1 Short title
Includes amendments up to Act No. 4, 2016
10 March 2016
10 Prosecutions
Attorney-General's consent required for prosecution
10(1) Prosecutions
No further step in proceedings can be taken until consent is given.
10(2) Prosecutions
Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.
10(3) Prosecutions
Prevents discharge of the accused if proceedings are not continued within a reasonable time.
Presumption that act did not take place in another part of Australia
11 Venue where offence committed on aircraft
Amendments to Crimes (Hostages) Act 1989
11 Feb
12 Change of venue
Proceedings on indictment must be discontinued if offence committed in another part of Australia.
12(1) Change of venue
the court shall forthwith order that the proceedings on the indictment be discontinued
(a) the defendant objects to the trial...
Discharge jury if offence committed in another part of Australia
at a specified time, not later than 28 days after the day on which the order is made
Order defendant to appear before another court of first-mentioned State or Territory
that the defendant appear before that court...
Court may admit defendant to bail on recognizances it thinks fit.
12(2) Change of venue
Defendant's obligation to appear before court discharged if indictment not filed.
12(3) Change of venue
...the Attorney-General or the Director of Public Prosecutions notifies that court that he or she does not intend to file an indictment against the defendant in a court of another part of Australia,
Notification period during which the defendant's obligation to appear is discharged.
(3) If, before the time at which the defendant is to appear before a court...
Release from custody or discharge of recognizances.
...the defendant from the obligation to appear before that court at that time;
...the first-mentioned court shall, as soon as practicable after being so notified, make an order:
Notification period until which the defendant's obligation to appear is discharged.
Court must not allow defendant to appear before court if indictment filed in another part of Australia.
12(4) Change of venue
Court must not allow defendant to appear before court.
Defendant must be released if certain conditions are met.
12(5) Change of venue
No prejudice to other indictments or information against the defendant.
12(6) Change of venue
Court jurisdiction may be exercised by a single judge or Magistrate.
12(7) Change of venue
Exercise of jurisdiction may be permitted.
13 Evidence of certain matters
Minister must provide written certificate stating Convention entered into force and remains in force.
13(1) Evidence of certain matters
Minister has an obligation to provide written certificate.
Certificate admissible as prima facie evidence
13(2) Evidence of certain matters
Prima facie evidence of matters stated in the certificate
Matter under this Act does not include treaty interpretation matters.
14 Section 38 of Judiciary Act
Exclude treaty interpretation from matters under this Act.
States shall report findings and intentions regarding jurisdiction. A person in custody is entitled to assistance under article 6 of the Convention. Any State Party may withdraw its reservation by notification to the Secretary-General of the United Nations.
15 Assistance under article 6 of Convention
15 May
State shall report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.
States are obligated to report findings and intentions.
Reservation is withdrawn when State notifies Secretary-General
18 December 1979, a copy of the English text of which is set out in
18(2) December 1979, a copy of the English text of which is set out in
has, in this Act, the same meaning as it has in the Convention.
(2) Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention...
Exempts certain offences from Commonwealth law
18(3) December 1979, a copy of the English text of which is set out in
Not an offence against a law of the Commonwealth
Section 6 of the Crimes Act 1914 and section 11.4 of the Criminal Code
19 Dec
Statute Law Revision Act 2012, sections 136 and 2012
Commences on a day fixed by proclamation.
2 Commencement
20 June 1990 (gaz 1990,
Conditional commencement of Crimes and Other Legislation Amendment Act 1994
21 Dec
22 Mar
Conditional commencement of Statute Law Revision Act (No. 1) 2016
22 Sept
Conditional commencement of Statute Law Revision Act 2011
25 May 2016
Conditional commencement of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
25 Oct
Defines the temporal interval for commencement
The text specifies a specific date and time for commencement
Definition of Australian aircraft and coastal sea
3 Interpretation
(Australian coastal sea) = (the territorial sea of Australia) and (the sea on the landward side of the territorial sea of Australia)
Class hierarchy for Australian aircraft and coastal sea
(Australian aircraft) = (an aircraft registered under regulations made under the Civil Aviation Act 1988) or (an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth) or (an aircraft of any part of the Defence Force)
4 Act extends to external Territories
State has jurisdiction over external Territories
Extends to acts, matters and things outside Australia.
5 Application
6 Effect of this Act on other laws
6 Apr 2001
This Act does not exclude or limit the operation of other laws.
6(1) Effect of this Act on other laws
Other laws are not excluded by this Act.
This Act is not intended to exclude or limit the operation of any other law.
Immunity from prosecution for convictions in foreign countries
6(2) Effect of this Act on other laws
(Person is not liable to be convicted of an offence against this Act)
(Person has been convicted in a country outside Australia of an offence against the law of that country) Implies (Person is not liable to be convicted of an offence against this Act)
Chapter 2 of the Criminal Code applies to all offences against this Act.
6A Application of the Criminal Code
Seizing or detaining another person and threatening to kill, injure, or continue to detain them is hostage-taking.
7 Meaning of hostage-taking
8 When hostage-taking an offence
A person who commits an act of hostage-taking after the Convention enters into force for Australia commits an offence against this subsection.
8(1) When hostage-taking an offence
The act of hostage-taking must occur before the Convention enters into force for Australia
(1) A person who, at any time after the Convention enters into force for Australia, commits an act of hostage-taking.
Obligation to commit an act of hostage-taking
8(2) When hostage-taking an offence
The temporal interval of hostage-taking overlaps with the temporal intervals of offences punishable by imprisonment for life or for any lesser term
Hostage-taking overlaps with offences punishable by imprisonment for life or for any lesser term
(2) The punishment for an offence against subsection (1) is imprisonment for life or for any lesser term.
Hostage-taking is classified as an offence based on its punishment
Classifies hostage-taking as an offence based on its punishment
If the punishment for an offence against subsection (1) includes imprisonment for life or for any lesser term, then hostage-taking is an offence
Implies that hostage-taking is an offence if it is punishable by imprisonment for life or for any lesser term
Hostage-taking is a subclass of offences
Represents hostage-taking as a subclass of offences
Subject to section 9, a person shall not be charged with an offence against this Act unless certain conditions are met.
8(3) When hostage-taking an offence
(ii) The person is present in Australia.
(i) The person is an Australian citizen.
If the act was committed outside Australia, then the person must be an Australian citizen.
(ii) The person is not an Australian citizen.
If the act was committed outside Australia, then the person must be present in Australia.
(ii) The person is not present in Australia.
(i) The act is committed to compel an institution.
If the act was committed outside Australia, then the act must be committed to compel a legislative, executive or judicial institution in Australia.
(iii) The person is not committing the act to compel an institution.
9 Person not to be charged in certain circumstances
No charge for acts not covered by the Convention.
9(1) Person not to be charged in certain circumstances
Convention would not apply in relation to that act
Excerpt defines a temporal interval where Convention does not apply.
If Convention applies, charge is possible.
Excerpt defines a diffusion of Convention applicability.
9(2) Person not to be charged in certain circumstances
Exemption from extradition for persons extradited to the State where the act was committed
9(3) Person not to be charged in certain circumstances
Person extradited to the State where the act was committed
Definition of State for certain circumstances
9(4) Person not to be charged in certain circumstances
An Act to give effect to the International Convention Against the Taking of Hostages, and for related purposes
Crimes (Hostages) Act 1989