crimes-internationally-protected-persons-act-1976.pdf, p.5
Cites this Act as the Crimes (Internationally Protected Persons) Act 1976.
1 Short title
crimes-internationally-protected-persons-act-1976.pdf, p.23
1 Section 1
Any State Party may denounce this Convention.
crimes-internationally-protected-persons-act-1976.pdf, p.28
1 Mar 1989 (see Gazette
crimes-internationally-protected-persons-act-1976.pdf, p.29
1 July 1988 (see Gazette
crimes-internationally-protected-persons-act-1976.pdf, p.17
Entitles internationally protected persons special protection from attack on person, freedom or dignity.
Classification of internationally protected persons
crimes-internationally-protected-persons-act-1976.pdf, p.18
Prohibition of certain attacks on internationally protected persons
Prohibits the commission of certain attacks
Classifies as a crime under internal law
States must establish jurisdiction over crimes committed against internationally protected persons.
crimes-internationally-protected-persons-act-1976.pdf, p.19
State must communicate pertinent facts about a crime committed to other States.
crimes-internationally-protected-persons-act-1976.pdf, p.20
Notify other states and international organizations of measures taken to ensure presence for prosecution or extradition.
States Parties undertake to include crimes as extraditable offences in future extradition treaties.
crimes-internationally-protected-persons-act-1976.pdf, p.21
States Parties have an obligation to provide assistance
crimes-internationally-protected-persons-act-1976.pdf, p.22
States Parties must submit disputes to arbitration or the International Court of Justice.
crimes-internationally-protected-persons-act-1976.pdf, p.1
Includes amendments up to Act No. 4, 2016
10 March 2016
crimes-internationally-protected-persons-act-1976.pdf, p.12
Liability to prosecution requires specific conditions
10 Liability to prosecution
Offence committed after the Convention enters into force for Australia
During: Offence committed after the Convention enters into force for Australia
(b) the offence is committed after the Convention enters into force for Australia and...
...and the person is found in Australia or Australia is required by article 3 of the Convention to establish its jurisdiction...
Establishment of jurisdiction over the offence
Requires establishment of jurisdiction over the offence
...and the person is found in Australia or Australia is required by article 3 of the Convention to establish its jurisdiction over...
Crimes and Other Legislation Amendment Act 1994
10 Mar 1993 (see
crimes-internationally-protected-persons-act-1976.pdf, p.10
11 Section 11
11 Taking offenders into custody
11(1) Taking offenders into custody
constable is a member or special member of the Australian Federal Police or a member of a police force of a State or Territory
Constable may take person into custody for dealing with in accordance with section.
11(2) Taking offenders into custody
Person must be held in custody until brought before a Magistrate.
Constable shall cause person to be held in custody.
Two obligations: take into custody and bring before Magistrate.
Magistrate must make order to facilitate warrant execution.
11(3) Taking offenders into custody
the Magistrate shall make such order as is appropriate...
(6) In pursuance of a warrant issued under subsection (6);
(b) there is produced to the Magistrate a warrant for the apprehension...
Warrant execution spreads to other agents.
Magistrate must order release from custody if not satisfied warrant is needed.
11(4) Taking offenders into custody
The excerpt relates to criminal proceedings.
Excerpt overlaps with other provisions on criminal proceedings.
(4) Where, in the circumstances referred to in paragraph (3)(a), a warrant referred to in paragraph (3)(b) is not produced to the Magistrate...
The excerpt describes a procedure for handling unproduced warrants.
Excerpt analyzes warrant production in criminal proceedings.
The Magistrate shall order release from custody.
Magistrate must prohibit further detention.
Excerpt applies diffusion logic to warrant production.
Excerpt has recurring trace in handling unproduced warrants.
Must bring person before Magistrate after remand period expires
11(5) Taking offenders into custody
Obligation to bring person before Magistrate
Failure to appear before a Magistrate may result in warrant for apprehension.
11(6) Taking offenders into custody
...a Magistrate may issue a warrant for the apprehension of the person and for bringing the person before a Magistrate.
Temporal overlap between recognizance and failure to appear.
(6) If a person who has been remanded on bail under subsection (4) does not appear before a Magistrate at the time and place mentioned in the recognizance entered into by the person on being granted bail...
Implication of failure to appear on recognizance.
Prohibition of failure to appear before a Magistrate.
Diffusion of recognizance to apprehend failure to appear.
Entitlement to Convention rights for non-Australian citizens taken into custody
11(7) Taking offenders into custody
Applicability of laws in force to persons held in custody on remand
11(8) Taking offenders into custody
...in relation to persons who are held in custody on remand...
(8) The laws in force in a State or Territory...
Permits arrest for an offence against this Act under other laws.
11(9) Taking offenders into custody
crimes-internationally-protected-persons-act-1976.pdf, p.30
11 Feb
Commences at the later of two specified events
11(1) Feb
Proclamation cannot fix a day earlier than the publication date without specific conditions.
11(3) Feb
Date cannot be earlier than substantial minority sale day.
Prohibition of fixing an earlier date without conditions.
Commencement of amendments to various Acts
11(4) Feb
11(3C) Section 11
If evidence establishes a related offence, the person may be found guilty of that offence.
11(6) Section 11
Kidnapping, murder, and other violent acts are prohibited.
11(7) Section 11
Prohibits kidnapping, murder, and other violent acts.
Classifies actions as kidnapping or murder based on intent and circumstances.
crimes-internationally-protected-persons-act-1976.pdf, p.14
12 Prosecutions
12(1) Prosecutions
(1) Subject to subsection (2), a prosecution for an offence against this Act shall be on indictment.
A person charged in a State or Territory with an offence against this Act may be dealt with in accordance with that law.
12(2) Prosecutions
Consent from Attorney-General or authorized person
Attorney-General must provide consent for prosecution
12(3) Prosecutions
No further step in proceedings shall be taken until consent is given.
12(4) Prosecutions
Proceedings overlap with the consent period.
Obligation to obtain consent before proceeding.
Nothing in subsection (4) prevents the discharge of the accused if proceedings are not continued within a reasonable time.
12(5) Prosecutions
Prohibits discharge of the accused if proceedings are not continued within a reasonable time.
crimes-internationally-protected-persons-act-1976.pdf, p.15
13 Evidence of matters relating to Convention
Foreign Affairs Minister must provide written certificate stating Convention entry/exit date.
13(1) Evidence of matters relating to Convention
Obligation to provide written certificate.
Australia may be named in a certificate under subsection (1)
13(2) Evidence of matters relating to Convention
Certificate admissible as prima facie evidence
13(3) Evidence of matters relating to Convention
are temporally related as subsections of the same section.
is admissible as prima facie evidence of the matters stated in the certificate.
(3) A certificate given under subsection (1)
14 Certificates by Foreign Affairs Minister
Foreign Affairs Minister may issue written certificate stating relevant matters about an internationally protected person.
14(1) Certificates by Foreign Affairs Minister
Certificate admissibility in proceedings
14(2) Certificates by Foreign Affairs Minister
crimes-internationally-protected-persons-act-1976.pdf, p.16
15 Jurisdiction of courts
15 June
Jurisdiction of courts with respect to offences against this Act.
15(1) Jurisdiction of courts
...as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.
Relates to a temporal interval during which jurisdiction is invested.
Invests jurisdiction in a court of a State.
Jurisdiction of courts outside Territory
15(2) Jurisdiction of courts
15(3) Jurisdiction of courts
The trial can occur at any time when the court is competent and can sit there.
(3) The trial of an offence against this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.
The artificial intelligence recognizes that the court has jurisdiction over trials outside the state.
The court has jurisdiction over trials outside the state.
The information about the trial diffuses to all places where the court can sit.
The trial holds for all times when the court is competent and can sit there.
A matter arising under this Act is deemed not a matter arising directly under a treaty.
16 Section 38 of Judiciary Act
16 Dec
Not a matter arising directly under a treaty
17 Jan 1990
19 Oct 1979 (see s. 2 and
19 Dec
19 Feb
2 Commencement
The Convention enters into force on the thirtieth day after deposit by a State of its instrument of ratification or accession.
2 Section 2
Denunciation takes effect six months after notification to the Secretary-General.
Denunciation takes effect six months after notification.
Classifies descriptive clause as Undertaking.
The text describes a condition for denunciation to take effect.
Each State Party shall make these crimes punishable by appropriate penalties.
Each State Party must take necessary measures to establish jurisdiction over crimes committed in its territory.
Transmit information about a crime against an internationally protected person to the relevant State Party.
Transmission must occur within a certain time frame
Temporal overlap between State Party's actions and transmission deadline
State Party has information about the victim and circumstances of the crime before a certain date
Transmission must occur within a certain time frame based on AI calculations
Artificial intelligence inference for transmission deadline calculation
State Party has information about the victim and circumstances of the crime
Relevant State Party receives information promptly
Information diffusion from State Party to relevant State Party
Transmission must occur within a certain time frame after that date
Entitlement to communicate with State representative and be visited.
A State Party may consider this Convention as the legal basis for extradition in respect of those crimes.
Communicate final outcome of proceedings to the Secretary-General.
States Parties may declare not to be bound by paragraph 1 of article 1.
States Parties may declare not to be bound.
2(1) Commencement
Requires temporal relation between commencement and Royal Assent
2(2) Commencement
20 Feb 2010
21 Dec
22 Mar
Schedule 3 (item 2) of the Statute Law Revision Act (No. 1) 2016
22 Sept
Compilation information and notes about amendments.
26 May 2016
Conditional commencement of Australian Federal Police (Consequential Amendments) Act 1979
28 Feb
28 Nov
28 May
28 May 1980
Conditional commencement of the Legislation Amendment (Application of Criminal Code) Act 2001
28 June
Requires a relation between identifiable temporal intervals for conditional commencement
Conditional commencement is specified as 20 July 1977
3 Interpretation
States Parties must take measures to prevent attacks on internationally protected persons.
3 Section 3
States Parties must recognize extraditable offences between themselves.
States Parties must recognize extraditable offences.
Withdrawal of reservations by States Parties
Australia includes all Territories and Australian coastal sea.
3(1) Interpretation
Australia is a country that includes all Territories and Australian coastal sea.
Meaning of expressions from Convention to be applied in Act
3(3) Interpretation
crimes-internationally-protected-persons-act-1976.pdf, p.6
3A Extended meaning of internationally protected person
Definition of internationally protected person includes the Governor-General in relation to Australia.
3A(1) Extended meaning of internationally protected person
The definition includes the Governor-General.
Prescribes representatives and officials of Australia, states, international organisations, and overseas missions.
3A(2) Extended meaning of internationally protected person
Defines the scope of application for the definition of internationally protected person.
(2) For the purposes of this Act, the definition of internationally protected person...
Includes persons in the definition of internationally protected person.
(b) a prescribed representative or official of a prescribed state other than Australia;
(d) a prescribed official of a prescribed designated overseas mission;
Governor-General may make regulations for the purposes of this section.
3A(3) Extended meaning of internationally protected person
Defines official in relation to a designated overseas mission.
3A(4) Extended meaning of internationally protected person
official in relation to a designated overseas mission
Temporal interval includes the head of the mission or staff member
Relates to the Overseas Missions (Privileges and Immunities) Act 1995
crimes-internationally-protected-persons-act-1976.pdf, p.7
4 Extension of Act to Territories
Guarantee fair treatment for persons undergoing proceedings.
4 Section 4
Guaranteeing fair treatment is an obligation.
Act extends to acts, matters and things outside Australia.
5 Extraterritorial operation of Act
crimes-internationally-protected-persons-act-1976.pdf, p.8
6 Effect of this Act on other laws
Obligation on s. 4(1), (2) and Schedule 16(c)
6 Apr 2001
This Act does not exclude or limit the operation of other laws.
6(1) Effect of this Act on other laws
6(2) Effect of this Act on other laws
No liability for convictions under foreign laws
6(3) Effect of this Act on other laws
Temporal overlap between conviction abroad and under this Act
(3) Where a person has been convicted of an offence under the law of a country outside Australia in respect of any conduct, that person is not liable to be convicted of an offence against this Act in respect of that conduct.
Recognizing the exemption from conviction under this Act for persons convicted abroad
Implies no conviction under this Act if convicted abroad
Diffusing the scope of exemption from conviction under this Act for persons convicted abroad
Repeating pattern of exemption from conviction under this Act for persons convicted abroad
Chapter 2 of the Criminal Code applies to all offences against this Act.
6A Application of the Criminal Code
7 Ratification of Convention
Australia has obligation to ratify Convention
8 Offences
Murdering or kidnapping an internationally protected person is punishable by imprisonment for life.
8(1) Offences
Murdering or kidnapping occurs during the punishment of murder and kidnapping.
(1) A person who murders or kidnaps an internationally protected person commits an offence against this Act and is punishable on conviction by imprisonment for life.
Prohibits murder and kidnapping of internationally protected persons.
Imposes a duty to punish murder and kidnapping of internationally protected persons.
Offences against internationally protected persons are prohibited.
8(2) Offences
Prohibits committing attacks on internationally protected persons.
Destroying or damaging certain premises is an offence.
8(3) Offences
...commits an offence against this Act and is punishable...
Defines a temporal interval for the offence.
(3) A person who intentionally destroys or damages...
Prohibits destroying or damaging certain premises.
Classifies actions as offences based on intent.
Diffuses the prohibition to all relevant entities.
Defines a recurring trace for the offence.
Destroying or damaging internationally protected person's property is prohibited.
8(3A) Offences
Defines temporal interval for destruction or damage to internationally protected person's property.
(3A) A person who intentionally destroys or damages...
Recognizes internationally protected person's property as entity.
Prohibits destruction or damage to internationally protected person's property.
Classifies destruction or damage to internationally protected person's property as prohibited.
Defines recurring trace for destruction or damage to internationally protected person's property.
Validates schema for internationally protected person's property.
Destroying or damaging official premises, private accommodation, or means of transport of an internationally protected person is prohibited.
8(3B) Offences
The destruction overlaps with the internationally protected person's presence.
Temporal overlap between destruction and internationally protected person presence
(b) any other premises or property in or upon which an internationally protected person is present...
A knowledge graph is constructed for the classification of premises.
Construction of knowledge graph for classification of premises
(a) any official premises, private accommodation or means of transport...
An offence against this Act is committed.
(3B) A person who intentionally destroys or damages...
The premises are classified as official or private.
Classification of premises as official or private
A recurring trace exists between destruction and internationally protected person presence.
Recurring trace of destruction and internationally protected person presence
The premise classification is validated against the SHACL schema.
Validation of premise classification against SHACL schema
Destroying or damaging internationally protected premises with intent to endanger life is prohibited.
8(3C) Offences
Damages occur during the same time period as the offence.
(3C) A person who intentionally destroys or damages by means of fire or explosive: ...
Prohibits destruction or damage with intent to endanger life.
An internationally protected premises is damaged.
Classifies destruction or damage as an offence.
Damages repeat the same action as the offence.
Threatening to commit an offence is itself an offence.
8(4) Offences
Absolute liability applies for certain physical elements of circumstance in an offence against subsections (1), (2), (3), (3A), (3B), (3C) or (4)
8(4A) Offences
The circumstance is a temporal relation to the offence if it meets condition (d)
Temporal relation between the circumstances and the offence
(4A) For the purposes of an offence against subsection (1), (2), (3), (3A), (3B), (3C) or (4)
The circumstance is an absolute liability obligation if it meets condition (c)
The circumstance is classified as a physical element of circumstance relevant to the offence if it meets condition (a)
Classification of circumstances relevant to the offence
(a) that the person who is murdered or kidnapped, or whose person or liberty is otherwise attacked, is an internationally protected person;
The circumstance is classified as a physical element of circumstance relevant to the offence if it meets condition (d)
The circumstance is a recurring trace if it meets condition (b)
Recurring trace of circumstances relevant to the offence
Creates an offence for purposes of this Act
8(5) Offences
An Act relating to the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1 Short title This Act may be cited as the Crimes (Internationally Protected Persons) Act 1976.
Crimes (Internationally Protected Persons) Act 1976