Volume 1
s 1 Short title s 2 Commencement s 3 The Criminal Code s 3A External Territories s 3B Offshore installations s 4 Definitions s 5 Regulations Schedule — The Criminal Code
Chapter 1 — Codification
Division 1
s 1.1 Codification Chapter 2 — General principles of criminal responsibility
Part 2.1 — Purpose and application
Division 2
s 2.1 Purpose s 2.2 Application s 2.3 Application of provisions relating to intoxication Part 2.2 — The elements of an offence
Division 3 — General
s 3.1 Elements s 3.2 Establishing guilt in respect of offences Division 4 — Physical elements
s 4.1 Physical elements s 4.2 Voluntariness s 4.3 Omissions Division 5 — Fault elements
s 5.1 Fault elements s 5.2 Intention s 5.3 Knowledge s 5.4 Recklessness s 5.5 Negligence s 5.6 Offences that do not specify fault elements Division 6 — Cases where fault elements are not required
s 6.1 Strict liability s 6.2 Absolute liability Part 2.3 — Circumstances in which there is no criminal responsibility Division 7 — Circumstances involving lack of capacity
s 7.1 Children under 10 s 7.2 Children over 10 but under 14 s 7.3 Mental impairment Division 8 — Intoxication
s 8.1 Definition—self‑induced intoxication s 8.2 Intoxication (offences involving basic intent) s 8.3 Intoxication (negligence as fault element) s 8.4 Intoxication (relevance to defences) s 8.5 Involuntary intoxication Division 9 — Circumstances involving mistake or ignorance
s 9.1 Mistake or ignorance of fact (fault elements other than negligence) s 9.2 Mistake of fact (strict liability) s 9.3 Mistake or ignorance of statute law s 9.4 Mistake or ignorance of subordinate legislation s 9.5 Claim of right Division 10 — Circumstances involving external factors
s 10.1 Intervening conduct or event s 10.2 Duress s 10.3 Sudden or extraordinary emergency s 10.4 Self‑defence s 10.5 Lawful authority Part 2.4 — Extensions of criminal responsibility
Division 11
s 11.1 Attempt s 11.2 Complicity and common purpose s 11.2A Joint commission s 11.3 Commission by proxy s 11.4 Incitement s 11.5 Conspiracy s 11.6 References in Acts to offences Part 2.5 — Corporate criminal responsibility
Division 12
s 12.1 General principles s 12.2 Physical elements s 12.3 Fault elements other than negligence s 12.4 Negligence s 12.5 Mistake of fact (strict liability) s 12.6 Intervening conduct or event Part 2.6 — Proof of criminal responsibility
Division 13
s 13.1 Legal burden of proof—prosecution s 13.2 Standard of proof—prosecution s 13.3 Evidential burden of proof—defence s 13.4 Legal burden of proof—defence s 13.5 Standard of proof—defence s 13.6 Use of averments Part 2.7 — Geographical jurisdiction
Division 14 — Standard geographical jurisdiction
s 14.1 Standard geographical jurisdiction Division 15 — Extended geographical jurisdiction
s 15.1 Extended geographical jurisdiction—category A s 15.2 Extended geographical jurisdiction—category B s 15.3 Extended geographical jurisdiction—category C s 15.4 Extended geographical jurisdiction—category D Division 16 — Miscellaneous
s 16.1 Attorney‑General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances s 16.2 When conduct taken to occur partly in Australia s 16.3 Meaning of Australia s 16.4 Result of conduct Chapter 4 — The integrity and security of the international community and foreign governments
Division 70 — Bribery of foreign public officials
Subdivision A — Definitions
s 70.1 Definitions Subdivision B — Bribery of foreign public officials
s 70.2 Bribing a foreign public official s 70.2A Improper influence s 70.3 Defence—conduct lawful in foreign public official’s country s 70.4 Defence—facilitation payments s 70.5 Territorial and nationality requirements Subdivision C — Failure to prevent bribery of foreign public officials
s 70.5A Failing to prevent bribery of a foreign public official s 70.5B Guidance on preventing bribery of foreign public officials Subdivision D — Miscellaneous
s 70.5C Meaning of annual turnover s 70.5D Related bodies corporate s 70.6 Saving of other laws Division 71 — Offences against United Nations and associated personnel
s 71.1 Purpose s 71.2 Murder of a UN or associated person s 71.3 Manslaughter of a UN or associated person s 71.4 Intentionally causing serious harm to a UN or associated person s 71.5 Recklessly causing serious harm to a UN or associated person s 71.6 Intentionally causing harm to a UN or associated person s 71.7 Recklessly causing harm to a UN or associated person s 71.8 Unlawful sexual penetration s 71.9 Kidnapping a UN or associated person s 71.10 Unlawful detention of UN or associated person s 71.11 Intentionally causing damage to UN or associated person’s property etc s 71.12 Threatening to commit other offences s 71.13 Aggravated offences s 71.14 Defence—activities involving serious harm s 71.15 Defence—medical or hygienic procedures s 71.16 Jurisdictional requirement s 71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences s 71.18 Double jeopardy s 71.19 Saving of other laws s 71.20 Bringing proceedings under this Division s 71.21 Ministerial certificates relating to proceedings s 71.22 Jurisdiction of State courts preserved s 71.23 Definitions Division 72 — Explosives and lethal devices
Subdivision A — International terrorist activities using explosive or lethal devices
s 72.1 Purpose s 72.2 ADF members not liable for prosecution s 72.3 Offences s 72.4 Jurisdictional requirement s 72.5 Saving of other laws s 72.6 Double jeopardy and foreign offences s 72.7 Bringing proceedings under this Subdivision s 72.8 Ministerial certificates relating to proceedings s 72.9 Jurisdiction of State courts preserved s 72.10 Definitions Subdivision B — Plastic explosives
s 72.11 Purpose s 72.12 Trafficking in unmarked plastic explosives etc s 72.13 Importing or exporting unmarked plastic explosives etc s 72.14 Manufacturing unmarked plastic explosives etc s 72.15 Possessing unmarked plastic explosives etc s 72.16 Defences s 72.17 Packaging requirements for plastic explosives s 72.18 Authorisation for research etc s 72.19 Authorisation for defence and police purposes—15 year limit s 72.22 Authorisation for overseas defence purposes—7 day limit s 72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit s 72.24 Forfeited plastic explosives s 72.25 Surrendered plastic explosives s 72.26 Destruction of plastic explosives obtained overseas for defence purposes s 72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes s 72.28 Delegation by AFP Minister s 72.29 Delegation by Minister for Defence s 72.30 Review by Administrative Review Tribunal of authorisation decisions s 72.31 Geographical jurisdiction s 72.32 Saving of other laws s 72.33 Marking requirements s 72.34 Detection agents and minimum manufacture concentrations s 72.35 Presumption as to concentration of detection agent s 72.36 Definitions Subdivision C — Cluster munitions and explosive bomblets
s 72.37 Purpose s 72.38 Offences relating to cluster munitions s 72.39 Defence—acquisition or retention authorised by Defence Minister s 72.40 Defence—transfer for destruction etc s 72.41 Defence—acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions s 72.42 Defence—acts by military personnel of countries not party to Convention on Cluster Munitions s 72.43 Forfeiture of cluster munition s 72.44 Application of this Subdivision to explosive bomblets s 72.45 Definitions Division 73 — People smuggling and related offences
Subdivision A — People smuggling offences
s 73.1 Offence of people smuggling s 73.2 Aggravated offence of people smuggling (danger of death or serious harm etc.) s 73.3 Aggravated offence of people smuggling (at least 5 people) s 73.3A Supporting the offence of people smuggling s 73.4 Jurisdictional requirement s 73.5 Attorney‑General’s consent required Subdivision B — Document offences related to people smuggling and unlawful entry into foreign countries
s 73.6 Meaning of travel or identity document s 73.7 Meaning of false travel or identity document s 73.8 Making, providing or possessing a false travel or identity document s 73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats s 73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user s 73.11 Taking possession of or destroying another person’s travel or identity document s 73.12 Jurisdictional requirement Chapter 5 — The security of the Commonwealth
Part 5.1 — Treason and related offences
Division 80 — Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Subdivision A — Preliminary
s 80.1A Definitions s 80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979 Subdivision B — Treason
s 80.1 Treason s 80.1AA Treason—assisting enemy to engage in armed conflict s 80.1AB Proclamation of enemy engaged in armed conflict s 80.1AC Treachery Subdivision C — Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide
s 80.2 Urging violence against the Constitution etc s 80.2A Advocating force or violence against groups s 80.2B Advocating force or violence against members of groups or close associates s 80.2BA Threatening force or violence against groups s 80.2BB Threatening force or violence against members of groups or close associates s 80.2BC Advocating damage to or destruction of real property or motor vehicle s 80.2BD Threatening damage to or destruction of real property or motor vehicle s 80.2BE Advocating force or violence through causing damage to property s 80.2C Advocating terrorism s 80.2D Advocating genocide s 80.2DA Aggravated offence for religious officials or other spiritual leaders etc s 80.2DB Aggravated offence—advocating violence or property damage etc. to a child Subdivision CA — Publicly displaying, and trading in, prohibited symbols and giving Nazi salute
s 80.2E Prohibited symbols s 80.2F Meaning of displayed in a public place s 80.2FA Meaning of makes a gesture in a public place s 80.2G Meaning of trades s 80.2H Public display of prohibited Nazi symbols or giving Nazi salute s 80.2HA Public display of prohibited organisation symbols s 80.2J Trading in prohibited Nazi symbols s 80.2JA Trading in prohibited organisation symbols s 80.2K Directions to cease display of prohibited symbols in public s 80.2L Directions to cease display of prohibited symbols in public—person to whom, and form in which, direction may be given s 80.2M Directions to cease display of prohibited symbols in public—offence s 80.2N Seizing things displaying prohibited symbols in public Subdivision D — Common provisions
s 80.3 Defence for acts done in good faith s 80.4 Extended geographical jurisdiction for offences s 80.6 Division not intended to exclude State or Territory law Division 82 — Sabotage
Subdivision A — Preliminary
s 82.1 Definitions s 82.2 Public infrastructure s 82.2A Expressions also used in the Australian Security Intelligence Organisation Act 1979 Subdivision B — Offences
s 82.3 Offence of sabotage involving foreign principal with intention as to national security s 82.4 Offence of sabotage involving foreign principal reckless as to national security s 82.5 Offence of sabotage with intention as to national security s 82.6 Offence of sabotage reckless as to national security s 82.7 Offence of introducing vulnerability with intention as to national security s 82.8 Offence of introducing vulnerability reckless as to national security s 82.9 Preparing for or planning sabotage offence s 82.10 Defences s 82.11 Geographical jurisdiction s 82.12 Alternative verdicts s 82.13 Consent of Attorney‑General required for prosecutions Division 83 — Other threats to security
s 83.1A Expressions also used in the Australian Security Intelligence Organisation Act 1979 s 83.1 Advocating mutiny s 83.2 Assisting prisoners of war to escape s 83.3 Military‑style training involving foreign government principal etc s 83.4 Interference with political rights and duties s 83.5 Consent of Attorney‑General required for prosecutions Part 5.2 — Espionage and related offences
Division 90 — Preliminary
s 90.1 Definitions s 90.2 Definition of foreign principal s 90.3 Definition of foreign government principal s 90.4 Definition of national security s 90.5 Definition of security classification s 90.6 Expressions also used in the Australian Security Intelligence Organisation Act 1979 Division 91 — Espionage
Subdivision A — Espionage
s 91.1 Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal s 91.2 Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal s 91.3 Espionage—security classified information etc s 91.4 Defences s 91.5 Matters affecting sentencing for offence against subsection 91.1(1) s 91.6 Aggravated espionage offence s 91.7 Geographical jurisdiction Subdivision B — Espionage on behalf of foreign principal
s 91.8 Espionage on behalf of foreign principal s 91.9 Defences s 91.10 Geographical jurisdiction Subdivision C — Espionage‑related offences
s 91.11 Offence of soliciting or procuring an espionage offence or making it easier to do so s 91.12 Offence of preparing for an espionage offence s 91.13 Defences s 91.14 Geographical jurisdiction Division 92 — Foreign interference
Subdivision A — Preliminary
s 92.1 Definitions Subdivision B — Foreign interference
s 92.2 Offence of intentional foreign interference s 92.3 Offence of reckless foreign interference s 92.4 Offence of preparing for a foreign interference offence s 92.5 Defence s 92.6 Geographical jurisdiction Subdivision C — Foreign interference involving foreign intelligence agencies
s 92.7 Knowingly supporting foreign intelligence agency s 92.8 Recklessly supporting foreign intelligence agency s 92.9 Knowingly funding or being funded by foreign intelligence agency s 92.10 Recklessly funding or being funded by foreign intelligence agency s 92.11 Defence Division 92A — Theft of trade secrets involving foreign government principal
s 92A.1 Theft of trade secrets involving foreign government principal s 92A.2 Geographical jurisdiction Division 93 — Prosecutions and hearings
s 93.1 Consent of Attorney‑General required for prosecutions s 93.2 Hearing in camera etc s 93.4 Fault elements for attempted espionage offences s 93.5 Alternative verdicts Division 94 — Forfeiture
s 94.1 Forfeiture of articles etc Part 5.3 — Terrorism
Division 100 — Preliminary
s 100.1 Definitions s 100.2 Referring States s 100.3 Constitutional basis for the operation of this Part s 100.4 Application of provisions s 100.5 Application of Acts Interpretation Act 1901 s 100.6 Concurrent operation intended s 100.7 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws s 100.8 Approval for changes to or affecting this Part Division 101 — Terrorism
s 101.1 Terrorist acts s 101.2 Providing or receiving training connected with terrorist acts s 101.4 Possessing things connected with terrorist acts s 101.5 Collecting or making documents likely to facilitate terrorist acts s 101.6 Other acts done in preparation for, or planning, terrorist acts Division 102 — Terrorist organisations
Subdivision A — Definitions
s 102.1 Definitions s 102.1AA Including or removing names of prescribed terrorist organisations s 102.1A Reviews by Parliamentary Joint Committee on Intelligence and Security Subdivision B — Offences
s 102.2 Directing the activities of a terrorist organisation s 102.3 Membership of a terrorist organisation s 102.4 Recruiting for a terrorist organisation s 102.5 Training involving a terrorist organisation s 102.6 Getting funds to, from or for a terrorist organisation s 102.7 Providing support to a terrorist organisation s 102.8 Associating with terrorist organisations Subdivision C — General provisions relating to offences
s 102.9 Extended geographical jurisdiction for offences s 102.10 Alternative verdicts Division 103 — Financing terrorism
s 103.1 Financing terrorism s 103.2 Financing a terrorist s 103.3 Extended geographical jurisdiction for offences Division 104 — Control orders
Subdivision A — Objects of this Division
s 104.1 Objects of this Division s 104.1A State terrorist acts etc Subdivision B — Making an interim control order
s 104.2 AFP Minister’s consent to request an interim control order s 104.3 Requesting the court to make an interim control order s 104.4 Making an interim control order s 104.5 Terms of an interim control order s 104.5A Conditions of an interim control order s 104.5B Conditions where exemptions may be granted s 104.5C Treatment of photographs and impressions of fingerprints s 104.5D Obligations relating to monitoring devices Subdivision C — Making an urgent interim control order
s 104.6 Requesting an urgent interim control order by electronic means s 104.7 Making an urgent interim control order by electronic means s 104.8 Requesting an urgent interim control order in person s 104.9 Making an urgent interim control order in person s 104.10 Obtaining the AFP Minister’s consent within 8 hours s 104.11 Court to assume that exercise of power not authorised by urgent interim control order Subdivision D — Confirming an interim control order
s 104.12 Service, explanation and notification of an interim control order s 104.12A Election to confirm control order s 104.13 Lawyer may request a copy of an interim control order s 104.14 Confirming an interim control order s 104.15 Effect of confirmation process on interim control orders s 104.16 Terms of a confirmed control order s 104.17 Service of a declaration, or a revocation, variation or confirmation of a control order s 104.17A Cessation of a control order if post‑sentence order made Subdivision E — Rights in respect of a control order
s 104.18 Application by the person for a revocation or variation of a control order s 104.19 Application by the AFP Commissioner for a revocation or variation of a control order s 104.20 Revocation or variation of a control order on application by the person or the AFP Commissioner s 104.21 Lawyer may request a copy of a control order Subdivision EA — Varying a control order by consent
s 104.22 Varying control order by consent Subdivision F — Adding conditions to a control order
s 104.23 Application by the AFP Commissioner for addition of conditions s 104.24 Varying a control order s 104.25 Terms of a varied control order s 104.26 Service and explanation of a varied control order Subdivision G — Offences relating to control orders
s 104.27 Offence for contravening a control order s 104.27A Offence relating to monitoring devices Subdivision H — Special rules for young people (14 to 17)
s 104.28 Special rules for young people Subdivision I — Miscellaneous
s 104.28A Interlocutory proceedings s 104.28AA Costs in control order proceedings s 104.28B Giving documents to persons detained in custody s 104.28C Sharing information relating to electronic monitoring s 104.28D Arrangements for electronic monitoring and other functions and powers s 104.29 Reporting requirements s 104.30 Requirement to notify AFP Minister of declarations, revocations or variations s 104.31 Queensland public interest monitor functions and powers not affected s 104.32 Sunset provision Division 105 — Preventative detention orders
Subdivision A — Preliminary
s 105.1 Object s 105.1A State terrorist acts s 105.2 Issuing authorities for continued preventative detention orders s 105.3 Police officer detaining person under a preventative detention order Subdivision B — Preventative detention orders
s 105.4 Basis for applying for, and making, preventative detention orders s 105.5 No preventative detention order in relation to person under 16 years of age s 105.5A Special assistance for person with inadequate knowledge of English language or disability s 105.6 Restrictions on multiple preventative detention orders s 105.7 Application for initial preventative detention order s 105.8 Senior AFP member may make initial preventative detention order s 105.9 Duration of initial preventative detention order s 105.10 Extension of initial preventative detention order s 105.10A Notice of application for continued preventative detention order s 105.11 Application for continued preventative detention order s 105.12 Judge or retired judge may make continued preventative detention order s 105.13 Duration of continued preventative detention order s 105.14 Extension of continued preventative detention order s 105.14A Basis for applying for, and making, prohibited contact order s 105.15 Prohibited contact order (person in relation to whom preventative detention order is being sought) s 105.16 Prohibited contact order (person in relation to whom preventative detention order is already in force) s 105.17 Revocation of preventative detention order or prohibited contact order s 105.18 Status of person making continued preventative detention order Subdivision C — Carrying out preventative detention orders
s 105.19 Power to detain person under preventative detention order s 105.20 Endorsement of order with date and time person taken into custody s 105.21 Requirement to provide name etc s 105.22 Power to enter premises s 105.23 Power to conduct a frisk search s 105.24 Power to conduct an ordinary search s 105.25 Warrant under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 s 105.26 Release of person from preventative detention s 105.27 Arrangement for detainee to be held in State or Territory prison or remand centre Subdivision D — Informing person detained about preventative detention order
s 105.28 Effect of initial preventative detention order to be explained to person detained s 105.29 Effect of continued preventative detention order to be explained to person detained s 105.30 Person being detained to be informed of extension of preventative detention order s 105.31 Compliance with obligations to inform s 105.32 Copy of preventative detention order Subdivision E — Treatment of person detained
s 105.33 Humane treatment of person being detained s 105.33A Detention of persons under 18 s 105.34 Restriction on contact with other people s 105.35 Contacting family members etc s 105.36 Contacting Ombudsman etc s 105.37 Contacting lawyer s 105.38 Monitoring contact under section 105.35 or 105.37 s 105.39 Special contact rules for person under 18 or incapable of managing own affairs s 105.40 Entitlement to contact subject to prohibited contact order s 105.41 Disclosure offences s 105.42 Questioning of person prohibited while person is detained s 105.43 Taking fingerprints, recordings, samples of handwriting or photographs s 105.44 Use of identification material s 105.45 Offences of contravening safeguards Subdivision F — Miscellaneous
s 105.46 Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2) s 105.47 Annual report s 105.48 Certain functions and powers not affected s 105.49 Queensland public interest monitor functions and powers not affected s 105.50 Law relating to legal professional privilege not affected s 105.51 Legal proceedings in relation to preventative detention orders s 105.52 Review by State and Territory courts s 105.53 Sunset provision Division 105A — Post‑sentence orders
Subdivision A — Object and definitions
s 105A.1 Object s 105A.2 Definitions s 105A.2A Persons who have escaped from custody Subdivision B — Post‑sentence orders
s 105A.3 Who a post‑sentence order may apply to and effect of post‑sentence orders s 105A.3A Preconditions for post‑sentence orders s 105A.4 Treatment of a terrorist offender in a prison under a continuing detention order Subdivision C — Making post‑sentence orders
s 105A.5 Applying for a post‑sentence order s 105A.6 Appointment of and assessment by relevant expert s 105A.6A Determining an application for a post‑sentence order s 105A.6B Matters a Court must have regard to in making a post‑sentence order s 105A.7 Making a continuing detention order s 105A.7A Making an extended supervision order s 105A.7B Conditions of extended supervision orders and interim supervision orders s 105A.7C Conditions where exemptions may be granted s 105A.7D Treatment of photographs and impressions of fingerprints s 105A.7E Obligations relating to monitoring devices s 105A.7F Copy of an extended supervision order etc. must be given to terrorist offender’s lawyer Subdivision CA — Making interim post‑sentence orders
s 105A.9 Interim detention orders s 105A.9A Interim supervision orders Subdivision CB — Varying an extended supervision order or interim supervision order
s 105A.9B Application for variations of extended supervision orders and interim supervision orders s 105A.9C Varying an extended supervision order or interim supervision order (other than by consent) s 105A.9D Varying extended supervision order or interim supervision order by consent s 105A.9E Terms of a varied extended supervision order or interim supervision order Subdivision D — Review of post‑sentence order
s 105A.10 Periodic review of post‑sentence order s 105A.11 Review of post‑sentence order on application s 105A.12 Process for reviewing a post‑sentence order s 105A.12A Varying post‑sentence orders after review Subdivision E — Provisions relating to post‑sentence order proceedings
s 105A.13 Civil evidence and procedure rules in relation to post‑sentence order proceedings s 105A.14 Adducing evidence and making submissions s 105A.14A Giving copies of applications etc. to terrorist offenders s 105A.14B Information excluded from application or material—national security information s 105A.14C Information excluded from application or material—public interest immunity s 105A.14D Information excluded from application and material—terrorism material s 105A.15 Giving documents to terrorist offenders who are in custody s 105A.15A When a terrorist offender is unable to engage a legal representative s 105A.16 Reasons for decisions s 105A.17 Right of appeal s 105A.18 Consequences of sentences ending or orders ceasing to be in force s 105A.18AA Persons in non‑prison custody taken to be in the community Subdivision EA — Offences relating to extended supervision orders and interim supervision orders
s 105A.18A Offence for contravening an extended supervision order or an interim supervision order s 105A.18B Offence relating to monitoring devices Subdivision F — Miscellaneous
s 105A.18C Effect of prison detention on post‑sentence order s 105A.18D AFP Minister may direct terrorist offenders to be assessed s 105A.19 Sharing information s 105A.19A Sharing information relating to supervision orders s 105A.20 Delegation by the AFP Minister s 105A.21 Arrangement with States and Territories s 105A.21A Arrangements by Australian Federal Police Commissioner for functions and powers relating to supervision orders s 105A.22 Annual report s 105A.23 Warning about post‑sentence orders when sentencing for certain offences s 105A.24 Effect of continuing detention orders on bail or parole laws s 105A.25 Sunset provision Division 106 — Transitional provisions
s 106.1 Saving—regulations originally made for the purposes of paragraph (c) of the definition of terrorist organisation s 106.2 Saving—regulations made for the purposes of paragraph (a) of the definition of terrorist organisation s 106.3 Application provision s 106.4 Saving—Judges of the Federal Circuit Court s 106.5 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014 s 106.6 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014 s 106.7 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016 s 106.8 Application provision for amendments in the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 s 106.9 Application—Counter‑Terrorism Legislation Amendment Act (No. 1) 2018 s 106.10 Application—Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 s 106.11 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 s 106.12 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 s 106.13 Application and transitional—Counter ‑Terrorism and Other Legislation Amendment Act 2023 Part 5.3A — State sponsors of terrorism
Division 110 — Preliminary
Subdivision A — Definitions
s 110.1 Definitions s 110.2 When a terrorist act is targeted at Australia Subdivision B — State sponsors of terrorism
s 110.3 Meaning of state sponsor of terrorism s 110.4 Including or removing names of specified state sponsor of terrorism s 110.5 Declaration in relation to a state sponsor of terrorism s 110.6 Application for declaration s 110.7 Reviews by Parliamentary Joint Committee on Intelligence and Security Subdivision C — Interaction with State and Territory laws
s 110.8 Concurrent operation intended s 110.9 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws Division 111 — State terrorist acts etc.
Subdivision A — Activities relating to state terrorist acts
s 111.1 Meaning of state terrorist act s 111.2 Engaging in state terrorist acts s 111.3 Providing or receiving training connected with state terrorist acts s 111.4 Possessing things connected with state terrorist acts s 111.5 Collecting or making documents likely to facilitate state terrorist acts s 111.6 Other acts done in preparation for, or planning, state terrorist acts Subdivision B — Activities of state sponsor of terrorism relating to terrorist acts engaged in by others
s 111.7 Providing or receiving training connected with terrorist acts s 111.8 Possessing things connected with terrorist acts s 111.9 Collecting or making documents likely to facilitate terrorist acts s 111.10 Other acts done in preparation for, or planning, terrorist acts Division 112 — Dealings with state sponsor of terrorism
s 112.1 Directing the activities of a state sponsor of terrorism s 112.2 Membership of a state sponsor of terrorism s 112.3 Recruiting for a state sponsor of terrorism s 112.4 Training involving a state sponsor of terrorism s 112.5 Getting funds to, from or for a state sponsor of terrorism s 112.6 Providing support to a state sponsor of terrorism s 112.7 Associating with state sponsor of terrorism s 112.8 General defences Division 113 — Financing state terrorist act targeted at Australia
s 113.1 Financing state terrorist act targeted at Australia s 113.2 Financing person involved in state terrorist act targeted at Australia s 113.3 General defences Division 114 — General provisions relating to offences
s 114.1 How offences apply to foreign state entities s 114.2 Extended geographical jurisdiction for offences s 114.3 Alternative verdicts s 114.4 Attorney‑General’s consent required Part 5.3B — Prohibited hate groups
Division 114A — Preliminary
s 114A.1 Objects s 114A.2 Definitions s 114A.3 Definition of hate crime s 114A.4 Regulations specifying prohibited hate groups s 114A.5 Director‑General of Security advice to be provided before specifying an organisation as a prohibited hate group s 114A.6 Engaging with the Attorney‑General and Leader of the Opposition s 114A.7 Including or removing names of prohibited hate groups s 114A.8 De‑listing a prohibited hate group s 114A.9 Reviews by Parliamentary Joint Committee on Intelligence and Security Division 114B — Offences
s 114B.1 Directing the activities of a prohibited hate group s 114B.2 Membership of a prohibited hate group s 114B.3 Recruiting for a prohibited hate group s 114B.4 Training involving a prohibited hate group s 114B.5 Getting funds to, from or for a prohibited hate group s 114B.6 Providing support to a prohibited hate group s 114B.7 General defences Division 114C — General provisions relating to offences
s 114C.1 Extended geographical jurisdiction for offences s 114C.2 Alternative verdicts Part 5.4 — Harming Australians
Division 115 — Harming Australians
s 115.1 Murder of an Australian citizen or a resident of Australia s 115.2 Manslaughter of an Australian citizen or a resident of Australia s 115.3 Intentionally causing serious harm to an Australian citizen or a resident of Australia s 115.4 Recklessly causing serious harm to an Australian citizen or a resident of Australia s 115.5 Saving of other laws s 115.6 Bringing proceedings under this Division s 115.7 Ministerial certificates relating to proceedings s 115.8 Geographical jurisdiction s 115.9 Meaning of causes death or harm Part 5.5 — Foreign incursions and recruitment
Division 117 — Preliminary
s 117.1 Definitions s 117.2 Extended geographical jurisdiction—category D Division 119 — Foreign incursions and recruitment
s 119.1 Incursions into foreign countries with the intention of engaging in hostile activities s 119.2 Entering, or remaining in, declared areas s 119.3 Declaration of areas for the purposes of section 119.2 s 119.4 Preparations for incursions into foreign countries for purpose of engaging in hostile activities s 119.5 Allowing use of buildings, vessels and aircraft to commit offences s 119.6 Recruiting persons to join organisations engaged in hostile activities against foreign governments s 119.7 Recruiting persons to serve in or with an armed force in a foreign country s 119.8 Declaration in relation to specified armed forces s 119.9 Exception—conduct for defence or international relations of Australia s 119.10 Mode of trial s 119.11 Consent of Attorney‑General required for prosecutions s 119.12 Declarations for the purposes of proceedings Part 5.6 — Secrecy of information
Division 121 — Preliminary
s 121.1 Definitions s 121.2 Definition of proper place of custody Division 122 — Secrecy of information
s 122.1 Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc s 122.2 Conduct by current and former Commonwealth officers etc. causing harm to Australia’s interests s 122.3 Aggravated offence s 122.4 Unauthorised disclosure of information by current and former Commonwealth officers etc s 122.4A Communicating and dealing with information by non‑Commonwealth officers etc s 122.5 Defences Division 123 — Miscellaneous
s 123.1 Injunctions s 123.2 Forfeiture of articles etc s 123.3 Extended geographical jurisdiction—category D s 123.4 Effect of this Part on other rights, privileges, immunities or defences s 123.5 Requirements before proceedings can be initiated Chapter 7 — The proper administration of Government
Part 7.1 — Preliminary
Division 130 — Preliminary
s 130.1 Definitions s 130.2 When property belongs to a person s 130.3 Dishonesty s 130.4 Determination of dishonesty to be a matter for the trier of fact Part 7.2 — Theft and other property offences
Division 131 — Theft
s 131.1 Theft s 131.2 Special rules about the meaning of dishonesty s 131.3 Appropriation of property s 131.4 Theft of land or things forming part of land s 131.5 Trust property s 131.6 Obligation to deal with property in a particular way s 131.7 Property obtained because of fundamental mistake s 131.8 Property of a corporation sole s 131.9 Property belonging to 2 or more persons s 131.10 Intention of permanently depriving a person of property s 131.11 General deficiency Division 132 — Other property offences
s 132.1 Receiving s 132.2 Robbery s 132.3 Aggravated robbery s 132.4 Burglary s 132.5 Aggravated burglary s 132.6 Making off without payment s 132.7 Going equipped for theft or a property offence s 132.8 Dishonest taking or retention of property s 132.8A Damaging Commonwealth property s 132.9 Geographical jurisdiction Part 7.3 — Fraudulent conduct
Division 133 — Preliminary
s 133.1 Definitions Division 134 — Obtaining property or a financial advantage by deception
s 134.1 Obtaining property by deception s 134.2 Obtaining a financial advantage by deception s 134.3 Geographical jurisdiction Division 135 — Other offences involving fraudulent conduct
s 135.1 General dishonesty s 135.2 Obtaining financial advantage s 135.4 Conspiracy to defraud s 135.5 Geographical jurisdiction Part 7.4 — False or misleading statements
Division 136 — False or misleading statements in applications
s 136.1 False or misleading statements in applications Division 137 — False or misleading information or documents
s 137.1 False or misleading information s 137.1A Aggravated offence for giving false or misleading information s 137.2 False or misleading documents s 137.3 Geographical jurisdiction Part 7.5 — Unwarranted demands
Division 138 — Preliminary
s 138.1 Unwarranted demand with menaces s 138.2 Menaces Division 139 — Unwarranted demands
s 139.1 Unwarranted demands of a Commonwealth public official s 139.2 Unwarranted demands made by a Commonwealth public official s 139.3 Geographical jurisdiction Part 7.6 — Bribery and related offences
Division 140 — Preliminary
s 140.1 Definition s 140.2 Obtaining Division 141 — Bribery
s 141.1 Bribery of a Commonwealth public official Division 142 — Offences relating to bribery
s 142.1 Corrupting benefits given to, or received by, a Commonwealth public official s 142.2 Abuse of public office s 142.3 Geographical jurisdiction Part 7.7 — Forgery and related offences
Division 143 — Preliminary
s 143.1 Definitions s 143.2 False documents s 143.3 False Commonwealth documents s 143.4 Inducing acceptance of false documents Division 144 — Forgery
s 144.1 Forgery Division 145 — Offences relating to forgery
s 145.1 Using forged document s 145.2 Possession of forged document s 145.3 Possession, making or adaptation of devices etc. for making forgeries s 145.4 Falsification of documents etc s 145.5 Giving information derived from false or misleading documents s 145.6 Geographical jurisdiction Part 7.8 — Causing harm to or obstructing Commonwealth public officials and impersonating Commonwealth public officials or bodies
Division 146 — Preliminary
s 146.1 Definitions s 146.2 Causing harm Division 147 — Causing harm to Commonwealth public officials
s 147.1 Causing harm to a Commonwealth public official etc s 147.2 Threatening to cause harm to a Commonwealth public official etc s 147.3 Geographical jurisdiction Division 148 — Impersonation of Commonwealth public officials
s 148.1 Impersonation of an official by a non‑official s 148.2 Impersonation of an official by another official s 148.3 Geographical jurisdiction Division 149 — Obstruction of Commonwealth public officials
s 149.1 Obstruction of Commonwealth public officials Division 150 — False representations in relation to a Commonwealth body
Subdivision A — Offences
s 150.1 False representations in relation to a Commonwealth body Subdivision B — Injunctions
s 150.5 Injunctions Part 7.20 — Miscellaneous
Division 261 — Miscellaneous
s 261.1 Saving of other laws s 261.2 Contempt of court s 261.3 Ancillary offences Volume 2
Chapter 8 — Offences against humanity and related offences
Division 268 — Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court
Subdivision A — Introductory
s 268.1 Purpose of Division s 268.2 Outline of offences Subdivision B — Genocide
s 268.3 Genocide by killing s 268.4 Genocide by causing serious bodily or mental harm s 268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction s 268.6 Genocide by imposing measures intended to prevent births s 268.7 Genocide by forcibly transferring children Subdivision C — Crimes against humanity
s 268.8 Crime against humanity—murder s 268.9 Crime against humanity—extermination s 268.10 Crime against humanity—enslavement s 268.11 Crime against humanity—deportation or forcible transfer of population s 268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty s 268.13 Crime against humanity—torture s 268.14 Crime against humanity—rape s 268.15 Crime against humanity—sexual slavery s 268.16 Crime against humanity—enforced prostitution s 268.17 Crime against humanity—forced pregnancy s 268.18 Crime against humanity—enforced sterilisation s 268.19 Crime against humanity—sexual violence s 268.20 Crime against humanity—persecution s 268.21 Crime against humanity—enforced disappearance of persons s 268.22 Crime against humanity—apartheid s 268.23 Crime against humanity—other inhumane act Subdivision D — War crimes that are grave breaches of the Geneva Conventions and of Protocol I to the Geneva Conventions
s 268.24 War crime—wilful killing s 268.25 War crime—torture s 268.26 War crime—inhumane treatment s 268.27 War crime—biological experiments s 268.28 War crime—wilfully causing great suffering s 268.29 War crime—destruction and appropriation of property s 268.30 War crime—compelling service in hostile forces s 268.31 War crime—denying a fair trial s 268.32 War crime—unlawful deportation or transfer s 268.33 War crime—unlawful confinement s 268.34 War crime—taking hostages Subdivision E — Other serious war crimes that are committed in the course of an international armed conflict
s 268.35 War crime—attacking civilians s 268.36 War crime—attacking civilian objects s 268.37 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission s 268.38 War crime—excessive incidental death, injury or damage s 268.39 War crime—attacking undefended places s 268.40 War crime—killing or injuring a person who is hors de combat s 268.41 War crime—improper use of a flag of truce s 268.42 War crime—improper use of a flag, insignia or uniform of the adverse party s 268.43 War crime—improper use of a flag, insignia or uniform of the United Nations s 268.44 War crime—improper use of the distinctive emblems of the Geneva Conventions s 268.45 War crime—transfer of population s 268.46 War crime—attacking protected objects s 268.47 War crime—mutilation s 268.48 War crime—medical or scientific experiments s 268.49 War crime—treacherously killing or injuring s 268.50 War crime—denying quarter s 268.51 War crime—destroying or seizing the enemy’s property s 268.52 War crime—depriving nationals of the adverse power of rights or actions s 268.53 War crime—compelling participation in military operations s 268.54 War crime—pillaging s 268.55 War crime—employing poison or poisoned weapons s 268.56 War crime—employing prohibited gases, liquids, materials or devices s 268.57 War crime—employing prohibited bullets s 268.58 War crime—outrages upon personal dignity s 268.59 War crime—rape s 268.60 War crime—sexual slavery s 268.61 War crime—enforced prostitution s 268.62 War crime—forced pregnancy s 268.63 War crime—enforced sterilisation s 268.64 War crime—sexual violence s 268.65 War crime—using protected persons as shields s 268.66 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions s 268.67 War crime—starvation as a method of warfare s 268.68 War crime—using, conscripting or enlisting children Subdivision F — War crimes that are serious violations of article 3 common to the Geneva Conventions and are committed in the course of an armed conflict that is not an international armed conflict
s 268.69 Definition of religious personnel s 268.70 War crime—murder s 268.71 War crime—mutilation s 268.72 War crime—cruel treatment s 268.73 War crime—torture s 268.74 War crime—outrages upon personal dignity s 268.75 War crime—taking hostages s 268.76 War crime—sentencing or execution without due process Subdivision G — War crimes that are other serious violations of the laws and customs applicable in an armed conflict that is not an international armed conflict
s 268.77 War crime—attacking civilians s 268.78 War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions s 268.79 War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission s 268.80 War crime—attacking protected objects s 268.81 War crime—pillaging s 268.82 War crime—rape s 268.83 War crime—sexual slavery s 268.84 War crime—enforced prostitution s 268.85 War crime—forced pregnancy s 268.86 War crime—enforced sterilisation s 268.87 War crime—sexual violence s 268.88 War crime—using, conscripting or enlisting children s 268.89 War crime—displacing civilians s 268.90 War crime—treacherously killing or injuring s 268.91 War crime—denying quarter s 268.92 War crime—mutilation s 268.93 War crime—medical or scientific experiments s 268.94 War crime—destroying or seizing an adversary’s property Subdivision H — War crimes that are grave breaches of Protocol I to the Geneva Conventions
s 268.95 War crime—medical procedure s 268.96 War crime—removal of blood, tissue or organs for transplantation s 268.97 War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians s 268.98 War crime—attacking undefended places or demilitarized zones s 268.99 War crime—unjustifiable delay in the repatriation of prisoners of war or civilians s 268.100 War crime—apartheid s 268.101 War crime—attacking protected objects Subdivision J — Crimes against the administration of the justice of the International Criminal Court
s 268.102 Perjury s 268.103 Falsifying evidence s 268.104 Destroying or concealing evidence s 268.105 Deceiving witnesses s 268.106 Corrupting witnesses or interpreters s 268.107 Threatening witnesses or interpreters s 268.108 Preventing witnesses or interpreters s 268.109 Preventing production of things in evidence s 268.110 Reprisals against witnesses s 268.111 Reprisals against officials of the International Criminal Court s 268.112 Perverting the course of justice s 268.113 Receipt of a corrupting benefit by an official of the International Criminal Court s 268.114 Subdivision not to apply to certain conduct Subdivision K — Miscellaneous
s 268.115 Responsibility of commanders and other superiors s 268.116 Defence of superior orders s 268.117 Geographical jurisdiction s 268.118 Double jeopardy s 268.119 Offences related to exercise of jurisdiction of International Criminal Court s 268.120 Saving of other laws s 268.121 Bringing proceedings under this Division s 268.122 Attorney‑General’s decisions in relation to consents to be final s 268.123 Legal representation s 268.124 Proof of application of Geneva Conventions or Protocol I to the Geneva Conventions s 268.125 Meaning of civilian Division 270 — Slavery and slavery‑like offences
Subdivision A — Preliminary
s 270.1A Definitions for Division 270 Subdivision B — Slavery
s 270.1 Definition of slavery s 270.2 Slavery is unlawful s 270.3 Slavery offences s 270.3A Slavery offences—geographical jurisdiction s 270.3B Prosecutions Subdivision C — Slavery‑like offences
s 270.4 Definition of servitude s 270.5 Servitude offences s 270.6 Definition of forced labour s 270.6A Forced labour offences s 270.7 Deceptive recruiting for labour or services s 270.7A Definition of forced marriage s 270.7B Forced marriage offences s 270.7C Offence of debt bondage s 270.8 Slavery‑like offences—aggravated offences s 270.9 Slavery‑like offences—jurisdictional requirement s 270.10 Slavery‑like offences—relevant evidence Subdivision D — Offences against Division 270: general
s 270.11 Offences against Division 270—no defence of victim consent or acquiescence s 270.12 Offences against Division 270—other laws not excluded s 270.13 Offences against Division 270—double jeopardy Division 271 — Trafficking in persons
Subdivision A — Definitions
s 271.1 Definitions s 271.1A Definition of exploitation Subdivision B — Offences relating to trafficking in persons
s 271.2 Offence of trafficking in persons s 271.3 Trafficking in persons—aggravated offence s 271.4 Offence of trafficking in children s 271.5 Offence of domestic trafficking in persons s 271.6 Domestic trafficking in persons—aggravated offence s 271.7 Offence of domestic trafficking in children Subdivision BA — Organ trafficking
s 271.7A Removal of organs contrary to this Subdivision s 271.7B Offence of organ trafficking—entry into and exit from Australia s 271.7C Organ trafficking—aggravated offence s 271.7D Offence of domestic organ trafficking s 271.7E Domestic organ trafficking—aggravated offence Subdivision BB — Harbouring a victim
s 271.7F Harbouring a victim s 271.7G Harbouring a victim—aggravated offence Subdivision D — Offences against Division 271: general
s 271.10 Jurisdictional requirements—offences other than domestic trafficking in persons or organs s 271.11 Jurisdictional requirements—offences of domestic trafficking in persons or organs s 271.11A Offences against Division 271—relevant evidence s 271.11B Offences against Division 271—no defence of victim consent or acquiescence s 271.12 Offences against Division 271—other laws not excluded s 271.13 Double jeopardy Division 271A — Overseas travel by certain registered offenders
s 271A.1 Restrictions on overseas travel by certain registered offenders Division 272 — Child sex offences outside Australia
Subdivision A — Preliminary
s 272.1 Definitions s 272.2 When conduct causes a person to engage in sexual intercourse or other sexual activity s 272.3 Meaning of position of trust or authority s 272.4 Meaning of sexual intercourse s 272.5 Meaning of offence against this Division and extension of criminal responsibility s 272.6 Who can be prosecuted for an offence committed outside Australia s 272.7 Saving of other laws Subdivision B — Sexual offences against children outside Australia
s 272.8 Sexual intercourse with child outside Australia s 272.9 Sexual activity (other than sexual intercourse) with child outside Australia s 272.10 Aggravated offence—sexual intercourse or other sexual activity with child outside Australia s 272.11 Persistent sexual abuse of child outside Australia s 272.12 Sexual intercourse with young person outside Australia—defendant in position of trust or authority s 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority s 272.14 Procuring child to engage in sexual activity outside Australia s 272.15 “Grooming” child to engage in sexual activity outside Australia s 272.15A “Grooming” person to make it easier to engage in sexual activity with a child outside Australia s 272.16 Defence based on belief about age s 272.17 Defence based on valid and genuine marriage Subdivision C — Offences of benefiting from, encouraging or preparing for sexual offences against children outside Australia
s 272.18 Benefiting from offence against this Division s 272.19 Encouraging offence against this Division s 272.20 Preparing for or planning offence against this Division Subdivision E — Other rules about conduct of trials
s 272.27 Evidence relating to a person’s age s 272.28 Alternative verdicts s 272.29 Double jeopardy s 272.30 Sentencing s 272.31 Consent to commencement of proceedings where defendant under 18 Division 273 — Offences involving child abuse material outside Australia
Subdivision A — Preliminary
s 273.1 Definitions s 273.2 Who can be prosecuted for an offence committed outside Australia s 273.2A Consent to commencement of proceedings where defendant under 18 s 273.3 Double jeopardy s 273.4 Saving of other laws Subdivision B — Offences committed overseas involving child abuse material
s 273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia s 273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people s 273.8 Alternative verdict if aggravated offence not proven Subdivision C — Defences
s 273.9 Defences to offences against this Division Division 273A — Possession of child‑like sex dolls etc.
s 273A.1 Possession of child‑like sex dolls etc s 273A.2 Defences s 273A.3 Saving of other laws Division 273B — Protection of children
Subdivision A — Preliminary
s 273B.1 Definitions s 273B.2 Geographical jurisdiction s 273B.3 Double jeopardy Subdivision B — Offences relating to the protection of children
s 273B.4 Failing to protect child at risk of child sexual abuse offence s 273B.5 Failing to report child sexual abuse offence Subdivision C — Rules about conduct of trials
s 273B.6 Consent to commence proceedings s 273B.7 Evidence relating to a person’s age Subdivision D — Relationship with other laws
s 273B.8 Relationship with State and Territory laws s 273B.9 Protection from other laws etc. for complying with this Division Division 274 — Torture
s 274.1 Definitions s 274.2 Torture s 274.3 Prosecutions s 274.4 No defence of exceptional circumstances or superior orders s 274.5 Jurisdiction of State/Territory courts preserved s 274.6 Concurrent operation intended s 274.7 Double jeopardy Division 279 — Video link evidence
s 279.1 Proceedings to which this Division applies s 279.2 When court may take evidence by video link s 279.3 Technical requirements for video link s 279.4 Application of laws about witnesses s 279.5 Administration of oaths and affirmations s 279.6 Expenses s 279.7 Other laws about foreign evidence not affected Chapter 9 — Dangers to the community
Part 9.1 — Serious drug offences
Division 300 — Preliminary
s 300.1 Purpose s 300.2 Definitions s 300.3 Geographical jurisdiction s 300.4 Concurrent operation intended s 300.5 Particular identity of drugs, plants and precursors s 300.6 Recklessness as to nature of substance or plant sufficient for offence of attempt to commit an offence against this Part Division 301 — Serious drugs and precursors
Subdivision A — Serious drugs and precursors: definitions
s 301.1 Meaning of controlled drug s 301.2 Meaning of controlled plant s 301.3 Meaning of controlled precursor s 301.4 Meaning of border controlled drug s 301.5 Meaning of border controlled plant s 301.6 Meaning of border controlled precursor s 301.7 Serious drugs—conditions for listing by regulation s 301.8 Serious drug precursors—conditions for listing by regulation s 301.9 Meaning of drug analogue Subdivision B — Serious drugs and precursors: commercial, marketable and trafficable quantities
s 301.10 Meaning of commercial quantity s 301.11 Meaning of marketable quantity s 301.12 Meaning of trafficable quantity Subdivision C — Serious drugs and precursors: emergency determinations
s 301.13 Emergency determinations—serious drugs s 301.14 Emergency determinations—serious drug precursors s 301.15 Emergency determinations—commercial, marketable and trafficable quantities s 301.16 Emergency determinations—effectiveness s 301.17 Emergency determinations—publication Division 302 — Trafficking controlled drugs
s 302.1 Meaning of traffics s 302.2 Trafficking commercial quantities of controlled drugs s 302.3 Trafficking marketable quantities of controlled drugs s 302.4 Trafficking controlled drugs s 302.5 Presumption where trafficable quantities are involved s 302.6 Purchase of controlled drugs is not an ancillary offence Division 303 — Commercial cultivation of controlled plants
s 303.1 Meanings of cultivate and cultivates a plant s 303.2 Meaning of product of a plant s 303.3 Meaning of cultivates a plant for a commercial purpose s 303.4 Cultivating commercial quantities of controlled plants s 303.5 Cultivating marketable quantities of controlled plants s 303.6 Cultivating controlled plants s 303.7 Presumption where trafficable quantities are involved Division 304 — Selling controlled plants
s 304.1 Selling commercial quantities of controlled plants s 304.2 Selling marketable quantities of controlled plants s 304.3 Selling controlled plants Division 305 — Commercial manufacture of controlled drugs
s 305.1 Meanings of manufacture and manufactures a substance s 305.2 Meaning of manufactures a substance for a commercial purpose s 305.3 Manufacturing commercial quantities of controlled drugs s 305.4 Manufacturing marketable quantities of controlled drugs s 305.5 Manufacturing controlled drugs s 305.6 Presumption where trafficable quantities are involved Division 306 — Pre‑trafficking controlled precursors
s 306.1 Meaning of pre‑traffics s 306.2 Pre‑trafficking commercial quantities of controlled precursors s 306.3 Pre‑trafficking marketable quantities of controlled precursors s 306.4 Pre‑trafficking controlled precursors s 306.5 Presumption for pre‑trafficking controlled precursors—sale s 306.6 Presumptions for pre‑trafficking controlled precursors—manufacture for drug manufacture s 306.7 Presumptions for pre‑trafficking controlled precursors—manufacture for sale s 306.8 Presumptions for pre‑trafficking controlled precursors—possession Division 307 — Import‑export offences
Subdivision A — Importing and exporting border controlled drugs or border controlled plants
s 307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants s 307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants s 307.3 Importing and exporting border controlled drugs or border controlled plants s 307.4 Importing and exporting border controlled drugs or border controlled plants—no defence relating to lack of commercial intent Subdivision B — Possessing unlawfully imported border controlled drugs or border controlled plants
s 307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants s 307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants s 307.7 Possessing unlawfully imported border controlled drugs or border controlled plants Subdivision C — Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported
s 307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported s 307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported s 307.10 Possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported Subdivision D — Importing and exporting border controlled precursors
s 307.11 Importing and exporting commercial quantities of border controlled precursors s 307.12 Importing and exporting marketable quantities of border controlled precursors s 307.13 Importing and exporting border controlled precursors Division 308 — Possession offences
s 308.1 Possessing controlled drugs s 308.2 Possessing controlled precursors s 308.3 Possessing plant material, equipment or instructions for commercial cultivation of controlled plants s 308.4 Possessing substance, equipment or instructions for commercial manufacture of controlled drugs Division 309 — Drug offences involving children
s 309.1 Children not criminally responsible for offences against this Division s 309.2 Supplying controlled drugs to children s 309.3 Supplying marketable quantities of controlled drugs to children for trafficking s 309.4 Supplying controlled drugs to children for trafficking s 309.5 Presumption where trafficable quantities are involved s 309.6 Meaning of procures an individual to traffic s 309.7 Procuring children for trafficking marketable quantities of controlled drugs s 309.8 Procuring children for trafficking controlled drugs s 309.9 Meaning of procures an individual to pre‑traffic s 309.10 Procuring children for pre‑trafficking marketable quantities of controlled precursors s 309.11 Procuring children for pre‑trafficking controlled precursors s 309.12 Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants s 309.13 Procuring children for importing or exporting border controlled drugs or border controlled plants s 309.14 Procuring children for importing or exporting marketable quantities of border controlled precursors s 309.15 Procuring children for importing or exporting border controlled precursors Division 310 — Harm and danger to children under 14 from serious drug offences
s 310.1 Children not criminally responsible for offences against this Division s 310.2 Danger from exposure to unlawful manufacturing s 310.3 Harm from exposure to unlawful manufacturing s 310.4 Aggravated offences—manufacturing controlled drugs and controlled precursors Division 311 — Combining quantities of drugs, plants or precursors
Subdivision A — Combining different parcels on the same occasion
s 311.1 Combining different parcels on the same occasion Subdivision B — Combining parcels from organised commercial activities
s 311.2 Business of trafficking controlled drugs s 311.3 Business of pre‑trafficking by selling controlled precursors s 311.4 Business of importing or exporting border controlled drugs or border controlled plants s 311.5 Business of importing or exporting border controlled precursors s 311.6 Business of supplying controlled drugs to children s 311.7 General rules—combining parcels from organised commercial activities Subdivision C — Combining parcels from multiple offences
s 311.8 Multiple offences—trafficking controlled drugs s 311.9 Multiple offences—cultivating controlled plants s 311.10 Multiple offences—selling controlled plants s 311.11 Multiple offences—manufacturing controlled drugs s 311.12 Multiple offences—pre‑trafficking controlled precursors s 311.13 Multiple offences—importing or exporting border controlled drugs or border controlled plants s 311.14 Multiple offences—possessing unlawfully imported border controlled drugs or border controlled plants s 311.15 Multiple offences—possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported s 311.16 Multiple offences—importing or exporting border controlled precursors s 311.17 Multiple offences—supplying controlled drugs to children for trafficking s 311.18 Multiple offences—procuring children for trafficking controlled drugs s 311.19 Multiple offences—procuring children for pre‑trafficking controlled precursors s 311.20 Multiple offences—procuring children for importing or exporting border controlled drugs or border controlled plants s 311.21 Multiple offences—procuring children for importing or exporting border controlled precursors s 311.22 General rules—combining parcels from multiple offences Division 312 — Working out quantities of drugs, plants or precursors
s 312.1 Working out quantities of drugs and precursors in mixtures s 312.2 Working out quantities where different kinds of drugs, plants or precursors are involved Division 313 — Defences and alternative verdicts
s 313.1 Defence—conduct justified or excused by or under a law of a State or Territory s 313.2 Defence—reasonable belief that conduct is justified or excused by or under a law s 313.3 Alternative verdict—offence not proved s 313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor s 313.5 Alternative verdict—mistake as to identity of drug, plant or precursor Part 9.2 — Psychoactive substances
Division 320 — Psychoactive substances
s 320.1 Definitions s 320.2 Importing psychoactive substances s 320.3 Importing substances represented to be serious drug alternatives Part 9.4 — Dangerous weapons
Division 360 — Cross‑border firearms trafficking
s 360.1 Disposal and acquisition of a firearm or firearm part s 360.2 Cross‑border offence of disposal or acquisition of a firearm or firearm part s 360.3 Taking or sending a firearm or firearm part across borders s 360.3A Minimum penalties s 360.3B Double jeopardy and alternative verdicts s 360.4 Concurrent operation intended Division 361 — International firearms trafficking
s 361.1 Definitions s 361.2 Trafficking prohibited firearms or firearm parts into Australia s 361.3 Trafficking prohibited firearms or firearm parts out of Australia s 361.4 Defence—reasonable belief that conduct is justified or excused by or under a law s 361.5 Minimum penalties s 361.6 Double jeopardy and alternative verdicts Part 9.5 — Identity crime
Division 370 — Preliminary
s 370.1 Definitions s 370.2 Definition of foreign indictable offence s 370.3 Concurrent operation intended Division 372 — Identity fraud offences
s 372.1 Dealing in identification information s 372.1A Dealing in identification information that involves use of a carriage service s 372.2 Possession of identification information s 372.3 Possession of equipment used to make identification documentation s 372.4 Extended geographical jurisdiction—category A s 372.5 Alternative verdict s 372.6 Attempt Division 375 — Victims’ certificates
s 375.1 Certificate may be issued by magistrate in relation to victim of identity crime s 375.2 Content of certificate s 375.3 Relation to civil and criminal proceedings s 375.4 Power conferred on magistrate personally Division 376 — False identity and air travel
s 376.1 Definitions for Division 376 s 376.2 False identification information—at constitutional airports s 376.3 False identification information—air passenger tickets obtained using a carriage service s 376.4 False identification information—air passenger tickets for constitutional flights s 376.5 False identification information—extended jurisdiction (Category D) Part 9.6 — Contamination of goods
s 380.1 Definitions s 380.2 Contaminating goods s 380.3 Threatening to contaminate goods s 380.4 Making false statements about contamination of goods s 380.5 Extended geographical jurisdiction—category D Part 9.9 — Criminal associations and organisations
Division 390 — Criminal associations and organisations
Subdivision A — Definitions
s 390.1 Definitions s 390.2 State offences that have a federal aspect Subdivision B — Offences
s 390.3 Associating in support of serious organised criminal activity s 390.4 Supporting a criminal organisation s 390.5 Committing an offence for the benefit of, or at the direction of, a criminal organisation s 390.6 Directing activities of a criminal organisation s 390.7 Extended geographical jurisdiction—category C Part 9.10 — Community safety orders
Division 395 — Community safety orders
Subdivision A — Preliminary
s 395.1 Object s 395.2 Definitions s 395.3 Concurrent operation intended s 395.4 Regulations may modify operation of this Division to deal with interaction between this Division and State and Territory laws Subdivision B — Community safety orders
s 395.5 Who a community safety order may apply to and effect of community safety orders s 395.6 Preconditions for community safety orders s 395.7 Treatment of a serious offender in a prison under a community safety detention order Subdivision C — Making community safety orders
s 395.8 Applying for a community safety order s 395.9 Appointment of and assessment by relevant expert s 395.10 Determining an application for a community safety order s 395.11 Matters a Court must have regard to in making a community safety order s 395.12 Making a community safety detention order s 395.13 Making a community safety supervision order s 395.14 Conditions of community safety supervision orders s 395.15 Conditions where exemptions may be granted s 395.16 Treatment of photographs and impressions of fingerprints s 395.17 Obligations relating to monitoring devices s 395.18 Copy of a community safety supervision order must be given to serious offender’s lawyer Subdivision D — Varying a community safety supervision order
s 395.19 Application for variations of community safety supervision orders s 395.20 Varying a community safety supervision order (other than by consent) s 395.21 Varying community safety supervision order by consent s 395.22 Terms of a varied community safety supervision order Subdivision E — Review of community safety order
s 395.23 Periodic review of community safety order s 395.24 Review of community safety order on application s 395.25 Process for reviewing a community safety order s 395.26 Varying community safety orders after review Subdivision F — Provisions relating to community safety order proceedings
s 395.27 Civil evidence and procedure rules in relation to community safety order proceedings s 395.28 Adducing evidence and making submissions s 395.29 Giving copies of applications etc. to serious offenders s 395.30 Information excluded from application or material—national security information s 395.31 Information excluded from application or material—public interest immunity s 395.32 Information excluded from application and material s 395.33 Giving documents to serious offenders who are detained in custody s 395.34 When a serious offender is unable to engage a legal representative s 395.35 Reasons for decisions s 395.36 Right of appeal s 395.37 Consequences of sentences ending or orders ceasing to be in force Subdivision G — Offences relating to community safety supervision orders
s 395.38 Offence for contravening a community safety supervision order s 395.39 Offence relating to monitoring devices s 395.40 Mandatory 1 year imprisonment for offences Subdivision H — Miscellaneous
s 395.41 Detention under the Migration Act 1958 s 395.42 Effect of prison detention on community safety order s 395.43 Immigration Minister may direct serious offenders to be assessed s 395.44 Sharing information s 395.45 Sharing information relating to community safety supervision orders s 395.46 Delegation by the Immigration Minister s 395.47 Arrangement with States and Territories s 395.48 Arrangements by Australian Federal Police Commissioner for functions and powers relating to community safety supervision orders s 395.49 Annual report s 395.50 Effect of community safety detention orders on bail or parole laws Volume 3
Chapter 10 — National infrastructure
Part 10.2 — Money laundering
Division 400 — Money laundering
s 400.1 Definitions s 400.2 Definition of deals with money or other property s 400.2AA Effective control of money or property s 400.2A Application of offences relating to possible instruments of crime s 400.2B Proceeds of crime etc.—money or property worth $10,000,000 or more s 400.3 Proceeds of crime etc.—money or property worth $1,000,000 or more s 400.4 Proceeds of crime etc.—money or property worth $100,000 or more s 400.5 Proceeds of crime etc.—money or property worth $50,000 or more s 400.6 Proceeds of crime etc.—money or property worth $10,000 or more s 400.7 Proceeds of crime etc.—money or property worth $1,000 or more s 400.8 Proceeds of crime etc.—money or property of any value s 400.9 Dealing with property reasonably suspected of being proceeds of crime etc s 400.10 Mistake of fact as to the value of money or property s 400.10A Effect of money or property being provided as part of a controlled operation—proceeds of indictable crime s 400.10B Effect of money or property being provided as part of a controlled operation—proceeds of general crime s 400.11 Proof of certain matters relating to kinds of offences not required s 400.12 Combining several contraventions in a single charge s 400.13 Proof of other offences is not required s 400.14 Alternative verdicts s 400.14A Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part s 400.15 Geographical jurisdiction s 400.16 Saving of other laws Part 10.5 — Postal services
Division 470 — Preliminary
s 470.1 Definitions s 470.2 Dishonesty s 470.3 Determination of dishonesty to be a matter for the trier of fact s 470.4 Meaning of expressions used in Subdivisions B and C of Division 471 Division 471 — Postal offences
Subdivision A — General postal offences
s 471.1 Theft of mail‑receptacles, articles or postal messages s 471.2 Receiving stolen mail‑receptacles, articles or postal messages s 471.3 Taking or concealing of mail‑receptacles, articles or postal messages s 471.4 Dishonest removal of postage stamps or postmarks s 471.5 Dishonest use of previously used, defaced or obliterated stamps s 471.6 Damaging or destroying mail‑receptacles, articles or postal messages s 471.7 Tampering with mail‑receptacles s 471.8 Dishonestly obtaining delivery of articles s 471.9 Geographical jurisdiction s 471.10 Hoaxes—explosives and dangerous substances s 471.11 Using a postal or similar service to make a threat s 471.12 Using a postal or similar service to menace, harass or cause offence s 471.13 Causing a dangerous article to be carried by a postal or similar service s 471.14 Geographical jurisdiction s 471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post Subdivision B — Offences relating to use of postal or similar service for child abuse material
s 471.19 Using a postal or similar service for child abuse material s 471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service s 471.21 Defences in respect of child abuse material s 471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people s 471.23 Alternative verdict if aggravated offence not proven Subdivision C — Offences relating to use of postal or similar service involving sexual activity with person under 16
s 471.24 Using a postal or similar service to procure persons under 16 s 471.25 Using a postal or similar service to “groom” persons under 16 s 471.25A Using a postal or similar service to “groom” another person to make it easier to procure persons under 16 s 471.26 Using a postal or similar service to send indecent material to person under 16 s 471.27 Age‑related provisions relating to offences against this Subdivision s 471.28 Other provisions relating to offences against this Subdivision s 471.29 Defences to offences against this Subdivision s 471.29A Sentencing Subdivision D — Miscellaneous
s 471.30 Geographical jurisdiction s 471.31 Definition of carried by post does not apply Division 472 — Miscellaneous
s 472.1 Saving of other laws s 472.2 Interpretation of other laws Part 10.6 — Telecommunications Services
Division 473 — Preliminary
s 473.1 Definitions s 473.2 Possession or control of data or material in the form of data s 473.3 Producing, supplying or obtaining data or material in the form of data s 473.4 Determining whether material is offensive s 473.5 Use of a carriage service Division 474 — Telecommunications offences
Subdivision A — Dishonesty with respect to carriage services
s 474.1 Dishonesty s 474.2 General dishonesty with respect to a carriage service provider Subdivision B — Interference with telecommunications
s 474.3 Person acting for a carrier or carriage service provider s 474.4 Interception devices s 474.5 Wrongful delivery of communications s 474.6 Interference with facilities s 474.7 Modification etc. of a telecommunications device identifier s 474.8 Possession or control of data or a device with intent to modify a telecommunications device identifier s 474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier s 474.10 Copying subscription‑specific secure data s 474.11 Possession or control of data or a device with intent to copy an account identifier s 474.12 Producing, supplying or obtaining data or a device with intent to copy an account identifier Subdivision C — General offences relating to use of telecommunications
s 474.14 Using a telecommunications network with intention to commit a serious offence s 474.15 Using a carriage service to make a threat s 474.16 Using a carriage service for a hoax threat s 474.17 Using a carriage service to menace, harass or cause offence s 474.17A Using a carriage service to transmit sexual material without consent s 474.17AA Aggravated offences involving transmission of sexual material without consent s 474.17AB Double jeopardy etc. provisions—offences involving transmission of sexual material without consent s 474.17B Alternative verdict if aggravated offence not proven s 474.17C Using a carriage service to make available etc. personal data of one or more individuals s 474.17D Using a carriage service to make available etc. personal data of one or more members of certain groups s 474.18 Improper use of emergency call service Subdivision D — Offences relating to use of carriage service for child abuse material
s 474.22 Using a carriage service for child abuse material s 474.22A Possessing or controlling child abuse material obtained or accessed using a carriage service s 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service s 474.23A Conduct for the purposes of electronic service used for child abuse material s 474.24 Defences in respect of child abuse material s 474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people s 474.24B Alternative verdict if aggravated offence not proven s 474.24C Consent to commencement of proceedings where defendant under 18 Subdivision E — Offence relating to obligations of internet service providers and internet content hosts
s 474.25 Obligations of internet service providers and internet content hosts Subdivision F — Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
s 474.25A Using a carriage service for sexual activity with person under 16 years of age s 474.25B Aggravated offence—using a carriage service for sexual activity with person under 16 years of age s 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16 s 474.26 Using a carriage service to procure persons under 16 years of age s 474.27 Using a carriage service to “groom” persons under 16 years of age s 474.27AA Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age s 474.27A Using a carriage service to transmit indecent communication to person under 16 years of age s 474.28 Provisions relating to offences against this Subdivision s 474.29 Defences to offences against this Subdivision s 474.29AA Sentencing Subdivision G — Offences relating to use of carriage service for suicide related material
s 474.29A Using a carriage service for suicide related material s 474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service Subdivision H — Offences relating to use of carriage service for sharing of abhorrent violent material
s 474.30 Definitions s 474.31 Abhorrent violent material s 474.32 Abhorrent violent conduct s 474.33 Notification obligations of internet service providers, content service providers and hosting service providers s 474.34 Removing, or ceasing to host, abhorrent violent material s 474.35 Notice issued by eSafety Commissioner in relation to a content service—presumptions s 474.36 Notice issued by eSafety Commissioner in relation to a hosting service—presumptions s 474.37 Defences in respect of abhorrent violent material s 474.38 Implied freedom of political communication s 474.39 Provider of content service s 474.40 Service of copies of notices by electronic means s 474.41 Giving a copy of a notice to a contact person etc s 474.42 Attorney‑General’s consent required for prosecution s 474.43 Compensation for acquisition of property s 474.44 This Subdivision does not limit Part 9 of the Online Safety Act 2021 s 474.45 Review of this Subdivision Subdivision HA — Offences relating to use of carriage service for violent extremist material
s 474.45A Meaning of violent extremist material s 474.45B Using a carriage service for violent extremist material s 474.45BA Aggravated offence for using a carriage service for violent extremist material s 474.45C Possessing or controlling violent extremist material obtained or accessed using a carriage service s 474.45D Defences in respect of violent extremist material s 474.45E Consent to commencement of proceedings where defendant under 18 Subdivision HB — Offences relating to use of carriage service for firearms and explosives manufacture material
s 474.45F Meaning of firearms and explosives manufacture material s 474.45G Using a carriage service for firearms and explosives manufacture material s 474.45H Possessing or controlling firearms and explosives manufacture material obtained or accessed using a carriage service s 474.45J Defences in respect of firearms and explosives manufacture material Subdivision J — Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land
s 474.46 Using a carriage service for inciting trespass on agricultural land s 474.47 Using a carriage service for inciting property damage, or theft, on agricultural land s 474.48 Implied freedom of political communication Division 475 — Miscellaneous
s 475.1A Defences for NRS employees and emergency call persons s 475.1B Provisions relating to element of offence that particular conduct was engaged in using a carriage service s 475.1 Saving of other laws s 475.2 Geographical jurisdiction Part 10.7 — Computer offences
Division 476 — Preliminary
s 476.1 Definitions s 476.2 Meaning of unauthorised access, modification or impairment s 476.3 Geographical jurisdiction s 476.4 Saving of other laws s 476.6 Liability for certain acts—ASIS, ASD or AGO s 476.7 Liability for certain acts—defence officials Division 477 — Serious computer offences
s 477.1 Unauthorised access, modification or impairment with intent to commit a serious offence s 477.2 Unauthorised modification of data to cause impairment s 477.3 Unauthorised impairment of electronic communication Division 478 — Other computer offences
s 478.1 Unauthorised access to, or modification of, restricted data s 478.2 Unauthorised impairment of data held on a computer disk etc s 478.3 Possession or control of data with intent to commit a computer offence s 478.4 Producing, supplying or obtaining data with intent to commit a computer offence Part 10.8 — Financial information offences
s 480.1 Definitions s 480.2 Dishonesty s 480.3 Constitutional application of this Part s 480.4 Dishonestly obtaining or dealing in personal financial information s 480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information s 480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information Part 10.9 — Accounting records
Division 490 — False dealing with accounting documents
s 490.1 Intentional false dealing with accounting documents s 490.2 Reckless false dealing with accounting documents s 490.3 Meaning of annual turnover s 490.4 Related bodies corporate s 490.5 Proof of certain matters unnecessary s 490.6 Consent to commencement of proceedings s 490.7 Saving of other laws Dictionary — 