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Table Of Contents

Part I—Preliminary
1 Short title [see Note 1]
3 Interpretation
3AA State offences that have a federal aspect
State offences that have a federal aspect
3A Operation of Act
3BA Application of the Criminal Code
Division 1—Preliminary
3C Interpretation
3CA Nature of functions of magistrate
3D Application of Part
Division 2—Search warrants
3E When search warrants can be issued
3F The things that are authorised by a search warrant
3H Details of warrant to be given to occupier etc
3J Specific powers available to constables executing warrant
3K Use of equipment to examine or process things
3L Use of electronic equipment at premises
3LAA Use of electronic equipment at other place
3M Compensation for damage to electronic equipment
3N Copies of seized things to be provided
3P Occupier entitled to be present during search
3Q Receipts for things seized under warrant
3R Warrants by telephone or other electronic means
3S Restrictions on personal searches
Division 3—Stopping and searching conveyances
3T Searches without warrant in emergency situations
3U How a constable exercises a power under section 3T
Subdivision A—Definitions
3UA Definitions
Subdivision B—Powers
3UB Application of Subdivision
3UC Requirement to provide name etc
3UD Stopping and searching
3UEA Emergency entry to premises without warrant
3UF Seizure notices
3UH Relationship of Subdivision to other laws
Subdivision C—Prescribed security zones
3UI Applications for declarations
3UJ Minister may make declarations
Subdivision D—Sunset provision
3UK Sunset provision
Division 4—Arrest and related matters
3V Requirement to furnish name etc
3W Power of arrest without warrant by constables
3X Arrest of prisoner unlawfully at large
3Y Power of arrest without warrant of person on bail
3Z Power of arrest without warrant by other persons
3ZA Warrants for arrest
3ZB Power to enter premises to arrest offender
3ZC Use of force in making arrest
3ZD Persons to be informed of grounds of arrest
3ZE Power to conduct a frisk search of an arrested person
3ZF Power to conduct an ordinary search of an arrested person
3ZG Power to conduct search of arrested person’s premises
3ZH Power to conduct an ordinary search or a strip search
3ZI Rules for conduct of strip search
3ZK Destruction of identification material
3ZM Identification parades
3ZN Identification parades for suspects under 18 etc
3ZO Identification by means of photographs
3ZQ Descriptions
Division 4A—Determining a person’s age
3ZQA Definitions
Subdivision B—Determination of age during investigation
3ZQD Withdrawal of consent
Subdivision C—Determination of age during proceedings
3ZQI Reasonable and necessary force
3ZQJ Disclosure of age determination information
3ZQK Destruction of age determination information
Division 4B—Power to obtain information and documents
3ZQL Definitions
3ZQP Matters to which documents must relate
3ZQR Documents must be produced
3ZQT Offence for disclosing existence or nature of notice
3ZQV Operating seized electronic equipment
3ZQW Compensation for damage to electronic equipment
Subdivision B—Returning things seized and documents produced
3ZQY When things seized under Division 3 must be returned
3ZQZA When things seized under Division 3A must be returned
Division 5—General
3ZR Conduct of ordinary searches and frisk searches
3ZS Announcement before entry
3ZT Offence for making false statements in warrants
3ZU Offences relating to telephone warrants
3ZW Delegation by Commissioner
3ZX Law relating to legal professional privilege not affected
Part IA—General
15 Remand of defendant
15AA Bail not to be granted in certain cases
15AB Matters to be considered in certain bail applications
15A Enforcement of fines etc
15B Time for commencement of prosecutions
15C Form of indictments, informations and summonses
15E Privilege of Parliament not affected
15F Civil rights not affected
Part IAB—Controlled operations
15G Objects of Part
15GA Relationship to other laws and matters
15GB Concurrent operation of State and Territory laws
15GC Definitions
15GF Meaning of authorising officer etc
15GG Minister may nominate AAT members
Division 2—Authorisation of controlled operations
Subdivision A—Authorities to conduct controlled operations
15GH Applications for authorities to conduct controlled operations
15GI Determination of applications
15GJ Manner of granting authority
15GK Form of authority
15GL Written record of urgent authority must be issued
15GM Change of principal law enforcement officer
15GN Commencement and duration of authorities
15GO Variation of authority by appropriate authorising officer
15GP Application to appropriate authorising officer
15GQ Requirements for variation of authority
15GR Manner of varying authority
15GS Form of variation of authority
15GU Application to nominated Tribunal member
15GV Determination of application
15GW Manner of varying formal authority
15GX Form of variation of formal authority
Subdivision D—Other matters
15GY Cancellation of authorities
15GZ Effect of authorities
15H Defect in authority
Subdivision A—Controlled operations under this Part
15HB Indemnification of participants against civil liability
15HF Compensation for property loss or serious damage
15HG Notification requirements
Division 4—Compliance and monitoring
15HK Unauthorised disclosure of information
15HN Chief officers’ annual reports to Minister and Ombudsman
15HO Annual report by Ombudsman
15HP Keeping documents connected with controlled operations
15HQ General register
15HR Appointment of inspecting officers
15HS Inspection of records by the Ombudsman
15HT Power to obtain relevant information
15HU Offence
15HX Delegation by Ombudsman
15HY Ombudsman not to be sued
Division 5—Miscellaneous
15HZ Evidence of authorities
Part IAC—Assumed Identities
15K Definitions
Division 2—Authority for Assumed Identity
15KA Application for authority to acquire or use assumed identity
15KB Determination of applications
15KC Form of authority
15KD Period of authority
15KE Variation or cancellation of authority
15KF Yearly review of authority
15KG Making entries in register of births, deaths or marriages
Division 3—Evidence of Assumed Identity
15KI Request for evidence of assumed identity
15KJ Government issuing agencies to comply with request
15KK Non-government issuing agencies may comply with request
15KL Cancellation of evidence of assumed identity
15KM Return of evidence of assumed identity
15KO Indemnity for issuing agencies and officers
Division 4—Effect of Authority
15KP Assumed identity may be acquired and used
15KQ Protection from criminal liability—authorised persons
15KR Protection from criminal liability—third parties
15KS Indemnity for authorised persons
15KT Particular qualifications
15KV Transfer of control of authorities
15KW Consequences of transfer of control of authorities
Division 5—Mutual Recognition under Corresponding Laws
15L Indemnity for issuing agencies and officers
Division 6—Compliance and Monitoring
Subdivision A—Misuse of Assumed Identity and Information
15LB Misuse of assumed identity
15LC Disclosing information about assumed identity
Subdivision B—Reporting and record-keeping
15LF Record keeping
15LG Audit of records
Division 7—General
15LH Delegation of chief officer’s functions
Part IACA—Witness identity protection for operatives
15M Definitions
15MA Meaning of criminal proceeding
15MB Meaning of civil proceeding
15MC When a charge is outstanding or pending
15MD Application of Part
15ME Witness identity protection certificate
15MF Statutory declaration by operative
15MG Form of witness identity protection certificate
15MH Filing and notification
15MI Leave for non-compliance
15MJ Effect of witness identity protection certificate
15MK Orders to protect operative’s identity etc
15ML Disclosure of operative’s identity to presiding officer
15MM Disclosure of operative’s identity etc. despite certificate
15MN Application for leave—joinder as respondent
15MO Directions to jury
15MP Appeals and adjournments
15MQ Witness identity protection certificate—cancellation
15MS Disclosure offences
15MT Evidentiary certificates
15MU Reports about witness identity protection certificates
Division 3—Mutual Recognition under Corresponding Laws
Division 4—General
15MX Delegation
Division 1—Introduction
15Y Proceedings to which this Part applies
15YA Definitions
Division 2—Admissibility of evidence
15YB Evidence of sexual reputation
15YC Evidence of sexual experience
15YD Leave under this Division
Division 3—Cross-examination
15YE Disallowing inappropriate or aggressive cross-examination
Division 4—Special facilities for child witnesses to give evidence
15YI Closed-circuit television
15YJ Giving evidence by closed-circuit television
15YK Viewing evidence given by closed-circuit television
15YL Alternative arrangements for giving evidence
Division 5—Use of video recordings
15YM Use of video recordings
15YN Admissibility of evidence given using video recordings
Division 6—Miscellaneous
15YO Adults accompanying child witnesses
15YP Exclusion of people from the courtroom
15YQ Warnings etc. not to be given about children’s evidence
15YR Publication identifying child witnesses or child complainants
15YS General powers of a court
15YU Proceedings to which this Part applies
15YV When court may take evidence by video link
15YW Observers
15YX Adjournment after a section 15YV direction or order etc
15YY Technical requirements for video link
15YZ Direction to jury
15YZA Application of laws about witnesses
15YZB Administration of oaths and affirmations
15YZC Expenses
15YZD Appeals against section 15YV directions or orders etc
15YZE Other laws about evidence not affected
15YZF Saving of other laws
Division 1—Interpretation
16 Interpretation
Division 2—General sentencing principles
16BA Taking other offences into account
16D No corporal punishment
Division 3—Sentences of imprisonment
16E Commencement of sentences
16F Court to explain sentence
17A Restriction on imposing sentences
17B Restriction on imposing sentences for certain minor offences
18 Sentence of imprisonment
19AE Persons already subject to recognizance release order
19AG Non-parole periods for sentences for certain offences
Division 5—Conditional release on parole or licence
19AL Release on parole
19AN Parole order is subject to conditions
19AP Release on licence
19AQ When parole order or licence automatically revoked
19AT What happens when later conviction is quashed?
19AU Attorney-General may revoke parole order or licence
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AZ Evidence before prescribed authority
19AZA Disobedience of summons etc
19AZC Effect of parole order and licence on sentence
19B Discharge of offenders without proceeding to conviction
20 Conditional release of offenders after conviction
20A Failure to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
20AB Additional sentencing alternatives
Division 6—Unfitness to be tried
20BD Review by Attorney-General
20BE Attorney-General may order release
20BF Release order may be revoked
Division 7—Acquittal because of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney-General
20BL Attorney-General may order release
20BM Release order may be revoked
20BP State or Territory authorities to be notified of certain releases
20BQ Person suffering from mental illness or intellectual disability
20BR Means by which court may be informed
20BS Hospital orders
21B Reparation for offences
21F Prescribed authorities and parole officers
22 Conditions etc. that a court may impose on certain offenders
22A State orders relating to passports
Part IC—Investigation of Commonwealth offences
23 Outline of this Part
23A Application of Part
23AA How this Part applies to the Antarctic Territories
23B Definitions
Division 2—Powers of detention
Subdivision A—Non-terrorism offences
23C Period of investigation if arrested for a non-terrorism offence
23DA Magistrate may extend investigation period
Subdivision B—Terrorism offences
23DB Period of investigation if arrested for a terrorism offence
23DF Magistrate may extend investigation period
Subdivision C—Miscellaneous
Division 3—Obligations of investigating officials
23H Aboriginal persons and Torres Strait Islanders
23J Lists of interview friends and interpreters
23K Persons under 18
23L Exceptions
23N Right to interpreter
23Q Treatment of persons under arrest
23S Right to remain silent etc. not affected
23T Acts authorised under other laws
23V Tape recording of confessions and admissions
23W Proof of belief
Forensic procedures Part ID
Part ID—Forensic procedures
Division 1—Explanation of expressions used
23WA Definitions
23WB Interview friends
23WCA Time limits for carrying out forensic procedures
Division 3—Forensic procedures on suspect by consent
23WE People who cannot consent to forensic procedures
23WF Informed consent to forensic procedures—general
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Cth Crimes Act

Cth Crimes Act

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Published by Dean Memedoski

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Published by: Dean Memedoski on Oct 25, 2011
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