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Crimes Act 1914
Part I - Preliminary
SECTION 1 Short title
SECTION 3 INTERPRETATION
SECTION 3AA STATE OFFENCES THAT HAVE A FEDERAL ASPECT
SECTION 3A Operation of Act
SECTION 3B Arrangements with States, Australian Capital Territory and Northern Territory
SECTION 3BA Application of the Criminal Code
SECTION 3BB Application of Sections 4, 5, 7, 7A, 14, 15D AND 86
Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
Division 1 - Preliminary
SECTION 3C INTERPRETATION
SECTION 3CAA Account-based data
SECTION 3CA NATURE OF FUNCTIONS OF MAGISTRATE
SECTION 3D Application of Part
Division 2 - Search warrants
SECTION 3E When search warrants can be issued
SECTION 3F The things that are authorised by a search warrant
SECTION 3G Availability of assistance and use of force in executing a warrant
SECTION 3H Details of warrant to be given to occupier etc.
SECTION 3J Specific powers available to constables executing warrant
SECTION 3JA Extension of time to re-enter premises in emergency situations
SECTION 3K USE OF EQUIPMENT TO EXAMINE OR PROCESS THINGS
SECTION 3L USE OF ELECTRONIC EQUIPMENT AT PREMISES
SECTION 3LAA USE OF ELECTRONIC EQUIPMENT AT OTHER PLACE
SECTION 3LA PERSON WITH KNOWLEDGE OF A COMPUTER OR A COMPUTER SYSTEM TO ASSIST ACCESS ETC.
SECTION 3LB ACCESSING DATA HELD ON CERTAIN PREMISES - NOTIFICATION TO OCCUPIER OF THAT PREMISES
SECTION 3M Compensation for damage to equipment
SECTION 3N Copies of seized things to be provided
SECTION 3P Occupier entitled to be present during search
SECTION 3Q Receipts for things seized under warrant or moved
SECTION 3R Warrants by telephone or other electronic means
SECTION 3S Restrictions on personal searches
SECTION 3SA Relationship of this Division to parliamentary privileges and immunities
Division 3 - Stopping and searching conveyances
SECTION 3T Searches without warrant in emergency situations
SECTION 3U How a constable exercises a power under section 3T
Division 3A - Powers in relation to terrorist acts and terrorism offences
Subdivision A - Definitions
SECTION 3UA DEFINITIONS
Subdivision B - Powers
SECTION 3UB Application of Subdivision
SECTION 3UC Requirement to provide name etc.
SECTION 3UD Stopping and searching
SECTION 3UE Seizure of terrorism related items and serious offence related items
SECTION 3UEA Emergency entry to premises without warrant
SECTION 3UEB Emergency entry to premises without warrant - post-entry warrants
SECTION 3UF Seizure notices
SECTION 3UG Application to magistrate
SECTION 3UH Relationship of Subdivision to other laws
Subdivision C - Prescribed security zones
SECTION 3UI Applications for declarations
SECTION 3UJ Minister may make declarations
Subdivision CA - Reporting on exercise of powers under this Division
SECTION 3UJA Report after powers are exercised
SECTION 3UJB Annual report on exercise of powers
Subdivision CB - Matters relating to post-entry warrants
SECTION 3UJC Assessment officers
SECTION 3UJD Consent of Judges
SECTION 3UJE Nominated ART members
Subdivision D - Sunset provision
SECTION 3UK Sunset provision
Division 3B - Identity information requirements, and move-on powers, at airports
SECTION 3UL Definitions - Division 3B
SECTION 3UM Meaning of major airport
SECTION 3UN Meaning of public order and safe operation
SECTION 3UO Determination of airports
SECTION 3UP Identity information at airports
SECTION 3UQ Move-on directions at airports
SECTION 3UR Move-on directions at airports - alternative constitutional scope
SECTION 3US Stop and directions powers at airports
SECTION 3UT Constables ' and protective service officers ' duties at airports
SECTION 3UU Directions at airports - offences
SECTION 3UV Review of Division
Division 4 - Arrest and related matters
SECTION 3V Requirement to furnish name etc.
SECTION 3W Power of arrest without warrant by constables
SECTION 3WA Constables ' power of arrest without warrant for a terrorism offence or offence of advocating terrorism
SECTION 3X Arrest of prisoner unlawfully at large
SECTION 3Y Power of arrest without warrant of person on bail
SECTION 3Z Power of arrest without warrant by other persons
SECTION 3ZA Warrants for arrest
SECTION 3ZB Power to enter premises to arrest offender
SECTION 3ZC Use of force in making arrest
SECTION 3ZD Persons to be informed of grounds of arrest
SECTION 3ZE Power to conduct a frisk search of an arrested person
SECTION 3ZF Power to conduct an ordinary search of an arrested person
SECTION 3ZG Power to conduct search of arrested person's premises
SECTION 3ZH Power to conduct an ordinary search or a strip search
SECTION 3ZI Rules for conduct of strip search
SECTION 3ZJ TAKING FINGERPRINTS, RECORDINGS, SAMPLES OF HANDWRITING OR PHOTOGRAPHS
SECTION 3ZK Destruction of identification material
SECTION 3ZL Offence of refusing to allow identification material to be taken
SECTION 3ZM Identification parades
SECTION 3ZN Identification parades for suspects under 18 etc.
SECTION 3ZO Identification by means of photographs
SECTION 3ZP Identification procedures where there is more than one suspect
SECTION 3ZQ Descriptions
Division 4A - Determining a person's age
Subdivision A - Preliminary
SECTION 3ZQA Definitions
Subdivision B - Determination of age during investigation
SECTION 3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure
SECTION 3ZQC Obtaining of consents for the carrying out of a prescribed procedure
SECTION 3ZQD Withdrawal of consent
SECTION 3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses
Subdivision C - Determination of age during proceedings
SECTION 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
SECTION 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
SECTION 3ZQH Appropriate medical or other standards to be applied
SECTION 3ZQI Reasonable and necessary force
Subdivision F - Disclosure and destruction of age determination information
SECTION 3ZQJ Disclosure of age determination information
SECTION 3ZQK Destruction of age determination information
Division 4B - Power to obtain information and documents
Subdivision A - Definitions
SECTION 3ZQL Definition
Subdivision B - Power to request information or documents about terrorist acts from operators of aircraft or ships
SECTION 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
SECTION 3ZQN Power to obtain documents relating to serious terrorism offences
SECTION 3ZQO Power to obtain documents relating to serious offences
SECTION 3ZQP Matters to which documents must relate
SECTION 3ZQQ Powers conferred on Judges of the Federal Circuit and Family Court of Australia (Division 2) in their personal capacity
SECTION 3ZQR Documents must be produced
SECTION 3ZQS Offence for failure to comply with notice under section 3ZQN or 3ZQO
SECTION 3ZQT Offence for disclosing existence or nature of notice
Divison 4C - Using, sharing and returning things seized and documents produced
Subdivision A - Using and sharing things seized and documents produced
SECTION 3ZQU Purposes for which things and documents may be used and shared
SECTION 3ZQV Operating seized electronic equipment
SECTION 3ZQW COMPENSATION FOR DAMAGE TO ELECTRONIC EQUIPMENT
Subdivision B - Returning things seized and documents produced
SECTION 3ZQX WHEN THINGS SEIZED OR DOCUMENTS PRODUCED UNDER DIVISION 2, 4 OR 4B MUST BE RETURNED
Subdivision C - (Repealed by No 2 of 2011)
SECTION 3ZQY WHEN THINGS SEIZED UNDER DIVISION 3 MUST BE RETURNED
SECTION 3ZQZ MAGISTRATE MAY PERMIT A THING SEIZED UNDER DIVISION 3 TO BE RETAINED
Subdivision D - (Repealed by No 2 of 2011)
SECTION 3ZQZA WHEN THINGS SEIZED UNDER DIVISION 3A MUST BE RETURNED
SECTION 3ZQZB MAGISTRATE MAY PERMIT A THING SEIZED OR DOCUMENT PRODUCED UNDER THIS PART TO BE RETAINED, FORFEITED ETC.
Division 5 - General
SECTION 3ZR Conduct of ordinary searches and frisk searches
SECTION 3ZS Announcement before entry
SECTION 3ZT Offence for making false statements in warrants
SECTION 3ZU Offences relating to telephone warrants
SECTION 3ZV Retention of things which are seized
SECTION 3ZW DELEGATION BY COMMISSIONER
SECTION 3ZX Law relating to legal professional privilege not affected
Part IAAA - Delayed notification search warrants
Division 1 - Preliminary
SECTION 3ZZAA Object of this Part
SECTION 3ZZAB Application of Part
SECTION 3ZZAC Definitions
SECTION 3ZZAD Eligible issuing officers
SECTION 3ZZAE Consent of Judges
SECTION 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
SECTION 3ZZBA Eligible officer may seek authorisation to apply for a delayed notification search warrant
SECTION 3ZZBB Authorisation to apply for a delayed notification search warrant
SECTION 3ZZBC Applying for a delayed notification search warrant
SECTION 3ZZBD Issuing a delayed notification search warrant
SECTION 3ZZBE Contents of a delayed notification search warrant
Subdivision B - Delayed notification search warrants by telephone, fax etc.
SECTION 3ZZBF Delayed notification search warrants by telephone, fax etc.
SECTION 3ZZBG Authority of delayed notification search warrant by telephone, fax etc.
Subdivision C - Offences relating to applying for warrants etc.
SECTION 3ZZBH Offence for making false statement in application for delayed notification search warrant
SECTION 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
SECTION 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
SECTION 3ZZCA What is authorised by a delayed notification search warrant
SECTION 3ZZCB Specific powers available to person executing warrant
SECTION 3ZZCC Extension of time to re-enter premises left in emergency situation or to avoid discovery of law enforcement officer
SECTION 3ZZCD Executing a warrant - assistance, use of force and related matters
SECTION 3ZZCE Use of equipment to examine or process things
SECTION 3ZZCF Use of electronic equipment at warrant premises
SECTION 3ZZCG Use of moved electronic equipment at other place
SECTION 3ZZCH Operating seized or moved electronic equipment
SECTION 3ZZCI Compensation for damage to electronic equipment
Division 4 - Notice to occupiers
SECTION 3ZZDA Warrant premises occupier ' s notice must be prepared and given
SECTION 3ZZDB Adjoining premises occupier ' s notice must be prepared and given
SECTION 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
SECTION 3ZZEA Purposes for which things may be used and shared
Subdivision B - Returning things seized
SECTION 3ZZEB When things seized must be returned
SECTION 3ZZEC Eligible issuing officer may permit a thing seized to be retained, forfeited etc.
Division 6 - Reporting and record-keeping
SECTION 3ZZFA Reporting on delayed notification search warrants
SECTION 3ZZFB Annual reports to Minister
SECTION 3ZZFC Regular reports to Ombudsman
SECTION 3ZZFD Keeping documents connected with delayed notification search warrants
SECTION 3ZZFE Register of delayed notification search warrants
Division 7 - Inspections by Ombudsman
SECTION 3ZZGA Appointment of inspecting officers
SECTION 3ZZGB Inspection of records by the Ombudsman
SECTION 3ZZGC Power to obtain relevant information
SECTION 3ZZGD Offence
SECTION 3ZZGE Ombudsman to be given information etc. despite other laws
SECTION 3ZZGF Exchange of information between Ombudsman and State or Territory inspecting authorities
SECTION 3ZZGG Ombudsman not to be sued
SECTION 3ZZGH Report on inspection
Division 8 - Unauthorised disclosure of information
SECTION 3ZZHA Unauthorised disclosure of information
Division 9 - Other matters
SECTION 3ZZIA Delegation
SECTION 3ZZIB Law relating to legal professional privilege not affected
Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.
Division 1 - Introduction
SECTION 3ZZJA Simplified outline of this Part
SECTION 3ZZJB Definitions
SECTION 3ZZJC Prescribed connection with premises
SECTION 3ZZJD Privileges not abrogated
SECTION 3ZZJE Application of Part
Division 2 - Powers of constables in relation to premises
Subdivision A - Monitoring powers
SECTION 3ZZKA Entering premises by consent or under a warrant
SECTION 3ZZKB General monitoring powers
SECTION 3ZZKC Operating electronic equipment
SECTION 3ZZKD Securing electronic equipment to obtain expert assistance
Subdivision B - Powers to ask questions and seek production of documents
SECTION 3ZZKE Asking questions and seeking production of documents
Subdivision C - Other powers
SECTION 3ZZKF Other powers
SECTION 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
SECTION 3ZZLA Searching a person by consent or under a warrant
SECTION 3ZZLB Monitoring powers
SECTION 3ZZLC Seizure powers
SECTION 3ZZLD Availability of assistance and use of force in executing a warrant
Division 4 - Obligations and incidental powers of constables
SECTION 3ZZNA Consent of occupier of premises
SECTION 3ZZNB Consent to search of a person
SECTION 3ZZNC Announcement before entry under warrant
SECTION 3ZZND Constable to be in possession of warrant
SECTION 3ZZNE Details of warrant etc. to be given to occupier
SECTION 3ZZNF Compensation for damage to electronic equipment
SECTION 3ZZNG Occupier entitled to be present during search
SECTION 3ZZNH Person subject to a Part 5.3 supervisory order is entitled to be present during search
Division 5 - Monitoring warrants
SECTION 3ZZOA Monitoring warrant in relation to premises
SECTION 3ZZOB Monitoring warrant in relation to a person
SECTION 3ZZOC Restrictions on personal searches
SECTION 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
SECTION 3ZZPA Monitoring warrants by telephone or other electronic means
SECTION 3ZZPB Offences relating to telephone warrants
Division 7 - Extension of periods in which things secured
SECTION 3ZZQA Extension of periods in which things secured
Division 8 - Things seized, documents produced, and answers given, under this Part
SECTION 3ZZRA Receipts for things seized under this Part
SECTION 3ZZRB Using, sharing and returning things seized under this Part
SECTION 3ZZRC Using, sharing and returning documents produced under section 3ZZKE
SECTION 3ZZRD Answers to questions asked under section 3ZZKE
Division 9 - Powers of issuing officers
SECTION 3ZZSA Powers of issuing officers
Division 10 - General
SECTION 3ZZTA Conduct of ordinary searches and frisk searches
SECTION 3ZZTB Protection of persons - control order declared to be void
SECTION 3ZZTC Dealing with things, information or documents obtained under a monitoring warrant - control order declared to be void
SECTION 3ZZTD Commissioner to keep documents connected with issue of monitoring warrants
SECTION 3ZZTE Commissioner to notify Ombudsman in relation to monitoring warrants
Division 11 - Inspections by Ombudsman
SECTION 3ZZUA Appointment of inspecting officers
SECTION 3ZZUB Inspection of records by the Ombudsman
SECTION 3ZZUC Power to obtain relevant information
SECTION 3ZZUD Offence
SECTION 3ZZUE Ombudsman to be given information etc. despite other laws
SECTION 3ZZUF Exchange of information between Ombudsman and State or Territory inspecting authorities
SECTION 3ZZUG Ombudsman not to be sued
SECTION 3ZZUH Annual report
Part IAABA - Monitoring of compliance with community safety supervision orders etc.
SECTION 3ZZUHA Simplified outline of this Part
SECTION 3ZZUHB Definitions
SECTION 3ZZUHC Application of Part IAAB to community safety supervision orders
Part IAAC - Account takeover warrants
Division 1 - Introduction
SECTION 3ZZUJ Simplified outline of this Part
SECTION 3ZZUK Definitions
SECTION 3ZZUL When a person takes control of an online account
SECTION 3ZZUM Appropriate authorising officer
Division 2 - Account takeover warrants
SECTION 3ZZUMA Sunsetting
SECTION 3ZZUN Application for account takeover warrant
SECTION 3ZZUP Determining the application
SECTION 3ZZUQ What must an account takeover warrant contain?
SECTION 3ZZUR What an account takeover warrant authorises
SECTION 3ZZUS Variation of account takeover warrant
SECTION 3ZZUT Revocation of account takeover warrant
SECTION 3ZZUU Discontinuance of execution of account takeover warrant
SECTION 3ZZUV Restoration of online account
SECTION 3ZZUW Relationship of this Division to parliamentary privileges and immunities
Division 3 - Emergency authorisations
SECTION 3ZZUWA Sunsetting
SECTION 3ZZUX Emergency authorisation - serious risks to person or property
SECTION 3ZZUY Record of emergency authorisations to be made
SECTION 3ZZUZ Attributes of emergency authorisations
SECTION 3ZZVA Application for approval of emergency authorisation
SECTION 3ZZVB Consideration of application
SECTION 3ZZVC Magistrate may approve giving of an emergency authorisation
SECTION 3ZZVD Admissibility of evidence
SECTION 3ZZVE Restoration of online account
SECTION 3ZZVF Relationship of this Division to parliamentary privileges and immunities
Division 4 - Assistance orders
SECTION 3ZZVG Person with knowledge of an online account to provide assistance
Division 5 - Restrictions on use and disclosure of information
SECTION 3ZZVH Unauthorised use or disclosure of protected information
SECTION 3ZZVJ Dealing with records obtained under, or relating to, account takeover warrants etc.
SECTION 3ZZVK Protection of account takeover technologies and methods
Division 6 - Reporting and record keeping
SECTION 3ZZVL Chief officers ' annual reports to the Minister and the Ombudsman
SECTION 3ZZVM Chief officers ' annual reports to the Minister
SECTION 3ZZVN Keeping documents connected with account takeover warrants
SECTION 3ZZVP Register of applications for account takeover warrants and emergency authorisations
Division 7 - Inspections
SECTION 3ZZVQ Appointment of inspecting officers
SECTION 3ZZVR Inspection of records by the Ombudsman
SECTION 3ZZVS Power to obtain relevant information
SECTION 3ZZVT Offence
SECTION 3ZZVU Ombudsman to be given information and access despite other laws
SECTION 3ZZVV Delegation by Ombudsman
SECTION 3ZZVW Ombudsman not to be sued
SECTION 3ZZVX Report on inspection
Division 8 - Miscellaneous
SECTION 3ZZVY Minor defects in connection with account takeover warrant
SECTION 3ZZVZ Evidentiary certificates
SECTION 3ZZWA Compensation for property loss or serious damage
Part IA - General
SECTION 4 Application of the common law
SECTION 4AAA Commonwealth laws conferring non-judicial functions and powers on officers
SECTION 4AAB Arrangements for conferral of non-judicial functions and powers
SECTION 4A DEFINITION OF WIDELY-HELD COMPLYING SUPERANNUATION FUND
SECTION 4AA Penalty units
SECTION 4AB Conversion of pecuniary penalties expressed in dollar amounts to penalty units
SECTION 4B Pecuniary penalties - natural persons and bodies corporate
SECTION 4C Offences under 2 or more laws
SECTION 4D Penalties
SECTION 4E Pecuniary penalties
SECTION 4F Effect of alterations in penalties
SECTION 4G Indictable offences
SECTION 4H Summary offences
SECTION 4J Certain indictable offences may be dealt with summarily
SECTION 4JA Some indictable offences punishable by fine only may be dealt with summarily
SECTION 4K Continuing and multiple offences
SECTION 4L Specified defences not to preclude other defences
SECTION 4M Children under 10
SECTION 4N Children over 10 but under 14
SECTION 5 Aiders and abettors
SECTION 6 Accessory after the fact
SECTION 7 Attempt
SECTION 7A Inciting to or urging the commission of offences
SECTION 9 Seizure and condemnation of forfeitable goods
SECTION 9A Forfeited articles to be dealt with by Official Trustee
SECTION 9B Costs etc. payable to Official Trustee
SECTION 13 Institution of proceedings in respect of offences
SECTION 14 Proof of exceptions etc.
SECTION 15 Remand of defendant
SECTION 15AA Bail not to be granted in certain cases
SECTION 15AAA Bail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences
SECTION 15AB Matters to be considered in certain bail applications
SECTION 15A Enforcement of fines etc.
SECTION 15B Time for commencement of prosecutions
SECTION 15C Form of indictments, informations and summonses
SECTION 15D Burden of proof of lawful authority
SECTION 15E Privilege of Parliament not affected
SECTION 15F Civil rights not affected
SECTION 15FA Nature of functions conferred on magistrate
Part IAB - Controlled operations
Division 1 - Preliminary
SECTION 15G Objects of Part
SECTION 15GA Relationship to other laws and matters
SECTION 15GB Concurrent operation of State and Territory laws
SECTION 15GC Definitions
SECTION 15GD Meaning of controlled operation and major controlled operation
SECTION 15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect
SECTION 15GF Meaning of authorising officer etc
SECTION 15GG ART Minister may nominate ART members
Division 2 - Authorisation of controlled operations
Subdivision A - Authorities to conduct controlled operations
SECTION 15GH Applications for authorities to conduct controlled operations
SECTION 15GI Determination of applications
SECTION 15GJ Manner of granting authority
SECTION 15GK Form of authority
SECTION 15GL Written record of urgent authority must be issued
SECTION 15GM Change of principal law enforcement officer
SECTION 15GN Commencement and duration of authorities
Subdivision B - Variation of authorities by appropriate authorising officers
SECTION 15GO Variation of authority by appropriate authorising officer
SECTION 15GP Application to appropriate authorising officer
SECTION 15GQ Requirements for variation of authority
SECTION 15GR Manner of varying authority
SECTION 15GS Form of variation of authority
Subdivision C - Variations of authorities by nominated Tribunal member: extensions beyond 3 months
SECTION 15GT Variation of formal authority to extend period of effect beyond 3 months
SECTION 15GU Application to nominated Tribunal member
SECTION 15GV Determination of application
SECTION 15GW Manner of varying formal authority
SECTION 15GX Form of variation of formal authority
Subdivision D - Other matters
SECTION 15GY Cancellation of authorities
SECTION 15GZ Effect of authorities
SECTION 15H Defect in authority
Division 3 - Protection from criminal responsibility and related provisions
Subdivision A - Controlled operations under this Part
SECTION 15HA Protection from criminal responsibility for controlled conduct during controlled operations
SECTION 15HB Indemnification of participants against civil liability
SECTION 15HC Effect of sections 15HA and 15HB on other laws relating to criminal investigation
SECTION 15HD Effect of being unaware of variation or cancellation of authority
SECTION 15HE Protection from criminal responsibility for certain ancillary conduct
SECTION 15HF Compensation for property loss or serious damage
SECTION 15HG Notification requirements
Subdivision B - Controlled operations under a corresponding State controlled operations law
SECTION 15HH Protection from criminal responsibility for conduct under a corresponding State controlled operations law
SECTION 15HI Effect of section 15HH on other laws relating to criminal investigation
SECTION 15HJ Protection from criminal responsibility for certain ancillary conduct
Division 4 - Compliance and monitoring
SECTION 15HK Unauthorised disclosure of information
SECTION 15HL Unauthorised disclosure of information - endangering safety, etc
SECTION 15HM Chief officers' 6 monthly reports to Ombudsman and Minister
SECTION 15HN Chief officers' annual reports to Minister and Ombudsman
SECTION 15HO Annual report by Ombudsman
SECTION 15HP Keeping documents connected with controlled operations
SECTION 15HQ General register
SECTION 15HR Appointment of inspecting officers
SECTION 15HS Inspection of records by the Ombudsman
SECTION 15HT Power to obtain relevant information
SECTION 15HU Offence
SECTION 15HV Ombudsman to be given information and access despite other laws
SECTION 15HW Exchange of information between Ombudsman and State inspecting authorities
SECTION 15HX Delegation by Ombudsman
SECTION 15HY Ombudsman not to be sued
Division 5 - Miscellaneous
SECTION 15HZ Evidence of authorities
SECTION 15J Secretary of Immigration and Border Protection Department to be notified of certain authorities
Part IABA - Integrity testing
Division 1 - Introduction
SECTION 15JA Integrity testing - simplified outline
SECTION 15JB Integrity testing - concurrent operation of State and Territory laws
SECTION 15JC Integrity testing - definitions
SECTION 15JD Integrity testing - meaning of integrity testing operation
Division 2 - Integrity testing operations: authority
SECTION 15JE Integrity testing authorities - circumstances in which applications may be made
SECTION 15JF Integrity testing authorities - application
SECTION 15JG Integrity testing authorities - grant
SECTION 15JH Integrity testing authorities - form
SECTION 15JI Integrity testing authorities - notice to National Anti-Corruption Commissioner
SECTION 15JJ Integrity testing authorities - duration
SECTION 15JK Integrity testing authorities - variation
SECTION 15JL Integrity testing authorities - cancellation
SECTION 15JM Integrity testing authorities - defects
Division 3 - Integrity testing operations: protection of participants
SECTION 15JN Integrity testing operations - authorised conduct
SECTION 15JO Integrity testing operations - indemnity against civil liability
SECTION 15JP Integrity testing operations - participants unaware of variation or cancellation of authority
Division 4 - Integrity testing operations: disclosure of information
SECTION 15JQ Integrity testing operations - disclosure
SECTION 15JR Integrity testing operations - disclosure endangering safety etc.
Division 5 - Integrity testing operations: reporting
SECTION 15JS Integrity testing operations - annual reports
Division 6 - Integrity testing operations: evidence
SECTION 15JT Evidence of integrity testing authorities
Part IAC - Assumed identities
Division 1 - Preliminary
SECTION 15K Definitions
Division 2 - Authority for Assumed Identity
SECTION 15KA Application for authority to acquire or use assumed identity
SECTION 15KB Determination of applications
SECTION 15KC Form of authority
SECTION 15KD Period of authority
SECTION 15KE Variation or cancellation of authority
SECTION 15KF Yearly review of authority
SECTION 15KG Making entries in register of births, deaths or marriages
SECTION 15KH Effect of authority ceasing to be in force on register of births, deaths or marriages
Division 3 - Evidence of Assumed Identity
SECTION 15KI Request for evidence of assumed identity
SECTION 15KJ Government issuing agencies to comply with request
SECTION 15KK Non-government issuing agencies may comply with request
SECTION 15KL Cancellation of evidence of assumed identity
SECTION 15KM Return of evidence of assumed identity
SECTION 15KN Protection from criminal liability - officers of issuing agencies
SECTION 15KO Indemnity for issuing agencies and officers
Division 4 - Effect of Authority
SECTION 15KP Assumed identity may be acquired and used
SECTION 15KQ Protection from criminal liability - authorised persons
SECTION 15KR Protection from criminal liability - third parties
SECTION 15KS Indemnity for authorised persons
SECTION 15KT Particular qualifications
SECTION 15KU Effect of being unaware of variation or cancellation of authority
SECTION 15KV Transfer of control of authorities
SECTION 15KW Consequences of transfer of control of authorities
Division 5 - Mutual Recognition under Corresponding Laws
SECTION 15KX Requests to a participating jurisdiction for evidence of assumed identity
SECTION 15KY Requests from a participating jurisdiction for evidence of assumed identity
SECTION 15KZ Directions from a participating jurisdiction to cancel evidence of assumed identity
SECTION 15L Indemnity for issuing agencies and officers
SECTION 15LA Application of this Part to authorities under corresponding laws
Division 6 - Compliance and Monitoring
Subdivision A - Misuse of Assumed Identity and Information
SECTION 15LB Misuse of assumed identity
SECTION 15LC Disclosing information about assumed identity
Subdivision B - Reporting and record-keeping
SECTION 15LD Reports about authorities for assumed identities etc - law enforcement agencies
SECTION 15LE Reports about authorities for assumed identities etc - intelligence agencies
SECTION 15LF Record keeping
SECTION 15LG Audit of records
Division 7 - General
SECTION 15LH Delegation of chief officer ' s functions
Part IACA - Witness identity protection for operatives
Division 1 - Preliminary
SECTION 15M Definitions
SECTION 15MA Meaning of criminal proceeding
SECTION 15MB Meaning of civil proceeding
SECTION 15MC When a charge is outstanding or pending
Division 2 - Witness Identity Protection Certificates for Operatives
SECTION 15MD Application of Part
SECTION 15ME Witness identity protection certificate
SECTION 15MF Statutory declaration by operative
SECTION 15MG Form of witness identity protection certificate
SECTION 15MH Filing and notification
SECTION 15MI Leave for non-compliance
SECTION 15MJ Effect of witness identity protection certificate
SECTION 15MK Orders to protect operative's identity etc
SECTION 15ML Disclosure of operative's identity to presiding officer
SECTION 15MM Disclosure of operative's identity etc despite certificate
SECTION 15MN Application for leave - joinder as respondent
SECTION 15MO Directions to jury
SECTION 15MP Appeals and adjournments
SECTION 15MQ Witness identity protection certificate - cancellation
SECTION 15MR Permission to give information disclosing operative's identity etc
SECTION 15MS Disclosure offences
SECTION 15MT Evidentiary certificates
SECTION 15MU Reports about witness identity protection certificates
Division 3 - Mutual Recognition under Corresponding Laws
SECTION 15MW Recognition of witness identity protection certificates under corresponding laws
Division 4 - General
SECTION 15MX Delegation
Part IAD - Protecting vulnerable persons
Division 1 - Introduction
SECTION 15Y Proceedings to which this Part applies
SECTION 15YA Definitions
SECTION 15YAA Vulnerable adult complainants
SECTION 15YAB Special witnesses
Division 2 - Admissibility of evidence
SECTION 15YB Evidence of sexual reputation
SECTION 15YC Evidence of sexual experience
SECTION 15YD Leave under this division
Division 3 - Cross-examination
SECTION 15YE Disallowing inappropriate or aggressive cross-examination
SECTION 15YF Unrepresented defendants - cross-examination of child complainants
SECTION 15YG Unrepresented defendants - cross-examination of vulnerable persons
SECTION 15YH Represented defendants - cross-examination of vulnerable persons
SECTION 15YHA Committal proceedings - cross-examination of vulnerable persons
Division 4 - Special facilities for vulnerable persons to give evidence
SECTION 15YI Closed-circuit television
SECTION 15YJ Giving evidence by closed-circuit television
SECTION 15YK Viewing evidence given by closed-circuit television
SECTION 15YL Alternative arrangements for giving evidence
Division 5 - Use of video recordings
SECTION 15YM Use of video recordings
SECTION 15YN Admissibility of evidence given using video recordings
Division 5A - Special rules for later trials
SECTION 15YNA When this Division applies
SECTION 15YNB Original evidence admissible in new proceeding
SECTION 15YNC Vulnerable person not to be made to give further evidence
SECTION 15YND Defendants ' access to video recordings
SECTION 15YNE Warnings etc. not to be given about vulnerable persons ' evidence
SECTION 15YNF Division applies despite other rules of evidence
Division 6 - Miscellaneous
SECTION 15YO Adults accompanying vulnerable persons
SECTION 15YP Excluding people from the courtroom
SECTION 15YQ Warnings etc. not to be given about vulnerable persons ' evidence
SECTION 15YR Publication identifying child witnesses, child complainants or vulnerable adult complainants
SECTION 15YS General powers of a court
SECTION 15YT Other video link evidence provisions are unaffected
Part IAE - Video link evidence in proceedings for terrorism and related offences etc.
SECTION 15YU Proceedings to which this Part applies
SECTION 15YV When court may take evidence by video link
SECTION 15YW Observers
SECTION 15YX Adjournment after a section 15YV direction or order etc.
SECTION 15YY Technical requirements for video link
SECTION 15YZ Direction to jury
SECTION 15YZA Application of laws about witnesses
SECTION 15YZB Administration of oaths and affirmations
SECTION 15YZC Expenses
SECTION 15YZD Appeals against section 15YV directions or orders etc.
SECTION 15YZE Other laws about evidence not affected
SECTION 15YZF Saving of other laws
Part IB - Sentencing, imprisonment and release of federal offenders
Division 1 - Interpretation
SECTION 16 Interpretation
SECTION 16AAAA Victim impact statements
Division 2 - General sentencing principles
SECTION 16A Matters to which court to have regard when passing sentence etc. - federal offences
SECTION 16AA Matters to which court to have regard when passing sentence etc. - Northern Territory offences
SECTION 16AAA Minimum penalties for certain offences
SECTION 16AAB Second or subsequent offence
SECTION 16AAC Exclusions and reductions - minimum penalties
SECTION 16AB Matters relating to victim impact statements
SECTION 16AC Reduction for cooperation with law enforcement agencies
SECTION 16B Court to have regard to other periods of imprisonment required to be served
SECTION 16BA Taking other offences into account
SECTION 16C Fines
SECTION 16D No corporal punishment
Division 3 - Sentences of imprisonment
SECTION 16E Commencement of sentences
SECTION 16F Court to explain sentence
SECTION 16G Federal sentence to be adjusted if no State or Territory remission laws apply
SECTION 17A Restriction on imposing sentences
SECTION 17B Restriction on imposing sentences for certain minor offences
SECTION 18 Sentence of imprisonment
SECTION 19 Cumulative, partly cumulative or concurrent sentences
SECTION 19A Detention of person in State or Territory prisons
SECTION 19AA Remissions and reductions of sentences
Division 4 - The fixing of non-parole periods and the making of recognizance release orders
SECTION 19AB When court must fix non-parole period
SECTION 19AC When court must fix a recognizance release order
SECTION 19AD Persons already subject to a non-parole period
SECTION 19AE Persons already subject to recognizance release order
SECTION 19AF Non-parole period or pre-release periods not to exceed sentence
SECTION 19AG Non-parole periods for sentences for certain offences
FORMER SECTION 19AG Non-applicability of State or Territory remission or reduction laws to be taken into account
SECTION 19AH Failure to fix non-parole period or make recognizance release order
SECTION 19AHA Rectification of errors etc. in sentences, non-parole periods and recognizance release orders
SECTION 19AJ Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment
SECTION 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
SECTION 19AKA Purposes of parole
SECTION 19AL Release on parole - making of parole order
SECTION 19ALA Matters that may be considered in decisions about parole orders
SECTION 19ALB Decisions about parole orders - terrorism and control orders
SECTION 19AM Release on parole - when is a person released
SECTION 19AMA Release on parole - parole period
SECTION 19AN Parole order is subject to conditions
SECTION 19AP Release on licence
SECTION 19APA Amendment of parole orders and licences
SECTION 19APB Effect of parole order and licence on sentence
Subdivision B - Revocation of parole order or license
SECTION 19AQ Parole order or licence revoked following further offence
SECTION 19AR Fixing of non-parole period etc. where parole or licence taken to be revoked under section 19AQ
SECTION 19AS Court to issue warrant of detention where person required to serve balance of sentence
SECTION 19AT What happens when later conviction is quashed?
SECTION 19AU Attorney-General may revoke parole order or licence
SECTION 19AV Arrest of person whose parole order or licence revoked by Attorney-General
SECTION 19AW Where person on parole or licence notified of revocation
SECTION 19AX Where person on parole or licence not notified of revocation
SECTION 19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
SECTION 19AZ Evidence before prescribed authority
SECTION 19AZA Disobedience of summons etc.
SECTION 19AZB Can person be released on parole or licence if earlier parole order or licence revoked?
SECTION 19AZC Effect of parole order and licence on sentence
Subdivision C - State and Territory laws providing for leave of absence, pre-release etc.
SECTION 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
SECTION 19B Discharge of offenders without proceeding to conviction
SECTION 20 Conditional release of offenders after conviction
SECTION 20A Failure to comply with condition of discharge or release
SECTION 20AA Power to discharge or vary conditions of recognizance
SECTION 20AB Additional sentencing alternatives
SECTION 20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1)
Division 6 - Unfitness to be tried
SECTION 20B Consequences of preliminary finding that person unfit to be tried
SECTION 20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
SECTION 20BB Persons found by a court to be likely to be fit within 12 months
SECTION 20BC Persons found by a court not to be likely to be fit within 12 months
SECTION 20BD Review by Attorney-General
SECTION 20BE Attorney-General may order release
SECTION 20BF Release order may be revoked
SECTION 20BG Attorney-General to review detention of persons taken back into detention
SECTION 20BH State or Territory mental health authorities to be notified of certain releases
SECTION 20BI Appeals against some Victorian jury findings of unfitness to be tried
Division 7 - Acquittal because of mental illness
SECTION 20BJ Acquittal where person mentally ill
SECTION 20BK Review by Attorney-General
SECTION 20BL Attorney-General may order release
SECTION 20BM Release order may be revoked
SECTION 20BN Attorney-General to review detention of persons taken back into detention
SECTION 20BP State or Territory authorities to be notified of certain releases
Division 8 - Summary disposition of persons suffering from mental illness or intellectual disability
SECTION 20BQ Person suffering from mental illness or intellectual disability
SECTION 20BR Means by which court may be informed
Division 9 - Sentencing alternatives for persons suffering from mental illness or intellectual disability
SECTION 20BS Hospital orders
SECTION 20BT Lesser periods of imprisonment fixed under hospital orders
SECTION 20BU Discharge of hospital orders
SECTION 20BV Psychiatric probation orders
SECTION 20BW Breach of psychiatric probation orders
SECTION 20BX Enforcement of psychiatric probation orders
SECTION 20BY Program probation orders
Division 9A - Sharing information relevant to federal offenders
SECTION 20BZ DEFINITIONS
SECTION 20BZA AUTHORISED OFFICERS MAY REQUEST OR REQUIRE INFORMATION RELEVANT TO FEDERAL OFFENDERS
SECTION 20BZB AUTHORISED OFFICERS MAY DISCLOSE FEDERAL OFFENDER INFORMATION
SECTION 20BZC DELEGATION
Division 10 - Miscellaneous
SECTION 20C Offences by children and young persons
SECTION 21B Reparation for offences
SECTION 21D Prerogative of mercy and other Commonwealth laws unaffected
SECTION 21E Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused
SECTION 21F Prescribed authorities and parole officers
SECTION 22 Conditions etc. that a court may impose on certain offenders
SECTION 22A State orders relating to Australian travel documents
Part IC - Investigation of Commonwealth offences
Division 1 - Introduction
SECTION 23 Outline of this part
SECTION 23A Application of Part
SECTION 23AA How this Part applies to the Antarctic Territories
SECTION 23B Definitions
Division 2 - Powers of detention
Subdivision A - Non-terrorism offences
SECTION 23C Period of investigation if arrested for a non-terrorism offence
SECTION 23CA Period of arrest if arrested for terrorism offence
SECTION 23CB Specifying time during which suspension or delay of questioning may be disregarded
SECTION 23D Application may be made for extension of investigation period
SECTION 23DA Magistrate may extend investigation period
Subdivision B - Terrorism offences
SECTION 23DB Period of investigation if arrested for a terrorism offence
SECTION 23DC Time during which suspension or delay of questioning may be disregarded - application
SECTION 23DD Time during which suspension or delay of questioning may be disregarded - time specified by magistrate
SECTION 23DE Application may be made for extension of investigation period
SECTION 23DF Magistrate may extend investigation period
Subdivision C - Miscellaneous
SECTION 23E Evidentiary provisions if application made by electronic means
Division 3 - Obligations of investigating officials
SECTION 23F Cautioning persons who are under arrest or protected suspects
SECTION 23G Right to communicate with friend, relative and legal practitioner
SECTION 23H Aboriginal persons and Torres Strait Islanders
SECTION 23J Lists of interview friends and interpreters
SECTION 23K Persons under 18
SECTION 23L Exceptions
SECTION 23M Providing information relating to persons who are under arrest or protected suspects
SECTION 23N Right to interpreter
SECTION 23P Right of non-Australian nationals to communicate with consular office
SECTION 23Q Treatment of persons under arrest
SECTION 23R No power to make arrests
SECTION 23S Right to remain silent etc. not affected
SECTION 23T Acts authorised under other laws
SECTION 23U Tape recording of information required to be given to person under arrest
SECTION 23V Tape recording of confessions and admissions
SECTION 23W Proof of belief
Part ID - Forensic procedures
Division 1 - Explanation of expressions used
SECTION 23WA Definitions
SECTION 23WB Interview friends
Division 2 - Authority and time limits for forensic procedures on suspects: summary of rules
SECTION 23WC How forensic procedures may be authorised in different circumstances
SECTION 23WCA Time limits for carrying out forensic procedures
Division 3 - Forensic procedures on suspect by consent
SECTION 23WD Forensic procedure may be carried out with informed consent of suspect
SECTION 23WE People who cannot consent to forensic procedures
SECTION 23WF Informed consent to forensic procedures - general
SECTION 23WG Informed consent to forensic procedures - Aboriginal persons and Torres Strait Islanders
SECTION 23WH Constable may request suspect to consent to forensic procedure
SECTION 23WI Matters to be considered by constable before requesting consent to forensic procedure
SECTION 23WJ Matters that suspect must be informed of before giving consent
SECTION 23WK Withdrawal of consent
SECTION 23WL Recording of giving of information and suspect's responses
SECTION 23WLA Time for carrying out forensic procedure - suspect not in custody
Division 4 - Non-intimate forensic procedures on suspect by order of senior police officer
SECTION 23WM Non-intimate forensic procedure may be carried out by order of senior police officer
SECTION 23WN Circumstances in which senior police officer may order non-intimate forensic procedures
SECTION 23WO Matters to be considered by senior police officer before ordering forensic procedure
SECTION 23WP Record of senior police officer ' s order
Division 5 - Forensic procedures on suspect by order of a magistrate
Subdivision A - General
SECTION 23WQ Forensic procedure may be carried out by order of magistrate
SECTION 23WR Circumstances in which magistrate may order forensic procedure
Subdivision B - Final orders
SECTION 23WS Final order for carrying out of forensic procedure
SECTION 23WT Matters to be considered by magistrate before ordering forensic procedure
SECTION 23WU Application for order
SECTION 23WV Securing the presence of suspect at hearing - suspect in custody
SECTION 23WW Securing the presence of suspect at hearing - suspect not in custody
SECTION 23WX Procedure at hearing of application for order
SECTION 23WY Making of order
Subdivision C - Interim orders
SECTION 23XA Interim order for carrying out of a forensic procedure
SECTION 23XB Application for interim order
SECTION 23XC Procedure at hearing of application for interim order
SECTION 23XD Making of interim order
SECTION 23XE Records of application and interim order
SECTION 23XF Suspect may be prevented from destroying or contaminating evidence
SECTION 23XG Results of forensic procedure carried out under interim order
Subdivision D - Time limits for forensic procedures ordered by magistrates
SECTION 23XGA Application
SECTION 23XGB Time for carrying out forensic procedure - suspect not in custody
SECTION 23XGC Arrest of suspect not in custody
SECTION 23XGD Time for carrying out forensic procedure - suspect in custody
Subdivision E - Reports of proceedings under Division
SECTION 23XH Restrictions on publication
Division 6 - Carrying out forensic procedures on suspects
Subdivision A - General provisions
SECTION 23XI General rules for carrying out forensic procedures
SECTION 23XIA No questioning during forensic procedure
SECTION 23XIB Suspect must be cautioned before forensic procedure starts
SECTION 23XJ Use of force in carrying out forensic procedures
SECTION 23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner
SECTION 23XL Taking of hair samples
Subdivision B - Persons involved in forensic procedures
SECTION 23XM Persons who may carry out forensic procedures
Subdivision C - Further provisions about who may carry out forensic procedures
SECTION 23XN Certain forensic procedures generally to be carried out by person of same sex as suspect
SECTION 23XO Person may get help to carry out forensic procedures
Subdivision D - Presence of other people while forensic procedure is carried out
SECTION 23XP Medical practitioner or dentist of suspect's choice may be present for intimate forensic procedures
SECTION 23XQ Presence of interview friend or legal representative - children and incapable persons
SECTION 23XR Presence of interview friend or legal representative - Aboriginal persons and Torres Strait Islanders
SECTION 23XS Presence of constables
SECTION 23XSA Presence of prison officers
Subdivision E - Recording of forensic procedure
SECTION 23XT Recording of forensic procedure
Subdivision F - Procedure after forensic procedure is carried out
SECTION 23XU Samples - sufficient material to share
SECTION 23XUA Samples - insufficient material to share
SECTION 23XV Photographs
SECTION 23XW Results of analysis
SECTION 23XWA Preventing the carrying out of forensic procedure
Division 6A - Carrying out of certain forensic procedures after conviction of serious and prescribed offenders
SECTION 23XWB Forensic procedures to which Division applies
SECTION 23XWC Non-intimate forensic procedures authorised to be carried out on offenders
SECTION 23XWD Intimate forensic procedures authorised to be carried out on serious offenders
SECTION 23XWE Application of Division 6
SECTION 23XWF Scope of authorisation
SECTION 23XWG Informed consent to forensic procedures
SECTION 23XWH Constable may request offender to consent to forensic procedure
SECTION 23XWI Matters to be considered by constable before requesting consent to forensic procedure
SECTION 23XWJ Matters that offender must be informed of before giving consent
SECTION 23XWK Circumstances in which constable may order non-intimate forensic procedure
SECTION 23XWL Matters to be considered by constable
SECTION 23XWM Recording of giving of information and consent
SECTION 23XWN Record of constable's order
SECTION 23XWNA Circumstances in which judge or magistrate may order forensic procedure
SECTION 23XWO Judge or magistrate order for carrying out forensic procedure on offender
SECTION 23XWOA Securing the presence of offender at hearing - offender in custody
SECTION 23XWOB Securing the presence of offender at hearing - offender not in custody
SECTION 23XWP Carrying out forensic procedure following conviction
Division 6B - Carrying out of forensic procedures on volunteers and certain other persons
SECTION 23XWQ Carrying out of forensic procedures on volunteers
SECTION 23XWR Informed consent of volunteer or parent or guardian of volunteer
SECTION 23XWS Recording of giving of information and consent
SECTION 23XWT Withdrawal of consent
SECTION 23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
SECTION 23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
Division 7 - Admissibility of evidence
Subdivision A - Forensic evidence
SECTION 23XX Inadmissibility of evidence from improper forensic procedures etc.
SECTION 23XY Inadmissibility of evidence where forensic material required to be destroyed
Subdivision B - Other evidence
SECTION 23XZ Admissibility of evidence relating to consent to forensic procedure
SECTION 23YA Admissibility of evidence relating to carrying out of forensic procedure
SECTION 23YB Obstructing the carrying out of forensic procedure
Subdivision C - Application
SECTION 23YBA Division does not apply to a proceeding in a foreign country or an international tribunal
Division 8 - Destruction of forensic material
SECTION 23YBB Application
SECTION 23YC Destruction of forensic material where interim order disallowed
SECTION 23YD Destruction of forensic material after 12 months
SECTION 23YDAA Destruction of forensic material taken from offender after conviction quashed
SECTION 23YDAB Destruction of forensic material where related evidence is inadmissible
Division 8A - Commonwealth and State/Territory DNA database systems
SECTION 23YDAC Definitions
SECTION 23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems
SECTION 23YDAD Supply of forensic material for purposes of DNA database
SECTION 23YDAE Use of information on Commonwealth DNA database system or NCIDD
SECTION 23YDAF Permissible matching of DNA profiles
SECTION 23YDAG Recording, retention and removal of identifying information on Commonwealth DNA database system
Division 9 - General provisions relating to operation of this Part
SECTION 23YDA Interpreters
SECTION 23YE Powers etc. of legal representatives and interview friends
SECTION 23YF Obligation of investigating constables relating to tape recordings
SECTION 23YG Material required to be made available to suspect
SECTION 23YH No charge to be made for giving material etc. to suspects, offenders and volunteers
SECTION 23YI Proof of belief or suspicion
SECTION 23YJ Proof of impracticability
SECTION 23YJA Proof that time should be disregarded
SECTION 23YK Proof of voluntary waiver of certain rights
SECTION 23YKA Application of sections 23YI to 23YK
SECTION 23YL Liability for forensic procedures
SECTION 23YM Experts not obliged to carry out forensic procedures
SECTION 23YN Retention of electronic recordings
SECTION 23YO DISCLOSURE OF INFORMATION
SECTION 23YP Taking, retention and use of forensic material
SECTION 23YPA Analysis of forensic material
SECTION 23YQ Commissioner may delegate functions and powers
Division 9A - Carrying out forensic procedures at the request of a foreign country or international tribunal
Subdivision A - Requests by foreign countries or international tribunals
SECTION 23YQA Application of Subdivision
SECTION 23YQB Providing evidence and material resulting from the forensic procedure
Subdivision B - Requests by a foreign law enforcement agency
SECTION 23YQC Application of Subdivision
SECTION 23YQD Providing forensic material etc. to a foreign law enforcement agency
Division 10 - Operation of this Part and effect on other laws
SECTION 23YQE Part does not apply to persons under 10
SECTION 23YR Relationship with Part IAA
SECTION 23YS Relationship with Part IC
SECTION 23YT Part does not apply to forensic procedures on non-suspects
SECTION 23YU Application of other laws
Division 11 - Interjurisdictional enforcement
SECTION 23YUA Definitions
SECTION 23YUB Registration of orders
SECTION 23YUC Carrying out of registered orders
SECTION 23YUD Database Information
SECTION 23YUDA Arrangements with prisons or other places of detention
Division 11A - Operation of this Part in relation to certain incidents
SECTION 23YUE Definitions
SECTION 23YUF Application of this Division
SECTION 23YUG Use of information on DNA database systems
SECTION 23YUH Permissible matching of DNA profiles
SECTION 23YUI Disclosure of information
SECTION 23YUJ This Division does not restrict operation of this Part
SECTION 23YUK Review of operation of this Division
Division 12 - Review of operation of Part
SECTION 23YV Review of operation of Part
Part IE - Forfeiture of child abuse material
Division 1 - Things this Part applies to
SECTION 23ZA Application
Division 2 - Forfeiture by operation of law after notice is given
SECTION 23ZB Forfeiture of material by operation of law
SECTION 23ZC Providing copies of innocuous parts of material to be forfeited
Division 3 - Forfeiture by court order on application
SECTION 23ZD Forfeiture of material by court order on application
Division 4 - Provisions relating to forfeiture under this Part generally
SECTION 23ZE Effect of forfeiture under this Part
SECTION 23ZF Compensation for forfeiture of electronic equipment etc
SECTION 23ZG Delegation by head of police force
Part II - Offences against the Government
SECTION 24 Treason
SECTION 24AA Treachery
SECTION 24AB Sabotage
SECTION 24AC Institution of prosecutions
SECTION 24A Definition of seditious intention
SECTION 24B Definition of seditious enterprise
SECTION 24C Seditious enterprises
SECTION 24D Seditious words
SECTION 24E Punishment of offences
SECTION 24F Certain acts done in good faith not unlawful
SECTION 25 Inciting mutiny
SECTION 26 Assisting prisoners of war to escape
SECTION 27 Unlawful drilling
SECTION 28 Interfering with political liberty
SECTION 29 Destroying or damaging Commonwealth property
SECTION 29A FALSE PRETENCES
SECTION 29B FALSE REPRESENTATION
SECTION 29C STATEMENTS IN APPLICATIONS FOR GRANT OF MONEY ETC.
SECTION 29D FRAUD
SECTION 30 SEIZING GOODS IN COMMONWEALTH CUSTODY
Part IIA - Protection of public and other services
SECTION 30A Unlawful associations
SECTION 30AA Application for declaration as to unlawful association
SECTION 30AB Attorney-General may require information
SECTION 30B Officers of unlawful associations
SECTION 30C Advocating or inciting to crime
SECTION 30D Giving or soliciting contributions for unlawful associations
SECTION 30E Books etc. issued by unlawful association not transmissible by post
SECTION 30F Prohibition of sale of books etc. issued by unlawful association
SECTION 30FA Imprints on publications
SECTION 30FC Owner etc. of building permitting meeting of unlawful association
SECTION 30FD Disqualification from voting of member of unlawful association
SECTION 30G Forfeiture of property held by an unlawful association
SECTION 30H Proof of membership of an association
SECTION 30J Industrial disturbances, lock-outs and strikes
SECTION 30K Obstructing or hindering the performance of services
SECTION 30R Books etc. taken to have been issued by associations
Part III - Offences relating to the administration of justice
Division 1 - Preliminary
SECTION 31 JUDICIAL PROCEEDING AND TRIBUNAL DEFINITIONS
SECTION 32 Judicial corruption
SECTION 33 OFFICIAL CORRUPTION IN RELAITON TO OFFENCES
Division 2 - Judges and magistrates
SECTION 34 JUDGE OR MAGISTRATE ACTING OPPRESSIVELY OR WHEN INTERESTED
Division 3 - Evidence and witnesses
SECTION 35 GIVING FALSE TESTIMONY
SECTION 36 FABRICATING EVIDENCE
SECTION 36A INTIMIDATION OF WITNESSES ETC.
SECTION 37 CORRUPTION OF WITNESSES
SECTION 38 DECEIVING WITNESSES
SECTION 39 DESTROYING EVIDENCE
SECTION 40 PREVENTING WITNESSES FROM ATTENDING COURT
Division 4 - Perverting the course of justice
SECTION 41 Conspiracy to bring false accusation
SECTION 42 CONSPIRACY TO DEFEAT JUSTICE
SECTION 43 ATTEMPTING TO PERVERT JUSTICE
SECTION 44 COMPOUNDING OFFENCES
SECTION 45 INSERTING ADVERTISEMENTS WITHOUT AUTHORITY OF COURT
Division 5 - Escape from criminal detention
SECTION 45A CRIMINAL DETENTION DEFINITIONS
SECTION 46 AIDING PRISONER TO ESCAPE
SECTION 46A AIDING PRISONER TO ESCAPE - CONVEYING THING INTO PRISON ETC.
SECTION 47 ESCAPING
SECTION 47A RESCUING A PRISONER FROM CUSTODY ETC.
SECTION 47B PERSON UNLAWFULLY AT LARGE
SECTION 47C PERMITTING ESCAPE
SECTION 48 HARBOURING ETC. AN ESCAPEE
SECTION 48A Sentence ceases to run while escaped prisoner at large
Division 6 - Seized property
SECTION 49 REMOVING PROPERTY UNDER SEIZURE
SECTION 50 OBSTRUCTING OFFICERS OF COURT
Part IIIA - Child sex tourism
Division 1 - Preliminary
SECTION 50AA General
SECTION 50AB Meaning of act of indecency
SECTION 50AC Meaning of sexual intercourse
SECTION 50AD Who can be prosecuted for an offence committed overseas
Division 2 - Sexual offences against children overseas
SECTION 50BA Sexual intercourse with child under 16
SECTION 50BB Inducing child under 16 to engage in sexual intercourse
SECTION 50BC Sexual conduct involving child under 16
SECTION 50BD Inducing child under 16 to be involved in sexual conduct
Division 3 - Defences
SECTION 50CA Defence based on belief about age
SECTION 50CB Defence based on valid and genuine marriage
SECTION 50CC Defence must be proved on balance of probabilities
SECTION 50CD Jury may consider reasonableness of alleged belief
Division 4 - Offences of benefiting from, or encouraging, offences against this Part
SECTION 50DA Benefiting from offence against this Part
SECTION 50DB Encouraging offence against this Part
Division 5 - Video link evidence
SECTION 50EA When court may take evidence by video link
SECTION 50EB Motion of parties
SECTION 50EC Technical requirements for video link
SECTION 50ED Application of laws about witnesses
SECTION 50EE Administration of oaths and affirmations
SECTION 50EF Expenses
SECTION 50EG Other laws about foreign evidence not affected
Division 6 - Other rules about conduct of trials
SECTION 50FA Certain material taken to be evidence of age
SECTION 50FB Alternative verdicts
SECTION 50FC Double jeopardy
SECTION 50FD Sentencing
Division 7 - Saving of other laws
SECTION 50GA Saving of other laws
Part IV - Piracy
SECTION 51 Interpretation
SECTION 52 Piracy
SECTION 53 Operating a pirate-controlled ship or aircraft
SECTION 54 Seizure of pirate ships and aircraft etc.
SECTION 55 Written consent of Attorney-General required
SECTION 56 Evidence of certain matters
Part V - Forgery
SECTION 63 WHAT AMOUNTS TO FORGERY
SECTION 64 WHAT AMOUNTS TO UTTERING
SECTION 65 FORGERY OF SEALS
SECTION 66 FORGERY OF OFFICIAL SIGNATURES
SECTION 67 FORGERY OF COMMONWEALTH DOCUMENTS ETC.
SECTION 68 FORGING OFFICIAL MARKS
SECTION 69 MAKING SPECIAL PAPER ETC.
Part VI - Offences by and against public officers
SECTION 70 DISCLOSURE OF INFORMATION BY COMMONWEALTH OFFICERS
SECTION 71 STEALING PROPERTY OF THE COMMONWEALTH
SECTION 71A PROOF OF GENERAL DEFICIENCY SUFFICIENT
SECTION 72 FALSIFICATION OF BOOKS OR RECORDS BY OFFICERS
SECTION 73 CORRUPTION AND BRIBERY OF COMMONWEALTH OFFICERS
SECTION 73A CORRUPTION AND BRIBERY OF MEMBERS OF THE PARLIAMENT
SECTION 74 FALSE RETURNS OR CERTIFICATES BY OFFICERS
SECTION 75 PERSONATING PUBLIC OFFICERS
SECTION 76 OBSTRUCTING ETC. PUBLIC OFFICERS
Part VIA - Offences relating to computers
SECTION 76A Interpretation
SECTION 76B Unlawful access to data in Commonwealth and other computers
SECTION 76C Damaging data in Commonwealth and other computers
SECTION 76D Unlawful access to data in Commonwealth and other computers by means of Commonwealth facility
SECTION 76E Damaging data in Commonwealth and other computers by means of Commonwealth facility
SECTION 76F Saving of State and Territory laws
Part VII - Official secrets and unlawful soundings
SECTION 77 Interpretation
SECTION 78 Espionage and similar activities
SECTION 79 Official secrets
SECTION 80 Prohibited places
SECTION 81 Harbouring spies
SECTION 83 Unlawful soundings
SECTION 83A Illegal use of uniforms, official permits, impersonation etc.
SECTION 83B Arrest without warrant of offenders against this Part
SECTION 84 Arrest of persons in or about prohibited places
SECTION 84A Search of suspects
SECTION 85 Institution of prosecution
SECTION 85A Offences by companies etc.
SECTION 85B Hearing in camera etc.
SECTION 85C Imprints to be evidence
SECTION 85D Forfeiture of articles etc.
Part VIIA - Offences relating to postal services
SECTION 85E Interpretation - definitions
SECTION 85F Interpretation - expressions used in Australian Postal Corporation Act
SECTION 85G Forgery of postage stamps etc.
SECTION 85H Special paper for postage stamps
SECTION 85J FRAUDULENTLY REMOVING POSTAGE STAMPS
SECTION 85K STEALING ARTICLES IN THE COURSE OF POST ETC.
SECTION 85L TAMPERING WITH MAIL-BAGS
SECTION 85M IMPROPERLY OBTAINING ARTICLES IN THE COURSE OF POST
SECTION 85N Wrongful delivery of postal article etc.
SECTION 85P STEALING POSTAL MESSAGES ETC.
SECTION 85Q Forgery of postal messages etc.
SECTION 85R Wrongful delivery of postal messages
SECTION 85S Improper use of postal services
SECTION 85T Sending false postal messages
SECTION 85U Obstructing carriage of articles by post
SECTION 85V Interference with property of Australia Post
SECTION 85W Causing controlled drugs or controlled plants to be carried by post
SECTION 85X Causing dangerous things etc. to be carried by post
SECTION 85Y Hoax explosives etc.
SECTION 85Z Articles carried by post to be taken to be Australia Post's property
SECTION 85ZA Postage stamps to be valuable securities etc.
Part VIIB - Offences relating to telecommunications
SECTION 85ZB Interpretation - definitions
SECTION 85ZBA Interpretation - person acting for a carrier
SECTION 85ZC Interpretation - expressions used in Telecommunications Act
SECTION 85ZD Wrongful delivery of communications
SECTION 85ZE Improper use of carriage services
SECTION 85ZF DEFRAUDING A CARRIER
SECTION 85ZG Interference with carriage services
SECTION 85ZH Sending signals to satellite
SECTION 85ZJ Interference with carrier facilities
SECTION 85ZK Equipment used for unlawful purposes etc.
SECTION 85ZKA Unauthorised call - switching devices prohibited
SECTION 85ZKB Interception devices prohibited
PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS
Division 1 - Interpretation and application of Part
SECTION 85ZL INTERPRETATION OF PART
SECTION 85ZM MEANING OF ``CONVICTION'' AND ``SPENT'' CONVICTION
SECTION 85ZN MEANING OF ``QUASH''
SECTION 85ZP APPLICATION OF PART
SECTION 85ZQ PART BINDS THE CROWN
Division 2 - Pardons for persons wrongly convicted, and quashed convictions
SECTION 85ZR PARDONS FOR PERSONS WRONGLY CONVICTED
SECTION 85ZS EFFECT OF PARDONS FOR PERSONS WRONGLY CONVICTED
SECTION 85ZT QUASHED CONVICTIONS
SECTION 85ZU EFFECT OF QUASHED CONVICTIONS
Division 3 - Spent convictions
SECTION 85ZV SPENT CONVICTIONS
SECTION 85ZW EFFECT OF RIGHT OF NON-DISCLOSURE
Division 4 - Convictions of further offences
SECTION 85ZX CONVICTIONS OF FURTHER COMMONWEALTH OR TERRITORY OFFENCES
SECTION 85ZY CONVICTIONS OF FURTHER STATE OR FOREIGN OFFENCES
Division 5 - Complaints to Information Commissioner
SECTION 85ZZ INFORMATION COMMISSIONER'S FUNCTIONS
SECTION 85ZZA COMPLAINTS TO THE INFORMATION COMMISSIONER
SECTION 85ZZB IDENTITY OF RESPONDENT TO COMPLAINT
SECTION 85ZZC INVESTIGATION OF COMPLAINTS
SECTION 85ZZD DETERMINATIONS OF INFORMATION COMMISSIONER
SECTION 85ZZE PAYMENT OF COMPENSATION OR EXPENSES
SECTION 85ZZF ENFORCEMENT OF DETERMINATION OR RECOMMENDATION
SECTION 85ZZG APPLICATION OF PRIVACY ACT
Division 6 - Exclusions
Subdivision A - Exclusions relating to work with children (Divisions 2 and 3)
SECTION 85ZZGA Object of Subdivision
SECTION 85ZZGB Exclusion: disclosing information to a person or body
SECTION 85ZZGC Exclusion: person or body taking information into account
SECTION 85ZZGD Exclusion: person or body disclosing information
SECTION 85ZZGE Prescribed persons and bodies
SECTION 85ZZGF Definitions
SECTION 85ZZGG Review of operation of this Subdivision
Subdivision AA - Exclusions relating to work with persons with disability (Divisions 2 and 3)
SECTION 85ZZGH Object of Subdivision
SECTION 85ZZGI Exclusion: disclosing information to a person or body
SECTION 85ZZGJ Exclusion: person or body taking information into account
SECTION 85ZZGK Exclusion: person or body disclosing information
SECTION 85ZZGL Prescribed persons and bodies
SECTION 85ZZGM Definitions
SECTION 85ZZGN Reviews of operation of this Subdivision
Subdivision B - Exclusions (Division 3)
SECTION 85ZZH EXCLUSIONS
SECTION 85ZZJ FURTHER EXCLUSIONS - LAW ENFORCEMENT AGENCIES
SECTION 85ZZJA FURTHER EXCLUSIONS - AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION
Subdivision C - Other matters
SECTION 85ZZK FAIR REPORTING: PARDONS AND QUASHED CONVICTIONS
SECTION 85ZZL CRIMINAL PROCEEDINGS BEFORE THE FEDERAL COURT OF AUSTRALIA
Part VIID - Collecting, using and disclosing personal information that may be relevant for integrity purposes
SECTION 86B Simplified outline of this Part
SECTION 86C Target entity may collect sensitive information for integrity purpose
SECTION 86D Target entity may use personal information for integrity purpose
SECTION 86E Disclosure of personal information to target entity for integrity purpose
SECTION 86F This Part does not limit other laws
### Guidelines on the operation of this Part
Part VIII - Miscellaneous
SECTION 86 Conspiracy
SECTION 87 False certificates
SECTION 88 BUYING OR SELLING OFFICES
SECTION 89 Trespassing on Commonwealth land
SECTION 89A Discharging firearms on or over Commonwealth land
SECTION 90 Trespass by cattle or live stock
SECTION 90A Destroying etc. posters etc. relating to Commonwealth loans
SECTION 90B False statements in documents filed etc. under laws of a Territory
SECTION 91 Regulations
Schedule - Form of explanation under section 23V

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