Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 15KB — Determination of applications
(1) After considering an application for an authority to acquire or use an assumed identity, and any additional information under subsection 15KA(6), the chief officer: (a) may grant an authority to…
Section 15LB — Misuse of assumed identity
(1) A person commits an offence if: (a) the person is an authorised person (other than an authorised civilian); and (b) the person acquires evidence of, or uses, an assumed identity; and (c) the…
Section 15MB — Meaning of civil proceeding
(1) In this Part, civil proceeding means any proceeding in a court of the Commonwealth, a State or Territory, other than a criminal proceeding. (2) To avoid doubt, each of the following is part of a…
Section 15YAB — Special witnesses
Meaning of special witness (1) In a proceeding for a Commonwealth offence, the court may declare a person to be a special witness in relation to the proceeding if satisfied that the person is…
Section 15YB — Evidence of sexual reputation—child proceedings
Evidence of a child witness’ or child complainant’s reputation with respect to sexual activities is inadmissible in a child proceeding.
Section 15YCB — Evidence of sexual experience—vulnerable adult proceedings
(1) Evidence of a vulnerable adult complainant’s experience with respect to sexual activities is inadmissible in a vulnerable adult proceeding, unless the court gives leave. (2) The court must not…
Section 15YDB — Evidence recording hearings
(1) The court may, if it is satisfied that it is in the interests of justice to do so, order a hearing (the evidence recording hearing) for the vulnerable person to give evidence. (2) For the…
Section 15YNB — Original evidence admissible in new proceeding
(1) For the new proceeding, the prosecutor may prepare a record of all the evidence given by any person to whom subsection (4) applies (the vulnerable person) in the original proceeding if: (a) the…
Section 15YZB — Administration of oaths and affirmations
An oath or affirmation to be sworn or made by a witness who is to give evidence under a section 15YV direction or order may be administered either: (a) by means of the video link, in as nearly as…
Section 15C — Form of indictments, information and summonses
(1) At the hearing of any indictment, information or summons, the court may make such amendment in the indictment, information or summons as appears to it to be desirable or to be necessary to enable…
Section 15GC — Definitions
In this Part: ACC authorising officer has the meaning given by subsection 15GF(3). AFP authorising officer has the meaning given by subsection 15GF(2). appropriate authorising officer, for a…
Section 15HC — Effect of sections 15HA and 15HB on other laws relating to criminal investigation
Sections 15HA and 15HB do not apply to a person’s conduct that is, or could have been, authorised under Commonwealth law or a law of a State or Territory relating to the following: (a) arrest or…
Section 15JC — Integrity testing—definitions
In this Part: appropriate authorising officer, for an integrity testing operation, has the meaning given by the table in subsection 15JE(1). authorising officer means any of the appropriate…
Section 15KC — Form of authority
(1) An authority must be: (a) in writing in the form approved by the chief officer; and (b) signed by the person granting it. (2) An authority must state the following: (a) the name of the person…
Section 15LC — Disclosing information about assumed identity
(1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct causes the disclosure of information; and (c) the information reveals, or is likely to reveal, that another…
Section 15MC — When a charge is outstanding or pending
(1) For the purposes of this Part: (a) a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways: (i) the charge is withdrawn; (ii)…
Section 15YAC — Child complainants
(1) A child complainant, in relation to a child proceeding: (a) is a child who is, or is alleged to be, a victim of an offence, of a kind referred to in subsection 15Y(1), to which the proceeding…
Section 15YC — Evidence of sexual experience—child proceedings
(1) Evidence of a child witness’ or child complainant’s experience with respect to sexual activities is inadmissible in a child proceeding, unless the court gives leave. (2) The court must not give…
Section 15YDC — Arrangements for persons at the hearing
(1) The vulnerable person must not be able to see the defendant during the evidence recording hearing. (2) However, the defendant must be able to: (a) if the vulnerable person gives evidence from…
Section 15YNC — Vulnerable person not to be made to give further evidence
(1) A vulnerable person whose evidence is included in a record admitted under section 15YNB need not give any further evidence in the new proceeding unless the court orders that this is necessary:…
Section 15YZC — Expenses
A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a section 15YV direction given, or a section 15YV order made, by the court.
Section 15GD — Meaning of controlled operation and major controlled operation
(1) A controlled operation is an operation that: (a) involves the participation of law enforcement officers; and (b) is carried out for the purpose of obtaining evidence that may lead to the…
Section 15HD — Effect of being unaware of variation or cancellation of authority
(1) If an authority to conduct a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the controlled operation as if the authority had not…
Section 15JD — Integrity testing—meaning of integrity testing operation
(1) An integrity testing operation is an operation conducted in relation to a target agency using controlled or simulated situations to test the integrity of a staff member of the agency. (2) An…
Section 15KD — Period of authority
(1) An authority for an authorised person (other than an authorised civilian of a kind covered by paragraph 15KC(2)(h)) remains in force until cancelled under section 15KE. (2) An authority for an…
Section 15LD — Reports about authorities for assumed identities etc.—law enforcement agencies
(1) As soon as practicable after the end of each financial year, the chief officer of a law enforcement agency must submit a report to the Minister administering the National Anti-Corruption…
Section 15MD — Application of Part
(1) This Part applies to a proceeding in which an operative is, or may be, required to give evidence obtained as an operative. (2) To avoid doubt, this Part does not affect the operation of any law…
Section 15YAD — Child witnesses
(1) A child witness, in relation to a child proceeding: (a) is a child (including a child complainant) who is a witness in the proceeding; and (b) includes a witness in the proceeding who was a child…
Section 15YD — Leave under this Division
(1) An application for leave under this Division: (a) must be in writing; and (b) if there is a jury in the proceeding in question—must be made in the jury’s absence; and (c) must not be determined…
Section 15YDD — Evidence must be recorded
(1) A recording must be made of the evidence given by the vulnerable person at the evidence recording hearing. (1A) The recording must be a video recording unless the court is satisfied that…
Section 15YND — Defendants’ access to video or audio recordings
(1) If a record prepared under subsections 15YNB(1) and (2) includes a video or audio recording, neither: (a) the defendants in the new proceeding; nor (b) their legal representatives in the new…
Section 15YZD — Appeals against section 15YV directions or orders etc.
Court gives a direction or makes an order (1) If: (a) a court gives a section 15YV direction or makes a section 15YV order; and (b) the prosecutor applied for the direction or order; a defendant in…
Section 15E — Privilege of Parliament not affected
Nothing in this Act shall derogate from any power or privilege of either House of the Parliament or of the members or committees of either House of Parliament as existing at the commencement of this…
Section 15GE — Meaning of serious Commonwealth offence and serious State offence that has a federal aspect
Meaning of serious Commonwealth offence (1) For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that: (a) involves a matter mentioned in subsection (2); and (b)…
Section 15HE — Protection from criminal responsibility for certain ancillary conduct
(1) This section applies if: (a) a person engages in conduct (the ancillary conduct) that relates to controlled conduct (the related controlled conduct) engaged in by another person; and (b) engaging…
Section 15JE — Integrity testing authorities—circumstances in which applications may be made
(1) The following table has effect: Integrity testing—circumstances in which applications may be made Item If a proposed integrity testing operation is concerned with … a staff member of the…
Section 15KE — Variation or cancellation of authority
(1) The chief officer of an agency: (a) may, at any time, vary or cancel an authority that was granted by the chief officer of the agency; and (b) must cancel the authority if the chief officer is…
Section 15LE — Reports about authorities for assumed identities etc.—intelligence agencies
As soon as practicable after the end of each financial year, the chief officer of an intelligence agency must submit a report to the Inspector-General of Intelligence and Security (the…
Section 15ME — Witness identity protection certificate
(1) The chief officer of a law enforcement agency may give a witness identity protection certificate for an operative in relation to a proceeding if: (a) the operative is, or may be required, to give…
Section 15YDE — Admissibility of evidence
The court may refuse to admit the whole or part of the contents of the recording.
Section 15YE — Disallowing inappropriate or aggressive cross-examination
(1) The court must disallow a question put to a person in cross-examination in a proceeding if: (a) the question is inappropriate or unnecessarily aggressive; and (b) the person is a person to whom…
Section 15YNE — Warnings etc. not to be given about vulnerable persons’ evidence
If there is a jury in the new proceeding, the judge is not to warn the jury, or suggest to the jury in any way, that the law requires greater or lesser weight to be given to evidence that is included…
Section 15YZE — Other laws about evidence not affected
This Part does not prevent any other law about taking evidence of a witness from applying for the purposes of a proceeding.
Section 15F — Civil rights not affected
Nothing in this Act shall affect the right of any person aggrieved by any act or omission which is punishable as an offence against this Act to institute civil proceedings in any court in respect of…
Section 15GF — Meaning of authorising officer etc.
(1) Any of the following is an authorising officer for a controlled operation: (a) if the operation is a major controlled operation and the investigation of the offence to which the controlled…
Section 15HF — Compensation for property loss or serious damage
(1) If a person suffers loss of or serious damage to property, or personal injury, in the course of, or as a direct result of a controlled operation authorised under this Part, the Commonwealth is…
Section 15JF — Integrity testing authorities—application
(1) An application under section 15JE must: (a) be in writing; and (b) provide sufficient information to enable the authorising officer to decide whether or not to grant the application; and (c)…
Section 15KF — Yearly review of authority
(1) The chief officer of an agency must periodically review each authority granted by the chief officer or a delegate of the chief officer under this Part. (2) A review of an authority under this…
Section 15LF — Record keeping
(1) The chief officer of either a law enforcement agency or an intelligence agency must keep appropriate records about the operation of this Part in respect of the agency. (2) The records must…
Section 15MF — Statutory declaration by operative
(1) Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters: (a) whether the operative has been convicted…