Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 15MU — Reports about witness identity protection certificates
(1) As soon as practicable after the end of each financial year, the chief officer of a law enforcement agency must submit to the Minister a report about witness identity protection certificates…
Section 15YU — Proceedings to which this Part applies
Criminal proceedings (1) This Part applies to any proceedings for: (a) an offence against subsection 34GD(8) of the Australian Security Intelligence Organisation Act 1979, if the questioning warrant…
Section 15GV — Determination of application
(1) After considering an application for a variation of a formal authority, and any additional information provided under subsection 15GU(6), the nominated Tribunal member concerned: (a) may vary the…
Section 15HV — Ombudsman to be given information and access despite other laws
(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving…
Section 15KV — Transfer of control of authorities
(1) The chief officer of an intelligence agency (the originating agency) may agree in writing with the chief officer of another intelligence agency (the receiving agency) to transfer control of an…
Section 15YV — When court may take evidence by video link
Application by prosecutor (1) In a proceeding, the court must: (a) direct; or (b) by order, allow; a witness to give evidence by video link if: (c) both: (i) the prosecutor applies for the direction…
Section 15GW — Manner of varying formal authority
(1) A formal authority may be varied by a nominated Tribunal member only: (a) in the case of a formal variation application (other than a formal variation application referred to in subparagraph…
Section 15HW — Exchange of information between Ombudsman or Inspector-General of Intelligence and Security, and State inspecting authorities
Definitions (1) In this section: State or Territory agency means a law enforcement agency of a State or Territory within the meaning of a corresponding State controlled operations law. State or…
Section 15KW — Consequences of transfer of control of authorities
(1) This section sets out the consequences of the transfer of control of an authority under section 15KV. (2) The authority continues to be in force after the transfer. (3) The following provisions…
Section 15MW — Recognition of witness identity protection certificates under corresponding laws
The following provisions apply, with any necessary changes, to a corresponding witness identity protection certificate as if it were a witness identity protection certificate given under section…
Section 15YW — Observers
Observer (1) The court may, in a section 15YV direction or order, provide that the witness can give evidence under the direction or order only if, when the witness is giving evidence by video link,…
Section 15GX — Form of variation of formal authority
(1) A variation of a formal authority by a nominated Tribunal member (whether formal or urgent) must: (a) identify the controlled operation to which the authority relates; and (b) state the name and…
Section 15HX — Delegation by Ombudsman
(1) The Ombudsman may, by written instrument, delegate to an APS employee responsible to the Ombudsman all or any of the Ombudsman’s powers under this Division, other than a power to report to the…
Section 15KX — Requests to a participating jurisdiction for evidence of assumed identity
(1) This section applies if an authority granted under section 15KB authorises a request under this section. (2) The person specified in subsection (2A) may request the chief officer of an issuing…
Section 15MX — Delegation
(1) Except as provided by this section (and despite any other Act or law to the contrary), the functions of a chief officer under this Part may not be delegated to any other person. (2) A chief…
Section 15YX — Adjournment after a section 15YV direction or order etc.
Court gives a direction or makes an order (1) If: (a) a court gives a section 15YV direction or makes a section 15YV order; and (b) the prosecutor applied for the direction or order; a defendant in…
Section 15GY — Cancellation of authorities
(1) An appropriate authorising officer may, by order in writing given to the principal law enforcement officer for a controlled operation, cancel the authority to conduct the controlled operation at…
Section 15HY — Ombudsman not to be sued
The Ombudsman, an inspecting officer, or a person acting under an inspecting officer’s direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or…
Section 15KY — Requests from a participating jurisdiction for evidence of assumed identity
(1) This section applies if: (a) an authority under a corresponding assumed identity law authorises a request for: (i) the production of evidence of an assumed identity from a Commonwealth government…
Section 15Y — Proceedings to which this Part applies
Proceedings involving children (1) This Part contains special rules for children involved in proceedings to which this subsection applies. This subsection applies to proceedings for any of the…
Section 15YY — Technical requirements for video link
(1) A witness can give evidence under a section 15YV direction or order only if: (a) the courtroom or other place where the court is sitting (the courtroom point); and (b) the place where the…
Section 15GZ — Effect of authorities
(1) Subject to subsection (2), an authority: (a) authorises each law enforcement participant in the controlled operation to which the authority relates who is identified in the authority to engage in…
Section 15HZ — Evidence of authorities
A document purporting to be an authority granted under section 15GI or under a corresponding State controlled operations law: (a) is admissible in any legal proceedings; and (b) in the absence of…
Section 15KZ — Directions from a participating jurisdiction to cancel evidence of assumed identity
(1) The chief officer of an issuing agency who produces evidence of an assumed identity because of a request mentioned in section 15KY must cancel the evidence if directed in writing to do so by the…
Section 15YZ — Direction to jury
(1) If: (a) a proceeding involves a jury; and (b) a witness gives evidence under a section 15YV direction or order; and (c) the evidence is admissible in the proceeding; the judge must give the jury…
Section 16 — Interpretation
(1) In this Part, unless the contrary intention appears: aggregate, in relation to 2 or more sentences or terms of imprisonment, or in relation to the unserved portions of such sentences or terms,…
Section 16A — Matters to which court to have regard when passing sentence etc.—federal offences
(1) In determining the sentence to be passed, or the order to be made, in respect of any person for a federal offence, a court must impose a sentence or make an order that is of a severity…
Section 16AA — Matters to which court to have regard when passing sentence etc.—Northern Territory offences
(1) In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of…
Section 16AAA — Minimum penalties for certain offences
Subject to section 16AAC, if a person is convicted of an offence described in column 1 of an item in the following table, the court must impose a sentence of imprisonment of at least the period…
Section 16AAAA — Victim impact statements
(1) A victim impact statement, for an individual who is a victim of an offence, is an oral or written statement for which the following requirements are satisfied: (a) the statement must be made by…
Section 16BA — Taking other offences into account
(1) Where a person is convicted of a federal offence or federal offences, and the court before which the person is convicted is satisfied that: (a) there has been filed in the court a document in, or…
Section 16AAB — Second or subsequent offence
(1) This section applies in respect of a person if: (a) the person is convicted of a Commonwealth child sexual abuse offence (a current offence); and (b) the person has, at an earlier sitting, been…
Section 16AB — Matters relating to victim impact statements
(1) This section applies in relation to victim impact statements made known to a court as described in paragraph 16A(2)(ea). (2) Only one victim impact statement may be made for each victim of an…
Section 16B — Court to have regard to other periods of imprisonment required to be served
In sentencing a person convicted of a federal offence, a court must have regard to: (a) any sentence already imposed on the person by the court or another court for any other federal offence or for…
Section 16AAC — Exclusions and reductions—minimum penalties
People aged under 18 (1) Section 16AAA and subsection 16AAB(2) do not apply to a person who was aged under 18 years when the offence that the relevant provision specifies a minimum penalty for was…
Section 16AC — Reduction for cooperation with law enforcement agencies
(1) This section applies if a court imposing a sentence, or making an order, for a federal offence: (a) reduces the severity of the sentence or order; or (b) reduces the non-parole period in relation…
Section 16C — Fines
(1) Subject to subsection (2), before imposing a fine on a person for a federal offence, a court must take into account the financial circumstances of the person, in addition to any other matters…
Section 16D — No corporal punishment
(1) A court must not impose any form of corporal punishment for a federal offence. (2) A person serving a federal sentence must not be subjected to any form of corporal punishment.
Section 16E — Commencement of sentences
(1) Subject to subsections (2) and (3), the law of a State or Territory relating to the commencement of sentences and of non-parole periods applies to a person who is sentenced in that State or…
Section 16F — Court to explain sentence
(1) Where a court imposes a federal sentence on a person and fixes a non-parole period in respect of the sentence, it must explain or cause to be explained to the person, in language likely to be…
Section 17A — Restriction on imposing sentences
(1) A court shall not pass a sentence of imprisonment on any person for a federal offence, or for an offence against the law of an external Territory that is prescribed for the purposes of this…
Section 17B — Restriction on imposing sentences for certain minor offences
(1) If: (a) a person is convicted of one or more section 17B offences relating to property, money or both, whose total value is not more than $2,000; and (b) the person has not previously been…
Section 18 — Sentence of imprisonment
(1) Where imprisonment is imposed in respect of any offence against any law of the Commonwealth it may (unless the contrary intention appears in the law) be imposed either with or without hard…
Section 19 — Cumulative, partly cumulative or concurrent sentences
General requirements (1) Where a person who is convicted of a federal offence or federal offences is at the time of that conviction or those convictions, serving, or subject to, one or more federal,…
Section 19A — Detention of person in State or Territory prisons
A federal offender who is ordered by a court or a prescribed authority to be detained in prison in a State or Territory, may be detained in any prison in that State or Territory and may be removed…
Section 19AHA — Rectification of errors etc. in sentences, non-parole periods and recognizance release orders
(1) This section applies if a sentencing order made by a court under this Part in relation to a person: (a) reflects an error of a technical nature made by the court; or (b) has a defect of form; or…
Section 19AKA — Purposes of parole
The purposes of parole are the following: (a) the protection of the community; (b) the rehabilitation of the offender; (c) the reintegration of the offender into the community.
Section 19ALA — Matters that may be considered in decisions about parole orders
(1) In making a decision under section 19AL in relation to a person, the Attorney-General may have regard to any of the following matters that are known to the Attorney-General and relevant to the…
Section 19AMA — Release on parole—parole period
(1) For the purposes of this Part, the parole period for a person for whom a parole order has been made is the period starting in accordance with subsection (2) and ending in accordance with…
Section 19APA — Amendment of parole orders and licences
Amendment of conditions (1) The Attorney-General may, at any time before the end of: (a) a parole period for a person for whom a parole order has been made; or (b) a licence period for a person who…