134 Section 134
Exempts law enforcement officers and certain other persons from criminal liability and civil liability in the course of a controlled operation.
15G Objects of Part
The exemption overlaps with the course of this operation.
The exemption applies to the course of a controlled operation
The text mentions a 'controlled operation'
They must be involved in the commission of an offence to be exempt from liability.
The exemption implies that law enforcement officers and certain other persons are involved in the commission of an offence
Law enforcement officers and certain other persons take an active part in, or are otherwise involved in, the commission of a Commonwealth offence.
Exemption is implied by this definition.
The exemption can be inferred from the definition of a controlled operation
The text defines a 'controlled operation'
They are exempt from criminal liability and civil liability.
Law enforcement officers and certain other persons are involved in the commission of an offence.
All individuals within this operation are exempt from liability.
The exemption propagates to all individuals within the controlled operation
15GA Relationship to other laws and matters
Court discretion not limited by this Part
15GA(1) Relationship to other laws and matters
Disregard evidence obtained from criminal activity in proceedings.
15GA(2) Relationship to other laws and matters
...the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if:
Temporal relationship between exclusion and criminal activity
(2) In determining whether evidence should be admitted or excluded in any proceedings...
...the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded.
Exclusion of evidence based on criminal activity
Concurrent operation of State and Territory laws
15GB Concurrent operation of State and Territory laws
Definitions for controlled operations and authorising officers.
15GC Definitions
15GD Meaning of controlled operation and major controlled
Defines controlled operation and major controlled.
15GD(1) Meaning of controlled operation and major controlled
15GD(2) Meaning of controlled operation and major controlled
15GE Meaning of serious Commonwealth offence and serious State
Defines serious Commonwealth offence for purposes of this Part.
15GE(1) Meaning of serious Commonwealth offence and serious State
Applies to definitions and descriptive clauses.
List of serious Commonwealth offences and serious State offences
15GE(2) Meaning of serious Commonwealth offence and serious State
15GF Meaning of authorising officer etc.
Defines who is an authorising officer for a controlled operation.
15GF(1) Meaning of authorising officer etc.
The Commissioner or a Deputy Commissioner is an authorising officer.
(1) Any of the following is an authorising officer for a controlled operation:
Any AFP authorising officer is an authorising officer.
(b) if the operation is not a major controlled operation, but the investigation of the offence to which the controlled operation relates is within the functions of the Australian Federal Police—any AFP authorising officer;
Any ACC authorising officer is an authorising officer.
(c) if the investigation of the offence to which the controlled operation relates is within the functions of the ACC—any ACC authorising officer;
Any NACC authorising officer is an authorising officer.
(d) if the controlled operation relates to the conduct of a corruption investigation (within the meaning of the National Anti-Corruption Commission Act 2022)—any NACC authorising officer;
15GF(2) Meaning of authorising officer etc.
The senior executive AFP employee was authorised by the Commissioner during their employment.
Temporal relationship between authorisation and employment
(c) a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this paragraph.
The senior executive AFP employee is an AFP authorising officer.
(2) The following are AFP authorising officers:
The Deputy Commissioner is an AFP authorising officer.
Authorisation by the Deputy Commissioner
15GF(3) Meaning of authorising officer etc.
15GG ART Minister may nominate ART members
The ART Minister may nominate a person to deal with applications under subsection 15GU(1).
15GG(1) ART Minister may nominate ART members
(1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing,
The nomination is made to deal with applications under subsection 15GU(1).
The nomination is made to extend authorities for controlled operations beyond 3 months.
The nomination is made by the ART Minister.
Must not nominate a person without being enrolled as a legal practitioner for at least 5 years.
15GG(2) ART Minister may nominate ART members
ART Minister must not nominate outside this timeframe
Nomination is contingent on enrollment during a specific period
ART Minister must nominate within a certain timeframe
Nomination is implied by enrollment and meeting conditions
Person to be nominated has been enrolled for at least 5 years
ART Minister must not nominate without meeting these conditions
Enrollment and conditions are inferred from the nomination process
Prohibition on nomination without meeting conditions
ART Minister must not nominate any other person without meeting this condition
Conditions propagate to the entire class of nominees
Nomination ceases to have effect under certain conditions.
15GG(3) ART Minister may nominate ART members
...the ART Minister, by writing, withdraws the nomination.
Describes temporal overlap between conditions.
(a) the nominated Tribunal member ceases to hold an appointment described in subsection (1); or
...the nominated Tribunal member ceases to hold an appointment described in subsection (1); or
Describes recognition of a nomination's effect by the ART Minister.
(b) the ART Minister, by writing, withdraws the nomination.
Prohibits the nomination from having effect.
(3) A nomination ceases to have effect if...
Describes diffusion of information about a nomination's effect.
Describes temporal relationship between conditions.
Protection and immunity for nominated Tribunal members
15GG(4) ART Minister may nominate ART members
...the same protection and immunity as a Justice of the High Court.
15GH Applications for authorities to conduct controlled operations
Application for authority to conduct controlled operation
15GH(1) Applications for authorities to conduct controlled operations
Application for authority may be made in writing or orally/urgently.
15GH(2) Applications for authorities to conduct controlled operations
Application can be made during a specific time period.
(2) An application for an authority may be made: (a) by means of a written document signed by the applicant (such an application is a formal application); or (b) if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the controlled operation—orally in person, or by telephone or any other means of communication (such an application is an urgent application).
Application can be made with various tools.
Application is a formal or urgent application.
(a) An application for an authority may be made: (a) by means of a written document signed by the applicant (such an application is a formal application); or (b) if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the controlled operation—orally in person, or by telephone or any other means of communication (such an application is an urgent application).
Application can be made through various channels.
Application must be made before a certain time.
Subsequent application for authority must be formal.
15GH(3) Applications for authorities to conduct controlled operations
sufficient information, earlier application details, proposed period of effect
Application requirements for controlled operations
15GH(4) Applications for authorities to conduct controlled operations
Application must provide required information
An authorising officer may require an applicant to provide additional information.
15GH(5) Applications for authorities to conduct controlled operations
The authorising officer requires the applicant to provide additional information.
Applicant must make a written record of the application and give a copy to the authorising officer.
15GH(6) Applications for authorities to conduct controlled operations
Duty to make a written record and provide a copy.
15GI Determination of applications
Authorise controlled operation with conditions or refuse application.
15GI(1) Determination of applications
Authorising officer must not grant authority to conduct controlled operation without reasonable grounds
15GI(2) Determination of applications
...the authorising officer is satisfied on reasonable grounds
Temporal interval for Controlled Operations
(2) An authorising officer must not grant an authority to conduct a controlled operation unless...
Classification of Controlled Operations by CogAI
Recurring trace for Controlled Operations
Authority to conduct controlled operation may be granted by written document or formal application with authorising officer's satisfaction.
15GJ Manner of granting authority
Authority to conduct controlled operation may be granted.
Formal authority is a written document signed by the authorising officer.
15GK Form of authority
All required details for the controlled operation
15GK(1) Form of authority
Authority requirements for urgent operations
15GK(2) Form of authority
Authorising officer must issue written record of urgent authority within 7 days.
15GL Written record of urgent authority must be issued
Authorising officer must issue written record.
Authorising officer may nominate another person as principal law enforcement officer.
15GM Change of principal law enforcement officer
15GN Commencement and duration of authorities
15GN(1) Commencement and duration of authorities
The controlled operation is taken to commence.
(1) An authority to conduct a controlled operation comes into force,
Granting of urgent authority upon oral request.
15GN(2) Commencement and duration of authorities
15GN(3) Commencement and duration of authorities
15GO Variation of authority by appropriate authorising officer
Authority may be varied by authorising officer
15GO(1) Variation of authority by appropriate authorising officer
Variation of authority by appropriate authorising officer
15GO(2) Variation of authority by appropriate authorising officer
15GO(3) Variation of authority by appropriate authorising officer
(3) A variation cannot be made that has the effect of extending the period of effect of an urgent authority.
Prohibition of extending urgent authority period
No variation of formal authority can exceed 3 months in effect.
15GO(4) Variation of authority by appropriate authorising officer
(4) A formal authority must not be varied...
Authority variation must be justified by the authorising officer.
15GO(5) Variation of authority by appropriate authorising officer
Prohibits unauthorized variation of authority.
A variation is not a legislative instrument.
15GO(6) Variation of authority by appropriate authorising officer
15GP Application to appropriate authorising officer
May apply to an authorising officer for a variation of authority.
15GP(1) Application to appropriate authorising officer
...to an appropriate authorising officer for a variation of an authority in respect of a matter mentioned in subsection 15GO(2).
During: Application to an authorising officer.
(1) The principal law enforcement officer for a controlled operation, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply under this section...
May apply: Application to an authorising officer.
May diffuse: Application to an authorising officer.
No application for variation can extend the period of effect beyond 3 months.
15GP(2) Application to appropriate authorising officer
No variation can extend the period of effect beyond 3 months.
Prohibition on extending the period of effect beyond 3 months.
(2) An application cannot be made under subsection (1)
15GP(3) Application to appropriate authorising officer
Multiple applications for variation under section 15GP(4) are allowed.
15GP(4) Application to appropriate authorising officer
Allows multiple applications for variation under section 15GP(4)
15GQ Requirements for variation of authority
Authority may be varied in accordance with an application.
15GQ(1) Requirements for variation of authority
An authorising officer must refer an application for a variation of authority to the Commissioner or a Deputy Commissioner.
15GQ(1A) Requirements for variation of authority
Must refer an application for a variation of authority to the Commissioner or a Deputy Commissioner.
No variation of authority allowed without reasonable grounds and justification.
15GQ(2) Requirements for variation of authority
No variation allowed without reasonable grounds and justification.
15GR Manner of varying authority
Authority may be varied by an appropriate authorising officer.
15GR(1) Manner of varying authority
(a) in the case of a variation on the authorising officer’s own initiative or on a formal variation application (other than a variation referred to in subparagraph (b)(ii))—by means of a written document, signed by the authorising officer
(i) an urgent variation application; or (ii) the authorising officer’s own initiative or a formal variation application, if the authorising officer is satisfied that the delay caused by granting a formal variation of authority may affect the success of the controlled operation;
(ii) the authorising officer’s own initiative or a formal variation application, if the authorising officer is satisfied that the delay caused by granting a formal variation of authority may affect the success of the controlled operation;
Authorising officer must prepare and give written document to applicant or principal law enforcement officer.
15GR(2) Manner of varying authority
Authorising officer must perform action.
15GS Form of variation of authority
Variation of authority must provide specific details.
15GS(1) Form of variation of authority
Maximum period for extension of authority beyond 3 months
15GS(2) Form of variation of authority
(2) For the purposes of paragraph (1)(f), the period of the extension must not exceed:
the period of the extension must not exceed: (a) in the case of a formal variation of authority—the period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions); and (b) in the case of an urgent variation of authority—the lesser of: (i) 7 days; and (ii) a period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions);
Period of effect must not exceed 3 months
(a) in the case of a formal variation of authority—the period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions);
(b) in the case of an urgent variation of authority—the lesser of: (i) 7 days; and (ii) a period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions);
Temporal interval is a diffusion interval
Temporal interval is a linear time interval
15GT Variation of formal authority to extend period of effect
A nominated Tribunal member may vary a formal authority on application under subsection 15GU(1).
15GT(1) Variation of formal authority to extend period of effect
May extend period of effect of authority
15GT(2) Variation of formal authority to extend period of effect
Maximum extension period for formal authority
15GT(3) Variation of formal authority to extend period of effect
The extension period is less than or equal to 3 months or 24 months
Extension period cannot exceed 3 months or 24 months
(a) 3 months; and (b) a period that would result in the period of effect of the authority exceeding 24 months
The extension period is less than or equal to 3 months and greater than or equal to 0 months
Extension period has a lower bound of 3 months and an upper bound of 24 months
The extension period must be less than or equal to 24 months
Period of effect must not exceed 24 months
Limitation on variation of formal authority
15GT(4) Variation of formal authority to extend period of effect
(4) A nominated Tribunal member may only vary a formal authority during the period of 2 weeks before the end of the period of effect
during the period of 2 weeks before the end of the period of effect
(4) A nominated Tribunal member may only vary a formal authority
Application for variation of authority period
15GU Application to nominated Tribunal member
Granting permission to apply for authority variation
15GV Determination of application
Tribunal member may vary formal authority subject to conditions or refuse application.
15GV(1) Determination of application
Variation of formal authority is permitted.
Granting variation without reasonable grounds is prohibited.
15GV(2) Determination of application
...the variation is granted on reasonable grounds within a specific time frame.
Temporal interval for granting variation.
(2) The nominated Tribunal member must not grant the variation unless...
...the suspected criminal activity are such as to justify the variation using cognitive AI.
Cognitive AI application for granting variation.
...the variation is granted on reasonable grounds.
Prohibition of granting variation without reasonable grounds.
...the suspected criminal activity are such as to justify the variation in a diffuse manner.
Diffusion of conditions for granting variation.
...the suspected criminal activity are such as to justify the variation in a recurring pattern.
15GW Manner of varying formal authority
Variation of formal authority by nominated Tribunal member
15GW(1) Manner of varying formal authority
(a) in the case of a formal variation application...
Must provide written document to applicant
15GW(2) Manner of varying formal authority
15GX Form of variation of formal authority
Variation of formal authority must provide specific information
15GX(1) Form of variation of formal authority
Maximum period for extension of authority
15GX(2) Form of variation of formal authority
15GY Cancellation of authorities
Authority to conduct controlled operation can be cancelled by authorising officer.
15GY(1) Cancellation of authorities
Defines temporal interval of authority cancellation.
(1) An appropriate authorising officer may, by order in writing given to the principal law enforcement officer for a controlled operation...
Provides justification for cancelling authority.
Applies reasoning to authority cancellation.
Prohibits conducting controlled operation.
Diffuses authority cancellation information.
Request for cancellation of authority at any time.
15GY(2) Cancellation of authorities
Cancellation of authority takes effect at specified time.
15GY(3) Cancellation of authorities
15GZ Effect of authorities
Authorises law enforcement participants to engage in controlled conduct.
15GZ(1) Effect of authorities
15GZ(2) Effect of authorities
...for the period of effect of the authority...
Temporal relationship between authority and authorisation
(2) A person identified in an authority as being authorised to engage in controlled conduct...
(2) A person identified in an authority as being authorised to engage in controlled conduct for the purposes of the controlled operation is authorised to do so...
...unless: (a) the authority specifies a shorter period during which the person is so authorised; or (b) the authority is varied to provide that the person is no longer so authorised; or (c) the authority is cancelled before the end of that period.
(2) A person identified in an authority as being authorised to engage in controlled conduct for the purposes of the controlled operation is authorised to do so for the period of effect of the authority...
...is authorised to do so for the period of effect of the authority...
(2) A person identified in an authority...
Authority cannot delegate controlled conduct to others.
15GZ(3) Effect of authorities
cannot be delegated to any other person.
(3) The authority to engage in controlled conduct given to a participant
No defect in authority invalidates an application or granted authority.
15H Defect in authority
No defect in authority necessitates invalidation.
15HA Protection from criminal responsibility for controlled conduct
Participant in controlled operation must comply with Commonwealth/State law
15HA(1) Protection from criminal responsibility for controlled conduct
...conduct in the course of, and for the purposes of, the controlled operation;
Temporal relationship between conduct and controlled operation
...a participant in a controlled operation engages in conduct in the course of, and for the purposes of, the controlled operation;
Artificial intelligence classification of controlled operation participants
...engaging in that conduct is a Commonwealth offence or an offence against a law of a State or Territory.
Propagating effect of Commonwealth/State law on participants
Recurring trace of conduct in controlled operation
Participant not criminally responsible for offence if conduct is in accordance with authority and meets certain conditions.
15HA(2) Protection from criminal responsibility for controlled conduct
Controlled operation overlaps with participant's engagement in controlled conduct.
Controlled operations are defined as those that involve the participant engaging in controlled conduct for the purposes of the controlled operation.
Participant engages in controlled conduct for the purposes of the controlled operation.
Participant is recognised as a civilian participant in the operation.
Participant is recognised as a civilian participant in the operation if they act in accordance with instructions of a law enforcement officer.
Participant acts in accordance with instructions of a law enforcement officer.
Participant is not criminally responsible for offence if conduct meets conditions.
Participant has an obligation to conduct controlled operation in accordance with authority.
Authority authorises participant to engage in controlled conduct.
Controlled operation diffuses to participant's engagement in controlled conduct.
Controlled operations diffuse to other participants who engage in controlled conduct.
Participant engages in controlled conduct.
Participant is not criminally responsible for offence.
Participant is not criminally responsible for offence if they repeat the controlled operation.
Participant repeats the controlled operation.
Participant must not deal with material depicting a sexual offence against any person.
15HA(3) Protection from criminal responsibility for controlled conduct
Dealing with material depicting a sexual offence against any person must occur before the participant is protected from criminal responsibility.
(3) To avoid doubt, nothing in subparagraph (2)(d)(ii)
Prohibits dealing with material depicting a sexual offence against any person.
Prohibits dealing with material depicting a sexual offence against any person and facilitating a person to deal with such material.
15HB Indemnification of participants against civil liability
The Commonwealth must indemnify a participant in a controlled operation against civil liability.
15HB(1) Indemnification of participants against civil liability
...engaging in any conduct that is likely to cause the death of, or serious injury to, any person.
The conduct does not involve the participant engaging in any conduct that is likely to cause the death of, or serious injury to, any person.
(d) The conduct does not involve the participant...
The Commonwealth has an obligation to indemnify a participant.
...as a person authorized to engage in controlled conduct.
The participant is authorized to engage in controlled conduct for the purposes of the controlled operation.
(b) The participant is identified in the authority...
The requirements (if any) specified in the regulations have been met.
(f) The requirements (if any) specified...
Participant must be indemnified against civil liability if conduct involves participant
15HB(2) Indemnification of participants against civil liability
Participant has an obligation to be indemnified against civil liability
15HC Effect of sections 15HA and 15HB on other laws relating to
15HD Effect of being unaware of variation or cancellation of
Participant must continue to comply with the regulation despite a variation in authority scope.
15HD(1) Effect of being unaware of variation or cancellation of
The regulation continues to apply despite a change in authority scope, as it overlaps with the participant's actions.
Participant takes actions under the original authority scope.
The regulation continues to apply despite a change in authority scope, as it is based on the participant's actions.
The regulation continues to apply despite a change in authority scope.
Authority to conduct a controlled operation is varied.
Participant must be unaware of the variation for it not to affect their obligations.
Participant must not be reckless about the existence of the variation for it not to affect their obligations.
Participant is reckless about the existence of the variation.
Continue applying to a person unaware of cancellation
15HD(2) Effect of being unaware of variation or cancellation of
Consequence of cancellation on obligation
(2) If an authority to conduct a controlled operation is cancelled...
Continues application despite cancellation
Awareness of cancellation affects obligation
Recklessness about cancellation affects obligation
(b) is not reckless about the existence of the cancellation.
Reckless about variation or cancellation of authority
15HD(3) Effect of being unaware of variation or cancellation of
the person is reckless about the existence...
(a) the person is aware of a substantial risk...
(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.
the person has a duty to avoid taking the risk
the person is aware of the variation or cancellation...
A reference to a cancelled authority includes a reference to an authority that has stopped being in effect.
15HD(4) Effect of being unaware of variation or cancellation of
Inclusion of a cancelled authority reference.
Includes a cancelled authority reference in the definition.
15HE Protection from criminal responsibility for certain ancillary
Protection from criminal responsibility for certain ancillary conduct
15HE(1) Protection from criminal responsibility for certain ancillary
Belief of authorized participant excuses ancillary conduct
15HE(2) Protection from criminal responsibility for certain ancillary
Ancillary conduct overlaps with related controlled conduct in time
Temporal overlap between ancillary conduct and related controlled conduct
Belief of authorized participant at time of ancillary conduct
Exemption from criminal responsibility is inferred from the belief of the authorized participant
Inference from belief of authorized participant to exemption from criminal responsibility
Excuses ancillary conduct based on belief of authorized participant
Ancillary conduct is diffused with respect to the related controlled conduct
Diffusion of belief from authorized participant to ancillary conduct
Ancillary conduct is recurrent with respect to the related controlled conduct
Recurring trace between ancillary conduct and related controlled conduct
15HF Compensation for property loss or serious damage
Liability for compensation in case of property loss or personal injury
15HF(1) Compensation for property loss or serious damage
15HF(2) Compensation for property loss or serious damage
15HG Notification requirements
Principal law enforcement officer must report loss, damage or injury to chief officer of the law enforcement agency.
15HG(1) Notification requirements
Chief officer must notify owner of loss or damage to property.
15HG(2) Notification requirements
Chief officer reports loss or damage to property
Chief officer must notify person of injury reported under subsection (1)
15HG(3) Notification requirements
Chief officer must notify person within a reasonable timeframe after reporting injury
(3) If a personal injury is reported to the chief officer under subsection (1),
Chief officer's notification implies that they have taken reasonable steps
Chief officer's notification requires human oversight and review
Notification spreads to person affected by injury
Notification requirements under certain conditions.
15HG(4) Notification requirements
(4) The chief officer is not required to give a notification...
15HG(5) Notification requirements
15HH Protection from criminal responsibility for conduct under a
Participant must comply with Commonwealth offence.
15HH(1) Protection from criminal responsibility for conduct under a
...engaging in that conduct is a Commonwealth offence.
Participant must act in accordance with instructions of a law enforcement officer.
15HH(2) Protection from criminal responsibility for conduct under a
the participant must act in accordance with the instructions of a law enforcement officer.
Same meanings as in corresponding State controlled operations law
15HH(3) Protection from criminal responsibility for conduct under a
Section 15HH does not apply to certain criminal investigation activities.
15HI Effect of section 15HH on other laws relating to criminal
Certain criminal investigation activities
15HJ Protection from criminal responsibility for certain ancillary
15HJ(1) Protection from criminal responsibility for certain ancillary
15HJ(2) Protection from criminal responsibility for certain ancillary
the person who engaged in the ancillary conduct is not criminally responsible
Defines temporal overlap with protected conduct
Defines temporal containment with protected conduct
15HK Unauthorised disclosure of information
Disclosing unauthorized information is an offence.
15HK(1) Unauthorised disclosure of information
...and (c) the person discloses the information;
(d) the information relates to a controlled operation.
...and (d) the information relates to a controlled operation.
Prohibits disclosure of information by entrusted persons
(b) Information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person;
Prohibits disclosure of information by persons with recklessness
(1)(b) and (d)—see section 5.6 of the Criminal Code;
Imprisonment for disclosure of unauthorized information
Prohibition on unauthorized disclosure of information
15HK(1A) Unauthorised disclosure of information
Disclosing controlled operation information without authorization is an offence.
15HK(1B) Unauthorised disclosure of information
15HM Chief officers’ 6 monthly reports to Ombudsman or
Chief officers must submit reports to the Ombudsman on a 6 monthly basis.
15HM(1) Chief officers’ 6 monthly reports to Ombudsman or
Authorising agency is ACC, or Ombudsman for other agencies.
15HM(1A) Chief officers’ 6 monthly reports to Ombudsman or
Inspector-General of Intelligence and Security.
Agency must provide formal authority reports to Ombudsman
15HM(2) Chief officers’ 6 monthly reports to Ombudsman or
15HN Chief officers’ annual reports to Minister, and
Chief officers must submit annual reports to the Minister.
15HN(1) Chief officers’ annual reports to Minister, and
Chief officers must advise the Minister about information to be excluded from reports.
15HN(2) Chief officers’ annual reports to Minister, and
Chief officers must advise the Minister.
Minister must exclude information from report if advised by chief officer
15HN(3) Chief officers’ annual reports to Minister, and
Minister has a duty to exclude information from report
15HO Annual report by Ombudsman
The Ombudsman must prepare and provide a report to the Minister and law enforcement agency.
15HO(1) Annual report by Ombudsman
Report cannot include information that could endanger a person's safety, prejudice an investigation or prosecution, or compromise law enforcement activities.
15HO(2) Annual report by Ombudsman
Prohibits certain information from being included in a report.
(2) A report under this section must not include...
Annual report by Ombudsman must be laid before each House of Parliament within 15 sitting days.
15HO(3) Annual report by Ombudsman
Obligation to lay report before Parliament
Annual report by Ombudsman must include comments on comprehensiveness and adequacy of reports provided to the Ombudsman.
15HO(4) Annual report by Ombudsman
Report cannot disclose information that identifies a person involved in an operation.
15HO(5) Annual report by Ombudsman
Prohibits disclosure of information that identifies a person involved in an operation.
Annual report by Ombudsman must include particulars of a controlled operation when completed.
15HO(6) Annual report by Ombudsman
Must keep certain documents connected with controlled operations.
15HP Keeping documents connected with controlled operations
15HQ General register
Chief officer must cause a general register to be kept.
15HQ(1) General register
Requires specification of application and authority details
15HQ(2) General register
Defines temporal intervals for operation commencement and cessation
15HR Appointment of inspecting officers
The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers.
15HR(1) Appointment of inspecting officers
Appointment under subsection (1) must be in writing.
15HR(2) Appointment of inspecting officers
15HS Inspection of records by the Ombudsman
The Ombudsman must inspect records of authorising agencies at least once every 12 months.
15HS(1) Inspection of records by the Ombudsman
Ombudsman may enter premises, access records, and require staff information.
15HS(3) Inspection of records by the Ombudsman
15HT Power to obtain relevant information
Ombudsman can compel law enforcement officer to provide relevant information.
15HT(1) Power to obtain relevant information
The Ombudsman may require law enforcement officers to provide information.
15HT(2) Power to obtain relevant information
The Ombudsman may require a law enforcement officer to attend an inspection.
15HT(3) Power to obtain relevant information
The officer must answer questions within a specified time frame.
The Ombudsman has a duty to require the officer's attendance.
The Ombudsman may require a chief officer to attend an inspection.
15HT(4) Power to obtain relevant information
The chief officer must attend the inspection.
The Ombudsman has reasonable grounds to believe...
15HT(5) Power to obtain relevant information
Refusal to attend before an inspecting officer is prohibited.
15HU Offence
Prohibition of refusal to attend before an inspecting officer.
Section 15HT requires attendance before an inspecting officer.
A person has an obligation to attend before an inspecting officer.
There is an obligation on a person to attend before an inspecting officer.
Imprisonment for 6 months is prohibited as a penalty.
The provision prohibits imprisonment for 6 months as a penalty.
Imprisonment for 6 months is the penalty for an offence.
There is a recurring trace of refusal or failure to attend.
The provision creates a recurring trace of refusal or failure to attend.
Refusal or failure to attend is prohibited.
Must provide information, answer questions, or give access to documents despite other laws.
15HV Ombudsman to be given information and access despite other
Must provide information, answer questions, or give access to documents.
15HW Exchange of information between Ombudsman or
Definitions for State or Territory agency and inspecting authority
15HW(1) Exchange of information between Ombudsman or
Ombudsman must provide information to State or Territory inspecting authority.
15HW(2) Exchange of information between Ombudsman or
Ombudsman must provide information to authorities under certain conditions.
15HW(3) Exchange of information between Ombudsman or
The Ombudsman may only give information...
15HX Delegation by Ombudsman
15HX(1) Delegation by Ombudsman
Delegation is effective from specified date
Written instrument specifies effective date
Delegate must provide instrument of delegation upon request.
15HX(2) Delegation by Ombudsman
No liability for acts done in good faith while performing official duties.
15HY Ombudsman not to be sued
Therefore, the Ombudsman must act in good faith.
No liability implies duty to act in good faith.
The Ombudsman is not liable for acts done in good faith.
Therefore, the Ombudsman performs official duties.
A document purporting to be an authority granted under section 15GI is admissible in legal proceedings.
15HZ Evidence of authorities
15J Secretary of Immigration and Border Protection Department to
Authority granted under section 15GI by an AFP authorising officer, ACC authorising officer or NACC authorising officer.
15J(1) Secretary of Immigration and Border Protection Department to
The AFP authorising officer, ACC authorising officer or NACC authorising officer has the authority to grant the authority.
The applicant for the authority believes that illicit goods involved in the conduct of the operation may be dealt with by an officer of Customs.
The AFP authorising officer, ACC authorising officer or NACC authorising officer has the authority.
Has belief about the nature of the goods.
Notify the Secretary of Immigration and Border Protection Department or a nominated person in writing of certain information.
15J(2) Secretary of Immigration and Border Protection Department to
Failure to comply does not affect authority validity
15J(3) Secretary of Immigration and Border Protection Department to
The validity of an authority is unaffected by a failure to comply with this section.
Authority validity unaffected by non-compliance
(3) A failure to comply with this section does not affect the validity of an authority.
Authorisation required for integrity testing operations
15JA Integrity testing—simplified outline
Concurrent operation of State and Territory laws with this Part is not excluded.
15JB Integrity testing—concurrent operation of State and Territory
to the extent that the law is capable of operating concurrently with this Part.
Intersection of concurrent operation intervals
This Part is not to apply to the exclusion of a law of a State or Territory
Defines terms for integrity testing operations.
15JC Integrity testing—definitions
Subclass of definitions for integrity testing operations.
Definitions for integrity testing operations.
15JD Integrity testing—meaning of integrity testing operation
15JD(1) Integrity testing—meaning of integrity testing operation
(1) An integrity testing operation is an operation conducted in relation to a target agency using controlled or simulated situations to test the integrity of a staff member of the agency.
Staff members cannot engage in conduct that contravenes principles of behaviour required by law or otherwise.
15JD(2) Integrity testing—meaning of integrity testing operation
Prohibits conduct that contravenes principles of behaviour required by law or otherwise.
(2) An integrity testing operation includes an operation that offers the staff member an opportunity to engage in conduct, whether lawful or unlawful...
Classifies 'conduct' as conduct that contravenes principles of behaviour required by law or otherwise.
15JE Integrity testing authorities—circumstances in which
An agency staff member may apply for authority for an integrity testing operation.
15JE(1) Integrity testing authorities—circumstances in which
Staff members of agencies may apply for authority.
Application of integrity testing table items does not prevent application of other items.
15JE(2) Integrity testing authorities—circumstances in which
15JF Integrity testing authorities—application
sufficient information to enable the authorising officer to decide
Application requirements for integrity testing authorities
15JF(1) Integrity testing authorities—application
Application must provide sufficient information
Applicant must provide additional information for proper consideration.
15JF(2) Integrity testing authorities—application
15JG Integrity testing authorities—grant
Grant authority for integrity testing operation
15JG(1) Integrity testing authorities—grant
Grant authority to conduct integrity testing operation only under specified conditions.
15JG(2) Integrity testing authorities—grant
Authority granted only under specified circumstances.
Authority granted only during specified circumstances
Authorising officer must be satisfied that specified conditions are met before granting authority.
Authority granted only under specified conditions.
Authorising officer must not grant authority unless specified conditions are met.
Obligation on authorising officer to ensure specified conditions are met before granting authority
15JG(3) Integrity testing authorities—grant
Granting authority for integrity testing authorities
15JG(4) Integrity testing authorities—grant
Defines the scope of integrity testing authorities
An integrity testing authority must state the name and rank or position of the appropriate authorising officer.
15JH Integrity testing authorities—form
Must state the name and rank or position of the appropriate authorising officer.
Must provide copy of integrity testing authority to staff member and National Anti-Corruption Commissioner
15JI Integrity testing authorities—notice to National
Must provide copy of integrity testing authority
15JJ Integrity testing authorities—duration
15JJ(1) Integrity testing authorities—duration
Authority comes into force at some point in the future
Describes temporal interval of authority's coming into force
15JJ(2) Integrity testing authorities—duration
15JK Integrity testing authorities—variation
Variation of integrity testing authority by authorising officer or staff member.
15JK(1) Integrity testing authorities—variation
Temporal interval of variation by authorising officer or staff member.
(a) at any time on the authorising officer’s own initiative;
(1) An appropriate authorising officer for an integrity testing operation...
Granting permission to vary authority by staff member.
(b) on application, in writing, by the responsible staff member for the operation.
Diffusion of permission to vary authority.
Implication of variation on integrity testing authority.
Authority may extend period of effect up to 12 months.
15JK(2) Integrity testing authorities—variation
Authorising officer must give a copy of variation to integrity testing authorities.
15JK(3) Integrity testing authorities—variation
Must provide variation to integrity testing authorities.
15JL Integrity testing authorities—cancellation
Cancellation of integrity testing authority by authorising officer.
15JL(1) Integrity testing authorities—cancellation
The cancellation can occur at any time and for any reason.
(1) An appropriate authorising officer for an integrity testing operation may, by order in writing given to the responsible staff member for...
The cancellation authority is represented as a knowledge entity.
Knowledge representation of cancellation authority.
The authority at any time and for any reason may be cancelled.
Prohibition of cancelling integrity testing authority.
(1) An appropriate authorising officer for an integrity testing operation may, by order in writing given to the responsible staff member for the operation...
The cancellation is communicated to the responsible staff member.
Staff member can request cancellation of integrity testing authority.
15JL(2) Integrity testing authorities—cancellation
Cancellation of integrity testing authority takes effect at specified time.
15JL(3) Integrity testing authorities—cancellation
An application for an integrity testing authority or for the variation of an authority, and any integrity testing authority or variation granted on the basis of such an application, is not invalidated by any defect.
15JM Integrity testing authorities—defects
(a = application ∨ a = authority ∨ a = variation) → ¬(application is invalidated by defect(a))
If a defect affects the application, authority or variation in a material particular, then the application is invalidated.
defect(a) ∧ (a = application ∨ a = authority ∨ a = variation)
15JN Integrity testing operations—authorised conduct
Authorises participants to take part in integrity testing operation
15JN(1) Integrity testing operations—authorised conduct
each person identified in the authority as a participant
integrity testing authority for an integrity testing operation
Participant authorized to take part in integrity testing operation for a specified period.
15JN(2) Integrity testing operations—authorised conduct
The participant's authorization overlaps with the specified period.
(2) A participant is authorized to take part in the integrity testing operation for the period of effect of the authority.
The authorization is related to a cognitive agent.
(2) A participant is authorized to take part in the integrity testing operation for the period of effect of the authority, unless...
The participant is permitted to take part in the integrity testing operation.
(2) A participant is authorized to take part in the integrity testing operation.
The authorization diffuses to other participants.
The participant's authorization is valid until the specified condition is met.
An integrity testing authority does not authorise a participant to delegate participation.
15JN(3) Integrity testing operations—authorised conduct
Commonwealth must indemnify participant in integrity testing operation against civil liability.
15JO Integrity testing operations—indemnity against civil liability
Commonwealth has an obligation to indemnify participant.
15JP Integrity testing operations—participants unaware of
Participant must continue to comply with integrity testing operation despite scope variation.
15JP(1) Integrity testing operations—participants unaware of
(a) is unaware of the variation; and (b) is not reckless about the existence of the variation.
Continues to apply despite scope variation
Participant must comply with integrity testing operation
Continue applying provisions despite cancellation of integrity testing authority
15JP(2) Integrity testing operations—participants unaware of
Cancellation occurred before or during testing operation
Continues to apply provisions despite cancellation
Cancellation of authority does not affect obligations
Be aware of substantial risk that variation or cancellation has happened and unjustifiable to take the risk.
15JP(3) Integrity testing operations—participants unaware of
Be aware of substantial risk that variation or cancellation has happened
15JQ Integrity testing operations—disclosure
Disclosing information about integrity testing operations is an offence.
15JQ(1) Integrity testing operations—disclosure
Disclosure exceptions for integrity testing operations
15JQ(2) Integrity testing operations—disclosure
Exempts disclosure from integrity testing operations
Disclosure of information to the National Anti-Corruption Commissioner is permitted under certain conditions.
15JQ(3) Integrity testing operations—disclosure
Disclosure is permitted under certain conditions.
Disclosure of information to IGIS official for exercising power or performing duty is exempt from subsection (1)
15JQ(4) Integrity testing operations—disclosure
Disclosure to IGIS official for exercising power or performing duty is permitted
IGIS official has knowledge of disclosure purpose
Disclosing information about integrity testing operations that endangers safety is an offence.
15JR Integrity testing operations—disclosure endangering safety
The disclosure of information about integrity testing operations that endangers safety overlaps with the effective conduct of an integrity testing operation.
Disclosing information about integrity testing operations that endangers safety overlaps with the effective conduct of an integrity testing operation.
the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation;
The information is classified as relating to an integrity testing operation using artificial intelligence.
Classifies information as relating to an integrity testing operation using artificial intelligence.
the information relates to an integrity testing operation;
Prohibits disclosure of information about integrity testing operations that endangers safety.
The person discloses information; and the information relates to an integrity testing operation; and either the person intends to endanger the health or safety of any person or prejudice the effective conduct of an integrity testing operation;
The disclosure of information about integrity testing operations that endangers safety spreads to other persons or entities.
Disclosing information about integrity testing operations that endangers safety spreads to other persons or entities.
The disclosure of information about integrity testing operations that endangers safety repeats the action of endangering health or safety.
Disclosing information about integrity testing operations that endangers safety repeats the action of endangering health or safety.
15JS Integrity testing operations—annual reports
Details of integrity testing operations authorized during the previous 12 months
Annual report on integrity testing operations must be submitted to the Law Enforcement Minister.
15JS(1) Integrity testing operations—annual reports
(1) As soon as practicable after 30 June in each year, the chief officer of each integrity testing agency must submit a report to the Law Enforcement Minister setting out...
Submission of annual report implies compliance with obligation
Annual report is a structured document containing details of integrity testing operations
(2) in relation to integrity testing operations authorized by an authorising officer of the agency during the previous 12 months.
Details of integrity testing operations are included in annual report
Details of granted authorities, suspected criminal activity, and authority periods
Annual report requirements for integrity testing authorities
15JS(2) Integrity testing operations—annual reports
No disclosure of person identities in integrity testing reports.
15JS(3) Integrity testing operations—annual reports
Prohibits disclosure of personal information.
Particulars of an integrity testing operation
Annual report must include particulars of an integrity testing operation if completed by the end of the year.
15JS(4) Integrity testing operations—annual reports
Must provide particulars if completed by the end of the year.
Annual reports must be provided by integrity testing agencies.
15JS(5) Integrity testing operations—annual reports
Classification of integrity testing agencies.
A document purporting to be an integrity testing authority is admissible in legal proceedings.
15JT Evidence of integrity testing authorities
Document purporting to be an integrity testing authority
Defines terms related to assumed identities
15K Definitions
15KA Application for authority to acquire or use assumed identity
Law enforcement officer may apply for authority to acquire or use assumed identity.
15KA(1) Application for authority to acquire or use assumed identity
Application for authority to acquire or use assumed identity
15KA(2) Application for authority to acquire or use assumed identity
Chief officer of the law enforcement agency must receive application before deadline
Temporal interval for application submission
Application must be submitted within a certain time frame
Chief officer of the law enforcement agency must consider justification before granting authority
Applicant must justify reason for requesting assumed identity
Chief officer of the law enforcement agency must process application before making decision
Application must be processed by chief officer of law enforcement agency
Application must be made to the chief officer of the law enforcement agency
Authority to acquire or use assumed identity
Law enforcement agency has obligation to provide authority
Chief officer of the law enforcement agency must notify applicant of decision
Applicant must be informed of decision on authority request
15KA(3) Application for authority to acquire or use assumed identity
(3) An intelligence officer of an intelligence agency may apply to the chief officer of the agency for an authority for the officer or any other person (including a foreign officer) to do either or both of the following:
Application for authority to acquire or use assumed identity is restricted to ONI intelligence officers.
15KA(3A) Application for authority to acquire or use assumed identity
Application is restricted to ONI intelligence officers.
Separate application must be made for each assumed identity.
15KA(4) Application for authority to acquire or use assumed identity
15KB Determination of applications
Grant authority to acquire or use assumed identity with conditions.
15KB(1) Determination of applications
Authority to acquire or use assumed identity may not be granted unless certain conditions are met.
15KB(2) Determination of applications
...for one or more of the following purposes:
Temporal interval for which assumed identity can be acquired or used
(ii) the exercise of powers and performance of functions...
Cognitive AI application for assumed identity management
(a) that the assumed identity is necessary...
...unless the chief officer is satisfied on reasonable grounds...
Prohibition of acquiring or using assumed identity
(2) An authority to acquire or use an assumed identity may not be granted...
Diffusion of assumed identity to authorized person
(v) any administrative function in support of any of the...
Recurring trace for training persons for purposes mentioned in subparagraphs (i) to (iii)
(iv) the training of persons for any of the purposes...
Chief officer must appoint an officer to supervise
15KB(3) Determination of applications
15KC Form of authority
Authority must be in writing and signed by the person granting it.
15KC(1) Form of authority
Authority must be signed by the person granting it
Details of assumed identity, evidence, and conditions
15KC(2) Form of authority
15KD Period of authority
Authority remains in force until cancelled under section 15KE.
15KD(1) Period of authority
Authority remains in force until specified end date unless cancelled sooner.
15KD(2) Period of authority
(2) An authority for an authorised civilian...
15KE Variation or cancellation of authority
Chief officer may vary or cancel authority at any time.
15KE(1) Variation or cancellation of authority
Chief officer must give written notice of variation or cancellation to authorised person and supervisor.
15KE(2) Variation or cancellation of authority
Notice must state reason for varying or cancelling authority
15KE(3) Variation or cancellation of authority
The notice must state why the authority is varied or cancelled.
Variation or cancellation of authority takes effect on a specified day.
15KE(4) Variation or cancellation of authority
15KF Yearly review of authority
Agency must review authority periodically.
15KF(1) Yearly review of authority
Review authority at least once every 3 years for delegated officers, or 12 months otherwise.
15KF(2) Yearly review of authority
(2) A review of an authority under this section is to be conducted:
Determine whether use of assumed identity is still necessary
15KF(3) Yearly review of authority
Imposes a duty on the State to review authority
15KF(4) Yearly review of authority
he or she must cancel the authority under section 15KE.
(4) If the chief officer is satisfied...
Chief officer must record opinion and reasons if use of assumed identity is necessary.
15KF(5) Yearly review of authority
Failure to comply does not invalidate an authority or lawful action.
15KF(6) Yearly review of authority
Permits chief officers of law enforcement agencies or intelligence agencies to apply for an order in the Supreme Court of a State or Territory.
15KG Making entries in register of births, deaths or marriages
15KH Effect of authority ceasing to be in force on register of births,
Authority ceasing to be in force on register of births
15KH(1) Effect of authority ceasing to be in force on register of births,
During the authority ceasing to be in force
(a) an authority for an assumed identity ceases to be in force;
(b) there is an entry in relation to that assumed identity in a register of births, deaths or marriages because of an order under a corresponding assumed identity law.
Because of the entry in register of births, deaths or marriages
Until the authority ceasing to be in force
Cancel entry from register of births within 28 days after authority ceases to be in force.
15KH(2) Effect of authority ceasing to be in force on register of births,
within 28 days after the day the authority ceases to be in force.
Entry on register of births is created before authority ceases to be in force
(2) The chief officer of a law enforcement agency or an intelligence agency...
must apply for an order under the corresponding assumed identity law
must apply for an order under the corresponding assumed identity law to cancel the entry within 28 days after the day the authority ceases to be in force.
Must cancel entry within 28 days after authority ceases to be in force
15KI Request for evidence of assumed identity
Authority must provide evidence of assumed identity.
15KI(1) Request for evidence of assumed identity
Request for evidence of assumed identity
15KI(2) Request for evidence of assumed identity
List of persons who may make a request for evidence of assumed identity.
15KI(2A) Request for evidence of assumed identity
Temporal relationship between granting authority and making a request.
(a) the chief officer of a law enforcement agency who granted the authority; or
or (c) if the chief officer of the Office of National Intelligence granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service; or
Definition of the scope of persons who may make a request.
(a) the chief officer of a law enforcement agency who granted the authority; or (b) the chief officer of an intelligence agency (other than the Office of National Intelligence or the Australian Signals Directorate) who granted the authority; or
(d) if the chief officer of the Australian Signals Directorate granted the authority—the chief officer of the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service.
Request for evidence of assumed identity must state a reasonable period for compliance.
15KI(3) Request for evidence of assumed identity
Must provide evidence of assumed identity within a reasonable period.
(3) The request must state a reasonable period for compliance with the request.
Request for evidence of assumed identity must include specific details.
15KI(4) Request for evidence of assumed identity
Request for entry in a register of births, deaths or marriages is prohibited.
15KI(5) Request for evidence of assumed identity
Prohibits making a request for an entry in a register of births, deaths or marriages.
(5) A request must not be made under this section for an entry in a register of births, deaths or marriages.
Definition of evidence for issuing agency
15KI(6) Request for evidence of assumed identity
Must comply with request within reasonable period
15KJ Government issuing agencies to comply with request
Non-government issuing agencies must comply with requests.
15KK Non-government issuing agencies may comply with request
Chief officer must cancel evidence of assumed identity upon written direction.
15KL Cancellation of evidence of assumed identity
15KM Return of evidence of assumed identity
Section applies if authority ceases to be in force.
15KM(1) Return of evidence of assumed identity
Request for return of evidence of assumed identity
15KM(2) Return of evidence of assumed identity
Failure to comply with a request for identity evidence is an offence.
15KM(3) Return of evidence of assumed identity
Protection from criminal liability for officers of issuing agencies
15KN Protection from criminal liability—officers of issuing agencies
Imposes obligation on the state to protect officers from criminal liability
15KO Indemnity for issuing agencies and officers
Chief officer of an issuing agency must provide indemnity if requested by a law enforcement or intelligence agency chief officer.
15KO(1) Indemnity for issuing agencies and officers
Chief officer of an issuing agency makes a request under section 15KI or gives a direction under section 15KL to the chief officer of an issuing agency.
Chief officer of an issuing agency makes a request under section 15KI or gives a direction under section 15KL.
Must provide indemnity if requested by a law enforcement or intelligence agency chief officer
Chief officer of an issuing agency must provide indemnity
This section applies to the chief officer of an issuing agency.
Indemnity must be provided if request is made
Commonwealth must indemnify issuing agency or officer for liability incurred in course of duty to comply with request or direction.
15KO(2) Indemnity for issuing agencies and officers
Commonwealth has an obligation to indemnify issuing agency or officer.
Acquiring or using an assumed identity is permitted under certain conditions.
15KP Assumed identity may be acquired and used
The person may acquire or use an assumed identity if...
Permission to acquire or use an assumed identity.
The person is an authorised person (other than an authorised civilian) and the acquisition or use is in accordance with an authority; and
The person is an authorised civilian and the acquisition or use is in accordance with an authority; and
Any direction by the person’s supervisor under the authority.
An authorised person is not criminally responsible for an offence if they act in accordance with authority.
15KQ Protection from criminal liability—authorised persons
They are not criminally responsible for the offence.
Obligation to act in accordance with authority.
The person is acting in accordance with authority.
Protection from criminal liability for third parties performing official duties.
15KR Protection from criminal liability—third parties
Imposes obligation on the state to protect third parties performing official duties.
15KS Indemnity for authorised persons
15KS(1) Indemnity for authorised persons
Commonwealth must indemnify authorised persons for liability incurred due to actions taken in accordance with authority.
15KS(2) Indemnity for authorised persons
Temporal interval overlaps with liability incurred
Temporal intervals overlap for liability incurred
Commonwealth owes obligation to indemnify authorised persons
15KT Particular qualifications
Exemption from sections 15KQ, 15KR and 15KS for authorised persons without a particular qualification.
15KT(1) Particular qualifications
Defines a temporal interval for the exemption of authorised persons from sections 15KQ, 15KR and 15KS without a particular qualification.
(1) Sections 15KQ, 15KR and 15KS do not apply to anything done by an authorised person if:
Represents the exemption of authorised persons from sections 15KQ, 15KR and 15KS without a particular qualification.
Exempts authorised persons from sections 15KQ, 15KR and 15KS without a particular qualification.
(a) a particular qualification is needed to do the thing; and (b) the person does not have that qualification.
Propagates the exemption of authorised persons from sections 15KQ, 15KR and 15KS without a particular qualification.
No one authorized to fly a plane without actual qualification.
15KT(2) Particular qualifications
(2) Subsection (1) applies whether or not the person has acquired...
15KU Effect of being unaware of variation or cancellation of
Continue to apply despite variation in authority scope
15KU(1) Effect of being unaware of variation or cancellation of
Continue application despite variation in authority scope
Counter rebuttal to variation in authority scope
Continue application despite lack of knowledge of variation
15KU(2) Effect of being unaware of variation or cancellation of
(2) If an authority has been cancelled...
15KU(3) Effect of being unaware of variation or cancellation of
the risk assessment leads to recklessness.
(a) the person is aware of a substantial risk that the variation or cancellation has happened; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.
it is unjustifiable to take the risk that the authority has not been varied or cancelled.
the person takes the risk that the authority has not been varied or cancelled.
15KV Transfer of control of authorities
Chief officer of an intelligence agency may agree to transfer control of authority.
15KV(1) Transfer of control of authorities
...if: (a) the authority was granted by the chief officer of...
Transfer of control is a temporal relation.
(1) The chief officer of an intelligence agency (the originating agency) may agree in writing...
...to transfer control of an authority to the chief officer of the receiving agency.
Chief officer agrees to transfer control.
Authority was granted by the chief officer of the originating agency.
(a) the authority was granted by the chief officer of...
Chief officer delegates functions under this section.
Note: The chief officer may delegate functions under this section—see section 15LH.
...under a previous application of this subsection.
Control of the authority was transferred to the chief officer of the originating agency.
(b) control of the authority was transferred to the chief officer of...
Chief officer may agree to transfer control of authority.
15KV(2) Transfer of control of authorities
Transfer agreement has a temporal relation.
(2) The chief officer of a law enforcement agency (the originating agency) may agree in writing with the chief officer of another law enforcement agency (the receiving agency) to transfer control of an authority...
The chief officer may delegate functions under this section—see section 15LH.
Chief officer has permission to delegate functions.
Transfer agreement has a recurring trace.
Chief officer of originating agency must provide written document to chief officer of receiving agency with certain information.
15KV(3) Transfer of control of authorities
...when a review was last conducted; and...
Temporal interval for review and transfer information
(3) The chief officer of the originating agency must give...
...whether control of the authority has previously been transferred under this section,...
Transfer of control implies review and transfer information
Requiring written document for transfer control
...the name of the originating agency and receiving agency in relation to each such transfer.
Transfer information spreads to receiving agency
15KW Consequences of transfer of control of authorities
Consequences of transfer of control of authorities
15KW(1) Consequences of transfer of control of authorities
Authority continues in force after transfer
15KW(2) Consequences of transfer of control of authorities
Provisions have effect as if chief officer of receiving agency granted authority instead of originating agency
15KW(3) Consequences of transfer of control of authorities
Chief officer of receiving agency must review authority within specified timeframes.
15KW(4) Consequences of transfer of control of authorities
Chief officer has an obligation to review authority.
Chief officer of receiving agency must make request under section 15KI.
15KW(5) Consequences of transfer of control of authorities
15KX Requests to a participating jurisdiction for evidence of
Authority must provide evidence upon request
15KX(1) Requests to a participating jurisdiction for evidence of
15KX(2) Requests to a participating jurisdiction for evidence of
Identifies who may make a request for evidence under subsection (2)
15KX(2A) Requests to a participating jurisdiction for evidence of
Request must state it is a request under this section.
15KX(3) Requests to a participating jurisdiction for evidence of
15KX(4) Requests to a participating jurisdiction for evidence of
15KY Requests from a participating jurisdiction for evidence of
Request for evidence of assumed identity from a Commonwealth government issuing agency.
15KY(1) Requests from a participating jurisdiction for evidence of
...a reasonable period for compliance with the request;
Temporal interval: Request -> Reasonable Period.
(c) the request states a reasonable period for compliance with the request.
...the giving of evidence of the assumed identity to the authorised person named in the authority;
Implication of authority and request on Commonwealth government issuing agency.
(a) an authority under a corresponding assumed identity law authorises a request for...
Inference of authority and request on Commonwealth government issuing agency.
Obligation to provide evidence of assumed identity.
...the production of evidence of an assumed identity from a Commonwealth government issuing agency;
Diffusion of information: Request -> Authority -> Commonwealth Government Issuing Agency.
(b) the request is made to the chief officer of the Commonwealth government issuing agency;
Agency must comply with request for evidence within a reasonable period.
15KY(2) Requests from a participating jurisdiction for evidence of
Exemptions from compliance with a request made under section (1)(b)
15KY(3) Requests from a participating jurisdiction for evidence of
15KZ Directions from a participating jurisdiction to cancel evidence
Chief officer must cancel evidence upon written direction from authorized chief officer.
15KZ(1) Directions from a participating jurisdiction to cancel evidence
Definition of cancel includes delete or alter an entry in a record of information.
15KZ(2) Directions from a participating jurisdiction to cancel evidence
15L Indemnity for issuing agencies and officers
Chief officer of an issuing agency must provide indemnity to chief officer of a requesting agency.
15L(1) Indemnity for issuing agencies and officers
Agency must indemnify issuing agency and officers for liability incurred while complying with request.
15L(2) Indemnity for issuing agencies and officers
Agency has an obligation to indemnify issuing agency and officers.
15LA Application of this Part to authorities under corresponding
Application of this Part to authorities under corresponding
15LA(1) Application of this Part to authorities under corresponding
15LA(2) Application of this Part to authorities under corresponding
to anything done in relation to a corresponding authority
Applying the provisions of this Part to authorities
15LB Misuse of assumed identity
Acquiring or using an assumed identity without authority is prohibited.
15LB(1) Misuse of assumed identity
(d) the person is reckless as to the circumstance mentioned in paragraph (c).
Prohibition of acquiring or using an assumed identity without authority.
(a) the person is an authorised person (other than an authorised civilian); and (b) the person acquires evidence of, or uses, an assumed identity;
15LB(2) Misuse of assumed identity
Temporal relation between the action and the prohibition.
(2) An authorised civilian commits an offence...
Prohibition of acquiring or using an assumed identity.
15LC Disclosing information about assumed identity
Disclosing information about assumed identity is prohibited.
15LC(1) Disclosing information about assumed identity
...the conduct causes the disclosure of information; and (c) the information reveals, or is likely to reveal...
Overlaps with temporal intervals related to assumed identities.
Analyzes cognitive aspects of assumed identities.
Prohibits disclosure of information about assumed identity.
Influences diffusion of information about assumed identities.
Recurring trace related to assumed identities.
15LC(2) Disclosing information about assumed identity
Disclosing information about assumed identity is prohibited. Disclosing information about assumed identity is prohibited unless specified conditions are met.
15LC(3) Disclosing information about assumed identity
...or of any report of any such proceedings;
Temporal relation between disclosure and legal proceedings
(3) if the person causes the disclosure...
Diffusion of information about assumed identity
Recurring trace between disclosure and legal proceedings
(b) for the purposes of any legal proceeding...
No offence under subsections (1), (2) or (3)
15LC(4) Disclosing information about assumed identity
15LD Reports about authorities for assumed identities etc.—law
Chief officer must submit report to NACC Minister with specific information about authorities and assumed identities.
15LD(1) Reports about authorities for assumed identities etc.—law
Report includes specific information about authorities and assumed identities.
Exclusion of information from reports to protect safety and investigations.
15LD(2) Reports about authorities for assumed identities etc.—law
Exclusion of information may occur before the report is laid before Parliament.
Temporal overlap between exclusion and reporting requirements.
The report must be laid before Parliament within a certain timeframe;
Exclusion patterns are recognized by AI systems.
Artificial intelligence recognizes exclusion patterns in reports.
The chief officer uses AI to analyze the report;
The chief officer must not include this information in the report.
Prevents disclosure of sensitive information.
(a) endanger a person’s safety; or (b) prejudice an investigation or prosecution;
Exclusion requirements diffuse to other relevant parties.
Spreads exclusion requirements to related entities.
The report must be laid before Parliament and the NACC Minister;
Exclusion may occur eventually, after investigation outcomes are determined.
Conditional commencement of exclusion based on investigation outcomes.
The chief officer must advise the NACC Minister about potential exclusions;
Must exclude information from report if certain grounds are met and provide a copy to Parliament within 15 days.
15LD(3) Reports about authorities for assumed identities etc.—law
Intelligence agencies must submit annual reports to the Inspector-General.
15LE Reports about authorities for assumed identities etc.—
Reports about authorities for assumed identities etc.—
15LF Record keeping
Agency must keep records about operation of Part.
15LF(1) Record keeping
a) the date on which an authority was granted, varied or cancelled and the name of the person who granted, varied or cancelled it;
Records must be kept for authorities granted, varied or cancelled.
15LF(2) Record keeping
Records must be kept for authorities transferred to or from the chief officer of an agency.
15LF(3) Record keeping
15LG Audit of records
Audit records of intelligence agencies every 6 months and after cancellation/expiry.
15LG(1) Audit of records
The audit must be conducted by a person appointed by the chief officer.
15LG(2) Audit of records
(2) The audit is to be conducted by a person appointed by the chief officer.
IF THE CHIEF OFFICER APPOINTS A PERSON, THEN THAT PERSON MUST CONDUCT THE AUDIT.
A person appointed by the chief officer MUST conduct the audit.
The person appointed to conduct the audit must not be a person with assumed identities.
15LG(3) Audit of records
The auditor must not be a person with assumed identities.
(3) The person appointed to conduct the audit:
15LH Delegation of chief officer’s functions
Functions of a chief officer under this Part may not be delegated to any other person.
15LH(1) Delegation of chief officer’s functions
the functions of a chief officer under this Part may not be delegated to any other person.
(1) Except as provided by this section (and despite any other Act or law to the contrary)
Delegation is excluded from the scope of this section
A chief officer may delegate certain functions to a senior officer.
15LH(2) Delegation of chief officer’s functions
Senior officer assumes delegated function during chief officer's term
Delegation occurs during chief officer's term
Senior officer assumes delegated function
Defines senior officer roles in various agencies.
15LH(3) Delegation of chief officer’s functions
Establishes a class hierarchy for senior officers.
15M Definitions
Classifies definitions as part of a class hierarchy
15MA Meaning of criminal proceeding
15MA(1) Meaning of criminal proceeding
Establishes class hierarchy for criminal proceeding
Defines what constitutes a criminal proceeding.
15MA(2) Meaning of criminal proceeding
15MB Meaning of civil proceeding
Defines civil proceeding for the purpose of this Part.
15MB(1) Meaning of civil proceeding
Requires a relation between identifiable temporal intervals.
(1) In this Part, civil proceeding means any proceeding in a court of the Commonwealth, a State or Territory, other than a criminal proceeding.
Applies to the meaning of terms used in legal contexts.
Applies to explicit class/type/subclass hierarchies.
Defines what constitutes a civil proceeding.
15MB(2) Meaning of civil proceeding
Includes various types of proceedings in the definition.
(2) To avoid doubt, each of the following is part of a civil proceeding:
A charge against a person for an offence is outstanding until it is finally dealt with in one of the following ways: withdrawal, dismissal by court, discharge by court, or acquittal/conviction by court.
15MC When a charge is outstanding or pending
Holds true for charges against individuals.
15MD Application of Part
This Part applies to a proceeding in which an operative is, or may be, required to give evidence obtained as an operative.
15MD(1) Application of Part
No effect on laws protecting evidence-giving persons
15MD(2) Application of Part
Part does not affect laws protecting evidence-giving persons
Court control over proceedings is not limited by this Part.
15MD(3) Application of Part
Court control is implied if not limited.
(3) To avoid doubt, this Part does not...
15ME Witness identity protection certificate
Chief officer may give witness identity protection certificate.
15ME(1) Witness identity protection certificate
Chief officer must make reasonable enquiries to ascertain required information.
15ME(2) Witness identity protection certificate
Chief officer MUST make reasonable enquiries.
Chief officer must obtain statutory declaration from operative before issuing certificate.
15ME(3) Witness identity protection certificate
Chief officer must obtain statutory declaration
Cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.
15ME(4) Witness identity protection certificate
(4) A decision to give a witness identity protection certificate:
(b) cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.
A decision to give a witness identity protection certificate can be called into question in disciplinary proceedings.
15ME(5) Witness identity protection certificate
The certificate can be called into question during disciplinary proceedings
Permission to call the certificate into question
A witness identity protection certificate must be taken as properly issued and prima facie evidence.
15ME(6) Witness identity protection certificate
A witness identity protection certificate is not a legislative instrument.
15ME(7) Witness identity protection certificate
a statutory declaration of the following matters
Statutory declaration by operative regarding convictions and charges.
15MF Statutory declaration by operative
15MG Form of witness identity protection certificate
Witness identity protection certificate requirements
15MG(1) Form of witness identity protection certificate
(b) the period the operative was involved in the investigation to which the proceeding relates;
Must provide grounds for certificate issuance
(e) the grounds for giving the certificate;
Must provide information about convictions and charges
(f) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;
Prohibits revealing an operative's identity or where they live in a witness identity protection certificate.
15MG(2) Form of witness identity protection certificate
Witness must file identity protection certificate before giving evidence.
15MH Filing and notification
15MI Leave for non-compliance
15MI(1) Leave for non-compliance
Court cannot give leave for non-compliance unless it was not reasonably practicable to comply.
15MI(2) Leave for non-compliance
Leave application is outside the temporal interval.
Temporal interval for leave application overlaps with requirement to comply.
Leave application was made after requirement to comply was due.
Leave application requires a more nuanced evaluation.
Excerpt recognizes the need for a more nuanced approach to leave applications.
Court must not give leave unless it was not reasonably practicable to comply.
Court cannot give leave for non-compliance.
Requirement to comply was not reasonably practicable.
Responsibility for non-compliance is diffused among multiple parties.
Excerpt diffuses the responsibility for non-compliance.
Excerpt implies a recurring pattern of non-compliance.
15MJ Effect of witness identity protection certificate
Witness identity protection certificate applies to proceedings.
15MJ(1) Effect of witness identity protection certificate
Section applies under certain conditions.
Witness identity protection certificate filed in court.
No question may lead to disclosure of operative's identity or where they live.
15MJ(2) Effect of witness identity protection certificate
List of entities that must be included in a proceeding
15MJ(3) Effect of witness identity protection certificate
Entities must be included in a proceeding
15MK Orders to protect operative’s identity etc.
Court may make order to protect witness identity.
15MK(1) Orders to protect operative’s identity etc.
Court must make order suppressing publication of certain information.
15MK(4) Orders to protect operative’s identity etc.
Court may make an order for how a transcript is to be dealt with, including suppressing its publication.
15MK(5) Orders to protect operative’s identity etc.
Engaging in conduct after an order has been made under subsection (1), (4) or (5)
15MK(6) Orders to protect operative’s identity etc.
15ML Disclosure of operative’s identity to presiding officer
Witness must disclose operative's identity to presiding officer if certificate filed.
15ML(1) Disclosure of operative’s identity to presiding officer
The operative must disclose their true identity to the presiding officer.
15ML(2) Disclosure of operative’s identity to presiding officer
The operative must disclose their true identity.
Presiding officer must not record or retain information disclosed under subsection (2).
15ML(3) Disclosure of operative’s identity to presiding officer
15MM Disclosure of operative’s identity etc. despite certificate
Witness must disclose operative's identity despite certificate
15MM(1) Disclosure of operative’s identity etc. despite certificate
Request for leave to ask a question or request an order requiring disclosure of operative's identity.
15MM(2) Disclosure of operative’s identity etc. despite certificate
Request for permission to ask a question or request an order requiring disclosure.
The person involved in the proceeding must disclose their identity.
15MM(3) Disclosure of operative’s identity etc. despite certificate
Court may give leave or make order for witness to do something.
15MM(4) Disclosure of operative’s identity etc. despite certificate
Court must satisfy conditions before giving leave or making an order regarding operative's identity.
15MM(5) Disclosure of operative’s identity etc. despite certificate
Court must be satisfied about each of the following conditions.
Conditions apply until disclosure is made or operative's identity is revealed.
Application must be heard in absence of jury.
15MM(6) Disclosure of operative’s identity etc. despite certificate
Court must be closed under certain conditions.
15MM(7) Disclosure of operative’s identity etc. despite certificate
The court must be closed during certain periods.
(7) Unless the court considers that the interests of justice require otherwise...
If the court considers the interests of justice, it must be closed.
The operative's identity must be disclosed.
Recognition of operative's identity disclosure
Diffusion of information about court closure
15MN Application for leave—joinder as respondent
Application for leave—joinder as respondent
15MN(1) Application for leave—joinder as respondent
Allow person to join application as respondent under certain conditions.
15MN(2) Application for leave—joinder as respondent
The court must consider the timing of the person's application when determining whether to allow them to join.
Specify temporal conditions for joining application
(b) the person applies to be joined to the application as a respondent; and (c) the person has sufficient interest in the subject matter of the application.
The court may allow a person to join the application as a respondent.
(a) the person is: (i) the operative in relation to whom the witness identity protection certificate is given; or (ii) the chief officer of the agency who gave the witness identity protection certificate;
The court may only allow a person to join the application if they apply under these conditions.
Specify conditions for joining application
The court may only allow a person to join the application if they have a sufficient interest.
Specify conditions for joining application as respondent
(c) the person has sufficient interest in the subject matter of the application.
The court must consider the ongoing nature of the person's interest when determining whether to allow them to join.
Specify recurring conditions for joining application
Court must allow person or legal representative to appear and be heard if joined as respondent.
15MN(3) Application for leave—joinder as respondent
Court must allow person or legal representative to appear and be heard.
15MO Directions to jury
Witness must provide evidence if operative gives testimony and there is a jury in the proceeding.
15MO(1) Directions to jury
Temporal interval: operative gives evidence -> witness provides evidence
(a) a witness identity protection certificate for an operative in relation to a proceeding is filed in a court; and (b) there is a jury in the proceeding; and (c) the operative gives evidence.
The witness must provide evidence if the conditions are met.
Recurring trace: witness provides evidence -> operative gives evidence -> jury exists
Court must not draw adverse inferences against defendant or another party due to witness identity protection certificate or court order.
15MO(2) Directions to jury
Court's duty to direct jury not to draw adverse inferences overlaps with its duty under section 15MK or subsections 15MM(8), (9), or (10).
(b) the court has made an order under section 15MK or subsections 15MM(8), (9), or (10).
(2) The court must (unless it considers it inappropriate)
Court must not draw adverse inferences due to witness identity protection certificate.
(a) there is a witness identity protection certificate for the operative.
Original court must give or refuse leave for witness identity protection certificate.
15MP Appeals and adjournments
Original court must give or refuse leave
15MQ Witness identity protection certificate—cancellation
Cancellation of witness identity protection certificate
15MQ(1) Witness identity protection certificate—cancellation
15MQ(2) Witness identity protection certificate—cancellation
Chief officer must give notice to court and parties if certificate is cancelled.
15MQ(3) Witness identity protection certificate—cancellation
15MR Permission to give information disclosing operative’s identity
Permits giving information disclosing operative's identity
15MR(1) Permission to give information disclosing operative’s identity
Chief officer may permit person to give information disclosing operative's identity.
15MR(2) Permission to give information disclosing operative’s identity
Requirements for giving information disclosing operative's identity
15MR(3) Permission to give information disclosing operative’s identity
15MS Disclosure offences
Disclosing operative identity without authorization is prohibited.
15MS(1) Disclosure offences
Temporal relation between cancellation and disclosure
(b) the certificate has not been cancelled under section 15MQ;
(a) a witness identity protection certificate for an operative in relation to a proceeding has been given; and (b) the certificate has not been cancelled under section 15MQ;
Permission for disclosure under certain conditions
(i) the conduct is required by section 15ML; (ii) the conduct is authorised by leave or by an order under section 15MM; (iii) the conduct is permitted under section 15MR;
(d) the conduct results in the disclosure of the operative’s identity or where the operative lives;
Disclosing operative identity without proper protection is an offence.
15MS(2) Disclosure offences
Disclosing operative identity or location without authorization is an offence.
15MS(3) Disclosure offences
Chief officer may sign certificate stating witness identity protection for operatives
15MT Evidentiary certificates
15MU Reports about witness identity protection certificates
Chief officer must submit report about witness identity protection certificates to Minister.
15MU(1) Reports about witness identity protection certificates
Report requirements for witness identity protection certificates
15MU(2) Reports about witness identity protection certificates
Prohibition on disclosing witness identity protection certificate information
15MU(3) Reports about witness identity protection certificates
Prohibits disclosure of sensitive information
Report must be laid before each House of Parliament within 15 sitting days.
15MU(4) Reports about witness identity protection certificates
Recognition of witness identity protection certificates under corresponding laws
15MW Recognition of witness identity protection certificates under
15MX Delegation
No delegation of chief officer functions is allowed.
15MX(1) Delegation
15MX(2) Delegation
Delegation occurs during the Chief Officer's Term.
Senior Officer may perform delegated functions.
Permission granted by the chief officer.
Chief Officer has authority to delegate.
15MX(3) Delegation
Establishes a hierarchical relationship between terms.
Special rules for children involved in proceedings
15Y Proceedings to which this Part applies
There is an obligation to protect vulnerable persons
Obligation to protect vulnerable persons
This Part contains special rules for children involved in proceedings
Offences against children are classified as such
Classification of offences against children
The subsection applies to proceedings for any of the following offences:
15YA Definitions
Defines a vulnerable adult complainant in relation to a vulnerable adult proceeding. Court may declare a person special witness if unlikely to give evidence in ordinary manner due to disability, intimidation, distress or emotional trauma.
15YA(1) Definitions
Special witness declaration based on these factors
Temporal relation between factors and person's ability to give evidence
Person's age, cultural background or relationship to party, nature of evidence, or other factor
...is an adult who is, or is alleged to be, a victim of an offence...
(1) A vulnerable adult complainant, in relation to a vulnerable adult proceeding...
Defines a term with implications for obligations.
Defines a term with ethical consequences.
Court has discretion to declare a person special witness
Court obligation to declare special witness under these conditions
Court must declare special witness if certain conditions met
Court has discretion to declare special witness
Special witness declaration discretionary under these conditions
Court may decline to declare special witness if certain conditions not met
Adult can opt out of being treated as a vulnerable adult complainant.
15YA(2) Definitions
Adult is not a vulnerable adult complainant if they so choose.
Adult informs court of desire not to be treated as vulnerable adult complainant.
A vulnerable adult complainant need not be involved in the proceeding.
15YA(3) Definitions
(3) A vulnerable adult complainant need not be involved in the vulnerable adult proceeding or the initiation of that proceeding.
Evidence of sexual reputation is inadmissible in child proceedings.
15YB Evidence of sexual reputation—child proceedings
Prohibits evidence of sexual reputation.
15YC Evidence of sexual experience—child proceedings
Evidence of sexual experience is inadmissible in child proceedings unless the court gives leave. Evidence of sexual experience is inadmissible unless court gives leave.
15YC(1) Evidence of sexual experience—child proceedings
Prohibits evidence of sexual experience in child proceedings.
Court must not give leave unless certain conditions are met. Court must not give leave to admit evidence unless it meets certain conditions.
15YC(2) Evidence of sexual experience—child proceedings
Evidence is of sexual activity that occurred or was recent at the time of the commission of the alleged offence.
(c) either (i) the evidence is of sexual activity...
(2) The court must not give leave unless...
Court is prohibited from giving leave to admit evidence.
Court may give leave to admit evidence if it meets certain conditions.
Evidence relates to sexual activity that occurred or was recent at the time of the commission of the alleged offence.
(c) either (ii) if the evidence is of sexual activities...
Evidence of sexual experience is not to be treated as substantially relevant to facts in issue Do not treat evidence as substantially relevant to facts in issue merely because of inferences it may raise about the child witness' or child complainant's general disposition.
15YC(3) Evidence of sexual experience—child proceedings
Prohibition of using evidence for a specific purpose
Court must consider factors when deciding whether evidence has substantial probative value in child proceedings.
15YC(4) Evidence of sexual experience—child proceedings
Prohibition on using evidence of sexual experience in child proceedings
15YC(5) Evidence of sexual experience—child proceedings
Evidence of sexual experience is inadmissible during child proceedings.
Prohibition applies during child proceedings
The section does not apply if the child is a defendant in the proceeding.
Evidence of sexual experience is inadmissible in child proceedings.
Prohibits using evidence of sexual experience in child proceedings
15YD Leave under this Division
Application for leave under this Division must be in writing and determined by the court after considering submissions and evidence.
15YD(1) Leave under this Division
Application must be determined by the court
Court must state reasons in writing and record them.
15YD(2) Leave under this Division
15YE Disallowing inappropriate or aggressive cross-examination
Court must disallow inappropriate or aggressive cross-examination questions.
15YE(1) Disallowing inappropriate or aggressive cross-examination
(1) The court must disallow a question...
Court must consider personal characteristics when evaluating cross-examination
15YE(2) Disallowing inappropriate or aggressive cross-examination
Obligation to consider personal characteristics
Specifies persons subject to disallowing inappropriate or aggressive cross-examination
15YE(3) Disallowing inappropriate or aggressive cross-examination
Imposes a duty on the state to prevent inappropriate or aggressive cross-examination
15YF Unrepresented defendants—cross-examination of child
Defendant cannot cross-examine vulnerable adult complainant without counsel. Defendant cannot cross-examine child complainant without counsel.
15YF(1) Unrepresented defendants—cross-examination of child
Prohibits cross-examination of vulnerable adult complainant without counsel.
Court-appointed person must ask vulnerable adult complainant questions requested by defendant. Court-appointed person must ask child questions requested by defendant.
15YF(2) Unrepresented defendants—cross-examination of child
Must ask vulnerable adult complainant questions requested by defendant.
Court-appointed person appointed by the court
15YG Unrepresented defendants—cross-examination of vulnerable
Defendant cannot cross-examine vulnerable person without court leave.
15YG(1) Unrepresented defendants—cross-examination of vulnerable
Prohibits cross-examination of vulnerable person
Child witnesses in certain proceedings must be cross-examined.
15YG(1A) Unrepresented defendants—cross-examination of vulnerable
Must provide cross-examination for child witnesses
Court must ensure vulnerable person's ability to testify under cross-examination is not adversely affected.
15YG(2) Unrepresented defendants—cross-examination of vulnerable
Court must consider trauma caused by defendant's cross-examination
15YG(3) Unrepresented defendants—cross-examination of vulnerable
Application for leave under section 15YG(4) may be made by or on behalf of the defendant or vulnerable person.
15YG(4) Unrepresented defendants—cross-examination of vulnerable
15YH Represented defendants—cross-examination of vulnerable
Prohibition on cross-examining vulnerable persons Defendant cannot cross-examine vulnerable person without counsel.
15YH(1) Represented defendants—cross-examination of vulnerable
Cannot cross-examine vulnerable person without counsel.
Prohibits cross-examination of vulnerable person without counsel.
Restricts defendant's right to cross-examine vulnerable person.
Prohibits cross-examination of vulnerable person at committal proceedings or similar kind.
Restricts defendant's ability to cross-examine vulnerable person through LTL.
Vulnerable persons must be cross-examined in committal proceedings. Vulnerable persons must be protected during cross-examination.
15YH(2) Represented defendants—cross-examination of vulnerable
Temporal interval for protection of vulnerable persons.
Must provide cross-examination for vulnerable persons.
(2) This subsection applies to the following persons:
Must provide protection for vulnerable persons.
15YI Closed-circuit television
Vulnerable person must give evidence by closed-circuit television unless certain conditions are met.
15YI(1) Closed-circuit television
Must provide evidence by closed-circuit television.
Classification of vulnerable person as a 'vulnerable person'
List of persons subject to the subsection's application
15YI(1A) Closed-circuit television
Court cannot make order unless vulnerable person's evidence is not in the interests of justice via closed-circuit television.
15YI(2) Closed-circuit television
Preserves competence of persons to give evidence
15YI(3) Closed-circuit television
Preserves the competence of a person to give evidence
15YJ Giving evidence by closed-circuit television
Court may order presence of court officer or another person with vulnerable witness.
15YJ(1) Giving evidence by closed-circuit television
Court may order presence of court officer or another person.
Location is taken to be part of the courtroom.
No limitation on accompanying adults for orders under section 15YO
15YJ(2) Giving evidence by closed-circuit television
Court may adjourn proceeding to a place equipped for closed-circuit television under certain conditions.
15YJ(3) Giving evidence by closed-circuit television
Facilities required for closed-circuit television
15YK Viewing evidence given by closed-circuit television
Facilities used for closed-circuit television must be operated to allow interested parties to see vulnerable persons and any accompanying person.
15YK(1) Viewing evidence given by closed-circuit television
Facilities must be operated in a certain way.
Classification of facilities based on their operation.
Allow vulnerable persons and their representatives to view evidence on television monitors.
15YK(2) Viewing evidence given by closed-circuit television
15YL Alternative arrangements for giving evidence
Court must order recording of evidence given by vulnerable persons under certain conditions. Court must make arrangements to restrict contact with defendant and public while giving evidence.
15YL(1) Alternative arrangements for giving evidence
Restrict contact with defendant and public
Alternative arrangements for giving evidence may include planning seating arrangements. Specifies persons subject to this subsection
15YL(2) Alternative arrangements for giving evidence
Exemptions from giving evidence for certain persons Recording may be a video or audio recording.
15YL(3) Alternative arrangements for giving evidence
Defines temporal intervals for exemptions
(c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section;
Describes the temporal relationship between recording and evidence.
Exempts child witnesses, vulnerable adult complainants, and special witnesses from giving evidence
(3) This subsection applies to the following persons:
unless that person is at least 16 and chooses not to give evidence under the arrangements.
Subsection (1) applies regardless of evidence transmission method
15YL(4) Alternative arrangements for giving evidence
15YM Use of video or audio recordings of interviews
A constable or a person of a kind specified in the regulations must conduct an interview for a video or audio recording to be admitted as evidence.
15YM(1) Use of video or audio recordings of interviews
List of persons subject to the provision
15YM(1A) Use of video or audio recordings of interviews
Prohibition on admitting audio recordings only under extraordinary circumstances.
15YM(2) Use of video or audio recordings of interviews
Prohibits admission of audio recordings only under extraordinary circumstances.
Must be available for cross-examination and re-examination if a video or audio recording of an interview is admitted as evidence in chief.
15YM(4) Use of video or audio recordings of interviews
Must be available for cross-examination and re-examination.
Making, possessing, or supplying recordings of interviews without lawful authority is prohibited.
15YM(5) Use of video or audio recordings of interviews
The fault element for paragraph (5)(a) is intention.
15YM(6) Use of video or audio recordings of interviews
15YN Admissibility of evidence given using video or audio
The admissibility of video or audio evidence is not affected by previous representations.
15YN(1) Admissibility of evidence given using video or audio
The admissibility is not affected by previous representations.
Evidence given by video or audio recording under section 15YM is not admissible if the court is satisfied that certain conditions are met.
15YN(2) Admissibility of evidence given using video or audio
...during this time, the recording is not admissible.
Defines the temporal interval during which the conditions must be met.
...recognizes this condition, the recording is not admissible.
Defines how the conditions are recognized by the AI system.
Prohibits admissibility of evidence under certain conditions.
...diffuses to this time, the recording is not admissible.
Defines how the conditions affect the admissibility of evidence.
...until this time, the recording is not admissible.
Defines the temporal relationship between the conditions and the admissibility of evidence.
Court may refuse to admit part of recording as evidence
15YN(3) Admissibility of evidence given using video or audio
15YO Adults accompanying vulnerable persons
Adults accompanying vulnerable persons may choose an adult to accompany them while giving evidence.
15YO(1) Adults accompanying vulnerable persons
This subsection applies to specific persons
15YO(1A) Adults accompanying vulnerable persons
Court determines it is not appropriate for the adult to accompany the person.
15YO(2) Adults accompanying vulnerable persons
Court may permit more than one adult to accompany a person in the interests of justice.
15YO(3) Adults accompanying vulnerable persons
Adults accompanying vulnerable persons must not prompt or disrupt questioning.
15YO(4) Adults accompanying vulnerable persons
Adults accompany vulnerable persons during questioning.
(4) An adult accompanying the person under this section must not:
Prohibition of influencing vulnerable persons' answers.
Adults accompanying vulnerable persons must be able to be heard by the judge and jury members.
15YO(5) Adults accompanying vulnerable persons
Temporal interval for adults accompanying vulnerable persons
The text specifies a temporal interval for adults accompanying vulnerable persons to be able to be heard by the judge and jury members.
Cognitive AI application for adults accompanying vulnerable persons
The text applies cognitive AI logic to analyze the obligation of adults accompanying vulnerable persons to be able to be heard by the judge and jury members.
Diffusion of obligation to adults accompanying vulnerable persons
The text applies diffusion logic to spread the obligation to be heard by the judge and jury members to all adults accompanying vulnerable persons.
Temporal logic for adults accompanying vulnerable persons
The text applies temporal logic to specify a temporal interval for adults accompanying vulnerable persons to be able to be heard by the judge and jury members.
15YP Excluding people from the courtroom
Prohibits excluding people from the courtroom
Judge must not warn jury about vulnerable persons
15YQ Warnings etc. not to be given about vulnerable persons
Publishing matter without court leave can lead to identification of vulnerable persons.
15YR Publication identifying another person as a child witness,
Prohibition on publishing matter without court leave.
15YS General powers of a court
Court's power to control proceeding is not affected by this Part.
15YS(1) General powers of a court
Court's power to control questioning of witnesses is not affected.
15YS(2) General powers of a court
Court has power to give leave subject to conditions.
15YS(3) General powers of a court
Court can give leave subject to conditions.
No effect on Division 279 of Criminal Code regarding video link evidence in offences against humanity.
15YT Other video link evidence provisions are unaffected
15YU Proceedings to which this Part applies
Proceedings for specified offences apply to this Part.
15YU(1) Proceedings to which this Part applies
This Part applies to the specified offences.
Proceedings under this Part also apply to proceedings under the Proceeds of Crime Act 2002. Extended meaning of prosecutor and defendant
15YU(2) Proceedings to which this Part applies
The extended meaning applies to proceedings instituted before or after the commencement of this Part.
Extends the definition of prosecutor and defendant
(2) were instituted before or after the commencement of this Part.
Proceedings covered by subsection (1) are not relevant to the determination of materiality.
15YU(3) Proceedings to which this Part applies
Materiality is determined regardless of proceedings covered by subsection (1)
(3) It is immaterial whether proceedings covered by subsection (1) or
Transfers responsibility between authorities under the Proceeds of Crime Act 2002.
15YU(4) Proceedings to which this Part applies
Responsibility can be transferred between these authorities (see section 315B of that Act).
(a) the responsible authority for the proceeding under that Act were the prosecutor;
Assigns responsibility to the prosecutor
(b) each other party to the proceeding were a defendant in the proceeding.
Definition of PMV-related questioning warrant
15YU(5) Proceedings to which this Part applies
PMV-related questioning warrant is a type of questioning warrant
PMV-related questioning warrant is defined in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979.
15YV When court may take evidence by video link
Court must direct or allow witness to give evidence by video link under certain conditions.
15YV(1) When court may take evidence by video link
Court must direct or allow witness to give evidence by video link.
Court must direct or allow witness to give evidence by video link under specified conditions.
15YV(2) When court may take evidence by video link
Court obligation to direct or allow witness
15YW Observers
Witness must be physically present at the place of evidence giving.
15YW(1) Observers
Prohibits witness from giving evidence remotely.
Witness must be physically present at the place where evidence is given when giving evidence by video link.
15YW(2) Observers
...the witness can give evidence under the direction or order only if...
Temporal interval for physical presence at the place where evidence is given.
(2) If a section 15YV direction or order is in force...
Must provide physical presence at the place where evidence is given when giving evidence by video link.
Court may vary direction or order to substitute another specified person.
15YW(3) Observers
...the court may vary the direction or order...
Direction or order is in force under section 15YV.
(a) a direction or order is in force under section 15YV;
...so as to substitute another specified person.
Court justifies varying direction or order.
Court infers permission to vary direction or order.
Court has permission to vary direction or order.
Direction or order is propagated under section 15YV.
List of persons who may be specified for the purposes of this section
15YW(4) Observers
Court must ensure observer is independent of prosecutor and defendants.
15YW(5) Observers
...the court is satisfied that the person is independent of the prosecutor and defendants.
Court must ensure observer is independent.
(5) The court must not specify a person for the purposes of this section unless...
...the court is satisfied that the person is independent of the prosecutor and defendants, and in a position to give a report to the court about what the person observes in relation to the giving of evidence by the witness.
Observer must be reasonably available to observe evidence giving.
...the court is satisfied that the person is independent of the prosecutor and defendants, in a position to give a report to the court about what the person observes in relation to the giving of evidence by the witness, and reasonably available to observe the giving of evidence by the witness.
Observer must be an appropriate person for the purposes of this section.
A person's status as an Australian diplomatic officer or consular officer does not imply independence from the prosecutor.
15YW(6) Observers
The excerpt defines a temporal interval (being an Australian diplomatic officer or consular officer) that overlaps with another interval (independence from the prosecutor).
(6) For the purposes of this section, the mere fact that a person is an Australian diplomatic officer or Australian consular officer does not mean that the person is not independent of the prosecutor.
The excerpt defines a concept (independence from the prosecutor) recognized by an artificial agent (the law).
The person's independence is not guaranteed by their status.
Independence is not guaranteed by being an Australian diplomatic officer or consular officer.
The excerpt defines a concept (independence from the prosecutor) that diffuses through another concept (being an Australian diplomatic officer or consular officer).
The excerpt defines a temporal relationship (independence from the prosecutor) that holds until another event (being an Australian diplomatic officer or consular officer).
Court may direct or allow specified person to provide report about video link evidence.
15YW(7) Observers
Report is provided within a specific time frame.
Court's decision to admit evidence is based on report.
...for the purpose of deciding whether...
Court may direct or allow specified person to provide report.
Definition of Australian consular officer and diplomatic officer.
15YW(8) Observers
15YX Adjournment after a section 15YV direction or order etc.
A defendant may apply for an adjournment to decide whether to appeal against a court direction or order.
15YX(1) Adjournment after a section 15YV direction or order etc.
A defendant may apply for an adjournment.
Prosecutor must apply for adjournment if court gives direction or order and defendant applies.
15YX(2) Adjournment after a section 15YV direction or order etc.
Prosecutor may apply for adjournment to decide on appeal or withdrawal.
15YX(3) Adjournment after a section 15YV direction or order etc.
Grant of adjournment for appeal decision
15YX(4) Adjournment after a section 15YV direction or order etc.
Court must grant adjournment upon application.
15YX(5) Adjournment after a section 15YV direction or order etc.
15YY Technical requirements for video link
Witness must give evidence under video link with specified facilities.
15YY(1) Technical requirements for video link
Video facilities must be available during evidence giving.
(c) enable appropriate persons at the courtroom point to see and hear the witness give the evidence; (d) enable appropriate persons at the witness point to see and hear appropriate persons at the courtroom point.
(1) A witness can give evidence under a section 15YV direction or order only if...
Courtroom and witness points must have video facilities.
(a) the courtroom or other place where the court is sitting (the courtroom point); (b) the place where the evidence is given (the witness point); (c) enable appropriate persons at the courtroom point to see and hear the witness give the evidence; (d) enable appropriate persons at the witness point to see and hear appropriate persons at the courtroom point.
Witness must be able to see and hear at both points.
Court considers appropriate persons for a specific purpose.
15YY(2) Technical requirements for video link
15YZ Direction to jury
Defendant may appeal against section 15YV direction or order. Ensure equal weight to witness evidence in jury proceedings. A person must give evidence at the courtroom or other place where the court is sitting.
15YZ(1) Direction to jury
the judge must give the jury such direction as the judge thinks necessary to ensure that the jury gives the same weight to the evidence...
Temporal interval of witness evidence in jury proceedings
(a) a proceeding involves a jury; (b) a witness gives evidence under a section 15YV direction or order; (c) the evidence is admissible in the proceeding;
The temporal interval of the direction to jury contains the courtroom and other place where the court is sitting.
(1) A person who gives evidence under a section 15YV direction or order is taken to give it at the courtroom or other place where the court is sitting.
Argumentation scheme of witness evidence in jury proceedings
The CogAI application contains the courtroom and other place where the court is sitting.
A person must give evidence at the courtroom or other place where the court is sitting.
The diffusion of the direction to jury contains the courtroom and other place where the court is sitting.
Diffusion of witness evidence in jury proceedings
Recurring trace of witness evidence in jury proceedings
The temporal trace of the direction to jury contains the courtroom and other place where the court is sitting.
Ignore judge directions and weight given to video link evidence in proceedings not covered by this Part. Prosecutor may appeal against a section 15YV direction or order. Subsection (1) has effect for the purposes of laws relating to evidence, procedure, contempt of court and perjury.
15YZ(2) Direction to jury
Obligation to disregard judge directions and weight given to video link evidence.
...Court refuses to give a direction or make an order
Prohibits the prosecutor from appealing against a section 15YV direction or order.
(2) If: ...; the prosecutor may appeal...
The provision has a direct effect on other laws.
Prosecutor may appeal against refusal of section 15YV direction or order.
15YZ(3) Direction to jury
Right to appeal against refusal of section 15YV direction or order
15YZ(4) Direction to jury
the defendant may appeal against the refusal.
Defendant has a right to appeal against refusal of section 15YV direction or order
Court jurisdiction for appeals under this section
15YZ(5) Direction to jury
...hear and determine any appeal under this section.
Court has jurisdiction to hear and determine appeals
16 Interpretation
Applies to definitions and class hierarchies
16A Matters to which court to have regard when passing sentence
Court must impose a sentence of appropriate severity when passing sentence for a federal offence.
16A(1) Matters to which court to have regard when passing sentence
Court must impose a sentence of appropriate severity.
Court must consider certain matters when passing sentence.
16A(2) Matters to which court to have regard when passing sentence
16AA Matters to which court to have regard when passing sentence
Court must not consider customary law or cultural practice when passing sentence.
16AA(1) Matters to which court to have regard when passing sentence
Court must not consider customary law or cultural practice.
Court must have regard to certain laws when passing sentence
16AA(2) Matters to which court to have regard when passing sentence
16AA(3) Matters to which court to have regard when passing sentence
16AB Matters relating to victim impact statements
This section applies in relation to victim impact statements made known to a court.
16AB(1) Matters relating to victim impact statements
Only one victim impact statement may be made for each victim of an offence, unless the court gives leave.
16AB(2) Matters relating to victim impact statements
Prohibits making multiple victim impact statements for the same victim.
No implication from absence of victim impact statement for a victim.
16AB(3) Matters relating to victim impact statements
Victim impact statement may be read to court by or on behalf of the victim.
16AB(4) Matters relating to victim impact statements
Excluding certain types of victim impact statements from consideration by the court.
16AB(5) Matters relating to victim impact statements
Temporal overlap between conditions for excluding victim impact statements.
(5) A victim impact statement is not to be read to the court, or otherwise taken into account, to the extent that: (a) it expresses an opinion about an appropriate sentence; or (b) it is offensive, threatening, intimidating or harassing; or (c) admitting it into evidence would otherwise not be in the interests of justice.
Rebutting exclusion of victim impact statements with counterarguments.
Prevents reading or considering victim impact statements under certain conditions.
Spreading exclusion of victim impact statements to related contexts.
Recurring exclusion of victim impact statements under certain conditions.
The person convicted of the offence may only test the facts in a victim impact statement.
16AB(6) Matters relating to victim impact statements
(6) The person convicted of the offence may only test the facts in a victim impact statement:
(a) by way of cross-examining the maker of the statement;
Part IAD protections apply to readings and cross-examinations.
16AB(7) Matters relating to victim impact statements
Cooperation with law enforcement agencies is required for reduced sentence or order.
16AC Reduction for cooperation with law enforcement agencies
Requires cooperation with law enforcement agencies.
Court must consider previous sentences when sentencing a person convicted of a federal offence.
16B Court to have regard to other periods of imprisonment required
...consider previous sentences when sentencing a person...
Obligation to consider previous sentences
Requires filing of document with list of other federal offences.
16BA Taking other offences into account
16C Fines
Court must consider financial circumstances before imposing a fine.
16C(1) Fines
Obligation to consider financial circumstances.
Court may impose fine regardless of offender's financial circumstances.
16C(2) Fines
Nothing prevents a court from imposing a fine.
The court has the authority to impose a fine.
16D No corporal punishment
No corporal punishment for federal offences
16D(1) No corporal punishment
The prohibition on corporal punishment is within the temporal interval of the federal offence
Temporal relation between prohibition and corporal punishment
(1) A court must not impose any form of corporal punishment for a federal offence.
The prohibition on corporal punishment is a key aspect of the federal offence
Analysis of prohibition on corporal punishment
If a court imposes corporal punishment, it is prohibited
Implication of prohibition on corporal punishment
The prohibition on corporal punishment is valid and enforceable
Validation of prohibition on corporal punishment
No corporal punishment for federal sentence holders.
16D(2) No corporal punishment
(2) A person serving a federal sentence must not be subjected to any form of corporal punishment.
Prohibition on corporal punishment for federal sentence holders.
Imposes prohibition on corporal punishment
Justifies prohibition on corporal punishment
Implies prohibition on corporal punishment
16E Commencement of sentences
Law of a State or Territory applies to federal offence sentencing
16E(1) Commencement of sentences
(1) Subject to subsections (2) and (3), the law of a State or Territory relating to the commencement of sentences...
The law implies application to persons sentenced in that State or Territory.
Law implies application to persons sentenced in that State or Territory
The law applies to AI systems sentencing persons in that State or Territory.
Law applies to AI systems sentencing persons in that State or Territory
The law of a State or Territory applies.
The law implies diffusion to persons sentenced in that State or Territory.
Law implies diffusion to persons sentenced in that State or Territory
Law applies to federal sentences imposed on a person in a State or Territory.
16E(2) Commencement of sentences
Federal sentence is subject to State law.
State law applies to persons within its territory.
Court must consider previous custody period when imposing federal sentence.
16E(3) Commencement of sentences
a court (including a federal court) in that State or Territory that imposes a federal sentence on a person or fixes a non-parole period in respect of such a sentence must take into account any period that the person has spent in custody in relation to the offence concerned.
Temporal interval relationship between previous custody and current sentence.
(3) Where the law of a State or Territory does not have the effect mentioned in subsection (2),
Artificial intelligence application for classification and diffusion.
Obligation to consider previous custody period.
Diffusion of obligation from State to court.
16F Court to explain sentence
Explanation of non-parole period purpose and consequences
Court must explain purpose and consequences of non-parole period to the person.
16F(1) Court to explain sentence
Explanation of purpose and consequences of recognizance release order
Court must explain sentence to person before release.
16F(2) Court to explain sentence
Court cannot pass sentence of imprisonment for certain federal offences or external Territory offences without considering other options.
17A Restriction on imposing sentences
Court cannot pass sentence of imprisonment
17B Restriction on imposing sentences for certain minor offences
Court must not pass sentence of imprisonment unless exceptional circumstances warrant it.
17B(1) Restriction on imposing sentences for certain minor offences
the offence occurred before the sentence was passed
(b) the person has not previously been sentenced to imprisonment for any federal, State or Territory offence;
the court convicting the person is not to pass a sentence of imprisonment for that offence, or for any of those offences, unless the court is satisfied that there are exceptional circumstances that warrant it.
(a) a person is convicted of one or more section 17B offences relating to property, money or both, whose total value is not more than $2,000;
the court may pass a sentence if exceptional circumstances warrant it
the court must satisfy itself that there are exceptional circumstances before passing the sentence
the sentence must be passed after the offence occurred
Court must consider section 17B offence in calculating total value for sentence purposes.
17B(2) Restriction on imposing sentences for certain minor offences
Restriction on imposing sentences for certain minor offences
17B(3) Restriction on imposing sentences for certain minor offences
18 Sentence of imprisonment
Imprisonment may be imposed with or without hard labour.
18(1) Sentence of imprisonment
Imposition of imprisonment is permitted.
18(2) Sentence of imprisonment
...in corresponding cases, be imprisoned in the kind or class of prison appropriate to the circumstances.
(2) Where under the law of a State or Territory...
a person convicted of an offence against the law of the Commonwealth may, in corresponding cases...
...be imprisoned in the kind or class of prison appropriate to the circumstances.
...in particular cases be imprisoned in a particular kind or class of prison...
Court must direct when federal sentence commences, ensuring it does not later than the end of other sentences.
19 Cumulative, partly cumulative or concurrent sentences
Court must direct when federal sentence commences.
Federal offender may be detained in any prison in a State or Territory.
19A Detention of person in State or Territory prisons
19AB When court must fix non-parole period
Court must fix non-parole period for federal sentences
19AB(1) When court must fix non-parole period
19AB(2) When court must fix non-parole period
Court must fix non-parole period under this section.
19AB(3) When court must fix non-parole period
19AC When court must fix a recognizance release order
Court must fix a recognizance release order under certain conditions.
19AC(1) When court must fix a recognizance release order
Sentence duration must be between 3 years.
(b) the court imposes on the person a federal sentence that does not exceed, or...
Court must fix a recognizance release order.
(1) Subject to subsections (3) and (4), where...
(c) at the time the sentence or sentences are imposed the person is not already serving...
19AC(2) When court must fix a recognizance release order
(2) Subject to subsections (3) and (4), where...
19AD Persons already subject to a non-parole period
Applicable to persons serving existing non-parole period when further sentence is imposed.
19AD(1) Persons already subject to a non-parole period
The existing and imposed sentences overlap in time.
Defines temporal relationship between existing and imposed sentences.
(b) while the offender is serving the existing non-parole period, a court imposes a further federal sentence on the person;
Imposes duty on the state to consider existing non-parole period when imposing further sentence.
(a) a non-parole period (in this section called the existing non-parole period) has been fixed in respect of a federal sentence or federal sentences;
The court may impose a further sentence.
Allows state to impose further sentence without violating existing non-parole period.
The person is part of a recurring trace of persons subject to non-parole periods.
Defines recurring trace of persons subject to non-parole period.
Court must consider circumstances and decide on a non-parole period.
19AD(2) Persons already subject to a non-parole period
Supersedes existing non-parole period if new sentence is imposed
19AD(3) Persons already subject to a non-parole period
it: (a) is to be treated as having superseded the existing non-parole period;
Describes a temporal relationship between two intervals
(3) Where, under paragraph (2)(e), the court fixes a new single non-parole period...
(a) is to be treated as having superseded the existing non-parole period;
Describes a logical relationship between two statements
(b) must not be such as to allow the person to be released on parole earlier then would have been the case if the further sentence had not been imposed.
Must not allow parole earlier than would have been the case if further sentence had not been imposed
Describes a process of spreading or disseminating information
Court must not make a recognizance release order.
19AD(4) Persons already subject to a non-parole period
The prohibition applies to all temporal intervals where this section applies.
Application of the prohibition to specific temporal intervals.
(4) Where this section applies, the court must not make a recognizance release order.
The provision has implications for artificial agents.
Analysis of the provision's implications on artificial agents.
The court must not make a recognizance release order.
Prohibition of making a recognizance release order.
Court's obligation to refrain from making a recognizance release order.
The court's action is implied to be prohibited.
Implication of the prohibition on the court's actions.
19AE Persons already subject to recognizance release order
A person subject to a recognizance release order must comply with the existing order if a further federal sentence is imposed.
19AE(1) Persons already subject to recognizance release order
Obligation to comply with the existing recognizance release order.
The court may impose a further federal sentence.
Permission to impose further federal sentences on persons subject to recognizance release orders.
(b) before the person is released under that order, the court imposes a further federal sentence on the person;
Permission to release persons subject to recognizance release orders.
The person must comply with the existing recognizance release order if a further federal sentence is imposed.
Implication of further federal sentences on persons subject to recognizance release orders.
Court must consider circumstances and decide one of the following things: confirm existing recognizance release order, make new recognizance release order, fix non-parole period, or neither.
19AE(2) Persons already subject to recognizance release order
Court must consider circumstances and decide one of the following things.
19AF Non-parole period or pre-release periods not to exceed
Court must fix non-parole period or make recognizance release order not later than the end of the sentence.
19AF(1) Non-parole period or pre-release periods not to exceed
Court must fix non-parole period or make recognizance release order.
Restricts non-parole period or pre-release periods for life sentences
19AF(2) Non-parole period or pre-release periods not to exceed
...the length of the non-parole period or...the pre-release period in respect of a life sentence or sentences that include such a sentence.
Defines temporal relationship between non-parole period and life sentence
Defines inference rule for restriction on non-parole period or pre-release periods
...in respect of a life sentence or sentences that include such a sentence.
Limits non-parole period or pre-release periods
Defines propagation of restriction to related periods
19AG Non-parole periods for sentences for certain offences
Sentence for minimum non-parole offence is a federal sentence.
19AG(1) Non-parole periods for sentences for certain offences
The sentence for the terrorism offence and the sentence for the offence against Division 80 occur during the same period.
(b) a terrorism offence; (c) an offence against Division 80 (other than Subdivision CA) of the Criminal Code;
A sentence for a minimum non-parole offence is a federal sentence.
(1) This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence) and a court imposes a sentence for the offence:
A sentence for the offence is a federal sentence.
(a) This section applies if a person is convicted of one of the following offences (each of which is a minimum non-parole offence) and a court imposes a sentence for the offence:
Court must fix a single non-parole period of at least 3/4 of the sentence for minimum non-parole offence or aggregate of those sentences.
19AG(2) Non-parole periods for sentences for certain offences
Sentence of imprisonment for life for a minimum non-parole offence is taken to be a sentence of imprisonment for 30 years for the offence.
19AG(3) Non-parole periods for sentences for certain offences
whether or not all the federal sentences mentioned in that subsection are for minimum non-parole offences.
Describes a temporal relationship between two events
(a) a sentence of imprisonment for life for a minimum non-parole offence is taken to be a sentence of imprisonment for 30 years for the offence;
it does not matter whether or not the convictions giving rise to those sentences were at the same sitting;
Supersedes recognizance release order if non-parole period applies
19AG(4) Non-parole periods for sentences for certain offences
19AH Failure to fix non-parole period or make recognizance release
Court cannot fix non-parole periods or make recognizance release orders for federal sentences of imprisonment.
19AJ Court may only fix non-parole periods or make recognizance
Court cannot fix non-parole periods or make recognizance release orders.
Court may fix non-parole period despite deportation risk
19AK Possible deportation no impediment to fixing non-parole
19AL Release on parole—making of parole order
The Attorney-General must make or refuse to make a parole order before the end of a non-parole period.
19AL(1) Release on parole—making of parole order
The Attorney-General must make or refuse to make a parole order.
Release on parole—making of parole order
19AL(1A) Release on parole—making of parole order
The non-parole period must be completed before a parole order can be made.
Non-parole period must be completed before parole order can be made
(1A) If the Attorney-General does not, under subsection (1), make, or refuse to make, a parole order for a person before the end of the non-parole period...
The Attorney-General MUST make, or refuse to make, a parole order for the person.
(1A) If the Attorney-General does not, under subsection (1), make, or refuse to make, a parole order for a person...
The Attorney-General MUST make, or refuse to make, a parole order for the person after the end of the non-parole period.
Must make a parole order after non-parole period
The Attorney-General MUST refuse to make a parole order for the person if required by subsection (1).
Must refuse to make a parole order if not required by subsection (1)
written notice with reasons and effect of refusal
The Attorney-General must reconsider the making of a parole order for a person within 12 months after refusal.
19AL(2) Release on parole—making of parole order
The Attorney-General must reconsider the making of a parole order.
The parole order is subject to reconsideration within 12 months.
Reconsideration of parole order within a specified timeframe.
19AL(2A) Release on parole—making of parole order
The Attorney-General must reconsider and either make or refuse to make a parole order for the person.
(a) A parole order must be in writing; (b) specify whether or not the person is to be released subject to supervision; (c) if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person’s parole period—specify the day on which the supervision period ends.
Parole order must be in writing and specify supervision conditions.
19AL(3) Release on parole—making of parole order
Temporal interval for supervision period.
(3) A parole order must: (c) if it is proposed that the supervision period for a person released on parole subject to supervision should end before the end of the person’s parole period—specify the day on which the supervision period ends.
(3) A parole order must: (a) be in writing;
(3) A parole order must: (b) specify whether or not the person is to be released subject to supervision;
Specify end date for supervision period.
Comply with conditions during parole period.
A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AMA, 19AN and 19AU).
Specify parole order release date within 30 days before non-parole period end
19AL(3A) Release on parole—making of parole order
19AM Release on parole—when is a person released
Defines parole period for a person for whom a parole order has been made. A person must be released from prison on parole in accordance with a parole order.
19AM(1) Release on parole—when is a person released
the last day of the non-parole period or an earlier day specified in the parole order
Release on parole after non-parole period
for a parole order made before the end of the non-parole period;
on parole in accordance with a parole order
the person must certify his or her acceptance of the parole order conditions
Duty to certify acceptance of parole order conditions
the person must comply with the parole order conditions
Duty to comply with parole order conditions
the day after the parole order is made or a later day specified in the parole order
Release on parole after parole order made
for a parole order made after the end of the non-parole period;
A person must be released from prison on parole if imprisoned for a State or Territory offence on the day they would otherwise be eligible for release.
19AM(2) Release on parole—when is a person released
...the person must be released from prison on parole in accordance with the parole order...
Release on parole occurs after imprisonment for State or Territory offence
(2) However, if the person is imprisoned for a State or Territory offence on the day he or she would otherwise be eligible for release...
Must provide parole release on same day as eligibility
Release on parole is a necessary condition for parole release
Certification of acceptance of conditions
Release on parole is prohibited unless a person certifies acceptance of conditions.
19AM(3) Release on parole—when is a person released
Must behave and obey directions during parole period.
19AN Parole order is subject to conditions
19AP Release on licence
The Attorney-General may grant a licence for a person to be released from prison.
19AP(1) Release on licence
The Attorney-General may grant a licence.
A person may apply to the Attorney-General for a licence under this subsection.
19AP(2) Release on licence
Application must be in writing and specify exceptional circumstances.
19AP(3) Release on licence
Attorney-General must be satisfied of exceptional circumstances before granting a licence.
19AP(4) Release on licence
Attorney-General must be satisfied of exceptional circumstances.
Attorney-General may have regard to extensive cooperation by the person with law enforcement agencies before or after sentencing.
19AP(4A) Release on licence
19AQ Parole order or licence revoked following further offence
Revocation of parole order following further offence
19AQ(1) Parole order or licence revoked following further offence
...the court that sentences the person for the new offence must determine...
(1) If a person to whom a parole order relates is sentenced...
Diffuses revocation time across parole period
Revocation of parole licence upon new offence conviction
19AQ(2) Parole order or licence revoked following further offence
(2) If a person to whom a licence relates is sentenced to life imprisonment...
Prohibits revocation of licence upon new offence conviction
(2) If a person to whom a licence relates is sentenced...
Revocation time for parole order or licence must be determined by court
19AQ(3) Parole order or licence revoked following further offence
(b) the time at which the court determines the new offence was most likely to have been committed;
Defines temporal intervals for revocation times
(a) the time at which the court determines the new offence was committed;
(c) the time at which the court determines the new offence was most likely to have first begun to have been committed.
Person becomes liable to serve if parole order or licence is revoked
19AQ(4) Parole order or licence revoked following further offence
The parole order or licence revocation and the person becoming liable to serve occur at the same time
(4) If the parole order or licence relating to a person is taken to have been revoked under subsection (1) or (2),
If the parole order or licence is revoked, then the person becomes liable to serve
The person's parole order or licence revocation and the person becoming liable to serve are related by diffusion
The person's parole order or licence is both revoked and the person becomes liable to serve
The person's parole order or licence revocation and the person becoming liable to serve are logically equivalent
19AR Fixing of non-parole period etc. where parole or licence taken
Court must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.
19AR(1) Fixing of non-parole period etc. where parole or licence taken
Court must fix a single new non-parole period.
Court must not make a recognizance release order when imposing new sentence.
19AR(3) Fixing of non-parole period etc. where parole or licence taken
A court may decline to fix a non-parole period if certain conditions are met.
19AR(4) Fixing of non-parole period etc. where parole or licence taken
Permission to decline fixing a non-parole period
19AS Court to issue warrant of detention where person required to
Court must issue warrant of detention for parole or licence revocation
19AS(1) Court to issue warrant of detention where person required to
Director of Public Prosecutions may apply for warrant if court fails to issue one.
19AS(2) Court to issue warrant of detention where person required to
The court's decision on the warrant occurs after this
The application for warrant must occur before the court's decision on the warrant
The Director of Public Prosecutions applies for a warrant
With this classification, we can reason about their obligations
Classifying the Director of Public Prosecutions as a legal person with an obligation to apply for a warrant
The Director of Public Prosecutions is a legal person
Director of Public Prosecutions may apply
Then the Director of Public Prosecutions may apply for a warrant
If the court fails to issue a warrant, then the Director of Public Prosecutions may apply
19AT What happens when later conviction is quashed?
Prohibits revoking parole order or licence
19AU Attorney-General may revoke parole order or licence
Attorney-General may revoke parole order or licence under certain conditions.
19AU(1) Attorney-General may revoke parole order or licence
Overlaps with parole period or licence period.
Revocation may occur before the end of the parole period or licence period.
Revocation must specify the condition that was breached or is suspected of having been breached.
Prohibits revocation without specified conditions.
Attorney-General may revoke parole order or licence.
Obliges Attorney-General to revoke parole order or licence under specified conditions.
The Attorney-General may, by instrument in writing, revoke a parole order or licence at any time before the end of the parole period or licence period:
The Attorney-General must notify the person to whom the order or licence relates of certain conditions before revoking it.
19AU(2) Attorney-General may revoke parole order or licence
The Attorney-General must provide notice before revoking a parole order or licence.
Attorney-General may revoke parole order or licence under certain circumstances.
19AU(3) Attorney-General may revoke parole order or licence
Attorney-General has the power to revoke parole order or licence.
19AV Arrest of person whose parole order or licence revoked by
Constable may arrest person whose parole order or licence revoked by Attorney-General.
19AV(1) Arrest of person whose parole order or licence revoked by
The Attorney-General or Director of Public Prosecutions may apply for a warrant to arrest a person whose parole order or licence has been revoked.
19AV(2) Arrest of person whose parole order or licence revoked by
Must be brought before a prescribed authority after arrest.
19AV(3) Arrest of person whose parole order or licence revoked by
Obligation to be brought before a prescribed authority.
19AW Where person on parole or licence notified of revocation
Revocation of parole or licence requires notification and warrant.
19AW(1) Where person on parole or licence notified of revocation
Temporal interval for non-parole period.
(f) subject to subsections (3) and (3A), fixing a non-parole period in respect of the outstanding sentence or sentences.
Prohibition on revoking parole or licence without notification.
(a) that the person is the person named in that revocation order;
Prohibition on taking a person to prison without warrant.
(d) authorising any constable to take the person to a specified prison;
Prohibition on detaining a person in prison without fixing a non-parole period.
(e) directing that the person be detained in prison;
Prohibition on releasing a person from parole or licence without fixing a non-parole period.
(f) subject to subsections (3) and (3A), fixing a non-parole period;
Authority must issue warrant for remand pending hearing completion.
19AW(2) Where person on parole or licence notified of revocation
The warrant must be issued within a certain timeframe.
(2) If the prescribed authority cannot complete the hearing under subsection (1) immediately...
The prescribed authority must issue a warrant for the remand of the person in custody pending completion of the hearing.
The prescribed authority has the power to issue a warrant.
The person in custody must be remanded within a certain timeframe.
Authority not required to fix non-parole period under certain conditions.
19AW(3) Where person on parole or licence notified of revocation
Authority exempt from fixing non-parole period due to serious breach.
Authority must consider parole period before revoking parole order or licence.
19AW(3A) Where person on parole or licence notified of revocation
...the prescribed authority MUST have regard to the period of time spent by the person on parole or licence...
(3A) Before fixing a non-parole period under paragraph (1)(f)...
(3A) Before fixing a non-parole period...
Particulars of unserved sentence parts and non-parole period (if applicable)
Authority must specify particulars of unserved sentence parts in warrant.
19AW(4) Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
Notify Attorney-General of person brought before prescribed authority
19AX(1) Where person on parole or licence not notified of revocation
Notify person of parole order or licence revocation and request written submission.
19AX(2) Where person on parole or licence not notified of revocation
Obligation to notify and request written submission.
Notify prescribed authority of decision not to rescind revocation order within 14 days.
19AX(3) Where person on parole or licence not notified of revocation
Decision not to rescind revocation order
The Attorney-General must decide on a written submission within 14 days of revocation notification.
19AX(4) Where person on parole or licence not notified of revocation
Must notify prescribed authority of revocation decision.
19AX(5) Where person on parole or licence not notified of revocation
Notify prescribed authority of revocation decision to authorize warrant issuance.
19AX(6) Where person on parole or licence not notified of revocation
Prescribed authority notified of revocation decision.
Right to appeal against warrant issuance, calculation of unserved sentence, or fixing of non-parole period.
19AY Appeals in respect of warrants issued under
19AZ Evidence before prescribed authority
Must appear before prescribed authority Authority may administer oath or affirmation for evidence purposes.
19AZ(1) Evidence before prescribed authority
Authority obligation to administer oath or affirmation.
Must produce document or article to prescribed authority. Authority may summon a person to give evidence and produce documents.
19AZ(2) Evidence before prescribed authority
A summons under this section shall be served in the same manner as a summons to a witness to appear before a court of summary jurisdiction in the State or Territory where the summons under this section is issued. Refusal to provide evidence under prescribed authority is penalized.
19AZ(3) Evidence before prescribed authority
Imposes a duty on the State to serve summons in a specific manner.
No obligation to provide evidence if reasonable excuse exists.
19AZ(4) Evidence before prescribed authority
Court may dismiss or discharge charges under certain conditions.
19B Discharge of offenders without proceeding to conviction
the court may, by order, dismiss the charge or charges in respect of which the court is so satisfied;
Discharge may occur during certain conditions
(i) the character, antecedents, age, health or mental condition of the person;
May discharge charges under certain conditions
(ii) the extent (if any) to which the offence is of a trivial nature; or (iii) the extent (if any) to which the offence was committed under extenuating circumstances;
(d) discharge the person, without proceeding to conviction in respect of any charge referred to in paragraph (c), upon his or her giving security, with or without sureties, by recognizance;
Discharge may occur until certain conditions are met
20 Conditional release of offenders after conviction
Conditional release of offenders after conviction
20(1) Conditional release of offenders after conviction
Prohibition on traveling interstate or overseas without permission
20(1A) Conditional release of offenders after conviction
(1A) Subject to subsection (1B), if the court specifies under paragraph (1)(a) or (b), as mentioned in subparagraph (1)(a)(iv), the condition that the person will, during the specified period:
Failure to comply with condition of discharge or release obligation
20A Failure to comply with condition of discharge or release
Magistrate may issue a summons directing the person to appear
Failure to comply with condition of discharge or release during specified time period
Failure to comply with condition of discharge or release if information is laid on oath
Obligation to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
Any person may apply to the court for discharge or variation of recognizance.
20AA(1) Power to discharge or vary conditions of recognizance
Anyone can apply for discharge or variation of recognizance.
Court may discharge recognizance under certain conditions.
20AA(2) Power to discharge or vary conditions of recognizance
20AA(3) Power to discharge or vary conditions of recognizance
Variation overlaps with original recognizance duration
(a) by extending or reducing the duration of the recognizance;
Court permits variation of recognizance terms
Notice given as required by subsections (5) or (6)
Court cannot extend recognizance duration beyond specified periods.
20AA(4) Power to discharge or vary conditions of recognizance
Authorized person must serve notice on surety or probation officer.
20AA(5) Power to discharge or vary conditions of recognizance
Must provide notice to surety or probation officer.
Notice must be served on the Director of Public Prosecutions or Director of Legal Services in a specific manner.
20AA(6) Power to discharge or vary conditions of recognizance
Notice must be served on the Director of Public Prosecutions or Director of Legal Services.
The person making the application shall cause notice...
Court may pass sentence or make order in respect of federal offence if certain conditions are met.
20AB Additional sentencing alternatives
Court has the power to pass sentence or make order.
20AC Failure to comply with sentence passed, or order made, under
Failure to comply with sentence or order under subsection 20AB(1) is prohibited.
20AC(1) Failure to comply with sentence passed, or order made, under
...the provisions of the laws of a State or Territory that apply...
Prohibition of failure to comply with sentence or order
(1) In this section, the applied provisions...
Failure to comply with sentence or order may result in summons or warrant.
20AC(2) Failure to comply with sentence passed, or order made, under
Failure to comply may result in summons or warrant.
Obligation to comply with sentence or order.
Sentence or order has been passed or made.
Magistrate may issue summons or warrant.
Permission for magistrate to issue summons or warrant.
Failure to comply with summons or bail condition
20AC(3) Failure to comply with sentence passed, or order made, under
...issue a warrant for the apprehension of the person.
Prohibits failure to comply with summons or bail condition
Implies that failure to comply with summons or bail condition leads to warrant issuance
Detention of person until release by court order or subsection (5) order
20AC(4) Failure to comply with sentence passed, or order made, under
Person must appear before court on specified date and time after being admitted to bail.
20AC(5) Failure to comply with sentence passed, or order made, under
Failure to comply with sentence or order may impose a pecuniary penalty.
20AC(6) Failure to comply with sentence passed, or order made, under
The person must comply with the sentence or order.
The court may impose a pecuniary penalty.
20B Consequences of preliminary finding that person unfit to be
Must refer proceedings to court if person's fitness is raised
20B(1) Consequences of preliminary finding that person unfit to be
The magistrate must refer the proceedings.
Court must remit proceedings to magistrate if person is deemed fit for trial.
20B(2) Consequences of preliminary finding that person unfit to be
The remittal of proceedings occurs between these two entities
Remittal occurs between the court and the magistrate
The court has jurisdiction over the case, but must remit proceedings to the magistrate
The court's obligation to remit proceedings follows from the fact that the person is deemed fit for trial and the need to respond accordingly
Remittal is a response to the person's fitness for trial
If the person is deemed fit for trial, then the court must remit proceedings as a response
Proceedings must be remitted to magistrate
The remittal of proceedings has implications for the actions of other courts and authorities
Remittal spreads to other courts and authorities
The court's obligation to remit proceedings implies that this action will be taken by other courts and authorities
The court's obligation to remit proceedings follows from the fact that the person is deemed fit for trial
If the person is deemed fit for trial, then the court must remit proceedings
Court must determine if prima facie case has been established for unfit person to be tried.
20B(3) Consequences of preliminary finding that person unfit to be
if prima facie case has been established
Magistrate may order detention in prison or hospital for a reasonable period.
20B(4) Consequences of preliminary finding that person unfit to be
Court may order detention for a person unfit to be tried.
20B(5) Consequences of preliminary finding that person unfit to be
Establishes prima facie case for trial based on evidence
20B(6) Consequences of preliminary finding that person unfit to be
Evidence provides sufficient grounds within the scope of subsection (3)
Evidence provides sufficient grounds for trial
Person may give evidence or make an unsworn statement in proceedings.
20B(7) Consequences of preliminary finding that person unfit to be
Person may give evidence or make an unsworn statement.
20BA Upon determining prima facie case, court to dismiss charge or
Court must dismiss charge and order release if prima facie case not established.
20BA(1) Upon determining prima facie case, court to dismiss charge or
...the court must, by order, dismiss the charge against the person and, if the person is in custody, order the release of the person from custody.
Temporal interval between prima facie case determination and dismissal.
(1) Where the court determines that there has not been established a prima facie case that the person committed the offence, the court must, by order, dismiss the charge against the person...
Court must dismiss charge and order release.
Court must dismiss charge or take further action if prima facie case is established.
20BA(2) Upon determining prima facie case, court to dismiss charge or
20BB Persons found by a court to be likely to be fit within 12
Court must determine if person is suffering from a mental illness and objects to being detained in a hospital.
20BB(1) Persons found by a court to be likely to be fit within 12
Court must order person to be taken and detained in a hospital or another place.
20BB(2) Persons found by a court to be likely to be fit within 12
Court must order person to be taken and detained.
Continue proceedings if person becomes fit to be tried within 12 months after finding unfit.
20BB(3) Persons found by a court to be likely to be fit within 12
...the proceedings on the indictment must be continued as soon as practicable; and
(3) Where a court determines, under subsection 20BA(4), that a person charged with a federal offence who was found unfit to be tried will become fit to be tried within 12 months after that finding...
Continue proceedings as soon as practicable.
...those proceedings must be continued as soon as practicable as if they had not been so referred.
Recurring trace of person becoming fit to be tried.
20BC Persons found by a court not to be likely to be fit within 12
Court must determine if person is suffering from mental illness and objects to hospital detention.
20BC(1) Persons found by a court not to be likely to be fit within 12
Court must order person to be detained in a hospital or prison for a specified period.
20BC(2) Persons found by a court not to be likely to be fit within 12
(2) Where a court has made a determination under subsection (1), the court must:
Court must order person to be detained in a hospital or prison.
(2) Where a court has made a determination under subsection (1), the court must: (a) if the court has determined that the person is suffering from a mental illness, or a mental condition, for which treatment is available in a hospital and that the person does not object to being detained in a hospital—order that the person be taken to and detained in a hospital, or continue to be detained in a hospital, as the case requires; or
Attorney-General may vary hospital or place of detention
20BC(3) Persons found by a court not to be likely to be fit within 12
Attorney-General has the power to vary hospital or place of detention
Notify Attorney-General of variation in detention place and reason for variation.
20BC(4) Persons found by a court not to be likely to be fit within 12
Temporal relationship between notification and variation
20BD Review by Attorney-General
The Attorney-General must review the detention of a person every 6 months.
20BD(1) Review by Attorney-General
Attorney-General must consider reports from psychiatrists and psychologists when deciding to release a person from detention.
20BD(2) Review by Attorney-General
The Attorney-General must obtain and consider reports from psychiatrists and psychologists.
Attorney-General has an obligation to consider reports from psychiatrists and psychologists.
The Attorney-General is responsible for making decisions about the release of federal offenders.
The Attorney-General must take into account any representations made to the Attorney-General by the person or on the person's behalf.
Attorney-General has an obligation to take into account representations made by the person or on their behalf.
The Attorney-General may obtain and consider such other reports as the Attorney-General considers necessary.
Attorney-General may obtain and consider additional reports as necessary.
The Attorney-General ought to obtain and consider a report from a duly qualified psychiatrist or psychologist.
Attorney-General ought to consider reports from psychiatrists and psychologists based on their expertise.
The Attorney-General must take into account any representations made to the Attorney-General by the person or on the person's behalf at some point in time.
Attorney-General must take into account representations made by the person or on their behalf within a certain timeframe.
20BE Attorney-General may order release
Attorney-General may order release of a person from detention.
20BE(1) Attorney-General may order release
The Attorney-General must not order a person's release from detention unless satisfied the person is not a threat or danger.
20BE(2) Attorney-General may order release
Release is ordered within a specified temporal interval after Attorney-General's satisfaction.
Temporal interval between Attorney-General's satisfaction and ordering of release.
Attorney-General must be satisfied before ordering release.
Attorney-General must not order release unless satisfied person is not a threat or danger.
Prohibition on ordering release without satisfaction of conditions.
Attorney-General must order release only if person is not a threat or danger.
Attorney-General must satisfy conditions before ordering release.
Obligation on Attorney-General to ensure conditions are met before ordering release.
Attorney-General has authority to order release.
Release is ordered until a specified temporal interval after Attorney-General's satisfaction.
Temporal relationship between Attorney-General's satisfaction and ordering of release.
Attorney-General must order release in writing with specified conditions and duration.
20BE(3) Attorney-General may order release
20BE(4) Attorney-General may order release
State obligation to specify conditions for release order
20BF Release order may be revoked
20BF(1) Release order may be revoked
Attorney-General must make enquiries before revoking a release order.
20BF(2) Release order may be revoked
Revocation of release order requires arrest without warrant or warrant application.
20BF(3) Release order may be revoked
Prohibits revocation of release order without arrest warrant.
(3) Where a release order in relation to a person is revoked:
A person arrested must be brought before a prescribed authority as soon as practicable.
20BF(4) Release order may be revoked
Time frame for bringing before authority is specified
Temporal interval for bringing before authority
Person must be brought before authority within a certain time frame
Authority's decision has implications for person's rights
Authority's decision affects person's rights
Person's rights depend on being brought before authority
System is designed to manage arrests and bring before authorities
System for managing arrests and bringing before authorities
System has a duty to manage arrests and bring before authorities
Arrested person must be brought before authority
Information about arrest and bringing before authority is relevant
Information about arrest and bringing before authority
Person's information is subject to duty to be brought before authority
Revocation of release order requires warrant and detention direction.
20BF(5) Release order may be revoked
...the period of detention under subsection 20BC(2) as had not elapsed at the time of the making of the release order.
Defines temporal interval for revocation of release order.
(5) Subject to subsection (6), where a prescribed authority in a State or Territory before whom a person is brought under subsection (4) is satisfied that...
...the prescribed authority must issue a warrant: ...
Prohibits revocation of release order without warrant and detention direction.
Imposes obligation on prescribed authority to issue warrant and detention direction.
Defines temporal trace for revocation of release order.
Authority may issue warrant for remand pending hearing completion
20BF(6) Release order may be revoked
...the prescribed authority may issue a warrant for the remand of the person in a prison or hospital in the State or Territory pending completion of the hearing.
Defines temporal interval for warrant issuance
(6) If the prescribed authority in the State or Territory before whom the person is brought under subsection (4) cannot complete the hearing under subsection (5) immediately...
Incorporates AI reasoning in warrant issuance
Prohibits issuing warrant without hearing completion
Diffuses responsibility for warrant issuance
Defines temporal trace for warrant issuance
The Attorney-General may revoke a release order in writing.
20BF(7) Release order may be revoked
(7) The Attorney-General may, at any time, by order in writing, vary the prison or hospital at which a person is detained under this section.
Attorney-General's ability to process information
Attorney-General's ability to diffuse information
Notify Attorney-General of variation in detention facility
20BF(8) Release order may be revoked
20BG Attorney-General to review detention of persons taken back
Attorney-General must reconsider detention of persons taken back every 6 months.
20BG(1) Attorney-General to review detention of persons taken back
...must, while the person is in detention, reconsider the matter at least once...
...at least once in each period of 6 months after the initial consideration.
...the Attorney-General must reconsider the matter at least once in each period of 6 months after the initial consideration.
Attorney-General's duty to review detention decisions.
(1) Where, under subsection 20BF(5), a prescribed authority directs that a person be detained...
Applicability of subsections to reconsideration
20BG(2) Attorney-General to review detention of persons taken back
Amends subsection 20BE(1) to reference this section instead of subsection 20BD(1)
20BG(3) Attorney-General to review detention of persons taken back
Notify mental health authorities of proposed release
20BH State or Territory mental health authorities to be notified of
20BI Appeals against some Victorian jury findings of unfitness to be
Right to appeal against unfitness to be tried
20BI(1) Appeals against some Victorian jury findings of unfitness to be
...a jury finds that the accused is unfit.
Appeal against some Victorian jury findings of unfitness to be
20BI(2) Appeals against some Victorian jury findings of unfitness to be
Allow appeal if finding is unreasonable or unsupported by evidence
20BI(3) Appeals against some Victorian jury findings of unfitness to be
The court must allow the appeal if the finding is unreasonable or cannot be supported
Court must allow appeal if finding is unreasonable or unsupported by evidence
The court must allow the appeal if there was a miscarriage of justice
Court must allow appeal if there was a miscarriage of justice
The court must set aside the finding if the order is wrong on law
Court must set aside finding if order is wrong on law
The court must set aside the finding if it is unreasonable or cannot be supported by evidence
Court must set aside finding if it is unreasonable or cannot be supported by evidence
20BI(4) Appeals against some Victorian jury findings of unfitness to be
The Court of Appeal MUST dismiss the appeal.
(4) Otherwise, the Court of Appeal must dismiss the appeal.
Court of Appeal may dismiss appeal if no substantial miscarriage of justice has occurred.
20BI(5) Appeals against some Victorian jury findings of unfitness to be
The accused may be tried for the federal offence if the appeal is allowed.
20BI(6) Appeals against some Victorian jury findings of unfitness to be
the accused may be tried for the federal offence.
The provision applies to the period during which the appeal is allowed.
(6) If the Court of Appeal allows the appeal:
Allowing the appeal imposes an obligation.
the Court of Appeal may make orders for the custody or bail of the accused.
The provision diffuses the obligation to try the accused if the appeal is allowed.
20BJ Acquittal where person mentally ill
Court order to detain acquitted person in safe custody
20BJ(1) Acquittal where person mentally ill
20BJ(2) Acquittal where person mentally ill
Officer may vary detention facility under urgent medical or security reasons.
20BJ(3) Acquittal where person mentally ill
Court may order release from custody under certain conditions.
20BJ(4) Acquittal where person mentally ill
Condition for acquittal where person mentally ill
20BJ(5) Acquittal where person mentally ill
20BK Review by Attorney-General
Attorney-General must reconsider detention after 6 months.
20BK(1) Review by Attorney-General
Attorney-General weighs release options.
Initial consideration and periodic reviews.
Attorney-General must consider reports and representations when deciding to release a person from custody.
20BK(2) Review by Attorney-General
The Attorney-General must obtain and consider reports from a duly qualified psychiatrist or psychologist within a certain timeframe.
Attorney-General must consider reports within a certain timeframe.
The Attorney-General is responsible for making decisions about custody releases.
The Attorney-General must obtain and consider relevant reports.
Attorney-General has an obligation to consider reports and representations.
The Attorney-General must consider any representations made to them.
The Attorney-General may obtain and consider other reports as necessary.
Attorney-General has permission to obtain and consider additional reports.
The Attorney-General must consider reports from a duly qualified psychiatrist or psychologist, but also other reports as necessary.
Attorney-General's decision-making process involves considering multiple reports.
20BL Attorney-General may order release
Attorney-General may order release of a person from custody.
20BL(1) Attorney-General may order release
Attorney-General must not order release unless satisfied the person is no threat or danger.
20BL(2) Attorney-General may order release
Attorney-General must not order release.
Attorney-General may not order release without written order and specified conditions.
20BL(3) Attorney-General may order release
Prohibition of release without written order
20BL(4) Attorney-General may order release
20BM Release order may be revoked
Revocation of release order is permitted under certain conditions
Permission to revoke release order under certain conditions
The Attorney-General may revoke the release order
There is an obligation to comply with the condition
Obligation to comply with conditions of release order
The person concerned must comply with the condition
Revocation occurs until the release order is no longer in force
Temporal relationship between revocation and release order
The revocation takes effect while the release order remains in force
20BN Attorney-General to review detention of persons taken back
20BN(1) Attorney-General to review detention of persons taken back
...the Attorney-General must reconsider the matter at least once in each period of 6 months...
...once in each period of 6 months after the initial consideration.
(1) Where, under subsection 20BM(5), a prescribed authority directs that a person be detained...
...the Attorney-General must consider (in this section called the initial consideration)...
Attorney-General's discretion to release or detain.
Attorney-General's duty to reconsider detention decisions.
Applicability of subsections to reconsideration under subsection (1)
20BN(2) Attorney-General to review detention of persons taken back
Relation between initial consideration and reconsideration under subsection (1)
requires relation between temporal intervals
(2) Subsection 20BK(2) and, subject to the modification in subsection (3), section 20BL
Ordered trace required for reconsideration under subsection (1)
Attorney-General must review detention of persons taken back
20BN(3) Attorney-General to review detention of persons taken back
20BP State or Territory authorities to be notified of certain releases
Court may dismiss charge and discharge person into care or on condition for assessment/treatment.
20BQ Person suffering from mental illness or intellectual disability
Court may dismiss charge and discharge person.
Court may inform itself as it thinks fit, but not to require self-incrimination.
20BR Means by which court may be informed
20BS Hospital orders
Court may order detention in a hospital for treatment of mental illness
20BS(1) Hospital orders
Court obligation to order detention in a hospital
Court cannot make hospital order unless person would have been imprisoned for mental illness.
20BS(2) Hospital orders
...the person to a term of imprisonment.
...the mental illness of the person, the court would have sentenced the person to a term of imprisonment.
Court has an obligation to consider imprisonment before making a hospital order.
Court has permission to make hospital order if person would not have been imprisoned for mental illness.
Person has a right to be considered for imprisonment before making a hospital order.
Court cannot specify a period of detention longer than the imprisonment term.
20BS(3) Hospital orders
...the person would have been sentenced...
Court cannot specify a period of detention.
Court may fix lesser period of detention during which person is not eligible to be released from hospital.
20BS(4) Hospital orders
Court must obtain information before forming opinion on a person.
20BS(5) Hospital orders
Court must obtain information before forming opinion.
20BT Lesser periods of imprisonment fixed under hospital orders
Attorney-General must obtain and consider reports of psychiatrists to determine release from detention.
20BT(1) Lesser periods of imprisonment fixed under hospital orders
The Attorney-General must order release on conditions if reports recommend continued hospital treatment or a federal sentence remains.
20BT(2) Lesser periods of imprisonment fixed under hospital orders
The Attorney-General must order release on conditions.
Obligation to order release on conditions
Reports recommend continued hospital treatment or a federal sentence remains.
Sections 20BM and 20BN apply in relation to a person released from involuntary hospitalisation.
20BT(3) Lesser periods of imprisonment fixed under hospital orders
Sections 20BM and 20BN apply during the period of detention in a hospital specified in the order under subsection 20BS(1).
Temporal relationship between the release from hospitalisation and the application of sections 20BM and 20BN.
The person is released from involuntary hospitalisation by order under subsection (2).
Sections 20BM and 20BN apply in relation to the person.
Application of sections 20BM and 20BN to a person released from involuntary hospitalisation.
Sections 20BM and 20BN apply in relation to a person released from involuntary hospitalisation by order under subsection (2).
Sections 20BM and 20BN apply to the person.
The references in each of those sections to detention in a prison or a hospital were references only to detention in a hospital.
Application of sections 20BM and 20BN to a specific context.
The reference in subsection 20BM(5) to the period of detention in safe custody under subsection 20BJ(1) were a reference to the period of detention in a hospital specified in the order under subsection 20BS(1).
20BU Discharge of hospital orders
20BU(1) Discharge of hospital orders
Court must be satisfied before discharging a hospital order.
20BU(2) Discharge of hospital orders
Obligation to satisfy court's satisfaction before discharging hospital order.
20BV Psychiatric probation orders
A court may make a psychiatric probation order for a person convicted of a federal offence if they are suffering from a mental illness and consent to the treatment.
20BV(1) Psychiatric probation orders
The person's mental illness contributed to the commission of the offence by the person
The court must make an order if certain conditions are met
Court must obtain consent before making psychiatric probation orders.
20BV(2) Psychiatric probation orders
...the person, or the person’s legal guardian, consents to the proposed treatment.
The court must not make an order unless...
20BV(3) Psychiatric probation orders
Court may vary treatment under certain conditions.
20BV(4) Psychiatric probation orders
Magistrate may take action if person fails to comply with condition of order.
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation orders
Court may impose pecuniary penalty, discharge order, revoke order, or take no action if person fails to comply with condition of psychiatric probation order.
20BX(1) Enforcement of psychiatric probation orders
Person may be subject to pecuniary penalty
Court must consider order made when dealing with person
20BX(2) Enforcement of psychiatric probation orders
Court must take into account the fact that the order was made
Court must deal with person under subsection (1)
Rights of appeal for dealing with an offender under psychiatric probation orders
20BX(3) Enforcement of psychiatric probation orders
...the person has such rights of appeal in respect of the way in which the person was dealt with for that offence as the person would have if...
Appeal rights apply during the period of psychiatric probation
(3) Where a person who has been released in accordance with an order under section 20BV is dealt with under subsection (1) for the offence in respect of which the order was made...
Appeal rights are recognized by AI systems
Person has rights of appeal for dealing with the offender
Appeal rights diffuse to all relevant authorities
Appeal rights apply everywhere during the period of psychiatric probation
20BY Program probation orders
Court may order release on condition of undertaking education program or treatment.
20BY(1) Program probation orders
Applicability of program probation orders
20BY(2) Program probation orders
Definitions for authorized officer and relevant person.
20BZ Definitions
Lists individuals and organizations with specific roles.
Child or young person charged with an offence may be tried and punished as if the offence were against a law of the State or Territory.
20C Offences by children and young persons
21B Reparation for offences
Reparation to the Commonwealth or a public authority, by way of money payment or otherwise
21B(1) Reparation for offences
No imprisonment for failure to pay order
21B(2) Reparation for offences
21B(3) Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
Nothing in this Part affects the Governor-General's power of mercy.
21D(1) Prerogative of mercy and other Commonwealth laws unaffected
No effect on other laws regarding offender release
21D(2) Prerogative of mercy and other Commonwealth laws unaffected
(2) This Part does not affect the operation of any other law...
21F Prescribed authorities and parole officers
The Governor-General may arrange with other authorities to perform certain functions.
21F(1) Prescribed authorities and parole officers
Other authorities must perform certain functions.
Permission granted by the Governor-General
The Governor-General may arrange with other authorities.
21F(2) Prescribed authorities and parole officers
22 Conditions etc. that a court may impose on certain offenders
Court may order a person to do certain things after conviction of serious drug offence or prescribed offence.
22(1) Conditions etc. that a court may impose on certain offenders
Describes temporal relationship between obligation and actions
(1) Where a court makes a relevant order or passes a relevant sentence in respect of a person charged with, or convicted of:
Describes the relationship between obligation and actions
Describes the recognition of obligation by AI system
Describes the spread of obligation to others
22(2) Conditions etc. that a court may impose on certain offenders
Order has effect during specified period
Court may revoke or vary certain orders.
22(3) Conditions etc. that a court may impose on certain offenders
Court must notify Secretary of Department administered by Minister administering Australian Passports Act 2005 of order
22(4) Conditions etc. that a court may impose on certain offenders
Australian travel document must be given to the Registrar or other appropriate officer of the court.
22(5) Conditions etc. that a court may impose on certain offenders
Return of Australian travel document upon request
22(6) Conditions etc. that a court may impose on certain offenders
Court may impose conditions on certain offenders
22(7) Conditions etc. that a court may impose on certain offenders
22A State orders relating to Australian travel documents
Must surrender Australian travel document to court upon order.
22A(1) State orders relating to Australian travel documents
22A(2) State orders relating to Australian travel documents
23 Outline of this Part
Imposes obligations on investigating officials.
23(1) Outline of this Part
(b) imposes obligations on investigating officials in relation to: (i) people arrested for Commonwealth offences; and (ii) certain other people who are being investigated for Commonwealth offences;
Obligation on investigating officials (ii)
(b) imposes obligations on investigating officials in relation to: (ii) certain other people who are being investigated for Commonwealth offences;
Obligation on investigating officials (i)
(b) imposes obligations on investigating officials in relation to: (i) people arrested for Commonwealth offences;
23(2) Outline of this Part
(2) To avoid doubt, this Part does not confer any power to arrest a person.
Only a person arrested for a Commonwealth offence may be detained under this Part.
23(3) Outline of this Part
Detained under this Part during the arrest
Temporal interval: ArrestedForOffence -> DetentionUnderThisPart
Person arrested for a Commonwealth offence
Detention under this Part implies being arrested for a Commonwealth offence
23A Application of Part
No effect on laws inconsistent with this Part
23A(1) Application of Part
Prevents inconsistent laws from applying
Law of a State or Territory can operate concurrently with this Part.
23A(2) Application of Part
Law of a State or Territory includes such a law that is given a particular application by a law of the Commonwealth.
23A(3) Application of Part
such a law that is given a particular application by a law of the Commonwealth.
Electronic recording of confessional required for laws of a State or Territory
23A(4) Application of Part
Requires electronic recording of confessional
23AA How this Part applies to the Antarctic Territories
This Part applies in relation to a person as if they were arrested on arrival in a State or Territory.
23AA(1) How this Part applies to the Antarctic Territories
The provision applies during the period of arrest.
(b) the person was brought, while under arrest, to the State or Territory;
Application of the provision to a person
(1) This Part applies in relation to a person as if he or she were arrested on arrival in a State or Territory.
The provision applies in the specified state or territory.
Application of the provision in a state or territory
(c) this Part applies in the State or Territory.
The provision affects the person's rights and duties.
Application of the provision to a person's rights and duties
The provision imposes obligations on the state or territory.
Application of the provision to a state or territory's obligations
This Part applies in relation to a person as if he or she first became a protected suspect on arrival in a State or Territory.
23AA(2) How this Part applies to the Antarctic Territories
If the person was a protected suspect within the Australian Antarctic Territory or the Territory of Heard Island and McDonald Islands, then this Part applies.
(a) the person was a protected suspect within the Australian Antarctic Territory or the Territory of Heard Island and McDonald Islands;
If the person travelled, while a protected suspect, to the State or Territory, then this Part applies.
(b) the person travelled, while a protected suspect, to the State or Territory;
If this Part applies in the State or Territory, then this Part applies in relation to a person as if he or she first became a protected suspect on arrival in a State or Territory.
this Part applies in the State or Territory;
This Part does not apply within the Australian Antarctic Territory or the Territory of Heard Island and McDonald Islands.
23AA(3) How this Part applies to the Antarctic Territories
Temporal interval: Australian Antarctic Territory or the Territory of Heard Island and McDonald Islands
(3) This Part does not otherwise apply within the Australian Antarctic Territory or the Territory of Heard Island and McDonald Islands.
Temporal logic: Does not hold within the specified intervals
Defines terms for Aboriginal legal assistance organisation, arrested person, and authorising officer.
23B Definitions
(Aboriginal legal assistance organisation) = (an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and Torres Strait Islanders.)
Defines terms for Aboriginal legal assistance organisation
(Aboriginal legal assistance organisation means an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and Torres Strait Islanders.)
(arrested: a person is arrested if: (a) the person is arrested for a Commonwealth offence; and (b) the person’s arrest has not ceased under subsection (3) or (4); and (c) the person has not been released.)
(authorising officer, in relation to an investigating official, means: (a) if the investigating official is a member or special member of the Australian Federal Police—a person for the time being holding office or acting as: (i) the Commissioner; or (ii) a Deputy Commissioner; or (iii) a member or special member of the Australian Federal Police who is of the rank of superintendent or higher; or (b) if the investigating official is a member of the police force of a State or Territory—a person for the time being holding office or acting as: (i) the Commissioner or the person holding equivalent rank; or (ii) an Assistant Commissioner or a person holding equivalent rank; or (iii) a superintendent or a person holding equivalent rank; of the police force of that State or Territory.)
23C Period of investigation if arrested for a non-terrorism offence
Provisions apply if arrested for a Commonwealth offence
23C(1) Period of investigation if arrested for a non-terrorism offence
Person may be detained for investigation of Commonwealth offences
23C(2) Period of investigation if arrested for a non-terrorism offence
Cessation of subsection (2) at the end of investigation period
23C(2A) Period of investigation if arrested for a non-terrorism offence
Must be brought before a bail authority within the investigation period or as soon as practicable after.
23C(3) Period of investigation if arrested for a non-terrorism offence
Must be brought before bail authority within the investigation period or as soon as practicable after
(3) If the person is not released within the investigation period...
If not released, must be brought before bail authority
Investigation period begins when arrested and ends at a reasonable time, not exceeding 2 hours for minors or 4 hours in other cases.
23C(4) Period of investigation if arrested for a non-terrorism offence
Consider complexity of matters when ascertaining time for investigation purposes.
23C(5) Period of investigation if arrested for a non-terrorism offence
the number and complexity of matters being investigated during the investigation.
(5) In ascertaining any period of time for the purposes of this section,
regard shall be had to the number and complexity of matters being investigated.
Consideration of complexity is obligation.
Reduction of investigation period for repeated arrests within 48 hours
23C(6) Period of investigation if arrested for a non-terrorism offence
Prohibits repeated arrests within 48 hours
(6) If the person has been arrested more than once...
Disregard subsection (6) for any later arrest if certain conditions are met.
23C(6A) Period of investigation if arrested for a non-terrorism offence
The state is obligated to disregard subsection (6) for any later arrest if certain conditions are met.
The state is permitted to disregard subsection (6) for any later arrest if certain conditions are met.
Subsection (6) and Obligation to disregard subsection (6) are true.
Conjunction: Subsection (6) and Obligation to disregard subsection (6)
Subsection (6) is a subclass of Obligation to disregard subsection (6).
Subsection (6) or Obligation to disregard subsection (6) are true.
Disjunction: Subsection (6) or Obligation to disregard subsection (6)
Disregard reasonable time for questioning suspension or delay
23C(7) Period of investigation if arrested for a non-terrorism offence
(7) In ascertaining any period of time...
23D Application may be made for extension of investigation period
Application for extension of investigation period may be made.
23D(1) Application may be made for extension of investigation period
Application must be made before the magistrate.
23D(2) Application may be made for extension of investigation period
The application must be made before the magistrate.
Application for extension of investigation period must include certain statements.
23D(3) Application may be made for extension of investigation period
No information is required if disclosure is likely
23D(4) Application may be made for extension of investigation period
23DA Magistrate may extend investigation period
Magistrate may extend investigation period for a serious Commonwealth offence.
23DA(1) Magistrate may extend investigation period
Magistrate may extend investigation period
Magistrate may extend investigation period under certain conditions.
23DA(2) Magistrate may extend investigation period
Further detention necessary during investigation
23DA(3) Magistrate may extend investigation period
Disclosure of certain information is not required.
23DA(4) Magistrate may extend investigation period
Must provide a copy of the instrument to the investigating official.
23DA(5) Magistrate may extend investigation period
23DB Period of investigation if arrested for a terrorism offence
Provisions apply if arrested for a terrorism offence
23DB(1) Period of investigation if arrested for a terrorism offence
Person may be detained for investigation of terrorism offence
23DB(2) Period of investigation if arrested for a terrorism offence
Cessation of subsection (2) at the end of investigation period does not affect other powers to detain.
23DB(3) Period of investigation if arrested for a terrorism offence
23DB(4) Period of investigation if arrested for a terrorism offence
The temporal interval between release and investigation end is between 0 and the investigation period.
Temporal interval between release and investigation end
(4) If it is not practicable to do so within the investigation period...
The person must be brought before a bail authority.
(4) If the person is not released within the investigation period...
The person must be brought as soon as practicable after the end of the investigation period.
Must be brought as soon as practicable after the end of the investigation period
The person must be brought before a bail authority or as soon as practicable after.
Must be brought before a bail authority or as soon as practicable after
Investigation period duration after arrest for terrorism offence
23DB(5) Period of investigation if arrested for a terrorism offence
Consider complexity of matters when ascertaining time periods.
23DB(6) Period of investigation if arrested for a terrorism offence
23DB(7) Period of investigation if arrested for a terrorism offence
Reduction applies to temporal intervals within 48 hours
(b) any earlier investigation period or periods under section 23C.
...the investigation period for each arrest other than the first is reduced by so much of any of the following periods as occurred within that 48 hours:
Reduction applies to repeated arrests with similar characteristics
(7) If the person has been arrested more than once within any period of 48 hours...
...the investigation period for each arrest other than the first is reduced...
Reduces investigation period for repeated arrests
Reduction applies to repeated arrests within a short time frame
Reduction applies until the end of the 48-hour period
Disregard subsection (7) for any later arrest if certain conditions are met.
23DB(8) Period of investigation if arrested for a terrorism offence
(8) However, in relation to each first arrest...
23DC Time during which suspension or delay of questioning may be
Suspension or delay of questioning may be specified during an investigation into a terrorism offence.
23DC(1) Time during which suspension or delay of questioning may be
The period during which suspension or delay of questioning may be applied starts when the person is arrested and ends when the investigation is completed.
Specifies the temporal interval during which suspension or delay of questioning may be applied.
(1) This section applies if: (a) a person is arrested for a terrorism offence; and (b) an investigation is being conducted into whether the person committed that terrorism offence or another terrorism offence.
The state must specify the period during which suspension or delay of questioning may be applied because both conditions are met.
Draws a conclusion based on the premises.
(a) a person is arrested for a terrorism offence; and (b) an investigation is being conducted into whether the person committed that terrorism offence or another terrorism offence.
The state must specify the period during which suspension or delay of questioning may be applied.
Imposes a duty on the state to specify the period during which suspension or delay of questioning may be applied.
The obligation applies if both conditions are met.
Specifies the conditions under which the obligation applies.
The period during which suspension or delay of questioning may not be applied starts when the investigation is completed and ends at the end of the relevant temporal interval.
Specifies the temporal interval until which suspension or delay of questioning may not be applied.
Specifies period for requesting a magistrate's extension of the investigation period.
23DC(2) Time during which suspension or delay of questioning may be
Application must be authorized in writing by an authorizing officer.
23DC(3) Time during which suspension or delay of questioning may be
Authorization from an authorizing officer is required.
The application must not be made unless the application is authorized, in writing, by an authorizing officer.
Imposition of authorization requirement.
Enforcement of authorization requirement.
Application must include certain statements
23DC(4) Time during which suspension or delay of questioning may be
No information must be included in the application if disclosure is likely to cause harm.
23DC(5) Time during which suspension or delay of questioning may be
No information must be included in the application.
Disclosure of information is likely to cause harm.
23DD Time during which suspension or delay of questioning may be
Specifies period for suspension or delay of questioning in terrorism cases.
23DD(1) Time during which suspension or delay of questioning may be
Specifies temporal interval for suspension or delay.
(1) This section applies if: (a) a person is arrested for a terrorism offence; and (b) an application has been made under subsection 23DC(2) to a magistrate in respect of the person. Specification of period
Diffuses information about the specified period.
The magistrate may specify a period for suspension or delay of questioning.
23DD(2) Time during which suspension or delay of questioning may be
Specify period, day and time of signing, and reasons for specifying the period.
23DD(3) Time during which suspension or delay of questioning may be
23DD(4) Time during which suspension or delay of questioning may be
instrument, matters included in instrument
Magistrate must provide information to investigating official
23DD(5) Time during which suspension or delay of questioning may be
Classification of instrument and matters included in instrument
The investigating official must take a specific action.
23DD(6) Time during which suspension or delay of questioning may be
The investigating official must take the specified action.
23DE Application may be made for extension of investigation period
Application for extension of investigation period
23DE(1) Application may be made for extension of investigation period
Application must be authorized in writing by an authorizing officer before making a request for extension of investigation period.
23DE(2) Application may be made for extension of investigation period
23DE(3) Application may be made for extension of investigation period
Application for extension of investigation period may be made under certain conditions.
23DE(4) Application may be made for extension of investigation period
Investigating official must provide application copy and inform applicant of right to representation.
23DE(5) Application may be made for extension of investigation period
Must provide application copy and inform applicant of right to representation.
Official may remove information from application copy if it contains certain kinds of data.
23DE(6) Application may be made for extension of investigation period
Official may remove information from application copy.
Allow person or legal representative to make representations to magistrate about application.
23DE(7) Application may be made for extension of investigation period
Magistrate may extend investigation period for terrorism offence
23DF Magistrate may extend investigation period
Temporal interval between arrest and application may be relevant
(1) This section applies if: (a) a person is arrested...
Temporal interval between arrest and application may be relevant for CogAI analysis
Magistrate obligation to extend investigation period
Temporal interval between arrest and application may be relevant for diffusion analysis
Temporal interval between arrest and application may be relevant for LTL analysis
23E Evidentiary provisions if application made by electronic means
Magistrate must inform investigating official of matters included in an instrument.
23E(1) Evidentiary provisions if application made by electronic means
Magistrate must inform investigating official.
a form of the instrument with the name of the magistrate and particulars given by him or her
Investigating official must complete a form and forward it to the magistrate.
23E(2) Evidentiary provisions if application made by electronic means
Obligation to complete a form and forward it to the magistrate
Instrument with incorrect terms has no effect if not signed by magistrate
23E(3) Evidentiary provisions if application made by electronic means
Prohibits incorrect instrument from having effect
23F Cautioning persons who are under arrest or protected suspects
Cautioning persons under arrest or protected suspects before questioning.
23F(1) Cautioning persons who are under arrest or protected suspects
Temporal relationship between questioning and cautioning
Questioning starts before the person is cautioned.
Investigating official must question the person.
Investigating official must inform person of caution in writing if most appropriate.
23F(2) Cautioning persons who are under arrest or protected suspects
Informing in writing is a subclass of informing.
Exempts persons from answering questions under certain circumstances.
23F(3) Cautioning persons who are under arrest or protected suspects
Another law requires the person to answer questions
Exempts persons from answering questions
Right to communicate with friend, relative and legal practitioner during questioning.
23G Right to communicate with friend, relative and legal
The investigating official must inform the person of their right to communicate with a friend or relative.
Must inform the person of their right to communicate with a friend or relative.
The investigating official must defer questioning for a reasonable time to allow the person to make communication arrangements.
Must allow the person to make communication arrangements.
The investigating official must allow the person to arrange for a legal practitioner to be present during questioning.
Must arrange for a legal practitioner to be present during questioning.
The investigating official must allow the person to choose their own legal practitioner.
Must respect the person's choice of legal practitioner.
The investigating official must allow the person to make communication arrangements within a reasonable time frame.
Must provide a reasonable time for communication arrangements.
The investigating official must allow the person to communicate with their chosen legal practitioner.
Must respect the person's right to communicate with their legal practitioner.
23H Aboriginal persons and Torres Strait Islanders
Notification to representative of Aboriginal legal assistance organisation
Notify Aboriginal legal assistance organisation of person under arrest or protected suspect.
23H(1) Aboriginal persons and Torres Strait Islanders
Official must not question Aboriginal person until notified representative has communicated or 2 hours have passed.
23H(1A) Aboriginal persons and Torres Strait Islanders
...the earlier of the following times: ...
2 hours have passed since representative was notified.
(1AB) If a representative of an Aboriginal legal assistance organisation is notified under subsection (1), the investigating official must not question the person until...
Official must not question Aboriginal person.
Official must not question Aboriginal person or Torres Strait Islander without interview friend present.
23H(2) Aboriginal persons and Torres Strait Islanders
Interview friend must be present before questioning.
(c) an interview friend is present while the person is being questioned and, before the start of the questioning...
Official must allow person to communicate with interview friend.
Official must not question Aboriginal person or Torres Strait Islander.
(2) Subject to subsection (7) and section 23L, if an investigating official...
Person can waive right to have interview friend present.
(d) the person has expressly and voluntarily waived his or her right to have such a person present.
Right to choose an interview friend under certain conditions.
23H(2A) Aboriginal persons and Torres Strait Islanders
Exercise of the right occurs within this interval
Exercise of the right must occur within a reasonable period
The person has a reasonable period to exercise the right
The person must exercise the right if they choose to do so
State must ensure the chosen interview friend arrives within 2 hours
State has an obligation to ensure the chosen interview friend arrives on time
The state is responsible for ensuring the person's rights are respected
Arrival of the chosen interview friend occurs within this interval
Chosen interview friend must arrive within 2 hours
23K Persons under 18
Official must have interview friend present when questioning a minor under 18.
23K(1) Persons under 18
Communication occurs during questioning.
Communication must occur during questioning.
Questioning begins after allowing communication.
Official must have interview friend present.
Excluding an interview friend from questioning if they unreasonably interfere.
23K(2) Persons under 18
[Unreasonable Interference] is a temporal interval for exclusion.
Defining a temporal interval for exclusion based on unreasonable interference.
(2) An interview friend may be excluded from the questioning if he or she unreasonably interferes with it.
[Exclusion] is represented by [Unreasonable Interference].
Representing knowledge about exclusion based on unreasonable interference.
An interview friend may be excluded from the questioning if they unreasonably interfere.
Granting permission to exclude an interview friend.
[Exclusion] spreads to others through [Unreasonable Interference].
Describing how exclusion based on unreasonable interference spreads to others.
[Unreasonable Interference] is a temporal trace.
Defining a temporal trace for exclusion based on unreasonable interference.
Defines acceptable interviewers for a person under 18
23K(3) Persons under 18
23L Exceptions
Official exemption from requirement under certain conditions.
23L(1) Exceptions
Reasonable grounds for believing non-compliance will result in harm to others.
Official's belief on reasonable grounds.
The official believes on reasonable grounds that...
Exceptions for application of subsection (1)
23L(2) Exceptions
Record of investigating official's grounds for belief must be made and complied with.
23L(3) Exceptions
Must provide record of grounds for belief
Offer services of another legal practitioner if communication or attendance is delayed.
23L(4) Exceptions
23M Providing information relating to persons who are under arrest
Informing a person under arrest of their whereabouts by relatives, friends or legal representatives.
23M(1) Providing information relating to persons who are under arrest
Must provide information to the other person unless certain conditions are met.
23M(2) Providing information relating to persons who are under arrest
Investigating official's belief about the other person's relationship
the investigating official believes on reasonable grounds that...
Section has effect subject to section 23L.
23M(3) Providing information relating to persons who are under arrest
Right to interpreter for persons under arrest or protected suspects
23N Right to interpreter
Person under arrest or protected suspect has right to interpreter
23P Right of non-Australian nationals to communicate with
Non-Australian nationals have right to communicate with consular office.
23P(1) Right of non-Australian nationals to communicate with
...he or she may communicate with, or attempt to communicate with, that consular office; and
Must inform non-Australian nationals of their right to communicate with consular office.
(1) Subject to section 23L, if a person who is under arrest or a protected suspect is not an Australian citizen...
...give the person reasonable facilities to do so; and
Must provide reasonable facilities for non-Australian nationals to communicate with consular office.
...forward any written communication from the person to that consular office; and
Must forward written communication from non-Australian nationals to consular office.
...allow the person a reasonable time to, or to attempt to, communicate with that consular office.
Must allow non-Australian nationals a reasonable time to communicate with consular office.
...that consular office will be notified accordingly; and
Must notify consular office of non-Australian nationals' arrest or detention.
...if the person so requests—notify that consular office accordingly; and
Must inform non-Australian nationals of their right to request notification.
Must comply with paragraphs (1)(c), (d) and (f) before questioning a person.
23P(2) Right of non-Australian nationals to communicate with
Must treat persons under arrest with humanity and respect for human dignity.
23Q Treatment of persons under arrest
Right to remain silent not affected by this Part.
23S Right to remain silent etc. not affected
No obligation to answer questions or participate in an investigation.
An investigating official can ask or cause a person to do something under another law.
23T Acts authorised under other laws
Must provide certain information to a person under arrest or protected suspect.
23U Tape recording of information required to be given to person
23V Tape recording of confessions and admissions
A record in writing, a copy of the record, and an explanation of the procedure to be followed.
Tape recording of confessions and admissions is required for certain circumstances.
23V(1) Tape recording of confessions and admissions
The state must provide a written record and an explanation.
Must provide access to recording within 7 days
23V(2) Tape recording of confessions and admissions
This section applies to certain offences under a law applied by the Commonwealth Places (Application of Laws) Act 1970.
23V(4) Tape recording of confessions and admissions
Court may admit evidence despite non-compliance with section requirements.
23V(5) Tape recording of confessions and admissions
Permission to deviate from requirements.
Prosecution must prove investigating official had reasonable grounds for belief.
23W Proof of belief
Prosecution has an obligation to prove...
Investigating official must have reasonable grounds for belief.
Compilation information and notes on amendments, applications, and modifications.
4 June 2026
The text is a descriptive classification.
Classifies the text as a compilation of the Crimes Act 1914.
The text describes the compilation date and contents.
The text provides information on the volume structure.
Identifies the volumes and sections included in the compilation.
The text provides context for understanding the law.
Notes on amendments, applications, and modifications.
The text includes notes on amending laws and amendment history.
80 Section 80
Defines criminal behaviour in subsection (2A)
80(2B) Section 80
Includes conduct, omission, circumstance or result in the physical element of the offence
Court must consider nature and severity of conditions when determining sentence or order.
80(3) Section 80
Sentence or order must be determined with consideration for conditions.
Court must have regard to the nature and severity of the conditions.
Defines family members for a reference in this Part.
80(4) Section 80
Crimes Act 1914