Commonwealth: Criminal Code Act 1995 (Cth)

Criminal Code Act 1995 No. 12, 1995 Compilation No. 167 Compilation date: 8 February 2025 Includes amendments: Act No. 1, 2025 This compilation is in 2 volumes Volume 1: sections 1–5 Schedule (sections 1.1–261.3) Volume 2: Schedule (sections 268.1–490.7) Schedule (Dictionary) Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Criminal Code Act 1995 that shows the text of the law as amended and in force on 8 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1 Short title 2 Commencement 3 The Criminal Code 3A External Territories 3B Offshore installations 4 Definitions 5 Regulations Schedule—The Criminal Code Chapter 1—Codification Division 1 1.1 Codification Chapter 2—General principles of criminal responsibility Part 2.1—Purpose and application Division 2 2.1 Purpose 2.2 Application 2.3 Application of provisions relating to intoxication Part 2.2—The elements of an offence Division 3—General 3.1 Elements 3.2 Establishing guilt in respect of offences Division 4—Physical elements 4.1 Physical elements 4.2 Voluntariness 4.3 Omissions Division 5—Fault elements 5.1 Fault elements 5.2 Intention 5.3 Knowledge 5.4 Recklessness 5.5 Negligence 5.6 Offences that do not specify fault elements Division 6—Cases where fault elements are not required 6.1 Strict liability 6.2 Absolute liability Part 2.3—Circumstances in which there is no criminal responsibility Division 7—Circumstances involving lack of capacity 7.1 Children under 10 7.2 Children over 10 but under 14 7.3 Mental impairment Division 8—Intoxication 8.1 Definition—self‑induced intoxication 8.2 Intoxication (offences involving basic intent) 8.3 Intoxication (negligence as fault element) 8.4 Intoxication (relevance to defences) 8.5 Involuntary intoxication Division 9—Circumstances involving mistake or ignorance 9.1 Mistake or ignorance of fact (fault elements other than negligence) 9.2 Mistake of fact (strict liability) 9.3 Mistake or ignorance of statute law 9.4 Mistake or ignorance of subordinate legislation 9.5 Claim of right Division 10—Circumstances involving external factors 10.1 Intervening conduct or event 10.2 Duress 10.3 Sudden or extraordinary emergency 10.4 Self‑defence 10.5 Lawful authority Part 2.4—Extensions of criminal responsibility Division 11 11.1 Attempt 11.2 Complicity and common purpose 11.2A Joint commission 11.3 Commission by proxy 11.4 Incitement 11.5 Conspiracy 11.6 References in Acts to offences Part 2.5—Corporate criminal responsibility Division 12 12.1 General principles 12.2 Physical elements 12.3 Fault elements other than negligence 12.4 Negligence 12.5 Mistake of fact (strict liability) 12.6 Intervening conduct or event Part 2.6—Proof of criminal responsibility Division 13 13.1 Legal burden of proof—prosecution 13.2 Standard of proof—prosecution 13.3 Evidential burden of proof—defence 13.4 Legal burden of proof—defence 13.5 Standard of proof—defence 13.6 Use of averments Part 2.7—Geographical jurisdiction Division 14—Standard geographical jurisdiction 14.1 Standard geographical jurisdiction Division 15—Extended geographical jurisdiction 15.1 Extended geographical jurisdiction—category A 15.2 Extended geographical jurisdiction—category B 15.3 Extended geographical jurisdiction—category C 15.4 Extended geographical jurisdiction—category D Division 16—Miscellaneous 16.1 Attorney‑General's consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances 16.2 When conduct taken to occur partly in Australia 16.3 Meaning of Australia 16.4 Result of conduct Chapter 4—The integrity and security of the international community and foreign governments Division 70—Bribery of foreign public officials Subdivision A—Definitions 70.1 Definitions Subdivision B—Bribery of foreign public officials 70.2 Bribing a foreign public official 70.2A Improper influence 70.3 Defence—conduct lawful in foreign public official's country 70.4 Defence—facilitation payments 70.5 Territorial and nationality requirements Subdivision C—Failure to prevent bribery of foreign public officials 70.5A Failing to prevent bribery of a foreign public official 70.5B Guidance on preventing bribery of foreign public officials Subdivision D—Miscellaneous 70.5C Meaning of annual turnover 70.5D Related bodies corporate 70.6 Saving of other laws Division 71—Offences against United Nations and associated personnel 71.1 Purpose 71.2 Murder of a UN or associated person 71.3 Manslaughter of a UN or associated person 71.4 Intentionally causing serious harm to a UN or associated person 71.5 Recklessly causing serious harm to a UN or associated person 71.6 Intentionally causing harm to a UN or associated person 71.7 Recklessly causing harm to a UN or associated person 71.8 Unlawful sexual penetration 71.9 Kidnapping a UN or associated person 71.10 Unlawful detention of UN or associated person 71.11 Intentionally causing damage to UN or associated person's property etc. 71.12 Threatening to commit other offences 71.13 Aggravated offences 71.14 Defence—activities involving serious harm 71.15 Defence—medical or hygienic procedures 71.16 Jurisdictional requirement 71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences 71.18 Double jeopardy 71.19 Saving of other laws 71.20 Bringing proceedings under this Division 71.21 Ministerial certificates relating to proceedings 71.22 Jurisdiction of State courts preserved 71.23 Definitions Division 72—Explosives and lethal devices Subdivision A—International terrorist activities using explosive or lethal devices 72.1 Purpose 72.2 ADF members not liable for prosecution 72.3 Offences 72.4 Jurisdictional requirement 72.5 Saving of other laws 72.6 Double jeopardy and foreign offences 72.7 Bringing proceedings under this Subdivision 72.8 Ministerial certificates relating to proceedings 72.9 Jurisdiction of State courts preserved 72.10 Definitions Subdivision B—Plastic explosives 72.11 Purpose 72.12 Trafficking in unmarked plastic explosives etc. 72.13 Importing or exporting unmarked plastic explosives etc. 72.14 Manufacturing unmarked plastic explosives etc. 72.15 Possessing unmarked plastic explosives etc. 72.16 Defences 72.17 Packaging requirements for plastic explosives 72.18 Authorisation for research etc. 72.19 Authorisation for defence and police purposes—15 year limit 72.22 Authorisation for overseas defence purposes—7 day limit 72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit 72.24 Forfeited plastic explosives 72.25 Surrendered plastic explosives 72.26 Destruction of plastic explosives obtained overseas for defence purposes 72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes 72.28 Delegation by AFP Minister 72.29 Delegation by Minister for Defence 72.30 Review by Administrative Review Tribunal of authorisation decisions 72.31 Geographical jurisdiction 72.32 Saving of other laws 72.33 Marking requirements 72.34 Detection agents and minimum manufacture concentrations 72.35 Presumption as to concentration of detection agent 72.36 Definitions Subdivision C—Cluster munitions and explosive bomblets 72.37 Purpose 72.38 Offences relating to cluster munitions 72.39 Defence—acquisition or retention authorised by Defence Minister 72.40 Defence—transfer for destruction etc. 72.41 Defence—acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions 72.42 Defence—acts by military personnel of countries not party to Convention on Cluster Munitions 72.43 Forfeiture of cluster munition 72.44 Application of this Subdivision to explosive bomblets 72.45 Definitions Division 73—People smuggling and related offences Subdivision A—People smuggling offences 73.1 Offence of people smuggling 73.2 Aggravated offence of people smuggling (danger of death or serious harm etc.) 73.3 Aggravated offence of people smuggling (at least 5 people) 73.3A Supporting the offence of people smuggling 73.4 Jurisdictional requirement 73.5 Attorney‑General's consent required Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries 73.6 Meaning of travel or identity document 73.7 Meaning of false travel or identity document 73.8 Making, providing or possessing a false travel or identity document 73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats 73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user 73.11 Taking possession of or destroying another person's travel or identity document 73.12 Jurisdictional requirement Chapter 5—The security of the Commonwealth Part 5.1—Treason and related offences Division 80—Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute Subdivision A—Preliminary 80.1A Definitions 80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979 Subdivision B—Treason 80.1 Treason 80.1AA Treason—assisting enemy to engage in armed conflict 80.1AB Proclamation of enemy engaged in armed conflict 80.1AC Treachery Subdivision C—Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide 80.2 Urging violence against the Constitution etc. 80.2A Advocating force or violence against groups 80.2B Advocating force or violence against members of groups or close associates 80.2BA Threatening force or violence against groups 80.2BB Threatening force or violence against members of groups or close associates 80.2BC Advocating damage to or destruction of real property or motor vehicle 80.2BD Threatening damage to or destruction of real property or motor vehicle 80.2BE Advocating force or violence through causing damage to property 80.2C Advocating terrorism 80.2D Advocating genocide Subdivision CA—Publicly displaying, and trading in, prohibited symbols and giving Nazi salute 80.2E Prohibited symbols 80.2F Meaning of displayed in a public place 80.2FA Meaning of makes a gesture in a public place 80.2G Meaning of trades 80.2H Public display of prohibited Nazi symbols or giving Nazi salute 80.2HA Public display of prohibited terrorist organisation symbols 80.2J Trading in prohibited Nazi symbols 80.2JA Trading in prohibited terrorist organisation symbols 80.2K Directions to cease display of prohibited symbols in public 80.2L Directions to cease display of prohibited symbols in public—person to whom, and form in which, direction may be given 80.2M Directions to cease display of prohibited symbols in public—offence Subdivision D—Common provisions 80.3 Defence for acts done in good faith 80.4 Extended geographical jurisdiction for offences 80.6 Division not intended to exclude State or Territory law Division 82—Sabotage Subdivision A—Preliminary 82.1 Definitions 82.2 Public infrastructure 82.2A Expressions also used in the Australian Security Intelligence Organisation Act 1979 Subdivision B—Offences 82.3 Offence of sabotage involving foreign principal with intention as to national security 82.4 Offence of sabotage involving foreign principal reckless as to national security 82.5 Offence of sabotage with intention as to national security 82.6 Offence of sabotage reckless as to national security 82.7 Offence of introducing vulnerability with intention as to national security 82.8 Offence of introducing vulnerability reckless as to national security 82.9 Preparing for or planning sabotage offence 82.10 Defences 82.11 Geographical jurisdiction 82.12 Alternative verdicts 82.13 Consent of Attorney‑General required for prosecutions Division 83—Other threats to security 83.1A Expressions also used in the Australian Security Intelligence Organisation Act 1979 83.1 Advocating mutiny 83.2 Assisting prisoners of war to escape 83.3 Military‑style training involving foreign government principal etc. 83.4 Interference with political rights and duties 83.5 Consent of Attorney‑General required for prosecutions Part 5.2—Espionage and related offences Division 90—Preliminary 90.1 Definitions 90.2 Definition of foreign principal 90.3 Definition of foreign government principal 90.4 Definition of national security 90.5 Definition of security classification 90.6 Expressions also used in the Australian Security Intelligence Organisation Act 1979 Division 91—Espionage Subdivision A—Espionage 91.1 Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal 91.2 Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal 91.3 Espionage—security classified information etc. 91.4 Defences 91.5 Matters affecting sentencing for offence against subsection 91.1(1) 91.6 Aggravated espionage offence 91.7 Geographical jurisdiction Subdivision B—Espionage on behalf of foreign principal 91.8 Espionage on behalf of foreign principal 91.9 Defences 91.10 Geographical jurisdiction Subdivision C—Espionage‑related offences 91.11 Offence of soliciting or procuring an espionage offence or making it easier to do so 91.12 Offence of preparing for an espionage offence 91.13 Defences 91.14 Geographical jurisdiction Division 92—Foreign interference Subdivision A—Preliminary 92.1 Definitions Subdivision B—Foreign interference 92.2 Offence of intentional foreign interference 92.3 Offence of reckless foreign interference 92.4 Offence of preparing for a foreign interference offence 92.5 Defence 92.6 Geographical jurisdiction Subdivision C—Foreign interference involving foreign intelligence agencies 92.7 Knowingly supporting foreign intelligence agency 92.8 Recklessly supporting foreign intelligence agency 92.9 Knowingly funding or being funded by foreign intelligence agency 92.10 Recklessly funding or being funded by foreign intelligence agency 92.11 Defence Division 92A—Theft of trade secrets involving foreign government principal 92A.1 Theft of trade secrets involving foreign government principal 92A.2 Geographical jurisdiction Division 93—Prosecutions and hearings 93.1 Consent of Attorney‑General required for prosecutions 93.2 Hearing in camera etc. 93.4 Fault elements for attempted espionage offences 93.5 Alternative verdicts Division 94—Forfeiture 94.1 Forfeiture of articles etc. Part 5.3—Terrorism Division 100—Preliminary 100.1 Definitions 100.2 Referring States 100.3 Constitutional basis for the operation of this Part 100.4 Application of provisions 100.5 Application of Acts Interpretation Act 1901 100.6 Concurrent operation intended 100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws 100.8 Approval for changes to or affecting this Part Division 101—Terrorism 101.1 Terrorist acts 101.2 Providing or receiving training connected with terrorist acts 101.4 Possessing things connected with terrorist acts 101.5 Collecting or making documents likely to facilitate terrorist acts 101.6 Other acts done in preparation for, or planning, terrorist acts Division 102—Terrorist organisations Subdivision A—Definitions 102.1 Definitions 102.1AA Including or removing names of prescribed terrorist organisations 102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security Subdivision B—Offences 102.2 Directing the activities of a terrorist organisation 102.3 Membership of a terrorist organisation 102.4 Recruiting for a terrorist organisation 102.5 Training involving a terrorist organisation 102.6 Getting funds to, from or for a terrorist organisation 102.7 Providing support to a terrorist organisation 102.8 Associating with terrorist organisations Subdivision C—General provisions relating to offences 102.9 Extended geographical jurisdiction for offences 102.10 Alternative verdicts Division 103—Financing terrorism 103.1 Financing terrorism 103.2 Financing a terrorist 103.3 Extended geographical jurisdiction for offences Division 104—Control orders Subdivision A—Objects of this Division 104.1 Objects of this Division Subdivision B—Making an interim control order 104.2 AFP Minister's consent to request an interim control order 104.3 Requesting the court to make an interim control order 104.4 Making an interim control order 104.5 Terms of an interim control order 104.5A Conditions of an interim control order 104.5B Conditions where exemptions may be granted 104.5C Treatment of photographs and impressions of fingerprints 104.5D Obligations relating to monitoring devices Subdivision C—Making an urgent interim control order 104.6 Requesting an urgent interim control order by electronic means 104.7 Making an urgent interim control order by electronic means 104.8 Requesting an urgent interim control order in person 104.9 Making an urgent interim control order in person 104.10 Obtaining the AFP Minister's consent within 8 hours 104.11 Court to assume that exercise of power not authorised by urgent interim control order Subdivision D—Confirming an interim control order 104.12 Service, explanation and notification of an interim control order 104.12A Election to confirm control order 104.13 Lawyer may request a copy of an interim control order 104.14 Confirming an interim control order 104.15 Effect of confirmation process on interim control orders 104.16 Terms of a confirmed control order 104.17 Service of a declaration, or a revocation, variation or confirmation of a control order 104.17A Cessation of a control order if post‑sentence order made Subdivision E—Rights in respect of a control order 104.18 Application by the person for a revocation or variation of a control order 104.19 Application by the AFP Commissioner for a revocation or variation of a control order 104.20 Revocation or variation of a control order on application by the person or the AFP Commissioner 104.21 Lawyer may request a copy of a control order Subdivision EA—Varying a control order by consent 104.22 Varying control order by consent Subdivision F—Adding conditions to a control order 104.23 Application by the AFP Commissioner for addition of conditions 104.24 Varying a control order 104.25 Terms of a varied control order 104.26 Service and explanation of a varied control order Subdivision G—Offences relating to control orders 104.27 Offence for contravening a control order 104.27A Offence relating to monitoring devices Subdivision H—Special rules for young people (14 to 17) 104.28 Special rules for young people Subdivision I—Miscellaneous 104.28A Interlocutory proceedings 104.28AA Costs in control order proceedings 104.28B Giving documents to persons detained in custody 104.28C Sharing information relating to electronic monitoring 104.28D Arrangements for electronic monitoring and other functions and powers 104.29 Reporting requirements 104.30 Requirement to notify AFP Minister of declarations, revocations or variations 104.31 Queensland public interest monitor functions and powers not affected 104.32 Sunset provision Division 105—Preventative detention orders Subdivision A—Preliminary 105.1 Object 105.2 Issuing authorities for continued preventative detention orders 105.3 Police officer detaining person under a preventative detention order Subdivision B—Preventative detention orders 105.4 Basis for applying for, and making, preventative detention orders 105.5 No preventative detention order in relation to person under 16 years of age 105.5A Special assistance for person with inadequate knowledge of English language or disability 105.6 Restrictions on multiple preventative detention orders 105.7 Application for initial preventative detention order 105.8 Senior AFP member may make initial preventative detention order 105.9 Duration of initial preventative detention order 105.10 Extension of initial preventative detention order 105.10A Notice of application for continued preventative detention order 105.11 Application for continued preventative detention order 105.12 Judge or retired judge may make continued preventative detention order 105.13 Duration of continued preventative detention order 105.14 Extension of continued preventative detention order 105.14A Basis for applying for, and making, prohibited contact order 105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought) 105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force) 105.17 Revocation of preventative detention order or prohibited contact order 105.18 Status of person making continued preventative detention order Subdivision C—Carrying out preventative detention orders 105.19 Power to detain person under preventative detention order 105.20 Endorsement of order with date and time person taken into custody 105.21 Requirement to provide name etc. 105.22 Power to enter premises 105.23 Power to conduct a frisk search 105.24 Power to conduct an ordinary search 105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 105.26 Release of person from preventative detention 105.27 Arrangement for detainee to be held in State or Territory prison or remand centre Subdivision D—Informing person detained about preventative detention order 105.28 Effect of initial preventative detention order to be explained to person detained 105.29 Effect of continued preventative detention order to be explained to person detained 105.30 Person being detained to be informed of extension of preventative detention order 105.31 Compliance with obligations to inform 105.32 Copy of preventative detention order Subdivision E—Treatment of person detained 105.33 Humane treatment of person being detained 105.33A Detention of persons under 18 105.34 Restriction on contact with other people 105.35 Contacting family members etc. 105.36 Contacting Ombudsman etc. 105.37 Contacting lawyer 105.38 Monitoring contact under section 105.35 or 105.37 105.39 Special contact rules for person under 18 or incapable of managing own affairs 105.40 Entitlement to contact subject to prohibited contact order 105.41 Disclosure offences 105.42 Questioning of person prohibited while person is detained 105.43 Taking fingerprints, recordings, samples of handwriting or photographs 105.44 Use of identification material 105.45 Offences of contravening safeguards Subdivision F—Miscellaneous 105.46 Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2) 105.47 Annual report 105.48 Certain functions and powers not affected 105.49 Queensland public interest monitor functions and powers not affected 105.50 Law relating to legal professional privilege not affected 105.51 Legal proceedings in relation to preventative detention orders 105.52 Review by State and Territory courts 105.53 Sunset provision Division 105A—Post‑sentence orders Subdivision A—Object and definitions 105A.1 Object 105A.2 Definitions 105A.2A Persons who have escaped from custody Subdivision B—Post‑sentence orders 105A.3 Who a post‑sentence order may apply to and effect of post‑sentence orders 105A.3A Preconditions for post‑sentence orders 105A.4 Treatment of a terrorist offender in a prison under a continuing detention order Subdivision C—Making post‑sentence orders 105A.5 Applying for a post‑sentence order 105A.6 Appointment of and assessment by relevant expert 105A.6A Determining an application for a post‑sentence order 105A.6B Matters a Court must have regard to in making a post‑sentence order 105A.7 Making a continuing detention order 105A.7A Making an extended supervision order 105A.7B Conditions of extended supervision orders and interim supervision orders 105A.7C Conditions where exemptions may be granted 105A.7D Treatment of photographs and impressions of fingerprints 105A.7E Obligations relating to monitoring devices 105A.7F Copy of an extended supervision order etc. must be given to terrorist offender's lawyer Subdivision CA—Making interim post‑sentence orders 105A.9 Interim detention orders 105A.9A Interim supervision orders Subdivision CB—Varying an extended supervision order or interim supervision order 105A.9B Application for variations of extended supervision orders and interim supervision orders 105A.9C Varying an extended supervision order or interim supervision order (other than by consent) 105A.9D Varying extended supervision order or interim supervision order by consent 105A.9E Terms of a varied extended supervision order or interim supervision order Subdivision D—Review of post‑sentence order 105A.10 Periodic review of post‑sentence order 105A.11 Review of post‑sentence order on application 105A.12 Process for reviewing a post‑sentence order 105A.12A Varying post‑sentence orders after review Subdivision E—Provisions relating to post‑sentence order proceedings 105A.13 Civil evidence and procedure rules in relation to post‑sentence order proceedings 105A.14 Adducing evidence and making submissions 105A.14A Giving copies of applications etc. to terrorist offenders 105A.14B Information excluded from application or material—national security information 105A.14C Information excluded from application or material—public interest immunity 105A.14D Information excluded from application and material—terrorism material 105A.15 Giving documents to terrorist offenders who are in custody 105A.15A When a terrorist offender is unable to engage a legal representative 105A.16 Reasons for decisions 105A.17 Right of appeal 105A.18 Consequences of sentences ending or orders ceasing to be in force 105A.18AA Persons in non‑prison custody taken to be in the community Subdivision EA—Offences relating to extended supervision orders and interim supervision orders 105A.18A Offence for contravening an extended supervision order or an interim supervision order 105A.18B Offence relating to monitoring devices Subdivision F—Miscellaneous 105A.18C Effect of prison detention on post‑sentence order 105A.18D AFP Minister may direct terrorist offenders to be assessed 105A.19 Sharing information 105A.19A Sharing information relating to supervision orders 105A.20 Delegation by the AFP Minister 105A.21 Arrangement with States and Territories 105A.21A Arrangements by Australian Federal Police Commissioner for functions and powers relating to supervision orders 105A.22 Annual report 105A.23 Warning about post‑sentence orders when sentencing for certain offences 105A.24 Effect of continuing detention orders on bail or parole laws 105A.25 Sunset provision Division 106—Transitional provisions 106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation 106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation 106.3 Application provision 106.4 Saving—Judges of the Federal Circuit Court 106.5 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014 106.6 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014 106.7 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016 106.8 Application provision for amendments in the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 106.9 Application—Counter‑Terrorism Legislation Amendment Act (No. 1) 2018 106.10 Application—Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 106.11 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 106.12 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 106.13 Application and transitional—Counter‑Terrorism and Other Legislation Amendment Act 2023 Part 5.4—Harming Australians Division 115—Harming Australians 115.1 Murder of an Australian citizen or a resident of Australia 115.2 Manslaughter of an Australian citizen or a resident of Australia 115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia 115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia 115.5 Saving of other laws 115.6 Bringing proceedings under this Division 115.7 Ministerial certificates relating to proceedings 115.8 Geographical jurisdiction 115.9 Meaning of causes death or harm Part 5.5—Foreign incursions and recruitment Division 117—Preliminary 117.1 Definitions 117.2 Extended geographical jurisdiction—category D Division 119—Foreign incursions and recruitment 119.1 Incursions into foreign countries with the intention of engaging in hostile activities 119.2 Entering, or remaining in, declared areas 119.3 Declaration of areas for the purposes of section 119.2 119.4 Preparations for incursions into foreign countries for purpose of engaging in hostile activities 119.5 Allowing use of buildings, vessels and aircraft to commit offences 119.6 Recruiting persons to join organisations engaged in hostile activities against foreign governments 119.7 Recruiting persons to serve in or with an armed force in a foreign country 119.8 Declaration in relation to specified armed forces 119.9 Exception—conduct for defence or international relations of Australia 119.10 Mode of trial 119.11 Consent of Attorney‑General required for prosecutions 119.12 Declarations for the purposes of proceedings Part 5.6—Secrecy of information Division 121—Preliminary 121.1 Definitions 121.2 Definition of proper place of custody Division 122—Secrecy of information 122.1 Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc. 122.2 Conduct by current and former Commonwealth officers etc. causing harm to Australia's interests 122.3 Aggravated offence 122.4 Unauthorised disclosure of information by current and former Commonwealth officers etc. 122.4A Communicating and dealing with information by non‑Commonwealth officers etc. 122.5 Defences Division 123—Miscellaneous 123.1 Injunctions 123.2 Forfeiture of articles etc. 123.3 Extended geographical jurisdiction—category D 123.4 Effect of this Part on other rights, privileges, immunities or defences 123.5 Requirements before proceedings can be initiated Chapter 7—The proper administration of Government Part 7.1—Preliminary Division 130—Preliminary 130.1 Definitions 130.2 When property belongs to a person 130.3 Dishonesty 130.4 Determination of dishonesty to be a matter for the trier of fact Part 7.2—Theft and other property offences Division 131—Theft 131.1 Theft 131.2 Special rules about the meaning of dishonesty 131.3 Appropriation of property 131.4 Theft of land or things forming part of land 131.5 Trust property 131.6 Obligation to deal with property in a particular way 131.7 Property obtained because of fundamental mistake 131.8 Property of a corporation sole 131.9 Property belonging to 2 or more persons 131.10 Intention of permanently depriving a person of property 131.11 General deficiency Division 132—Other property offences 132.1 Receiving 132.2 Robbery 132.3 Aggravated robbery 132.4 Burglary 132.5 Aggravated burglary 132.6 Making off without payment 132.7 Going equipped for theft or a property offence 132.8 Dishonest taking or retention of property 132.8A Damaging Commonwealth property 132.9 Geographical jurisdiction Part 7.3—Fraudulent conduct Division 133—Preliminary 133.1 Definitions Division 134—Obtaining property or a financial advantage by deception 134.1 Obtaining property by deception 134.2 Obtaining a financial advantage by deception 134.3 Geographical jurisdiction Division 135—Other offences involving fraudulent conduct 135.1 General dishonesty 135.2 Obtaining financial advantage 135.4 Conspiracy to defraud 135.5 Geographical jurisdiction Part 7.4—False or misleading statements Division 136—False or misleading statements in applications 136.1 False or misleading statements in applications Division 137—False or misleading information or documents 137.1 False or misleading information 137.1A Aggravated offence for giving false or misleading information 137.2 False or misleading documents 137.3 Geographical jurisdiction Part 7.5—Unwarranted demands Division 138—Preliminary 138.1 Unwarranted demand with menaces 138.2 Menaces Division 139—Unwarranted demands 139.1 Unwarranted demands of a Commonwealth public official 139.2 Unwarranted demands made by a Commonwealth public official 139.3 Geographical jurisdiction Part 7.6—Bribery and related offences Division 140—Preliminary 140.1 Definition 140.2 Obtaining Division 141—Bribery 141.1 Bribery of a Commonwealth public official Division 142—Offences relating to bribery 142.1 Corrupting benefits given to, or received by, a Commonwealth public official 142.2 Abuse of public office 142.3 Geographical jurisdiction Part 7.7—Forgery and related offences Division 143—Preliminary 143.1 Definitions 143.2 False documents 143.3 False Commonwealth documents 143.4 Inducing acceptance of false documents Division 144—Forgery 144.1 Forgery Division 145—Offences relating to forgery 145.1 Using forged document 145.2 Possession of forged document 145.3 Possession, making or adaptation of devices etc. for making forgeries 145.4 Falsification of documents etc. 145.5 Giving information derived from false or misleading documents 145.6 Geographical jurisdiction Part 7.8—Causing harm to or obstructing Commonwealth public officials and impersonating Commonwealth public officials or bodies Division 146—Preliminary 146.1 Definitions 146.2 Causing harm Division 147—Causing harm to Commonwealth public officials 147.1 Causing harm to a Commonwealth public official etc. 147.2 Threatening to cause harm to a Commonwealth public official etc. 147.3 Geographical jurisdiction Division 148—Impersonation of Commonwealth public officials 148.1 Impersonation of an official by a non‑official 148.2 Impersonation of an official by another official 148.3 Geographical jurisdiction Division 149—Obstruction of Commonwealth public officials 149.1 Obstruction of Commonwealth public officials Division 150—False representations in relation to a Commonwealth body Subdivision A—Offences 150.1 False representations in relation to a Commonwealth body Subdivision B—Injunctions 150.5 Injunctions Part 7.20—Miscellaneous Division 261—Miscellaneous 261.1 Saving of other laws 261.2 Contempt of court 261.3 Ancillary offences An Act relating to the criminal law 1 Short title This Act may be cited as the Criminal Code Act 1995. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 5 years beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 3 The Criminal Code (1) The Schedule has effect as a law of the Commonwealth. (2) The Schedule may be cited as the Criminal Code. 3A External Territories The Criminal Code extends to every external Territory. 3B Offshore installations Unless the contrary intention appears, an installation (within the meaning of the Customs Act 1901) that is deemed by section 5C of the Customs Act 1901 to be part of Australia is also taken to be part of Australia for the purposes of the Criminal Code. 4 Definitions (1) Expressions used in the Code (or in a particular provision of the Code) that are defined in the Dictionary at the end of the Code have the meanings given to them in the Dictionary. (2) Definitions in the Code of expressions used in the Code apply to its construction except insofar as the context or subject matter otherwise indicates or requires. 5 Regulations (1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of the following provisions of the Criminal Code: (a) Division 71 (offences against United Nations and associated personnel); (b) Division 72 (explosives and lethal devices); (c) Division 73 (people smuggling and related offences); (d) Part 5.1 (treason and related offences); (e) Part 5.2 (espionage and related offences); (f) Part 5.3 (terrorism), other than Division 100 (preliminary provisions); (g) Part 5.4 (harming Australians); (h) Part 5.5 (foreign incursions and recruitment); (i) Division 270 (slavery and slavery‑like conditions); (j) Division 271 (trafficking in persons and debt bondage); (k) Division 272 (child sex offences outside Australia); (l) Division 273 (offences involving child abuse material outside Australia); (la) Division 273A (possession of child‑like sex dolls etc.); (lb) Division 273B (protection of children); (m) Chapter 9 (dangers to the community); (n) Chapter 10 (national infrastructure). (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003. Schedule—The Criminal Code Section 3 Chapter 1—Codification Division 1 1.1 Codification The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act. Note: Under subsection 38(1) of the Acts Interpretation Act 1901, Act means an Act passed by the Parliament of the Commonwealth. Chapter 2—General principles of criminal responsibility Part 2.1—Purpose and application Division 2 2.1 Purpose The purpose of this Chapter is to codify the general principles of criminal responsibility under laws of the Commonwealth. It contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created. 2.2 Application (1) This Chapter applies to all offences against this Code. (2) Subject to section 2.3, this Chapter applies on and after 15 December 2001 to all other offences. (3) Section 11.6 applies to all offences. 2.3 Application of provisions relating to intoxication Subsections 4.2(6) and (7) and Division 8 apply to all offences. For the purpose of interpreting those provisions in connection with an offence, the other provisions of this Chapter may be considered, whether or not those other provisions apply to the offence concerned. Part 2.2—The elements of an offence Division 3—General 3.1 Elements (1) An offence consists of physical elements and fault elements. (2) However, the law that creates the offence may provide that there is no fault element for one or more physical elements. (3) The law that creates the offence may provide different fault elements for different physical elements. 3.2 Establishing guilt in respect of offences In order for a person to be found guilty of committing an offence the following must be proved: (a) the existence of such physical elements as are, under the law creating the offence, relevant to establishing guilt; (b) in respect of each such physical element for which a fault element is required, one of the fault elements for the physical element. Note 1: See Part 2.6 on proof of criminal responsibility. Note 2: See Part 2.7 on geographical jurisdiction. Division 4—Physical elements 4.1 Physical elements (1) A physical element of an offence may be: (a) conduct; or (b) a result of conduct; or (c) a circumstance in which conduct, or a result of conduct, occurs. (2) In this Code: conduct means an act, an omission to perform an act or a state of affairs. engage in conduct means: (a) do an act; or (b) omit to perform an act. 4.2 Voluntariness (1) Conduct can only be a physical element if it is voluntary. (2) Conduct is only voluntary if it is a product of the will of the person whose conduct it is. (3) The following are examples of conduct that is not voluntary: (a) a spasm, convulsion or other unwilled bodily movement; (b) an act performed during sleep or unconsciousness; (c) an act performed during impaired consciousness depriving the person of the will to act. (4) An omission to perform an act is only voluntary if the act omitted is one which the person is capable of performing. (5) If the conduct constituting an offence consists only of a state of affairs, the state of affairs is only voluntary if it is one over which the person is capable of exercising control. (6) Evidence of self‑induced intoxication cannot be considered in determining whether conduct is voluntary. (7) Intoxication is self‑induced unless it came about: (a) involuntarily; or (b) as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force. 4.3 Omissions An omission to perform an act can only be a physical element if: (a) the law creating the offence makes it so; or (b) the law creating the offence impliedly provides that the offence is committed by an omission to perform an act that there is a duty to perform by a law of the Commonwealth, a State or a Territory, or at common law. Division 5—Fault elements 5.1 Fault elements (1) A fault element for a particular physical element may be intention, knowledge, recklessness or negligence. (2) Subsection (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence. 5.2 Intention (1) A person has intention with respect to conduct if he or she means to engage in that conduct. (2) A person has intention with respect to a circumstance if he or she believes that it exists or will exist. (3) A person has intention with respect to a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events. 5.3 Knowledge A person has knowledge of a circumstance or a result if he or she is aware that it exists or will exist in the ordinary course of events. 5.4 Recklessness (1) A person is reckless with respect to a circumstance if: (a) he or she is aware of a substantial risk that the circumstance exists or will exist; and (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk. (2) A person is reckless with respect to a result if: (a) he or she is aware of a substantial risk that the result will occur; and (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk. (3) The question whether taking a risk is unjustifiable is one of fact. (4) If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element. 5.5 Negligence A person is negligent with respect to a physical element of an offence if his or her conduct involves: (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and (b) such a high risk that the physical element exists or will exist; that the conduct merits criminal punishment for the offence. 5.6 Offences that do not specify fault elements (1) If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element. (2) If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element. Note: Under subsection 5.4(4), recklessness can be established by proving intention, knowledge or recklessness. Division 6—Cases where fault elements are not required 6.1 Strict liability (1) If a law that creates an offence provides that the offence is an offence of strict liability: (a) there are no fault elements for any of the physical elements of the offence; and (b) the defence of mistake of fact under section 9.2 is available. (2) If a law that creates an offence provides that strict liability applies to a particular physical element of the offence: (a) there are no fault elements for that physical element; and (b) the defence of mistake of fact under section 9.2 is available in relation to that physical element. (3) The existence of strict liability does not make any other defence unavailable. 6.2 Absolute liability (1) If a law that creates an offence provides that the offence is an offence of absolute liability: (a) there are no fault elements for any of the physical elements of the offence; and (b) the defence of mistake of fact under section 9.2 is unavailable. (2) If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence: (a) there are no fault elements for that physical element; and (b) the defence of mistake of fact under section 9.2 is unavailable in relation to that physical element. (3) The existence of absolute liability does not make any other defence unavailable. Part 2.3—Circumstances in which there is no criminal responsibility Note: This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws. Division 7—Circumstances involving lack of capacity 7.1 Children under 10 A child under 10 years old is not criminally responsible for an offence. 7.2 Children over 10 but under 14 (1) A child aged 10 years or more but under 14 years old can only be criminally responsible for an offence if the child knows that his or her conduct is wrong. (2) The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution. 7.3 Mental impairment (1) A person is not criminally responsible for an offence if, at the time of carrying out the conduct constituting the offence, the person was suffering from a mental impairment that had the effect that: (a) the person did not know the nature and quality of the conduct; or (b) the person did not know that the conduct was wrong (that is, the person could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong); or (c) the person was unable to control the conduct. (2) The question whether the person was suffering from a mental impairment is one of fact. (3) A person is presumed not to have been suffering from such a mental impairment. The presumption is only displaced if it is proved on the balance of probabilities (by the prosecution or the defence) that the person was suffering from such a mental impairment. (4) The prosecution can only rely on this section if the court gives leave. (5) The tribunal of fact must return a special verdict that a person is not guilty of an offence because of mental impairment if and only if it is satisfied that the person is not criminally responsible for the offence only because of a mental impairment. (6) A person cannot rely on a mental impairment to deny voluntariness or the existence of a fault element but may rely on this section to deny criminal responsibility. (7) If the tribunal of fact is satisfied that a person carried out conduct as a result of a delusion caused by a mental impairment, the delusion cannot otherwise be relied on as a defence. (8) In this Code: mental impairment includes senility, intellectual disability, mental illness, brain damage and severe personality disorder. (9) The reference in subsection (8) to mental illness is a reference to an underlying pathological infirmity of the mind, whether of long or short duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary external stimuli. However, such a condition may be evidence of a mental illness if it involves some abnormality and is prone to recur. Division 8—Intoxication 8.1 Definition—self‑induced intoxication For the purposes of this Division, intoxication is self‑induced unless it came about: (a) involuntarily; or (b) as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force. 8.2 Intoxication (offences involving basic intent) (1) Evidence of self‑induced intoxication cannot be considered in determining whether a fault element of basic intent existed. (2) A fault element of basic intent is a fault element of intention for a physical element that consists only of conduct. Note: A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent. (3) This section does not prevent evidence of self‑induced intoxication being taken into consideration in determining whether conduct was accidental. (4) This section does not prevent evidence of self‑induced intoxication being taken into consideration in determining whether a person had a mistaken belief about facts if the person had considered whether or not the facts existed. (5) A person may be regarded as having considered whether or not facts existed if: (a) he or she had considered, on a previous occasion, whether those facts existed in circumstances surrounding that occasion; and (b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion. 8.3 Intoxication (negligence as fault element) (1) If negligence is a fault element for a particular physical element of an offence, in determining whether that fault element existed in relation to a person who is intoxicated, regard must be had to the standard of a reasonable person who is not intoxicated. (2) However, if intoxication is not self‑induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned. 8.4 Intoxication (relevance to defences) (1) If any part of a defence is based on actual knowledge or belief, evidence of intoxication may be considered in determining whether that knowledge or belief existed. (2) If any part of a defence is based on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated. (3) If a person's intoxication is not self‑induced, in determining whether any part of a defence based on reasonable belief exists, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned. (4) If, in relation to an offence: (a) each physical element has a fault element of basic intent; and (b) any part of a defence is based on actual knowledge or belief; evidence of self‑induced intoxication cannot be considered in determining whether that knowledge or belief existed. (5) A fault element of basic intent is a fault element of intention for a physical element that consists only of conduct. Note: A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent. 8.5 Involuntary intoxication A person is not criminally responsible for an offence if the person's conduct constituting the offence was as a result of intoxication that was not self‑induced. Division 9—Circumstances involving mistake or ignorance 9.1 Mistake or ignorance of fact (fault elements other than negligence) (1) A person is not criminally responsible for an offence that has a physical element for which there is a fault element other than negligence if: (a) at the time of the conduct constituting the physical element, the person is under a mistaken belief about, or is ignorant of, facts; and (b) the existence of that mistaken belief or ignorance negates any fault element applying to that physical element. (2) In determining whether a person was under a mistaken belief about, or was ignorant of, facts, the tribunal of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances. 9.2 Mistake of fact (strict liability) (1) A person is not criminally responsible for an offence that has a physical element for which there is no fault element if: (a) at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed, and is under a mistaken but reasonable belief about those facts; and (b) had those facts existed, the conduct would not have constituted an offence. (2) A person may be regarded as having considered whether or not facts existed if: (a) he or she had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and (b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion. Note: Section 6.2 prevents this section applying in situations of absolute liability. 9.3 Mistake or ignorance of statute law (1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of an Act that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence. (2) Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act is expressly to the contrary effect. 9.4 Mistake or ignorance of subordinate legislation (1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence. (2) Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if: (a) the subordinate legislation is expressly to the contrary effect; or (c) at the time of the conduct, the subordinate legislation: (i) has not been made available to the public (by means of the Register under the Legislation Act 2003 or otherwise); and (ii) has not otherwise been made available to persons likely to be affected by it in such a way that the person would have become aware of its contents by exercising due diligence. (3) In this section: available includes available by sale. subordinate legislation means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act. 9.5 Claim of right (1) A person is not criminally responsible for an offence that has a physical element relating to property if: (a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and (b) the existence of that right would negate a fault element for any physical element of the offence. (2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist. (3) This section does not negate criminal responsibility for an offence relating to the use of force against a person. Division 10—Circumstances involving external factors 10.1 Intervening conduct or event A person is not criminally responsible for an offence that has a physical element to which absolute liability or strict liability applies if: (a) the physical element is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and (b) the person could not reasonably be expected to guard against the bringing about of that physical element. 10.2 Duress (1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence under duress. (2) A person carries out conduct under duress if and only if he or she reasonably believes that: (a) a threat has been made that will be carried out unless an offence is committed; and (b) there is no reasonable way that the threat can be rendered ineffective; and (c) the conduct is a reasonable response to the threat. (3) This section does not apply if the threat is made by or on behalf of a person with whom the person under duress is voluntarily associating for the purpose of carrying out conduct of the kind actually carried out. 10.3 Sudden or extraordinary emergency (1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency. (2) This section applies if and only if the person carrying out the conduct reasonably believes that: (a) circumstances of sudden or extraordinary emergency exist; and (b) committing the offence is the only reasonable way to deal with the emergency; and (c) the conduct is a reasonable response to the emergency. 10.4 Self‑defence (1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in self‑defence. (2) A person carries out conduct in self‑defence if and only if he or she believes the conduct is necessary: (a) to defend himself or herself or another person; or (b) to prevent or terminate the unlawful imprisonment of himself or herself or another person; or (c) to protect property from unlawful appropriation, destruction, damage or interference; or (d) to prevent criminal trespass to any land or premises; or (e) to remove from any land or premises a person who is committing criminal trespass; and the conduct is a reasonable response in the circumstances as he or she perceives them. (3) This section does not apply if the person uses force that involves the intentional infliction of death or really serious injury: (a) to protect property; or (b) to prevent criminal trespass; or (c) to remove a person who is committing criminal trespass. (4) This section does not apply if: (a) the person is responding to lawful conduct; and (b) he or she knew that the conduct was lawful. However, conduct is not lawful merely because the person carrying it out is not criminally responsible for it. 10.5 Lawful authority A person is not criminally responsible for an offence if the conduct constituting the offence is justified or excused by or under a law. Part 2.4—Extensions of criminal responsibility Division 11 11.1 Attempt (1) A person who attempts to commit an offence commits the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed. (2) For the person to be guilty, the person's conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact. (3) For the offence of attempting to commit an offence, intention and knowledge are fault elements in relation to each physical element of the offence attempted. Note: Under section 3.2, only one of the fault elements of intention or knowledge would need to be established in respect of each physical element of the offence attempted. (3A) Subsection (3) has effect subject to subsection (6A). (4) A person may be found guilty even if: (a) committing the offence attempted is impossible; or (b) the person actually committed the offence attempted. (5) A person who is found guilty of attempting to commit an offence cannot be subsequently charged with the completed offence. (6) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of attempting to commit that offence. (6A) Any special liability provisions that apply to an offence apply also to the offence of attempting to commit that offence. (7) It is not an offence to attempt to commit an offence against section 11.2 (complicity and common purpose), section 11.2A (joint commission), section 11.3 (commission by proxy), section 11.5 (conspiracy to commit an offence) or section 135.4 (conspiracy to defraud). 11.2 Complicity and common purpose (1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly. (2) For the person to be guilty: (a) the person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and (b) the offence must have been committed by the other person. (3) For the person to be guilty, the person must have intended that: (a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or (b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed. (3A) Subsection (3) has effect subject to subsection (6). (4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person: (a) terminated his or her involvement; and (b) took all reasonable steps to prevent the commission of the offence. (5) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the other person has not been prosecuted or has not been found guilty. (6) Any special liability provisions that apply to an offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of subsection (1). (7) If the trier of fact is satisfied beyond reasonable doubt that a person either: (a) is guilty of a particular offence otherwise than because of the operation of subsection (1); or (b) is guilty of that offence because of the operation of subsection (1); but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence. 11.2A Joint commission Joint commission (1) If: (a) a person and at least one other party enter into an agreement to commit an offence; and (b) either: (i) an offence is committed in accordance with the agreement (within the meaning of subsection (2)); or (ii) an offence is committed in the course of carrying out the agreement (within the meaning of subsection (3)); the person is taken to have committed the joint offence referred to in whichever of subsection (2) or (3) applies and is punishable accordingly. Offence committed in accordance with the agreement (2) An offence is committed in accordance with the agreement if: (a) the conduct of one or more parties in accordance with the agreement makes up the physical elements consisting of conduct of an offence (the joint offence) of the same type as the offence agreed to; and (b) to the extent that a physical element of the joint offence consists of a result of conduct—that result arises from the conduct engaged in; an