Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Crimes Act 1914.
Section 3 — Interpretation
(1) In this Act, unless the contrary intention appears: Aboriginal person means a person of the Aboriginal race of Australia. ACC means the Australian Crime Commission. associated offence means: (a)…
Section 3A — Operation of Act
This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories.
Section 3AA — State offences that have a federal aspect
Object (1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the…
Section 3BA — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 3CA — Nature of functions of magistrate
(1) A function of making an order conferred on a magistrate by section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB is conferred on the magistrate in a personal capacity and not as a court or a member of a court. (2)…
Section 3CAA — Account-based data
(1) For the purposes of this Part, if: (a) an electronic service has accounts for end-users; and (b) either: (i) a person holds an account with the electronic service; or (ii) a person is, or is…
Section 3FA — The things authorised by a search warrant—additional things for digital assets
Warrant in relation to premises—authority to seize digital assets (1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting to seize a digital…
Section 3JA — Extension of time to re-enter premises in emergency situations
(1) If: (a) a warrant in relation to premises is being executed; and (b) there is an emergency situation; and (c) the executing officer or a constable assisting believes on reasonable grounds that…
Section 3LA — Person with knowledge of a computer or a computer system to assist access etc.
(1) A constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a constable to do one or more of…
Section 3LAA — Use of electronic equipment at other place
(1) If electronic equipment is moved to another place under subsection 3K(2), the executing officer or a constable assisting may operate the equipment to: (a) access data (including data held at…
Section 3SA — Relationship of this Division to parliamentary privileges and immunities
To avoid doubt, this Division does not affect the law relating to the powers, privileges and immunities of any of the following: (a) each House of the Parliament; (b) the members of each House of the…
Section 3UA — Definitions
In this Division: assessment officer: see subsection 3UJC(1). Commonwealth place means a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970. nominated ART…
Section 3UEA — Emergency entry to premises without warrant
(1) A police officer may enter premises in accordance with this section if the police officer suspects, on reasonable grounds, that: (a) it is necessary to exercise a power under subsection (2) in…
Section 3UJA — Report after powers are exercised
(1) As soon as practicable after the exercise of a power or powers by an AFP police officer (or officers) under Subdivision B in relation to an incident, the Commissioner must give a report to the…
Section 3WA — Constables’ power of arrest without warrant for a terrorism offence or offence of advocating terrorism
(1) A constable may, without warrant, arrest a person for a terrorism offence or an offence against section 80.2C of the Criminal Code if the constable suspects on reasonable grounds that: (a) the…
Section 3ZA — Warrants for arrest
(1) An issuing officer must not, under a law of a State or Territory applied by section 68 of the Judiciary Act 1903, issue a warrant for the arrest of a person for an offence as a result of an…
Section 3ZQA — Definitions
(1) In this Division: age determination information means a record, or information, relating to a person that is obtained by carrying out a prescribed procedure. appropriately qualified, in relation…
Section 3ZQZA — When things seized under Division 3A must be returned
(1) The Commissioner must take reasonable steps to return a thing seized under Division 3A if the owner requests the return of the thing. (2) However, the Commissioner does not have to take those…
Section 3ZZAA — Object of this Part
(1) The object of this Part is to provide for eligible agencies to obtain search warrants: (a) that relate to eligible offences; and (b) that authorise the entry and search of premises without having…
Section 3ZZBA — Eligible officer may seek authorisation to apply for a delayed notification search warrant
If an eligible officer of an eligible agency: (a) suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and (b)…
Section 3ZZCA — What is authorised by a delayed notification search warrant
(1) A delayed notification search warrant authorises the executing officer or a person assisting to do any of the following: (a) to enter the warrant premises; (b) if the warrant authorises the entry…
Section 3ZZDA — Warrant premises occupier’s notice must be prepared and given
(1) As soon as practicable after the exercise of powers under a delayed notification search warrant has been completed, the executing officer must prepare a written notice (the warrant premises…
Section 3ZZEA — Purposes for which things may be used and shared
Use and sharing of thing by eligible officer or Commonwealth officer (1) An eligible officer of an eligible agency or a Commonwealth officer may use, or make available to another eligible officer or…
Section 3ZZFA — Reporting on delayed notification search warrants
(1) The executing officer in relation to a delayed notification search warrant, or the applicant for the warrant, must give a written report on the warrant to the chief officer of the authorised…
Section 3ZZGA — Appointment of inspecting officers
(1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Division. (2) An appointment under subsection (1) must be in writing.
Section 3ZZHA — Unauthorised disclosure of information
(1) A person commits an offence if: (a) the person discloses information; and (b) the information relates to: (i) an application for a delayed notification search warrant; or (ii) the execution of a…
Section 3ZZIA — Delegation
Delegation by chief officer (1) The chief officer of an authorised agency or eligible agency may, in writing, delegate all or any of the chief officer’s powers, functions or duties under this Part…
Section 3ZZJA — Simplified outline of this Part
A Part 5.3 supervisory order is any one of the following orders made under Part 5.3 of the Criminal Code: (a) an interim control order; (b) a confirmed control order; (c) an interim supervision…
Section 3ZZKA — Entering premises by consent or under a warrant
(1) If: (a) a Part 5.3 supervisory order is in force in relation to a person; and (b) the person has a prescribed connection with particular premises; a constable may enter the premises, and exercise…
Section 3ZZLA — Searching a person by consent or under a warrant
(1) If a Part 5.3 supervisory order is in force in relation to a person, a constable may conduct an ordinary search or a frisk search of the person, and exercise the monitoring powers, for either of…
Section 3ZZNA — Consent of occupier of premises
(1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 3ZZKA(2)(a), a constable must inform the occupier that the occupier may refuse consent. (2) A consent has no…
Section 3ZZOA — Monitoring warrant in relation to premises
Application for warrant (1) A constable may apply to an issuing officer for a warrant under this section in relation to premises. Issue of warrant (2) The issuing officer may issue the warrant if the…
Section 3ZZPA — Monitoring warrants by telephone or other electronic means
(1) A constable may make an application to an issuing officer for a monitoring warrant by telephone, telex, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would occur…
Section 3ZZQA — Extension of periods in which things secured
Application (1) This section applies if a constable applies to an issuing officer under subsection 3ZZKD(5) for an extension of the period during which a thing may be secured. Granting extension (2)…
Section 3ZZRA — Receipts for things seized under this Part
(1) If a thing is seized by a constable under this Part, the constable must provide a receipt for the thing. (2) If 2 or more things are seized, they may be covered in the one receipt.
Section 3ZZSA — Powers of issuing officers
Powers conferred personally (1) A power conferred on an issuing officer by this Part is conferred on the issuing officer: (a) in a personal capacity; and (b) not as a court or a member of a court.…
Section 3ZZTA — Conduct of ordinary searches and frisk searches
An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched.
Section 3ZZUA — Appointment of inspecting officers
(1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Division. (2) An appointment under subsection (1) must be in writing.
Section 3ZZVA — Application for approval of emergency authorisation
(1) Within 48 hours after giving an emergency authorisation to a law enforcement officer, the appropriate authorising officer who gave the authorisation (or another person on that appropriate…
Section 3ZZWA — Compensation for property loss or serious damage
(1) If a person suffers: (a) loss of or serious damage to property; or (b) personal injury; in the course of, or as a direct result of, the execution of an account takeover warrant, the Commonwealth…
Section 3B — Arrangements with States, Australian Capital Territory and Northern Territory
(1) The Governor-General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory or the Administrator of the Northern Territory for: (a) officers of the…
Section 3LB — Accessing data held on certain premises—notification to occupier of that premises
(1) If: (a) data is accessed, in relation to a warrant, under subsection 3L(1) or 3LAA(1); and (aa) either: (i) if the warrant is in relation to premises—the data is held on premises other than the…
Section 3UB — Application of Subdivision
(1) A police officer may exercise the powers under this Subdivision in relation to a person if: (a) the person is in a Commonwealth place (other than a prescribed security zone) and the officer…
Section 3UEB — Emergency entry to premises without warrant—post-entry warrants
Requirement to apply for post-entry warrant (1) A police officer who has entered premises under, or purportedly under, subsection 3UEA(1) must: (a) apply to an assessment officer for a warrant (a…
Section 3UJB — Annual report on exercise of powers
(1) The Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the exercise of powers under this Division, during the year ended on that 30 June. (2) Without…
Section 3ZB — Power to enter premises to arrest offender
(1) Subject to subsection (3), if: (a) a constable has, under a warrant, power to arrest a person for an offence; and (b) the constable believes on reasonable grounds that the person is on any…
Section 3ZQB — Circumstances where investigating official may seek authority to carry out a prescribed procedure
(1) If: (a) an investigating official suspects, on reasonable grounds, that a person may have committed a Commonwealth offence; and (b) it is necessary to determine whether or not the person is, or…
Section 3ZQZB — Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.
(1) A magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part. Use for purpose mentioned in…
Section 3ZZAB — Application of Part
(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth (including other provisions of this Act) relating to: (a) the search of premises; or (b) the seizure…