Commonwealth: Crimes Act 1914 (Cth)

Crimes Act 1914 No. 12, 1914 Compilation No. 159 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 This compilation is in 2 volumes Volume 1: sections 1–23W Volume 2: sections 23WA–91 Schedule Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 3 Interpretation 3AA State offences that have a federal aspect 3A Operation of Act 3B Arrangements with States, Australian Capital Territory and Northern Territory 3BA Application of the Criminal Code Part IAA—Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants) Division 1—Preliminary 3C Interpretation 3CAA Account‑based data 3CA Nature of functions of magistrate 3D Application of Part Division 2—Search warrants 3E When search warrants can be issued 3F The things authorised by a search warrant—general 3FA The things authorised by a search warrant—additional things for digital assets 3G Availability of assistance and use of force in executing a warrant 3H Details of warrant to be given to occupier etc. 3J Specific powers available to constables executing warrant 3JA Extension of time to re‑enter premises in emergency situations 3K Use of equipment to examine or process things 3L Use of electronic equipment at premises 3LAA Use of electronic equipment at other place 3LA Person with knowledge of a computer or a computer system to assist access etc. 3LB Accessing data held on certain premises—notification to occupier of that premises 3M Compensation for damage to equipment 3N Copies of seized things to be provided 3P Occupier entitled to be present during search 3Q Receipts for things seized under warrant or moved 3R Warrants by telephone or other electronic means 3S Restrictions on personal searches 3SA Relationship of this Division to parliamentary privileges and immunities Division 3—Stopping and searching conveyances 3T Searches without warrant in emergency situations 3U How a constable exercises a power under section 3T Division 3A—Powers in relation to terrorist acts and terrorism offences Subdivision A—Definitions 3UA Definitions Subdivision B—Powers 3UB Application of Subdivision 3UC Requirement to provide name etc. 3UD Stopping and searching 3UE Seizure of terrorism related items and serious offence related items 3UEA Emergency entry to premises without warrant 3UEB Emergency entry to premises without warrant—post‑entry warrants 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 CA—Reporting on exercise of powers under this Division 3UJA Report after powers are exercised 3UJB Annual report on exercise of powers Subdivision CB—Matters relating to post‑entry warrants 3UJC Assessment officers 3UJD Consent of Judges 3UJE Nominated ART members Subdivision D—Sunset provision 3UK Sunset provision Division 3B—Identity information requirements, and move‑on powers, at airports 3UL Definitions—Division 3B 3UM Meaning of major airport 3UN Meaning of public order and safe operation 3UO Determination of airports 3UP Identity information at airports 3UQ Move‑on directions at airports 3UR Move‑on directions at airports—alternative constitutional scope 3US Stop and directions powers at airports 3UT Constables' and protective service officers' duties at airports 3UU Directions at airports—offences 3UV Review of Division Division 4—Arrest and related matters 3V Requirement to furnish name etc. 3W Power of arrest without warrant by constables 3WA Constables' power of arrest without warrant for a terrorism offence or offence of advocating terrorism 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 3ZJ Taking fingerprints, recordings, samples of handwriting or photographs 3ZK Destruction of identification material 3ZL Offence of refusing to allow identification material to be taken 3ZM Identification parades 3ZN Identification parades for suspects under 18 etc. 3ZO Identification by means of photographs 3ZP Identification procedures where there is more than one suspect 3ZQ Descriptions Division 4A—Determining a person's age Subdivision A—Preliminary 3ZQA Definitions Subdivision B—Determination of age during investigation 3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure 3ZQC Obtaining of consents for the carrying out of a prescribed procedure 3ZQD Withdrawal of consent 3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses Subdivision C—Determination of age during proceedings 3ZQF Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative Subdivision D—Communication of orders by judges or magistrates 3ZQG Orders made by judges or magistrates concerning carrying out of a prescribed procedure Subdivision E—Matters relating to the carrying out of prescribed procedures 3ZQH Appropriate medical or other standards to be applied 3ZQI Reasonable and necessary force Subdivision F—Disclosure and destruction of age determination information 3ZQJ Disclosure of age determination information 3ZQK Destruction of age determination information Division 4B—Power to obtain information and documents Subdivision A—Definitions 3ZQL Definition Subdivision B—Power to request information or documents about terrorist acts from operators of aircraft or ships 3ZQM Power to request information or documents about terrorist acts from operators of aircraft or ships Subdivision C—Power to obtain documents relating to serious terrorism and non‑terrorism offences 3ZQN Power to obtain documents relating to serious terrorism offences 3ZQO Power to obtain documents relating to serious offences 3ZQP Matters to which documents must relate 3ZQQ Powers conferred on Judges of the Federal Circuit and Family Court of Australia (Division 2) in their personal capacity 3ZQR Documents must be produced 3ZQS Offence for failure to comply with notice under section 3ZQN or 3ZQO 3ZQT Offence for disclosing existence or nature of notice Division 4C—Using, sharing and returning things seized and documents produced Subdivision A—Using and sharing things seized and documents produced 3ZQU Purposes for which things and documents may be used and shared 3ZQV Operating seized electronic equipment 3ZQW Compensation for damage to electronic equipment Subdivision B—Returning things seized and documents produced 3ZQX When things seized or documents produced under Division 2, 4 or 4B must be returned 3ZQY When things seized under Division 3 must be returned 3ZQZA When things seized under Division 3A must be returned 3ZQZB Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc. 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 IAAA—Delayed notification search warrants Division 1—Preliminary 3ZZAA Object of this Part 3ZZAB Application of Part 3ZZAC Definitions 3ZZAD Eligible issuing officers 3ZZAE Consent of Judges 3ZZAF Nominated ART members Division 2—Issue of delayed notification search warrants Subdivision A—The normal process for applying for and issuing delayed notification search warrants 3ZZBA Eligible officer may seek authorisation to apply for a delayed notification search warrant 3ZZBB Authorisation to apply for a delayed notification search warrant 3ZZBC Applying for a delayed notification search warrant 3ZZBD Issuing a delayed notification search warrant 3ZZBE Contents of a delayed notification search warrant Subdivision B—Delayed notification search warrants by telephone, fax etc. 3ZZBF Delayed notification search warrants by telephone, fax etc. 3ZZBG Authority of delayed notification search warrant by telephone, fax etc. Subdivision C—Offences relating to applying for warrants etc. 3ZZBH Offence for making false statement in application for delayed notification search warrant 3ZZBI Offence relating to delayed notification search warrant by telephone, fax etc. Subdivision D—Interaction with other provisions under which search warrants may be issued 3ZZBJ Issue of warrants under other provisions as well as or instead of delayed notification search warrants Division 3—Exercise of powers under delayed notification search warrants 3ZZCA What is authorised by a delayed notification search warrant 3ZZCB Specific powers available to person executing warrant 3ZZCC Extension of time to re‑enter premises left in emergency situation or to avoid discovery of law enforcement officer 3ZZCD Executing a warrant—assistance, use of force and related matters 3ZZCE Use of equipment to examine or process things 3ZZCF Use of electronic equipment at warrant premises 3ZZCG Use of moved electronic equipment at other place 3ZZCH Operating seized or moved electronic equipment 3ZZCI Compensation for damage to electronic equipment Division 4—Notice to occupiers 3ZZDA Warrant premises occupier's notice must be prepared and given 3ZZDB Adjoining premises occupier's notice must be prepared and given 3ZZDC Time for giving warrant premises occupier's notice or adjoining premises occupier's notice Division 5—Using, sharing and returning things seized Subdivision A—Using and sharing things seized 3ZZEA Purposes for which things may be used and shared Subdivision B—Returning things seized 3ZZEB When things seized must be returned 3ZZEC Eligible issuing officer may permit a thing seized to be retained, forfeited etc. Division 6—Reporting and record‑keeping 3ZZFA Reporting on delayed notification search warrants 3ZZFB Annual reports to Minister 3ZZFC Regular reports to Ombudsman 3ZZFD Keeping documents connected with delayed notification search warrants 3ZZFE Register of delayed notification search warrants Division 7—Inspections by Ombudsman 3ZZGA Appointment of inspecting officers 3ZZGB Inspection of records by the Ombudsman 3ZZGC Power to obtain relevant information 3ZZGD Offence 3ZZGE Ombudsman to be given information etc. despite other laws 3ZZGF Exchange of information between Ombudsman and State or Territory inspecting authorities 3ZZGG Ombudsman not to be sued 3ZZGH Report on inspection Division 8—Unauthorised disclosure of information 3ZZHA Unauthorised disclosure of information Division 9—Other matters 3ZZIA Delegation 3ZZIB Law relating to legal professional privilege not affected Part IAAB—Monitoring of compliance with Part 5.3 supervisory orders etc. Division 1—Introduction 3ZZJA Simplified outline of this Part 3ZZJB Definitions 3ZZJC Prescribed connection with premises 3ZZJD Privileges not abrogated 3ZZJE Application of Part Division 2—Powers of constables in relation to premises Subdivision A—Monitoring powers 3ZZKA Entering premises by consent or under a warrant 3ZZKB General monitoring powers 3ZZKC Operating electronic equipment 3ZZKD Securing electronic equipment to obtain expert assistance Subdivision B—Powers to ask questions and seek production of documents 3ZZKE Asking questions and seeking production of documents Subdivision C—Other powers 3ZZKF Other powers 3ZZKG Availability of assistance and use of force in executing a warrant Division 3—Powers of constables in relation to persons subject to Part 5.3 supervisory orders 3ZZLA Searching a person by consent or under a warrant 3ZZLB Monitoring powers 3ZZLC Seizure powers 3ZZLD Availability of assistance and use of force in executing a warrant Division 4—Obligations and incidental powers of constables 3ZZNA Consent of occupier of premises 3ZZNB Consent to search of a person 3ZZNC Announcement before entry under warrant 3ZZND Constable to be in possession of warrant 3ZZNE Details of warrant etc. to be given to occupier 3ZZNF Compensation for damage to electronic equipment 3ZZNG Occupier entitled to be present during search 3ZZNH Person subject to a Part 5.3 supervisory order is entitled to be present during search Division 5—Monitoring warrants 3ZZOA Monitoring warrant in relation to premises 3ZZOB Monitoring warrant in relation to a person 3ZZOC Restrictions on personal searches 3ZZOD Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc. Division 6—Monitoring warrants by telephone or other electronic means 3ZZPA Monitoring warrants by telephone or other electronic means 3ZZPB Offences relating to telephone warrants Division 7—Extension of periods in which things secured 3ZZQA Extension of periods in which things secured Division 8—Things seized, documents produced, and answers given, under this Part 3ZZRA Receipts for things seized under this Part 3ZZRB Using, sharing and returning things seized under this Part 3ZZRC Using, sharing and returning documents produced under section 3ZZKE 3ZZRD Answers to questions asked under section 3ZZKE Division 9—Powers of issuing officers 3ZZSA Powers of issuing officers Division 10—General 3ZZTA Conduct of ordinary searches and frisk searches 3ZZTB Protection of persons—control order declared to be void 3ZZTC Dealing with things, information or documents obtained under a monitoring warrant—control order declared to be void 3ZZTD Commissioner to keep documents connected with issue of monitoring warrants 3ZZTE Commissioner to notify Ombudsman in relation to monitoring warrants Division 11—Inspections by Ombudsman 3ZZUA Appointment of inspecting officers 3ZZUB Inspection of records by the Ombudsman 3ZZUC Power to obtain relevant information 3ZZUD Offence 3ZZUE Ombudsman to be given information etc. despite other laws 3ZZUF Exchange of information between Ombudsman and State or Territory inspecting authorities 3ZZUG Ombudsman not to be sued 3ZZUH Annual report Part IAABA—Monitoring of compliance with community safety supervision orders etc. 3ZZUHA Simplified outline of this Part 3ZZUHB Definitions 3ZZUHC Application of Part IAAB to community safety supervision orders Part IAAC—Account takeover warrants Division 1—Introduction 3ZZUJ Simplified outline of this Part 3ZZUK Definitions 3ZZUL When a person takes control of an online account 3ZZUM Appropriate authorising officer Division 2—Account takeover warrants 3ZZUMA Sunsetting 3ZZUN Application for account takeover warrant 3ZZUP Determining the application 3ZZUQ What must an account takeover warrant contain? 3ZZUR What an account takeover warrant authorises 3ZZUS Variation of account takeover warrant 3ZZUT Revocation of account takeover warrant 3ZZUU Discontinuance of execution of account takeover warrant 3ZZUV Restoration of online account 3ZZUW Relationship of this Division to parliamentary privileges and immunities Division 3—Emergency authorisations 3ZZUWA Sunsetting 3ZZUX Emergency authorisation—serious risks to person or property 3ZZUY Record of emergency authorisations to be made 3ZZUZ Attributes of emergency authorisations 3ZZVA Application for approval of emergency authorisation 3ZZVB Consideration of application 3ZZVC Magistrate may approve giving of an emergency authorisation 3ZZVD Admissibility of evidence 3ZZVE Restoration of online account 3ZZVF Relationship of this Division to parliamentary privileges and immunities Division 4—Assistance orders 3ZZVG Person with knowledge of an online account to provide assistance Division 5—Restrictions on use and disclosure of information 3ZZVH Unauthorised use or disclosure of protected information 3ZZVJ Dealing with records obtained under, or relating to, account takeover warrants etc. 3ZZVK Protection of account takeover technologies and methods Division 6—Reporting and record keeping 3ZZVL Chief officers' annual reports to the Minister and the Ombudsman 3ZZVM Chief officers' annual reports to the Minister 3ZZVN Keeping documents connected with account takeover warrants 3ZZVP Register of applications for account takeover warrants and emergency authorisations Division 7—Inspections 3ZZVQ Appointment of inspecting officers 3ZZVR Inspection of records by the Ombudsman 3ZZVS Power to obtain relevant information 3ZZVT Offence 3ZZVU Ombudsman to be given information and access despite other laws 3ZZVV Delegation by Ombudsman 3ZZVW Ombudsman not to be sued 3ZZVX Report on inspection Division 8—Miscellaneous 3ZZVY Minor defects in connection with account takeover warrant 3ZZVZ Evidentiary certificates 3ZZWA Compensation for property loss or serious damage Part IA—General 4AAA Commonwealth laws conferring non‑judicial functions and powers on officers 4AAB Arrangements for conferral of non‑judicial functions and powers 4A Meaning of certain words 4AA Penalty units 4AB Conversion of pecuniary penalties expressed in dollar amounts to penalty units 4B Pecuniary penalties—natural persons and bodies corporate 4C Offences under 2 or more laws 4D Penalties 4E Pecuniary penalties 4F Effect of alterations in penalties 4G Indictable offences 4H Summary offences 4J Certain indictable offences may be dealt with summarily 4JA Some indictable offences punishable by fine only may be dealt with summarily 4K Continuing and multiple offences 4L Specified defences not to preclude other defences 4M Children under 10 4N Children over 10 but under 14 6 Accessory after the fact 9 Seizure and condemnation of forfeitable goods 9A Forfeited articles to be dealt with by Official Trustee 9B Costs etc. payable to Official Trustee 13 Institution of proceedings in respect of offences 15 Remand of defendant 15AA Bail not to be granted in certain cases 15AAA Bail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences 15AB Matters to be considered in certain bail applications 15A Enforcement of fines etc. 15B Time for commencement of prosecutions 15C Form of indictments, information and summonses 15E Privilege of Parliament not affected 15F Civil rights not affected Part IAB—Controlled operations Division 1—Preliminary 15G Objects of Part 15GA Relationship to other laws and matters 15GB Concurrent operation of State and Territory laws 15GC Definitions 15GD Meaning of controlled operation and major controlled operation 15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect 15GF Meaning of authorising officer etc. 15GG ART Minister may nominate ART 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 Subdivision B—Variation of authorities by appropriate authorising officers 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 Subdivision C—Variations of authorities by nominated Tribunal member: extensions beyond 3 months 15GT Variation of formal authority to extend period of effect beyond 3 months 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 Division 3—Protection from criminal responsibility and related provisions Subdivision A—Controlled operations under this Part 15HA Protection from criminal responsibility for controlled conduct during controlled operations 15HB Indemnification of participants against civil liability 15HC Effect of sections 15HA and 15HB on other laws relating to criminal investigation 15HD Effect of being unaware of variation or cancellation of authority 15HE Protection from criminal responsibility for certain ancillary conduct 15HF Compensation for property loss or serious damage 15HG Notification requirements Subdivision B—Controlled operations under a corresponding State controlled operations law 15HH Protection from criminal responsibility for conduct under a corresponding State controlled operations law 15HI Effect of section 15HH on other laws relating to criminal investigation 15HJ Protection from criminal responsibility for certain ancillary conduct Division 4—Compliance and monitoring 15HK Unauthorised disclosure of information 15HM Chief officers' 6 monthly reports to Ombudsman and Minister 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 15HV Ombudsman to be given information and access despite other laws 15HW Exchange of information between Ombudsman and State inspecting authorities 15HX Delegation by Ombudsman 15HY Ombudsman not to be sued Division 5—Miscellaneous 15HZ Evidence of authorities 15J Secretary of Immigration and Border Protection Department to be notified of certain authorities Part IABA—Integrity testing Division 1—Introduction 15JA Integrity testing—simplified outline 15JB Integrity testing—concurrent operation of State and Territory laws 15JC Integrity testing—definitions 15JD Integrity testing—meaning of integrity testing operation Division 2—Integrity testing operations: authority 15JE Integrity testing authorities—circumstances in which applications may be made 15JF Integrity testing authorities—application 15JG Integrity testing authorities—grant 15JH Integrity testing authorities—form 15JI Integrity testing authorities—notice to National Anti‑Corruption Commissioner 15JJ Integrity testing authorities—duration 15JK Integrity testing authorities—variation 15JL Integrity testing authorities—cancellation 15JM Integrity testing authorities—defects Division 3—Integrity testing operations: protection of participants 15JN Integrity testing operations—authorised conduct 15JO Integrity testing operations—indemnity against civil liability 15JP Integrity testing operations—participants unaware of variation or cancellation of authority Division 4—Integrity testing operations: disclosure of information 15JQ Integrity testing operations—disclosure 15JR Integrity testing operations—disclosure endangering safety etc. Division 5—Integrity testing operations: reporting 15JS Integrity testing operations—annual reports Division 6—Integrity testing operations: evidence 15JT Evidence of integrity testing authorities Part IAC—Assumed Identities Division 1—Preliminary 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 15KH Effect of authority ceasing to be in force on 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 15KN Protection from criminal liability—officers of issuing agencies 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 15KU Effect of being unaware of variation or cancellation of authority 15KV Transfer of control of authorities 15KW Consequences of transfer of control of authorities Division 5—Mutual Recognition under Corresponding Laws 15KX Requests to a participating jurisdiction for evidence of assumed identity 15KY Requests from a participating jurisdiction for evidence of assumed identity 15KZ Directions from a participating jurisdiction to cancel evidence of assumed identity 15L Indemnity for issuing agencies and officers 15LA Application of this Part to authorities under corresponding laws 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 15LD Reports about authorities for assumed identities etc.—law enforcement agencies 15LE Reports about authorities for assumed identities etc.—intelligence agencies 15LF Record keeping 15LG Audit of records Division 7—General 15LH Delegation of chief officer's functions Part IACA—Witness identity protection for operatives Division 1—Preliminary 15M Definitions 15MA Meaning of criminal proceeding 15MB Meaning of civil proceeding 15MC When a charge is outstanding or pending Division 2—Witness Identity Protection Certificates for Operatives 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 15MR Permission to give information disclosing operative's identity etc. 15MS Disclosure offences 15MT Evidentiary certificates 15MU Reports about witness identity protection certificates Division 3—Mutual Recognition under Corresponding Laws 15MW Recognition of witness identity protection certificates under corresponding laws Division 4—General 15MX Delegation Part IAD—Protecting vulnerable persons Division 1—Introduction 15Y Proceedings to which this Part applies 15YA Definitions 15YAA Vulnerable adult complainants 15YAB Special witnesses 15YAC Child complainants 15YAD Child witnesses Division 2—Admissibility of evidence 15YB Evidence of sexual reputation—child proceedings 15YC Evidence of sexual experience—child proceedings 15YCA Evidence of sexual reputation—vulnerable adult proceedings 15YCB Evidence of sexual experience—vulnerable adult proceedings 15YD Leave under this Division Division 2A—Evidence recording hearings 15YDA Application 15YDB Evidence recording hearings 15YDC Arrangements for persons at the hearing 15YDD Evidence must be recorded 15YDE Admissibility of evidence 15YDF Access to recordings and transcripts 15YDG Vulnerable person need not give further evidence unless court orders 15YDH Division applies despite other rules of evidence Division 3—Cross‑examination 15YE Disallowing inappropriate or aggressive cross‑examination 15YF Unrepresented defendants—cross‑examination of child complainants 15YFA Unrepresented defendants—cross‑examination of vulnerable adult complainants 15YG Unrepresented defendants—cross‑examination of vulnerable persons 15YH Represented defendants—cross‑examination of vulnerable persons 15YHA Committal proceedings—cross‑examination of vulnerable persons Division 4—Special facilities for vulnerable persons 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 15YLA Recording of evidence given in person Division 5—Use of video or audio recordings of interviews 15YM Use of video or audio recordings of interviews 15YN Admissibility of evidence given using video or audio recordings of interviews Division 5A—Special rules for later trials 15YNA When this Division applies 15YNB Original evidence admissible in new proceeding 15YNC Vulnerable person not to be made to give further evidence 15YND Defendants' access to video or audio recordings 15YNE Warnings etc. not to be given about vulnerable persons' evidence 15YNF Division applies despite other rules of evidence Division 6—Miscellaneous 15YO Adults accompanying vulnerable persons 15YOA Right to interpreter 15YP Excluding people from the courtroom 15YQ Warnings etc. not to be given about vulnerable persons evidence 15YR Publication identifying another person as a child witness, child complainant, vulnerable adult complainant or special witness 15YS General powers of a court 15YT Other video link evidence provisions are unaffected Part IAE—Video link evidence in proceedings for terrorism and related offences etc. 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 Part IB—Sentencing, imprisonment and release of federal offenders Division 1—Interpretation 16 Interpretation 16AAAA Victim impact statements Division 2—General sentencing principles 16A Matters to which court to have regard when passing sentence etc.—federal offences 16AA Matters to which court to have regard when passing sentence etc.—Northern Territory offences 16AAA Minimum penalties for certain offences 16AAB Second or subsequent offence 16AAC Exclusions and reductions—minimum penalties 16AB Matters relating to victim impact statements 16AC Reduction for cooperation with law enforcement agencies 16B Court to have regard to other periods of imprisonment required to be served 16BA Taking other offences into account 16C Fines 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 19 Cumulative, partly cumulative or concurrent sentences 19A Detention of person in State or Territory prisons Division 4—The fixing of non‑parole periods and the making of recognizance release orders 19AB When court must fix non‑parole period 19AC When court must fix a recognizance release order 19AD Persons already subject to a non‑parole period 19AE Persons already subject to recognizance release order 19AF Non‑parole period or pre‑release periods not to exceed sentence 19AG Non‑parole periods for sentences for certain offences 19AH Failure to fix non‑parole period or make recognizance release order 19AHA Rectification of errors etc. in sentences, non‑parole periods and recognizance release orders 19AJ Court may only fix non‑parole periods or make recognizance release orders for federal sentences of imprisonment 19AK Possible deportation no impediment to fixing non‑parole period Division 5—Conditional release on parole or licence Subdivision A—Release on parole or licence 19AKA Purposes of parole 19AL Release on parole—making of parole order 19ALA Matters that may be considered in decisions about parole orders 19ALB Decisions about parole orders—terrorism and control orders 19AM Release on parole—when is a person released 19AMA Release on parole—parole period 19AN Parole order is subject to conditions 19AP Release on licence 19APA Amendment of parole orders and licences 19APB Effect of parole order and licence on sentence Subdivision B—Revocation of parole order or license 19AQ Parole order or licence revoked following further offence 19AR Fixing of non‑parole period etc. where parole or licence taken to be revoked under section 19AQ 19AS Court to issue warrant of detention where person required to serve balance of sentence 19AT What happens when later conviction is quashed? 19AU Attorney‑General may revoke parole order or licence 19AV Arrest of person whose parole order or licence revoked by Attorney‑General 19AW Where person on parole or licence notified of revocation 19AX Where person on parole or licence not notified of revocation 19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied 19AZ Evidence before prescribed authority 19AZA Disobedience of summons etc. 19AZB Can person be released on parole or licence if earlier parole order or licence revoked? Subdivision C—State and Territory laws providing for leave of absence, pre‑release etc. 19AZD State and Territory laws providing for leave of absence, pre‑release etc. to apply to federal offenders Subdivision D—Discharge without conviction, conditional release and sentencing alternatives 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 20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1) Division 6—Unfitness to be tried 20B Consequences of preliminary finding that person unfit to be tried 20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months 20BB Persons found by a court to be likely to be fit within 12 months 20BC Persons found by a court not to be likely to be fit within 12 months 20BD Review by Attorney‑General 20BE Attorney‑General may order release 20BF Release order may be revoked 20BG Attorney‑General to review detention of persons taken back into detention 20BH State or Territory mental health authorities to be notified of certain releases 20BI Appeals against some Victorian jury findings of unfitness to be tried 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 20BN Attorney‑General to review detention of persons taken back into detention 20BP State or Territory authorities to be notified of certain releases Division 8—Summary disposition of persons suffering from mental illness or intellectual disability 20BQ Person suffering from mental illness or intellectual disability 20BR Means by which court may be informed Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability 20BS Hospital orders 20BT Lesser periods of imprisonment fixed under hospital orders 20BU Discharge of hospital orders 20BV Psychiatric probation orders 20BW Breach of psychiatric probation orders 20BX Enforcement of psychiatric probation orders 20BY Program probation orders Division 9A—Sharing information relevant to federal offenders 20BZ Definitions 20BZA Authorised officers may request or require information relevant to federal offenders 20BZB Authorised officers may disclose federal offender information 20BZC Delegation Division 10—Miscellaneous 20C Offences by children and young persons 21B Reparation for offences 21D Prerogative of mercy and other Commonwealth laws unaffected 21F Prescribed authorities and parole officers 22 Conditions etc. that a court may impose on certain offenders 22A State orders relating to Australian travel documents Part IC—Investigation of Commonwealth offences Division 1—Introduction 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 23D Application may be made for extension of investigation period 23DA Magistrate may extend investigation period Subdivision B—Terrorism offences 23DB Period of investigation if arrested for a terrorism offence 23DC Time during which suspension or delay of questioning may be disregarded—application 23DD Time during which suspension or delay of questioning may be disregarded—time specified by magistrate 23DE Application may be made for extension of investigation period 23DF Magistrate may extend investigation period Subdivision C—Miscellaneous 23E Evidentiary provisions if application made by electronic means Division 3—Obligations of investigating officials 23F Cautioning persons who are under arrest or protected suspects 23G Right to communicate with friend, relative and legal practitioner 23H Aboriginal persons and Torres Strait Islanders 23K Persons under 18 23L Exceptions 23M Providing information relating to persons who are under arrest or protected suspects 23N Right to interpreter 23P Right of non‑Australian nationals to communicate with consular office 23Q Treatment of persons under arrest 23S Right to remain silent etc. not affected 23T Acts authorised under other laws 23U Tape recording of information required to be given to person under arrest 23V Tape recording of confessions and admissions 23W Proof of belief An Act relating to Offences against the Commonwealth Part I—Preliminary 1 Short title 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 sexual abuse offence means: (a) a Commonwealth child sex offence; or (b) an offence against section 273.5, 471.16, 471.17, 474.19 or 474.20 of the Criminal Code as in force at any time before the commencement of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019; or (c) an offence against Part IIIA of this Act as in force at any time before the commencement of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010; or (d) a State or Territory registrable child sex offence. 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 abuse material outside Australia); (iia) Division 273A (Possession of child‑like sex dolls etc.); (iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with 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 abuse material, sexual activity involving children and harm to 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. Commonwealth child sexual abuse offence means a Commonwealth child sex offence, other than an offence against subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11, 272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A, subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the Criminal Code. Commonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013. 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 of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979). confiscation proceedings has a meaning affected by subsection 16AC(5). constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory. controlled substance means: (a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code; or (b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code; or (c) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code. conveyance includes an aircraft, vehicle or vessel. criminal detention has the meaning given by section 45A. cultural heritage has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999, and includes sacred sites. cultural heritage object means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons. data includes: (a) information in any form; and (b) any program (or part of a program). data storage device means a thing containing, or designed to contain, data for use by a computer. de facto partner has the meaning given by the Acts Interpretation Act 1901. Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. dentist means a dental practitioner within the meaning of the Health Insurance Act 1973. Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police. federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1). Note: This subsection defines State to include the Northern Territory. federal court means the High Court or a court created by the Parliament, other than a court of a Territory. federal criminal detention has the meaning given by section 45A. federal judicial proceeding has the meaning given by section 31. Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967. Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. have in possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question. IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. illicit goods means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory. Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015. Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. integrity purpose means the purpose of preventing, detecting, investigating or dealing with any of the following: (a) misconduct (within the meaning of the Privacy Act 1988) of a serious nature by any of the following: (i) an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013) of a Commonwealth entity; (ii) a person employed by, or in the service of, a Privacy Act agency or a wholly‑owned Commonwealth company; (iii) a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency; (iv) an officer of a wholly‑owned Commonwealth company; (b) conduct that may have the purpose or effect of inducing misconduct described in paragraph (a); (c) fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity; (d) an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government). Note 1: An example of dealing with the matters described in paragraphs (a), (b), (c) and (d) is taking legal proceedings, disciplinary proceedings or other administrative action. Note 2: An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs. judicial proceeding has the meaning given by section 31 (other than in section 3L). judicial tribunal has the meaning given by section 31. law enforcement officer (except in Part IAAC) means any of the following: (a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); (b) a member of the police force of a State or Territory; (ba) a staff member of the NACC; (c) a member of the staff of the ACC; (d) an officer of Customs; (e) a member of a police force, or other law enforcement agency, of a foreign country. medical practitioner has the same meaning as in the Health Insurance Act 1973. member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. narcotic goods has the same meaning as in the Customs Act 1901. National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022. nurse means a registered nurse within the meaning of the Health Insurance Act 1973. officer of Customs has the meaning given by subsection 4(1) of the Customs Act 1901. Official Trustee means the Official Trustee in Bankruptcy. parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if: (a) the adult is legally entitled to, and has, custody of the person; or (b) the adult is legally responsible for the day‑to‑day care, welfare and development of the person and has the person in his or her care. participating State has the meaning given by subsection 3B(2). participating Territory has the meaning given by subsection 3B(2). personal information has the meaning given by section 6 of the Privacy Act 1988. person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. Privacy Act agency has the same meaning as agency has in the Privacy Act 1988. property includes money and every thing, animate or inanimate, capable of being the subject of ownership. public authority under the Commonwealth means any authority or body constituted by or under a law of the Commonwealth or of a Territory. quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December. relative has a meaning affected by subsection (3). senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979. sensitive information has the meaning given by section 6 of the Privacy Act 1988. staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022. State includes the Northern Territory. State offence means an offence against a law of a State or the Australian Capital Territory. State or Territory registrable child sex offence means an offence: (a) that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register (however described) of a State or Territory for committing; and (b) in respect of which: (i) a child was a victim or an intended victim; or (ii) the offending involved child abuse material. substantial adverse effect means an effect that is adverse and not insubstantial, insignificant or trivial. target entity means: (a) a Privacy Act agency; or (b) a wholly‑owned Commonwealth company. Note: A target entity is an APP entity as defined in section 6 of the Privacy Act 1988, because it is either an agency or an organisation for the purposes of that Act (as a wholly‑owned Commonwealth company is an organisation as defined in section 6C of that Act). Territory does not include the Northern Territory. terrorism offence means: (a) an offence against Subdivision A of Division 72 of the Criminal Code; or (aa) an offence against Subdivision B of Division 80 of the Criminal Code; or (b) an offence against Part 5.3 or 5.5 of the Criminal Code; or (ba) an offence against Subdivision HA of Division 474 of the Criminal Code; or (c) an offence against either of the following provisions of the Charter of the United Nations Act 1945: (i) Part 4 of that Act; (ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008. terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code. thing relevant to an indictable offence means: (a) either of the following: (i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed; (ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence. thing relevant to a summary offence means: (a) either of the following: (i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed; (ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence. Torres Strait Islander means a descendent of an indigenous inhabitant of the Torres Strait Islands. wholly‑owned Commonwealth company has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013. (2) In this Act, a reference to a fine includes a reference: (a) to a pecuniary penalty other than a pecuniary penalty imposed: (i) under Division 3 of Part XIII of the Customs Act 1901; or (ii) by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002; or (iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or (iii) by a superannuation order made under the Australian Federal Police Act 1979; or (iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or (b) to costs or other amounts ordered to be paid by offenders. (3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation): (a) a de facto partner of the person; (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section; (c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person. 3AA State offences that have a federal aspect Object (1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory. State offences that have a federal aspect (1) For the purposes of this Act, a State offence has a federal aspect if, and only if: (a) both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (b) both: (i) the State offence is an ancillary offence that relates to a particular primary offence; and (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or (d) both: (i) the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and (ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i). Specificity of acts or omissions (2) For the purposes of paragraph (1)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence). State offences covered by paragraph (1)(c) (3) A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence: (a) affects the interests of: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (iii) a constitutional corporation; or (b) was engaged in by a constitutional corporation; or (c) was engaged in in a Commonwealth place; or (d) involved the use of a postal service or other like service; or (e) involved an electronic communication; or (f) involved trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (g) involved: (i) banking (other than State banking not extending beyond the limits of the State concerned); or (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or (h) relates to a matter outside Australia; or (i) relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or (j) relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern. (4) Subsection (3) does not limit paragraph (1)(c). Definitions (5) In this section: ancillary offence, in relation to an offence (the primary offence), means: (a) an offence of conspiring to commit the primary offence; or (b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or (c) an offence of attempting to commit the primary offence. Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. conduct has the same meaning as in the Criminal Code. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. electronic communication means a communication of information: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms; by means of guided and/or unguided electromagnetic energy. engage in conduct has the same meaning as in the Criminal Code. State includes the Australian Capital Territory and the Northern Territory. State offence means an offence against a law of a State. Note: Subsection 3(1) defines State to include the Northern Territory. 3A Operation of Act This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories. 3B Arrangements with States, Australian Capital Territory and Northern Territory (1) The Governor‑General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory or the Administrator of the Northern Territory for: (a) officers of the State or Territory to exercise powers and perform functions; and (b) facilities and procedures of the State or Territory to be made available; in relation to the carrying out or enforcement under this Act of orders made under this Act or another Act. (2) In this Act: (a) a reference to a participating State is a reference to a State in relation to which an arrangement is in force under subsection (1) of this section; and (b) a reference to a participating Territory: (i) is a reference to a Territory other than the Australian Capital Territory or the Northern Territory; and (ii) if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory—includes a reference to the Australian Capital Territory; and (iii) if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory—includes a reference to the Northern Territory. (3) In this section: order includes a sentence. State does not include the Australian Capital Territory or the Northern Territory. 3BA Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part IAA—Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants) Division 1—Preliminary 3C Interpretation (1) In this Part, unless the contrary intention appears: account‑based data has the meaning given by section 3CAA. carrier means: (a) a carrier within the meaning of the Telecommunications Act 1997; or (b) a carriage service provider within the meaning of that Act. communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act). constable assisting, in relation to a warrant, means: (a) a person who is a constable and who is assisting in executing the warrant; or (b) a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant. data held in a computer includes: (a) data held in any removable data storage device for the time being held in a computer; or (b) data held in a data storage device on a computer network of which the computer forms a part. digital asset means: (a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by: (i) a type of distributed ledger technology; or (ii) another distributed cryptographically verifiable data structure; or (b) a right or thing prescribed by the regulations; but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part. electronic service has the same meaning as in the Online Safety Act 2021. emergency situation, in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person's life, health or safety that requir