Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 23WP — Record of senior police officer’s order
(1) The senior police officer must, at the time of, or as soon as practicable after, make an order under section 23WN, make a record of: (a) the order made; and (b) the date and time when the order…
Section 23XP — Medical practitioner or dentist of suspect’s choice may be present for intimate forensic procedures
(1) A suspect is entitled to request a medical practitioner or dentist (the expert) of his or her choice as shown in the table in section 23XM to be present while a forensic procedure (other than a…
Section 23XWP — Carrying out forensic procedure following conviction
(1) If: (a) an offender is in prison or another place of detention; and (b) a judge or magistrate orders the carrying out of a forensic procedure under this Division on the offender; the judge or…
Section 23YP — Taking, retention and use of forensic material
Taking, retention and use authorised by laws of other jurisdictions (1) Nothing in this Part affects the taking, retention or use of forensic material, or information obtained from forensic material,…
Section 23Q — Treatment of persons under arrest
A person who is under arrest or a protected suspect must be treated with humanity and with respect for human dignity, and must not be subjected to cruel, inhuman or degrading treatment.
Section 23WQ — Forensic procedure may be carried out by order of magistrate
A person is authorised to carry out a forensic procedure on a suspect by order of a magistrate under section 23WS or 23XA. The person is authorised to carry out the procedure in accordance with…
Section 23XQ — Presence of interview friend or legal representative—children and incapable persons
(1) This section applies if the suspect is: (a) a child; or (b) an incapable person. (2) Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect…
Section 23XWQ — Carrying out of forensic procedures on volunteers
(1) In this Part: volunteer means a person: (a) who volunteers to a constable to undergo a forensic procedure; or (b) in the case of a child or incapable person—whose parent or guardian volunteers on…
Section 23YQ — Commissioner may delegate functions and powers
(1) The Commissioner of the Australian Federal Police may delegate all or any of his or her functions and powers under this Part to a constable or AFP appointee. (2) In subsection (1), AFP appointee…
Section 23WR — Circumstances in which magistrate may order forensic procedure
(1) A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if: (a) the suspect is not in custody and has not consented to the forensic procedure…
Section 23XR — Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders
(1) This section applies if the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by section 23XQ. (2) Either an…
Section 23XWR — Informed consent of volunteer or parent or guardian of volunteer
(1) A volunteer, or parent or guardian of a volunteer, gives informed consent in accordance with this section if the volunteer, parent or guardian consents in the presence of an independent person…
Section 23YR — Relationship with Part IAA
This Part does not apply to the taking of hand prints, finger prints, foot prints or toe prints: (a) from a suspect who is under 18 years of age or is incapable of managing his or her affairs, if the…
Section 23S — Right to remain silent etc. not affected
Nothing in this Part affects: (a) the right of a person to refuse to answer questions or to participate in an investigation except where required to do so by or under an Act; or (b) any burden on the…
Section 23WS — Final order for carrying out of forensic procedure
A magistrate may order the carrying out of a forensic procedure on a suspect if: (a) subsection 23WR(1) applies; and (b) the magistrate is satisfied as required by section 23WT.
Section 23XS — Presence of constables
(1) The number of constables that may be present during the carrying out of a forensic procedure must not exceed that which is reasonably necessary to ensure that the procedure is carried out…
Section 23XWS — Recording of giving of information and consent
(1) The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the volunteer’s or volunteer’s parent’s or guardian’s responses (if any)…
Section 23YS — Relationship with Part IC
(1) Nothing in this Part is intended to limit the rights and protections provided by Part IC to the extent that the provisions of that Part can operate in circumstances covered by this Part. (2) The…
Section 23T — Acts authorised under other laws
Nothing in this Part prevents an investigating official from asking or causing a person to do a particular thing that the official is authorised to ask or cause the person to do under: (a) another…
Section 23WT — Matters to be considered by magistrate before ordering forensic procedure
(1) The magistrate must be satisfied on the balance of probabilities that: (a) the person on whom the procedure is proposed to be carried out is a suspect; and (b) on the evidence before him or her,…
Section 23XT — Recording of forensic procedure
(1) The carrying out of a forensic procedure (other than the taking of a hand print, finger print, foot print or toe print) must be video recorded unless: (a) the suspect objects to the video…
Section 23XWT — Withdrawal of consent
(1) If a volunteer, or parent or guardian of the volunteer, expressly withdraws consent to the carrying out of a forensic procedure under this Division (or if the withdrawal of such consent can…
Section 23U — Tape recording of information required to be given to person under arrest
(1) If a person is under arrest or a protected suspect, an investigating official who is required by this Part to give the person certain information (including a caution) must tape record, if…
Section 23WU — Application for order
(1) An authorised applicant (but no other person) may apply to a magistrate for an order under section 23WS authorising him or her to arrange the carrying out of a forensic procedure on a suspect.…
Section 23XU — Samples—sufficient material to share
(1) This section applies if: (a) a sample is taken from a suspect under this Part; and (b) the suspect requests the investigating constable that the sample be shared; and (c) there is sufficient…
Section 23XWU — Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
(1) A magistrate may order the carrying out of a forensic procedure on a child or incapable person if: (a) the consent of the parent or guardian of the child or incapable person to the carrying out…
Section 23YU — Application of other laws
(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth or of a law of a State or Territory relating to: (a) the carrying out of forensic procedures,…
Section 23V — Tape recording of confessions and admissions
(1) If a person who is being questioned as a suspect (whether under arrest or not) makes a confession or admission to an investigating official, the confession or admission is inadmissible as…
Section 23WV — Securing the presence of suspect at hearing—suspect in custody
(1) If the suspect is in the custody of another constable or is otherwise detained under a law of the Commonwealth, a State or a Territory (original custody), the magistrate may, on the application…
Section 23XV — Photographs
Where a forensic procedure involves the taking of a photograph of a part of a suspect’s body, the investigating constable must ensure that a copy of the photograph is made available to the suspect.…
Section 23XWV — Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
(1) An authorised applicant may apply to a magistrate for an order under subsection (2). (2) Subject to subsection (2A), a magistrate may order that forensic material taken or information obtained…
Section 23W — Proof of belief
In any proceedings, the burden lies on the prosecution to prove that an investigating official had a belief on reasonable grounds as to a matter referred to in this Part.
Section 23WW — Securing the presence of suspect at hearing—suspect not in custody
(1) If the suspect is not in custody, the magistrate may, on the application of a constable: (a) issue a summons for the appearance of the suspect at the hearing of the application; or (b) issue a…
Section 23XW — Results of analysis
If: (a) material from a sample taken from a suspect is analysed in the investigation of the offence; and (b) before or after the analysis, the suspect has requested the investigating constable that a…
Section 23WX — Procedure at hearing of application for order
(1) An order may only be made in the presence of the suspect concerned, subject to any contrary order made by the magistrate. (2) A suspect who is: (a) a child; or (b) an incapable person; must be…
Section 23XX — Inadmissibility of evidence from improper forensic procedures etc.
(1) This section applies where: (a) a forensic procedure has been carried out on a person; and (b) there has been a breach of, or failure to comply with: (i) any provision of this Part in relation to…
Section 23WY — Making of order
(1) If a magistrate makes an order for the carrying out of a forensic procedure, the magistrate must: (a) give reasons for making the order; and (b) ensure that a written record of the order is kept;…
Section 23XY — Inadmissibility of evidence where forensic material required to be destroyed
(1) If a provision of this Part requires forensic material taken from a person by a forensic procedure to be destroyed, subsection (2) applies to: (a) evidence of the forensic material; and (b) if…
Section 23XZ — Admissibility of evidence relating to consent to forensic procedure
Evidence of a person’s refusal or failure to consent, or withdrawal of consent, to a forensic procedure is not admissible in proceedings against the person except to establish or rebut an allegation…
Section 30J — Industrial disturbances, lock-outs and strikes
(1) If at any time the Governor-General is of opinion that there exists in Australia a serious industrial disturbance prejudicing or threatening trade or commerce with other countries or among the…
Section 30K — Obstructing or hindering the performance of services
Whoever, by violence to the person or property of another person, or by spoken or written threat or intimidation of any kind to whomsoever directed, or, without reasonable cause or excuse, by boycott…
Section 31 — Judicial proceeding and tribunal definitions
In this Act: federal judicial proceeding means: (a) a judicial proceeding in or before: (i) a federal court; or (ii) a court exercising federal jurisdiction; or (iii) a court of a Territory; or (b) a…
Section 34 — Judge or magistrate acting oppressively or when interested
Excessive and unreasonable bail (1) A person commits an offence if: (a) the person is a judge or magistrate; and (b) the judge or magistrate is required or authorised by law to admit a person accused…
Section 35 — Giving false testimony
(1) A person commits an offence if: (a) the person gives false testimony touching a matter; and (b) the person does so: (i) in a judicial proceeding; or (ii) with the intention of instituting a…
Section 36 — Fabricating evidence
(1) A person commits an offence if: (a) the person: (i) fabricates evidence; or (ii) makes use of fabricated evidence; and (b) the person does so with the intention of misleading a court or judicial…
Section 36A — Intimidation of witnesses etc.
(1) A person (the first person) commits an offence if: (a) the first person: (i) threatens, intimidates or restrains another person; or (ii) uses violence to, or inflicts an injury on, another…
Section 37 — Corruption of witnesses
Agreements or understandings (1) A person (the first person) commits an offence if: (a) the first person: (i) gives, confers or procures any property, or benefit, of any kind to, upon or for another…
Section 38 — Deceiving witnesses
(1) A person (the first person) commits an offence if: (a) the first person: (i) practises any fraud or deceit to a person called, or to be called, as a witness in a judicial proceeding; or (ii)…
Section 39 — Destroying evidence
(1) A person commits an offence if: (a) the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding; and (b) the person: (i) destroys the…
Section 40 — Preventing witnesses from attending Court
(1) A person (the first person) commits an offence if: (a) another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and (b) the first person prevents the other…