1 Short title
Chief officer must give written report to Ombudsman
1 January or 1 July the chief officer of an eligible agency must give
(a) the number of applications for delayed notification search warrants made in person by eligible officers of the agency;
1 January or 1 July the Ombudsman must give a written report to
Ombudsman must give a written report to the specified entity if requirements are not properly complied with.
1(2) January or 1 July the Ombudsman must give a written report to
The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days.
1(3) January or 1 July the Ombudsman must give a written report to
The Minister must cause a copy of the report to be laid before each House of the Parliament.
Any person may institute proceedings for trial or summary conviction.
13 Institution of proceedings in respect of offences
149 Section 149
Disclosing notice information without permission is prohibited.
149(1) Section 149
Disclosing the existence or nature of the notice.
Prohibition of disclosing notice information.
(a) the person is given a notice under section 3ZQN or 3ZQO;
(b) the notice specifies that information about the notice must not be disclosed;
(c) the person discloses the existence or nature of the notice;
Disclosure exceptions for obtaining documents or legal advice
149(2) Section 149
Allows disclosure under certain conditions
Disclosure is made for the purposes of...
Disclosure is made to obtain legal advice or...
Exemption from penalty for producing document under certain conditions.
149(3) Section 149
Granting permission to produce a document
Failure to comply with notice results in an offence.
149(4) Section 149
Failure to comply results in an offence.
Given a notice under section 3ZQN or 3ZQO.
Permission to fail to comply with notice is not granted.
The person fails to comply with the notice.
No right to fail to comply with notice is granted.
Undertaking to comply with notice is implied.
The fact that a person is not excused under subsection (1) from producing a document.
Tracing the failure to comply with notice.
The person is given a notice under section 3ZQN or 3ZQO.
Remand of defendant to custody or recognizance
15 Remand of defendant
15A Enforcement of fines etc.
A law of a State or Territory relating to the enforcement or recovery of a fine imposed on an offender applies to a person convicted in the State or Territory of an offence against a law of the Commonwealth.
15A(1) Enforcement of fines etc.
The law applies to a person convicted in the State or Territory of an offence against a law of the Commonwealth.
Law of a State or Territory applies to federal courts in relation to fines ordered to be paid by offenders convicted summarily.
15A(1A) Enforcement of fines etc.
...in relation to fines ordered to be paid by offenders convicted summarily.
Applies during the period of conviction.
Requires the law of a State or Territory to apply and be applied.
(1A) Where there is a law of a State or Territory...
...in relation to any law of that State or Territory.
Does not require the law of a State or Territory to apply in relation to fines ordered to be paid by offenders convicted by superior courts.
15A(1B) Enforcement of fines etc.
15AA Bail not to be granted in certain cases
No bail can be granted to certain persons without exceptional circumstances.
15AA(1) Bail not to be granted in certain cases
Prohibition of granting bail to certain persons.
15AA(2) Bail not to be granted in certain cases
Bail not granted to persons supporting terrorist acts
15AA(2A) Bail not to be granted in certain cases
Defines temporal interval for control orders
(2A) This subsection covers the following persons:
Prohibits making statements or carrying out activities supporting terrorist acts
(b) a person who the bail authority is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.
Court must state reasons for granting bail and cause them to be entered in court records.
15AA(3) Bail not to be granted in certain cases
15AB Matters to be considered in certain bail applications
Consider potential impact on persons and witnesses when granting bail.
15AB(1) Matters to be considered in certain bail applications
Must consider potential impact on persons and witnesses.
(1) In determining whether to grant bail...
Consider potential impact of granting bail on a person living in a remote community.
15AB(2) Matters to be considered in certain bail applications
Duty to consider impact of granting bail
Defines criminal behaviour in certain bail applications
15AB(3) Matters to be considered in certain bail applications
...forms part of a physical element of the offence in question; and...
Defines criminal behaviour as occurring during an offence
(3) In paragraph (1)(b): criminal behaviour includes:...
...forms part of a physical element of the offence in question; and (b) any fault element relating to such a physical element.
Includes conduct, omission, circumstance or result in criminal behaviour
(a) any conduct, omission to act, circumstance or result that is,...
Defines criminal behaviour as a subclass of physical elements of an offence
Exemptions from certain bail applications
15AB(3A) Matters to be considered in certain bail applications
(3A) Paragraph (1)(b) does not apply in relation to an offence against...
Matters to be considered in certain bail applications
15AB(4) Matters to be considered in certain bail applications
15B Time for commencement of prosecutions
15B(1) Time for commencement of prosecutions
["one year after commission of offence", "any time"]
Temporal intervals overlap with each other
(1) Subject to subsection (1B), a prosecution of an individual for an offence against any law of the Commonwealth may be commenced as follows:
at any time within one year after the commission of the offence.
Temporal interval starts with a specific point
at any time; (b) in any other case—at any time within one year after the commission of the offence.
["commission of offence", "commencement of prosecution"]
Event occurs eventually after another event
Prosecution of a body corporate for an offence against any law of the Commonwealth may be commenced at any time within one year after commission of the offence, except in cases where maximum penalty is more than 150 penalty units.
15B(1A) Time for commencement of prosecutions
15B(1B) Time for commencement of prosecutions
Defines class of individuals subject to restrictions
Body corporate with maximum penalty over 150 units
Prosecution can be commenced within one year after commission of offence.
15B(2) Time for commencement of prosecutions
Permits prosecution at any time within one year.
15C Form of indictments, information and summonses
Court may make amendments to indictments, information or summons as necessary.
15C(1) Form of indictments, information and summonses
Court may adjourn hearing for period it thinks fit.
15C(2) Form of indictments, information and summonses
Court power not exercised in cases where amendments cannot be made without injustice to the defendant.
15C(3) Form of indictments, information and summonses
Court considers required amendments cannot be made without injustice to the defendant.
Nothing in this Act derogates from any power or privilege of Parliament.
15E Privilege of Parliament not affected
15F Civil rights not affected
List of Commonwealth offences and entities
272 Section 272
Commonwealth entity has a meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013
Section 10 of the Public Governance, Performance and Accountability Act 2013
Commonwealth officer means a person holding office under, or employed by, the Commonwealth
Class hierarchy for Commonwealth officer
Definitions for Aboriginal person, ACC, and associated offence.
3 Interpretation
Definitions and clarifications for various terms used in the Crimes Act 1914.
30 September or 31 December.
target entity is an APP entity as defined in section 6 of the Privacy Act 1988
senior executive AFP employee is defined
senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979
staff member of the NACC has the same meaning as in the National Anti-Corruption Commission Act 2022
3A Operation of Act
3AA State offences that have a federal aspect
A State offence has a federal aspect if certain conditions are met.
3AA(1) State offences that have a federal aspect
If the State offence meets these conditions, it has a federal aspect.
Identify State offences with a federal aspect
3AA(1A) State offences that have a federal aspect
(1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.
Determines the specificity of acts or omissions in State offences
3AA(2) State offences that have a federal aspect
A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence affects the interests of the Commonwealth or an authority of the Commonwealth.
3AA(3) State offences that have a federal aspect
(State offence) is taken to be covered by paragraph (1)(c)
If conduct affects Commonwealth interests, then it is a covered State offence.
(conduct constituting the State offence) (affects the interests of the Commonwealth or an authority of the Commonwealth)
Governor-General may make arrangements with State, ACT Government or NT Administrator.
3B Arrangements with States, Australian Capital Territory and
Chapter 2 of the Criminal Code applies to all offences against this Act.
3BA Application of the Criminal Code
3C Interpretation
3CA Nature of functions of magistrate
3CA(1) Nature of functions of magistrate
Magistrate's order has no effect outside of this Act
3CA(2) Nature of functions of magistrate
(2) Without limiting the generality of subsection (1), an order made by a magistrate under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has effect only by virtue of this Act and is not to be taken by implication to be made by a court.
Protection and immunity for magistrates performing certain functions.
3CA(3) Nature of functions of magistrate
...as if he or she were performing that function as, or as a member of, a court.
Protection and immunity during performance of certain functions.
(3) A magistrate performing a function of, or connected with, making an order under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has the same protection and immunity...
Has the same protection and immunity as a court member.
Governor-General may make arrangements with other officials for magistrate performance
3CA(4) Nature of functions of magistrate
3D Application of Part
3D(1) Application of Part
Prevents conflicting laws from limiting the power of this Part.
3D(2) Application of Part
a similar power conferred by this Part may be used despite the existence of the power under the other law.
Precludes other laws from limiting the power of this Part.
(2) To avoid any doubt, it is declared that even though another law of the Commonwealth (including other provisions of this Act) provides power to do one or more of the things referred to in subsection (1),
Allows for either preclusion or inclusion.
Territories' laws exempt from Part's operation
3D(4) Application of Part
Territories' laws and Part's operation overlap in time
Part's operation overlaps with Territories' laws
(4) This Part is not intended to limit or exclude the operation of a law of a Territory
Part does not apply to exercise of powers under Defence Force Discipline Act 1982.
3D(5) Application of Part
This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.
(5) This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.
Application of Part not intended to limit or exclude concurrent State laws
3D(6) Application of Part
3E When search warrants can be issued
Issuing officer must issue warrant to search premises if reasonable grounds exist.
3E(1) When search warrants can be issued
Issuing officer must issue warrant for search or frisk if grounds exist.
3E(2) When search warrants can be issued
Issuing officer has grounds to suspect evidential material exists
Reasonable grounds exist for search or frisk
Information on oath or affirmation indicates reasonable grounds
Evidential material must exist within 72 hours
Person has evidential material in possession or will have in the future
Grounds for suspicion must be stated in the information.
3E(3) When search warrants can be issued
Must state particulars of previous applications and outcomes when applying for a warrant.
3E(4) When search warrants can be issued
Must state particulars of previous applications and outcomes.
Officer must state warrant details in search warrant
3E(5) When search warrants can be issued
Warrant must expire within 7 days of issuance.
3E(5A) When search warrants can be issued
Prohibits warrant expiration after 7 days.
Seizure of thing is prohibited unless on reasonable grounds
3E(6) When search warrants can be issued
(6) The issuing officer is also to state, in a warrant...
Restricts entry and search of premises without warrant.
3F The things authorised by a search warrant—general
3FA The things authorised by a search warrant—additional things
Seizing digital assets under certain circumstances without a warrant is prohibited.
3FA(1) The things authorised by a search warrant—additional things
Prohibition of seizing digital assets without a warrant.
Authorises seizing digital assets under certain conditions.
3FA(2) The things authorised by a search warrant—additional things
Reasonable suspicion of existence and necessity to prevent concealment, loss or destruction.
Executing officer may use force against persons and things under certain conditions.
3G Availability of assistance and use of force in executing a warrant
Warrant execution overlaps with force use
Temporal overlap between warrant execution and force use
The executing officer may use force against persons and things under certain conditions
Executing officer may use force against persons and things
Executing officer may obtain such assistance
Force use is until the warrant is executed
Temporal relationship between warrant issuance and force use
The executing officer may obtain such assistance
3H Details of warrant to be given to occupier etc.
Must provide a copy of the warrant to the occupier or apparent representative.
3H(1) Details of warrant to be given to occupier etc.
Must provide a copy of the warrant to the occupier.
3H(2) Details of warrant to be given to occupier etc.
Executing officer must show warrant to person searched under warrant.
3H(3) Details of warrant to be given to occupier etc.
Executing officer must identify themselves to the person at the premises or being searched.
3H(4) Details of warrant to be given to occupier etc.
No signature or seal is required on the warrant copy.
3H(5) Details of warrant to be given to occupier etc.
3J Specific powers available to constables executing warrant
Taking photographs of premises with consent.
3J(1) Specific powers available to constables executing warrant
Temporary cessation of warrant execution for a specified period.
3J(2) Specific powers available to constables executing warrant
...or (aa) if there is an emergency situation, for not more than 12 hours...
Temporal overlap between warrant execution periods.
...the executing officer and the constables assisting may, if the warrant is still in force...
Inference of warrant execution periods from issuing officer's discretion.
(2) If a warrant in relation to premises is being executed...
Granting permission to temporarily cease warrant execution.
Diffusion of warrant execution periods to issuing officers.
such longer period as allowed by an issuing officer under section 3JA;
(b) for a longer period if the occupier of the premises consents in writing.
Completion of warrant execution despite court order revocation
3J(3) Specific powers available to constables executing warrant
the execution of the warrant may be completed.
Warrant execution can proceed despite court order revocation
(a) the execution of a warrant is stopped by an order of a court;
3JA Extension of time to re-enter premises in emergency situations
Extension of time to re-enter premises in emergency situations
3JA(1) Extension of time to re-enter premises in emergency situations
(c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);
Time period within which returning to premises is not possible
(1) If: (a) a warrant in relation to premises is being executed; and (b) there is an emergency situation; and (c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa); he or she may apply to an issuing officer for an extension of that period.
(b) there is an emergency situation; and (c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);
Emergency situation recurring within time period
Must give notice before making an application in emergency situations.
3JA(2) Extension of time to re-enter premises in emergency situations
...if it is practicable to do so, give notice to the Part IAA Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
(2) Before making the application, the executing officer or a constable assisting must...
...give notice to the Part IAA Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
3K Use of equipment to examine or process things
Equipment may be brought to premises for examination or processing.
3K(1) Use of equipment to examine or process things
Equipment is used for examination or processing
(1) The executing officer of a warrant in relation to premises, or constable assisting, may bring to the warrant premises any equipment reasonably necessary...
Move thing for examination or processing under warrant
3K(2) Use of equipment to examine or process things
(i) it is significantly more practicable...
Information about address and time of examination or processing
Executing officer must inform and allow person to be present during examination or processing.
3K(3) Use of equipment to examine or process things
Executing officer must inform and allow person to be present
Limitation on examination or processing of things
3K(3A) Use of equipment to examine or process things
Prohibits moving thing for examination or processing
Executing officer may request extension of time for examination or processing.
3K(3B) Use of equipment to examine or process things
Requesting an extension is a permissible action.
Executing officer has reasonable grounds for requesting an extension.
Requesting extensions is a recurring action.
Executing officer may operate electronic equipment at premises to access data if they suspect on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset.
3L Use of electronic equipment at premises
Temporal interval for accessing data based on suspicion
Executing officer suspects on reasonable grounds at a specific time
Permission to operate electronic equipment
Executing officer has authority to access data
Reasonable suspicion required for accessing data
Executing officer believes data is evidential material or suggests digital asset
Conditional access to data based on suspicion
Executing officer suspects on reasonable grounds
A constable may apply for an order requiring a specified person to provide information or assistance.
3LA Person with knowledge of a computer or a computer system to
Obligation to provide information or assistance.
3LB Accessing data held on certain premises—notification to
Notify occupier of premises on which data is held that data has been accessed under a warrant.
3LB(1) Accessing data held on certain premises—notification to
Information for contacting the executing officer
Notification must include sufficient information to contact the executing officer. Include information in notification
3LB(2) Accessing data held on certain premises—notification to
Include that information in the notification
3M Compensation for damage to equipment
Compensation for damage to equipment when insufficient care is exercised in selecting or operating the equipment.
3M(1) Compensation for damage to equipment
The period of insufficient care requires compensation.
Compensation is required during the period of insufficient care.
(a) as a result of equipment being operated...
The state is responsible for the damage.
Compensation implies that the state is responsible for the damage.
Compensation recognizes the need for care in selecting or operating the equipment.
Obligation to compensate for damage caused by insufficient care.
The responsibility is diffused to the state.
Compensation diffuses the responsibility to the state.
Commonwealth must pay reasonable compensation for damage to equipment.
3M(2) Compensation for damage to equipment
Owner/user may seek compensation from Commonwealth if agreement fails.
3M(3) Compensation for damage to equipment
Provide warning or guidance on equipment operation if available.
3M(4) Compensation for damage to equipment
Compensation is payable out of money appropriated by the Parliament.
3M(5) Compensation for damage to equipment
Part IAA Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
3M(6) Compensation for damage to equipment
3N Copies of seized things to be provided
Constable must provide a copy of seized documents or information to the occupier upon request.
3N(1) Copies of seized things to be provided
Exemptions from seizure under subsection (1)
3N(2) Copies of seized things to be provided
3P Occupier entitled to be present during search
Occupant has right to observe search under certain conditions.
3P(1) Occupier entitled to be present during search
The person is entitled to observe the search being conducted.
Observation occurs during search execution.
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises...
Observation spreads during search execution.
Right to observe search ceases if person impedes search.
3P(2) Occupier entitled to be present during search
3P(3) Occupier entitled to be present during search
Occupier entitled to be present during search
3Q Receipts for things seized under warrant or moved
Must provide a receipt for things seized under warrant or moved.
3Q(1) Receipts for things seized under warrant or moved
Things seized or moved may be covered in one receipt.
3Q(2) Receipts for things seized under warrant or moved
3R Warrants by telephone or other electronic means
Constable may apply for warrant by telephone or other electronic means in urgent cases or due to delay.
3R(1) Warrants by telephone or other electronic means
Permission to apply for warrant by telephone or other electronic means.
Excerpt describes a specific application process.
Issuing officer may require voice communication and make a recording.
3R(2) Warrants by telephone or other electronic means
Information required to be provided in an ordinary application for a warrant.
Application for warrant must include required information.
3R(3) Warrants by telephone or other electronic means
Application must include required information.
Issuing officer must issue warrant if satisfied with application information.
3R(4) Warrants by telephone or other electronic means
Issuing officer has an obligation to issue warrant.
3S Restrictions on personal searches
Exempts certain parliamentary powers and immunities from this Division.
3SA Relationship of this Division to parliamentary privileges and
...the powers, privileges and immunities of any of the following:
Exempts certain entities from the scope of this Division.
3T Searches without warrant in emergency situations
No warrant required for searches in emergency situations.
3T(1) Searches without warrant in emergency situations
3T(2) Searches without warrant in emergency situations
Seize relevant thing if suspected on reasonable grounds that it is necessary to prevent concealment, loss or destruction.
3T(3) Searches without warrant in emergency situations
Seizure occurs when there is overlap between emergency situation and thing's existence.
Grant permission to seize relevant thing.
No warrant required for searches in emergency situations
3T(4) Searches without warrant in emergency situations
Constable must not detain conveyance for longer than necessary to search it.
3U How a constable exercises a power under section 3T
3UA Definitions
3UB Application of Subdivision
Police officer may exercise powers in relation to a person suspected of committing a terrorist act.
3UB(1) Application of Subdivision
The temporal relation between the police officer's suspicion and the person's actions is relevant.
Police officer may exercise powers in relation to a specific temporal interval.
The police officer suspects on reasonable grounds that the person might have just committed, might be committing or might be about to commit a terrorist act.
The justification for the suspicion is reasonable.
Police officer must justify their suspicion on reasonable grounds.
The person may be subject to the powers of the police officer.
Police officer has the power to exercise powers.
The police officer is authorized to exercise powers under this Subdivision.
The person is suspected of committing a terrorist act.
Police officer must suspect on reasonable grounds that the person has committed a terrorist act.
The person is subject to the powers of the police officer.
Police officer may exercise powers in relation to a recurring threat.
The police officer suspects on reasonable grounds that the person might be committing or might be about to commit a terrorist act.
Section does not limit operation of section 3UEA.
3UB(2) Application of Subdivision
Police officer may request person's name and details.
3UC Requirement to provide name etc.
3UD Stopping and searching
Police officer may stop and search a person for terrorism-related items.
3UD(1) Stopping and searching
Information about right to make complaint
Police officer must inform person of right to make complaint.
3UD(1A) Stopping and searching
Informing person implies making complaint
Police officer does not need to inform a person of their right during an urgent search.
3UD(1B) Stopping and searching
Interval relation for the duration of the urgent search.
Subsection (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency.
Exemption from informing a person of their right during an urgent search.
Prohibition on informing a person of their right during an urgent search.
Permission for the police officer to perform the search without informing a person of their right.
Recurring trace for the search operation.
Police officer must not use excessive force or indignity during search.
3UD(2) Stopping and searching
...must not use more force, or subject the person to greater indignity...
(2) A police officer who conducts a search...
Implications of excessive force and indignity during search
Represents knowledge about excessive force and indignity during search
Prohibition on excessive force and indignity
Diffuses obligation to protect persons from excessive force and indignity
No detention for longer than reasonably necessary for a search.
3UD(3) Stopping and searching
Police officer must not damage thing by forcing it open unless certain conditions are met.
3UD(4) Stopping and searching
Prohibition of damage to thing by forcing it open.
3UE Seizure of terrorism related items and serious offence related
Police officers may enter premises under certain conditions. Police officer must perform search, information gathering, arrest and related powers upon entering premises.
3UE(1) Seizure of terrorism related items and serious offence related
Police officer may not search premises without seizing related items or offences.
3UE(2) Seizure of terrorism related items and serious offence related
The provision specifies a temporal interval for the seizure and search of terrorism-related items and serious offences.
Temporal interval for seizure and search provisions.
(2) The police officer may: (a) search the premises for the thing; and (b) seize the thing if he or she finds it there.
The provision specifies a cognitive agent for the police officer's actions in relation to terrorism-related items and serious offences.
Cognitive agent for police officer's actions.
The police officer must not search the premises without seizing the related item or offence.
Prohibition of searching premises without seizing related items or offences.
The provision diffuses the seizure and search of terrorism-related items and serious offences to other authorities.
Diffusion of seizure and search provisions.
The provision specifies a recurring trace for the police officer's actions in relation to terrorism-related items and serious offences.
Recurring trace for police officer's actions.
Police may secure premises pending warrant for indictable or summary offence.
3UE(3) Seizure of terrorism related items and serious offence related
The seizure overlaps with the warrant application process.
Overlaps with warrant application process.
(3) If, in the course of searching for the thing...
The seizure is analyzed as a serious offence-related act.
Analyzes seizure as a serious offence-related act.
The police officer may not secure the premises.
Prohibits securing premises without warrant.
The warrant application process is diffused to the premises.
Diffuses warrant application process to premises.
The warrant application process is a recurring trace.
Recurring trace of warrant applications.
Securing premises for longer than reasonably necessary without a warrant is prohibited.
3UE(4) Seizure of terrorism related items and serious offence related
Prohibits securing premises for longer than reasonably necessary without a warrant.
(4) Premises must not be secured under subsection (3) for longer than is reasonably necessary to obtain the warrant.
Police may seize other items or take actions to make premises safe without a warrant if necessary for protecting life, health, or safety.
3UE(5) Seizure of terrorism related items and serious offence related
The police officer may seize other items or take actions to make premises safe at any time during the search.
(5) In the course of searching for the thing...
The police officer's actions are justified if they are necessary to protect life, health, or safety.
Prohibits taking actions without a warrant under certain circumstances.
(5) In the course of searching for the thing, the police officer may also seize any other thing...
The police officer's actions may affect the safety of others in the premises.
Describes how the action affects others.
The police officer may seize other items or take actions to make premises safe until the search is complete.
Describes the temporal relationship between the action and its justification.
Police officer may use assistance and force against persons and things.
3UE(6) Seizure of terrorism related items and serious offence related
Police officer must notify occupier of premises within 24 hours after entry.
3UE(7) Seizure of terrorism related items and serious offence related
3UF Seizure notices
Police officer must serve seizure notice within 7 days after seizure.
3UF(1) Seizure notices
Exemption from seizure notices under certain conditions.
3UF(2) Seizure notices
Seizure notice must identify thing, state date seized, ground for seizure, and forfeiture conditions.
3UF(3) Seizure notices
Seizure notice must be returned within 90 days or forfeit
3UF(8) Seizure notices
End of 90-day period after seizure notice date
Time interval for return of seizure notice
Seizure notice must be returned within 90 days
Forfeiture recognized by Commonwealth if not returned
Recognition of forfeiture upon non-return of seizure notice
Thing forfeited to Commonwealth if not returned
Forfeiture upon non-return of seizure notice
Forfeiture diffuse to Commonwealth if not returned
Diffusion of forfeiture upon non-return of seizure notice
Recurring trace for return of seizure notice
3UH Relationship of Subdivision to other laws
Powers and duties of police officers are in addition to other laws.
3UH(1) Relationship of Subdivision to other laws
No exclusion or limitation of other laws
3UH(2) Relationship of Subdivision to other laws
(2) This Division is not intended to exclude or limit the operation of any other law...
Police officer may apply for declaration of security zone.
3UI Applications for declarations
3UJ Minister may make declarations
Minister may declare a Commonwealth place to be a prescribed security zone.
3UJ(1) Minister may make declarations
Minister must consider certain factors when deciding to make a declaration under subsection (1)
3UJ(1A) Minister may make declarations
The declaration must have an effective duration within this range
The appropriate duration of the declaration;
The declaration must be made with consideration of these factors
Minister has an obligation to consider certain factors
The Minister must consider the impact and proportionality of this series of declarations
Minister must consider the impact and proportionality of successive declarations
In the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place-
The Minister must consider these powers when making the declaration
Minister must have regard to the availability and effectiveness of certain powers
(c) in the case of a declaration made on the ground mentioned in paragraph (1)(a)--the availability and effectiveness of any powers that...
The Minister must consider these matters when making the declaration
Minister must have regard to other relevant matters
(f) such other matters (if any) as the Minister considers relevant.
3UJ(2) Minister may make declarations
Declaration must be revoked within 28 days or a shorter period specified
3UJ(3) Minister may make declarations
unless the declaration is revoked by the Minister before then.
Declaration's effect is during the specified time period
(3) A declaration ceases to have effect...
Declaration must be revoked within the specified time
Declaration's effect spreads during the specified time period
Minister must revoke declaration under certain conditions.
3UJ(4) Minister may make declarations
Must arrange for a statement to be prepared and published in certain ways upon declaration of a security zone.
3UJ(5) Minister may make declarations
Defines a temporal interval for broadcasting and publication.
Police officer cannot exercise powers after sunset provision expires.
3UK Sunset provision
Temporal interval during which action is prohibited
(1) A police officer must not exercise powers or perform duties under this Division (other than under section 3UEB or 3UF) after
Negation of obligation using CogAI logic
Defines government photographic identity document
3UL Definitions—Division 3B
evidences or indicates a person’s identity
identity document: (a) means a document (such as a driver’s licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity;
does not include a document prescribed by regulation
Excludes certain documents from the definition
(b) does not include a document prescribed by regulation for the purposes of this definition.
3UM Meaning of major airport
List of major airports for the purposes of this Division
3UM(1) Meaning of major airport
3UM(2) Meaning of major airport
Defines public order and safe operation of a major airport
3UN Meaning of public order and safe operation
3UO Determination of airports
The Minister may determine an airport for the purposes of a definition.
3UO(1) Determination of airports
Description of land in relation to the airport for the purposes of paragraph 3UM(2)(b)
3UO(2) Determination of airports
3UO(3) Determination of airports
Division may apply even if airport is used for other purposes.
3UO(4) Determination of airports
3UP Identity information at airports
Require identity evidence at airports under certain conditions.
3UP(1) Identity information at airports
Must provide identification documents or personal details upon request.
3UP(2) Identity information at airports
A constable or protective service officer may give a person a direction under this section if certain conditions are met.
3UQ Move-on directions at airports
The officer has the authority to give a direction.
The officer is a constable or protective service officer.
Section 3UR has an alternative effect without limiting its scope.
3UR Move-on directions at airports—alternative constitutional
3US Stop and directions powers at airports
Direction may be given at a major airport to facilitate exercise of power under section 3UP or 3UQ.
3US(1) Stop and directions powers at airports
Temporal interval for giving directions.
(a) the direction is given at a major airport; and (b) the constable or officer considers on reasonable grounds that it is necessary...
Permission to direct at a major airport.
Directs a person to stop or do something else under reasonable grounds.
3US(2) Stop and directions powers at airports
...to facilitate the exercise of a power...
Facilitates exercise of powers under section 3UP or 3UQ.
(2) The constable or officer may direct the person:
Directs a person to stop or do something else.
3UT Constables’ and protective service officers’ duties at airports
Constables and protective service officers must comply with this section.
3UT(1) Constables’ and protective service officers’ duties at airports
Constable must provide identification before direction is given.
3UT(2) Constables’ and protective service officers’ duties at airports
Must provide personal information upon request
3UT(3) Constables’ and protective service officers’ duties at airports
Offence for contravening airport directions
3UU Directions at airports—offences
Prohibits contravening airport directions
3UV Review of Division
Must review operation, effectiveness, and implications of Division, as well as security matters relating to major airports.
3UV(1) Review of Division
Committee must begin review before end of 3-year period
3UV(2) Review of Division
Committee must report on review to each House of Parliament within 9 months.
3UV(3) Review of Division
3V Requirement to furnish name etc.
Request for name or address in relation to an indictable offence.
3V(1) Requirement to furnish name etc.
Constable believes person may assist in inquiries
Must provide name and address upon request.
3V(2) Requirement to furnish name etc.
Must provide a reasonable excuse if subsection (2) applies.
3V(2A) Requirement to furnish name etc.
Mandatory duty to provide a reasonable excuse.
Defendant bears the evidential burden of providing a reasonable excuse.
Must provide name or address when requested
3V(3) Requirement to furnish name etc.
3W Power of arrest without warrant by constables
Constable may arrest without warrant if believes on reasonable grounds that person has committed or is committing an offence.
3W(1) Power of arrest without warrant by constables
(constable believes on reasonable grounds that person has committed or is committing an offence).
Release person from custody if constable ceases to believe on reasonable grounds that the person committed the offence or that holding the person in custody is necessary.
3W(2) Power of arrest without warrant by constables
the constable ceases to believe on reasonable grounds.
Constable's belief must be based on a temporal interval of reasonable grounds.
(i) that the person committed the offence; or (ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);
Constable's reasoning is required to determine whether the person should be released.
Constable's belief on reasonable grounds is required.
Constable's belief must be recurring and based on reasonable grounds.
3WA Constables’ power of arrest without warrant for a terrorism
Arrest without warrant for terrorism offence or section 80.2C offence
3WA(1) Constables’ power of arrest without warrant for a terrorism
Prohibition of arrest without warrant for terrorism offence or section 80.2C offence
Release person from custody if suspicion ceases on reasonable grounds.
3WA(2) Constables’ power of arrest without warrant for a terrorism
3X Arrest of prisoner unlawfully at large
Constable may arrest person without warrant if believes on reasonable grounds they are a prisoner unlawfully at large.
3X(1) Arrest of prisoner unlawfully at large
Arrest occurs at the time of constable's belief.
Constable believes on reasonable grounds.
If constable believes on reasonable grounds, then arrest is justified.
Constable's belief is a necessary condition for arrest.
Arrest occurs without warrant if constable believes on reasonable grounds.
Constable must take person before Magistrate
3X(2) Arrest of prisoner unlawfully at large
The constable MUST take the person before a Magistrate.
Magistrate must issue a warrant for unlawful prisoner arrest.
3X(3) Arrest of prisoner unlawfully at large
The conveyance is ACCORDING TO the warrant.
Conveyance in accordance with the warrant.
(b) directing that the person, having been conveyed...
If the person is required by law to undergo, they must be detained.
Detention based on lawful imprisonment term.
the person is required by law to undergo.
Magistrate obligation to issue a warrant.
The detention IS the term of imprisonment or other detention.
the term of imprisonment or other detention that...
Definition of prisoner unlawfully at large
3X(4) Arrest of prisoner unlawfully at large
3Y Power of arrest without warrant of person on bail
Constable may arrest person on bail if they believe the person has contravened a condition of their recognisance.
3Y(1) Power of arrest without warrant of person on bail
Constable must bring arrested person before magistrate as soon as practicable.
3Y(2) Power of arrest without warrant of person on bail
Duty to bring arrested person before magistrate.
3Z Power of arrest without warrant by other persons
Arrest without warrant is prohibited for certain persons.
3Z(1) Power of arrest without warrant by other persons
(1) A person who is not a constable may, without warrant...
Must arrange for delivery of arrested person and property into custody of a constable.
3Z(2) Power of arrest without warrant by other persons
3ZA Warrants for arrest
Issuing officer must not issue warrant for arrest without specified conditions.
3ZA(1) Warrants for arrest
Prohibition on issuing warrant without specified conditions.
Officer must specify reasons for issuing warrant.
3ZA(2) Warrants for arrest
3ZB Power to enter premises to arrest offender
3ZC Use of force in making arrest
Use of force in making arrest must be reasonable and necessary.
3ZC(1) Use of force in making arrest
Constable must not use force to cause death or grievous bodily harm unless necessary to protect life.
3ZC(2) Use of force in making arrest
...unless the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person
Temporal relation between prohibited action and necessity
(2) Without limiting the operation of subsection (1), a constable must not, in the course of arresting a person for an offence:
Prohibition of using force to cause harm
...unless: (i) the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); and
Prohibition of using force to cause harm during escape
(b) if the person is attempting to escape arrest by fleeing—do such a thing unless:
3ZD Persons to be informed of grounds of arrest
Arrestee must be informed of grounds for arrest.
3ZD(1) Persons to be informed of grounds of arrest
Must inform the other person at the time of arrest.
Inform other person of substance of offence
3ZD(2) Persons to be informed of grounds of arrest
Exempts arrest of other person from notification requirement under certain conditions.
3ZD(3) Persons to be informed of grounds of arrest
Exemption applies during certain conditions.
(3) Subsection (1) does not apply to the arrest of the other person if:
Exempts the other person from notification requirement.
Constable may conduct frisk search of arrested person on reasonable grounds.
3ZE Power to conduct a frisk search of an arrested person
The frisk search occurs at or soon after the time of arrest.
Frisk search occurs shortly after arrest.
The constable may conduct a frisk search.
The constable suspects on reasonable grounds.
Constable has the power to conduct a frisk search.
The constable may conduct a frisk search in other areas.
Constable's action is permitted to diffuse into other areas.
Constable may conduct ordinary search of arrested person if reasonable grounds suspected
3ZF Power to conduct an ordinary search of an arrested person
Constable has permission to conduct search
Constable may seize items in plain view at premises during arrest.
3ZG Power to conduct search of arrested person’s premises
3ZH Power to conduct an ordinary search or a strip search
Constable may conduct ordinary search or strip search on arrested person.
3ZH(1) Power to conduct an ordinary search or a strip search
Search is a temporal interval contained within examination.
Conducting a strip search without reasonable grounds is prohibited.
3ZH(2) Power to conduct an ordinary search or a strip search
(2) A strip search may not be conducted...
Forensic procedure must not be carried out except in accordance with Part ID.
3ZH(2A) Power to conduct an ordinary search or a strip search
Conducting a strip search may include taking photographs of evidential material found on the person.
3ZH(2B) Power to conduct an ordinary search or a strip search
3ZI Rules for conduct of strip search
Strip search must be conducted under certain conditions.
3ZI(1) Rules for conduct of strip search
Prohibits strip search without proper conditions.
Magistrate must consider seriousness of offence and person's age/disability when deciding to make an order.
3ZI(2) Rules for conduct of strip search
...the magistrate must have regard to...
Conducting strip search in presence of medical practitioner of opposite sex if necessary.
3ZI(3) Rules for conduct of strip search
Allows strip search in specific circumstances.
Parent, guardian or personal representative may be present during strip search if person being searched has no objection.
3ZI(4) Rules for conduct of strip search
...if the person being searched has no objection.
Temporal overlap between presence during strip search and person's consent.
Recognition of parent, guardian or personal representative's presence during strip search.
Permission to be present during strip search.
Diffusion of information about presence during strip search.
Recurring presence during strip search if person's consent is given.
Provide adequate clothing after seizure of garments during strip search.
3ZI(5) Rules for conduct of strip search
3ZJ Taking fingerprints, recordings, samples of handwriting or
Requires taking fingerprints, recordings, samples of handwriting or photographs for identification purposes.
3ZJ(1) Taking fingerprints, recordings, samples of handwriting or
Requires taking fingerprints, recordings, samples of handwriting or photographs.
Includes identification material such as prints, recordings, and photographs.
Constable cannot take identification material from a person in lawful custody without following this section.
3ZJ(2) Taking fingerprints, recordings, samples of handwriting or
Prohibition of taking identification material
Constable may take identification material from a person in lawful custody with consent or reasonable grounds.
3ZJ(3) Taking fingerprints, recordings, samples of handwriting or
Constable takes identification material for the purpose of identifying another offence.
Constable may take identification material.
Constable believes it is necessary to take identification material.
Identification material taken for the purpose of identifying another offence.
A constable may use necessary and reasonable force to take identification material.
3ZJ(4) Taking fingerprints, recordings, samples of handwriting or
(4) A constable may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.
Constable cannot take identification material from a person under 10.
3ZJ(5) Taking fingerprints, recordings, samples of handwriting or
Prohibition of taking identification material from a person under 10.
Taking fingerprints, recordings, samples of handwriting or other identification material from a suspect under 18 or incapable of managing their affairs without a magistrate's order.
3ZJ(6) Taking fingerprints, recordings, samples of handwriting or
(6) Subject to this section, taking identification material (other than hand prints, finger prints, foot prints or toe prints) from a suspect who: (a) is at least 10 but under 18, or is incapable of managing his or his affairs; and (b) has not been arrested and charged; unless a magistrate orders that the material be taken.
Identifies temporal overlap between taking identification material and suspect's age or incapability.
(6) Subject to this section, a constable must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from a suspect who: (a) is at least 10 but under 18, or is incapable of managing his or his affairs; and (b) has not been arrested and charged; unless a magistrate orders that the material be taken.
Identifies recognition of taking identification material from a suspect under 18 or incapable of managing their affairs by AI systems.
Prohibits taking identification material from a suspect under 18 or incapable of managing their affairs.
Identifies diffusion of taking identification material from a suspect under 18 or incapable of managing their affairs to other agents.
Identifies repetition of taking identification material from a suspect under 18 or incapable of managing their affairs.
Constable cannot take fingerprints from a suspect under certain conditions.
3ZJ(6A) Taking fingerprints, recordings, samples of handwriting or
Consider seriousness of offence and person's age/disability when deciding to make an order.
3ZJ(7) Taking fingerprints, recordings, samples of handwriting or
...have regard to: ... (a) the seriousness of the offence; and ..., during which the magistrate makes the decision.
Temporal relation between consideration of matters and decision-making.
(7) In deciding whether to make such an order, the magistrate must...
Obligation to consider seriousness of offence and person's age/disability.
Taking identification material from a person under 18 is an obligation of the State.
3ZJ(8) Taking fingerprints, recordings, samples of handwriting or
Obligation to take identification material from a person under 18.
3ZK Destruction of identification material
Destruction of identification material after 12 months without proceedings
3ZK(1) Destruction of identification material
The identification material must be destroyed as soon as practicable.
Identification material has been taken from a person under section 3ZJ
Destroy identification material if certain conditions are met
3ZK(2) Destruction of identification material
The identification material must be destroyed as soon as practicable unless...
Destruction of identification material occurs during a specific time period
An investigation into, or a proceeding against the person for another offence to which the identification material relates is pending.
Mandatory destruction of identification material
The person has committed an offence to which the identification material relates but no conviction is recorded.
Mandatory destruction of identification material if an investigation is pending
Destruction of identification material occurs until a specific condition is met
Prohibition on destruction of identification material
3ZK(3) Destruction of identification material
Prohibits destruction of identification material
3ZL Offence of refusing to allow identification material to be taken
Order to attend a police station or allow constable attendance for fingerprint/photograph taking after conviction.
3ZL(1) Offence of refusing to allow identification material to be taken
Obligation to attend or allow attendance.
Refusing to allow identification material is prohibited.
3ZL(2) Offence of refusing to allow identification material to be taken
Prohibition of refusing to allow identification material.
(2) A person must not refuse or fail to allow those impressions or a photograph of the person to be taken.
Must provide a reasonable excuse for refusing identification material.
3ZL(3) Offence of refusing to allow identification material to be taken
Bears an evidential burden in relation to the matter.
Judge or magistrate may order person to attend police station.
3ZL(3A) Offence of refusing to allow identification material to be taken
The person must attend the police station.
Refusing to allow identification material to be taken is an offence.
3ZL(3B) Offence of refusing to allow identification material to be taken
The individual's conduct must occur after the order is issued.
Establishes a temporal relation between the order and the individual's conduct.
The person is subject to an order under subsection (3A).
If the person engages in conduct, they commit an offence if it contravenes the order.
Establishes a logical implication between the order and the individual's conduct.
The person commits an offence if they engage in conduct that contravenes the order.
Prohibits refusing to allow identification material to be taken.
The person must comply with the order if they are subject to it.
Imposes a duty on individuals to comply with the order.
Refusing to allow identification material to be taken spreads to individuals who engage in such conduct.
Describes how the prohibition spreads to individuals who engage in the prohibited conduct.
The person's conduct is described as contravening the order.
Refusing to allow identification material to be taken is prohibited.
3ZL(3C) Offence of refusing to allow identification material to be taken
Refusing to allow identification material to be taken is prohibited within the temporal interval defined by this section.
Temporal interval for refusing to allow identification material to be taken.
(3C) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act.
Refusing to allow identification material to be taken is prohibited according to CogAI's classification.
Classification of refusing to allow identification material to be taken as a prohibition by CogAI.
Prohibition of refusing to allow identification material to be taken.
Classification of refusing to allow identification material to be taken as a prohibition.
Refusing to allow identification material to be taken is prohibited and must diffuse throughout the relevant domain.
Diffusion of refusing to allow identification material to be taken.
Refusing to allow identification material to be taken is prohibited within the temporal trace defined by this section.
Temporal trace for refusing to allow identification material to be taken.
Nothing in this section derogates from the right to use the provisions of Part ID as authority for the taking of fingerprints from a prescribed offender or a serious offender.
3ZL(4) Offence of refusing to allow identification material to be taken
during the taking of fingerprints from a prescribed offender or a serious offender.
Fingerprint taking occurs during use of provisions of Part ID
The provisions of Part ID are used as authority for fingerprint taking
and the taking of fingerprints from a prescribed offender or a serious offender.
Fingerprint data is processed during use of provisions of Part ID
as authority for the taking of fingerprints from a prescribed offender or a serious offender.
Use provisions of Part ID as authority for fingerprint taking
Nothing in this section derogates from the right to use the provisions of Part ID
Fingerprint data is diffused during use of provisions of Part ID
Fingerprint taking is during use of provisions of Part ID
Defines prescribed and serious offenders.
3ZL(5) Offence of refusing to allow identification material to be taken
3ZM Identification parades
This section applies to identification parades held in relation to offences.
3ZM(1) Identification parades
Suspect may request identification parade, and it must be held if reasonable in circumstances.
3ZM(2) Identification parades
Permission to hold identification parade
Reasonable circumstances require identification parade to be held
Consideration for holding an identification parade
3ZM(2A) Identification parades
(2A) Without limiting the matters that may be taken into account...
(a) the kind of offence, and the gravity of the offence,...
3ZN Identification parades for suspects under 18 etc.
No identification parade for suspects under 10.
3ZN(1) Identification parades for suspects under 18 etc.
An identification parade must not be held.
No identification parade for a suspect under 18 unless ordered by a magistrate.
3ZN(2) Identification parades for suspects under 18 etc.
No identification parade can be held for a suspect under 18 who is capable of managing their affairs.
3ZN(3) Identification parades for suspects under 18 etc.
Matters for consideration when deciding to make an order
3ZN(4) Identification parades for suspects under 18 etc.
such other matters as the magistrate thinks fit.
(a) the seriousness of the offence; and (b) the age or any disability of the person;
3ZO Identification by means of photographs
Must not show photographs to a witness for identification purposes unless certain conditions are met.
3ZO(1) Identification by means of photographs
Reasons for failure to cooperate in the conduct of the parade, and reasons for not making an identification.
Must consider certain factors when deciding whether to hold an identification parade.
3ZO(1A) Identification by means of photographs
These two events are temporally related.
Consider temporal relationship between events.
The commission of the offence and the time of the identification are related in time.
If the suspect fails to cooperate, then reasons for failure must be provided.
The suspect must cooperate in the conduct of the parade.
If the evidence of identification is likely important, then it must be considered.
Must consider the likelihood of identification.
The evidence of identification is likely important in the circumstances.
If the practicality is not considered, then it must be taken into account.
The practicality of holding an identification parade must be considered.
If the relationship is not considered, then it must be taken into account.
Must consider relationship between suspect and potential identifier.
The relationship between the suspect and the person who may make an identification at the parade must be considered.
These are the factors that must be considered when deciding whether to hold an identification parade.
Identify relevant factors for consideration.
The following must be taken into account:
Constable must show witness photographs of at least 9 different persons under certain conditions.
3ZO(2) Identification by means of photographs
Constable must show witness photographs.
Constable must not act unfairly towards the suspect.
Constable must undertake separate identification process for each suspect in certain circumstances.
3ZP Identification procedures where there is more than one suspect
3ZQ Descriptions
Constable must ensure a record of description is made and retained.
3ZQ(1) Descriptions
Obligation to ensure record is made and retained.
Constable must provide name of person who claims to have seen suspect.
3ZQ(2) Descriptions
Constable must notify person or legal representative of available records.
3ZQ(3) Descriptions
(3) If: a record of a description of a person is made under subsection (1); and the person is charged with an offence to which the description relates;
Constable must notify person or legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.
Implication from notification requirement
Recognition of notification requirement by AI system
Diffusion of information through notification
Constable not required to provide name if it could place person in danger or expose them to harassment.
3ZQ(4) Descriptions
...the constable is not required to provide the name of the person.
Implication of suspicion on providing name
(4) If the constable suspects on reasonable grounds...
Prohibition of providing name under certain conditions.
Constable's reasonable grounds for suspicion.
Must conduct search by person of same sex as the person being searched.
3ZR Conduct of ordinary searches and frisk searches
Obligation to conduct search by same sex
3ZS Announcement before entry
Constable must announce authorization and give opportunity to enter premises.
3ZS(1) Announcement before entry
Must provide announcement and opportunity
Exemption from compliance with subsection (1) under certain conditions.
3ZS(2) Announcement before entry
constable believes on reasonable grounds...
Making false statements in warrant applications is prohibited.
3ZT Offence for making false statements in warrants
Prohibits making false statements in warrant applications.
Do not state incorrect information on warrants.
3ZU Offences relating to telephone warrants
3ZW Delegation by Commissioner
Commissioner may delegate powers to a constable.
3ZW(1) Delegation by Commissioner
The Commissioner may delegate powers, functions or duties to a Commonwealth officer.
3ZW(2) Delegation by Commissioner
The Commissioner's decision is conditional on reasonable grounds.
The officer must be able to properly exercise powers, functions or duties.
The powers, functions or duties are delegated to a Commonwealth officer.
Law relating to legal professional privilege not affected
3ZX Law relating to legal professional privilege not affected
Compilation information and notes on amendments, applications, and modifications.
4 June 2026
Identifies temporal intervals between sections.
The compilation is structured in a logical manner.
Classifies the text into a hierarchical structure.
The text is organized into volumes and parts.
Offences against certain provisions of the Criminal Code as in force at any time before a specified date.
474 Section 474
Classifies Commonwealth child sex offences.
Defines indictment in relation to a person.
4A Meaning of certain words
Indictment includes an information and a presentment.
Includes certain actions in an indictment.
Defines a subclass of 'information' and 'presentment'.
A recognizance to appear is admitted to bail.
4AA Penalty units
4AA(1) Penalty units
Publish penalty unit amount by notifiable instrument.
4AA(1A) Penalty units
4AA(2) Penalty units
The temporal interval of the regulation is included in the temporal interval of the Territory Ordinance
Territory Ordinance includes a regulation made under such an ordinance
Territory Ordinance is defined as an ordinance that was made under an Act providing for the acceptance, administration or government of a Territory
Territory Ordinance means an ordinance that was made under an Act providing for the acceptance, administration or government of a Territory
Territory Ordinance is defined as an ordinance that has not become an enactment of the Australian Capital Territory
Territory Ordinance has not become an enactment of the Australian Capital Territory
Territory Ordinance is defined as an ordinance that includes a regulation made under such an ordinance
Territory Ordinance is an ordinance that includes a regulation made under such an ordinance
Territory Ordinance is an ordinance made under an Act providing for the acceptance, administration or government of a Territory
Territory Ordinance is an ordinance that has not become an enactment of the Australian Capital Territory
4AB Conversion of pecuniary penalties expressed in dollar amounts
Conversion of pecuniary penalties expressed in dollar amounts to penalty units
4AB(1) Conversion of pecuniary penalties expressed in dollar amounts
Conversion rule applies to all pecuniary penalties
Temporal relation between conversion rule and pecuniary penalties
P is the next highest whole number if D is not a whole number
Exempts reference to maximum penalty amount from subsection (1)
4AB(2) Conversion of pecuniary penalties expressed in dollar amounts
4AB(3) Conversion of pecuniary penalties expressed in dollar amounts
4AB(4) Conversion of pecuniary penalties expressed in dollar amounts
Prohibition on certain provisions of laws relating to indictable and summary offences
4B Pecuniary penalties—natural persons and bodies corporate
Relates provisions of laws to temporal intervals
(1) A provision of a law of the Commonwealth relating to indictable offences or summary offences shall, unless the contrary intention
Classifies provisions of laws as indictable and summary offences using AI
Applies to provisions of laws relating to indictable and summary offences
4C Offences under 2 or more laws
4C(1) Offences under 2 or more laws
(offender) is liable to prosecution within the defined temporal scope
Defines the temporal scope of the offence
(1) Where an act or omission constitutes an offence: (a) under 2 or more laws of the Commonwealth; or (b) both under a law of the Commonwealth and at common law; the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those laws of the Commonwealth or at common law
Establishes the implication between prosecution and punishment
(offender) shall not be liable to be punished twice
Prohibits prosecution for the same act or omission under multiple laws
(1) Where an act or omission constitutes an offence: (a) under 2 or more laws of the Commonwealth; or (b) both under a law of the Commonwealth and at common law; the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those laws of the Commonwealth or at common law, but shall not be liable to be punished twice for the same act or omission.
(state) is obligated to prosecute (offender)
Imposes an obligation on the state to prosecute
(offender) is subject to recurrent prosecution
Offender not liable for Commonwealth offence if already punished under State or Territory law.
4C(2) Offences under 2 or more laws
(offender not punished for Commonwealth offence) -> (offender not liable to Commonwealth law)
Offence under multiple laws overlaps in time.
(Commonwealth offence) ∩ (State offence) ≠ ∅ ∧ (Commonwealth offence) ∩ (Territory offence) ≠ ∅
(offender not liable to Commonwealth law) -> (offender not punished for Commonwealth offence)
Offence under multiple laws recognized by AI.
(Commonwealth offence) ∩ (State offence) ≠ ∅ ∧ (offender not punished for Commonwealth offence)
If offender not liable, then Commonwealth offence cannot be committed.
(not (offender liable to Commonwealth law)) -> (not (Commonwealth offence committed))
Offence under multiple laws diffuses through time.
Offence under multiple laws occurs until offender is punished.
Validity of a law is not affected by concurrent offences against other laws.
4C(3) Offences under 2 or more laws
Therefore, it is an obligation to uphold the law.
4D Penalties
Penalty limit for offences created by a provision
4D(1) Penalties
Defines temporal relation between provisions with penalties
(1) Except so far as the contrary intention appears, a penalty...
Defines knowledge representation for provisions with penalties
...the offence is punishable on conviction by a penalty not exceeding the penalty so set out;
Defines diffusion relation between provisions with penalties
Defines trace for temporal relations between provisions with penalties
Penalties apply only at specific locations within an Act.
4D(1A) Penalties
4D(1B) Penalties
Subsection (1) applies to any instrument made under an Act as if the instrument were an Act and as if each such rule, regulation or by-law were a section of an Act.
4D(2) Penalties
4D(2A) Penalties
Recovery of pecuniary penalties in summary jurisdiction courts.
4E Pecuniary penalties
4F Effect of alterations in penalties
Penalty increase only applies after commencement
4F(1) Effect of alterations in penalties
Reduces penalty for offences committed before commencement of the provision.
4F(2) Effect of alterations in penalties
Reduces penalty for offences committed before commencement.
Offences punishable by imprisonment exceeding 12 months are indictable unless otherwise stated.
4G Indictable offences
Imposes a duty on the state to prosecute certain offenses.
Offences against a law of the Commonwealth are summary offences unless otherwise specified.
4H Summary offences
4J Certain indictable offences may be dealt with summarily
Court may hear and determine indictable offence summarily with consent of prosecutor and defendant.
4J(1) Certain indictable offences may be dealt with summarily
...may, unless the contrary intention appears...
Excerpt specifies temporal interval of 10 years.
(Commonwealth law) being an offence punishable by imprisonment for a period not exceeding 10 years...
...with the consent of the prosecutor and the defendant.
Excerpt recognizes entity of 'court' and 'defendant'.
(Court of summary jurisdiction) may hear and determine indictable offence summarily...
Court permits hearing and determination of indictable offence summarily.
(1) Subject to subsection (2), an indictable offence...
Excerpt implies recurring trace of indictable offences.
Excerpt validates schema of indictable offences.
Exempts indictable offences from summary jurisdiction under certain conditions.
4J(2) Certain indictable offences may be dealt with summarily
...that offence may be heard and determined by a court of summary jurisdiction.
Indicates overlap between summary jurisdiction and alternative jurisdiction.
Recognizes the role of alternative jurisdiction in court proceedings.
Imposes an obligation on courts to consider alternative jurisdiction.
...an indictable offence where, under a law of the Commonwealth other than this Act...
Diffuses the scope of exempted offences.
Indicates repetition of jurisdiction consideration.
4JA Some indictable offences punishable by fine only may be dealt
Court may hear and determine indictable offence under certain conditions.
4JA(1) Some indictable offences punishable by fine only may be dealt
Excerpt specifies temporal interval for pecuniary penalty.
(b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate;
Court permits hearing and determination of indictable offence.
(1) A court of summary jurisdiction may hear and determine an indictable offence if:
Court has obligation to hear and determine indictable offence under certain conditions.
Defendant and prosecution have obligation to consent.
(c) the defendant and prosecution consent.
Excerpt specifies recurring trace of pecuniary penalty.
Court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.
4JA(2) Some indictable offences punishable by fine only may be dealt
(2) If the defendant is convicted, the court may impose a pecuniary penalty of:
This section has effect subject to any contrary intention indicated by the law creating the offence.
4JA(3) Some indictable offences punishable by fine only may be dealt
Section does not apply to certain indictable offences
4JA(4) Some indictable offences punishable by fine only may be dealt
4K Continuing and multiple offences
Continuing obligation despite expired period or time
4K(1) Continuing and multiple offences
Continues obligation despite expiration of period or time
(1) Where, under a law of the Commonwealth...
A person commits an offence for each day of refusal or failure to comply with a requirement.
4K(2) Continuing and multiple offences
Joins charges against the same person for multiple offences based on the same facts or series of similar character.
4K(3) Continuing and multiple offences
...charges are part of, a series of offences of the same or a similar character.
Series of similar character implies temporal relationship.
(3) Charges against the same person for any number of offences...
Classifies charges as part of a series of similar character.
...charges are joined in the same information, complaint or summons...
Joins charges based on the same facts or series of similar character.
Series of similar character implies diffusion of charges.
Series of similar character implies ordered trace.
Court may impose one penalty for multiple offences
4K(4) Continuing and multiple offences
No defence is prevented by another available defence unless otherwise intended.
4L Specified defences not to preclude other defences
4M Children under 10
4N Children over 10 but under 14
Child must know their conduct is wrong to be liable for an offence.
4N(1) Children over 10 but under 14
Child over 10 but under 14 overlaps with NaturalPerson.
Child aged 10 years or more but under 14 years old
Child can only be liable for an offence if they know their conduct is wrong.
Prosecution must prove a child knows their conduct is wrong.
4N(2) Children over 10 but under 14
Prosecution has an obligation to prove a child knows their conduct is wrong.
The prosecution must demonstrate the child's knowledge of wrongdoing.
Receiving or assisting someone who has committed an offence to escape punishment is prohibited.
6 Accessory after the fact
Prohibits receiving or assisting someone who has committed an offence.
Declaration under section 3UJ must be in force at the end of December 2026.
7 December 2026.
No declaration under section 3UJ can be made after 7 December 2026.
7 December 2026 ceases to be in force at that time.
Declaration under section 3UJ can only be made before 7 December 2026.
(3) A police officer cannot apply for, and the Minister cannot make, a declaration under section 3UJ after 7 December 2026.
No artificial intelligence can be used to apply for or make a declaration under section 3UJ.
Prohibition of declaration under section 3UJ
No information can be gathered or searched using delayed notification search warrants.
Declaration under section 3UJ is only valid until 7 December 2026.
9 Seizure and condemnation of forfeitable goods
Seizure of forfeitable goods is prohibited without warrant.
9(1) Seizure and condemnation of forfeitable goods
Articles cannot be delivered if they are forfeited.
9(2) Seizure and condemnation of forfeitable goods
shall order that the articles be delivered to such person as the court is satisfied is entitled to the articles.
Prohibits delivery of articles if they are forfeited.
(2) Where articles are taken before a court of summary jurisdiction under subsection (1), the court shall inquire into the matter and:
Official Trustee must sell or dispose of forfeited articles and apply proceeds to remuneration and costs.
9A Forfeited articles to be dealt with by Official Trustee
9B Costs etc. payable to Official Trustee
Official Trustee's remuneration costs and charges
9B(1) Costs etc. payable to Official Trustee
Official Trustee's remuneration costs and charges are obligations of the State
Pay Commonwealth equal to Official Trustee's remuneration
9B(2) Costs etc. payable to Official Trustee
Applicable regulations from Proceeds of Crime Act 2002
9B(3) Costs etc. payable to Official Trustee
Regulations from Proceeds of Crime Act 2002
Crimes Act 1914