Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 15YDF — Access to recordings and transcripts
Defendants’ access to recordings (1) Neither a defendant in the proceeding nor the defendant’s legal representative is entitled to be given a video or audio recording (the original recording) made in…
Section 15YF — Unrepresented defendants—cross-examination of child complainants
(1) A defendant in a child proceeding who is not represented by counsel is not to cross-examine a child complainant. Note: A person is not to cross-examine certain persons at committal proceedings or…
Section 15YNF — Division applies despite other rules of evidence
This Division has effect despite the Evidence Act 1995, any other law and any other rules of evidence or procedure.
Section 15YZF — Saving of other laws
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Section 15G — Objects of Part
The main objects of this Part are: (a) to provide for the authorisation, conduct and monitoring of controlled operations; and (b) to exempt from criminal liability, and to indemnify from civil…
Section 15GG — ART Minister may nominate ART members
(1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative…
Section 15HG — Notification requirements
(1) If: (a) any loss of or serious damage to property occurs in the course of, or as a direct result of, a controlled operation (other than property of the law enforcement agency on behalf of which…
Section 15JG — Integrity testing authorities—grant
(1) The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information…
Section 15KG — Making entries in register of births, deaths or marriages
The chief officer of: (a) a law enforcement agency; or (b) an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate); may apply, under a…
Section 15LG — Audit of records
(1) The chief officer of either a law enforcement agency or an intelligence agency must cause the records kept under section 15LF for each authority in respect of the agency to be audited: (a) at…
Section 15MG — Form of witness identity protection certificate
(1) A witness identity protection certificate for an operative in relation to a proceeding must state the following: (a) if the operative: (i) is known to a party to the proceeding or a party’s…
Section 15YDG — Vulnerable person need not give further evidence unless court orders
(1) If evidence given by the vulnerable person in an evidence recording hearing is admitted in the proceeding, the vulnerable person need not give any further evidence in the proceeding unless the…
Section 15YG — Unrepresented defendants—cross-examination of vulnerable persons
(1) A defendant in a proceeding who is not represented by counsel is not to cross-examine a person to whom subsection (1A) applies (the vulnerable person), unless the court gives leave. Note: A…
Section 15GH — Applications for authorities to conduct controlled operations
(1) An Australian law enforcement officer of a law enforcement agency may apply to an authorising officer for an authority to conduct a controlled operation on behalf of the law enforcement agency.…
Section 15H — Defect in authority
An application for an authority or variation of an authority, and any authority or variation of an authority granted on the basis of such an application, is not invalidated by any defect, other than…
Section 15HH — Protection from criminal responsibility for conduct under a corresponding State controlled operations law
(1) This section applies to a participant in an operation authorised under a corresponding State controlled operations law if: (a) the participant engages in conduct in the course of, and for the…
Section 15JH — Integrity testing authorities—form
Contents of integrity testing authority (1) An integrity testing authority must: (a) state the name and rank or position of the appropriate authorising officer; and (b) identify the responsible staff…
Section 15KH — Effect of authority ceasing to be in force on register of births, deaths or marriages
(1) This section applies if: (a) an authority for an assumed identity ceases to be in force; and (b) there is an entry in relation to that assumed identity in a register of births, deaths or…
Section 15LH — Delegation of chief officer’s functions
(1) Except as provided by this section (and despite any other Act or law to the contrary) the functions of a chief officer under this Part may not be delegated to any other person. (2) A chief…
Section 15MH — Filing and notification
(1) A witness identity protection certificate for an operative in relation to a proceeding must be filed in the court before the operative gives evidence in the proceeding. (2) The person who files…
Section 15YDH — Division applies despite other rules of evidence
This Division has effect despite the Evidence Act 1995, any other law and any other rules of evidence or procedure.
Section 15YH — Represented defendants—cross-examination of vulnerable persons
(1) A defendant in a proceeding who is represented by counsel is not to cross-examine, except through counsel, a person to whom subsection (2) applies. Note: A person is not to cross-examine certain…
Section 15GI — Determination of applications
(1) An authorising officer may, after considering an application for an authority to conduct a controlled operation, and any additional information provided under subsection 15GH(5): (a) authorise…
Section 15HI — Effect of section 15HH on other laws relating to criminal investigation
Section 15HH does not apply to a person’s conduct that is, or could have been, authorised under a Commonwealth law or a law of a State or Territory relating to the following: (a) arrest or detention…
Section 15JI — Integrity testing authorities—notice to National Anti-Corruption Commissioner
As soon as practicable after granting an integrity testing authority for an integrity testing operation, the authorising officer must give a copy of the authority to: (a) the responsible staff member…
Section 15KI — Request for evidence of assumed identity
(1) This section applies if an authority granted under section 15KB authorises a request under this section. (2) The person specified in subsection (2A) may request the chief officer of an issuing…
Section 15MI — Leave for non-compliance
(1) The person who has filed, or proposes to file, a witness identity protection certificate may apply to the court for leave not to comply with the requirement under subsection 15MH(2) in relation…
Section 15YI — Closed-circuit television
(1) Subject to Division 2A, evidence in a proceeding from a person to whom subsection (1A) applies (the vulnerable person) must be given by means of closed-circuit television unless: (a) the…
Section 15GJ — Manner of granting authority
(1) An authority to conduct a controlled operation may be granted: (a) in the case of a formal application (other than a formal application referred to in subparagraph (b)(ii))—by means of a written…
Section 15HJ — 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 conduct (the related conduct) that: (i) was engaged in by another person; and (ii) constitutes an…
Section 15J — Secretary of Immigration and Border Protection Department to be notified of certain authorities
(1) This section applies if: (a) an authority is granted under section 15GI by an AFP authorising officer, an ACC authorising officer or a NACC authorising officer; and (b) the applicant for the…
Section 15JJ — Integrity testing authorities—duration
(1) An integrity testing authority comes into force when the authority is granted (see section 15JG). (2) The authority has effect for the period stated in the authority, as extended by any variation…
Section 15KJ — Government issuing agencies to comply with request
The chief officer of a Commonwealth government issuing agency who receives a request under section 15KI must comply with the request within the reasonable period stated in the request.
Section 15MJ — Effect of witness identity protection certificate
(1) This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court. (2) If this section applies: (a) the operative may give…
Section 15YJ — Giving evidence by closed-circuit television
(1) If the vulnerable person’s evidence is given by means of closed-circuit television from a location outside a courtroom: (a) that location is taken to be part of the courtroom in which the…
Section 15GK — Form of authority
(1) A formal authority must: (a) state the name and rank or position of the person granting the authority; and (b) identify the principal law enforcement officer for the controlled operation and, if…
Section 15HK — Unauthorised disclosure of information
Disclosures by entrusted persons (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) information came to the knowledge or into the possession of the…
Section 15JK — Integrity testing authorities—variation
(1) An appropriate authorising officer for an integrity testing operation that is authorised by an integrity testing authority may, in writing, vary the authority: (a) at any time on the authorising…
Section 15K — Definitions
In this Part: acquire an assumed identity, means acquire evidence of the assumed identity and includes taking steps towards acquiring evidence of the identity. agency means one or more of the…
Section 15KK — Non-government issuing agencies may comply with request
The chief officer of a non-Commonwealth government issuing agency who receives a request under section 15KI may comply with the request.
Section 15MK — Orders to protect operative’s identity etc.
(1) The court in which a witness identity protection certificate is filed may make any order it considers necessary or desirable to protect the identity of the operative for whom the certificate is…
Section 15YK — Viewing evidence given by closed-circuit television
(1) If the vulnerable person’s evidence is given by means of closed-circuit television, the facilities used are to be operated in such a way that the people who have an interest in the proceeding can…
Section 15GL — Written record of urgent authority must be issued
If an authorising officer grants an urgent authority, the authorising officer must, within 7 days, issue a written record of the urgent authority that complies with subsection 15GK(2) to the…
Section 15JL — Integrity testing authorities—cancellation
(1) An appropriate authorising officer for an integrity testing operation may, by order in writing given to the responsible staff member for the operation, cancel the authority at any time and for…
Section 15KL — Cancellation of evidence of assumed identity
(1) The chief officer of an issuing agency who produces evidence of an assumed identity under this Part must cancel the evidence if directed in writing to do so by the chief officer who requested the…
Section 15L — Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency makes a request to the chief officer of an issuing agency of a participating jurisdiction…
Section 15ML — Disclosure of operative’s identity to presiding officer
(1) This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court. (2) The presiding officer in the proceeding may require the…
Section 15YL — Alternative arrangements for giving evidence
(1) If evidence in a proceeding from a person to whom subsection (3) applies is not to be given by means of closed-circuit television (or under Division 2A), the court: (a) must make arrangements in…
Section 15GM — Change of principal law enforcement officer
If an authorising officer in relation to a controlled operation becomes satisfied that the principal law enforcement officer for the controlled operation ceases for any reason to have responsibility…
Section 15HM — Chief officers’ 6 monthly reports to Ombudsman or Inspector-General of Intelligence and Security, and Minister
(1) As soon as practicable after 30 June and 31 December in each year, the chief officer of each authorising agency must submit a report to the person mentioned in subsection (1A) setting out the…