Crimes Act 1914
4 June 2026
Compilation information and notes on amendments, applications, and modifications.
Classifies the text into a hierarchical structure.
The text is organized into volumes and parts.
The compilation is structured in a logical manner.
Identifies temporal intervals between sections.
23WA Definitions
23WB Interview friends
23WB(1) Interview friends
List of people who may act as an interview friend
23WB(2) Interview friends
Who can act as interview friends for a child or incapable person?
23WC How forensic procedures may be authorised in different
Authorises forensic procedures under certain circumstances.
Allows the carrying out of a forensic procedure.
...and shows the provisions that authorise...
1 Child or
Procedure must be carried out within 2 hours after suspect presents to investigating constable.
Obligation to carry out procedure within 2 hours.
2 Aboriginal
3 Suspect
Procedure must be carried out within 4 hours after suspect presents to investigating constable.
Obligation to carry out procedure within 4 hours.
4 Child or
Suspect detention beyond 2 hours after arrest or magistrate's order is prohibited.
Prohibition of detention beyond 2 hours.
5 Aboriginal
Suspect may be detained in accordance with
6 Suspect
Suspect may be detained in accordance with item 4 or 5
Imposes a duty on the State to detain suspects in accordance with item 4 or 5
Specifies the temporal interval during which suspects may be detained in accordance with item 4 or 5
23WD Forensic procedure may be carried out with informed
23WD(1) Forensic procedure may be carried out with informed
Authorisation to carry out forensic procedure with informed consent.
The person is authorised to carry out the procedure.
A person is authorised to carry out a forensic procedure on a suspect.
The person is authorised to carry out the procedure in accordance with Division 6 and not otherwise.
Informed consent of the suspect is required.
Temporal relationship between authorisation and procedure
(1) A person is authorised to carry out a forensic procedure on a suspect with the informed consent of the suspect.
The authorisation occurs during the procedure.
Implication of authorisation and consent
The authorisation implies that the consent is required.
The authority and consent are spread to the suspect.
23WD(2) Forensic procedure may be carried out with informed
Forensic procedure not allowed for certain individuals
23WD(3) Forensic procedure may be carried out with informed
Keeping a suspect in custody after investigation period expiration requires magistrate order.
Prohibits keeping a suspect in custody after investigation period expiration.
...an order of a magistrate under Division 5 will have to be obtained to authorise this.
Implies that keeping a suspect in custody after investigation period expiration is not allowed.
Requires an investigation period expiration before keeping a suspect in custody.
Classifies the provision as prohibiting keeping a suspect in custody after investigation period expiration using AI.
23WD(4) Forensic procedure may be carried out with informed
Informed consent allows forensic procedure during investigation period.
23WE People who cannot consent to forensic procedures
A child cannot consent to a forensic procedure.
23WF Informed consent to forensic procedures—general
23WF(1) Informed consent to forensic procedures—general
Suspect must provide informed consent for forensic procedures.
Constable must ask for consent if suspect is not believed to be Aboriginal or Torres Strait Islander.
(b) the constable does not believe on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander.
(a) a constable intends to ask a suspect to consent to a forensic procedure; and (b) the constable does not believe on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander.
23WF(2) Informed consent to forensic procedures—general
Informed consent to forensic procedures for suspects not covered by section 23WE.
23WF(3) Informed consent to forensic procedures—general
Restricts communication with legal practitioner for suspects in custody
Constable has reasonable grounds to suspect evidence destruction
Suspect cannot communicate with legal practitioner in private
23WG Informed consent to forensic procedures—Aboriginal
23WG(1) Informed consent to forensic procedures—Aboriginal
Informed consent required for forensic procedures on Aboriginal suspects.
(a) a constable intends to ask a suspect to consent...
...the constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander.
Requires informed consent for forensic procedures
...the constable intends to ask a suspect to consent to a forensic procedure.
(a) a constable intends to ask a suspect to consent to a forensic procedure; and...
(b) the constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander.
(a) a constable intends to ask a suspect to consent to a forensic procedure; and (b) the constable believes on reasonable grounds that...
23WG(2) Informed consent to forensic procedures—Aboriginal
Informed consent to forensic procedures—Aboriginal
(2) A suspect not covered by section 23WE gives informed consent to a forensic procedure...
Must comply with the rest of this section
The constable must comply with the rest of this section
The temporal interval is between the request and the consent
Constable must inform the suspect of matters
The constable must inform the suspect of the matters
23WG(3) Informed consent to forensic procedures—Aboriginal
Constable must not ask suspect to consent to forensic procedure without interview friend present, waiver, or reasonable grounds.
Prohibition of asking suspect to consent without interview friend present.
(3) The constable must not ask the suspect...
23WG(4) Informed consent to forensic procedures—Aboriginal
Notify Aboriginal legal assistance organisation of consent request
(a) inform the suspect that a representative of an Aboriginal legal assistance organisation will be notified...
...the suspect is to be asked to consent to a forensic procedure.
(b) notify such a representative that the suspect is to be asked to consent to a forensic procedure.
23WG(5) Informed consent to forensic procedures—Aboriginal
Exemption from compliance with subsection (4) under certain circumstances.
Permission from compliance with subsection (4)
The constable is not required to comply.
Under the specified circumstances, the exemption applies.
The exemption is applicable within the specified circumstances.
The constable is not required to comply with subsection (4) if...
The exemption applies during this time period.
The exemption is justified by the presence of a legal practitioner.
The exemption is justified under this condition.
23WH Constable may request suspect to consent to forensic
Constable may request suspect to consent to forensic procedure.
23WI Matters to be considered by constable before requesting
23WI(1) Matters to be considered by constable before requesting
Constable must be satisfied on balance of probabilities before requesting forensic procedure.
Constable must satisfy conditions before requesting procedure
(1) The constable must be satisfied on the balance of probabilities...
The constable must be satisfied on the balance of probabilities that...
Constable must have reasonable grounds to believe in procedure's likelihood
(b) there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove...
There are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove...
Procedure must be carried out in sequence of events
(a) the person on whom the procedure is proposed to be carried out is a suspect
The person on whom the forensic procedure is proposed to be carried out is a suspect
Constable's decision must be based on evidence and justification
(d) the person on whom the forensic procedure is proposed to be carried out is not a child or an incapable person
The person on whom the forensic procedure is proposed to be carried out is not a child or an incapable person
Procedure must occur within specific temporal interval
23WI(2) Matters to be considered by constable before requesting
Constable must balance public interests when requesting forensic procedure.
Constable has an obligation to balance public interests.
(2) In determining whether a request is justified in all the circumstances...
The constable must balance the public interest...
Constable has permission to consider foreign law enforcement agency requests.
The constable may balance the public interest...
23WI(3) Matters to be considered by constable before requesting
Constable must consider certain factors when requesting a detention.
Must consider the seriousness of circumstances and suspect's alleged participation.
(3) In balancing those interests, the constable must have regard to...
Consideration of suspect's age is within a reasonable timeframe.
23WJ Matters that suspect must be informed of before giving
Suspect must be informed of certain matters before giving consent to forensic procedure.
information about the purpose, offence, and consequences of not consenting
Must inform suspect of certain matters before giving consent.
Constable knows the suspect's rights and obligations.
Next step in forensic procedure must be informed to suspect.
Forensic procedure is a subclass of certain procedures.
Informing suspect implies consent to forensic procedure.
Forensic procedure must occur before certain actions.
23WK Withdrawal of consent
Forensic procedure cannot proceed without consent after withdrawal.
23WL Recording of giving of information and suspect’s responses
23WL(1) Recording of giving of information and suspect’s responses
Suspect must undergo forensic procedure within a specified time frame after presenting themselves. Constable must ensure information and suspect's responses are tape recorded.
Must provide forensic procedure within a time frame.
(1) If a suspect who is not in custody:...
...the procedure must be carried out as quickly as reasonably possible but in any case within the following period:
(d) in any other case—4 hours after the suspect so presents himself or herself.
...in any case within the following period: 4 hours after the suspect so presents himself or herself.
Recurring trace of suspect's presentation.
(b) presents himself or herself to the investigating constable to undergo the procedure;
...the suspect so presents himself or herself.
Diffusion of information about suspect's presentation.
(a) consents to a forensic procedure; and (b) presents himself or herself to the investigating constable to undergo the procedure;
23WL(2) Recording of giving of information and suspect’s responses
Exemptions from time limits for forensic procedures Constable must ensure written record of information and suspect's responses is made available to the suspect.
written record of information and suspect's responses
Constable must ensure written record is made.
23WM Non-intimate forensic procedure may be carried out by
23WM(1) Non-intimate forensic procedure may be carried out by
Authorisation to carry out non-intimate forensic procedure
(1) A person is authorised to carry out a non-intimate forensic procedure on a suspect by order of a senior police officer under section 23WN.
The person is authorized to carry out the procedure in accordance with Division 6 and not otherwise.
Temporal relationship between authorization and procedure execution
23WM(2) Non-intimate forensic procedure may be carried out by
Forensic procedures on children and incapable persons are prohibited.
Prohibits forensic procedures on children and incapable persons.
(2) This Division does not authorise the carrying out of a forensic procedure...
Forensic procedures on children and incapable persons are excluded from Division 23WM(2).
Division 23WM(2) excludes forensic procedures on children and incapable persons.
23WM(2A) Non-intimate forensic procedure may be carried out by
Carrying out of forensic procedure on suspect from foreign country or international tribunal is prohibited.
Prohibition of carrying out forensic procedure on suspect from foreign country or international tribunal.
(2A) This Division does not authorise the carrying out of a forensic procedure on a suspect if the procedure has been requested by: (a) a foreign country or international tribunal; or (b) a foreign law enforcement agency.
Prohibition of carrying out forensic procedure on suspect from foreign country or international tribunal is absolute and unconditional.
23WM(3) Non-intimate forensic procedure may be carried out by
(3) This Division does not authorise keeping a suspect in custody, in order to carry out a forensic procedure, after the expiration of the investigation period provided for by Part IC.
If it is necessary to keep a suspect in custody after the expiration of the Part IC investigation period in order to carry out a forensic procedure, an order of a magistrate under Division 5 will have to be obtained to authorise this.
23WM(4) Non-intimate forensic procedure may be carried out by
Permits carrying out of forensic procedure by constable during investigation period.
23WN Circumstances in which senior police officer may order
Senior police officer may order non-intimate forensic procedures on suspect in custody under certain conditions.
23WO Matters to be considered by senior police officer before
23WO(1) Matters to be considered by senior police officer before
Senior police officer must be satisfied about suspect's custody and offence relevance before proceeding with forensic procedure.
Obligation to satisfy conditions before proceeding.
(1) The senior police officer must be satisfied on the balance of probabilities...
The senior police officer MUST be satisfied...
Forensic procedure must be justified in all circumstances before proceeding.
(d) the carrying out of the forensic procedure without consent is justified in all the circumstances.
...the carrying out of the forensic procedure without consent is justified.
Senior police officer must be satisfied about suspect's custody before proceeding.
(a) The suspect is in the lawful custody of a constable.
...the suspect is in the lawful custody of a constable.
Senior police officer must be satisfied about offence relevance before proceeding.
(b) there are reasonable grounds to believe that the suspect committed a relevant offence.
...there are reasonable grounds to believe that the suspect committed a relevant offence.
Senior police officer must be satisfied about evidence relevance before proceeding.
(c) there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove...
...the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed a relevant offence.
23WO(2) Matters to be considered by senior police officer before
Senior police officer must balance public interests when deciding to carry out forensic procedure without consent.
Senior police officer has an obligation to balance public interests.
(2) In determining whether the carrying out of the forensic procedure without consent is justified in all the circumstances...
The senior police officer must balance the public interest...
Excerpt mentions a specific time frame for balancing public interests.
The senior police officer must balance public interests within a specific time frame.
Excerpt requires balancing competing public interests.
The senior police officer must balance the public interest in obtaining evidence against the public interest in upholding the suspect's physical integrity.
Excerpt requires consideration of multiple factors when deciding to carry out forensic procedure without consent.
The senior police officer must diffuse competing public interests.
Excerpt requires reasoning about balancing public interests.
The senior police officer must reason about balancing competing public interests.
23WO(3) Matters to be considered by senior police officer before
Senior police officer must consider certain matters when making decisions.
23WP Record of senior police officer’s order
23WP(1) Record of senior police officer’s order
Senior police officer must make a record of order, including date and time.
Senior police officer must make a record.
23WP(2) Record of senior police officer’s order
Senior police officer must provide a copy of the record to the suspect.
23WQ Forensic procedure may be carried out by order of
A person is authorised to carry out a forensic procedure on a suspect by order of a magistrate.
Authorization to carry out forensic procedure
Forensic procedure may be carried out by order of a magistrate
Magistrate's obligation to authorise forensic procedure
Temporal overlap between magistrate's order and forensic procedure
Forensic procedure may be carried out by order of a magistrate under section 23WS or 23XA
Implication of magistrate's order on forensic procedure
A person is authorised to carry out a forensic procedure on a suspect by order of a magistrate under section 23WS or 23XA
Propagated authorization from magistrate to forensic procedure
23WR Circumstances in which magistrate may order forensic
23WR(1) Circumstances in which magistrate may order forensic
A magistrate may order a forensic procedure on a suspect under certain circumstances.
Magistrate has the power to order a forensic procedure.
23WR(2) Circumstances in which magistrate may order forensic
Magistrate cannot order forensic procedure requested by foreign law enforcement agency.
Magistrate cannot order forensic procedure.
Foreign law enforcement agency requested the procedure.
Request from foreign agency overlaps with magistrate's authority.
Request from foreign agency diffuses to other agencies.
Magistrate's ordering is blocked by foreign agency request.
Request from foreign agency is invalid for magistrate's ordering.
23WS Final order for carrying out of forensic procedure
Magistrate must order carrying out of forensic procedure under specified conditions.
Magistrate must order carrying out of forensic procedure.
magistrate is required to order carrying out of forensic procedure
Magistrate may consider carrying out of forensic procedure.
magistrate has discretion to order carrying out of forensic procedure
Forensic procedure must be carried out after subsection 23WR(1) applies.
forensic procedure is carried out at some point after subsection 23WR(1) applies
Forensic procedure may be carried out before subsection 23WR(1) applies.
forensic procedure is carried out at some point before subsection 23WR(1) applies
Magistrate must consider carrying out of forensic procedure and section 23WT applies.
subsection 23WR(1) applies and section 23WT applies
magistrate has discretion to order carrying out of forensic procedure and section 23WT applies
23WT Matters to be considered by magistrate before ordering
23WT(1) Matters to be considered by magistrate before ordering
Magistrate must be satisfied on the balance of probabilities that certain conditions are met before ordering a forensic procedure.
Magistrate must be satisfied on the balance of probabilities.
There are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed a relevant offence.
...that the forensic procedure is likely to produce evidence...
The carrying out of the forensic procedure is justified in all circumstances.
(d) The carrying out...is justified in all the circumstances.
A constable has been authorized by the Attorney-General to apply for an order under this Part.
...has been requested by a foreign country or an international tribunal.
There are reasonable grounds to believe that the suspect committed a relevant offence.
...that there are reasonable grounds to believe...
23WT(2) Matters to be considered by magistrate before ordering
Balance public interests when ordering forensic procedures.
23WT(3) Matters to be considered by magistrate before ordering
Consider matters before ordering a forensic procedure.
(3) In balancing those interests, the magistrate must have regard to...
The magistrate MUST consider the matters.
Matters are considered before ordering a forensic procedure.
The matter >= ordering a forensic procedure.
Consideration by the magistrate implies ordering a forensic procedure.
If the magistrate considers the matter, then it implies ordering a forensic procedure.
Consideration by the magistrate is related to forensic procedures.
The consideration IS-A forensic procedure.
Consideration by the magistrate is a cognitive process.
The consideration IS-A cognitive process.
23WT(4) Matters to be considered by magistrate before ordering
Magistrate must consider religious beliefs of suspect in forensic procedure
Obligation to consider religious beliefs
(4) Without limiting the matters that the magistrate may take into account...
The magistrate must consider the religious beliefs of the suspect.
Temporal relationship between consideration and procedure
The magistrate must consider the religious beliefs of the suspect during the forensic procedure.
The magistrate must consider the religious beliefs of the suspect until the forensic procedure is completed.
Spread of consideration to other procedures
The consideration of the religious beliefs of the suspect will be spread through the forensic procedure.
The consideration of the religious beliefs of the suspect will be processed through artificial intelligence.
23WU Application for order
23WU(1) Application for order
Authorized applicant may apply for order to arrange forensic procedure.
23WU(2) Application for order
Application for order must be made in writing, supported by evidence, and specify type of forensic procedure.
Evidence on oath or affidavit, suspect's presence (subject to magistrate's order)
Application must be made in writing and supported by evidence.
Type of forensic procedure must be specified.
Suspect's presence is required (subject to magistrate's order).
23WV Securing the presence of suspect at hearing—suspect in
23WV(1) Securing the presence of suspect at hearing—suspect in
Magistrate must issue warrant for suspect's temporary custody.
Magistrate has an obligation to issue a warrant.
23WV(2) Securing the presence of suspect at hearing—suspect in
Return suspect to original custody without delay if application is refused or order is made at the end of detention period.
Application refused or order made at end of detention period
23WW Securing the presence of suspect at hearing—suspect not in
23WW(1) Securing the presence of suspect at hearing—suspect not in
Magistrate may issue summons or warrant for suspect's appearance at hearing.
Magistrate may issue summons or warrant.
23WW(2) Securing the presence of suspect at hearing—suspect not in
Application for summons must be made by information on oath and accompanied by affidavit.
Application must be made by information on oath.
23WW(3) Securing the presence of suspect at hearing—suspect not in
Magistrate must issue summons only if necessary to ensure suspect's appearance at hearing.
(3) The magistrate may issue a summons only if satisfied:
23WW(4) Securing the presence of suspect at hearing—suspect not in
Application for warrant must be made by information on oath and accompanied by affidavit.
Application must be made by information on oath and accompanied by affidavit.
23WW(5) Securing the presence of suspect at hearing—suspect not in
Magistrate may not issue warrant without justification.
Justification condition for warrant issuance
(5) The magistrate may issue a warrant only if satisfied: (a) that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application, and that the issue of a summons would not ensure that appearance; or (b) that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or (c) that the issue of the warrant is otherwise justified.
Alternative justification condition for warrant issuance
23WX Procedure at hearing of application for order
Order may only be made in presence of suspect concerned
(1) An order may only be made in the presence of the suspect concerned
The order must be made in the presence of the suspect concerned
(1) An order may only be made in the presence of the suspect concerned, subject to any contrary order made by the magistrate.
A contrary order can be made by the magistrate
Order must be made in presence of suspect concerned
Classifies as part of procedure at hearing
The excerpt is a part of the procedure at hearing
23WY Making of order
23WY(1) Making of order
Magistrate must give reasons, keep written record, order suspect to attend, and inform of reasonable force use.
23WY(2) Making of order
Directions for procedure timing, place, and manner
23XA Interim order for carrying out of a forensic procedure
23XA(1) Interim order for carrying out of a forensic procedure
Magistrate may make interim order for carrying out forensic procedure without delay under certain conditions.
23XA(2) Interim order for carrying out of a forensic procedure
Interim order operates until confirmed or disallowed by a magistrate.
23XA(3) Interim order for carrying out of a forensic procedure
Subdivision B applies in relation to an order confirming the interim order
23XB Application for interim order
23XB(1) Application for interim order
Authorized applicant may apply for interim order without delay.
Authorized applicant has the right to apply for interim order.
23XB(2) Application for interim order
Application for interim order must be supported by evidence.
Application for interim order is required.
Application for interim order is a requirement.
23XB(3) Application for interim order
Methods for making an application for interim order
23XB(4) Application for interim order
Must be present when application is made.
(4) The suspect must be in the presence of the authorised applicant when the application is made.
23XB(5) Application for interim order
Presence of interview friend or legal representative required for suspect
Requires presence of interview friend or legal representative
(5) If the suspect is: (a) a child; or (b) an incapable person;
An interview friend or legal representative must also be in the presence of the authorised applicant.
During interview, friend or legal representative must be present
Interview friend or legal representative must also be in the presence of the authorised applicant.
23XB(6) Application for interim order
Authorised applicant must have interview friend or legal representative present if suspect is Aboriginal person or Torres Strait Islander not covered by subsection (5).
Must have interview friend or legal representative present.
(6) If the applicant believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by subsection (5),
an interview friend or legal representative of the suspect must also be in the presence of the authorised applicant.
Temporal interval for the requirement to have an interview friend or legal representative present.
23XB(7) Application for interim order
Exemption from subsection (6) for applicants with reasonable grounds
23XB(8) Application for interim order
Must be in the presence of authorized applicant if legal representative is present.
Must be in the presence of authorized applicant.
Suspect must also be in the presence of authorized applicant.
Temporal relationship between legal representative and suspect.
Suspect meets temporal relationship with authorized applicant.
23XB(9) Application for interim order
Excluding interview friend from applicant's presence under certain conditions.
Prohibits exclusion of interview friend from applicant's presence.
(9) In spite of subsection (5) or (6), the suspect’s interview friend may be excluded...
23XC Procedure at hearing of application for interim order
23XC(1) Procedure at hearing of application for interim order
Ensure suspect, legal representative, and interview friend are given opportunity to speak.
23XC(2) Procedure at hearing of application for interim order
Ensure written submission or oral communication for suspect and legal representative.
Ensure written submission or oral communication.
...written submission or oral communication.
Ensure communication within a specific time frame.
23XD Making of interim order
Magistrate must inform applicant personally or by telephone.
23XE Records of application and interim order
23XE(1) Records of application and interim order
Applicant must make a record of application and grounds for interim order.
23XE(2) Records of application and interim order
Send a copy of the applicant's record to the magistrate as soon as practicable.
23XE(3) Records of application and interim order
Record of interim order made by magistrate
(a) the application; (b) the grounds for seeking the order; (c) the order made; (d) the date and time when the order was made; (e) the reasons for making it
Magistrate must make record of interim order
(3) The magistrate must, at the time of, or as soon as practicable after, making an interim order...
Record is made at a specific date and time
Magistrate's record implies that the application and grounds for seeking the order are provided
Record is a part of forensic procedures on suspect by order of a magistrate
23XE(4) Records of application and interim order
Must send a copy of the record to the applicant
The magistrate must send a copy of the record to the applicant
23XE(5) Records of application and interim order
Must provide suspect with copies of records
as soon as practicable after the applicant receives the magistrate’s record
23XE(6) Records of application and interim order
Order has no effect if records do not match
Applicant's record does not match Magistrate's record
23XF Suspect may be prevented from destroying or contaminating
23XF(1) Suspect may be prevented from destroying or contaminating
Prevent suspect from destroying or contaminating evidence
23XF(2) Suspect may be prevented from destroying or contaminating
Prevents carrying out forensic procedures before interim order is made
(2) Nothing in this section authorises any person to carry out a forensic procedure before an interim order is made.
No one may carry out a forensic procedure before an interim order is made.
Establishes the relationship between the prohibition and the condition
If no interim order has been made, then no one may carry out a forensic procedure.
23XG Results of forensic procedure carried out under interim order
23XG(1) Results of forensic procedure carried out under interim order
Analysis of sample under interim order is prohibited unless certain conditions are met.
(1) A sample taken under an interim order must not be analysed
(a) the sample is likely to perish before a final order is made
23XG(2) Results of forensic procedure carried out under interim order
Disclosing analysis results before final order is made or if interim order is disallowed.
(2) A person who conducts an analysis...
...must not intentionally disclose the results...
23XH Restrictions on publication
Restrictions on publication of suspect information
Prohibits intentional publication of suspect information
23XI General rules for carrying out forensic procedures
Forensic procedures must be carried out under certain conditions.
Prohibits carrying out forensic procedures in certain circumstances.
Forensic procedure must be carried out in circumstances affording reasonable privacy to the suspect.
Must not be carried out in the presence or view of a person who is of the opposite sex to the suspect.
Forensic procedure must be carried out while the suspect is not being questioned as defined in subsection 23B(6).
Must not be carried out while the suspect is being questioned as defined in subsection 23B(6).
Must not involve more visual inspection than is necessary for the carrying out of the procedure.
23XJ Use of force in carrying out forensic procedures
23XJ(1) Use of force in carrying out forensic procedures
Authorised person may use reasonable force to carry out forensic procedures.
Authorised person may use reasonable force.
23XJ(2) Use of force in carrying out forensic procedures
All forensic procedures must be carried out in accordance with professional standards.
23XK Forensic procedures not to be carried out in cruel, inhuman
Forensic procedures must not be carried out in cruel, inhuman or degrading manner.
Prohibits carrying out forensic procedures in cruel, inhuman or degrading manner.
23XL Taking of hair samples
Authorisation for taking hair samples under certain conditions.
Granting permission for a specific action.
The person takes only so much hair as the person believes is necessary
Permission granted to take a sample of hair.
Imposing an obligation on the person taking the sample.
The sample is taken using the least painful technique known and available to the person.
The person must use the least painful technique.
Prohibiting certain actions for taking hair samples.
The sample is not taken using a technique that causes unnecessary pain or discomfort.
This action must not cause unnecessary pain or discomfort.
Granting permission for the person to take hair samples under certain conditions.
Granting a right to the suspect to refuse taking a hair sample.
The person must inform the suspect that they have the right to refuse taking a sample of hair.
23XM Persons who may carry out forensic procedures
Specifies persons who may carry out forensic procedures under this Part.
23XN Certain forensic procedures generally to be carried out by
23XN(1) Certain forensic procedures generally to be carried out by
Forensic procedures must be carried out by a person of the same sex as the suspect.
Must be carried out by a person of the same sex as the suspect.
(1) If practicable, an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out: (a) if the suspect is an adult—by a person of the same sex as the suspect; or (b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.
23XN(2) Certain forensic procedures generally to be carried out by
(2) If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her...
The procedure must be carried out within a specific time frame.
The procedure must be carried out in a recursive manner.
The procedure must be carried out in a way that spreads to all relevant parties.
The procedure must be recognized by a cognitive agent.
23XN(3) Certain forensic procedures generally to be carried out by
Person asked under section 23XO to help carry out forensic procedure must be of same sex as suspect or chosen by suspect if child.
Must be of same sex as suspect or chosen by suspect if child.
(3) If practicable, a person asked under section 23XO to help carry out a forensic procedure...
Must not be inappropriate to help carry out forensic procedure.
Forensic procedure must be carried out within same temporal interval as suspect's age.
23XO Person may get help to carry out forensic procedures
23XO(1) Person may get help to carry out forensic procedures
A person authorized to carry out a forensic procedure can ask for help.
23XO(2) Person may get help to carry out forensic procedures
A person is not required to be a specific type for help with forensic procedures.
23XO(3) Person may get help to carry out forensic procedures
Use reasonable force to enable a forensic procedure.
(3) A person who is asked to help carry out a forensic procedure may...
Use reasonable force to enable the forensic procedure to be carried out.
Obligation to enable the forensic procedure.
Enable the forensic procedure to be carried out.
Temporal relation between enabling and carrying out.
Enabling occurs during the carrying out of the procedure.
Implication from enabling and carrying out.
If enabling occurs, then the procedure can be carried out.
Diffusion of obligation through enabling.
The obligation to enable diffuses through the person's actions.
23XP Medical practitioner or dentist of suspect’s choice may be
23XP(1) Medical practitioner or dentist of suspect’s choice may be
Suspect has right to request medical practitioner or dentist of choice during forensic procedure.
Expresses right to request medical practitioner or dentist.
23XP(2) Medical practitioner or dentist of suspect’s choice may be
Expert chosen may not be required to attend forensic procedure under certain circumstances.
23XQ Presence of interview friend or legal representative—children
23XQ(1) Presence of interview friend or legal representative—children
Presence of interview friend or legal representative required for children
(1) This section applies if the suspect is: (a) a child; or (b) an incapable person.
Implies need for interview friend or legal representative
Requires diffusion of information to interview friend or legal representative
Requires cognitive AI to facilitate interview friend or legal representative
23XQ(2) Presence of interview friend or legal representative—children
Presence of interview friend or legal representative required during forensic procedure.
Presence of interview friend or legal representative is required.
(2) Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect must be present while the forensic procedure is carried out.
Either an interview friend or a legal representative must be present.
Temporal interval for presence requirement.
The temporal interval for presence is during the forensic procedure.
Temporal trace for presence requirement.
The temporal trace for presence is during the forensic procedure.
The spread of the presence requirement is to all individuals involved in the forensic procedure.
Rational justification for presence requirement.
The presence of an individual is justified by their role in the forensic procedure.
23XQ(3) Presence of interview friend or legal representative—children
Excluding interview friends from forensic procedures
(3) An interview friend (other than a legal representative) of the suspect may be excluded from the place where the forensic procedure is being carried out...
The exclusion of an interview friend is prohibited.
Prohibits obstructing or interfering with procedures
(3) An interview friend unreasonably interferes with or obstructs the carrying out of the procedure.
The interference or obstruction is prohibited.
The interval of interference overlaps with the procedure.
The unreasonable behavior is prohibited.
23XR Presence of interview friend or legal representative—
23XR(1) Presence of interview friend or legal representative—
Investigating constable must believe on reasonable grounds that suspect is Aboriginal person or Torres Strait Islander not covered by section 23XQ.
(1) This section applies if the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by section 23XQ.
Section applies to investigating constable
23XR(2) Presence of interview friend or legal representative—
Temporal interval for presence of interview friend or legal representative.
The temporal interval for presence includes the time during which the forensic procedure is carried out.
Temporal trace for presence of interview friend or legal representative.
The temporal trace includes the time during which the forensic procedure is carried out.
Spread of presence requirement to related individuals.
The presence requirement spreads to related individuals.
Rationale for requiring presence of interview friend or legal representative.
The rationale is that either an interview friend or a legal representative must be present.
23XR(3) Presence of interview friend or legal representative—
Permission to waive interview friend presence
...the suspect expressly and voluntarily waives his or her right...
Voluntary waiver of interview friend presence
Investigating constable's belief about suspect's understanding
the investigating constable believes on reasonable grounds...
...that, having regard to the suspect’s level of education and understanding...
Temporal interval for waiver consideration
Waiver of interview friend presence obligation
23XR(4) Presence of interview friend or legal representative—
Excluding an interview friend from a forensic procedure if they unreasonably interfere.
Prohibits excluding an interview friend from a forensic procedure.
(4) An interview friend (other than a legal representative) of the suspect may be excluded...
An interview friend may not be excluded if they unreasonably interfere.
Traces the temporal interval of the prohibition.
(4) An interview friend (other than a legal representative)...
The prohibition applies during the time the interview friend unreasonably interferes.
Imposes an obligation on excluding an interview friend if they unreasonably interfere.
There is an obligation to exclude the interview friend if they unreasonably interfere.
Reiterates the prohibition on excluding an interview friend.
The exclusion is prohibited if it involves unreasonably interfering with the procedure.
23XS Presence of constables
23XS(1) Presence of constables
Limitation on number of constables present during forensic procedure
(1) The number of constables that may be present...
must not exceed that which is reasonably necessary
23XS(2) Presence of constables
Constable's presence is necessary for effective forensic procedure
(2) Where the presence of a constable...
Constable's presence overlaps with forensic procedure
The constable's presence overlaps with forensic procedure
Constable's presence implies effective forensic procedure
The constable's presence implies effective forensic procedure
Constable's presence diffuses to all who can ensure effective procedure
The constable's presence diffuses to all who can ensure effective procedure
Constable's presence is recognized as necessary for effective forensic procedure
The constable's presence is recognized as necessary for effective forensic procedure
23XT Recording of forensic procedure
23XT(1) Recording of forensic procedure
Carrying out of a forensic procedure must be video recorded unless the suspect objects or the recording is not practicable.
23XT(2) Recording of forensic procedure
Suspect must be informed of video recording before forensic procedure.
Reasons for video recording and protection provided by the video recording.
23XT(3) Recording of forensic procedure
No right to object to video recording of forensic procedure for Aboriginal/Torres Strait Islander friends
Section 23YE gives interview friends general powers
Video recording overlaps with interview friend's powers
Video recording is not subject to section 23XQ
Justifies prohibition on objecting to video recording
23XT(4) Recording of forensic procedure
Forensic procedure must be carried out in the presence of an independent person.
Temporal interval: presence of an independent person.
(4) If the carrying out of the forensic procedure is not to be video recorded, the forensic procedure must be carried out in the presence of an independent person (not a constable). Subdivision F—Procedure after forensic procedure is carried out
Temporal interval: carrying out of the forensic procedure.
Diffusion of information: presence of an independent person.
Artificial intelligence: presence of an independent person.
23XU Samples—sufficient material to share
23XU(1) Samples—sufficient material to share
Granting permission to share sample material
(a) a sample is taken from a suspect under this Part; and (b) the suspect requests the investigating constable that the sample be shared;
There is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect.
Temporal overlap between request and analysis
(1) This section applies if: (a) a sample is taken from a suspect under this Part; and (b) the suspect requests the investigating constable that the sample be shared;
The request to share the sample material overlaps with the analysis.
Temporal relationship between request and analysis
The request to share the sample material occurs before or at the same time as the analysis.
Propagation of request through investigation
The request to share the sample material spreads through the investigation.
Inference of sufficiency from conditions
If the conditions are met, then there is sufficient material to share.
23XU(2) Samples—sufficient material to share
The investigating constable must invite the suspect to nominate an accredited laboratory.
The investigating constable must invite the suspect.
23XU(3) Samples—sufficient material to share
Must provide material to accredited laboratory within 28 days
23XV Photographs
Suspect must be provided with a copy of the photograph taken during forensic procedure.
Must provide copy of photograph to suspect
23XW Results of analysis
Must provide analysis results to suspect upon request.
Investigating constable knows analysis results.
23XX Inadmissibility of evidence from improper forensic
23XX(1) Inadmissibility of evidence from improper forensic
Prohibition on using evidence from improper forensic procedures
Prohibits the use of evidence from improper forensic procedures
23XX(2) Inadmissibility of evidence from improper forensic
Exemptions from inadmissibility of improper forensic evidence
23XX(3) Inadmissibility of evidence from improper forensic
Excludes evidence from improper forensic procedures.
(3) This section applies to: (a) evidence of forensic material, or evidence consisting of forensic material, taken from the person by the forensic procedure;
Imposes an obligation on those who would use such evidence.
23XY Inadmissibility of evidence where forensic material required
23XY(1) Inadmissibility of evidence where forensic material required
Prohibition on using forensic material in evidence
Prohibits the use of forensic material in evidence
(1) If a provision of this Part requires forensic material taken from a person by a forensic procedure to be destroyed
Requires overlap between the destruction of forensic material and its use in evidence
(c) any results of the analysis of the forensic material; and (d) any other evidence made or obtained as a result of or in connection with the carrying out of the forensic procedure
Requires destruction of forensic material until its use in evidence is complete
Requires containment of the use of forensic material in evidence until its destruction is complete
(a) evidence of the forensic material; and (b) if the material has not been destroyed—evidence consisting of the forensic material
Requires inference from the destruction of forensic material to its use in evidence
23XY(2) Inadmissibility of evidence where forensic material required
Evidence from forensic material is not admissible in proceedings against the person, but may be admissible if adduced by the person.
Prohibition of evidence from forensic material in proceedings against the person.
(2) The results of the analysis, and the other evidence, are not admissible if adduced by the prosecution in any proceedings against the person.
Permission to use evidence from forensic material in proceedings by the person.
Temporal interval for when evidence from forensic material is admissible or inadmissible.
Temporal trace for when evidence from forensic material is used in proceedings.
Spread of information about when evidence from forensic material is admissible or inadmissible.
23XZ Admissibility of evidence relating to consent to forensic
Evidence of refusal or withdrawal of consent is not admissible in proceedings.
23YA Admissibility of evidence relating to carrying out of forensic
Evidence of forensic procedure admissibility in court proceedings
23YB Obstructing the carrying out of forensic procedure
23YB(1) Obstructing the carrying out of forensic procedure
This section applies where a constable or magistrate has ordered the carrying out of a forensic procedure on a suspect under this Part.
Imposes an obligation on the state to carry out forensic procedures.
23YB(2) Obstructing the carrying out of forensic procedure
Refusal to comply with forensic procedure or obstructing its carrying out is prohibited.
Prohibition of obstructing forensic procedure
is admissible in any proceedings against the suspect in respect of a relevant offence.
Temporal overlap between refusal to comply and obstruction
evidence that the suspect refused to comply with any reasonable direction in connection with the carrying out of the forensic procedure; or evidence that the suspect obstructed, resisted, hindered, used violence against, threatened or intimidated a person in connection with the carrying out of the forensic procedure;
Diffusion of information about obstructive behavior
Recognition of obstructive behavior by AI system
23YB(3) Obstructing the carrying out of forensic procedure
Forensic procedure must be carried out satisfactorily for evidence to be admissible.
Prohibits obstructing forensic procedure.
(3) Evidence described in subsection (2) is not admissible if the forensic procedure was in fact carried out satisfactorily.
Implies that forensic procedure is a requirement for admissibility of evidence.
Requires forensic procedure to occur before evidence can be admitted.
Implies that forensic procedure is a necessary condition for admissibility of evidence.
Classifies forensic procedure as a requirement for admissibility of evidence using artificial intelligence.
23YB(4) Obstructing the carrying out of forensic procedure
Refusing to comply with direction or obstructing forensic procedure is not admissible as evidence.
Refusal or obstruction is not admissible as evidence
23YB(5) Obstructing the carrying out of forensic procedure
Does not apply to proceedings in foreign countries or international tribunals.
23YC Destruction of forensic material where interim order
23YC(1) Destruction of forensic material where interim order
Ensure destruction of forensic material and provide results to suspect.
23YC(2) Destruction of forensic material where interim order
Destroy forensic material after specified period
23YD Destruction of forensic material after 12 months
23YD(1) Destruction of forensic material after 12 months
Destruction of forensic material after 12 months is prohibited.
Prohibits destruction of forensic material after 12 months.
23YD(2) Destruction of forensic material after 12 months
Destroy forensic material after 12 months if no proceedings instituted.
a period of 12 months has elapsed since the forensic material was taken
the forensic material must be destroyed as soon as practicable unless a warrant for apprehension of the suspect has been issued
23YD(3) Destruction of forensic material after 12 months
Destroy forensic material after 12 months if conviction is recorded or acquittal is confirmed.
Temporal interval between destruction and acquittal
(b) the suspect is acquitted of such an offence and...
23YD(4) Destruction of forensic material after 12 months
Destroy forensic material after 12 months if warrant lapses or suspect apprehended within 12 months
(4) If a warrant for the apprehension of the suspect is issued during the period of 12 months after forensic material is taken...
The forensic material must be destroyed as soon as practicable after (a) the warrant lapses; or (b) a period of 12 months elapses after the suspect is apprehended.
Temporal interval for destruction of forensic material
Conditional destruction of forensic material
Inference from warrant lapse or suspect apprehension
23YD(5) Destruction of forensic material after 12 months
Magistrate may extend retention period for forensic material under special reasons.
23YD(6) Destruction of forensic material after 12 months
Magistrate must notify person from whom forensic material was taken before extending period.
1 Section 1
Crime scene must be present if suspects are within the purpose.
5 Section 5
Serious offenders are subject to this provision.
Indicates that serious offenders are subject to this provision.
6 Section 6
6(2) Section 6
Reckless matching of DNA profiles is prohibited. Ensure removal of identifying information from DNA database system after end of identifying period.
Prohibits reckless matching of DNA profiles.
(a) the person’s conduct causes the matching that is not permitted by this Part of a DNA profile...
(b) the person is reckless as to any such matching of profiles.
Implies imprisonment if reckless conduct occurs.
No identifying information should be retained
6(3) Section 6
Exemption for administering Commonwealth DNA database system
Allows conduct not permitted by the Part for a specific purpose
6(1) Section 6
Offence of recording or retaining identifying information from forensic material without destruction.
Prohibits recording or retaining identifying information from forensic material without destruction.
(a) the person’s conduct causes any identifying information about a person obtained from forensic material taken from the person under this Part to be recorded or retained in the Commonwealth DNA database system at any time after this Part requires the forensic material to be destroyed;
The destruction of forensic material overlaps with the recording or retention of identifying information.
(1) A person commits an offence if: (a) the person’s conduct causes any identifying information about a person obtained from forensic material taken from the person under this Part to be recorded or retained in the Commonwealth DNA database system at any time after this Part requires the forensic material to be destroyed;
The destruction of forensic material is a prerequisite for recording or retention of identifying information.
There is an obligation to destroy forensic material before recording or retaining identifying information.
23YE Powers etc. of legal representatives and interview friends
23YE(1) Powers etc. of legal representatives and interview friends
A legal representative or interview friend can make a request or objection on behalf of a suspect or offender.
Legal representative or interview friend
23YE(2) Powers etc. of legal representatives and interview friends
Interview friend or legal representative must be informed of matter in language they can communicate with fluency.
Must inform interview friend or legal representative in language they can communicate with fluency.
23YF Obligation of investigating constables relating to tape
23YF(1) Obligation of investigating constables relating to tape
Investigating constable must provide certain recordings to suspect, offender or volunteer.
23YF(2) Obligation of investigating constables relating to tape
Investigating constable must provide suspect, offender or volunteer with opportunity to view video recording.
Must provide opportunity to view video recording.
23YF(3) Obligation of investigating constables relating to tape
Destroy video recording of forensic procedure if section 23YD requires destruction of material.
(3) If section 23YD requires forensic material...
Video recording contains destruction of material
23YG Material required to be made available to suspect, offender or
23YG(1) Material required to be made available to suspect, offender or
Material must be made available to suspect, offender or volunteer.
23YG(2) Material required to be made available to suspect, offender or
Material must be made available within 14 days after creation or request.
Material must be provided within a specified timeframe.
23YG(3) Material required to be made available to suspect, offender or
23YH No charge to be made for giving material etc. to suspects,
No charge for providing material or video recording to suspects, offenders, or volunteers.
23YI Proof of belief or suspicion
Prosecution must prove belief or suspicion on reasonable grounds.
Prosecution has an obligation to prove...
Prosecution must believe on reasonable grounds...
23YJ Proof of impracticability
Prosecution must prove impracticability on balance of probabilities.
23YK Proof of voluntary waiver of certain rights
Prosecution must prove Aboriginal person or Torres Strait Islander waived a right.
23YL Liability for forensic procedures
No liability for civil or criminal actions in good faith during forensic procedures.
23YM Experts not obliged to carry out forensic procedures
No obligation on experts to carry out forensic procedures.
23YN Retention of electronic recordings
23YN(1) Retention of electronic recordings
Commissioner directs retention period for electronic recordings.
23YN(2) Retention of electronic recordings
Protection against unauthorized access or use of electronic recordings
(2) A recording that is retained under this section...
...stored so as to protect it against unauthorised access or use by any person.
Defines a temporal interval for protection
...is to be stored so as to protect it against unauthorised access or use by any person.
Diffuses protection across electronic recordings
Applies protection AI to electronic recordings
Validates electronic recordings for protection
23YO Disclosure of information
23YO(1) Disclosure of information
Disclose information stored on Commonwealth DNA database system or NCIDD without causing disclosure.
Temporal interval between disclosure and access to Commonwealth DNA database system or NCIDD
(b) the person’s conduct causes the disclosure of information other than as provided by this section;
Prohibition on disclosing information without access to Commonwealth DNA database system or NCIDD
(c) the person is reckless as to any such disclosure.
Implication of reckless conduct on obligation to disclose information
23YO(1A) Disclosure of information
Exemption from disclosure of information stored on NCIDD under certain circumstances.
23YO(2) Disclosure of information
Disclosure of information for specific purposes
23YP Taking, retention and use of forensic material
23YP(1) Taking, retention and use of forensic material
Taking, retention and use of forensic material is authorized by law.
23YP(2) Taking, retention and use of forensic material
Retention and use of forensic material from a State or Territory for Commonwealth purposes.
Allows retention and use of forensic material.
23YP(3) Taking, retention and use of forensic material
Retention and use of forensic material from a State or Territory law for Commonwealth purposes.
Permission to retain and use forensic material.
23YQ Commissioner may delegate functions and powers
23YQ(1) Commissioner may delegate functions and powers
Commissioner may delegate functions and powers to a constable or AFP appointee.
(1) The Commissioner of the Australian Federal Police may delegate...
23YQ(2) Commissioner may delegate functions and powers
Commissioner may delegate functions and powers
23YR Relationship with Part IAA
Exemptions from taking identification material from suspects under 18 or in lawful custody
Prohibits taking identification material from specified suspects
23YS Relationship with Part IC
23YS(1) Relationship with Part IC
Nothing in this Part limits rights and protections of Part IC.
Part IC's provisions imply this obligation.
This Part does not limit rights and protections of Part IC.
23YS(2) Relationship with Part IC
Rights and protections of Part IC are in addition to those of this Part.
23YU Application of other laws
23YU(1) Application of other laws
Exemptions from this Part do not limit other laws.
23YU(2) Application of other laws
Avoids doubt about using powers from this Part despite other laws.
Obligation to use powers from this Part despite other laws.
a similar power conferred by this Part may be used...
...despite the existence of the power under the other law.
23ZA Application
This Part applies to a thing that is child abuse material or contains child abuse material.
The provision applies to the specified thing.
23ZB Forfeiture of material by operation of law
23ZB(1) Forfeiture of material by operation of law
Constable may give forfeiture notice if reasonably believes forfeitable thing is derived from or used in connection with a Commonwealth child sex offence.
Constable reasonably believes forfeitable thing is derived from or used in connection with a Commonwealth child sex offence.
Temporal interval for 'reasonable belief'
Power to give forfeiture notice during the period of reasonable belief.
Mandatory power to give forfeiture notice
23ZB(2) Forfeiture of material by operation of law
Notice must be given to owner or possessor of forfeitable thing.
Constable must give notice to owner or possessor.
23ZB(3) Forfeiture of material by operation of law
Forfeiture of material by operation of law
Prohibits the possession or use of forfeitable material
(3) The forfeiture notice is a notice that...
...the thing will be forfeited to the Commonwealth 30 days after the notice is given, unless any of the following persons object...
Classifies the forfeitable material as a thing
...the thing will be forfeited to the Commonwealth...
Defines a temporal interval for forfeiture
30 days after the notice is given, unless any of the following persons object...
...the thing will be forfeited to the Commonwealth 30 days after the notice is given, unless...
Spreads the forfeiture notice to relevant parties
(i) a person who owns the thing (either alone or with other persons);
...the head of the police force that includes the constable:
Requests notification to relevant parties
(g) requests a person claiming compensation for forfeiture of the thing to notify...
...the head of the police force of the claim.
Defines the circumstances under which compensation is payable
(f) explains the circumstances in which compensation is payable...
...in connection with forfeiture of the thing;
23ZB(4) Forfeiture of material by operation of law
Give notice to anyone directly or indirectly affected by the proposed forfeiture.
23ZB(5) Forfeiture of material by operation of law
Forfeiture of material to Commonwealth at end of period if no objection
Imposes duty on Commonwealth to forfeit material
23ZB(6) Forfeiture of material by operation of law
Head of police force must instruct Director to apply for forfeiture order.
Section 23ZD applies to forfeitable things
Timeframe for instruction must be before forfeiture application
Application must be made within timeframe
Instruction must be before forfeiture application
23ZC Providing copies of innocuous parts of material to be forfeited
23ZC(1) Providing copies of innocuous parts of material to be forfeited
Request for copy of innocuous parts of material to be forfeited
Obligation to provide copy of innocuous parts
Class inclusion: Requested data is specified clearly enough to enable identification
Request includes specified parts of the thing
Data is included in class of requested parts
Temporal overlap: Request made within 30 days
Request is made less than 30 days after notice
Implication: Request implies need for copy
Propagated claim: State must provide copy
State propagates claim of providing copy
23ZC(2) Providing copies of innocuous parts of material to be forfeited
Police head must comply with request for innocuous parts of material to be forfeited.
Conditional compliance based on reasonableness.
23ZC(3) Providing copies of innocuous parts of material to be forfeited
Exemption from providing copies of innocuous parts of material to be forfeited under certain conditions.
Prohibits providing copies under certain conditions.
23ZC(4) Providing copies of innocuous parts of material to be forfeited
The court may order the person to pay costs incurred by the police force in complying with a request.
The court may order the person to pay costs.
23ZD Forfeiture of material by court order on application
23ZD(1) Forfeiture of material by court order on application
Forfeiture of material by court order on application for Commonwealth child sex offence
Prohibits the commission of a Commonwealth child sex offence
The court must order forfeiture to the Commonwealth
No person can commit a Commonwealth child sex offence
The court is satisfied in the course of criminal proceedings
Criminal proceedings overlap with the application for forfeiture
23ZD(2) Forfeiture of material by court order on application
Notice must be given to those who claim ownership or would be affected by the proposed forfeiture.
Temporal interval for notice to be given
(2) The Director of Public Prosecutions must give written notice of the application to anyone:
23ZD(3) Forfeiture of material by court order on application
Court may make interim orders on application for forfeiture of material
23ZD(4) Forfeiture of material by court order on application
Court may order forfeiture of material without notice or finding of specific offence.
Court may prohibit material forfeiture without notice or finding of specific offence.
...may be made even if a person entitled to be given notice of the application fails to appear at the hearing of the application;
Court may order forfeiture at any time without notice or finding of specific offence.
Court may order forfeiture repeatedly without notice or finding of specific offence.
...need not be based on a finding as to the commission of a particular Commonwealth child sex offence;
Court may diffuse responsibility for material forfeiture without notice or finding of specific offence.
...can be based on a finding that some such offence was committed;
Court may classify material as forfeitable using artificial intelligence without notice or finding of specific offence.
...need not be based on a finding that a particular person committed a Commonwealth child sex offence.
23ZD(5) Forfeiture of material by court order on application
The court may order the Commonwealth to pay compensation to a person who owns or has property in electronic equipment under certain conditions.
The court may order the Commonwealth to pay compensation.
The person did not commit, is not and has not been convicted of, the Commonwealth child sex offence before the hearing.
Person A did not commit, is not and has not been convicted of, the Commonwealth child sex offence.
The person is not the subject of proceedings in another court relating to the Commonwealth child sex offence and has not been the subject of such proceedings in connection with which an appeal may still be lodged as of right.
Person A is not the subject of proceedings in another court relating to the Commonwealth child sex offence.
Person A is not under investigation for the crime.
23ZE Effect of forfeiture under this Part
23ZE(1) Effect of forfeiture under this Part
This section applies if a thing is forfeited to the Commonwealth under this Part.
23ZE(2) Effect of forfeiture under this Part
The thing becomes property of Commonwealth upon forfeiture.
it becomes the property of the Commonwealth.
23ZE(3) Effect of forfeiture under this Part
(3) A constable may, without warrant, seize the thing.
23ZE(4) Effect of forfeiture under this Part
The Commissioner may deal with the thing in any way he or she considers appropriate.
23ZE(5) Effect of forfeiture under this Part
Police head may deal with seized thing in any way they consider appropriate
(5) However, if the thing is in the custody of a constable...
The head of the police force may deal with the thing in any way he or she considers appropriate
Temporal overlap between police action and thing
23ZE(6) Effect of forfeiture under this Part
Subsections (3), (4) and (5) have effect despite section 9.
23ZF Compensation for forfeiture of electronic equipment etc.
23ZF(1) Compensation for forfeiture of electronic equipment etc.
Person entitled to compensation for forfeited electronic equipment
(a) a thing that is a computer, data storage device or other electronic equipment is forfeited under this Part;
The person owned, had a right to possess or had other property in the thing immediately before the forfeiture.
(b) the person owned, had a right to possess or had other property in the thing immediately before the forfeiture.
The person is entitled to compensation for the forfeited electronic equipment during the period of ownership.
Everywhere the person owns or had a right to possess the thing
The person is entitled to compensation for the forfeited electronic equipment everywhere they own or had a right to possess it.
The state has a duty to provide compensation to the person for the forfeited electronic equipment.
The state has permission to provide compensation to the person for the forfeited electronic equipment.
23ZF(2) Compensation for forfeiture of electronic equipment etc.
Commonwealth liable for compensation on forfeiture of electronic equipment.
23ZF(3) Compensation for forfeiture of electronic equipment etc.
Compensation for forfeiture of electronic equipment etc.
23ZG Delegation by head of police force
Head of police force may delegate powers to a constable.
30J Industrial disturbances, lock-outs and strikes
30J(1) Industrial disturbances, lock-outs and strikes
Governor-General may make a Proclamation in case of serious industrial disturbance.
(1) If at any time the Governor-General is of opinion that there exists in Australia a serious industrial disturbance...
...he or she may make a Proclamation to that effect, which Proclamation shall be and remain in operation for the purposes of this section until it is revoked.
Knowledge representation through proclamation
30J(2) Industrial disturbances, lock-outs and strikes
Participation in or incitement to a lock-out or strike during the operation of a proclamation.
Participation in or incitement to a lock-out or strike.
30J(3) Industrial disturbances, lock-outs and strikes
Definition of employee and employer for section 30J(3)
employee includes any person whose usual occupation is as an employee
employer includes any person whose usual occupation is as an employer
lock-out includes the closing of a place or part of a place of employment, if the closing is unreasonable
lock-out includes the total or partial refusal of employers, acting in combination, to give work, if the refusal is unreasonable
lock-out includes the suspension of work by an employer, if the suspension is unreasonable
lock-out includes the total or partial suspension of work by an employer, if the suspension is unreasonable
the total or partial refusal of employers, acting in combination, to give work
the total or partial suspension of work by an employer
30K Obstructing or hindering the performance of services
Obstructing or hindering public service performance
Prohibits obstructing or hindering public service performance
Obstructing or hindering public service performance is prohibited.
Prohibits compelling or inducing surrender or departure from employment
(b) compels or induces any person employed in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth to surrender or depart from his or her employment;
Compelling or inducing surrender or departure from employment is prohibited.
Prohibits preventing offering or accepting employment
(c) prevents any person from offering or accepting employment in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth;
Preventing offering or accepting employment is prohibited.
31 Judicial proceeding and tribunal definitions
Defines judicial proceeding and tribunal.
Classifies judicial proceeding and tribunal.
judicial proceeding means (other than in section 3L): a proceeding in or before a court; or a proceeding: before a body, or a person, acting under a law of the Commonwealth, of a State or of a Territory; and in which evidence may be taken on oath.
judicial tribunal means a body or person (other than a court) before whom a judicial proceeding is conducted.
34 Judge or magistrate acting oppressively or when interested
34(1) Judge or magistrate acting oppressively or when interested
Judge or magistrate acting oppressively or when interested
Prohibits judge or magistrate acting oppressively or when interested
34(2) Judge or magistrate acting oppressively or when interested
Defendant bears evidential burden in relation to reasonable excuse.
Subsection (1) does not apply if the judge or magistrate has a reasonable excuse.
Defendant bears evidential burden in relation to the matter in subsection (2).
Judge or magistrate must provide reason for not applying subsection (1).
(2) Subsection (1) does not apply if the judge or magistrate has a reasonable excuse.
The judge or magistrate must provide a reasonable excuse for not applying subsection (1).
Judge or magistrate believes in reasonable excuse.
The judge or magistrate believes that they have a reasonable excuse for not applying subsection (1).
Reasonable excuse is an interval of belief.
The reasonable excuse is an interval of time during which the judge or magistrate believes that they have a valid reason for not applying subsection (1).
34(3) Judge or magistrate acting oppressively or when interested
(3) Absolute liability applies to the paragraph (1)(e) element of the offence.
The judge or magistrate must not act oppressively or when interested.
34(4) Judge or magistrate acting oppressively or when interested
Judge or magistrate acting oppressively or when interested is prohibited.
Prohibition of oppressive behavior by judges or magistrates.
...the judge or magistrate has a personal interest in the matter;
Temporal overlap between oppressive behavior and personal interest.
Recurring trace of oppressive behavior by judges or magistrates.
...the judge or magistrate perversely exercises jurisdiction in a matter;
Diffusion of knowledge about oppressive behavior by judges or magistrates.
Analysis of cognitive biases in judges or magistrates.
35 Giving false testimony
35(1) Giving false testimony
Giving false testimony in a federal judicial proceeding is prohibited.
Prohibits giving false testimony in a federal judicial proceeding.
Prohibits giving false testimony with the intention of instituting a judicial proceeding.
Prohibits giving false testimony in a judicial proceeding.
(a) the person gives false testimony touching a matter;
35(2) Giving false testimony
35(3) Giving false testimony
35(4) Giving false testimony
Exemptions from admissibility of false testimony
36 Fabricating evidence
36(1) Fabricating evidence
Fabricating evidence in federal judicial proceedings is prohibited.
Prohibits fabricating evidence in federal judicial proceedings.
36(2) Fabricating evidence
Defines the temporal scope of section 36(2)
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Section 36(2) is during the application of absolute liability to paragraph (1)(c) of the offence
36A Intimidation of witnesses etc.
36A(1) Intimidation of witnesses etc.
Threatening or intimidating a witness in a federal judicial proceeding is prohibited.
Prohibition of threatening or intimidating a witness in a federal judicial proceeding.
(1) A person (the first person) commits an offence if...
Prohibition of using violence to or inflicting injury on a witness in a federal judicial proceeding.
(i) threatens, intimidates or restrains another person;
Prohibition of causing or procuring violence, damage, loss, or disadvantage to a witness in a federal judicial proceeding.
(iii) causes or procures violence, damage, loss or disadvantage to another person;
36A(2) Intimidation of witnesses etc.
Absolute liability applies to the paragraph (1)(c) element of the offence.
37 Corruption of witnesses
37(1) Corruption of witnesses
Giving or receiving property to influence a witness in a judicial proceeding is prohibited.
Prohibition of influencing a witness in a judicial proceeding.
(a) the first person does so upon an agreement or understanding that any person called, or to be called, as a witness in a judicial proceeding will: (i) give false testimony; or (ii) withhold true testimony;
The first person commits an offence if...
Prohibition of receiving property to influence a witness in a judicial proceeding.
(iii) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person;
Prohibition of promising to give or confer property to influence a witness in a judicial proceeding.
(ii) promises or offers to give, to confer, to procure or to attempt to procure any property, or benefit, of any kind to, upon or for another person;
Prohibition of agreeing to receive property to influence a witness in a judicial proceeding.
(iv) agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person;
Prohibition of giving property to influence a witness in a judicial proceeding.
(i) gives, confers or procures any property, or benefit, of any kind to, upon or for another person;
37(2) Corruption of witnesses
37(3) Corruption of witnesses
Committing an offence if inducing false testimony in a judicial proceeding.
Obligation to not induce false testimony in a judicial proceeding.
(3) A person commits an offence if: (a) the person does an act; and (b) the person does so with the intention of inducing a person called, or to be called, as a witness in a judicial proceeding:
Prohibition on inducing false testimony in a judicial proceeding.
The person must not induce false testimony.
Temporal overlap: The act and the judicial proceeding overlap.
The act overlaps with the judicial proceeding.
Temporal until: The act occurs before the judicial proceeding.
The act occurs before the judicial proceeding.
38 Deceiving witnesses
38(1) Deceiving witnesses
38(2) Deceiving witnesses
39 Destroying evidence
39(1) Destroying evidence
Destroying evidence in a federal judicial proceeding is prohibited.
Prohibits destroying evidence in a federal judicial proceeding.
(a) the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding;
(b) the person: (i) destroys the book, document or thing;
Prohibits rendering evidence illegible, undecipherable or incapable of identification.
(b) the person: (ii) renders the book, document or thing illegible, undecipherable or incapable of identification;
Prohibits destroying evidence with the intention of preventing it from being used in evidence.
(c) the person does so with the intention of preventing the book, document or thing from being used in evidence;
(d) the judicial proceeding is a federal judicial proceeding.
39(2) Destroying evidence
Absolute liability applies for destroying evidence.
40 Preventing witnesses from attending Court
40(1) Preventing witnesses from attending Court
Preventing witnesses from attending Court
Prohibits preventing witnesses from attending Court
(1) A person (the first person) commits an offence if: (a) another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and (b) the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and (c) the judicial proceeding is a federal judicial proceeding.
40(2) Preventing witnesses from attending Court
Prohibits witnesses from attending Court
41 Conspiracy to bring false accusation
41(1) Conspiracy to bring false accusation
Conspiracy to bring false accusation is prohibited.
Prohibits conspiracy to bring false accusation.
41(1A) Conspiracy to bring false accusation
41(2) Conspiracy to bring false accusation
Agreement required for conspiracy to bring false accusation
(2) For a person to be guilty of an offence against subsection (1):
the person must have entered into an agreement with one or more other persons;
the person and at least one other party to the agreement must have intended that a person be charged falsely with an offence pursuant to the agreement;
the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement;
Overt act must occur during agreement period
the overt act must have occurred during the time the agreement was in effect;
Requires at least one other party for conspiracy
at least one other party to the agreement must have intended that a person be charged falsely with an offence pursuant to the agreement;
41(3) Conspiracy to bring false accusation
A person may be found guilty of an offence against subsection (1)
41(4) Conspiracy to bring false accusation
No person can be found guilty of an offence against subsection (1) if all other parties to the agreement have been acquitted of such an offence.
If all parties are acquitted, then no person can be found guilty.
All other parties to the agreement have been acquitted of such an offence.
No person can be found guilty of an offence against subsection (1).
The condition overlaps with the description 'no person can be found guilty of an offence against subsection (1)'.
The condition is until the point where all other parties to the agreement have been acquitted of such an offence.
The condition diffuses into the description 'no person can be found guilty of an offence against subsection (1)'.
The condition is recognized by the AI system as a necessary condition for 'no person can be found guilty of an offence against subsection (1)'.
41(5) Conspiracy to bring false accusation
Must take reasonable steps to prevent false charging before committing an overt act.
Must take reasonable steps to prevent false charging.
41(6) Conspiracy to bring false accusation
Court may dismiss charge if interests of justice require it.
Court thinks interests of justice require dismissal
41(7) Conspiracy to bring false accusation
Exempts subsection (1) from section 11.1 of the Criminal Code.
42 Conspiracy to defeat justice
42(1) Conspiracy to defeat justice
Conspiring to obstruct justice is prohibited.
Prohibits conspiracy to obstruct justice.
42(2) Conspiracy to defeat justice
Absolute liability applies to the paragraph (1)(b) element of the offence.
42(3) Conspiracy to defeat justice
Guilty of an offence against subsection (1)
43 Attempting to pervert justice
43(1) Attempting to pervert justice
Attempting to obstruct or pervert justice is prohibited.
Prohibits attempting to obstruct or pervert justice.
(1) A person commits an offence if: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the judicial power is the judicial power of the Commonwealth. Penalty: Imprisonment for 10 years.
43(2) Attempting to pervert justice
Absolute liability applies for attempting to pervert justice.
The state is obliged to prevent perverting justice.
43(3) Attempting to pervert justice
Conduct must be more than merely preparatory to the commission of the offence.
Mere preparation is not enough to constitute an obligation.
(3) For the person to be guilty of an offence against subsection (1), the person’s conduct must be more than merely preparatory to the commission of the offence.
The conduct must be more than mere preparation.
Conduct must occur during a specific time period.
The conduct must occur during a specific time period.
Conduct must continue until a certain point in time.
The conduct must continue until a certain point in time.
Conduct is diffused through a specific medium.
The conduct is diffused through a specific medium.
Conduct is performed with a specific cognitive function.
The conduct is performed with a specific cognitive function.
43(4) Attempting to pervert justice
Guilty if attempting to pervert justice is impossible
(4) A person may be found guilty of an offence against subsection (1)
The action of perverting justice overlaps with subsection (1)
The action of perverting justice is until the impossibility of doing so
The action of perverting justice diffuses into subsection (1)
The system recognizes the action of perverting justice as a class
44 Compounding offences
Agreement to compound or conceal an offence
Obligation to compound or conceal an offence
45 Inserting advertisements without authority of court
45(1) Inserting advertisements without authority of court
Inserting advertisements without court authority is prohibited.
Prohibits inserting advertisements without court authority.
45(2) Inserting advertisements without authority of court
45A Criminal detention definitions
Defines criminal detention in respect of an offence.
States the definition of criminal detention.
Defines a subclass of 'detention' as 'criminal detention'.
46 Aiding prisoner to escape
Aiding prisoner to escape is prohibited.
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person aids the prisoner: (i) to escape from that detention; or (ii) to attempt to escape from that detention; and (c) the prisoner escapes, or attempts to escape, from that detention;
46A Aiding prisoner to escape—conveying thing into prison etc.
46A(1) Aiding prisoner to escape—conveying thing into prison etc.
Conveying a thing into prison to facilitate prisoner escape is prohibited.
Prohibition of conveying a thing into prison to facilitate prisoner escape.
Conveying a thing into prison occurs between the first person and the prisoner.
Conveying a thing into prison occurs until the prisoner escapes.
Conveying a thing into prison does not diffuse the risk of prisoner escape.
Classification of conveying a thing into prison as a prohibited act using cognitive AI.
46A(2) Aiding prisoner to escape—conveying thing into prison etc.
Conveying thing into prison for aiding prisoner to escape
Prohibits conveying thing into prison for aiding prisoner to escape
(2) Absolute liability applies to the paragraph (1)(d) element of the offence.
47 Escaping
47(1) Escaping
Escaping from lawful federal criminal detention is an offence.
Prohibits escaping from lawful federal criminal detention.
...and (c) the detention is lawful federal criminal detention.
Temporal overlap between escaping and detention.
Temporal relationship between escaping and detention.
Diffuse responsibility for escaping from detention.
Artificial intelligence recognizes escaping from detention as an offence.
47(2) Escaping
Absolute liability applies for escaping.
State obliges to provide absolute liability.
47A Rescuing a prisoner from criminal detention
47A(1) Rescuing a prisoner from criminal detention
Rescuing a prisoner from criminal detention is prohibited.
Prohibition of rescuing a prisoner from criminal detention.
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person rescues the prisoner from that detention by force; and (c) the detention is lawful federal criminal detention.
Temporal overlap between rescuing a prisoner and criminal detention.
Eventual occurrence of rescuing a prisoner from criminal detention.
Diffusion of knowledge about rescuing a prisoner from criminal detention.
Recognition of rescuing a prisoner from criminal detention as an offence.
47A(2) Rescuing a prisoner from criminal detention
47B Person unlawfully at large
Leaving prison without permission is an offence.
Prohibition of leaving prison without permission.
...the person leaves the prison, lock-up or other place; and
...in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock-up or other place; and
...the detention was lawful federal criminal detention; and
Leaving prison repeats the action of detention.
State has an obligation to prevent leaving prison.
47C Permitting escape
47C(1) Permitting escape
Permitting escape from lawful federal criminal detention is prohibited.
Prohibition of escape from lawful detention.
...the first person intentionally or negligently permits the prisoner to escape...
Prohibition of actions that facilitate escape from detention.
(b) the first person is charged for the time being with the criminal detention of another person (the prisoner); and...
...and the first person intentionally or negligently permits the prisoner to escape...
Implication of permitting escape from lawful detention.
(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and...
...the detention is lawful federal criminal detention.
Temporal relation between permitting escape and lawful detention.
(d) the detention is lawful federal criminal detention.
47C(2) Permitting escape
Absolute liability applies for a specific element of the offence.
Prohibits absolute liability for a specific element of the offence.
48 Harbouring etc. an escapee
48(1) Harbouring etc. an escapee
(a) the first person knows that another person (the escapee) has escaped from a place where the other person was held in criminal detention;
(c) the detention was lawful federal criminal detention;
(1) A person (the first person) commits an offence if:
The first person harbours, maintains or employs the escapee;
(b) the first person harbours, maintains or employs the escapee;
48(2) Harbouring etc. an escapee
Absolute liability for harbouring an escapee
Establishes temporal relation between harbouring and escapee
Establishes recurring trace between harbouring and escapee
Diffuses responsibility for harbouring an escapee
Classifies the provision as a criminal law provision
48A Sentence ceases to run while escaped prisoner at large
48A(1) Sentence ceases to run while escaped prisoner at large
Person must undergo additional punishment upon return to custody
Obligation to undergo additional punishment
...the person would have undergone if the person had not escaped.
Temporal overlap between escape and return to custody
...the punishment that the person would have undergone if the person had not escaped.
Diffusion of obligation to undergo additional punishment
Recognition of obligation to undergo additional punishment by AI system
48A(2) Sentence ceases to run while escaped prisoner at large
Punishment for escaped prisoner must be carried out upon return to custody.
49 Removing property under seizure
49(1) Removing property under seizure
Receiving, removing, retaining, concealing or disposing of property attached under court process with intent to hinder or defeat attachment is an offence.
Property attachment is valid until returned
49(2) Removing property under seizure
51 Interpretation
Defines terms used in this Part, including piracy and offence against the Part.
Definitions of piracy and offence against the Part are provided
52 Piracy
53 Operating a pirate-controlled ship or aircraft
53(1) Operating a pirate-controlled ship or aircraft
Voluntarily participate in pirate-controlled ship or aircraft operation
53(2) Operating a pirate-controlled ship or aircraft
Prohibition on operating a pirate-controlled ship or aircraft
(2) This section applies to acts performed on the high seas, in places beyond the jurisdiction of any country or in Australia.
54 Seizure of pirate ships and aircraft etc.
54(1) Seizure of pirate ships and aircraft etc.
(1) A member of the Defence Force or a member of the Australian Federal Police may seize...
54(2) Seizure of pirate ships and aircraft etc.
Seizure of pirate ships and aircraft is prohibited in certain circumstances.
Prohibits seizure of pirate ships and aircraft.
Defines temporal interval for seizure prohibition.
(2) A seizure may be effected: (a) in Australia; or (b) on the high seas; or (c) in a place beyond the jurisdiction of any country.
Defines temporal trace for seizure prohibition.
Diffuses seizure prohibition to related concepts.
Classifies seizure as prohibited using AI reasoning.
54(3) Seizure of pirate ships and aircraft etc.
Order to return seized property or forfeit it if used in commission of an offence.
Obligation to return seized property or forfeit it.
Temporal interval between seizure and application for return.
(3) The Supreme Court of a State or Territory may:
54(4) Seizure of pirate ships and aircraft etc.
Conditions for return of seized property
55 Written consent of Attorney-General required
55(1) Written consent of Attorney-General required
Prosecution requires Attorney-General's consent
55(2) Written consent of Attorney-General required
Attorney-General's consent required before proceeding with arrest, charge, and remand.
No further step in the proceedings can be taken until consent is given.
Proceedings cannot proceed without consent.
55(3) Written consent of Attorney-General required
Attorney-General's consent required for discharge of accused
56 Evidence of certain matters
56(1) Evidence of certain matters
Certificate as evidence of certain matters
Temporal relation between certificate and proceedings
for the purposes of any proceedings for an offence against this Part, evidence of the facts stated in the certificate.
Temporal relation between certificate and proceedings (recurring trace)
56(2) Evidence of certain matters
SES employee in the Foreign Affairs Department
85E Interpretation—definitions
article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by Australia Post for carriage by post
Australia Post means the Australian Postal Corporation.
employee, in relation to Australia Post, includes a person who performs services for or on behalf of Australia Post and an employee of such a person
employee means a person who performs services for or on behalf of Australia Post.
mail-bag includes a package, parcel, container or wrapper belonging to Australia Post in which articles in the course of post are customarily contained
postal message means a material record of an unwritten communication.
postal message means: (a) a material record of an unwritten communication: (i) carried by post; or (ii) collected or received by Australia Post for carriage by post;
postal message is a material record of an unwritten communication.
postal message means: (b) a material record issued by Australia Post as a record of an unwritten communication: (i) carried by post; or (ii) collected or received by Australia Post for carriage by post.
postal message is a material record issued by Australia Post.
carried by post means carried by or through Australia Post.
85F Interpretation—expressions used in Australian Postal
Definitions of expressions used in Australian Postal Corporation Act 1989
85G Forgery of postage stamps etc.
85G(1) Forgery of postage stamps etc.
A person shall not forge a postage stamp.
(1) A person shall not forge a postage stamp.
85G(2) Forgery of postage stamps etc.
Uttering a forged postage stamp is prohibited.
(2) A person shall not utter a postage stamp knowing it to be forged.
Imposes a penalty for the prohibited action.
(2) A person shall not utter a postage stamp knowing it to be forged. Penalty: Imprisonment for 10 years.
Imprisonment for 10 years is imposed for the prohibited action.
85G(3) Forgery of postage stamps etc.
Making, using, or selling forged postage stamps is prohibited.
85G(4) Forgery of postage stamps etc.
85G(5) Forgery of postage stamps etc.
Making, using, or selling a die capable of making a mark resembling a postage stamp is prohibited.
Prohibition of making, using, or selling a die capable of making a mark resembling a postage stamp.
85G(5A) Forgery of postage stamps etc.
85G(6) Forgery of postage stamps etc.
(6) A person shall be taken to utter a forged postage stamp if...
Prohibits the action of using or dealing with a forged postage stamp.
Using or dealing with a forged postage stamp is prohibited.
Prohibits the action of attempting to induce any person to use, deal with, act on or accept a forged postage stamp.
Attempting to induce any person to use, deal with, act on or accept a forged postage stamp is prohibited.
Prohibits the action of putting off a forged postage stamp.
Putting off a forged postage stamp is prohibited.
Prohibits the action of using a forged postage stamp.
Using a forged postage stamp is prohibited.
85H Special paper for postage stamps
Prohibition on making, using, or selling paper resembling postage stamp paper.
85N Wrongful delivery of postal article etc.
Prohibition on intentionally delivering postal articles to incorrect persons.
Prohibits intentional delivery of postal articles.
85Q Forgery of postal messages etc.
85Q(1) Forgery of postal messages etc.
A person shall not forge a postal message.
85Q(2) Forgery of postal messages etc.
Uttering a forged postal message is prohibited.
(2) A person shall not utter a postal message knowing it to be forged.
Prohibits the action using linear logic.
The agent is subject to the prohibition.
85Q(3) Forgery of postal messages etc.
(3) A person shall be taken to utter a forged postal message if...
Uttering a forged postal message implies prohibition.
Implies the prohibition through argumentation.
Uttering a forged postal message implies prohibition through argumentation.
The action occurs during the prohibition.
85R Wrongful delivery of postal messages
Prohibits intentionally delivering postal messages to unauthorized recipients.
85T Sending false postal messages
Sending false postal messages is prohibited.
Prohibits sending false postal messages.
85U Obstructing carriage of articles by post
No person shall intentionally obstruct or hinder the carriage by post of any article.
85V Interference with property of Australia Post
85V(1) Interference with property of Australia Post
Prohibition on tampering with Australia Post property
Forbids intentional tampering with Australia Post property
85V(1A) Interference with property of Australia Post
Prohibition on interference with property of Australia Post
(1A) For the purposes of an offence against subsection (1)
absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:
Establishes temporal relation between offence and circumstance
Establishes recurring trace between offence and circumstance
Diffuses information about interference with property
Classifies elements of circumstance relevant to the offence using AI
85W Causing controlled drugs or controlled plants to be carried by
85W(1) Causing controlled drugs or controlled plants to be carried by
Prohibition on carrying controlled drugs or plants by post.
85W(2) Causing controlled drugs or controlled plants to be carried by
Validity of law not affected by concurrent offence against subsection (1)
Act constitutes offence against subsection (1)
85W(3) Causing controlled drugs or controlled plants to be carried by
No obligation to comply with subsection (1) if conduct is for the purposes of the Medical Chest Program or in the course of duties, powers or functions performed by Australia Post or RFDSA.
Defines the temporal interval for subsection (1)
Subsection (1) applies to conduct engaged in before a certain date.
Subsection (1) does not apply if conduct is engaged in after a certain date.
Classifies the obligation to comply with subsection (1)
The obligation to comply with subsection (1) is defined in section Z.
Subsection (1) imposes an obligation on individuals to comply with its requirements.
Classifies the exemption from subsection (1)
The exemption from subsection (1) is defined in section AA.
Subsection (1) does not impose an obligation on individuals to comply with its requirements if conduct is for the purposes of the Medical Chest Program or in the course of duties, powers or functions performed by Australia Post or RFDSA.
85W(3A) Causing controlled drugs or controlled plants to be carried by
Permitted conduct under certain circumstances
Temporal overlap with regulatory programs
(3A) Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct: for the purposes of, and in accordance with, a program, prescribed by the regulations, for the supply of packages of pharmaceutical products and medical supplies to remote locations;
Recurring conduct under regulatory programs
85W(4) Causing controlled drugs or controlled plants to be carried by
85Z Articles carried by post to be taken to be Australia Post’s
Article carried by post is taken to be Australia Post's property.
85ZA Postage stamps to be valuable securities etc.
A postage stamp is taken to be a valuable security for larceny purposes.
85ZL Interpretation of Part
Definitions and interpretations for Part VIIC of the Crimes Act 1914
85ZM Meaning of conviction and spent conviction
85ZM(1) Meaning of conviction and spent conviction
A person shall be taken to have been convicted of an offence if certain conditions are met.
85ZM(2) Meaning of conviction and spent conviction
A person's conviction of an offence is spent if certain conditions are met.
(2) For the purposes of this Part, a person’s conviction of an offence is spent if:
85ZN Meaning of quash
A person's conviction of an offence shall be taken to have been quashed under certain conditions.
If the conviction has been quashed or set aside, then the person's conviction of the offence shall be taken to have been quashed.
conviction has been quashed or set aside
person's conviction of the offence shall be taken to have been quashed
The finding of guilt has been quashed or set aside during the period when the court's decision to take the offence into account was made.
finding of guilt has been quashed or set aside
court's decision to take the offence into account was made
The person's conviction of the other offence has been quashed or set aside during the period when the court's decision to take the offence into account was made.
person's conviction of the other offence
If the court's decision to take the offence into account has been set aside, then the person's conviction of the offence shall be taken to have been quashed.
court's decision to take the offence into account has been set aside
85ZP Application of Part
85ZP(1) Application of Part
This Part applies in relation to a person convicted of an offence
The Part applies in relation to a person convicted of an offence
...in relation to a person convicted of an offence
85ZP(2) Application of Part
A reference to a person convicted of an offence does not include a reference to a body corporate.
Exclude bodies corporate from references to persons convicted of offences.
(2) A reference in this Part to a person convicted of an offence does not include a reference to a body corporate.
85ZP(3) Application of Part
Disclosing or taking into account a conviction of an offence is prohibited.
Nothing in this Part authorises a person or body to disclose or take into account a conviction of an offence.
85ZP(4) Application of Part
Nothing in this Part affects anything lawfully done before a pardon is granted or a conviction is quashed or spent.
85ZQ Part binds the Crown
Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
The part imposes an obligation on the Crown.
85ZR Pardons for persons wrongly convicted
85ZR(1) Pardons for persons wrongly convicted
A person wrongly convicted of a Commonwealth offence is taken for all purposes as never having been convicted.
Imposes a duty on the State to treat the person as never having been convicted.
The State is required to grant pardons for wrongful convictions.
The person shall be taken for all purposes as never having been convicted.
Specifies the temporal interval during which the person is treated as never having been convicted.
The pardon is granted despite any other Commonwealth law or State law.
Despite any other Commonwealth law or State law, where a person has been granted a free and absolute pardon for a Commonwealth offence...
Indicates that the person is treated as never having been convicted repeatedly.
The person shall be taken, in any State or Territory, for all purposes, never to have been convicted of the offence.
The person shall be taken, in a foreign country, by any Commonwealth authority or State authority in that country, for all purposes, never to have been convicted of the offence.
Grants permission to treat the person as never having been convicted.
Despite any other Commonwealth law or State law, where a person has been granted a free and absolute pardon...
Supports the argument that the person should be treated as never having been convicted.
Therefore, the person shall be taken for all purposes as never having been convicted.
85ZR(2) Pardons for persons wrongly convicted
A person wrongly convicted under a State or foreign law is taken never to have been convicted of an offence in corresponding circumstances or for a corresponding purpose.
Imposes an obligation on the State to treat a person as never having been convicted of an offence.
Never to have been convicted of that offence.
Defines the temporal interval during which the person is treated as never having been convicted of an offence.
Corresponding circumstances or for a corresponding purpose.
Justifies the obligation on the State to treat a person as never having been convicted of an offence.
Applies the obligation on the State to treat a person as never having been convicted of an offence.
Analyzes the implications of the obligation on the State to treat a person as never having been convicted of an offence.
85ZS Effect of pardons for persons wrongly convicted
Obligation on States to consider pardons for persons wrongly convicted
85ZT Quashed convictions
85ZT(1) Quashed convictions
No disclosure required for quashed convictions in States or Territories.
No obligation to disclose quashed convictions.
85ZT(2) Quashed convictions
No disclosure required for quashed convictions
Prohibits disclosure of quashed convictions
85ZU Effect of quashed convictions
No disclosure of conviction is allowed without consent.
Confidentiality of conviction information
85ZV Spent convictions
85ZV(1) Spent convictions
No disclosure of spent convictions is required.
Prohibits disclosure of spent convictions.
85ZV(2) Spent convictions
Must not disclose spent convictions to authorities.
Prohibition on disclosure of spent convictions.
85ZV(3) Spent convictions
Disclosure of spent convictions is not required in certain circumstances or for a particular purpose.
Permission to withhold disclosure of spent convictions.
85ZW Effect of right of non-disclosure
85ZX Convictions of further Commonwealth or Territory offences
85ZX(1) Convictions of further Commonwealth or Territory offences
Court may order cessation of Division 3 application in relation to earlier offence.
Court may order cessation of Division 3 application.
85ZX(2) Convictions of further Commonwealth or Territory offences
Division 3 ceases to apply or does not apply to the person in relation to the earlier offence until the waiting period for the later offence has ended.
Division 3 does not apply in relation to the earlier offence
waiting period for the later offence has ended
Division 3 ceases to apply until the waiting period for the later offence has ended
waiting period for the later offence has not ended
85ZY Convictions of further State or foreign offences
Division 3 applies to a person in relation to an offence of which the person was convicted, or would so apply to the person if the waiting period for the offence had ended.
85ZZ Information Commissioner’s functions
85ZZ(1) Information Commissioner’s functions
Department head is respondent to complaint about act or practice of Department or officer. The Information Commissioner has functions to investigate and try to settle breaches of Division 2 or 3. Right to complain about a breach of Division 2 or 3.
Department head is respondent to complaint.
Secretary or head of Department is respondent to complaint.
If a complaint is about an act or practice of a Commonwealth Department or a State Department, the Secretary or head of the Department is the respondent to the complaint.
Secretary or head of Department has duty to respond to complaint.
The Information Commissioner has functions.
85ZZ(1A) Information Commissioner’s functions
Privacy functions for the purposes of the Australian Information Commissioner Act 2010.
85ZZ(2) Information Commissioner’s functions
Minister is respondent to complaint about act or practice of another authority Ensure protection of human rights and social interests while performing functions. Complaint must be in writing.
Minister has obligation to respond to complaint
85ZZ(3) Information Commissioner’s functions
Chief executive officer of authority is respondent to complaint. Duty to provide help to a person making a complaint.
chief executive officer is respondent to complaint.
85ZZ(4) Information Commissioner’s functions
86B Simplified outline of this Part
Authorization for collection, use and disclosure of personal information
86C Target entity may collect sensitive information for integrity
Target entity may collect sensitive information for integrity purposes.
86D Target entity may use personal information for integrity
Target entity may use personal information for integrity purpose relating to the entity.
86E Disclosure of personal information to target entity for integrity
86E(1) Disclosure of personal information to target entity for integrity
Disclosure of personal information to target entity for integrity is required if a law limits disclosure and exempts it from the limitation.
Requires disclosure of personal information to target entity for integrity.
(1) This section applies if a law of the Commonwealth or of a State or Territory:...
...unless the disclosure is authorised under an Australian law or certain other exceptions apply.
Disclosure must occur between the time the information is collected and when it is disclosed to the target entity.
(b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Disclosure must occur everywhere in the jurisdiction where the information is collected and disclosed.
(a) limits disclosure of some or all personal information by a person, body or authority (however described);...
...and exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Must provide personal information to target entity for integrity.
Must conform to the requirements for disclosure of personal information.
86E(2) Disclosure of personal information to target entity for integrity
Disclosure of personal information to target entity for integrity purpose
86E(3) Disclosure of personal information to target entity for integrity
Disclosure of personal information to target entity for integrity purposes is required.
Requires disclosure of personal information.
86F This Part does not limit other laws
This Part does not imply limitation of laws
86G Guidelines on the operation of this Part
86G(1) Guidelines on the operation of this Part
Publishing guidelines approved by the Information Commissioner.
86G(2) Guidelines on the operation of this Part
Guidelines under subsection (1) are not a legislative instrument.
87 False certificates
Giving false certificates is an offence.
89 Trespassing on Commonwealth land
89(1) Trespassing on Commonwealth land
Trespassing on Commonwealth land is prohibited.
(1) A person who, without lawful excuse (proof whereof shall lie upon him or her), trespasses or goes upon any prohibited Commonwealth land commits an offence.
If trespassing occurs, then a penalty applies
Trespassing has a consequence of a penalty
The penalty is a consequence of trespassing
89(2) Trespassing on Commonwealth land
Request for personal information from individuals on prohibited Commonwealth land.
Prohibition of trespassing on Commonwealth land.
89(3) Trespassing on Commonwealth land
Detention of person found on prohibited Commonwealth land
(3) Where a person is found upon prohibited Commonwealth land...
...the constable or officer may apprehend that person...
89(4) Trespassing on Commonwealth land
Authorized Commonwealth officer must produce identification before apprehending a person.
89(5) Trespassing on Commonwealth land
Trespassing on prohibited Commonwealth land is prohibited.
Prohibits trespassing on Commonwealth land.
Land is posted with a notice prohibiting trespassing.
Classifies land as prohibited if it has a posted notice.
89A Discharging firearms on or over Commonwealth land
89A(1) Discharging firearms on or over Commonwealth land
Discharging firearms on prohibited areas is prohibited.
Prohibits discharging firearms on prohibited areas.
89A(2) Discharging firearms on or over Commonwealth land
Discharging firearms on or over Commonwealth land is prohibited.
Prohibits discharging firearms on or over Commonwealth land.
89A(3) Discharging firearms on or over Commonwealth land
Authorized Commonwealth officer must produce instrument before apprehending person.
90 Trespass by cattle or live stock
Trespass by cattle or live stock is prohibited.
Prohibits trespass by cattle or live stock.
90A Destroying etc. posters etc. relating to Commonwealth loans
Destroying or damaging Commonwealth loan posters is prohibited.
Prohibits destroying or damaging Commonwealth loan posters.
90B False statements in documents filed etc. under laws of a
Intentionally making false statements in documents filed or lodged with a Commonwealth officer is an offence.
Prohibits making false statements in documents.
91 Regulations
The Governor-General may make regulations.
Governor-General has the power to make regulations.
29 Oct 1914
7 May 1915
29 Oct 1914 (s 3)
2 Dec 1920
16 Mar 1926
29 Mar 1926 (gaz
22 June 1928
30 May 1932
3 July 1937
4 Apr 1941
3 Sept 1939
Defence (Transitional Provisions) Act 1946
14 Dec 1946
1 Jan 1947
Describes the type of obligation or prohibition
16 Dec 1950
31 Dec 1950
31 May 1955
23 Apr 1959
Conditional commencement of Crimes Act 1960
Requires temporal relation between commencement and the Act
13 Dec 1960
Statute Law Revision (Decimal Currency) Act
29 Oct 1966
1 Dec 1966
27 May 1973
19 Dec 1973
31 Dec 1973
12 June 1975
28 Mar 1979
Consequential amendments to Australian Federal Police Act 1979
28 Nov 1979
19 Oct 1979 (s 2 and
Consequential amendments to Australian Federal Police Act
28 May 1980
17 Sept 1981
Amendment by Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
16 Dec 1985
Imposes a duty on the agent to report certain information
16 June 1982
Royal Assent for Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
Classifies Royal Assent as an Undertaking
Royal Assent is an Undertaking for the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
Classifies the key as a specific legislative excerpt
This is a classification of the key as a specific legislative excerpt
This is a classification of the key as a valid SHACL key
This is a classification of the key as a valid CogAI key
Classifies the key as a specific legislative excerpt in a diffusion context
This is a classification of the key as a specific legislative excerpt in a diffusion context
22 Sept 1982
Defence Force (Miscellaneous Provisions) Act 1982
31 Dec 1982
3 July 1985 (s 2 and
22 Nov 1983
14 Dec 1983
22 Dec 1983
27 Aug 1985 (s 2 and
10 Apr 1984
25 June 1984
Statute Law (Miscellaneous Provisions) Act (No. 2)
25 Oct 1984
Royal Assent required for Statute Law (Miscellaneous Provisions) Act (No. 2)
Prohibition on Statute Law (Miscellaneous Provisions) Act (No. 1)
24 June 1986
17 Oct 1986
1 Feb 1987 (s 2 and
18 Dec 1986
5 June 1987
5 June 1987 (s 2)
16 Dec 1987
Conditional commencement of sections 10, 12, 13, and 15 on specific dates.
Defines temporal intervals for commencement.
18 Dec 1987
Transition provisions and consequential amendments for Telecommunications and Postal Services Act 1989
Requires temporal intervals for transitional provisions
Temporal intervals mentioned in s 5(1), (6), (7)
19 June 1989
30 June 1989
28 July 1989
1989 Remainder:
Royal Assent for Crimes Legislation Amendment Act (No. 2)
17 Jan 1990
Amended by Crimes Legislation Enhancement Act 41, 2003
3 June 2003
Conditional commencement of Law and Justice Legislation Amendment Act 1989
22 Oct 1990
Conditional commencement of Crimes Legislation Amendment Act 1991
Requires relation between identifiable temporal intervals for conditional commencement
4 Mar 1991
List of sections affected by the amendment act
9 May 1991
Requires temporal intervals for commencement
27 June 1991
1991 Remainder: 1
21 Oct 1991
23 Aug 1991
27 Sept 1991
25 Oct 1991
11 Dec 1992
22 Dec 1993
30 Mar 1994 (gaz
30 May 1994
30 Nov 1994
Amendment by Crimes Legislation Enhancement Act 41, 2003
Legislation history for Crimes (Child Sex Tourism) Amendment Act 1994
5 July 1994
Law and Justice Legislation Amendment Act (No. 2) 1994
28 Nov 1994
Amendment by Statute Law Revision Act 1996
25 Oct 1996
Conditional commencement of Australian Postal Corporation Amendment Act 1994
5 Dec 1994
Conditional commencement of Crimes and Other Legislation Amendment Act 1994
Conditional commencement on January 1, 1995
19 Dec 1994
References specific sections for Royal Assent
16 Jan 1995
Prohibition on transitional provisions and consequential amendments
Forbids transitional provisions and consequential amendments
23 Feb 1995
15 Mar 1995
15 Sept 1995
8 July 1996
Conditional commencement of Workplace Relations and Other Legislation Amendment Act 1996
25 Nov 1996
Amendment of s 2(2), (6) by 77, 1996, sch 3 [items 1, 2]
19 Dec 1996
Conditional commencement of Crimes and Other Legislation Amendment Act 1997
7 Apr 1997
Royal Assent for Law and Justice Legislation Amendment Act 1997
17 Apr 1997
Transitional Provisions and Consequential Amendments Act 1997
3 May 1997
1 July 1997
Audit (Transitional and Miscellaneous) Amendment Act 1997
24 Oct 1997
1 Jan 1998 (s 2(2) and
29 June 1998
23 Mar 2006
29 June 1998 (s 2(1)
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998
1 July 1998 (s 2(2) and
23 July 1998
Amendment of section 2(2) by Crimes Legislation Enhancement Act 41, 2003
23 July 1998 (s 2(1)
16 July 1999
13 Oct 1999
11 Nov 1999
5 Dec 1999 (s 2(1) and
10 Dec 1999
Privacy Amendment (Office of the Privacy Commissioner) Act 2000
29 Feb 2000
1 July 2000 (gaz 2000,
7 Mar 2000
2 July 2000 (gaz 2000,
31 Mar 2000
Royal Assent for Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
24 Nov 2000
Royal Assent and commencement of Act 2001
6 Apr 2001
Amendment of Royal Assent by Statute Law Revision Act 2002
3 July 2002
Reference to section 4(1), (2) and schedule 10.
24 May 2001 (s
Duty to report age at time of conviction
Imposes a duty on the defendant to report their age at time of conviction
7 May 2001
4 June 2001
Repeals, Consequentials and Transitionals Act 2001
28 June 2001
Conditional commencement of National Crime Authority Legislation Amendment Act 2001
1 Oct 2001
Royal Assent and commencement of the Cybercrime Act 2001
21 Dec 2001 (gaz
4 Apr 2002
Conditional commencement of Security Legislation Amendment (Terrorism) Act 2002
5 July 2002
6 July 2002
Consequential Amendments and Transitional Provisions
11 Oct 2002
Conditional commencement and effective date of the Crimes Amendment Act
Requires temporal intervals for commencement and effective date
Remainder: 1 Jan 2003 (s 2(1) and gaz 2002, No GN44)
23 Oct 2002
Criminal Code Amendment (Espionage and Related Matters) Act, 2002
31 Oct 2002
Conditional commencement of certain sections
6 July 2005
14 Nov 2002
12 May 2003 (s 2 and
Establishment of Australian Crime Commission
Establishs the Australian Crime Commission
10 Dec 2002
Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Act 2002
19 Dec 2002
Classifies items in schedules 1, 2, and 3
16 Jan 2003
Conditional commencement on specific dates
Requires a relation between identifiable temporal intervals
List of items in Schedule 1 and Schedule 3
1 Mar 2003
17 July 1990 (s 2(1)
12 Nov 2003
26 May 2004
Conditional commencement of Australian Federal Police and Other Legislation Amendment Act 2004
22 June 2004
Conditional commencement of certain provisions
Conditional commencement of Anti-terrorism Act 2004
30 June 2004
1 July 2004
16 Aug 2004
Conditional commencement of Anti-terrorism Act (No. 3) 2004
Requires a relation between identifiable temporal intervals for conditional commencement
31 Aug 2004
Amendment of section 1, items 3-5 and 30-31
3 May 2006
13 June 2006
Transitionals and Consequentials Act 2006
18 Feb 2005
Conditional commencement of s 4-11, sch 1 on 1 July 2005
22 Feb 2005
Conditional commencement of Crimes Amendment Act
Requires relation between identifiable temporal intervals
Conditional commencement of statute law revision act
Requires temporal relation between statute law revision act and commencement
4 Nov 2005
8 Nov 2005
Legislation Amendment (Video Link Evidence and Other Measures) Act 136, 2005
15 Nov 2005
16 Nov 2005
Reference to Anti-Terrorism Act (No. 2) 2005
14 Dec 2005
19 June 2006
20 June 2006
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006
30 June 2006
4 Nov 2006
5 Nov 2006
7 Dec 2006
Transitional provisions and consequential amendments
12 Dec 2006
13 Dec 2006
Prohibition on marking plastic explosives
19 Feb 2007
25 Aug 2007
Employer sanctions for non-compliance with migration laws.
Imposes a duty on employers to comply with migration laws.
Transitionals and Consequentials Act 2007
15 Mar 2007
Conditional commencement of Crimes Legislation Amendment (Miscellaneous Matters) Act 2008
1 July 2008
3 July 2008
4 July 2008
9 Dec 2008
10 Dec 2008
22 May 2009
23 May 2009
Fair Work (State Referral and Consequential and Other Amendments) Act 2009
25 June 2009
Conditional commencement of Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009
6 Nov 2009
4 Dec 2009
Conditional commencement of Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
Conditional commencement is Undertaking, not Prohibition
19 Feb 2010
20 Feb 2010
Conditional commencement of Statute Law Revision Act 2010
1 Mar 2010
Conditional commencement of Crimes Amendment (Working With Children—Criminal History) Act 2010
25 Mar 2010
26 Mar 2010
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010
14 Apr 2010
15 Apr 2010
31 May 2010
Repealed by Health Insurance Amendment (General Practitioners and Quality Assurance) Act 2020
Requires temporal relation between 'commencing' and 'repealed'
16 June 2020
16 June 2021 (s 2(1)
Freedom of Information Amendment (Reform) Act 2010
Conditional commencement of Crimes Amendment (Royal Flying Doctor Service) Act 2010
6 July 2010
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
13 July 2010
1 Jan 2011
National Security Legislation Amendment Act 2010
24 Nov 2010
2 Mar 2011
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 3, 2011
Compilation date and related information
22 Mar 2011
27 June 2011
27 Dec 2011
5 Dec 2011
1 Jan 2012
Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012
20 Mar 2012
Crimes Legislation Amendment (Powers and Offences) Act 2012
4 Apr 2012
Schedule of items for Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012
Identifies the temporal intervals for the commencement of the Act
27 June 2012
Consequential and Transitional Provisions
29 June 2012
22 Sept 2012
28 Nov 2012
29 Nov 2012
28 Dec 2012
12 Dec 2012
Privacy Amendment (Enhancing Privacy Protection) Act 2012
Conditional commencement of Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
7 Mar 2013
Consequential amendments to the Federal Circuit Court of Australia Act 2013
14 Mar 2013
Legislation history for Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013
28 June 2013
Amendment of Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018
22 May 2018
Legislation is classified by part and section
This classification applies to this excerpt
29 June 2013
27 May 2014
24 June 2014
National Security Legislation Amendment Act (No. 1) 2014
2 Oct 2014
Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014
3 Nov 2014
25 Feb 2015
20 May 2015
30 Oct 2017
Conditional commencement of legislation amendment act
26 May 2015
18 June 2015 (s 2(1)
1 July 2016 (s 2(1)
Amendment of Territories Legislation by Territories Legislation Amendment Act 2016
23 Mar 2016
Conditional commencement of Tribunals Amalgamation Act 2015
1 July 2015 (s 2(1)
26 June 2015
Passports Legislation Amendment (Integrity) Act 2015
10 Sept 2015
26 Nov 2015
11 Feb
Amendment to Australian Crime Commission Act 2016
5 May
20 Oct
Counter-Terrorism Legislation Amendment Act (No. 1) 2016
29 Nov
30 Nov 2016
30 Nov
Conditional commencement of Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016
7 Dec 2016
7 June 2017 (s 2(1)
19 May
1 July 2017 (s 2(1)
22 June
23 June 2017 (s 2(1)
23 Aug
20 Sept 2017 (s 2(1)
Establishment of the Australian Signals Directorate
11 Apr
Conditional commencement of Home Affairs and Integrity Agencies Legislation Amendment Act 2018
9 May
22 May
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018
29 June
30 June 2018 (s 2(1)
24 Aug
Conditional commencement of Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018
Conditional commencement of amendments to Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018
Defines temporal intervals for commencement of amendments
8 Dec 2018
10 Dec
20 Sept
Amendment machinery for Crimes Legislation Amendment (Police Powers at Airports) Act 2019
28 Oct
Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
11 Dec
Class specification for certain schedules
23 June 2020 (s 2(1)
15 Dec
Conditional commencement of Australian Security Intelligence Organisation Amendment Act 2020
17 Dec
Crimes Legislation Amendment (Economic Disruption) Act 2021
16 Feb
1 Mar 2021
23 July
Sunsetting Review and Other Measures Act 2021 (C2021A00088)
2 Sept
Legislation history for Surveillance Legislation Amendment (Identify and Disrupt) Act 2021
3 Sept
4 Sept 2021 (s 2(1)
Conditional commencement of Crimes Amendment (Remissions of Sentences) Act 2021
8 Dec 2021
Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022
1 Apr 2022
Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022
9 Nov 2022
Conditional commencement of Crimes Amendment (Penalty Unit) Act 2022
Conditional commencement is specified as November 10, 2022 (s 2(1) item 1)
Requires ordered or recurring trace for conditional commencement
Classifies the legal effect as Undertaking
No explicit duty, ban conduct, grant permission, or create a right
12 Dec
1 July 2023 (s 2(1)
11 Aug
Amendment to Aboriginal Land Grant (Jervis Bay Territory) Act 2023
Requires temporal relation between amendment and previous provision
Temporal interval required for conditional commencement
21 Aug
Conditional commencement of Crimes and Other Legislation Amendment (Omnibus) Act 2023
13 Sept
Conditional commencement of Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023
No clear duty, ban conduct, grant permission, or create a right
Counter-Terrorism and Other Legislation Amendment Act 2023
24 Nov
Conditional commencement of Crimes and Other Legislation Amendment (Omnibus No. 2) Act 2023
27 Nov
7 Dec 2023
Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023
Consequential and Transitional Provisions No. 2 Act 2024
31 May
Conditional commencement of Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024
24 Oct
Conditional commencement of the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024
Criminal Code Amendment (Hate Crimes) Act 2025
7 Feb 2025
Conditional commencement of Administrative Review Tribunal (Miscellaneous Measures) Act 2025
20 Feb
Conditional commencement of Telecommunications and Other Legislation Amendment Act 2025
4 Nov 2025
Conditional commencement of Criminal Code Amendment (State Sponsors of Terrorism) Act 2025
6 Nov 2025
Conditional commencement of strengthening oversight of the National Intelligence Community Act 2025
4 Dec 2025
Schedule of items for commencement on June 4, 2026
21 Jan
Conditional commencement of section 2(1) item 4 on 18 Feb 2026
Consequential and transitional provisions for the Commonwealth Parole Board Act 2026
8 Apr 2026
17 Mar 2006