Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23A

Application of Part

  (1)   Any law of the Commonwealth in force immediately before the commencement of this Part, and any rule of the common law, has no effect so far as it is inconsistent with this Part.

  (2)   This Part does not exclude or limit the operation of a law of a State or Territory so far as it can operate concurrently with this Part.

  (3)   In subsection   (2):

"law of a State or Territory" includes such a law that is given a particular application by a law of the Commonwealth.

  (4)   Where a law of a State or Territory would, apart from this subsection, require the electronic recording of confessional evidence in relation to a Commonwealth offence (whether or not expressed as a condition of the admissibility of that evidence), that requirement ceases to apply on the commencement of this Part.

  (5)   The provisions of this Part, so far as they protect the individual, are in addition to, and not in derogation of, any rights and freedoms of the individual under a law of the Commonwealth or of a State or Territory.

  (6)   If an offence against a law of the Australian Capital Territory is punishable by imprisonment for a period exceeding 12 months and the investigating official concerned is a member or special member of the Australian Federal Police, this Part applies to that offence as if:

  (a)   references to Commonwealth offences included references to that offence; and

  (b)   references to a law of the Commonwealth included references to a law of that Territory.



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