Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 3ZZUZ — Attributes of emergency authorisations
(1) An emergency authorisation may authorise anything that an account takeover warrant may authorise. (2) A law enforcement officer may take control of an online account under an emergency…
Section 3ZZVZ — Evidentiary certificates
(1) A law enforcement officer may issue a written certificate signed by the officer setting out any facts the officer considers relevant with respect to: (a) anything done by the law enforcement…
Section 4A — Meaning of certain words
In a law of the Commonwealth, unless the contrary intention appears: committed for trial, in relation to a person, means committed to prison with a view to the person being tried before a judge and…
Section 4AA — Penalty units
(1) In a law of the Commonwealth or a Territory Ordinance, unless the contrary intention appears: penalty unit means the amount of $330 (subject to indexation under subsection (3)). (1A) If the…
Section 4AAA — Commonwealth laws conferring non-judicial functions and powers on officers
Application (1) This section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial…
Section 4JA — Some indictable offences punishable by fine only may be dealt with summarily
(1) A court of summary jurisdiction may hear and determine an indictable offence if: (a) the offence is not punishable by imprisonment; and (b) the pecuniary penalty for the offence is not more than…
Section 4AAB — Arrangements for conferral of non-judicial functions and powers
Governor-General may make arrangements (1) The Governor-General may make arrangements with: (a) the Governor of a State (excluding the Northern Territory); and (b) the Chief Minister for the…
Section 4AB — Conversion of pecuniary penalties expressed in dollar amounts to penalty units
(1) A reference in a law of the Commonwealth or in a Territory Ordinance to a pecuniary penalty of D dollars, where D is a number, is taken to be a reference to a pecuniary penalty of P penalty…
Section 4B — Pecuniary penalties—natural persons and bodies corporate
(1) A provision of a law of the Commonwealth relating to indictable offences or summary offences shall, unless the contrary intention appears, be deemed to refer to bodies corporate as well as to…
Section 4C — Offences under 2 or more laws
(1) Where an act or omission constitutes an offence: (a) under 2 or more laws of the Commonwealth; or (b) both under a law of the Commonwealth and at common law; the offender shall, unless the…
Section 4D — Penalties
(1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A)…
Section 4E — Pecuniary penalties
A pecuniary penalty for an offence against a law of the Commonwealth may, unless the contrary intention appears, be recovered in any court of summary jurisdiction.
Section 4F — Effect of alterations in penalties
(1) Where a provision of a law of the Commonwealth increases the penalty or maximum penalty for an offence, the penalty or maximum penalty as increased applies only to offences committed after the…
Section 4G — Indictable offences
Offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears.
Section 4H — Summary offences
Offences against a law of the Commonwealth, being offences which: (a) are punishable by imprisonment for a period not exceeding 12 months; or (b) are not punishable by imprisonment; are summary…
Section 4J — Certain indictable offences may be dealt with summarily
(1) Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period…
Section 4K — Continuing and multiple offences
(1) Where, under a law of the Commonwealth, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention appears, the obligation…
Section 4L — Specified defences not to preclude other defences
Where a provision of a law of the Commonwealth provides a defence to a particular offence, the provision does not, unless the contrary intention appears, prevent the use of any defence that is…
Section 4M — Children under 10
A child under 10 years old cannot be liable for an offence against a law of the Commonwealth.
Section 4N — Children over 10 but under 14
(1) A child aged 10 years or more but under 14 years old can only be liable for an offence against a law of the Commonwealth if the child knows that his or her conduct is wrong. (2) The question…
Section 6 — Accessory after the fact
Any person who receives or assists another person, who has, to his or her knowledge, committed any offence against a law of the Commonwealth, in order to enable him or her to escape punishment or to…
Section 9 — Seizure and condemnation of forfeitable goods
(1) Any constable may, without warrant, seize any articles which are forfeited or which he or she has reasonable ground to believe are forfeited under any law of the Commonwealth, and take them…
Section 9A — Forfeited articles to be dealt with by Official Trustee
Where articles are transferred to the Official Trustee under subsection 9(4), the Official Trustee must, subject to any direction by the Minister administering the Proceeds of Crime Act 2002 given in…
Section 9B — Costs etc. payable to Official Trustee
(1) The regulations may make provision in relation to: (a) the costs, charges and expenses incurred in connection with; and (b) the Official Trustee’s remuneration in respect of; the performance or…
Section 13 — Institution of proceedings in respect of offences
Unless the contrary intention appears in the Act or regulation creating the offence, any person may: (a) institute proceedings for the commitment for trial of any person in respect of any indictable…
Section 15 — Remand of defendant
Where a person is charged, before a court of summary jurisdiction, with an offence against the law of the Commonwealth, if, from the absence of witnesses or from any other reasonable cause, it…
Section 15A — Enforcement of fines etc.
(1) A law of a State or Territory relating to the enforcement or recovery of a fine imposed on an offender applies to a person convicted in the State or Territory of an offence against a law of the…
Section 15AA — Bail not to be granted in certain cases
(1) Despite any other law of the Commonwealth, a bail authority must not grant bail to a person covered by subsection (2) or (2A), in relation to an offence against a law of the Commonwealth, unless…
Section 15AAA — Bail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences
(1) Despite any other law of the Commonwealth, a bail authority must not grant bail to a person who: (a) is charged with, or convicted of, an offence described in column 1 of an item in the table in…
Section 15GA — Relationship to other laws and matters
(1) Subject to subsection (2) and section 15HZ, this Part is not intended to limit a discretion that a court has: (a) to admit or exclude evidence in any proceedings; or (b) to stay criminal…
Section 15HA — Protection from criminal responsibility for controlled conduct during controlled operations
(1) This section applies if: (a) a participant in a controlled operation engages in conduct in the course of, and for the purposes of, the controlled operation; and (b) engaging in that conduct is a…
Section 15JA — Integrity testing—simplified outline
The following is a simplified outline of this Part: This Part provides for the authorisation of operations (called integrity testing operations) that are designed to test the integrity of staff…
Section 15KA — Application for authority to acquire or use assumed identity
(1) A law enforcement officer of a law enforcement agency may apply to the chief officer mentioned in subsection (2) for an authority for the officer or any other person to do either or both of the…
Section 15LA — Application of this Part to authorities under corresponding laws
(1) The following provisions apply to anything done in relation to a corresponding authority as if it were an authority granted under section 15KB: (a) section 15KP (assumed identity may be acquired…
Section 15MA — Meaning of criminal proceeding
(1) In this Part, criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences. (2) To avoid doubt, each of the following is part of a…
Section 15YA — Definitions
In this Part, unless the contrary intention appears: adult means a person who is 18 or over. child means a person who is under 18. child complainant has the meaning given by section 15YAC. child…
Section 15YAA — Vulnerable adult complainants
(1) A vulnerable adult complainant, in relation to a vulnerable adult proceeding, is an adult who is, or is alleged to be, a victim of an offence, of a kind referred to in subsection 15Y(2), to which…
Section 15YCA — Evidence of sexual reputation—vulnerable adult proceedings
Evidence of a vulnerable adult complainant’s reputation with respect to sexual activities is inadmissible in a vulnerable adult proceeding.
Section 15YDA — Application
This Division applies to a person (the vulnerable person) as follows: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a…
Section 15YFA — Unrepresented defendants—cross-examination of vulnerable adult complainants
(1) A defendant in a vulnerable adult proceeding who is not represented by counsel is not to cross-examine a vulnerable adult complainant. Note: A person is not to cross-examine certain persons at…
Section 15YHA — Committal proceedings—cross-examination of vulnerable persons
(1) A person is not to cross-examine, at committal proceedings or proceedings of a similar kind, a person to whom subsection (2) applies. (2) This subsection applies to the following persons: (a) for…
Section 15YLA — Recording of evidence given in person
(1) The court must order that evidence given in person by a person to whom subsection (2) applies is to be recorded if: (a) the court is satisfied that the evidence could be used in another…
Section 15YNA — When this Division applies
This Division applies if a proceeding (the original proceeding) involving the trial of one or more defendants: (a) concludes and, on appeal, a new proceeding involving the trial of any or all of the…
Section 15YOA — Right to interpreter
(1) If the court is satisfied that a person to whom subsection (2) applies is unable, because of inadequate knowledge of the English language or a disability, to communicate orally with reasonable…
Section 15YZA — Application of laws about witnesses
(1) A person who gives evidence under a section 15YV direction or order is taken to give it at the courtroom or other place where the court is sitting. (2) Subsection (1) has effect, for example, for…
Section 15AB — Matters to be considered in certain bail applications
(1) In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth or the Northern Territory, or in determining conditions to which bail…
Section 15B — Time for commencement of prosecutions
(1) Subject to subsection (1B), a prosecution of an individual for an offence against any law of the Commonwealth may be commenced as follows: (a) if the maximum penalty which may be imposed for the…
Section 15GB — Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.
Section 15HB — Indemnification of participants against civil liability
(1) The Commonwealth must indemnify a participant in a controlled operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages…
Section 15JB — Integrity testing—concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.