Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 19AZA — Disobedience of summons etc.
(1) A person who has been served with a summons to appear before a prescribed authority must not fail to appear in obedience to the summons. Penalty: 10 penalty units. (2) A person who has been…
Section 19AB — When court must fix non-parole period
(1) Subject to subsection (3), a court must fix a single non-parole period in respect of a federal sentence or federal sentences if: (a) a person is convicted of a federal offence, or of 2 or more…
Section 19ALB — Decisions about parole orders—terrorism and control orders
(1) Despite any law of the Commonwealth, the Attorney-General must not make a parole order in relation to a person covered by subsection (2) unless the Attorney-General is satisfied that exceptional…
Section 19APB — Effect of parole order and licence on sentence
(1) If a parole order is made, or a licence is granted, in relation to a person: (a) the person is taken to be still under sentence and not to have served the part of any sentence that remained to be…
Section 19AZB — Can person be released on parole or licence if earlier parole order or licence revoked?
A parole order may be made or a licence granted, even if a previous parole order or licence has been revoked.
Section 19B — Discharge of offenders without proceeding to conviction
(1) Where: (a) a person is charged before a court with a federal offence or federal offences; and (b) the court is satisfied, in respect of that charge or more than one of those charges, that the…
Section 19AC — When court must fix a recognizance release order
(1) Subject to subsections (3) and (4), where: (a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and (b) the court imposes on the person a federal…
Section 19AD — Persons already subject to a non-parole period
(1) Where: (a) a non-parole period (in this section called the existing non-parole period) has been fixed in respect of a federal sentence or federal sentences; and (b) while the offender is serving…
Section 19AZD — State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders
(1) A law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison, including leave of absence granted by order of a court, applies to a federal…
Section 19AE — Persons already subject to recognizance release order
(1) Where: (a) a person is subject to a recognizance release order (in this section called the existing recognizance release order) made in respect of a federal sentence or federal sentences; and (b)…
Section 19AF — Non-parole period or pre-release periods not to exceed sentence
(1) Where a court is required to fix a non-parole period or make a recognizance release order in respect of a federal sentence or sentences, the court must fix a non-parole period that ends, or make…
Section 19AG — Non-parole periods for sentences for certain offences
(1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence) and a court imposes a sentence for the offence: (b) a terrorism…
Section 19AH — Failure to fix non-parole period or make recognizance release order
(1) Where a court fails to fix, or properly to fix, a non-parole period, or to make, or properly to make, a recognizance release order, under this Act: (a) that failure does not affect the validity…
Section 19AJ — Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment
This Division does not authorise a court to fix a single non-parole period, or make a recognizance release order, in respect both of federal sentences of imprisonment and State or Territory sentences…
Section 19AK — Possible deportation no impediment to fixing non-parole period
Where a person is convicted of a federal offence, a court is not precluded from fixing a non-parole period in respect of the sentence imposed for that offence merely because the person is, or may be,…
Section 19AL — Release on parole—making of parole order
(1) The Attorney-General must, before the end of a non-parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be…
Section 19AM — Release on parole—when is a person released
(1) A person must be released from prison on parole in accordance with a parole order on whichever of the following days is applicable (subject to subsections (2) and (3) and 19AZD(2)): (a) for a…
Section 19AN — Parole order is subject to conditions
A parole order: (a) is subject to the condition that the offender must, during the parole period, be of good behaviour and not violate any law; and (b) if the parole order specifies in accordance…
Section 19AP — Release on licence
(1) Where a person is serving a federal sentence (whether or not a non-parole period has been fixed, or a recognizance release order made, in relation to that sentence), the Attorney-General may…
Section 19AQ — Parole order or licence revoked following further offence
Revocation time (1) If a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or…
Section 19AR — Fixing of non-parole period etc. where parole or licence taken to be revoked under section 19AQ
New federal offence etc. (1) Subject to subsection (4), if: (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and (b)…
Section 19AS — Court to issue warrant of detention where person required to serve balance of sentence
(1) If: (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and (b) the person is later sentenced (the new sentence or…
Section 19AT — What happens when later conviction is quashed?
(1) Where: (a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and (b) the person is later sentenced (the new sentence…
Section 19AU — Attorney-General may revoke parole order or licence
(1) The Attorney-General may, by instrument in writing, revoke a parole order or licence at any time before the end of the parole period or licence period: (a) if the offender has, during that…
Section 19AV — Arrest of person whose parole order or licence revoked by Attorney-General
(1) A constable may, without warrant, arrest a person whose parole order or licence has been revoked by the Attorney-General. (2) The Attorney-General or the Director of Public Prosecutions may, in…
Section 19AW — Where person on parole or licence notified of revocation
(1) Where a prescribed authority before whom a person is brought under section 19AV because of an order revoking a parole order or licence is satisfied: (a) that the person is the person named in…
Section 19AX — Where person on parole or licence not notified of revocation
(1) Where a prescribed authority before whom a person is brought under section 19AV because of an order revoking a parole order or licence is satisfied that the person so brought is the person named…
Section 19AY — Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
(1) Where a prescribed authority issues a warrant in respect of a person under subsection 19AW(1), or under that subsection as applied by section 19AX, the person may appeal to the Supreme Court of…
Section 19AZ — Evidence before prescribed authority
(1) A prescribed authority exercising any powers under this Division may take evidence on oath or affirmation and for that purpose may administer an oath or affirmation. (2) A prescribed authority…
Section 20 — Conditional release of offenders after conviction
(1) Where a person is convicted of a federal offence or federal offences, the court before which he or she is convicted may, if it thinks fit: (a) by order, release the person, without passing…
Section 20A — Failure to comply with condition of discharge or release
(1) Where a person has been discharged in pursuance of an order made under subsection 19B(1), or released in pursuance of an order made under subsection 20(1), and information is laid before a…
Section 20AA — Power to discharge or vary conditions of recognizance
(1) Where a person has entered into a recognizance in pursuance of an order made under subsection 19B(1) or 20(1), any of the following persons may apply to the court by which the order was made for…
Section 20BA — Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
(1) Where the court determines that there has not been established a prima facie case that the person committed the offence, the court must, by order, dismiss the charge against the person and, if…
Section 20BZA — Authorised officers may request or require information relevant to federal offenders
Requesting information to be given (1) An authorised officer may request a relevant person, or a person prescribed by regulation for the purposes of this subsection, to give the officer information…
Section 20AB — Additional sentencing alternatives
(1) A court may pass a sentence, or make an order, in respect of a person convicted before the court in a participating State or participating Territory of a federal offence, if: (a) subsection (1AA)…
Section 20B — Consequences of preliminary finding that person unfit to be tried
(1) Where, in proceedings for the commitment of a person for trial of a federal offence on indictment, being proceedings begun after this section commences, the question of the person’s fitness to be…
Section 20BB — Persons found by a court to be likely to be fit within 12 months
(1) Where a court determines, under subsection 20BA(4), that a person charged with a federal offence who was found unfit to be tried will become fit to be tried within a period of 12 months after…
Section 20BZB — Authorised officers may disclose federal offender information
(1) An authorised officer may disclose federal offender information to a relevant person if the officer reasonably believes that the disclosure is necessary to enable the relevant person to exercise…
Section 20AC — Failure to comply with sentence passed, or order made, under subsection 20AB(1)
(1) In this section, the applied provisions, in relation to a sentence passed or an order made under subsection 20AB(1), means the provisions of the laws of a State or Territory that apply to and in…
Section 20BC — Persons found by a court not to be likely to be fit within 12 months
(1) Where a court determines, under section 20BA, that a person who was found unfit to be tried will not become fit to be tried within 12 months after that finding, the court must, at the time of…
Section 20BZC — Delegation
The Secretary of the Department may, in writing, delegate any of his or her powers or functions under this Division to an APS employee in the Department who performs duties in connection with: (a)…
Section 20C — Offences by children and young persons
A child or young person who, in a State or Territory, is charged with or convicted of an offence against a law of the Commonwealth may be tried, punished or otherwise dealt with as if the offence…
Section 20BD — Review by Attorney-General
(1) Where a court makes an order under subsection 20BC(2), the Attorney-General must, at least once in each period of 6 months after the day the person is detained under the order, consider whether…
Section 20BE — Attorney-General may order release
(1) The Attorney-General may, after considering under subsection 20BD(1) whether or not the person should be released from detention, order that the person be released from detention. (2) The…
Section 20BF — Release order may be revoked
(1) The Attorney-General may, by instrument in writing, revoke an order made under subsection 20BE(1) (in this section called a release order) at any time while that release order remains in force:…
Section 20BG — Attorney-General to review detention of persons taken back into detention
(1) Where, under subsection 20BF(5), a prescribed authority directs that a person be detained in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so…
Section 20BH — State or Territory mental health authorities to be notified of certain releases
Where a person detained by authority of an order under subsection 20BC(2) or a warrant under subsection 20BF(5) for a specified period in a State or Territory is due to be released because the period…
Section 20BI — Appeals against some Victorian jury findings of unfitness to be tried
(1) This section applies if: (a) in proceedings for a federal offence in the Trial Division of the Supreme Court of Victoria or in the County Court of Victoria, a question arises whether the accused…
Section 20BJ — Acquittal where person mentally ill
(1) Where a person has been charged with a federal offence on indictment and the person is acquitted because of mental illness at the time of the offence, the court must order that the person be…
Section 20BK — Review by Attorney-General
(1) Where, under subsection 20BJ(1), a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so…