........................................ad. No. 144, 2005
s. 105.6...........................................ad. No. 144, 2005
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 477
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 105.7...........................................ad. No. 144, 2005
am No 116, 2014
s. 105.8...........................................ad. No. 144, 2005
am No 116, 2014; No 74, 2018
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
am. No. 13, 2013
s. 105.12.........................................ad. No. 144, 2005
am. No. 13, 2013; No 116, 2014; No 74, 2018
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
am No 116, 2014; No 74, 2018
s. 105.16.........................................ad. No. 144, 2005
am No 116, 2014; No 74, 2018
s. 105.17.........................................ad. No. 144, 2005
s. 105.18.........................................ad. No. 144, 2005
am. No. 13, 2013
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
s. 105.25.........................................ad. No. 144, 2005
am. No. 54, 2006
s. 105.26.........................................ad. No. 144, 2005
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
478 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
am. No. 127, 2010
s. 105.36.........................................ad. No. 144, 2005
am. No. 84, 2006
s 105.37..........................................ad No 144, 2005
am No 84, 2006; No 31, 2018
s. 105.38.........................................ad. No. 144, 2005
am. No. 84, 2006
s. 105.39.........................................ad. No. 144, 2005
am No 108, 2014
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
am No 108, 2014
s. 105.43.........................................ad. No. 144, 2005
am. No. 13, 2013; No 108, 2014
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 479
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 105.44.........................................ad. No. 144, 2005
s. 105.45.........................................ad. No. 144, 2005
Subdivision F
s. 105.46.........................................ad. No. 144, 2005
am. No. 13, 2013
s. 105.47.........................................ad. No. 144, 2005
am. No. 84, 2006; No 31, 2018
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
am No 60, 2015
s. 105.52.........................................ad. No. 144, 2005
s. 105.53.........................................ad. No. 144, 2005
am No 116, 2014; No 74, 2018
Division 105A
Division 105A................................ad No 95, 2016
Subdivision A
s 105A.1.........................................ad No 95, 2016
s 105A.2.........................................ad No 95, 2016
Subdivision B
s 105A.3.........................................ad No 95, 2016
s 105A.4.........................................ad No 95, 2016
Subdivision C
s 105A.5.........................................ad No 95, 2016
am No 31, 2018; No 74, 2018
s 105A.6.........................................ad No 95, 2016
am No 31, 2018
s 105A.7.........................................ad No 95, 2016
am No 31, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
480 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s 105A.8.........................................ad No 95, 2016
s 105A.9.........................................ad No 95, 2016
am No 31, 2018
Subdivision D
s 105A.10.......................................ad No 95, 2016
am No 31, 2018
s 105A.11.......................................ad No 95, 2016
s 105A.12.......................................ad No 95, 2016
am No 31, 2018
Subdivision E
s 105A.13.......................................ad No 95, 2016
s 105A.14.......................................ad No 95, 2016
s 105A.15.......................................ad No 95, 2016
s 105A.15A....................................ad No 95, 2016
s 105A.16.......................................ad No 95, 2016
s 105A.17.......................................ad No 95, 2016
s 105A.18.......................................ad No 95, 2016
Subdivision F
s 105A.19.......................................ad No 95, 2016
am No 31, 2018
s 105A.20.......................................ad No 95, 2016
am No 31, 2018
s 105A.21.......................................ad No 95, 2016
am No 31, 2018
s 105A.22.......................................ad No 95, 2016
am No 31, 2018
s 105A.23.......................................ad No 95, 2016
s 105A.24.......................................ad No 95, 2016
s 105A.25.......................................ad No 95, 2016
Division 106
Division 106 ..................................ad. No. 40, 2003
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 481
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 106.1...........................................ad. No. 40, 2003
am. No. 144, 2005
s. 106.2...........................................ad. No. 144, 2005
s. 106.3...........................................ad. No. 144, 2005
s. 106.4...........................................ad. No. 13, 2013
s 106.5 ...........................................ad No 116, 2014
s 106.6 ...........................................ad No 134, 2014
s 106.7 ...........................................ad No 82, 2016
s 106.8 ...........................................ad No 95, 2016
s 106.9 ...........................................ad No 74, 2018
Part 5.4
Part 5.4...........................................ad. No. 106, 2002
Division 115
Division 115 heading (prev............
Division 104 heading)
renum No 144, 2005
s 104.1 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.1 (prev s 104.1).....................am No 163, 2015; No 4, 2016
s 104.2 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.2 (prev s 104.2).....................am No 163, 2015; No 4, 2016
s 104.3 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.3 (prev s 104.3).....................am No 4, 2016
s 104.4 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.4 (prev s 104.4).....................am No 4, 2016
s 104.5 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.5 (prev s 104.5)
s 104.6 ...........................................ad No 106, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
482 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
renum No 144, 2005
s 115.6 (prev s 104.6)
s 104.7 ...........................................ad No 106, 2002
am No 7, 2005
renum No 144, 2005
s 115.7 (prev s 104.7).....................am No 21, 2007
s 104.8 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.8 (prev s 104.8)
s 104.9 ...........................................ad No 106, 2002
renum No 144, 2005
s 115.9 (prev s 104.9)
Part 5.5
Part 5.5...........................................ad No 116, 2014
Division 117
s 117.1 ...........................................ad No 116, 2014
am No 95, 2016; No 31, 2018
s 117.2 ...........................................ad No 116, 2014
Division 119
s 119.1 ...........................................ad No 116, 2014
s 119.2 ...........................................ad No 116, 2014
am No 74, 2018
exp end of 7 Sept 2021 (s 119.2(6))
s 119.3 ...........................................ad No 116, 2014
am No 126, 2015; No 74, 2018
s 119.4 ...........................................ad No 116, 2014
s 119.5 ...........................................ad No 116, 2014
s 119.6 ...........................................ad No 116, 2014
s 119.7 ...........................................ad No 116, 2014
s 119.8 ...........................................ad No 116, 2014
am No 31, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 483
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s 119.9 ...........................................ad No 116, 2014
s 119.10..........................................ad No 116, 2014
s 119.11..........................................ad No 116, 2014
s 119.12..........................................ad No 116, 2014
Part 5.6
Part 5.6...........................................ad No 67, 2018
Division 121
s 121.1 ...........................................ad No 67, 2018
am No 156, 2018
s 121.2 ...........................................ad No 67, 2018
Division 122
s 122.1 ...........................................ad No 67, 2018
s 122.2 ...........................................ad No 67, 2018
s 122.3 ...........................................ad No 67, 2018
s 122.4 ...........................................ad No 67, 2018
s 122.4A.........................................ad No 67, 2018
s 122.5 ...........................................ad No 67, 2018
Division 123
s 123.1 ...........................................ad No 67, 2018
s 123.2 ...........................................ad No 67, 2018
s 123.3 ...........................................ad No 67, 2018
s 123.4 ...........................................ad No 67, 2018
s 123.5 ...........................................ad No 67, 2018
Chapter 7
Chapter 7 .......................................ad. No. 137, 2000
Part 7.1
Division 130
s. 130.1...........................................ad. No. 137, 2000
am. No. 46, 2011
s. 130.2...........................................ad. No. 137, 2000
s. 130.3...........................................ad. No. 137, 2000
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
484 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 130.4...........................................ad. No. 137, 2000
Part 7.2
Division 131
s. 131.1...........................................ad. No. 137, 2000
am No 4, 2016
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
am No 4, 2016
s. 132.2...........................................ad. No. 137, 2000
am No 4, 2016
s. 132.3...........................................ad. No. 137, 2000
am No 4, 2016
s. 132.4...........................................ad. No. 137, 2000
am No 4, 2016
s. 132.5...........................................ad. No. 137, 2000
am No 4, 2016
s. 132.6...........................................ad. No. 137, 2000
am No 4, 2016
s 132.7 ...........................................ad No 137, 2000
am No 4, 2016; No 67, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 485
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 132.8...........................................ad. No. 137, 2000
am No 4, 2016
s 132.8A.........................................ad No 67, 2018
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
am No 4, 2016
s. 134.2...........................................ad. No. 137, 2000
am No 4, 2016
s. 134.3...........................................ad. No. 137, 2000
Division 135
s. 135.1...........................................ad. No. 137, 2000
am No 4, 2016; No 75, 2018
s. 135.2...........................................ad. No. 137, 2000
am. No. 141, 2002; No. 127, 2004; No 4, 2016
s. 135.4...........................................ad. No. 137, 2000
am No 4, 2016
s. 135.5...........................................ad. No. 137, 2000
Part 7.4
Division 136
s. 136.1...........................................ad. No. 137, 2000
am. No. 141, 2002; No. 66, 2008; No. 170, 2012; No 4, 2016
Division 137
s. 137.1...........................................ad. No. 137, 2000
am. No. 141, 2002; No 4, 2016
s 137.1A.........................................ad No 67, 2018
s. 137.2...........................................ad. No. 137, 2000
am No 4, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
486 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
am No 4, 2016
s. 139.2...........................................ad. No. 137, 2000
am No 4, 2016
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; No 4, 2016
Division 142
s. 142.1...........................................ad. No. 137, 2000
am No 4, 2016
s. 142.2...........................................ad. No. 137, 2000
am No 4, 2016
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 487
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Division 144
s. 144.1...........................................ad. No. 137, 2000
am No 4, 2016
Division 145
s. 145.1...........................................ad. No. 137, 2000
am No 4, 2016
s. 145.2...........................................ad. No. 137, 2000
am. No. 141, 2002; No 4, 2016
s. 145.3...........................................ad. No. 137, 2000
am No 4, 2016
s. 145.4...........................................ad. No. 137, 2000
am No 4, 2016
s. 145.5...........................................ad. No. 137, 2000
am No 4, 2016
s. 145.6...........................................ad. No. 137, 2000
Part 7.8
Part 7.8 heading .............................rs No 44, 2018
Division 146
s. 146.1...........................................ad. No. 137, 2000
am. No. 125, 2002; No. 86, 2006; No. 33, 2009; No 32, 2013; No 139,
2013; No 41, 2015
s. 146.2...........................................ad. No. 137, 2000
Division 147
s. 147.1...........................................ad. No. 137, 2000
am. No. 141, 2002; No 4, 2016
s. 147.2...........................................ad. No. 137, 2000
am No 4, 2016
s. 147.3...........................................ad. No. 137, 2000
Division 148
s. 148.1...........................................ad. No. 137, 2000
am. No. 141, 2002; No 4, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
488 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 148.2...........................................ad. No. 137, 2000
am. No. 141, 2002; No 4, 2016
s. 148.3...........................................ad. No. 137, 2000
Division 149
s. 149.1...........................................ad. No. 137, 2000
am No 4, 2016
Division 150
Division 150 ..................................ad No 44, 2018
Subdivision A
s 150.1 ...........................................ad No 44, 2018
Subdivision B
s 150.5 ...........................................ad No 44, 2018
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
Chapter 8 heading ..........................rs. No. 42, 2002
Chapter 8 .......................................ad. No. 104, 1999
Division 268
Division 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
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 489
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
am. No. 6, 2013
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
490 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
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
am No 96, 2013
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
am. No. 6, 2013
s. 268.61.........................................ad. No. 42, 2002
s. 268.62.........................................ad. No. 42, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 491
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 268.63.........................................ad. No. 42, 2002
s. 268.64.........................................ad. No. 42, 2002
s. 268.65.........................................ad. No. 42, 2002
am No 97, 2016
s. 268.66.........................................ad. No. 42, 2002
s. 268.67.........................................ad. No. 42, 2002
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
am No 97, 2016
s. 268.71.........................................ad. No. 42, 2002
am No 97, 2016
s. 268.72.........................................ad. No. 42, 2002
am No 97, 2016
s. 268.73.........................................ad. No. 42, 2002
s. 268.74.........................................ad. No. 42, 2002
am No 153, 2015
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
am No 96, 2013
s. 268.81.........................................ad. No. 42, 2002
s. 268.82.........................................ad. No. 42, 2002
s. 268.83.........................................ad. No. 42, 2002
am. No. 6, 2013
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
492 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 493
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
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
s 268.125........................................ad No 97, 2016
Division 270
Division 270 heading .....................rs. No 6, 2013; No 34, 2018
Subdivision A
Subdivision A ................................ad. No. 6, 2013
s. 270.1A........................................ad. No. 6, 2013
am No 34, 2018
Subdivision B
Subdivision B heading ...................ad No 6, 2013
s 270.1 ...........................................ad No 104, 1999
s 270.2 ...........................................ad No 104, 1999
s 270.3 ...........................................ad No 104, 1999
am No 6, 2013; No 4, 2016
s 270.3A.........................................ad No 12, 2015
s 270.3B.........................................ad No 12, 2015
Subdivision C
Subdivision C heading ...................rs No 34, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
494 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Subdivision C ................................ad No 6, 2013
s. 270.4...........................................ad. No. 104, 1999
am. No. 96, 2005
rs. No. 6, 2013
s. 270.5...........................................ad. No. 104, 1999
rs. No. 96, 2005; No. 6, 2013
s. 270.6...........................................ad. No. 104, 1999
am. No. 96, 2005
rs. No. 6, 2013
s. 270.6A........................................ad. No. 6, 2013
s. 270.7...........................................ad. No. 104, 1999
am. No. 96, 2005
rs. No. 6, 2013
s. 270.7A........................................ad. No. 6, 2013
am No 153, 2015
s. 270.7B........................................ad. No. 6, 2013
am No 153, 2015
s 270.7C.........................................ad No 34, 2018
s. 270.8...........................................ad. No. 104, 1999
rs. No. 6, 2013
s. 270.9...........................................ad. No. 104, 1999
rs. No. 6, 2013
s. 270.10.........................................ad. No. 104, 1999
rep. No. 96, 2005
ad. No. 6, 2013
am No 34, 2018
Subdivision D
Subdivision D heading...................ad No 6, 2013
s. 270.11.........................................ad. No. 104, 1999
rep. No. 96, 2005
ad. No. 6, 2013
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 495
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 270.12.........................................ad. No. 104, 1999
am. No. 6, 2013; No. 74, 2013
s. 270.13.........................................ad. No. 104, 1999
am. No. 6, 2013
s. 270.14.........................................ad. No. 104, 1999
rep. No. 6, 2013
Division 271
Division 271 heading .....................rs No 34, 2018
Division 271 ..................................ad. No. 96, 2005
Subdivision A
s. 271.1...........................................ad. No. 96, 2005
am. No. 6, 2013; No 31, 2014
s. 271.1A........................................ad. No. 6, 2013
am No 34, 2018
Subdivision B
s. 271.2...........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.3...........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.4...........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.5...........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.6...........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.7...........................................ad. No. 96, 2005
am. No. 6, 2013
Subdivision BA
Subdivision BA..............................ad. No. 6, 2013
s. 271.7A........................................ad. No. 6, 2013
s. 271.7B........................................ad. No. 6, 2013
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
496 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 271.7C........................................ad. No. 6, 2013
s. 271.7D........................................ad. No. 6, 2013
s. 271.7E ........................................ad. No. 6, 2013
Subdivision BB
Subdivision BB..............................ad. No. 6, 2013
s. 271.7F ........................................ad. No. 6, 2013
s. 271.7G........................................ad. No. 6, 2013
Subdivision C ................................rep No 34, 2018
s. 271.8...........................................ad. No. 96, 2005
am. No. 6, 2013
rep No 34, 2018
s. 271.9...........................................ad. No. 96, 2005
rs. No. 6, 2013
rep No 34, 2018
Subdivision D
Subdivision D heading...................rs. No. 6, 2013
s. 271.10.........................................ad. No. 96, 2005
am. No. 6, 2013; No 34, 2018
s. 271.11.........................................ad. No. 96, 2005
am. No. 6, 2013
s. 271.11A......................................ad. No. 6, 2013
am No 34, 2018
s. 271.11B......................................ad. No. 6, 2013
s. 271.12.........................................ad. No. 96, 2005
am. No. 6, 2013; No. 74, 2013
s. 271.13.........................................ad. No. 96, 2005
Division 271A
Division 271A................................ad No 73, 2017
s 271A.1.........................................ad No 73, 2017
Division 272
Division 272 ..................................ad. No. 42, 2010
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 497
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Subdivision A
s. 272.1...........................................ad. No. 42, 2010
s. 272.2...........................................ad. No. 42, 2010
s. 272.3...........................................ad. No. 42, 2010
am. No. 127, 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
am. No. 74, 2013
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 ................................rep. No. 74, 2013
s. 272.21.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 272.22.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 272.23.........................................ad. No. 42, 2010
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
498 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
rep. No. 74, 2013
s. 272.24.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 272.25.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 272.26.........................................ad. No. 42, 2010
rep. No. 74, 2013
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
s. 272.31.........................................ad. No. 42, 2010
Division 273
Division 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
am. No. 74, 2013
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
am No 25, 2015; No 51, 2017
Subdivision D ................................rep. No. 74, 2013
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 499
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 273.10.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 273.11.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 273.12.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 273.13.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 273.14.........................................ad. No. 42, 2010
rep. No. 74, 2013
s. 273.15.........................................ad. No. 42, 2010
rep. No. 74, 2013
Division 274
Division 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
Division 279
Division 279 ..................................ad. No. 74, 2013
s. 279.1...........................................ad. No. 74, 2013
am No 34, 2018
s. 279.2...........................................ad. No. 74, 2013
s. 279.3...........................................ad. No. 74, 2013
s. 279.4...........................................ad. No. 74, 2013
s. 279.5...........................................ad. No. 74, 2013
s. 279.6...........................................ad. No. 74, 2013
s. 279.7...........................................ad. No. 74, 2013
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
500 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Chapter 9
Chapter 9 .......................................ad. No. 141, 2002
Part 9.1
Part 9.1...........................................ad. No. 129, 2005
Division 300
s. 300.1...........................................ad. No. 129, 2005
am. No. 8, 2010; No. 167, 2012
s 300.2 ...........................................ad No 129, 2005
am No 4, 2010; No 167, 2012; No 31, 2018
s. 300.3...........................................ad. No. 129, 2005
s. 300.4...........................................ad. No. 129, 2005
s. 300.5...........................................ad. No. 129, 2005
am No 153, 2015
s 300.6 ...........................................ad No 153, 2015
Division 301
Division 301 ..................................rs. No. 167, 2012
Subdivision A
s. 301.1...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.2...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.3...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.4...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.5...........................................ad. No. 129, 2005
rs. No. 167, 2012
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 501
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 31, 2018
s. 301.6...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.7...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.8...........................................ad. No. 129, 2005
rs. No. 167, 2012
am No 31, 2018
s. 301.9...........................................ad. No. 129, 2005
am No 15, 2016
Subdivision B
s 301.10..........................................ad No 129, 2005
rs No 167, 2012
am No 31, 2018
s 301.11..........................................ad No 129, 2005
am No 8, 2010
rs No 167, 2012
am No 12, 2015; No 31, 2018
s 301.12..........................................ad No 129, 2005
rs No 167, 2012
am No 31, 2018
Subdivision C
s 301.13..........................................ad No 167, 2012
am No 31, 2018
s 301.14..........................................ad No 167, 2012
am No 31, 2018
s 301.15..........................................ad No 167, 2012
am No 31, 2018
s. 301.16.........................................ad. No. 167, 2012
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
502 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 126, 2015; No 31, 2018
s. 301.17.........................................ad. No. 167, 2012
am No 126, 2015; No 31, 2018
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
am No 15, 2016
s. 305.2...........................................ad. No. 129, 2005
s. 305.3...........................................ad. No. 129, 2005
s. 305.4...........................................ad. No. 129, 2005
s. 305.5...........................................ad. No. 129, 2005
s. 305.6...........................................ad. No. 129, 2005
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 503
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
am. No. 167, 2012
Subdivision B
s. 307.5...........................................ad. No. 129, 2005
s. 307.6...........................................ad. No. 129, 2005
s. 307.7...........................................ad. No. 129, 2005
am. No. 167, 2012
Subdivision C
s. 307.8...........................................ad. No. 129, 2005
s. 307.9...........................................ad. No. 129, 2005
s. 307.10.........................................ad. No. 129, 2005
am. No. 167, 2012
Subdivision D
s. 307.11.........................................ad. No. 129, 2005
am No 153, 2015
s. 307.12.........................................ad. No. 129, 2005
am No 153, 2015
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
504 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 307.13.........................................ad. No. 129, 2005
am No 153, 2015
s. 307.14.........................................ad. No. 129, 2005
rep No 153, 2015
Division 308
s. 308.1...........................................ad. No. 129, 2005
am. No. 167, 2012
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
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
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 505
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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
Division 312
s 312.1 ...........................................ad No 129, 2005
am No 12, 2015
s 312.2 ...........................................ad No 129, 2005
am No 12, 2015
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
506 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
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 ..................................rep. No. 167, 2012
s. 314.1...........................................ad. No. 129, 2005
am. No. 24, 2012
rep. No. 167, 2012
s. 314.2...........................................ad. No. 129, 2005
rep. No. 167, 2012
s. 314.3...........................................ad. No. 129, 2005
am. No. 24, 2012
rep. No. 167, 2012
s. 314.4...........................................ad. No. 129, 2005
am. No. 24, 2012
rep. No. 167, 2012
s. 314.5...........................................ad. No. 129, 2005
rep. No. 167, 2012
s. 314.6...........................................ad. No. 129, 2005
am. No. 24, 2012
rep. No. 167, 2012
Part 9.2
Part 9.2...........................................ad No 12, 2015
Division 320
s 320.1 ...........................................ad No 12, 2015
s 320.2 ...........................................ad No 12, 2015
am No 13, 2019
s 320.3 ...........................................ad No 12, 2015
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 507
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Part 9.4
Division 360
s 360.1 ...........................................ad No 141, 2002
am No 12, 2015
s 360.2 ...........................................ad No 141, 2002
am No 12, 2015; No 4, 2016
s 360.3 ...........................................ad No 141, 2002
am No 12, 2015; No 4, 2016
s 360.4 ...........................................ad No 141, 2002
am No 12, 2015
Division 361
Division 361 ..................................ad No 12, 2015
s 361.1 ...........................................ad No 12, 2015
s 361.2 ...........................................ad No 12, 2015
s 361.3 ...........................................ad No 12, 2015
s 361.4 ...........................................ad No 12, 2015
s 361.6 ...........................................ad No 12, 2015
Part 9.5
Part 9.5...........................................ad No 3, 2011
Division 370
s. 370.1...........................................ad. No. 3, 2011
s. 370.2...........................................ad. No. 167, 2012
s. 370.3...........................................ad. No. 167, 2012
Division 372
s. 372.1...........................................ad. No. 3, 2011
am. No. 167, 2012
s. 372.1A........................................ad. No. 167, 2012
s. 372.2...........................................ad. No. 3, 2011
am. No. 167, 2012
s. 372.3...........................................ad. No. 3, 2011
am. No. 167, 2012
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
508 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 372.4...........................................ad. No. 3, 2011
s. 372.5...........................................ad. No. 3, 2011
am. No. 167, 2012
s. 372.6...........................................ad. No. 3, 2011
Division 375
s. 375.1...........................................ad. No. 3, 2011
s. 375.2...........................................ad. No. 3, 2011
s. 375.3...........................................ad. No. 3, 2011
s. 375.4...........................................ad. No. 3, 2011
Division 376
Division 376 ..................................ad. No. 167, 2012
s. 376.1...........................................ad. No. 167, 2012
s. 376.2...........................................ad. No. 167, 2012
s. 376.3...........................................ad. No. 167, 2012
s. 376.4...........................................ad. No. 167, 2012
s. 376.5...........................................ad. No. 167, 2012
Part 9.6
Part 9.6...........................................ad. No. 127, 2004
s. 380.1...........................................ad. No. 127, 2004
s. 380.2...........................................ad. No. 127, 2004
am No 4, 2016; No 98, 2018
s. 380.3...........................................ad. No. 127, 2004
am No 4, 2016; No 98, 2018
s. 380.4...........................................ad. No. 127, 2004
am No 4, 2016; No 98, 2018
s. 380.5...........................................ad. No. 127, 2004
am No 98, 2018
Part 9.9
Part 9.9...........................................ad. No. 4, 2010
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 509
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Division 390
Subdivision A
s. 390.1...........................................ad. No. 4, 2010
am. No. 127, 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
Chapter 10
Chapter 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
am. No. 4, 2010; No 4, 2016
s. 400.4...........................................ad. No. 86, 2002
am. No. 4, 2010; No 4, 2016
s. 400.5...........................................ad. No. 86, 2002
am. No. 4, 2010; No 4, 2016
s. 400.6...........................................ad. No. 86, 2002
am. No. 4, 2010; No 4, 2016
s. 400.7...........................................ad. No. 86, 2002
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
510 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am. No. 4, 2010; No 4, 2016
s. 400.8...........................................ad. No. 86, 2002
am. No. 4, 2010; No 4, 2016
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; No 4, 2016
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
am No 4, 2016
s. 400.16.........................................ad. No. 86, 2002
Part 10.5
Division 470
s 470.1 ...........................................ad No 137, 2000
am No 9, 2002; No 31, 2018
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
Subdivision A heading...................ad. No. 42, 2010
s. 471.1...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.2...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.3...........................................ad. No. 137, 2000
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 511
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 4, 2016
s. 471.4...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.5...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.6...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.7...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.8...........................................ad. No. 137, 2000
am No 4, 2016
s. 471.9...........................................ad. No. 137, 2000
am. No. 9, 2002
s. 471.10.........................................ad. No. 9, 2002
am No 4, 2016
s. 471.11.........................................ad. No. 9, 2002
am. No. 127, 2004; No 4, 2016
s. 471.12.........................................ad. No. 9, 2002
am. No. 127, 2004; No 4, 2016
s. 471.13.........................................ad. No. 9, 2002
am No 4, 2016
s. 471.14.........................................ad. No. 9, 2002
am. No. 9, 2002
s. 471.15.........................................ad. No. 9, 2002
am No 4, 2016
Subdivision B
Subdivision B ................................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
am No 31, 2018
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
512 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 471.19.........................................ad. No. 42, 2010
s. 471.20.........................................ad. No. 42, 2010
s. 471.21.........................................ad. No. 42, 2010
am No 31, 2018
s. 471.22.........................................ad. No. 42, 2010
s. 471.23.........................................ad. No. 42, 2010
Subdivision C
Subdivision C ................................ad. No. 42, 2010
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
Subdivision D ................................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; No 8, 2010; No 42, 2010; No 5, 2011;
No 44, 2012; No 108, 2014; No 38, 2015; No 153, 2015; No 86, 2016;
No 25, 2018; No 31, 2018; No 96, 2018; No 156, 2018
s. 473.2...........................................ad. No. 137, 2000
rs. No. 127, 2004
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 513
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 473.3...........................................ad. No. 137, 2000
rs. No. 127, 2004
s. 473.4...........................................ad. No. 127, 2004
am No 96, 2018
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
am No 4, 2016
Subdivision B
s. 474.3...........................................ad. No. 127, 2004
s. 474.4...........................................ad. No. 127, 2004
am. No. 40, 2006; No 4, 2016
s. 474.5...........................................ad. No. 127, 2004
am No 4, 2016
s. 474.6...........................................ad. No. 127, 2004
am No 4, 2016; No 148, 2018
s. 474.7...........................................ad. No. 127, 2004
am No 4, 2016
s. 474.8...........................................ad. No. 127, 2004
am No 4, 2016
s. 474.9...........................................ad. No. 127, 2004
am No 4, 2016
s. 474.10.........................................ad. No. 127, 2004
am No 4, 2016
s. 474.11.........................................ad. No. 127, 2004
am No 4, 2016
s. 474.12.........................................ad. No. 127, 2004
am No 4, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
514 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
Subdivision C
Subdivision C heading ...................rs. No. 42, 2010
s. 474.13.........................................ad. No. 127, 2004
am. No. 8, 2010
rep. No. 42, 2010
s. 474.14.........................................ad. No. 127, 2004
am No 4, 2016
s. 474.15.........................................ad. No. 127, 2004
am No 4, 2016
s. 474.16.........................................ad. No. 127, 2004
am No 4, 2016
s 474.17..........................................ad No 127, 2004
am No 44, 2012; No 4, 2016; No 31, 2018
s 474.17A.......................................ad No 96, 2018
s 474.17B.......................................ad No 96, 2018
s. 474.18.........................................ad. No. 127, 2004
am No 4, 2016
Subdivision D
Subdivision D heading...................ad. No. 42, 2010
s. 474.19.........................................ad. No. 127, 2004
am. No. 42, 2010; No 4, 2016
s. 474.20.........................................ad. No. 127, 2004
am. No. 42, 2010; No 4, 2016
s 474.21..........................................ad No 127, 2004
am No 45, 2005; No 124, 2007; No 25, 2015; No 51, 2017; No 31,
2018
s. 474.22.........................................ad. No. 127, 2004
am. No. 42, 2010; No 4, 2016
s. 474.23.........................................ad. No. 127, 2004
am. No. 42, 2010; No 4, 2016
s 474.24..........................................ad No 127, 2004
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 515
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 45, 2005; No 124, 2007; No 25, 2015; No 51, 2017; No 31,
2018
s. 474.24A......................................ad. No. 42, 2010
s. 474.24B......................................ad. No. 42, 2010
s. 474.24C......................................ad. No. 42, 2010
Subdivision E
Subdivision E heading ...................ad. No. 42, 2010
s 474.25..........................................ad No 127, 2004
am No 8, 2010; No 38, 2019
Subdivision F
Subdivision F heading....................ad No 42, 2010
rs No 50, 2017
s 474.25A.......................................ad No 42, 2010
s 474.25B.......................................ad No 42, 2010
am No 5, 2015
s 474.25C.......................................ad No 50, 2017
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
s. 474.28.........................................ad. No. 127, 2004
am. No. 42, 2010
s. 474.29.........................................ad. No. 127, 2004
rs. No. 42, 2010
Subdivision G
Subdivision G heading...................ad. No. 42, 2010
s. 474.29A......................................ad. No. 92, 2005
am No 4, 2016
s. 474.29B......................................ad. No. 92, 2005
am No 4, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
516 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s 474.30..........................................ad No 127, 2004
rep No 42, 2010
Subdivision H
Subdivision H ................................ad No 38, 2019
s 474.30..........................................ad No 38, 2019
s 474.31..........................................ad No 38, 2019
s 474.32..........................................ad No 38, 2019
s 474.33..........................................ad No 38, 2019
s 474.34..........................................ad No 38, 2019
s 474.35..........................................ad No 38, 2019
s 474.36..........................................ad No 38, 2019
s 474.37..........................................ad No 38, 2019
s 474.38..........................................ad No 38, 2019
s 474.39..........................................ad No 38, 2019
s 474.40..........................................ad No 38, 2019
s 474.41..........................................ad No 38, 2019
s 474.42..........................................ad No 38, 2019
s 474.43..........................................ad No 38, 2019
s 474.44..........................................ad No 38, 2019
s 474.45..........................................ad No 38, 2019
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
am No 38, 2019
Part 10.7
Part 10.7.........................................ad. No. 161, 2001
Division 476
s 476.1 ...........................................ad No 161, 2001
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
Criminal Code Act 1995 517
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
am No 127, 2004; No 5, 2011; No 120, 2012
s 476.2 ...........................................ad No 161, 2001
am No 152, 2004; No 148, 2018
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; Nos.
5 and 80, 2011; No 108, 2014; No 25, 2018
Division 477
s. 477.1...........................................ad. No. 161, 2001
am. No. 127, 2004; No. 3, 2011; No. 120, 2012; No 4, 2016
s. 477.2...........................................ad. No. 161, 2001
am. No. 127, 2004; No. 120, 2012; No 4, 2016
s. 477.3...........................................ad. No. 161, 2001
am. No. 127, 2004; No. 120, 2012; No 4, 2016
Division 478
s. 478.1...........................................ad. No. 161, 2001
am. No. 127, 2004; No. 120, 2012; No 4, 2016
s. 478.2...........................................ad. No. 161, 2001
am. No. 120, 2012; No 4, 2016
s. 478.3...........................................ad. No. 161, 2001
am No 4, 2016
s. 478.4...........................................ad. No. 161, 2001
am No 4, 2016
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
am No 4, 2016
Authorised Version C2019C00152 registered 29/04/2019
Endnotes
Endnote 4—Amendment history
518 Criminal Code Act 1995
Compilation No. 127 Compilation date: 6/4/19 Registered: 29/4/19
Provision affected How affected
s. 480.5...........................................ad. No. 127, 2004
am No 4, 2016
s. 480.6...........................................ad. No. 127, 2004
am. No. 8, 2010; No 4, 2016
Part 10.9
Part 10.9.........................................ad No 15, 2016
Division 490
s 490.1 ...........................................ad No 15, 2016
s 490.2 ...........................................ad No 15, 2016
s 490.3 ...........................................ad No 15, 2016
s 490.4 ...........................................ad No 15, 2016
s 490.5 ...........................................ad No 15, 2016
s 490.6 ...........................................ad No 15, 2016
s 490.7 ...........................................ad No 15, 2016
Dictionary
Dictionary ......................................am No 43, 1999; No 104, 1999; No 124, 2000; No 137, 2000; No 55,
2001; No 42, 2002; No 105, 2002 (as am by No 127, 2002); No 127,
2004; No 96, 2005; SLI No 50, 2006; No 125, 2006; No 18, 2009; No
54, 2009; No 70, 2009; No 3, 2010; No 4, 2010; No 42, 2010; No 127,
2010; No 3, 2011; No 46, 2011; No 136, 2012; No 6, 2013; No 13,
2013; No 5, 2015; No 59, 2015; No 153, 2015; No 15, 2016; No 34,
2018; No 44, 2018; No 67, 2018; No 148, 2018
Authorised Version C2019C00152 registered 29/04/2019