Crimes Act 1961
Sections and provisions with full text and the judgments that cite each one.
Section 311 — Attempt to commit or procure commission of offence
311 Attempt to commit or procure commission of offence (1) Every one who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by…
Section 312 — Accessory after the fact to crime
312 Accessory after the fact to crime Every one who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or…
Section 312A — Interpretation
312A Interpretation (1) In this Part, unless the context otherwise requires,— facility means an electronic address, phone number, or similar facility that enables private communications to— (a) take…
Section 312CA — Application by Police for warrant to intercept private communications in relation to serious violent offences
312CA Application by Police for warrant to intercept private communications in relation to serious violent offences (1) An application may be made in accordance with this section to a Judge of the…
Section 312B — Application by Police for warrant to intercept private communications
312B Application by Police for warrant to intercept private communications (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any member of…
Section 312CB — Matters on which Judge must be satisfied in respect of applications relating to serious violent offences
312CB Matters on which Judge must be satisfied in respect of applications relating to serious violent offences (1) On an application made in accordance with section 312CA, the Judge may grant an…
Section 312C — Matters on which Judge must be satisfied in respect of applications
312C Matters on which Judge must be satisfied in respect of applications (1) On an application made in accordance with section 312B of this Act, the Judge may grant an interception warrant if the…
Section 312CC — Application by police for warrant to intercept private communications relating to terrorist offences
312CC Application by police for warrant to intercept private communications relating to terrorist offences (1) An application may be made to a Judge of the High Court for a warrant for any member of…
Section 312CD — Matters of which Judge must be satisfied in respect of applications relating to terrorist offences
312CD Matters of which Judge must be satisfied in respect of applications relating to terrorist offences (1) A Judge may grant an interception warrant on an application under section 312CC if…
Section 312D — Contents and term of warrant
312D Contents and term of warrant (1) Every interception warrant shall be issued in the prescribed form, and shall— (a) State the offence or offences in respect of which the warrant is granted; and…
Section 312E — Effect of warrant
312E Effect of warrant Every interception warrant shall have effect, according to its terms, to authorise the interception of private communications by means of an interception device. Part 11A,…
Section 312F — Renewal of warrants
312F Renewal of warrants (1) Any Judge of the High Court may from time to time grant a renewal of an interception warrant upon application made at any time before the warrant (or any current renewal…
Section 312G — Emergency permits
312G Emergency permits (1) In any case where a Judge is satisfied that circumstances exist that would justify the grant of an interception warrant under section 312C or, as the case requires, section…
Section 312H — Security of applications
312H Security of applications (1) As soon as an application for an interception warrant or for a renewal of an interception warrant or for an emergency permit or for a certificate confirming an…
Section 312I — Destruction of irrelevant records made by use of interception device
312I Destruction of irrelevant records made by use of interception device (1) Every person who intercepts a private communication in pursuance of an interception warrant or any emergency permit must,…
Section 312J — Destruction of relevant records made by use of interception device
312J Destruction of relevant records made by use of interception device (1) The Commissioner of Police must ensure that every record, whether written or otherwise, of the information obtained by the…
Section 312K — Prohibition on disclosure of private communications lawfully intercepted
312K Prohibition on disclosure of private communications lawfully intercepted (1) No person who— (a) Intercepts or assists in the interception of a private communication in pursuance of an…
Section 312L — Notice to be given of intention to produce evidence of private communication
312L Notice to be given of intention to produce evidence of private communication Particulars of a private communication intercepted pursuant to an interception warrant or an emergency permit shall…
Section 312M — Inadmissibility of evidence of private communications unlawfully intercepted
312M Inadmissibility of evidence of private communications unlawfully intercepted (1) Subject to subsections (2) to (4) of this section, where a private communication intercepted by means of an…
Section 312N — Restriction on admissibility of evidence of private communications lawfully intercepted
312N Restriction on admissibility of evidence of private communications lawfully intercepted Even if the communication was intercepted under an interception warrant or an emergency permit, evidence…
Section 312O — Privileged evidence
312O Privileged evidence Where evidence obtained by the interception of a private communication would, but for the interception, have been privileged by virtue of— (a) Any of the provisions of Part 3…
Section 312P — Report to be made to Judge on use of warrant or permit
312P Report to be made to Judge on use of warrant or permit (1) As soon as practicable after an interception warrant or an emergency permit has expired, the member of the Police who applied for it,…
Section 312Q — Commissioner of Police to give information to Parliament
312Q Commissioner of Police to give information to Parliament The Commissioner of Police must include in every annual report prepared by the Commissioner for the purposes of section 101 of the…
Section 313 — General provisions as to procedure
313 General provisions as to procedure (1) This Part of this Act shall be read subject to any special provisions of this Act or of any other enactment relating to the procedure in any particular…
Section 314 — Procedure where prior consent to prosecution required
314 Procedure where prior consent to prosecution required Where any one is charged with any offence in respect of which the leave or consent or certificate of a Judge or of the Attorney-General or of…
Section 314A — Statutory search power
314A Statutory search power (1) For the purposes of sections 314B and 314C , a statutory search power means any power conferred by statute that expressly authorises any member of the Police to search…
Section 314B — General power to stop vehicles
314B General power to stop vehicles (1) Any member of the Police may stop a vehicle for the purpose of conducting a search under a statutory search power if the member of the Police is satisfied…
Section 314C — Powers incidental to stopping vehicles under section 314B
314C Powers incidental to stopping vehicles under section 314B (1) This section applies whenever a vehicle is stopped under section 314B . (2) Any member of the Police may do either or both of the…
Section 314D — Offences relating to stopping vehicles under section 314B
314D Offences relating to stopping vehicles under section 314B (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—…
Section 315 — Arrest without warrant
315 Arrest without warrant (1) No one shall be arrested without warrant except pursuant to the provisions of— (a) This Act; or (b) Some other enactment expressly giving power to arrest without…
Section 316 — Duty of persons arresting
316 Duty of persons arresting (1) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person…
Section 317 — Power to enter premises to arrest offender or prevent offence
317 Power to enter premises to arrest offender or prevent offence (1) Where any constable is authorised by this Act or by any other enactment to arrest any person without warrant, that constable, and…
Section 317A — Power to stop vehicles for purpose of arrest
317A Power to stop vehicles for purpose of arrest (1) Any member of the Police who— (a) Has reasonable grounds to suspect that there is in or on any vehicle any person who either— (i) Is unlawfully…
Section 317AA — Powers incidental to stopping vehicles under section 317A
317AA Powers incidental to stopping vehicles under section 317A (1) Subject to section 317A(3) , where any vehicle is stopped pursuant to section 317A , any member of the Police may do all or any of…
Section 317AB — Offences relating to stopping vehicles under section 317A
317AB Offences relating to stopping vehicles under section 317A (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—…
Section 317B — Road blocks
317B Road blocks (1) Where any senior member of the Police (holding a level of position not lower than sergeant) has reasonable grounds to suspect that there is in or on any vehicle any person who—…
Section 318 — When bail not allowable
318 When bail not allowable [Repealed] Section 318 was substituted, as from 1 December 1991, by section 2 Crimes Amendment Act (No 2) 1991 (1991 No 106). Subsection (6A) was inserted, as from 3 June…
Section 319 — Rules as to granting bail
319 Rules as to granting bail [Repealed] Subsection (2) was amended, as from 1 July 1996, by section 2(1) Crimes Amendment Act (No 3) 1995 by inserting the words “ or against section 49(1)(a) or…
Section 319A — Detention while bail bond prepared and signed
319A Detention while bail bond prepared and signed [Repealed] Sections 319A and 319B were inserted, as from 1 December 1991, by section 3 Crimes Amendment Act (No 2) 1991 (1991 No 106). Section 319A…
Section 319B — Variation of conditions of bail
319B Variation of conditions of bail [Repealed] Sections 319A and 319B were inserted, as from 1 December 1991, by section 3 Crimes Amendment Act (No 2) 1991 (1991 No 106). Section 319B was repealed,…
Section 320 — Arrest of absconder
320 Arrest of absconder [Repealed] Section 320 was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court Judge ” for…
Section 320A — Person on bail may be arrested without warrant in certain circumstances
320A Person on bail may be arrested without warrant in certain circumstances [Repealed] Sections 320A to 320C were inserted, as from 1 December 1991, by section 5 Crimes Amendment Act (No 2) 1991…
Section 320B — Failure to answer bail
320B Failure to answer bail [Repealed] Sections 320A to 320C were inserted, as from 1 December 1991, by section 5 Crimes Amendment Act (No 2) 1991 (1991 No 106). Sections 320A to 320C were repealed,…
Section 320C — Non-performance of condition of bail bond to be certified by Judge
320C Non-performance of condition of bail bond to be certified by Judge [Repealed] Sections 320A to 320C were inserted, as from 1 December 1991, by section 5 Crimes Amendment Act (No 2) 1991 (1991 No…
Section 321 — Person committed for trial may plead guilty before trial
321 Person committed for trial may plead guilty before trial (1) Where any person charged with any crime has been committed for trial, and, at any time before the commencement of the sittings to…
Section 322 — Changing venue or sitting
322 Changing venue or sitting (1) Where any person is committed for any crime to appear at any sitting of the High Court or of a District Court (hereinafter referred to as the Court of committal),…
Section 323 — Powers of Court of committal as to custody or bail of accused
323 Powers of Court of committal as to custody or bail of accused [Repealed] Section 323 was amended, as from 1 December 1991, by section 6 Crimes Amendment Act (No 2) 1991 (1991 No 106) by inserting…
Section 324 — Attendance of witnesses at substituted Court
324 Attendance of witnesses at substituted Court Where any witness has been summoned to give evidence at the trial, or has been served with a notice to attend under section 181 of the Summary…
Section 325 — Powers of substituted Court to compel attendance
325 Powers of substituted Court to compel attendance (1) For the purposes of the trial before the substituted Court, the Judge of that Court may issue any process for apprehending the person to be…
Section 326 — Trial in substituted Court
326 Trial in substituted Court (1) Where an indictment is transmitted or removed to, or filed at, a substituted Court, the charge may be dealt with, tried, and determined, and a verdict and judgment…