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Crimes Act 1914
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C2025C00312 (C27A)
17 July 1990
-
03 March 1991
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Part I—Preliminary
1 Short title
3 Interpretation
3A Operation of Act
3B Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island
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Part IA—General
4 Application of common law
4A Meaning of certain words
4B Pecuniary penalties—natural persons and bodies corporate
4C Offences under 2 or more laws
4D Penalties
4E Pecuniary penalties
4F Effect of alterations in penalties
4G Indictable offences
4H Summary offences
4J Certain indictable offences may be dealt with summarily
4K Continuing and multiple offences
5 Aiders and abettors
6 Accessory after the fact
7 Attempts
7A Inciting to or urging the commission of offences
8 Power of arrest without warrant
8A Arrest without warrant for suspected offences
9 Seizure and condemnation of forfeitable goods
10 Search warrant
13 Institution of proceedings in respect of offences
14 Proof of exceptions etc.
15 Remand of defendant
15A Enforcement of fines etc.
15B Time for commencement of prosecutions
15C Form of indictments, information and summonses
15D Burden of proof of lawful authority
15E Privilege of Parliament not affected
15F Civil rights not affected
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Part IB—Sentencing, imprisonment and release of federal offenders
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Division 1—Interpretation
16 Interpretation
Division 2—General Sentencing Principles
16A Matters to which court to have regard when passing sentence etc.
16B Court to have regard to other periods of imprisonment required to be served
16BA Taking other offences into account
16C Fines
16D No corporal punishment
Division 3—Sentences of imprisonment
16E Commencement of sentences
16F Court to explain sentence
16G Federal sentence to be adjusted if no State or Territory remission laws apply
17A Restriction on imposing sentences
18 Sentence of imprisonment
19 Cumulative, partly cumulative or concurrent sentences
19A Detention of person in State or Territory prisons
19AA Remissions and reductions of sentences
Division 4—The fixing of non parole periods and the making of recognizance release orders
19AB When court must fix a non parole period
19AC Persons already subject to a non parole period or recognizance release order
19AD When court must make a recognizance release order
19AE Court may decline to fix non parole period or to make recognizance release order in certain cases
19AF Non parole period or pre release periods not to exceed remitted sentence
19AG Non applicability of State or Territory remission or reduction laws to be taken into account
19AH Failure to fix non parole period or make recognizance release order
19AJ Court may only fix non parole periods or make recognizance release orders for federal sentences of imprisonment
19AK Possible deportation no impediment to fixing non parole period
Division 5—Conditional release on parole or licence
19AL Release on parole
19AM Person not to be released on parole if still serving State or Territory sentence
19AN Parole order is subject to conditions
19AP Release on licence
19AQ When parole order or licence automatically revoked
19AR Fixing of non parole period etc. where parole or licence automatically revoked
19AS Court to issue warrant of detention where person required to serve balance of sentence
19AT What happens when later conviction is quashed?
19AU Attorney General may revoke parole order or licence
19AV Arrest of person whose parole order or licence revoked by Attorney General
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
19AZ Evidence before prescribed authority
19AZA Disobedience of summons etc.
19AZB Can person be released on parole or licence if earlier parole order or licence revoked?
19AZC Effect of parole order and licence on sentence
19AZD State and Territory laws providing for leave of absence, pre release etc. to apply to federal offenders
19B Discharge of offenders without proceeding to conviction
20 Conditional release of offenders after conviction
20A Failure to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
20AB Additional sentencing alternatives
20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1)
Division 6—Unfitness to be tried
20B Consequences of preliminary finding that person unfit to be tried
20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
20BB Persons found by a court to be likely to be fit within 12 months
20BC Persons found by a court not to be likely to be fit within 12 months
20BD Review by Attorney General
20BE Attorney General may order release
20BF Release order may be revoked
20BG Attorney General to review detention of persons taken back into detention
20BH State or Territory mental health authorities to be notified of certain releases
Division 7—Acquittal because of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney General
20BL Attorney General may order release
20BM Release order may be revoked
20BN Attorney General to review detention of persons taken back into detention
20BP State or Territory authorities to be notified of certain releases
Division 8—Summary disposition of persons suffering from mental illness or intellectual disability
20BQ Person suffering from mental illness or intellectual disability
20BR Means by which court may be informed
Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability
20BS Hospital orders
20BT Lesser periods of imprisonment fixed under hospital orders
20BU Discharge of hospital orders
20BV Psychiatric probation orders
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation orders
20BY Program probation orders
Division 10—Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
21E Director of Public Prosecutions may appeal against reductions where promised co operation with law enforcement agencies refused
21F Prescribed authorities and parole officers
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Part II—Offences against the Government
24 Treason
24AA Treachery
24AB Sabotage
24AC Institution of prosecutions
24A Definition of seditious intention
24B Definition of seditious enterprise
24C Offences
24D Seditious words
24E Punishment of offences
24F Certain acts done in good faith not unlawful
25 Inciting to mutiny
26 Assisting prisoners of war to escape
27 Unlawful drilling
28 Interfering with political liberty
29 Destroying or damaging Commonwealth property
29A False pretences
29B False representation
29C Statements in applications for grant of money etc.
29D Fraud
30 Seizing goods in Commonwealth custody
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Part IIA—Protection of the Constitution and of Public and other Services
30A Unlawful associations
30AA Application for declaration as to unlawful association
30AB Attorney General may require information
30B Officers of unlawful associations
30C Advocating or inciting to crime
30D Giving or soliciting contributions for unlawful associations
30E Deregistration of newspaper
30F Sale or distribution of books etc.
30FA Imprints on publications
30FC Owner etc. of building knowingly permitting meeting of unlawful association
30FD Disqualification from voting of member of unlawful association
30G Forfeiture of property held by an unlawful association
30H Proof of membership of an association
30J Industrial disturbances, lock outs and strikes
30K Obstructing or hindering the performance of services
30R Effect of averments of prosecutor
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Part III—Offences relating to the Administration of Justice
31 Definitions
32 Judicial corruption
33 Official corruption in relation to offences
34 Judge or magistrate acting oppressively or when interested
35 Giving false testimony
36 Fabricating evidence
36A Intimidation of witnesses etc.
37 Corruption of witnesses
38 Deceiving witnesses
39 Destroying evidence
40 Preventing witnesses from attending Court
41 Conspiracy to bring false accusation
42 Conspiracy to defeat justice
43 Attempting to pervert justice
44 Compounding offences
45 Inserting advertisements without authority of Court
46 Aiding prisoner to escape
47 Escaping
47A Rescuing a prisoner from custody etc.
47B Person unlawfully at large
47C Permitting escape
48 Harbouring etc. an escapee
48A Sentence ceases to run while escaped prisoner at large
48B Arrest of prisoner unlawfully at large
49 Removing property under seizure
50 Obstructing officers of Courts
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Part V—Forgery
63 What amounts to forgery
64 What amounts to uttering
65 Forgery of seals
66 Forgery of official signatures
67 Forgery of Commonwealth documents etc.
68 Forging official marks
69 Making special paper etc. for
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Part VI—Offences by and against Public Officers
70 Disclosure of information by Commonwealth officers
71 Stealing property of the Commonwealth
71A Proof of general deficiency sufficient
72 Falsification of books or records by officers
73 Corruption and bribery of Commonwealth officers
73A Corruption and bribery of members of the Parliament
74 False returns or certificates by officers
75 Personating public officers
76 Resisting or obstructing public officers
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Part VIA—Offences relating to computers
76A Interpretation
76B Unlawful access to data in Commonwealth and other computers
76C Damaging data in Commonwealth and other computers
76D Unlawful access to data in Commonwealth and other computers by means of Commonwealth facility
76E Damaging data in Commonwealth and other computers by means of Commonwealth facility
76F Saving of State and Territory laws
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Part VII—Espionage and Official Secrets
77 Interpretation
78 Espionage and similar activities
79 Official secrets
80 Prohibited places
81 Harbouring spies
82 Search warrants
83 Unlawful soundings
83A Illegal use of uniforms, official permits, impersonation etc.
83B Arrest without warrant of offenders against this Part
84 Arrest of persons in or about prohibited places
84A Search of suspects
85 Institution of prosecution
85A Offences by companies etc.
85B Hearing in camera etc.
85C Imprints to be evidence
85D Forfeiture of articles etc.
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Part VIIA—Offences relating to postal services
85E Interpretation—definitions
85F Interpretation—expressions used in Australian Postal Corporation Act
85G Forgery of postage stamps etc.
85H Special paper for postage stamps
85J Fraudulently removing postage stamps
85K Stealing articles in the course of post etc.
85L Tampering with mail bags etc.
85M Improperly obtaining articles in the course of post
85N Wrongful delivery of postal article etc.
85P Stealing postal messages etc.
85Q Forgery of postal messages etc.
85R Wrongful delivery of postal messages
85S Improper use of postal services
85T Sending false postal messages
85U Obstructing carriage of articles by post
85V Interference with property of Australia Post
85W Causing narcotic substances to be carried by post
85X Causing explosives to be carried by post etc.
85Y Hoax explosives etc.
85Z Articles carried by post to be taken to be Australia Post’s property
85ZA Postage stamps to be valuable securities etc.
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Part VIIB—Offences relating to telecommunications services
85ZB Interpretation—definitions
85ZC Interpretation—expressions used in Telecommunications Act
85ZD Wrongful delivery of communications
85ZE Improper use of telecommunications services
85ZF Fraudulent representations and devices
85ZG Interference with telecommunications services
85ZH Sending signals to satellite
85ZJ Interference with carrier facilities
85ZK Equipment used for unlawful purposes etc.
85ZKA Unauthorised call switching devices prohibited
85ZKB Interception devices prohibited
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Part VIIC—Pardons, quashed convictions and spent convictions
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Division 1—Interpretation and application of Part
85ZL Interpretation of Part
85ZM Meaning of conviction and spent conviction
85ZN Meaning of quash
85ZP Application of Part
85ZQ Part binds the Crown
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Division 2—Pardons for persons wrongly convicted, and quashed convictions
85ZR Pardons for persons wrongly convicted
85ZS Effect of pardons for persons wrongly convicted
85ZT Quashed convictions
85ZU Effect of quashed convictions
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Division 3—Spent convictions
85ZV Spent convictions
85ZW Effect of right of non disclosure
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Division 4—Convictions of further offences
85ZX Convictions of further Commonwealth or Territory offences
85ZY Convictions of further State or foreign offences
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Division 5—Complaints to Privacy Commissioner
85ZZ Privacy Commissioner’s functions
85ZZA Complaints to the Privacy Commissioner
85ZZB Identity of respondent to complaint
85ZZC Investigation of complaints
85ZZD Determinations of Privacy Commissioner
85ZZE Payment of compensation or expenses
85ZZF Enforcement of determination or recommendation
85ZZG Application of Privacy Act
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Division 6—Exclusions
85ZZH Exclusions
85ZZJ Further exclusions—law enforcement agencies
85ZZK Fair reporting: pardons and quashed convictions
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Part VIII—Miscellaneous
86 Conspiracy
86A Conspiracy to defraud
87 False certificates
88 Buying or selling offices
89 Trespassing on Commonwealth land
89A Discharging firearms on or over Commonwealth land
90 Trespass by cattle or live stock
90A Destroying etc. posters etc. relating to Commonwealth loans
90B False statements in documents filed etc. under laws of a Territory
91 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
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