Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 20BL — Attorney-General may order release
(1) The Attorney-General may, after considering under subsection 20BK(1) whether or not the person should be released from custody, order that the person be released from custody. (2) The…
Section 20BM — Release order may be revoked
(1) The Attorney-General may, by instrument in writing, revoke an order made under subsection 20BL(1) (in this section called a release order) at any time while that release order remains in force:…
Section 20BN — Attorney-General to review detention of persons taken back into detention
(1) Where, under subsection 20BM(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 20BP — State or Territory authorities to be notified of certain releases
Where a person detained by authority of an order under subsection 20BJ(1) or a warrant under subsection 20BM(5) for a specified period in a State or Territory is due to be released because the period…
Section 20BQ — Person suffering from mental illness or intellectual disability
(1) Where, in proceedings in a State or Territory before a court of summary jurisdiction in respect of a federal offence, it appears to the court: (a) that the person charged is suffering from a…
Section 20BR — Means by which court may be informed
For the purposes of this Division, a court of summary jurisdiction may inform itself as the court thinks fit, but not so as to require the person charged to incriminate himself or herself.
Section 20BS — Hospital orders
(1) Where a person is convicted in a State or Territory, on indictment, of a federal offence and the court before which the person is convicted is satisfied that: (a) the person is suffering from a…
Section 20BT — Lesser periods of imprisonment fixed under hospital orders
(1) Where a lesser period of detention is fixed under subsection 20BS(4) in relation to a person detained in hospital under a hospital order, the Attorney-General must, at the end of the lesser…
Section 20BU — Discharge of hospital orders
(1) Where a person is subject to a hospital order, the person or the Director of Public Prosecutions may, at any time while the order is in force, apply to the court that imposed the order to…
Section 20BV — Psychiatric probation orders
(1) Where a person is convicted in a State or Territory of a federal offence and the court is satisfied that: (a) the person is suffering from a mental illness within the meaning of the civil law of…
Section 20BW — Breach of psychiatric probation orders
(1) Where an order has been made under section 20BV and information is laid before a magistrate, whether before or after the end of the period referred to in paragraph 20BV(3)(a) or (b), alleging…
Section 20BX — Enforcement of psychiatric probation orders
(1) Where a person who is subject to an order under section 20BV appears before the court by which the order was made and the court is satisfied that the person has, without reasonable excuse, failed…
Section 20BY — Program probation orders
(1) Where a person is convicted in a State or Territory of a federal offence and the court before which the person is convicted is satisfied that: (a) the person is suffering from an intellectual…
Section 20BZ — Definitions
In this Division: authorised officer means: (a) the Attorney-General; or (b) the Secretary of the Department. Note: The Attorney-General’s powers and functions under this Division may be delegated…
Section 21B — Reparation for offences
(1) Where: (a) a person is convicted of a federal offence; or (b) an order is made under section 19B in relation to a federal offence committed by a person; the court may, in addition to the penalty,…
Section 21D — Prerogative of mercy and other Commonwealth laws unaffected
(1) Nothing in this Part shall be construed as affecting the powers vested in the Governor-General in the exercise of the Royal prerogative of mercy. (2) This Part does not affect the operation of…
Section 21F — Prescribed authorities and parole officers
(1) Subject to subsection (2), the Governor-General may arrange with the Governor of a State, the Australian Capital Territory Executive or the Administrator of the Northern Territory: (a) for the…
Section 22 — Conditions etc. that a court may impose on certain offenders
(1) Where a court makes a relevant order or passes a relevant sentence in respect of a person charged with, or convicted of: (a) an offence against a law of the Commonwealth or of a Territory, being…
Section 22A — State orders relating to Australian travel documents
(1) If, under a law of a State, a court makes an order requiring a person charged with, or convicted of: (a) a serious drug offence against a law of that State; or (b) such other serious offence…
Section 23 — Outline of this Part
(1) This Part: (a) provides for the detention of people arrested for Commonwealth offences (see Division 2); and (b) imposes obligations on investigating officials in relation to: (i) people arrested…
Section 23A — Application of Part
(1) Any law of the Commonwealth in force immediately before the commencement of this Part, and any rule of the common law, has no effect so far as it is inconsistent with this Part. (2) This Part…
Section 23AA — How this Part applies to the Antarctic Territories
(1) This Part applies in relation to a person as if he or she were arrested on arrival in a State or Territory if: (a) the person was arrested within the Australian Antarctic Territory or the…
Section 23DA — Magistrate may extend investigation period
(1) This section applies if: (a) a person is arrested for a serious Commonwealth offence (other than a terrorism offence); and (b) an application has been made under subsection 23D(1) to a magistrate…
Section 23WA — Definitions
(1) In this Part: Aboriginal legal assistance organisation has the same meaning as in Part IC. accredited laboratory means: (a) a forensic laboratory accredited by the National Association of Testing…
Section 23WCA — Time limits for carrying out forensic procedures
The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure depending on the status of the suspect and the source of the authority to carry…
Section 23WLA — Time for carrying out forensic procedure—suspect not in custody
(1) If a suspect who is not in custody: (a) consents to a forensic procedure; and (b) presents himself or herself to the investigating constable to undergo the procedure; the procedure must be…
Section 23XA — Interim order for carrying out of a forensic procedure
(1) A magistrate may make an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay if: (a) subsection 23WR(1) applies; and (b) the…
Section 23XGA — Application
This Subdivision applies where a magistrate orders the carrying out of a forensic procedure on a suspect under this Part.
Section 23XIA — No questioning during forensic procedure
A forensic procedure must not be carried out while the suspect is being questioned as defined in subsection 23B(6). If questioning has not been completed before the forensic procedure is to be…
Section 23XSA — Presence of prison officers
If: (a) a particular suspect is being detained in prison; and (b) a forensic procedure is to be carried out on the suspect (whether or not the forensic procedure is to be carried out in prison); one…
Section 23XUA — Samples—insufficient material to share
(1) This section applies to a sample taken from a suspect under this Part if: (a) there is not sufficient material to be analysed both in the investigation of the offence and on behalf of the…
Section 23XWA — Preventing the carrying out of forensic procedure
A person commits an offence if the person obstructs, hinders or resists a person carrying out a forensic procedure in accordance with this Part. Penalty: Imprisonment for 2 years.
Section 23XWNA — Circumstances in which judge or magistrate may order forensic procedure
A judge or magistrate may, under section 23XWO, order the carrying out of a forensic procedure on an offender if: (a) the offender is not in custody and has not consented to the forensic procedure…
Section 23XWOA — Securing the presence of offender at hearing—offender in custody
(1) If: (a) an application is made under section 23XWO to a judge or magistrate for an order under that section for the carrying out of a forensic procedure on an offender; and (b) the offender is in…
Section 23YA — Admissibility of evidence relating to carrying out of forensic procedure
In spite of subsection 23XX(4), evidence of how a forensic procedure was carried out is admissible in proceedings against the person in a court: (a) to establish or rebut an allegation that…
Section 23YBA — Division does not apply to a proceeding in a foreign country or an international tribunal
To avoid doubt, this Division does not apply in relation to a proceeding in a foreign country or international tribunal in which forensic evidence is provided in response to a request by: (a) a…
Section 23YDA — Interpreters
(1) Where: (a) a constable proposes to take an action listed in subsection (2); and (b) the constable believes on reasonable grounds that the suspect, offender or volunteer is unable, because of…
Section 23YDAA — Destruction of forensic material taken from offender after conviction quashed
The constable who obtained an authority under section 23XWG, 23XWK or 23XWO for the carrying out of a forensic procedure on an offender whose conviction is quashed after the making of the order must…
Section 23YJA — Proof that time should be disregarded
In any proceedings, the burden lies on the prosecution to prove on the balance of probabilities that any particular time was covered by a provision of subsection 23WLA(2), 23XGB(2) or 23XGD(2).
Section 23YKA — Application of sections 23YI to 23YK
To avoid doubt, sections 23YI to 23YK do not apply in relation to a proceeding in a foreign country or international tribunal in which forensic evidence is provided in response to a request by: (a) a…
Section 23YPA — Analysis of forensic material
The analysis for the Commonwealth of forensic material obtained as a result of the carrying out of a forensic procedure under this Part must be carried out in an accredited laboratory.
Section 23YQA — Application of Subdivision
This Subdivision applies if: (a) a request is made by a foreign country or an international tribunal (the requesting entity) for a forensic procedure to be carried out on a person; and (b) the…
Section 23YUA — Definitions
In this Part: appropriate authority means: (a) in relation to a participating jurisdiction other than the Australian Capital Territory—an authority exercising, in relation to the police force of that…
Section 23YUDA — Arrangements with prisons or other places of detention
The Commissioner may, on behalf of the Commonwealth, enter into an arrangement with the head (however described) of a prison or other place of detention in a State or Territory in relation to the…
Section 23ZA — Application
This Part applies to a thing (the forfeitable thing) that is: (a) child abuse material; or (c) any of the following that contains child abuse material: (i) a computer; (ii) a data storage device;…
Section 23B — Definitions
(1) In this Part: Aboriginal legal assistance organisation means an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and…
Section 23DB — Period of investigation if arrested for a terrorism offence
(1) If a person is arrested for a terrorism offence, the following provisions apply. Note: A person would not be arrested for a terrorism offence if, for example, the person has been released under…
Section 23WB — Interview friends
(1) This section lists the people who may act as an interview friend of a suspect, offender or volunteer for the purposes of a provision of this Part referring to an interview friend. Different…
Section 23XB — Application for interim order
(1) An authorised applicant may, without bringing a suspect before a magistrate and without obtaining an order under section 23WS, make an application seeking an interim order authorising the…
Section 23XGB — Time for carrying out forensic procedure—suspect not in custody
(1) If a suspect who is not in custody presents himself or herself to the investigating constable to undergo the procedure ordered by the magistrate, the procedure must be carried out as quickly as…