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