Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 41 — Conspiracy to bring false accusation
(1) A person commits an offence if: (a) the person conspires with another person: (i) to charge any person falsely with an offence; or (ii) to cause any person to be falsely charged with an offence;…
Section 42 — Conspiracy to defeat justice
(1) A person commits an offence if: (a) the person conspires with another person to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the…
Section 43 — Attempting to pervert justice
(1) A person commits an offence if: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the judicial power is the…
Section 44 — Compounding offences
(1) A person (the first person) commits an offence if: (a) the first person: (i) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or (ii)…
Section 45 — Inserting advertisements without authority of court
(1) A person commits an offence if: (a) the person inserts in the Gazette, or in a newspaper, an advertisement purporting to be published under the authority of a court; and (b) the person does so:…
Section 45A — Criminal detention definitions
In this Act: criminal detention: a person is in criminal detention if the person: (a) is arrested in respect of an offence; or (b) is in custody in respect of an offence; or (c) is detained because:…
Section 46 — Aiding prisoner to escape
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person aids the prisoner: (i) to escape from that detention; or…
Section 46A — Aiding prisoner to escape—conveying thing into prison etc.
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person conveys a thing into a prison, lock-up or other place of…
Section 47 — Escaping
(1) A person commits an offence if: (a) the person is in criminal detention; and (b) the person escapes from that detention; and (c) the detention is lawful federal criminal detention. Penalty:…
Section 47A — Rescuing a prisoner from criminal detention
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person rescues the prisoner from that detention by force; and (c)…
Section 47B — Person unlawfully at large
(1) A person commits an offence if: (a) the person was in criminal detention in a prison, lock-up or other place of criminal detention; and (b) the detention was lawful federal criminal detention;…
Section 47C — Permitting escape
(1) A person (the first person) commits an offence if: (a) the first person is: (i) an officer of a prison, lock-up or other place of criminal detention; or (ii) a constable; or (iii) a Commonwealth…
Section 48 — Harbouring etc. an escapee
(1) A person (the first person) commits an offence if: (a) the first person knows that another person (the escapee) has escaped from a place where the other person was held in criminal detention; and…
Section 48A — Sentence ceases to run while escaped prisoner at large
(1) A person who commits an offence against section 47 or 47B shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the…
Section 49 — Removing property under seizure
(1) A person commits an offence if: (a) property has been attached, or taken, under the process or authority of a court; and (b) the court was: (i) a federal court; or (ii) exercising federal…
Section 51 — Interpretation
In this Part: act of piracy means an act of violence, detention or depredation committed for private ends by the crew or passengers of a private ship or aircraft and directed: (a) if the act is done…
Section 52 — Piracy
A person must not perform an act of piracy. Penalty: Imprisonment for life.
Section 53 — Operating a pirate-controlled ship or aircraft
(1) A person must not voluntarily participate in the operation of a pirate-controlled ship or aircraft knowing that it is such a ship or aircraft. Penalty: Imprisonment for 15 years. (2) This section…
Section 54 — Seizure of pirate ships and aircraft etc.
(1) A member of the Defence Force or a member of the Australian Federal Police may seize: (a) a ship or aircraft that he or she reasonably believes to be a pirate-controlled ship or aircraft; or (b)…
Section 55 — Written consent of Attorney-General required
(1) A prosecution for an offence against this Part requires the consent of the Attorney-General. (2) Despite subsection (1): (a) a person may be arrested for an offence referred to in subsection (1),…
Section 56 — Evidence of certain matters
(1) A certificate by the Foreign Affairs Minister, or by an eligible person authorised by that Minister to make such a certificate, stating that: (a) specified waters were, at a specified time: (i)…
Section 85ZA — Postage stamps to be valuable securities etc.
A postage stamp, and any document issued by Australia Post in relation to the carriage by post of money or a direction to pay an amount of money, shall be taken to be a valuable security for the…
Section 85ZZA — Complaints to the Information Commissioner
(1) A person may complain to the Information Commissioner about an act or practice of another person or of a Commonwealth authority or State authority that may be a breach of Division 2 or 3. (2) A…
Section 85ZZGA — Object of Subdivision
The object of this Subdivision is to help protect children from sexual, physical and emotional harm by permitting criminal history information to be disclosed and taken into account in assessing the…
Section 85ZZJA — Exclusions—ASIO
(1) Divisions 2 and 3 do not apply in relation to: (a) the disclosure of information to or by ASIO, or an ASIO officer, if the disclosure is made for the purposes of the performance of the functions,…
Section 85ZZB — Identity of respondent to complaint
(1) If a complaint is about an act or practice of a Commonwealth Department or a State Department, or an officer of such a Department, the Secretary or head of the Department is the respondent to the…
Section 85ZZGB — Exclusion: disclosing information to a person or body
Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed Commonwealth…
Section 85ZZJB — Exclusions—ACC
(1) Divisions 2 and 3 do not apply in relation to: (a) the disclosure of information to or by the ACC, or an ACC officer, if the disclosure is made for the purposes of the performance of the ACC’s…
Section 85ZZC — Investigation of complaints
(1) The Information Commissioner shall consider a complaint, and shall investigate the act or practice complained of, if the act or practice may be a breach of Division 2 or 3. (2) The Information…
Section 85ZZGC — Exclusion: person or body taking information into account
Divisions 2 and 3 do not apply in relation to the taking into account of information by a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed…
Section 85ZZJC — Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
Spent, pardoned and quashed convictions (1) ASIO or an ASIO officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the…
Section 85ZZD — Determinations of Information Commissioner
(1) After investigating a complaint, the Information Commissioner may: (a) make a determination dismissing the complaint; or (b) find the complaint substantiated and make a determination that…
Section 85ZZGD — Exclusion: person or body disclosing information
Divisions 2 and 3 do not apply in relation to the disclosure of information by a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed Commonwealth…
Section 85E — Interpretation—definitions
In this Part, unless the contrary intention appears: article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by…
Section 85ZZE — Payment of compensation or expenses
Where a determination under paragraph 85ZZD(1)(b) includes a declaration of a kind referred to in subparagraph 85ZZD(1)(b)(v) or subsection 85ZZD(4), the declaration has effect as a declaration that…
Section 85ZZGE — Prescribed persons and bodies
Before the Governor-General makes a regulation prescribing, for the purposes of section 85ZZGB, 85ZZGC or 85ZZGD, a person or body: (a) to which information may be disclosed; or (b) by which…
Section 85F — Interpretation—expressions used in Australian Postal Corporation Act
Unless the contrary intention appears, expressions used in this Part, and in the Australian Postal Corporation Act 1989, have the same respective meanings as in that Act.
Section 85ZZF — Enforcement of determination or recommendation
(1) The Information Commissioner or the complainant may apply to the Federal Court of Australia for an order to enforce a determination under paragraph 85ZZD(1)(b) or subsection 85ZZD(4). (2) If the…
Section 85ZZGF — Definitions
In this Subdivision: child means a person who is under 18. work includes the following: (a) work: (i) under a contract of employment, contract of apprenticeship or contract for services; or (ii) in a…
Section 85G — Forgery of postage stamps etc.
(1) A person shall not forge a postage stamp. Penalty: Imprisonment for 10 years. (2) A person shall not utter a postage stamp knowing it to be forged. Penalty: Imprisonment for 10 years. (3) A…
Section 85ZZG — Application of Privacy Act
(1) Sections 42 to 48 (inclusive) of the Privacy Act, and sections 50, 64 to 67 (inclusive) and 80W of that Act apply, with any necessary changes, in relation to a complaint as if the complaint had…
Section 85ZZGG — Reviews of operation of this Subdivision
(1) The Minister must cause 2 reviews of the operation of this Subdivision to be conducted. (2) The first review must: (a) start not later than 30 June 2011; and (b) be completed within 3 months. (3)…
Section 85H — Special paper for postage stamps
(1) A person shall not: (a) intentionally make, use, have in his or her possession, or sell or otherwise dispose of, paper: (i) supplied for, or used by, Australia Post for the purpose of printing…
Section 85ZZGH — Object of Subdivision
The object of this Subdivision is to protect persons with disability from harm by permitting criminal history information to be disclosed and taken into account in assessing whether a person who…
Section 85ZZH — Exclusions
Division 3 does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body referred to in one of the following paragraphs for the…
Section 85ZZGI — Exclusion: disclosing information to a person or body
Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed Commonwealth…
Section 85ZZGJ — Exclusion: person or body taking information into account
Divisions 2 and 3 do not apply in relation to the taking into account of information by a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed…
Section 85ZZJ — Further exclusions—law enforcement agencies
(1) Division 3 does not apply in relation to: (a) the disclosure of information by a law enforcement agency, or an employee or member of a law enforcement agency, to another law enforcement agency,…
Section 85ZZGK — Exclusion: person or body disclosing information
Divisions 2 and 3 do not apply in relation to the disclosure of information by a prescribed person or body if: (a) the person or body is required or permitted by or under a prescribed Commonwealth…
Section 85ZZK — Fair reporting: pardons and quashed convictions
The publication of a fair and accurate report of the circumstances in which a person was granted a pardon (on any ground), or a person’s conviction was quashed, and of any related court proceedings,…