Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn any proceedings, the burden lies on the prosecution to prove that an investigating official had a belief on reasonable grounds as to a matter referred to in this Part.
No. 12, 1914
Compilation No. 156
Compilation date: 24 November 2024
Includes amendments: Act No. 93, 2024
This compilation is in 2 volumes
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 24 November 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part ID--Forensic procedures
Division 1--Explanation of expressions used
23WA Definitions
23WB Interview friends
Division 2--Authority and time limits for forensic procedures on suspects: summary of rules
23WC How forensic procedures may be authorised in different circumstances
23WCA Time limits for carrying out forensic procedures
Division 3--Forensic procedures on suspect by consent
23WD Forensic procedure may be carried out with informed consent of suspect
23WE People who cannot consent to forensic procedures
23WF Informed consent to forensic procedures--general
23WG Informed consent to forensic procedures--Aboriginal persons and Torres Strait Islanders
23WH Constable may request suspect to consent to forensic procedure
23WI Matters to be considered by constable before requesting consent to forensic procedure
23WJ Matters that suspect must be informed of before giving consent
23WK Withdrawal of consent
23WL Recording of giving of information and suspect's responses
23WLA Time for carrying out forensic procedure--suspect not in custody
Division 4--Non - intimate forensic procedures on suspect by order of senior police officer
23WM Non - intimate forensic procedure may be carried out by order of senior police officer
23WN Circumstances in which senior police officer may order non - intimate forensic procedures
23WO Matters to be considered by senior police officer before ordering forensic procedure
23WP Record of senior police officer's order
Division 5--Forensic procedures on suspect by order of a magistrate
Subdivision A--General
23WQ Forensic procedure may be carried out by order of magistrate
23WR Circumstances in which magistrate may order forensic procedure
Subdivision B--Final orders
23WS Final order for carrying out of forensic procedure
23WT Matters to be considered by magistrate before ordering forensic procedure
23WU Application for order
23WV Securing the presence of suspect at hearing--suspect in custody
23WW Securing the presence of suspect at hearing--suspect not in custody
23WX Procedure at hearing of application for order
23WY Making of order
Subdivision C--Interim orders
23XA Interim order for carrying out of a forensic procedure
23XB Application for interim order
23XC Procedure at hearing of application for interim order
23XD Making of interim order
23XE Records of application and interim order
23XF Suspect may be prevented from destroying or contaminating evidence
23XG Results of forensic procedure carried out under interim order
Subdivision D--Time limits for forensic procedures ordered by magistrates
23XGA Application
23XGB Time for carrying out forensic procedure--suspect not in custody
23XGC Arrest of suspect not in custody
23XGD Time for carrying out forensic procedure--suspect in custody
Subdivision E--Reports of proceedings under Division
23XH Restrictions on publication
Division 6--Carrying out forensic procedures on suspects
Subdivision A--General provisions
23XI General rules for carrying out forensic procedures
23XIA No questioning during forensic procedure
23XIB Suspect must be cautioned before forensic procedure starts
23XJ Use of force in carrying out forensic procedures
23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner
23XL Taking of hair samples
Subdivision B--Persons involved in forensic procedures
23XM Persons who may carry out forensic procedures
Subdivision C--Further provisions about who may carry out forensic procedures
23XN Certain forensic procedures generally to be carried out by person of same sex as suspect
23XO Person may get help to carry out forensic procedures
Subdivision D--Presence of other people while forensic procedure is carried out
23XP Medical practitioner or dentist of suspect's choice may be present for intimate forensic procedures
23XQ Presence of interview friend or legal representative--children and incapable persons
23XR Presence of interview friend or legal representative--Aboriginal persons and Torres Strait Islanders
23XS Presence of constables
23XSA Presence of prison officers
Subdivision E--Recording of forensic procedure
23XT Recording of forensic procedure
Subdivision F--Procedure after forensic procedure is carried out
23XU Samples--sufficient material to share
23XUA Samples--insufficient material to share
23XV Photographs
23XW Results of analysis
23XWA Preventing the carrying out of forensic procedure
Division 6A--Carrying out of certain forensic procedures after conviction of serious and prescribed offenders
23XWB Forensic procedures to which Division applies
23XWC Non - intimate forensic procedures authorised to be carried out on offenders
23XWD Intimate forensic procedures authorised to be carried out on serious offenders
23XWE Application of Division 6
23XWF Scope of authorisation
23XWG Informed consent to forensic procedures
23XWH Constable may request offender to consent to forensic procedure
23XWI Matters to be considered by constable before requesting consent to forensic procedure
23XWJ Matters that offender must be informed of before giving consent
23XWK Circumstances in which constable may order non - intimate forensic procedure
23XWL Matters to be considered by constable
23XWM Recording of giving of information and consent
23XWN Record of constable's order
23XWNA Circumstances in which judge or magistrate may order forensic procedure
23XWO Judge or magistrate order for carrying out forensic procedure on offender
23XWOA Securing the presence of offender at hearing--offender in custody
23XWOB Securing the presence of offender at hearing--offender not in custody
23XWP Carrying out forensic procedure following conviction
Division 6B--Carrying out of forensic procedures on volunteers and certain other persons
23XWQ Carrying out of forensic procedures on volunteers
23XWR Informed consent of volunteer or parent or guardian of volunteer
23XWS Recording of giving of information and consent
23XWT Withdrawal of consent
23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
Division 7--Admissibility of evidence
Subdivision A--Forensic evidence
23XX Inadmissibility of evidence from improper forensic procedures etc.
23XY Inadmissibility of evidence where forensic material required to be destroyed
Subdivision B--Other evidence
23XZ Admissibility of evidence relating to consent to forensic procedure
23YA Admissibility of evidence relating to carrying out of forensic procedure
23YB Obstructing the carrying out of forensic procedure
Subdivision C--Application
23YBA Division does not apply to a proceeding in a foreign country or an international tribunal
Division 8--Destruction of forensic material
23YBB Application
23YC Destruction of forensic material where interim order disallowed
23YD Destruction of forensic material after 12 months
23YDAA Destruction of forensic material taken from offender after conviction quashed
23YDAB Destruction of forensic material where related evidence is inadmissible
Division 8A--Commonwealth and State/Territory DNA database systems
23YDAC Definitions
23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems
23YDAD Supply of forensic material for purposes of DNA database
23YDAE Use of information on Commonwealth DNA database system or NCIDD
23YDAF Permissible matching of DNA profiles
23YDAG Recording, retention and removal of identifying information on Commonwealth DNA database system
Division 9--General provisions relating to operation of this Part
23YDA Interpreters
23YE Powers etc. of legal representatives and interview friends
23YF Obligation of investigating constables relating to tape recordings
23YG Material required to be made available to suspect, offender or volunteer
23YH No charge to be made for giving material etc. to suspects, offenders and volunteers
23YI Proof of belief or suspicion
23YJ Proof of impracticability
23YJA Proof that time should be disregarded
23YK Proof of voluntary waiver of certain rights
23YKA Application of sections 23YI to 23YK
23YL Liability for forensic procedures
23YM Experts not obliged to carry out forensic procedures
23YN Retention of electronic recordings
23YO Disclosure of information
23YP Taking, retention and use of forensic material
23YPA Analysis of forensic material
23YQ Commissioner may delegate functions and powers
Division 9A--Carrying out forensic procedures at the request of a foreign country or international tribunal
Subdivision A--Requests by foreign countries or international tribunals
23YQA Application of Subdivision
23YQB Providing evidence and material resulting from the forensic procedure
Subdivision B--Requests by a foreign law enforcement agency
23YQC Application of Subdivision
23YQD Providing forensic material etc. to a foreign law enforcement agency
Division 10--Operation of this Part and effect on other laws
23YQE Part does not apply to persons under 10
23YR Relationship with Part IAA
23YS Relationship with Part IC
23YU Application of other laws
Division 11--Interjurisdictional enforcement
23YUA Definitions
23YUB Registration of orders
23YUC Carrying out of registered orders
23YUD Database information
23YUDA Arrangements with prisons or other places of detention
Division 11A--Operation of this Part in relation to certain incidents
23YUE Definitions
23YUF Application of this Division
23YUG Use of information on DNA database systems
23YUH Permissible matching of DNA profiles
23YUI Disclosure of information
23YUJ This Division does not restrict operation of this Part
Division 11B--Concurrent operation of State and Territory laws
23YUL Concurrent operation of State and Territory laws
Part IE--Forfeiture of child abuse material
Division 1--Things this Part applies to
23ZA Application
Division 2--Forfeiture by operation of law after notice is given
23ZB Forfeiture of material by operation of law
23ZC Providing copies of innocuous parts of material to be forfeited
Division 3--Forfeiture by court order on application
23ZD Forfeiture of material by court order on application
Division 4--Provisions relating to forfeiture under this Part generally
23ZE Effect of forfeiture under this Part
23ZF Compensation for forfeiture of electronic equipment etc.
23ZG Delegation by head of police force
Part IIA--Protection of public and other services
30J Industrial disturbances, lock - outs and strikes
30K Obstructing or hindering the performance of services
Part III--Offences relating to the administration of justice
Division 1--Preliminary
31 Judicial proceeding and tribunal definitions
Division 2--Judges and magistrates
34 Judge or magistrate acting oppressively or when interested
Division 3--Evidence and witnesses
35 Giving false testimony
36 Fabricating evidence
36A Intimidation of witnesses etc.
37 Corruption of witnesses
38 Deceiving witnesses
39 Destroying evidence
40 Preventing witnesses from attending Court
Division 4--Perverting the course of justice
41 Conspiracy to bring false accusation
42 Conspiracy to defeat justice
43 Attempting to pervert justice
44 Compounding offences
45 Inserting advertisements without authority of court
Division 5--Escape from criminal detention
45A Criminal detention definitions
46 Aiding prisoner to escape
46A Aiding prisoner to escape--conveying thing into prison etc.
47 Escaping
47A Rescuing a prisoner from criminal detention
47B Person unlawfully at large
47C Permitting escape
48 Harbouring etc. an escapee
48A Sentence ceases to run while escaped prisoner at large
Division 6--Seized property
49 Removing property under seizure
Part IV--Piracy
51 Interpretation
52 Piracy
53 Operating a pirate - controlled ship or aircraft
54 Seizure of pirate ships and aircraft etc.
55 Written consent of Attorney - General required
56 Evidence of certain matters
Part VIIA--Offences relating to postal services
85E Interpretation--definitions
85F Interpretation--expressions used in Australian Postal Corporation Act
85G Forgery of postage stamps etc.
85H Special paper for postage stamps
85N Wrongful delivery of postal article etc.
85Q Forgery of postal messages etc.
85R Wrongful delivery of postal messages
85T Sending false postal messages
85U Obstructing carriage of articles by post
85V Interference with property of Australia Post
85W Causing controlled drugs or controlled plants to be carried by post
85Z Articles carried by post to be taken to be Australia Post's property
85ZA Postage stamps to be valuable securities etc.
Part VIIC--Pardons, quashed convictions and spent convictions
Division 1--Interpretation and application of Part
85ZL Interpretation of Part
85ZM Meaning of conviction and spent conviction
85ZN Meaning of quash
85ZP Application of Part
85ZQ Part binds the Crown
Division 2--Pardons for persons wrongly convicted, and quashed convictions
85ZR Pardons for persons wrongly convicted
85ZS Effect of pardons for persons wrongly convicted
85ZT Quashed convictions
85ZU Effect of quashed convictions
Division 3--Spent convictions
85ZV Spent convictions
85ZW Effect of right of non - disclosure
Division 4--Convictions of further offences
85ZX Convictions of further Commonwealth or Territory offences
85ZY Convictions of further State or foreign offences
Division 5--Complaints to Information Commissioner
85ZZ Information Commissioner's functions
85ZZA Complaints to the Information Commissioner
85ZZB Identity of respondent to complaint
85ZZC Investigation of complaints
85ZZD Determinations of Information Commissioner
85ZZE Payment of compensation or expenses
85ZZF Enforcement of determination or recommendation
85ZZG Application of Privacy Act
Division 6--Exclusions
Subdivision A--Exclusions relating to work with children (Divisions 2 and 3)
85ZZGA Object of Subdivision
85ZZGB Exclusion: disclosing information to a person or body
85ZZGC Exclusion: person or body taking information into account
85ZZGD Exclusion: person or body disclosing information
85ZZGE Prescribed persons and bodies
85ZZGF Definitions
85ZZGG Reviews of operation of this Subdivision
Subdivision AA--Exclusions relating to work with persons with disability (Divisions 2 and 3)
85ZZGH Object of Subdivision
85ZZGI Exclusion: disclosing information to a person or body
85ZZGJ Exclusion: person or body taking information into account
85ZZGK Exclusion: person or body disclosing information
85ZZGL Prescribed persons and bodies
85ZZGM Definitions
85ZZGN Reviews of operation of this Subdivision
Subdivision B--Exclusions (Division 3)
85ZZH Exclusions
85ZZJ Further exclusions--law enforcement agencies
85ZZJA Further exclusions--Australian Security Intelligence Organisation
Subdivision C--Other matters
85ZZK Fair reporting: pardons and quashed convictions
85ZZL Criminal proceedings before the Federal Court of Australia
Part VIID--Collecting, using and disclosing personal information that may be relevant for integrity purposes
86B Simplified outline of this Part
86C Target entity may collect sensitive information for integrity purpose
86D Target entity may use personal information for integrity purpose
86E Disclosure of personal information to target entity for integrity purpose
86F This Part does not limit other laws
86G Guidelines on the operation of this Part
Part VIII--Miscellaneous
87 False certificates
89 Trespassing on Commonwealth land
89A Discharging firearms on or over Commonwealth land
90 Trespass by cattle or live stock
90A Destroying etc. posters etc. relating to Commonwealth loans
90B False statements in documents filed etc. under laws of a Territory
91 Regulations
Schedule--Form of explanation under section 23V
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
• suspects in relation to indictable offences (Divisions 3, 4 and 5); and
• offenders in relation to prescribed and serious offences (Division 6A); and
• volunteers (Division 6B).
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6.
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7).
However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A).
This Part also:
• contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database ( NCIDD ) (Division 8A); and
• provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one or more State/Territory DNA database systems to form part of NCIDD (Division 8A); and
• provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division 11); and
• provides for the destruction of forensic material (Division 8).