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