Legal database - View: Criminal Code Act 1995

Criminal Code Act 1995
SECTION 1 Short title
SECTION 2 Commencement
SECTION 3 The Criminal Code
SECTION 3A External Territories
SECTION 3B Offshore installations
SECTION 4 Definitions
SECTION 5 Regulations
Schedule - The Criminal Code
CHAPTER 1 - CODIFICATION
Division 1
SECTION 1.1 Codification
CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
Part 2.1 - Purpose and application
Division 2
SECTION 2.1 Purpose
SECTION 2.2 Application
SECTION 2.3 Application of provisions relating to intoxication
Part 2.2 - The elements of an offence
Division 3 - General
SECTION 3.1 Elements
SECTION 3.2 Establishing guilt in respect of offences
Division 4 - Physical elements
SECTION 4.1 Physical elements
SECTION 4.2 Voluntariness
SECTION 4.3 Omissions
Division 5 - Fault elements
SECTION 5.1 Fault elements
SECTION 5.2 Intention
SECTION 5.3 Knowledge
SECTION 5.4 Recklessness
SECTION 5.5 Negligence
SECTION 5.6 Offences that do not specify fault elements
Division 6 - Cases where fault elements are not required
SECTION 6.1 Strict liability
SECTION 6.2 Absolute liability
Part 2.3 - Circumstances in which there is no criminal responsibility
Division 7 - Circumstances involving lack of capacity
SECTION 7.1 Children under 10
SECTION 7.2 Children over 10 but under 14
SECTION 7.3 Mental impairment
Division 8 - Intoxication
SECTION 8.1 Definition - self-induced intoxication
SECTION 8.2 Intoxication (offences involving basic intent)
SECTION 8.3 Intoxication (negligence as fault element)
SECTION 8.4 Intoxication (relevance to defences)
SECTION 8.5 Involuntary intoxication
Division 9 - Circumstances involving mistake or ignorance
SECTION 9.1 Mistake or ignorance of fact (fault elements other than negligence)
SECTION 9.2 Mistake of fact (strict liability)
SECTION 9.3 Mistake or ignorance of statute law
SECTION 9.4 Mistake or ignorance of subordinate legislation
SECTION 9.5 Claim of right
Division 10 - Circumstances involving external factors
SECTION 10.1 Intervening conduct or event
SECTION 10.2 Duress
SECTION 10.3 Sudden or extraordinary emergency
SECTION 10.4 Self-defence
SECTION 10.5 Lawful authority
Part 2.4 - Extensions of criminal responsibility
Division 11
SECTION 11.1 Attempt
SECTION 11.2 Complicity and common purpose
SECTION 11.2A Joint commission
SECTION 11.3 Commission by proxy
SECTION 11.4 Incitement
SECTION 11.5 Conspiracy
SECTION 11.6 References in Acts to offences
Part 2.5 - Corporate criminal responsibility
Division 12
SECTION 12.1 General principles
SECTION 12.2 Physical elements
SECTION 12.3 Fault elements other than negligence
SECTION 12.4 Negligence
SECTION 12.5 Mistake of fact (strict liability)
SECTION 12.6 Intervening conduct or event
Part 2.6 - Proof of criminal responsibility
Division 13
SECTION 13.1 Legal burden of proof - prosecution
SECTION 13.2 Standard of proof - prosecution
SECTION 13.3 Evidential burden of proof - defence
SECTION 13.4 Legal burden of proof - defence
SECTION 13.5 Standard of proof - defence
SECTION 13.6 Use of averments
Part 2.7 - Geographical jurisdiction
Division 14 - Standard geographical jurisdiction
SECTION 14.1 Standard geographical jurisdiction
Division 15 - Extended geographical jurisdiction
SECTION 15.1 Extended geographical jurisdiction - category A
SECTION 15.2 Extended geographical jurisdiction - category B
SECTION 15.3 Extended geographical jurisdiction - category C
SECTION 15.4 Extended geographical jurisdiction - category D
Division 16 - Miscellaneous
SECTION 16.1 Attorney-General ' s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
SECTION 16.2 When conduct taken to occur partly in Australia
SECTION 16.3 Meaning of Australia
SECTION 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
SECTION 70.1 Definitions
Subdivision B - Bribery of foreign public officials
SECTION 70.2 Bribing a foreign public official
SECTION 70.2A Improper influence
SECTION 70.3 Defence - conduct lawful in foreign public official ' s country
SECTION 70.4 Defence - facilitation payments
SECTION 70.5 Territorial and nationality requirements
Subdivision C - Failure to prevent bribery of foreign public officials
SECTION 70.5A Failing to prevent bribery of a foreign public official
SECTION 70.5B Guidance on preventing bribery of foreign public officials
Subdivision D - Miscellaneous
SECTION 70.5C Meaning of annual turnover
SECTION 70.5D Related bodies corporate
SECTION 70.6 Saving of other laws
Division 71 - Offences against United Nations and associated personnel
SECTION 71.1 Purpose
SECTION 71.2 Murder of a UN or associated person
SECTION 71.3 Manslaughter of a UN or associated person
SECTION 71.4 Intentionally causing serious harm to a UN or associated person
SECTION 71.5 Recklessly causing serious harm to a UN or associated person
SECTION 71.6 Intentionally causing harm to a UN or associated person
SECTION 71.7 Recklessly causing harm to a UN or associated person
SECTION 71.8 Unlawful sexual penetration
SECTION 71.9 Kidnapping a UN or associated person
SECTION 71.10 Unlawful detention of UN or associated person
SECTION 71.11 Intentionally causing damage to UN or associated person ' s property etc.
SECTION 71.12 Threatening to commit other offences
SECTION 71.13 Aggravated offences
SECTION 71.14 Defence - activities involving serious harm
SECTION 71.15 Defence - medical or hygienic procedures
SECTION 71.16 Jurisdictional requirement
SECTION 71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences
SECTION 71.18 Double jeopardy
SECTION 71.19 Saving of other laws
SECTION 71.20 Bringing proceedings under this Division
SECTION 71.21 Ministerial certificates relating to proceedings
SECTION 71.22 Jurisdiction of State courts preserved
SECTION 71.23 Definitions
Division 72 - Explosives and lethal devices
Subdivision A - International terrorist activities using explosive or lethal devices
SECTION 72.1 Purpose
SECTION 72.2 ADF members not liable for prosecution
SECTION 72.3 Offences
SECTION 72.4 Jurisdictional requirement
SECTION 72.5 Saving of other laws
SECTION 72.6 Double jeopardy and foreign offences
SECTION 72.7 Bringing proceedings under this Subdivision
SECTION 72.8 Ministerial certificates relating to proceedings
SECTION 72.9 Jurisdiction of State courts preserved
SECTION 72.10 Definitions
Subdivision B - Plastic explosives
SECTION 72.11 Purpose
SECTION 72.12 Trafficking in unmarked plastic explosives etc.
SECTION 72.13 Importing or exporting unmarked plastic explosives etc.
SECTION 72.14 Manufacturing unmarked plastic explosives etc.
SECTION 72.15 Possessing unmarked plastic explosives etc.
SECTION 72.16 Defences
SECTION 72.17 Packaging requirements for plastic explosives
SECTION 72.18 Authorisation for research etc.
SECTION 72.19 Authorisation for defence and police purposes - 15 year limit
SECTION 72.20 Authorisation for existing stocks - 3 year limit
SECTION 72.21 Authorisation of manufacturers - 6 month transitional period
SECTION 72.22 Authorisation for overseas defence purposes - 7 day limit
SECTION 72.23 Authorisation for overseas Australian Federal Police purposes - 7 day limit
SECTION 72.24 Forfeited plastic explosives
SECTION 72.25 Surrendered plastic explosives
SECTION 72.26 Destruction of plastic explosives obtained overseas for defence purposes
SECTION 72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes
SECTION 72.28 DELEGATION BY AFP MINISTER
SECTION 72.29 Delegation by Minister for Defence
SECTION 72.30 Review by Administrative Review Tribunal of authorisation decisions
SECTION 72.31 Geographical jurisdiction
SECTION 72.32 Saving of other laws
SECTION 72.33 Marking requirements
SECTION 72.34 Detection agents and minimum manufacture concentrations
SECTION 72.35 Presumption as to concentration of detection agent
SECTION 72.36 Definitions
Subdivision C - Cluster munitions and explosive bomblets
SECTION 72.37 Purpose
SECTION 72.38 Offences relating to cluster munitions
SECTION 72.39 Defence - acquisition or retention authorised by Defence Minister
SECTION 72.40 Defence - transfer for destruction etc.
SECTION 72.41 Defence - acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions
SECTION 72.42 Defence - acts by military personnel of countries not party to Convention on Cluster Munitions
SECTION 72.43 Forfeiture of cluster munition
SECTION 72.44 Application of this Subdivision to explosive bomblets
SECTION 72.45 Definitions
Division 73 - People smuggling and related offences
Subdivision A - People smuggling offences
SECTION 73.1 Offence of people smuggling
SECTION 73.2 Aggravated offence of people smuggling (danger of death or serious harm etc.)
SECTION 73.3 Aggravated offence of people smuggling (at least 5 people)
SECTION 73.3A Supporting the offence of people smuggling
SECTION 73.4 Jurisdictional requirement
SECTION 73.5 Attorney-General ' s consent required
Subdivision B - Document offences related to people smuggling and unlawful entry into foreign countries
SECTION 73.6 Meaning of travel or identity document
SECTION 73.7 Meaning of false travel or identity document
SECTION 73.8 Making, providing or possessing a false travel or identity document
SECTION 73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
SECTION 73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
SECTION 73.11 Taking possession of or destroying another person ' s travel or identity document
SECTION 73.12 Jurisdictional requirement
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH
Part 5.1 - Treason and related offences
Division 80 - Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Subdivision A - Preliminary
SECTION 80.1A Definitions
SECTION 80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B - Treason
SECTION 80.1 Treason
SECTION 80.1AA Treason - assisting enemy to engage in armed conflict
SECTION 80.1AB Proclamation of enemy engaged in armed conflict
SECTION 80.1AC Treachery
Subdivision C - Urging violence and advocating terrorism or genocide
SECTION 80.2 Urging violence against the Constitution etc.
SECTION 80.2A Urging violence against groups
SECTION 80.2B Urging violence against members of groups
SECTION 80.2C Advocating terrorism
SECTION 80.2D Advocating genocide
Subdivision CA - Publicly displaying, and trading in, prohibited symbols and giving Nazi salute
SECTION 80.2E Prohibited symbols
SECTION 80.2F Meaning of displayed in a public place
SECTION 80.2FA Meaning of makes a gesture in a public place
SECTION 80.2G Meaning of trades
SECTION 80.2H Public display of prohibited Nazi symbols or giving Nazi salute
SECTION 80.2HA Public display of prohibited terrorist organisation symbols
SECTION 80.2J Trading in prohibited Nazi symbols
SECTION 80.2JA Trading in prohibited terrorist organisation symbols
SECTION 80.2K Directions to cease display of prohibited symbols in public
SECTION 80.2L Directions to cease display of prohibited symbols in public - person to whom, and form in which, direction may be given
SECTION 80.2M Directions to cease display of prohibited symbols in public - offence
Subdivision D - Common provisions
SECTION 80.3 Defence for acts done in good faith
SECTION 80.4 Extended geographical jurisdiction for offences
SECTION 80.5 Attorney-General ' s consent required
SECTION 80.6 Division not intended to exclude State or Territory law
Division 82 - Sabotage
Subdivision A - Preliminary
SECTION 82.1 Definitions
SECTION 82.2 Public infrastructure
SECTION 82.2A Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B - Offences
SECTION 82.3 Offence of sabotage involving foreign principal with intention as to national security
SECTION 82.4 Offence of sabotage involving foreign principal reckless as to national security
SECTION 82.5 Offence of sabotage with intention as to national security
SECTION 82.6 Offence of sabotage reckless as to national security
SECTION 82.7 Offence of introducing vulnerability with intention as to national security
SECTION 82.8 Offence of introducing vulnerability reckless as to national security
SECTION 82.9 Preparing for or planning sabotage offence
SECTION 82.10 Defences
SECTION 82.11 Geographical jurisdiction
SECTION 82.12 Alternative verdicts
SECTION 82.13 Consent of Attorney-General required for prosecutions
Division 83 - Other threats to security
SECTION 83.1A Expressions also used in the Australian Security Intelligence Organisation Act 1979
SECTION 83.1 Advocating mutiny
SECTION 83.2 Assisting prisoners of war to escape
SECTION 83.3 Military-style training involving foreign government principal etc.
SECTION 83.4 Interference with political rights and duties
SECTION 83.5 Consent of Attorney-General required for prosecutions
Part 5.2 - Espionage and related offences
Division 90 - Preliminary
SECTION 90.1 Definitions
SECTION 90.2 Definition of foreign principal
SECTION 90.3 Definition of foreign government principal
SECTION 90.4 Definition of national security
SECTION 90.5 Definition of security classification
SECTION 90.6 Expressions also used in the Australian Security Intelligence Organisation Act 1979
Division 91 - Espionage
Subdivision A - Espionage
SECTION 91.1 Espionage - dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal
SECTION 91.2 Espionage - dealing with information etc. which is or will be communicated or made available to foreign principal
SECTION 91.3 Espionage - security classified information etc.
SECTION 91.4 Defences
SECTION 91.5 Matters affecting sentencing for offence against subsection 91.1(1)
SECTION 91.6 Aggravated espionage offence
SECTION 91.7 Geographical jurisdiction
Subdivision B - Espionage on behalf of foreign principal
SECTION 91.8 Espionage on behalf of foreign principal
SECTION 91.9 Defences
SECTION 91.10 Geographical jurisdiction
Subdivision C - Espionage-related offences
SECTION 91.11 Offence of soliciting or procuring an espionage offence or making it easier to do so
SECTION 91.12 Offence of preparing for an espionage offence
SECTION 91.13 Defences
SECTION 91.14 Geographical jurisdiction
Division 92 - Foreign interference
Subdivision A - Preliminary
SECTION 92.1 Definitions
Subdivision B - Foreign interference
SECTION 92.2 Offence of intentional foreign interference
SECTION 92.3 Offence of reckless foreign interference
SECTION 92.4 Offence of preparing for a foreign interference offence
SECTION 92.5 Defence
SECTION 92.6 Geographical jurisdiction
Subdivision C - Foreign interference involving foreign intelligence agencies
SECTION 92.7 Knowingly supporting foreign intelligence agency
SECTION 92.8 Recklessly supporting foreign intelligence agency
SECTION 92.9 Knowingly funding or being funded by foreign intelligence agency
SECTION 92.10 Recklessly funding or being funded by foreign intelligence agency
SECTION 92.11 Defence
Division 92A - Theft of trade secrets involving foreign government principal
SECTION 92A.1 Theft of trade secrets involving foreign government principal
SECTION 92A.2 Geographical jurisdiction
Division 93 - Prosecutions and hearings
SECTION 93.1 Consent of Attorney-General required for prosecutions
SECTION 93.2 Hearing in camera etc.
SECTION 93.4 Fault elements for attempted espionage offences
SECTION 93.5 Alternative verdicts
Division 94 - Forfeiture
SECTION 94.1 Forfeiture of articles etc.
Part 5.3 - Terrorism
Division 100 - Preliminary
SECTION 100.1 Definitions
SECTION 100.2 Referring States
SECTION 100.3 Constitutional basis for the operation of this Part
SECTION 100.4 Application of provisions
SECTION 100.5 Application of Acts Interpretation Act 1901
SECTION 100.6 Concurrent operation intended
SECTION 100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
SECTION 100.8 Approval for changes to or affecting this Part
Division 101 - Terrorism
SECTION 101.1 Terrorist acts
SECTION 101.2 Providing or receiving training connected with terrorist acts
SECTION 101.4 Possessing things connected with terrorist acts
SECTION 101.5 Collecting or making documents likely to facilitate terrorist acts
SECTION 101.6 Other acts done in preparation for, or planning, terrorist acts
Division 102 - Terrorist organisations
Subdivision A - Definitions
SECTION 102.1 Definitions
SECTION 102.1AA Including or removing names of prescribed terrorist organisations
SECTION 102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security
Subdivision B - Offences
SECTION 102.2 Directing the activities of a terrorist organisation
SECTION 102.3 Membership of a terrorist organisation
SECTION 102.4 Recruiting for a terrorist organisation
SECTION 102.5 Training involving a terrorist organisation
SECTION 102.6 Getting funds to, from or for a terrorist organisation
SECTION 102.7 Providing support to a terrorist organisation
SECTION 102.8 Associating with terrorist organisations
Subdivision C - General provisions relating to offences
SECTION 102.9 Extended geographical jurisdiction for offences
SECTION 102.10 Alternative verdicts
Division 103 - Financing terrorism
SECTION 103.1 Financing terrorism
SECTION 103.2 Financing a terrorist
SECTION 103.3 Extended geographical jurisdiction for offences
Division 104 - Control orders
Subdivision A - Objects of this Division
SECTION 104.1 Objects of this Division
Subdivision B - Making an interim control order
SECTION 104.2 AFP Minister ' s consent to request an interim control order
SECTION 104.3 Requesting the court to make an interim control order
SECTION 104.4 Making an interim control order
SECTION 104.5 Terms of an interim control order
SECTION 104.5A Conditions of an interim control order
SECTION 104.5B Conditions where exemptions may be granted
SECTION 104.5C Treatment of photographs and impressions of fingerprints
SECTION 104.5D Obligations relating to monitoring devices
Subdivision C - Making an urgent interim control order
SECTION 104.6 Requesting an urgent interim control order by electronic means
SECTION 104.7 Making an urgent interim control order by electronic means
SECTION 104.8 Requesting an urgent interim control order in person
SECTION 104.9 Making an urgent interim control order in person
SECTION 104.10 Obtaining the AFP Minister ' s consent within 8 hours
SECTION 104.11 Court to assume that exercise of power not authorised by urgent interim control order
Subdivision CA - Varying an interim control order
SECTION 104.11A Varying an interim control order
Subdivision D - Confirming an interim control order
SECTION 104.12 Service, explanation and notification of an interim control order
SECTION 104.12A Election to confirm control order
SECTION 104.13 Lawyer may request a copy of an interim control order
SECTION 104.14 Confirming an interim control order
SECTION 104.15 Effect of confirmation process on interim control orders
SECTION 104.16 Terms of a confirmed control order
SECTION 104.17 Service of a declaration, or a revocation, variation or confirmation of a control order
SECTION 104.17A Cessation of a control order if post-sentence order made
Subdivision E - Rights in respect of a control order
SECTION 104.18 Application by the person for a revocation or variation of a control order
SECTION 104.19 Application by the AFP Commissioner for a revocation or variation of a control order
SECTION 104.20 Revocation or variation of a control order on application by the person or the AFP Commissioner
SECTION 104.21 Lawyer may request a copy of a control order
SECTION 104.22 Treatment of photographs and impressions of fingerprints
Subdivision EA - Varying a control order by consent
SECTION 104.22 Varying control order by consent
Subdivision F - Adding conditions to a control order
SECTION 104.23 Application by the AFP Commissioner for addition of conditions
SECTION 104.24 Varying a control order
SECTION 104.25 Terms of a varied control order
SECTION 104.26 Service and explanation of a varied control order
Subdivision G - Offences relating to control orders
SECTION 104.27 Offence for contravening a control order
SECTION 104.27A Offence relating to monitoring devices
Subdivision H - Special rules for young people (14 to 17)
SECTION 104.28 Special rules for young people
SECTION 104.28AA Costs in control order proceedings
Subdivision I - Miscellaneous
SECTION 104.28A Interlocutory proceedings
SECTION 104.28B Giving documents to persons detained in custody
SECTION 104.28C Sharing information relating to electronic monitoring
SECTION 104.28D Arrangements for electronic monitoring and other functions and powers
SECTION 104.29 Reporting requirements
SECTION 104.30 Requirement to notify AFP Minister of declarations, revocations or variations
SECTION 104.31 Queensland public interest monitor functions and powers not affected
SECTION 104.32 Sunset provision
Division 105 - Preventative detention orders
Subdivision A - Preliminary
SECTION 105.1 Object
SECTION 105.2 Issuing authorities for continued preventative detention orders
SECTION 105.3 Police officer detaining person under a preventative detention order
Subdivision B - Preventative detention orders
SECTION 105.4 Basis for applying for, and making, preventative detention orders
SECTION 105.5 No preventative detention order in relation to person under 16 years of age
SECTION 105.5A Special assistance for person with inadequate knowledge of English language or disability
SECTION 105.6 Restrictions on multiple preventative detention orders
SECTION 105.7 Application for initial preventative detention order
SECTION 105.8 Senior AFP member may make initial preventative detention order
SECTION 105.9 Duration of initial preventative detention order
SECTION 105.10 Extension of initial preventative detention order
SECTION 105.10A Notice of application for continued preventative detention order
SECTION 105.11 Application for continued preventative detention order
SECTION 105.12 Judge or retired judge may make continued preventative detention order
SECTION 105.13 Duration of continued preventative detention order
SECTION 105.14 Extension of continued preventative detention order
SECTION 105.14A Basis for applying for, and making, prohibited contact order
SECTION 105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought)
SECTION 105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force)
SECTION 105.17 Revocation of preventative detention order or prohibited contact order
SECTION 105.18 Status of person making continued preventative detention order
Subdivision C - Carrying out preventative detention orders
SECTION 105.19 Power to detain person under preventative detention order
SECTION 105.20 Endorsement of order with date and time person taken into custody
SECTION 105.21 Requirement to provide name etc.
SECTION 105.22 Power to enter premises
SECTION 105.23 Power to conduct a frisk search
SECTION 105.24 Power to conduct an ordinary search
SECTION 105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979
SECTION 105.26 Release of person from preventative detention
SECTION 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
SECTION 105.28 Effect of initial preventative detention order to be explained to person detained
SECTION 105.29 Effect of continued preventative detention order to be explained to person detained
SECTION 105.30 Person being detained to be informed of extension of preventative detention order
SECTION 105.31 Compliance with obligations to inform
SECTION 105.32 Copy of preventative detention order
Subdivision E - Treatment of person detained
SECTION 105.33 Humane treatment of person being detained
SECTION 105.33A Detention of persons under 18
SECTION 105.34 Restriction on contact with other people
SECTION 105.35 Contacting family members etc.
SECTION 105.36 Contacting Ombudsman etc.
SECTION 105.37 Contacting lawyer
SECTION 105.38 Monitoring contact under section 105.35 or 105.37
SECTION 105.39 Special contact rules for person under 18 or incapable of managing own affairs
SECTION 105.40 Entitlement to contact subject to prohibited contact order
SECTION 105.41 Disclosure offences
SECTION 105.42 Questioning of person prohibited while person is detained
SECTION 105.43 Taking fingerprints, recordings, samples of handwriting or photographs
SECTION 105.44 Use of identification material
SECTION 105.45 Offences of contravening safeguards
Subdivision F - Miscellaneous
SECTION 105.46 Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2)
SECTION 105.47 Annual report
SECTION 105.48 Certain functions and powers not affected
SECTION 105.49 Queensland public interest monitor functions and powers not affected
SECTION 105.50 Law relating to legal professional privilege not affected
SECTION 105.51 Legal proceedings in relation to preventative detention orders
SECTION 105.52 Review by State and Territory courts
SECTION 105.53 Sunset provision
Division 105A - Post-sentence orders
Subdivision A - Object and definitions
SECTION 105A.1 Object
SECTION 105A.2 Definitions
SECTION 105A.2A Persons who have escaped from custody
Subdivision B - Post-sentence orders
SECTION 105A.3 Who a post-sentence order may apply to and effect of post-sentence orders
SECTION 105A.3A Preconditions for post-sentence orders
SECTION 105A.4 Treatment of a terrorist offender in a prison under a continuing detention order
Subdivision C - Making post-sentence orders
SECTION 105A.5 Applying for a post-sentence order
SECTION 105A.6 Appointment of and assessment by relevant expert
SECTION 105A.6A Determining an application for a post-sentence order
SECTION 105A.6B Matters a Court must have regard to in making a post-sentence order
SECTION 105A.7 Making a continuing detention order
SECTION 105A.7A Making an extended supervision order
SECTION 105A.7B Conditions of extended supervision orders and interim supervision orders
SECTION 105A.7C Conditions where exemptions may be granted
SECTION 105A.7D Treatment of photographs and impressions of fingerprints
SECTION 105A.7E Obligations relating to monitoring devices
SECTION 105A.7F Copy of an extended supervision order etc. must be given to terrorist offender ' s lawyer
SECTION 105A.8 Matters a Court must have regard to in making a continuing detention order
Subdivision CA - Making interim post-sentence orders
SECTION 105A.9 Interim detention orders
SECTION 105A.9A Interim supervision orders
Subdivision CB - Varying an extended supervision order or interim supervision order
SECTION 105A.9B Application for variations of extended supervision orders and interim supervision orders
SECTION 105A.9C Varying an extended supervision order or interim supervision order (other than by consent)
SECTION 105A.9D Varying extended supervision order or interim supervision order by consent
SECTION 105A.9E Terms of a varied extended supervision order or interim supervision order
Subdivision D - Review of post-sentence order
SECTION 105A.10 Periodic review of post-sentence order
SECTION 105A.11 Review of post-sentence order on application
SECTION 105A.12 Process for reviewing a post-sentence order
SECTION 105A.12A Varying post-sentence orders after review
Subdivision E - Provisions relating to post-sentence order proceedings
SECTION 105A.13 Civil evidence and procedure rules in relation to post-sentence order proceedings
SECTION 105A.14 Adducing evidence and making submissions
SECTION 105A.14A Giving copies of applications etc. to terrorist offenders
SECTION 105A.14B Information excluded from application or material - national security information
SECTION 105A.14C Information excluded from application or material - public interest immunity
SECTION 105A.14D Information excluded from application and material - terrorism material
SECTION 105A.15 Giving documents to terrorist offenders who are in custody
SECTION 105A.15A When a terrorist offender is unable to engage a legal representative
SECTION 105A.16 Reasons for decisions
SECTION 105A.17 Right of appeal
SECTION 105A.18 Consequences of sentences ending or orders ceasing to be in force
SECTION 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
SECTION 105A.18A Offence for contravening an extended supervision order or an interim supervision order
SECTION 105A.18B Offence relating to monitoring devices
Subdivision F - Miscellaneous
SECTION 105A.18C Effect of prison detention on post-sentence order
SECTION 105A.18D AFP Minister may direct terrorist offenders to be assessed
SECTION 105A.19 Sharing information
SECTION 105A.19A Sharing information relating to supervision orders
SECTION 105A.20 Delegation by the AFP Minister
SECTION 105A.21 Arrangement with States and Territories
SECTION 105A.21A Arrangements by Australian Federal Police Commissioner for functions and powers relating to supervision orders
SECTION 105A.22 Annual report
SECTION 105A.23 Warning about post-sentence orders when sentencing for certain offences
SECTION 105A.24 Effect of continuing detention orders on bail or parole laws
SECTION 105A.25 Sunset provision
Division 106 - Transitional provisions
SECTION 106.1 Saving - regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation
SECTION 106.2 Saving - regulations made for the purposes of paragraph (a) of the definition of terrorist organisation
SECTION 106.3 Application provision
SECTION 106.4 Saving - Judges of the Federal Circuit Court
SECTION 106.5 Application provisions for certain amendments in the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014
SECTION 106.6 Application provisions for certain amendments in the Counter-Terrorism Legislation Amendment Act (No 1) 2014
SECTION 106.7 Application provision for certain amendments in the Counter-Terrorism Legislation Amendment Act (No 1) 2016
SECTION 106.8 Application provision for amendments in the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016
SECTION 106.9 Application - Counter Terrorism Legislation Amendment Act (No. 1) 2018
SECTION 106.10 Application - Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
SECTION 106.11 Application provision for certain amendments in the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021
SECTION 106.12 Application provision for certain amendments in the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023
SECTION 106.13 Application and transitional - Counter-Terrorism and Other Legislation Amendment Act 2023
Part 5.4 - Harming Australians
Division 115 - Harming Australians
SECTION 115.1 Murder of an Australian citizen or a resident of Australia
SECTION 115.2 Manslaughter of an Australian citizen or a resident of Australia
SECTION 115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia
SECTION 115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia
SECTION 115.5 Saving of other laws
SECTION 115.6 Bringing proceedings under this Division
SECTION 115.7 Ministerial certificates relating to proceedings
SECTION 115.8 Geographical jurisdiction
SECTION 115.9 Meaning of causes death or harm
Part 5.5 - Foreign incursions and recruitment
Division 117 - Preliminary
SECTION 117.1 Definitions
SECTION 117.2 Extended geographical jurisdiction - category D
Division 119 - Foreign incursions and recruitment
SECTION 119.1 Incursions into foreign countries with the intention of engaging in hostile activities
SECTION 119.2 Entering, or remaining in, declared areas
SECTION 119.3 Declaration of areas for the purposes of section 119.2
SECTION 119.4 Preparations for incursions into foreign countries for purpose of engaging in hostile activities
SECTION 119.5 Allowing use of buildings, vessels and aircraft to commit offences
SECTION 119.6 Recruiting persons to join organisations engaged in hostile activities against foreign governments
SECTION 119.7 Recruiting persons to serve in or with an armed force in a foreign country
SECTION 119.8 Declaration in relation to specified armed forces
SECTION 119.9 Exception - conduct for defence or international relations of Australia
SECTION 119.10 Mode of trial
SECTION 119.11 Consent of Attorney-General required for prosecutions
SECTION 119.12 Declarations for the purposes of proceedings
Part 5.6 - Secrecy of information
Division 121 - Preliminary
SECTION 121.1 Definitions
SECTION 121.2 Definition of proper place of custody
Division 122 - Secrecy of information
SECTION 122.1 Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.
SECTION 122.2 Conduct by current and former Commonwealth officers etc. causing harm to Australia ' s interests
SECTION 122.3 Aggravated offence
SECTION 122.4 Unauthorised disclosure of information by current and former Commonwealth officers etc.
SECTION 122.4A Communicating and dealing with information by non-Commonwealth officers etc.
SECTION 122.5 Defences
Division 123 - Miscellaneous
SECTION 123.1 Injunctions
SECTION 123.2 Forfeiture of articles etc.
SECTION 123.3 Extended geographical jurisdiction - category D
SECTION 123.4 Effect of this Part on other rights, privileges, immunities or defences
SECTION 123.5 Requirements before proceedings can be initiated
CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT
Part 7.1 - Preliminary
Division 130 - Preliminary
SECTION 130.1 Definitions
SECTION 130.2 When property belongs to a person
SECTION 130.3 Dishonesty
SECTION 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
SECTION 131.1 Theft
SECTION 131.2 Special rules about the meaning of dishonesty
SECTION 131.3 Appropriation of property
SECTION 131.4 Theft of land or things forming part of land
SECTION 131.5 Trust property
SECTION 131.6 Obligation to deal with property in a particular way
SECTION 131.7 Property obtained because of fundamental mistake
SECTION 131.8 Property of a corporation sole
SECTION 131.9 Property belonging to 2 or more persons
SECTION 131.10 Intention of permanently depriving a person of property
SECTION 131.11 General deficiency
Division 132 - Other property offences
SECTION 132.1 Receiving
SECTION 132.2 Robbery
SECTION 132.3 Aggravated robbery
SECTION 132.4 Burglary
SECTION 132.5 Aggravated burglary
SECTION 132.6 Making off without payment
SECTION 132.7 Going equipped for theft or a property offence
SECTION 132.8 Dishonest taking or retention of property
SECTION 132.8A Damaging Commonwealth property
SECTION 132.9 Geographical jurisdiction
Part 7.3 - Fraudulent conduct
Division 133 - Preliminary
SECTION 133.1 Definitions
Division 134 - Obtaining property or a financial advantage by deception
SECTION 134.1 Obtaining property by deception
SECTION 134.2 Obtaining a financial advantage by deception
SECTION 134.3 Geographical jurisdiction
Division 135 - Other offences involving fraudulent conduct
SECTION 135.1 General dishonesty
SECTION 135.2 Obtaining financial advantage
SECTION 135.4 Conspiracy to defraud
SECTION 135.5 Geographical jurisdiction
Part 7.4 - False or misleading statements
Division 136 - False or misleading statements in applications
SECTION 136.1 False or misleading statements in applications
Division 137 - False or misleading information or documents
SECTION 137.1 False or misleading information
SECTION 137.1A Aggravated offence for giving false or misleading information
SECTION 137.2 False or misleading documents
SECTION 137.3 Geographical jurisdiction
Part 7.5 - Unwarranted demands
Division 138 - Preliminary
SECTION 138.1 Unwarranted demand with menaces
SECTION 138.2 Menaces
Division 139 - Unwarranted demands
SECTION 139.1 Unwarranted demands of a Commonwealth public official
SECTION 139.2 Unwarranted demands made by a Commonwealth public official
SECTION 139.3 Geographical jurisdiction
Part 7.6 - Bribery and related offences
Division 140 - Preliminary
SECTION 140.1 Definition
SECTION 140.2 Obtaining
Division 141 - Bribery
SECTION 141.1 Bribery of a Commonwealth public official
Division 142 - Offences relating to bribery
SECTION 142.1 Corrupting benefits given to, or received by, a Commonwealth public official
SECTION 142.2 Abuse of public office
SECTION 142.3 Geographical jurisdiction
Part 7.7 - Forgery and related offences
Division 143 - Preliminary
SECTION 143.1 Definitions
SECTION 143.2 False documents
SECTION 143.3 False Commonwealth documents
SECTION 143.4 Inducing acceptance of false documents
Division 144 - Forgery
SECTION 144.1 Forgery
Division 145 - Offences relating to forgery
SECTION 145.1 Using forged document
SECTION 145.2 Possession of forged document
SECTION 145.3 Possession, making or adaptation of devices etc. for making forgeries
SECTION 145.4 Falsification of documents etc.
SECTION 145.5 Giving information derived from false or misleading documents
SECTION 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
SECTION 146.1 Definitions
SECTION 146.2 Causing harm
Division 147 - Causing harm to Commonwealth public officials
SECTION 147.1 Causing harm to a Commonwealth public official etc.
SECTION 147.2 Threatening to cause harm to a Commonwealth public official etc.
SECTION 147.3 Geographical jurisdiction
Division 148 - Impersonation of Commonwealth public officials
SECTION 148.1 Impersonation of an official by a non-official
SECTION 148.2 Impersonation of an official by another official
SECTION 148.3 Geographical jurisdiction
Division 149 - Obstruction of Commonwealth public officials
SECTION 149.1 Obstruction of Commonwealth public officials
Division 150 - False representations in relation to a Commonwealth body
Subdivision A - Offences
SECTION 150.1 False representations in relation to a Commonwealth body
Subdivision B - Injunctions
SECTION 150.5 Injunctions
Part 7.20 - Miscellaneous
Division 261 - Miscellaneous
SECTION 261.1 Saving of other laws
SECTION 261.2 Contempt of court
SECTION 261.3 Ancillary offences
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES
Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision A - Introductory
SECTION 268.1 Purpose of Division
SECTION 268.2 Outline of offences
Subdivision B - Genocide
SECTION 268.3 Genocide by killing
SECTION 268.4 Genocide by causing serious bodily or mental harm
SECTION 268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
SECTION 268.6 Genocide by imposing measures intended to prevent births
SECTION 268.7 Genocide by forcibly transferring children
Subdivision C - Crimes against humanity
SECTION 268.8 Crime against humanity - murder
SECTION 268.9 Crime against humanity - extermination
SECTION 268.10 Crime against humanity - enslavement
SECTION 268.11 Crime against humanity - deportation or forcible transfer of population
SECTION 268.12 Crime against humanity - imprisonment or other severe deprivation of physical liberty
SECTION 268.13 Crime against humanity - torture
SECTION 268.14 Crime against humanity - rape
SECTION 268.15 Crime against humanity - sexual slavery
SECTION 268.16 Crime against humanity - enforced prostitution
SECTION 268.17 Crime against humanity - forced pregnancy
SECTION 268.18 Crime against humanity - enforced sterilisation
SECTION 268.19 Crime against humanity - sexual violence
SECTION 268.20 Crime against humanity - persecution
SECTION 268.21 Crime against humanity - enforced disappearance of persons
SECTION 268.22 Crime against humanity - apartheid
SECTION 268.23 Crime against humanity - other inhumane act
Subdivision D - War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
SECTION 268.24 War crime - wilful killing
SECTION 268.25 War crime - torture
SECTION 268.26 War crime - inhumane treatment
SECTION 268.27 War crime - biological experiments
SECTION 268.28 War crime - wilfully causing great suffering
SECTION 268.29 War crime - destruction and appropriation of property
SECTION 268.30 War crime - compelling service in hostile forces
SECTION 268.31 War crime - denying a fair trial
SECTION 268.32 War crime - unlawful deportation or transfer
SECTION 268.33 War crime - unlawful confinement
SECTION 268.34 War crime - taking hostages
Subdivision E - Other serious war crimes that are committed in the course of an international armed conflict
SECTION 268.35 War crime - attacking civilians
SECTION 268.36 War crime - attacking civilian objects
SECTION 268.37 War crime - attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
SECTION 268.38 War crime - excessive incidental death, injury or damage
SECTION 268.39 War crime - attacking undefended places
SECTION 268.40 War crime - killing or injuring a person who is hors de combat
SECTION 268.41 War crime - improper use of a flag of truce
SECTION 268.42 War crime - improper use of a flag, insignia or uniform of the adverse party
SECTION 268.43 War crime - improper use of a flag, insignia or uniform of the United Nations
SECTION 268.44 War crime - improper use of the distinctive emblems of the Geneva Conventions
SECTION 268.45 War crime - transfer of population
SECTION 268.46 War crime - attacking protected objects
SECTION 268.47 War crime - mutilation
SECTION 268.48 War crime - medical or scientific experiments
SECTION 268.49 War crime - treacherously killing or injuring
SECTION 268.50 War crime - denying quarter
SECTION 268.51 War crime - destroying or seizing the enemy ' s property
SECTION 268.52 War crime - depriving nationals of the adverse power of rights or actions
SECTION 268.53 War crime - compelling participation in military operations
SECTION 268.54 War crime - pillaging
SECTION 268.55 War crime - employing poison or poisoned weapons
SECTION 268.56 War crime - employing prohibited gases, liquids, materials or devices
SECTION 268.57 War crime - employing prohibited bullets
SECTION 268.58 War crime - outrages upon personal dignity
SECTION 268.59 War crime - rape
SECTION 268.60 War crime - sexual slavery
SECTION 268.61 War crime - enforced prostitution
SECTION 268.62 War crime - forced pregnancy
SECTION 268.63 War crime - enforced sterilisation
SECTION 268.64 War crime - sexual violence
SECTION 268.65 War crime - using protected persons as shields
SECTION 268.66 War crime - attacking persons or objects using the distinctive emblems of the Geneva Conventions
SECTION 268.67 War crime - starvation as a method of warfare
SECTION 268.68 War crime - using, conscripting or enlisting children
Subdivision F - War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict
SECTION 268.69 Definition of religious personnel
SECTION 268.70 War crime - murder
SECTION 268.71 War crime - mutilation
SECTION 268.72 War crime - cruel treatment
SECTION 268.73 War crime - torture
SECTION 268.74 War crime - outrages upon personal dignity
SECTION 268.75 War crime - taking hostages
SECTION 268.76 War crime - sentencing or execution without due process
Subdivision G - War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict
SECTION 268.77 War crime - attacking civilians
SECTION 268.78 War crime - attacking persons or objects using the distinctive emblems of the Geneva Conventions
SECTION 268.79 War crime - attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission
SECTION 268.80 War crime - attacking protected objects
SECTION 268.81 War crime - pillaging
SECTION 268.82 War crime - rape
SECTION 268.83 War crime - sexual slavery
SECTION 268.84 War crime - enforced prostitution
SECTION 268.85 War crime - forced pregnancy
SECTION 268.86 War crime - enforced sterilisation
SECTION 268.87 War crime - sexual violence
SECTION 268.88 War crime - using, conscripting or enlisting children
SECTION 268.89 War crime - displacing civilians
SECTION 268.90 War crime - treacherously killing or injuring
SECTION 268.91 War crime - denying quarter
SECTION 268.92 War crime - mutilation
SECTION 268.93 War crime - medical or scientific experiments
SECTION 268.94 War crime - destroying or seizing an adversary ' s property
Subdivision H - War crimes that are grave breaches of Protocol I to the Geneva Conventions
SECTION 268.95 War crime - medical procedure
SECTION 268.96 War crime - removal of blood, tissue or organs for transplantation
SECTION 268.97 War crime - attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians
SECTION 268.98 War crime - attacking undefended places or demilitarized zones
SECTION 268.99 War crime - unjustifiable delay in the repatriation of prisoners of war or civilians
SECTION 268.100 War crime - apartheid
SECTION 268.101 War crime - attacking protected objects
Subdivision J - Crimes against the administration of the justice of the International Criminal Court
SECTION 268.102 Perjury
SECTION 268.103 Falsifying evidence
SECTION 268.104 Destroying or concealing evidence
SECTION 268.105 Deceiving witnesses
SECTION 268.106 Corrupting witnesses or interpreters
SECTION 268.107 Threatening witnesses or interpreters
SECTION 268.108 Preventing witnesses or interpreters
SECTION 268.109 Preventing production of things in evidence
SECTION 268.110 Reprisals against witnesses
SECTION 268.111 Reprisals against officials of the International Criminal Court
SECTION 268.112 Perverting the course of justice
SECTION 268.113 Receipt of a corrupting benefit by an official of the International Criminal Court
SECTION 268.114 Subdivision not to apply to certain conduct
Subdivision K - Miscellaneous
SECTION 268.115 Responsibility of commanders and other superiors
SECTION 268.116 Defence of superior orders
SECTION 268.117 Geographical jurisdiction
SECTION 268.118 Double jeopardy
SECTION 268.119 Offences related to exercise of jurisdiction of International Criminal Court
SECTION 268.120 Saving of other laws
SECTION 268.121 Bringing proceedings under this Division
SECTION 268.122 Attorney-General ' s decisions in relation to consents to be final
SECTION 268.123 Legal representation
SECTION 268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions
SECTION 268.125 Meaning of civilian
Division 270 - Slavery and slavery-like offences
Subdivision A - Preliminary
SECTION 270.1A Definitions for Division 270
Subdivision B - Slavery
SECTION 270.1 Definition of slavery
SECTION 270.2 Slavery is unlawful
SECTION 270.3 Slavery offences
SECTION 270.3A Slavery offences - geographical jurisdiction
SECTION 270.3B Prosecutions
Subdivision C - Slavery-like offences
SECTION 270.4 Definition of servitude
SECTION 270.5 Servitude offences
SECTION 270.6 Definition of forced labour
SECTION 270.6A Forced labour offences
SECTION 270.7 Deceptive recruiting for labour or services
SECTION 270.7A Definition of forced marriage
SECTION 270.7B Forced marriage offences
SECTION 270.7C Offence of debt bondage
SECTION 270.8 Slavery-like offences - aggravated offences
SECTION 270.9 Slavery-like offences - jurisdictional requirement
SECTION 270.10 Slavery-like offences - relevant evidence
Subdivision D - Offences against Division 270: general
SECTION 270.11 Offences against Division 270 - no defence of victim consent or acquiescence
SECTION 270.12 Offences against Division 270 - other laws not excluded
SECTION 270.13 Offences against Division 270 - double jeopardy
SECTION 270.14 External Territories
Division 271 - Trafficking in persons
Subdivision A - Definitions
SECTION 271.1 Definitions
SECTION 271.1A Definition of exploitation
Subdivision B - Offences relating to trafficking in persons
SECTION 271.2 Offence of trafficking in persons
SECTION 271.3 Trafficking in persons - aggravated offence
SECTION 271.4 Offence of trafficking in children
SECTION 271.5 Offence of domestic trafficking in persons
SECTION 271.6 Domestic trafficking in persons - aggravated offence
SECTION 271.7 Offence of domestic trafficking in children
Subdivision BA - Organ trafficking
SECTION 271.7A Removal of organs contrary to this Subdivision
SECTION 271.7B Offence of organ trafficking - entry into and exit from Australia
SECTION 271.7C Organ trafficking - aggravated offence
SECTION 271.7D Offence of domestic organ trafficking
SECTION 271.7E Domestic organ trafficking - aggravated offence
Subdivision BB - Harbouring a victim
SECTION 271.7F Harbouring a victim
SECTION 271.7G Harbouring a victim - aggravated offence
Subdivision C - Offences relating to debt bondage
SECTION 271.8 Offence of debt bondage
SECTION 271.9 Debt bondage - aggravated offence
Subdivision D - Offences against Division 271: general
SECTION 271.10 Jurisdictional requirements - offences other than domestic trafficking in persons or organs
SECTION 271.11 Jurisdictional requirements - offences of domestic trafficking in persons or organs
SECTION 271.11A Offences against Division 271 - relevant evidence
SECTION 271.11B Offences against Division 271 - no defence of victim consent or acquiescence
SECTION 271.12 Offences against Division 271 - other laws not excluded
SECTION 271.13 Double jeopardy
Division 271A - Overseas travel by certain registered offenders
SECTION 271A.1 Restrictions on overseas travel by certain registered offenders
Division 272 - Child sex offences outside Australia
Subdivision A - Preliminary
SECTION 272.1 Definitions
SECTION 272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity
SECTION 272.3 Meaning of position of trust or authority
SECTION 272.4 Meaning of sexual intercourse
SECTION 272.5 Meaning of offence against this Division and extension of criminal responsibility
SECTION 272.6 Who can be prosecuted for an offence committed outside Australia
SECTION 272.7 Saving of other laws
Subdivision B - Sexual offences against children outside Australia
SECTION 272.8 Sexual intercourse with child outside Australia
SECTION 272.9 Sexual activity (other than sexual intercourse) with child outside Australia
SECTION 272.10 Aggravated offence - sexual intercourse or other sexual activity with child outside Australia
SECTION 272.11 Persistent sexual abuse of child outside Australia
SECTION 272.12 Sexual intercourse with young person outside Australia - defendant in position of trust or authority
SECTION 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia - defendant in position of trust or authority
SECTION 272.14 Procuring child to engage in sexual activity outside Australia
SECTION 272.15 ' Grooming ' child to engage in sexual activity outside Australia
SECTION 272.15A ' Grooming ' person to make it easier to engage in sexual activity with a child outside Australia
SECTION 272.16 Defence based on belief about age
SECTION 272.17 Defence based on valid and genuine marriage
Subdivision C - Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia
SECTION 272.18 Benefiting from offence against this Division
SECTION 272.19 Encouraging offence against this Division
SECTION 272.20 Preparing for or planning offence against this Division
Subdivision D - Video link evidence
SECTION 272.21 When court may take evidence by video link
SECTION 272.22 Technical requirements for video link
SECTION 272.23 Application of laws about witnesses
SECTION 272.24 Administration of oaths and affirmations
SECTION 272.25 Expenses
SECTION 272.26 Other laws about foreign evidence not affected
Subdivision E - Other rules about conduct of trials
SECTION 272.27 Evidence relating to a person ' s age
SECTION 272.28 Alternative verdicts
SECTION 272.29 Double jeopardy
SECTION 272.30 Sentencing
SECTION 272.31 Consent to commencement of proceedings where defendant under 18
Division 273 - Offences involving child abuse material outside Australia
Subdivision A - Preliminary
SECTION 273.1 Definitions
SECTION 273.2 Who can be prosecuted for an offence committed outside Australia
SECTION 273.2A Consent to commencement of proceedings where defendant under 18
SECTION 273.3 Double jeopardy
SECTION 273.4 Saving of other laws
Subdivision B - Offences committed overseas involving child abuse material
SECTION 273.5 Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia
SECTION 273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
SECTION 273.7 Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people
SECTION 273.8 Alternative verdict if aggravated offence not proven
Subdivision C - Defences
SECTION 273.9 Defences to offences against this Division
Subdivision D - Video link evidence
SECTION 273.10 When court may take evidence by video link
SECTION 273.11 Technical requirements for video link
SECTION 273.12 Application of laws about witnesses
SECTION 273.13 Administration of oaths and affirmations
SECTION 273.14 Expenses
SECTION 273.15 Other laws about foreign evidence not affected
Division 273A - Possession of child like sex dolls etc.
SECTION 273A.1 Possession of child-like sex dolls etc.
SECTION 273A.2 Defences
SECTION 273A.3 Saving of other laws
Division 273B - Protection of children
Subdivision A - Preliminary
SECTION 273B.1 Definitions
SECTION 273B.2 Geographical jurisdiction
SECTION 273B.3 Double jeopardy
Subdivision B - Offences relating to the protection of children
SECTION 273B.4 Failing to protect child at risk of child sexual abuse offence
SECTION 273B.5 Failing to report child sexual abuse offence
Subdivision C - Rules about conduct of trials
SECTION 273B.6 Consent to commence proceedings
SECTION 273B.7 Evidence relating to a person ' s age
Subdivision D - Relationship with other laws
SECTION 273B.8 Relationship with State and Territory laws
SECTION 273B.9 Protection from other laws etc. for complying with this Division
Division 274 - Torture
SECTION 274.1 Definitions
SECTION 274.2 Torture
SECTION 274.3 Prosecutions
SECTION 274.4 No defence of exceptional circumstances or superior orders
SECTION 274.5 Jurisdiction of State/Territory courts preserved
SECTION 274.6 Concurrent operation intended
SECTION 274.7 Double jeopardy
Division 279 - Video link evidence
SECTION 279.1 Proceedings to which this Division applies
SECTION 279.2 When court may take evidence by video link
SECTION 279.3 Technical requirements for video link
SECTION 279.4 Application of laws about witnesses
SECTION 279.5 Administration of oaths and affirmations
SECTION 279.6 Expenses
SECTION 279.7 Other laws about foreign evidence not affected
CHAPTER 9 - DANGERS TO THE COMMUNITY
Part 9.1 - Serious drug offences
Division 300 - Preliminary
SECTION 300.1 Purpose
SECTION 300.2 Definitions
SECTION 300.3 Geographical jurisdiction
SECTION 300.4 Concurrent operation intended
SECTION 300.5 Particular identity of drugs, plants and precursors
SECTION 300.6 Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part
Division 301 - Serious drugs and precursors
Subdivision A - Serious drugs and precursors: definitions
SECTION 301.1 Meaning of controlled drug
SECTION 301.2 Meaning of controlled plant
SECTION 301.3 Meaning of controlled precursor
SECTION 301.4 Meaning of border controlled drug
SECTION 301.5 Meaning of border controlled plant
SECTION 301.6 Meaning of border controlled precursor
SECTION 301.7 Serious drugs - conditions for listing by regulation
SECTION 301.8 Serious drug precursors - conditions for listing by regulation
SECTION 301.9 Meaning of drug analogue
Subdivision B - Serious drugs and precursors: commercial, marketable and trafficable quantities
SECTION 301.10 Meaning of commercial quantity
SECTION 301.11 Meaning of marketable quantity
SECTION 301.12 Meaning of trafficable quantity
Subdivision C - Serious drugs and precursors: emergency determinations
SECTION 301.13 Emergency determinations - serious drugs
SECTION 301.14 Emergency determinations - serious drug precursors
SECTION 301.15 Emergency determinations - commercial, marketable and trafficable quantities
SECTION 301.16 Emergency determinations - effectiveness
SECTION 301.17 Emergency determinations - publication
Division 302 - Trafficking controlled drugs
SECTION 302.1 Meaning of traffics
SECTION 302.2 Trafficking commercial quantities of controlled drugs
SECTION 302.3 Trafficking marketable quantities of controlled drugs
SECTION 302.4 Trafficking controlled drugs
SECTION 302.5 Presumption where trafficable quantities are involved
SECTION 302.6 Purchase of controlled drugs is not an ancillary offence
Division 303 - Commercial cultivation of controlled plants
SECTION 303.1 Meanings of cultivate and cultivates a plant
SECTION 303.2 Meaning of product of a plant
SECTION 303.3 Meaning of cultivates a plant for a commercial purpose
SECTION 303.4 Cultivating commercial quantities of controlled plants
SECTION 303.5 Cultivating marketable quantities of controlled plants
SECTION 303.6 Cultivating controlled plants
SECTION 303.7 Presumption where trafficable quantities are involved
Division 304 - Selling controlled plants
SECTION 304.1 Selling commercial quantities of controlled plants
SECTION 304.2 Selling marketable quantities of controlled plants
SECTION 304.3 Selling controlled plants
Division 305 - Commercial manufacture of controlled drugs
SECTION 305.1 Meanings of manufacture and manufactures a substance
SECTION 305.2 Meaning of manufactures a substance for a commercial purpose
SECTION 305.3 Manufacturing commercial quantities of controlled drugs
SECTION 305.4 Manufacturing marketable quantities of controlled drugs
SECTION 305.5 Manufacturing controlled drugs
SECTION 305.6 Presumption where trafficable quantities are involved
Division 306 - Pre-trafficking controlled precursors
SECTION 306.1 Meaning of pre-traffics
SECTION 306.2 Pre-trafficking commercial quantities of controlled precursors
SECTION 306.3 Pre-trafficking marketable quantities of controlled precursors
SECTION 306.4 Pre-trafficking controlled precursors
SECTION 306.5 Presumption for pre-trafficking controlled precursors - sale
SECTION 306.6 Presumptions for pre-trafficking controlled precursors - manufacture for drug manufacture
SECTION 306.7 Presumptions for pre-trafficking controlled precursors - manufacture for sale
SECTION 306.8 Presumptions for pre-trafficking controlled precursors - possession
Division 307 - Import-export offences
Subdivision A - Importing and exporting border controlled drugs or border controlled plants
SECTION 307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
SECTION 307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
SECTION 307.3 Importing and exporting border controlled drugs or border controlled plants
SECTION 307.4 Importing and exporting border controlled drugs or border controlled plants - no defence relating to lack of commercial intent
Subdivision B - Possessing unlawfully imported border controlled drugs or border controlled plants
SECTION 307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
SECTION 307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
SECTION 307.7 Possessing unlawfully imported border controlled drugs or border controlled plants
Subdivision C - Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
SECTION 307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
SECTION 307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
SECTION 307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
Subdivision D - Importing and exporting border controlled precursors
SECTION 307.11 Importing and exporting commercial quantities of border controlled precursors
SECTION 307.12 Importing and exporting marketable quantities of border controlled precursors
SECTION 307.13 Importing and exporting border controlled precursors
SECTION 307.14 Presumptions for importing and exporting border controlled precursors
Division 308 - Possession offences
SECTION 308.1 Possessing controlled drugs
SECTION 308.2 Possessing controlled precursors
SECTION 308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants
SECTION 308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs
Division 309 - Drug offences involving children
SECTION 309.1 Children not criminally responsible for offences against this Division
SECTION 309.2 Supplying controlled drugs to children
SECTION 309.3 Supplying marketable quantities of controlled drugs to children for trafficking
SECTION 309.4 Supplying controlled drugs to children for trafficking
SECTION 309.5 Presumption where trafficable quantities are involved
SECTION 309.6 Meaning of procures an individual to traffic
SECTION 309.7 Procuring children for trafficking marketable quantities of controlled drugs
SECTION 309.8 Procuring children for trafficking controlled drugs
SECTION 309.9 Meaning of procures an individual to pre-traffic
SECTION 309.10 Procuring children for pre-trafficking marketable quantities of controlled precursors
SECTION 309.11 Procuring children for pre-trafficking controlled precursors
SECTION 309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants
SECTION 309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants
SECTION 309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors
SECTION 309.15 Procuring children for importing or exporting border controlled precursors
Division 310 - Harm and danger to children under 14 from serious drug offences
SECTION 310.1 Children not criminally responsible for offences against this Division
SECTION 310.2 Danger from exposure to unlawful manufacturing
SECTION 310.3 Harm from exposure to unlawful manufacturing
SECTION 310.4 Aggravated offences - manufacturing controlled drugs and controlled precursors
Division 311 - Combining quantities of drugs, plants or precursors
Subdivision A - Combining different parcels on the same occasion
SECTION 311.1 Combining different parcels on the same occasion
Subdivision B - Combining parcels from organised commercial activities
SECTION 311.2 Business of trafficking controlled drugs
SECTION 311.3 Business of pre-trafficking by selling controlled precursors
SECTION 311.4 Business of importing or exporting border controlled drugs or border controlled plants
SECTION 311.5 Business of importing or exporting border controlled precursors
SECTION 311.6 Business of supplying controlled drugs to children
SECTION 311.7 General rules - combining parcels from organised commercial activities
Subdivision C - Combining parcels from multiple offences
SECTION 311.8 Multiple offences - trafficking controlled drugs
SECTION 311.9 Multiple offences - cultivating controlled plants
SECTION 311.10 Multiple offences - selling controlled plants
SECTION 311.11 Multiple offences - manufacturing controlled drugs
SECTION 311.12 Multiple offences - pre-trafficking controlled precursors
SECTION 311.13 Multiple offences - importing or exporting border controlled drugs or border controlled plants
SECTION 311.14 Multiple offences - possessing unlawfully imported border controlled drugs or border controlled plants
SECTION 311.15 Multiple offences - possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
SECTION 311.16 Multiple offences - importing or exporting border controlled precursors
SECTION 311.17 Multiple offences - supplying controlled drugs to children for trafficking
SECTION 311.18 Multiple offences - procuring children for trafficking controlled drugs
SECTION 311.19 Multiple offences - procuring children for pre-trafficking controlled precursors
SECTION 311.20 Multiple offences - procuring children for importing or exporting border controlled drugs or border controlled plants
SECTION 311.21 Multiple offences - procuring children for importing or exporting border controlled precursors
SECTION 311.22 General rules - combining parcels from multiple offences
Division 312 - Working out quantities of drugs, plants or precursors
SECTION 312.1 Working out quantities of drugs and precursors in mixtures
SECTION 312.2 Working out quantities where different kinds of drugs, plants or precursors are involved
Division 313 - Defences and alternative verdicts
SECTION 313.1 Defence - conduct justified or excused by or under a law of a State or Territory
SECTION 313.2 Defence - reasonable belief that conduct is justified or excused by or under a law
SECTION 313.3 Alternative verdict - offence not proved
SECTION 313.4 Alternative verdict - mistake as to quantity of drug, plant or precursor
SECTION 313.5 Alternative verdict - mistake as to identity of drug, plant or precursor
Division 314 - (Repealed by No 167 of 2012)
SECTION 314.1 Controlled drugs
SECTION 314.2 Controlled plants
SECTION 314.3 Controlled precursors
SECTION 314.4 Border controlled drugs
SECTION 314.5 Border controlled plants
SECTION 314.6 Border controlled precursors
Part 9.2 - Psychoactive substances
Division 320 - Psychoactive substances
SECTION 320.1 Definitions
SECTION 320.2 Importing psychoactive substances
SECTION 320.3 Importing substances represented to be serious drug alternatives
Part 9.4 - Dangerous weapons
Division 360 - Cross-border firearms trafficking
SECTION 360.1 Disposal and acquisition of a firearm or firearm part
SECTION 360.2 Cross-border offence of disposal or acquisition of a firearm or firearm part
SECTION 360.3 Taking or sending a firearm or firearm part across borders
SECTION 360.3A Minimum penalties
SECTION 360.3B Double jeopardy and alternative verdicts
SECTION 360.4 Concurrent operation intended
Division 361 - International firearms trafficking
SECTION 361.1 Definitions
SECTION 361.2 Trafficking prohibited firearms or firearm parts into Australia
SECTION 361.3 Trafficking prohibited firearms or firearm parts out of Australia
SECTION 361.4 Defence - reasonable belief that conduct is justified or excused by or under a law
SECTION 361.5 Minimum penalties
SECTION 361.6 Double jeopardy and alternative verdicts
Part 9.5 - Identity crime
Division 370 - Preliminary
SECTION 370.1 Definitions
SECTION 370.2 Definition of foreign indictable offence
SECTION 370.3 Concurrent operation intended
Division 372 - Identity fraud offences
SECTION 372.1 Dealing in identification information
SECTION 372.1A Dealing in identification information that involves use of a carriage service
SECTION 372.2 Possession of identification information
SECTION 372.3 Possession of equipment used to make identification documentation
SECTION 372.4 Extended geographical jurisdiction - category A
SECTION 372.5 Alternative verdict
SECTION 372.6 Attempt
Division 375 - Victims ' certificates
SECTION 375.1 Certificate may be issued by magistrate in relation to victim of identity crime
SECTION 375.2 Content of certificate
SECTION 375.3 Relation to civil and criminal proceedings
SECTION 375.4 Power conferred on magistrate personally
Division 376 - False identity and air travel
SECTION 376.1 Definitions for Division 376
SECTION 376.2 False identification information - at constitutional airports
SECTION 376.3 False identification information - air passenger tickets obtained using a carriage service
SECTION 376.4 False identification information - air passenger tickets for constitutional flights
SECTION 376.5 False identification information - extended jurisdiction (Category D)
Part 9.6 - Contamination of goods
SECTION 380.1 Definitions
SECTION 380.2 Contaminating goods
SECTION 380.3 Threatening to contaminate goods
SECTION 380.4 Making false statements about contamination of goods
SECTION 380.5 Extended geographical jurisdiction - category D
Part 9.9 - Criminal associations and organisations
Division 390 - Criminal associations and organisations
Subdivision A - Definitions
SECTION 390.1 Definitions
SECTION 390.2 State offences that have a federal aspect
Subdivision B - Offences
SECTION 390.3 Associating in support of serious organised criminal activity
SECTION 390.4 Supporting a criminal organisation
SECTION 390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation
SECTION 390.6 Directing activities of a criminal organisation
SECTION 390.7 Extended geographical jurisdiction - category C
Part 9.10 - Community safety orders
Division 395 - Community safety orders
Subdivision A - Preliminary
SECTION 395.1 Object
SECTION 395.2 Definitions
SECTION 395.3 Concurrent operation intended
SECTION 395.4 Regulations may modify operation of this Division to deal with interaction between this Division and State and Territory laws
Subdivision B - Community safety orders
SECTION 395.5 Who a community safety order may apply to and effect of community safety orders
SECTION 395.6 Preconditions for community safety orders
SECTION 395.7 Treatment of a serious offender in a prison under a community safety detention order
Subdivision C - Making community safety orders
SECTION 395.8 Applying for a community safety order
SECTION 395.9 Appointment of and assessment by relevant expert
SECTION 395.10 Determining an application for a community safety order
SECTION 395.11 Matters a Court must have regard to in making a community safety order
SECTION 395.12 Making a community safety detention order
SECTION 395.13 Making a community safety supervision order
SECTION 395.14 Conditions of community safety supervision orders
SECTION 395.15 Conditions where exemptions may be granted
SECTION 395.16 Treatment of photographs and impressions of fingerprints
SECTION 395.17 Obligations relating to monitoring devices
SECTION 395.18 Copy of a community safety supervision order must be given to serious offender ' s lawyer
Subdivision D - Varying a community safety supervision order
SECTION 395.19 Application for variations of community safety supervision orders
SECTION 395.20 Varying a community safety supervision order (other than by consent)
SECTION 395.21 Varying community safety supervision order by consent
SECTION 395.22 Terms of a varied community safety supervision order
Subdivision E - Review of community safety order
SECTION 395.23 Periodic review of community safety order
SECTION 395.24 Review of community safety order on application
SECTION 395.25 Process for reviewing a community safety order
SECTION 395.26 Varying community safety orders after review
Subdivision F - Provisions relating to community safety order proceedings
SECTION 395.27 Civil evidence and procedure rules in relation to community safety order proceedings
SECTION 395.28 Adducing evidence and making submissions
SECTION 395.29 Giving copies of applications etc. to serious offenders
SECTION 395.30 Information excluded from application or material - national security information
SECTION 395.31 Information excluded from application or material - public interest immunity
SECTION 395.32 Information excluded from application and material
SECTION 395.33 Giving documents to serious offenders who are detained in custody
SECTION 395.34 When a serious offender is unable to engage a legal representative
SECTION 395.35 Reasons for decisions
SECTION 395.36 Right of appeal
SECTION 395.37 Consequences of sentences ending or orders ceasing to be in force
Subdivision G - Offences relating to community safety supervision orders
SECTION 395.38 Offence for contravening a community safety supervision order
SECTION 395.39 Offence relating to monitoring devices
SECTION 395.40 Mandatory 1 year imprisonment for offences
Subdivision H - Miscellaneous
SECTION 395.41 Detention under the Migration Act 1958
SECTION 395.42 Effect of prison detention on community safety order
SECTION 395.43 Immigration Minister may direct serious offenders to be assessed
SECTION 395.44 Sharing information
SECTION 395.45 Sharing information relating to community safety supervision orders
SECTION 395.46 Delegation by the Immigration Minister
SECTION 395.47 Arrangement with States and Territories
SECTION 395.48 Arrangements by Australian Federal Police Commissioner for functions and powers relating to community safety supervision orders
SECTION 395.49 Annual report
SECTION 395.50 Effect of community safety detention orders on bail or parole laws
CHAPTER 10 - NATIONAL INFRASTRUCTURE
Part 10.2 - Money laundering
Division 400 - Money laundering
SECTION 400.1 Definitions
SECTION 400.2 Definition of deals with money or other property
SECTION 400.2AA Effective control of money or property
SECTION 400.2A Application of offences relating to possible instruments of crime
SECTION 400.2B Proceeds of crime etc. - money or property worth $10,000,000 or more
SECTION 400.3 Proceeds of crime etc. - money or property worth $1,000,000 or more
SECTION 400.4 Proceeds of crime etc. - money or property worth $100,000 or more
SECTION 400.5 Proceeds of crime etc. - money or property worth $50,000 or more
SECTION 400.6 Proceeds of crime etc. - money or property worth $10,000 or more
SECTION 400.7 Proceeds of crime etc. - money or property worth $1,000 or more
SECTION 400.8 Proceeds of crime etc. - money or property of any value
SECTION 400.9 Dealing with property reasonably suspected of being proceeds of crime etc.
SECTION 400.10 Mistake of fact as to the value of money or property
SECTION 400.10A Effect of money or property being provided as part of a controlled operation - proceeds of indictable crime
SECTION 400.10B Effect of money or property being provided as part of a controlled operation - proceeds of general crime
SECTION 400.11 Proof of certain matters relating to kinds of offences not required
SECTION 400.12 Combining several contraventions in a single charge
SECTION 400.13 Proof of other offences is not required
SECTION 400.14 Alternative verdicts
SECTION 400.14A Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part
SECTION 400.15 Geographical jurisdiction
SECTION 400.16 Saving of other laws
Part 10.5 - Postal services
Division 470 - Preliminary
SECTION 470.1 Definitions
SECTION 470.2 Dishonesty
SECTION 470.3 Determination of dishonesty to be a matter for the trier of fact
SECTION 470.4 Meaning of expressions used in Subdivision B and C of Division 471
Division 471 - Postal offences
Subdivision A - General postal offences
SECTION 471.1 Theft of mail-receptacles, articles or postal messages
SECTION 471.2 Receiving stolen mail-receptacles, articles or postal messages
SECTION 471.3 Taking or concealing of mail-receptacles, articles or postal messages
SECTION 471.4 Dishonest removal of postage stamps or postmarks
SECTION 471.5 Dishonest use of previously used, defaced or obliterated stamps
SECTION 471.6 Damaging or destroying mail-receptacles, articles or postal messages
SECTION 471.7 Tampering with mail-receptacles
SECTION 471.8 Dishonestly obtaining delivery of articles
SECTION 471.9 Geographical jurisdiction
SECTION 471.10 Hoaxes - explosives and dangerous substances
SECTION 471.11 Using a postal or similar service to make a threat
SECTION 471.12 Using a postal or similar service to menace, harass or cause offence
SECTION 471.13 Causing a dangerous article to be carried by a postal or similar service
SECTION 471.14 Geographical jurisdiction
SECTION 471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post
Subdivision B - Offences relating to use of postal or similar service for child abuse material
SECTION 471.16 Using a postal or similar service for child pornography material
SECTION 471.17 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service
SECTION 471.18 Defences in respect of child pornography material
SECTION 471.19 Using a postal or similar service for child abuse material
SECTION 471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
SECTION 471.21 Defences in respect of child abuse material
SECTION 471.22 Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people
SECTION 471.23 Alternative verdict if aggravated offence not proven
Subdivision C - Offences relating to use of postal or similar service involving sexual activity with person under 16
SECTION 471.24 Using a postal or similar service to procure persons under 16
SECTION 471.25 Using a postal or similar service to ' groom ' persons under 16
SECTION 471.25A Using a postal or similar service to ' groom ' another person to make it easier to procure persons under 16
SECTION 471.26 Using a postal or similar service to send indecent material to person under 16
SECTION 471.27 Age-related provisions relating to offences against this Subdivision
SECTION 471.28 Other provisions relating to offences against this Subdivision
SECTION 471.29 Defences to offences against this Subdivision
SECTION 471.29A Sentencing
Subdivision D - Miscellaneous
SECTION 471.30 Geographical jurisdiction
SECTION 471.31 Definition of carry by post does not apply
Division 472 - Miscellaneous
SECTION 472.1 Saving of other laws
SECTION 472.2 Interpretation of other laws
Part 10.6 - Telecommunications Services
Division 473 - Preliminary
SECTION 473.1 Definitions
SECTION 473.2 Possession or control of data or material in the form of data
SECTION 473.3 Producing, supplying or obtaining data or material in the form of data
SECTION 473.4 Determining whether material is offensive
SECTION 473.5 Use of a carriage service
Division 474 - Telecommunications offences
Subdivision A - Dishonesty with respect to carriage services
SECTION 474.1 Dishonesty
SECTION 474.2 General dishonesty with respect to a carriage service provider
Subdivision B - Interference with telecommunications
SECTION 474.3 Person acting for a carrier or carriage service provider
SECTION 474.4 Interception devices
SECTION 474.5 Wrongful delivery of communications
SECTION 474.6 Interference with facilities
SECTION 474.7 Modification etc of a telecommunications device identifier
SECTION 474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier
SECTION 474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
SECTION 474.10 Copying subscription-specific secure data
SECTION 474.11 Possession or control of data or a device with intent to copy an account identifier
SECTION 474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier
Subdivision C - General offences relating to use of telecommunications
SECTION 474.13 Use of a carriage service
SECTION 474.14 Using a telecommunications network with intention to commit a serious offence
SECTION 474.15 Using a carriage service to make a threat
SECTION 474.16 Using a carriage service for a hoax threat
SECTION 474.17 Using a carriage service to menace, harass or cause offence
SECTION 474.17A Using a carriage service to transmit sexual material without consent
SECTION 474.17AA Aggravated offences involving transmission of sexual material without consent
SECTION 474.17AB Double jeopardy etc. provisions - offences involving transmission of sexual material without consent
SECTION 474.17B Alternative verdict if aggravated offence not proven
SECTION 474.18 Improper use of emergency call service
Subdivision D - Offences relating to use of carriage service for child abuse material
SECTION 474.19 Using a carriage service for child pornography material
SECTION 474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service
SECTION 474.21 Defences in respect of child pornography material
SECTION 474.22 Using a carriage service for child abuse material
SECTION 474.22A Possessing or controlling child abuse material obtained or accessed using a carriage service
SECTION 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
SECTION 474.23A Conduct for the purposes of electronic service used for child abuse material
SECTION 474.24 Defences in respect of child abuse material
SECTION 474.24A Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people
SECTION 474.24B Alternative verdict if aggravated offence not proven
SECTION 474.24C Consent to commencement of proceedings where defendant under 18
Subdivision E - Offence relating to obligations of internet service providers and internet content hosts
SECTION 474.25 Obligations of internet service providers and internet content hosts
Subdivision F - Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
SECTION 474.25A Using a carriage service for sexual activity with person under 16 years of age
SECTION 474.25B Aggravated offence - using a carriage service for sexual activity with person under 16 years of age
SECTION 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16
SECTION 474.26 Using a carriage service to procure persons under 16 years of age
SECTION 474.27 Using a carriage service to ' groom ' persons under 16 years of age
SECTION 474.27AA Using a carriage service to ' groom ' another person to make it easier to procure persons under 16 years of age
SECTION 474.27A Using a carriage service to transmit indecent communication to person under 16 years of age
SECTION 474.28 Provisions relating to offences against this Subdivision
SECTION 474.29 Defences to offences against this Subdivision
SECTION 474.29AA Sentencing
Subdivision G - Offences relating to use of carriage service for suicide related material
SECTION 474.29A Using a carriage service for suicide related material
SECTION 474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
Subdivision H - Offences relating to use of carriage service for sharing of abhorrent violent material
SECTION 474.30 Definitions
SECTION 474.31 Abhorrent violent material
SECTION 474.32 Abhorrent violent conduct
SECTION 474.33 Notification obligations of internet service providers, content service providers and hosting service providers
SECTION 474.34 Removing, or ceasing to host, abhorrent violent material
SECTION 474.35 Notice issued by eSafety Commissioner in relation to a content service - presumptions
SECTION 474.36 Notice issued by eSafety Commissioner in relation to a hosting service - presumptions
SECTION 474.37 Defences in respect of abhorrent violent material
SECTION 474.38 Implied freedom of political communication
SECTION 474.39 Provider of content service
SECTION 474.40 Service of copies of notices by electronic means
SECTION 474.41 Giving a copy of a notice to a contact person etc.
SECTION 474.42 Attorney-General ' s consent required for prosecution
SECTION 474.43 Compensation for acquisition of property
SECTION 474.44 This Subdivision does not limit Part 9 of the Online Safety Act 2021
SECTION 474.45 Review of this Subdivision
Subdivision HA - Offences relating to use of carriage service for violent extremist material
SECTION 474.45A Meaning of violent extremist material
SECTION 474.45B Using a carriage service for violent extremist material
SECTION 474.45C Possessing or controlling violent extremist material obtained or accessed using a carriage service
SECTION 474.45D Defences in respect of violent extremist material
SECTION 474.45E Consent to commencement of proceedings where defendant under 18
Subdivision J - Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land
SECTION 474.46 Using a carriage service for inciting trespass on agricultural land
SECTION 474.47 Using a carriage service for inciting property damage, or theft, on agricultural land
SECTION 474.48 Implied freedom of political communication
Division 475 - Miscellaneous
SECTION 475.1A Defences for NRS employees and emergency call persons
SECTION 475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service
SECTION 475.1 Saving of other laws
SECTION 475.2 Geographical jurisdiction
Part 10.7 - Computer offences
Division 476 - Preliminary
SECTION 476.1 Definitions
SECTION 476.2 Meaning of unauthorised access, modification or impairment
SECTION 476.3 Geographical jurisdiction
SECTION 476.4 Saving of other laws
SECTION 476.5 Liability for certain acts - ASIS and AGO
SECTION 476.6 Liability for certain acts - ASIS, ASD or AGO
Division 477 - Serious computer offences
SECTION 477.1 Unauthorised access, modification or impairment with intent to commit a serious offence
SECTION 477.2 Unauthorised modification of data to cause impairment
SECTION 477.3 Unauthorised impairment of electronic communication
Division 478 - Other computer offences
SECTION 478.1 Unauthorised access to, or modification of, restricted data
SECTION 478.2 Unauthorised impairment of data held on a computer disk etc.
SECTION 478.3 Possession or control of data with intent to commit a computer offence
SECTION 478.4 Producing, supplying or obtaining data with intent to commit a computer offence
Part 10.8 - Financial information offences
SECTION 480.1 Definitions
SECTION 480.2 Dishonesty
SECTION 480.3 Constitutional application of this Part
SECTION 480.4 Dishonestly obtaining or dealing in personal financial information
SECTION 480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information
SECTION 480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information
Part 10.9 - Accounting records
Division 490 - False dealing with accounting documents
SECTION 490.1 Intentional false dealing with accounting documents
SECTION 490.2 Reckless false dealing with accounting documents
SECTION 490.3 Meaning of annual turnover
SECTION 490.4 Related bodies corporate
SECTION 490.5 Proof of certain matters unnecessary
SECTION 490.6 Consent to commencement of proceedings
SECTION 490.7 Saving of other laws

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.