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