Criminal Code Act 1995

ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

accounting document means:

aggravated burglary means an offence against section 132.5.

aggravated robbery means an offence against section 132.3.

alien means a person who is an alien for the purposes of paragraph 51(xix) of the Constitution.

ancillary offence means:

attack directed against a civilian population means a course of conduct involving the multiple commission of any one or more proscribed inhumane acts against any civilian population pursuant to, or in furtherance of, a state or organisational policy to engage in that course of conduct.

Australia, when used in a geographical sense, includes the external Territories.

Australian aircraft means:

Australian Government security clearance means a security clearance given by the Australian Government Security Vetting Agency or by another Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances.

Australian ship means:

benefit includes any advantage and is not limited to property.

burglary means an offence against section 132.4.

carriage service has the same meaning as in the Telecommunications Act 1997.

cause a person to engage in sexual intercourse or other sexual activity has the meaning given by section 272.2.

child: without limiting who is a child of a person for the purposes of this Code, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

Commonwealth authority means a body established by or under a law of the Commonwealth, but does not include:

Commonwealth contract means a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity.

Commonwealth entity means:

Commonwealth judicial officer means:

Commonwealth public official means:

communication includes any communication:

conduct is defined in subsection 4.1(2).

confiscate, in relation to a person’s travel or identity document, has the same meaning as in Division 271 (see section 271.1).

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

constitutional trade and commerce means trade and commerce:

contracted service provider, for a Commonwealth contract, means:

Covenant means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986.

crime against humanity means an offence under Subdivision C of Division 268.

crime against the administration of the justice of the International Criminal Court means an offence under Subdivision J of Division 268.

data includes:

data held in a computer includes:

data storage device means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer.

deal, in identification information, has a meaning affected by section 370.1.

death means:

debt bondage has the same meaning as in Division 270 (see section 270.1A).

de facto partner has the meaning given by the Acts Interpretation Act 1901.

defence aircraft means an aircraft of any part of the Australian Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member.

Defence Minister means the Minister administering the Defence Force Discipline Act 1982.

defence ship means a ship of any part of the Australian Defence Force, and includes a ship that is being operated or commanded by a member of that Force in the course of his or her duties as such a member.

detaining a person includes causing the person to remain where he or she is.

detriment includes any disadvantage and is not limited to personal injury or to loss of or damage to property.

disallowable legislative instrument has the meaning given by the Legislation Act 2003.

displayed in a public place has the meaning given by section 80.2F.

distinctive emblems of the Geneva Conventions means the emblems, identity cards, signs, signals, insignia or uniforms to which subsection 15(1) of the Geneva Conventions Act 1957 applies.

electronic communication means a communication by means of guided or unguided electromagnetic energy or both.

electronic service has the meaning given by subsection 474.23A(4).

engage in conduct is defined in subsection 4.1(2).

engage in sexual activity: without limiting when a person engages in sexual activity, a person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity.

evidence includes anything that may be used as evidence.

evidential burden is defined in subsection 13.3(6).

exploitation has the same meaning as in Division 271 (see section 271.1A).

federal aspect is defined in section 390.2.

firearms and explosives manufacture material has the meaning given by section 474.45F.

First Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 1 to the Geneva Conventions Act 1957.

forced labour has the same meaning as in Division 270 (see section 270.6).

forced marriage has the meaning given by section 270.7A.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

foreign country includes:

foreign intelligence agency means an intelligence or security service (however described) of a foreign country.

Fourth Geneva Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 4 to the Geneva Conventions Act 1957.

Geneva Conventions means the First Geneva Convention, the Second Geneva Convention, the Third Geneva Convention and the Fourth Geneva Convention.

genocide means an offence under Subdivision B of Division 268.

Hague Declaration means the Hague Declarations Concerning the Prohibition of Using Bullets which Expand or Flatten Easily in the Human Body, adopted at the Hague on 29 July 1899.

harm means physical harm or harm to a person’s mental health, whether temporary or permanent. However, it does not include being subjected to any force or impact that is within the limits of what is acceptable as incidental to social interaction or to life in the community.

harm to a person’s mental health includes significant psychological harm, but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger.

hors de combat: a person is hors de combat if:

ICC Statute means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 to the International Criminal Court Act 2002.

identification documentation has the meaning given by section 370.1.

identification information has the meaning given by section 370.1.

identity document includes any kind of document that may be used to establish the identity of a person in a country under the law or procedures of that country.

intention has the meaning given in section 5.2.

international armed conflict includes a military occupation.

International Criminal Court means the International Criminal Court established under the ICC Statute.

interpreter includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purpose of giving evidence in a proceeding before the International Criminal Court.

intimidatory act has the meaning given by subsection 474.45A(3).

journalistic capacity means a capacity as a journalist, editor, producer or other person involved in the process of making news reports or current affairs reports.

knowledge has the meaning given in section 5.3.

law means a law of the Commonwealth, and includes this Code.

legal burden is defined in subsection 13.1(3).

make available, in relation to material, includes, but is not limited to, describing how to obtain access, or describing methods that are likely to facilitate access, to material (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).

makes a gesture in a public place has the meaning given by section 80.2FA.

mental impairment has the meaning given by subsection 7.3(8).

mutiny has the meaning given by subsection 83.1(2).

negligence has the meaning given in section 5.5.

offence means an offence against a law of the Commonwealth.

official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.

parent: without limiting who is a parent of a person for the purposes of this Code, someone is the parent of a person if the person is his or her child because of the definition of child in this Dictionary.

person includes a Commonwealth authority that is not a body corporate, and another has a corresponding meaning.

personal service means any labour or service, including a sexual service, provided by a person.

physical harm includes unconsciousness, pain, disfigurement, infection with a disease and any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

position of trust or authority has the meaning given by subsection 272.3(1).

primary offence means an offence against a law of the Commonwealth, other than an ancillary offence.

procure a person to engage in sexual activity includes:

prohibited Nazi symbol has the meaning given by subsection 80.2E(2).

prohibited organisation symbol has the meaning given by subsection 80.2E(3).

prohibited symbol has the meaning given by subsection 80.2E(1).

proscribed inhumane act means any of the following acts:

Protocol I to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5 to the Geneva Conventions Act 1957.

Protocol II to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non‑International Armed Conflicts done at Geneva on 10 June 1977.

Protocol III to the Geneva Conventions means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6 to the Geneva Conventions Act 1957.

Protocols to the Geneva Conventions means Protocol I to the Geneva Conventions, Protocol II to the Geneva Conventions and Protocol III to the Geneva Conventions.

public official includes:

public place includes any place to which the public, or a section of the public, have access as of right or by invitation, whether express or implied, and whether or not a charge is made for admission to the place.

receiving means an offence against section 132.1.

recklessness has the meaning given in section 5.4.

referendum has the same meaning as in the Referendum (Machinery Provisions) Act 1984.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

resident of Australia means an individual who is a resident of Australia.

robbery means an offence against section 132.2.

Second Geneva Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 2 to the Geneva Conventions Act 1957.

serious harm means harm (including the cumulative effect of any harm):

services provided to a Commonwealth entity includes services that consist of the provision of services to other persons in connection with the performance of the Commonwealth entity’s functions.

servitude has the same meaning as in Division 270 (see section 270.4).

sexual activity means:

sexual intercourse has the meaning given by section 272.4.

sexually penetrate is defined in section 71.8.

sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.

slavery has the meaning given by section 270.1.

slavery‑like offence has the same meaning as in Division 270 (see section 270.1A).

special liability provision means:

state sponsor of terrorism has the meaning given by subsection 110.3(1).

state terrorist act has the meaning given by section 111.1.

step‑child: without limiting who is a step‑child of a person for the purposes of this Code, someone who is a child of a de facto partner of the person is the step‑child of the person, if he or she would be the person’s step‑child except that the person is not legally married to the partner.

step‑parent: without limiting who is a step‑parent of a person for the purposes of this Code, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.

subcontractor, for a Commonwealth contract, means a person:

sworn statement means an oral statement made on oath or affirmation or a statement in a document verified on oath or affirmation.

taking a person includes causing the person to accompany another person and causing the person to be taken.

technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997.

technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997.

technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997.

theft means an offence against section 131.1.

Third Geneva Convention means the Geneva Convention relative to the Protection of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of the English text of which (not including the annexes) is set out in Schedule 3 to the Geneva Conventions Act 1957.

threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.

travel document includes any kind of document required, under the law of a country, to enter or leave that country.

violent extremist material has the meaning given by section 474.45A.

war crime means an offence under Subdivision D, E, F, G or H of Division 268.