Crimes Act

Australia

Crimes Act 1914 Act No. 12 of 1914 as amended This compilation was prepared on 4 October 2011 taking into account amendments up to Act No. 46 of 2011 As of 15/11/2011 Australia

Crimes Act

Act No. 12 of 1914 as amended

ebooks@prospekt.org

Act No. 12 of 1914 as amended

This compilation was prepared on 4 October 2011

taking into account amendments up to Act No. 46 of 2011

An Act relating to Offences against the Commonwealth

VOLUME 1

Crimes Act 1914

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Part I Preliminary

1 Short title [see Note 1]

This Act may be cited as the Crimes Act 1914.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Aboriginal person means a person of the Aboriginal race of Australia.

ACC means the Australian Crime Commission.

associated offence means:

(a) in relation to an offence against section 233B of the Customs Act 1901 — an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 — an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

(c) in relation to an offence against a law of a State or Territory — an offence:

(i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code; and

(ii) that relates to the offence.

Australian law enforcement officer means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.

bail authority means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

child abuse material has the same meaning as in Part 10.6 of the Criminal Code.

child pornography material has the same meaning as in Part 10.6 of the Criminal Code.

Commissioner means the Commissioner of the Australian Federal Police.

Commonwealth child sex offence means:

(a) an offence against any of the following provisions of the Criminal Code:

(i) Division 272 (Child sex offences outside Australia);

(ii) Division 273 (Offences involving child pornography material or child abuse material outside Australia);

(iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child pornography material, child abuse material and sexual activity involving children);

(iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child pornography material, child abuse material and sexual activity involving children); or

(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or

(c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code.

Note: Part IE also applies as if offences against certain other provisions in force before the commencement of that Part were Commonwealth child sex offences: see Schedule 2 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010.

Commonwealth offence, except in Part IC, means an offence against a law of the Commonwealth.

Commonwealth officer means a person holding office under, or employed by, the Commonwealth, and includes:

(a) a person appointed or engaged under the Public Service Act 1999;

(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;

(b) the Commissioner