Commonwealth: Death Penalty Abolition Act 1973 (Cth)

Death Penalty Abolition Act 1973 Act No. 100 of 1973 as amended This compilation was prepared on 19 April 2010 taking into account amendments up to Act No. 37 of 2010 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement [see Note 1] 3 Application of Act 4 Abolition of death penalty 5 Substitution of imprisonment for life 6 Death penalty must not be imposed Notes An Act to abolish Capital Punishment under the Laws of the Commonwealth, of the States and of the Territories, and under certain other Laws in relation to which the Powers of the Parliament extend 1 Short title [see Note 1] This Act may be cited as the Death Penalty Abolition Act 1973. 2 Commencement [see Note 1] This Act shall come into operation on the day on which it receives the Royal Assent. 3 Application of Act (1) This Act applies within and outside Australia and extends to all the Territories. (2) This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts. (3) Section 6 also applies in relation to, and in relation to offences under, the laws of the States. (4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act. 4 Abolition of death penalty A person is not liable to the punishment of death for any offence referred to in subsection 3(2). 5 Substitution of imprisonment for life Where by any law referred to in subsection 3(2) (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment. 6 Death penalty must not be imposed The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3). Notes to the Death Penalty Abolition Act 1973 Note 1 The Death Penalty Abolition Act 1973 as shown in this compilation comprises Act No. 100, 1973 amended as indicated in the Tables below. Table of Acts Act Number Date Date of commencement Application, saving or transitional provisions and year of Assent Death Penalty Abolition Act 1973 100, 1973 18 Sept 1973 18 Sept 1973 Law and Justice Legislation Amendment Act 1997 34, 1997 17 Apr 1997 Schedule 5: Royal Assent — Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 37, 2010 13 Apr 2010 Schedule 2: 14 Apr 2010 — Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Title.................... am. No. 37, 2010 S. 3.................... am. No. 34, 1997; No. 37, 2010 Ss. 4, 5................. am. No. 37, 2010 S. 6.................... ad. No. 37, 2010