Crimes Act 1914 (Cth)

Crimes Act 1914

No. 12, 1914

Compilation No. 161

Compilation date:5 November 2025

Includes amendments:Act No. 53, 2025

This compilation is in 3 volumes

Volume 1:sections 1‑15F

Volume 2: sections 15G‑ 23W

Volume 3: sections 23WA‑91

Schedule

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 5 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to Offences against the Commonwealth

Part IPreliminary1Short title

This Act may be cited as the Crimes Act 1914.

3Interpretation

(1)
In this Act, unless the contrary intention appears:
Aboriginal person means a person of the Aboriginal race of Australia.
ACC means the Australian Crime Commission.
associated offence means:
1. (a)
  in relation to an offence against section 233B of the Customs Act 1901—an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or
2. (b)
  in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990—an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or
3. (c)
  in relation to an offence against a law of a State or Territory—an offence:
  1. (i)
    under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code; and
  2. (ii)
    that relates to the offence.
Australian law enforcement officer means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.
bail authority means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.
child: without limiting who is a child of a person for the purposes of this Act, 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.
child abuse material has the same meaning as in Part 10.6 of the Criminal Code.
child sexual abuse offence means:
1. (a)
  a Commonwealth child sex offence; or
2. (b)
  an offence against section 273.5, 471.16, 471.17, 474.19 or 474.20 of the Criminal Code as in force at any time before the commencement of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019; or
3. (c)
  an offence against Part IIIA of this Act as in force at any time before the commencement of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010; or
4. (d)
  a State or Territory registrable child sex offence.
Commissioner means the Commissioner of the Australian Federal Police.
Commonwealth child sex offence means:
1. (a)
  an offence against any of the following provisions of the Criminal Code:
  1. (i)
    Division 272 (Child sex offences outside Australia);
  2. (ii)
    Division 273 (Offences involving child abuse material outside Australia);
  3. (iia)
    Division 273A (Possession of child‑like sex dolls etc.);
  4. (iii)
    Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child abuse material and sexual activity involving children);
  5. (iv)
    Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child abuse material, sexual activity involving children and harm to children); or
2. (b)
  an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or
3. (c)
  an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code.
Commonwealth child sexual abuse offence means a Commonwealth child sex offence, other than an offence against subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11, 272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A, subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the Criminal Code.
Commonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013.
Commonwealth offence, except in Part IC, means an offence against a law of the Commonwealth.
Commonwealth officer means a person holding office under, or employed by, the Commonwealth, and includes:
1. (a)
  a person appointed or engaged under the Public Service Act 1999;
2. (aa)
  a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;
3. (b)
  the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).
confiscation proceedings has a meaning affected by subsection 16AC(5).
constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
controlled substance means:
1. (a)
  a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code; or
2. (b)
  a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code; or
3. (c)
  a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code.
conveyance includes an aircraft, vehicle or vessel.
criminal detention has the meaning given by section 45A.
cultural heritage has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999, and includes sacred sites.
cultural heritage object means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.
data includes:
1. (a)
  information in any form; and
2. (b)
  any program (or part of a program).
data storage device means a thing containing, or designed to contain, data for use by a computer.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
dentist means a dental practitioner within the meaning of the Health Insurance Act 1973.
Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police.
federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).
Note: This subsection defines State to include the Northern Territory.
federal court means the High Court or a court created by the Parliament, other than a court of a Territory.
federal criminal detention has the meaning given by section 45A.
federal judicial proceeding has the meaning given by section 31.
Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
have in possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
1. (a)
  the Inspector‑General of Intelligence and Security; or
2. (b)
  any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
illicit goods means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.
Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.
integrity purpose means the purpose of preventing, detecting, investigating or dealing with any of the following:
1. (a)
  misconduct (within the meaning of the Privacy Act 1988) of a serious nature by any of the following:
  1. (i)
    an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013) of a Commonwealth entity;
  2. (ii)
    a person employed by, or in the service of, a Privacy Act agency or a wholly‑owned Commonwealth company;
  3. (iii)
    a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;
  4. (iv)
    an officer of a wholly‑owned Commonwealth company;
2. (b)
  conduct that may have the purpose or effect of inducing misconduct described in paragraph (a);
3. (c)
  fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;
4. (d)
  an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).
Note 1: An example of dealing with the matters described in paragraphs (a), (b), (c) and (d) is taking legal proceedings, disciplinary proceedings or other administrative action.
Note 2: An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs.
judicial proceeding has the meaning given by section 31 (other than in section 3L).
judicial tribunal has the meaning given by section 31.
law enforcement officer (except in Part IAAC) means any of the following:
1. (a)
  the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);
2. (b)
  a member of the police force of a State or Territory;
3. (ba)
  a staff member of the NACC;
4. (c)
  a member of the staff of the ACC;
5. (d)
  an officer of Customs;
6. (e)
  a member of a police force, or other law enforcement agency, of a foreign country.
medical practitioner has the same meaning as in the Health Insurance Act 1973.
member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.
narcotic goods has the same meaning as in the Customs Act 1901.
National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.
National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.
nurse means a registered nurse within the meaning of the Health Insurance Act 1973.
officer of Customs has the meaning given by subsection 4(1) of the Customs Act 1901.
Official Trustee means the Official Trustee in Bankruptcy.
parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if:
1. (a)
  the adult is legally entitled to, and has, custody of the person; or
2. (b)
  the adult is legally responsible for the day‑to‑day care, welfare and development of the person and has the person in his or her care.
participating State has the meaning given by subsection 3B(2).
participating Territory has the meaning given by subsection 3B(2).
personal information has the meaning given by section 6 of the Privacy Act 1988.
person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.
Privacy Act agency has the same meaning as agency has in the Privacy Act 1988.
property includes money and every thing, animate or inanimate, capable of being the subject of ownership.
public authority under the Commonwealth means any authority or body constituted by or under a law of the Commonwealth or of a Territory.
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
relative has a meaning affected by subsection (3).
senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979.
sensitive information has the meaning given by section 6 of the Privacy Act 1988.
staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022.
State includes the Northern Territory.
State offence means an offence against a law of a State or the Australian Capital Territory.
State or Territory registrable child sex offence means an offence:
1. (a)
  that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register (however described) of a State or Territory for committing; and
2. (b)
  in respect of which:
  1. (i)
    a child was a victim or an intended victim; or
  2. (ii)
    the offending involved child abuse material.
substantial adverse effect means an effect that is adverse and not insubstantial, insignificant or trivial.
target entity means:
1. (a)
  a Privacy Act agency; or
2. (b)
  a wholly‑owned Commonwealth company.
Note: A target entity is an APP entity as defined in section 6 of the Privacy Act 1988, because it is either an agency or an organisation for the purposes of that Act (as a wholly‑owned Commonwealth company is an organisation as defined in section 6C of that Act).
Territory does not include the Northern Territory.
terrorism offence means:
1. (a)
  an offence against Subdivision A of Division 72 of the Criminal Code; or
2. (aa)
  an offence against Subdivision B of Division 80 of the Criminal Code; or
3. (b)
  an offence against Part 5.3 or 5.5 of the Criminal Code; or
4. (ba)
  an offence against Subdivision HA of Division 474 of the Criminal Code; or
5. (c)
  an offence against either of the following provisions of the Charter of the United Nations Act 1945:
  1. (i)
    Part 4 of that Act;
  2. (ii)
    Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008.
terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.
thing relevant to an indictable offence means:
1. (a)
  either of the following:
  1. (i)
    anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
  2. (ii)
    anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
2. (b)
  anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
3. (c)
  anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
thing relevant to a summary offence means:
1. (a)
  either of the following:
  1. (i)
    anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
  2. (ii)
    anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
2. (b)
  anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
3. (c)
  anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
Torres Strait Islander means a descendent of an indigenous inhabitant of the Torres Strait Islands.
wholly‑owned Commonwealth company has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013.
(2)
In this Act, a reference to a fine includes a reference:
1. (a)
  to a pecuniary penalty other than a pecuniary penalty imposed:
  1. (i)
    under Division 3 of Part XIII of the Customs Act 1901; or
  2. (ii)
    by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002; or
  3. (iia)
    by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or
  4. (iii)
    by a superannuation order made under the Australian Federal Police Act 1979; or
  5. (iv)
    by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or
2. (b)
  to costs or other amounts ordered to be paid by offenders.
(3)
For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
1. (a)
  a de facto partner of the person;
2. (b)
  someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
3. (c)
  anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.

3AAState offences that have a federal aspect

Object
(1A)
The object of this section is to identify State offences that have a federal aspect because:
(a)
they potentially fall within Commonwealth legislative power because of the elements of the State offence; or
(b)
they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or
(c)
the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.
State offences that have a federal aspect
(1)
For the purposes of this Act, a State offence has a federal aspect if, and only if:
(a)
both:
(i)
the State offence is not an ancillary offence; and
(ii)
assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or
(b)
both:
(i)
the State offence is an ancillary offence that relates to a particular primary offence; and
(ii)
assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or
(c)
assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or
(d)
both:
(i)
the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and

(ii)
if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i).
Specificity of acts or omissions
(2)
For the purposes of paragraph (1)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence).
State offences covered by paragraph (1)(c)
(3)
A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence:
(a)
affects the interests of:
(i)
the Commonwealth; or
(ii)
an authority of the Commonwealth; or
(iii)
a constitutional corporation; or
(b)
was engaged in by a constitutional corporation; or
(c)
was engaged in in a Commonwealth place; or
(d)
involved the use of a postal service or other like service; or
(e)
involved an electronic communication; or
(f)
involved trade or commerce:
(i)
between Australia and places outside Australia; or
(ii)
among the States; or
(iii)
within a Territory, between a State and a Territory or between 2 Territories; or
(g)
involved:
(i)
banking (other than State banking not extending beyond the limits of the State concerned); or
(ii)
insurance (other than State insurance not extending beyond the limits of the State concerned); or
(h)
relates to a matter outside Australia; or
(i)
relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or
(j)
relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.
(4)
Subsection (3) does not limit paragraph (1)(c).
Definitions
(5)
In this section:
ancillary offence, in relation to an offence (the primary offence), means:
(a)
an offence of conspiring to commit the primary offence; or
(b)
an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or
(c)
an offence of attempting to commit the primary offence.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
conduct has the same meaning as in the Criminal Code.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of information:
(a)
whether in the form of text; or
(b)
whether in the form of data; or
(c)
whether in the form of speech, music or other sounds; or
(d)
whether in the form of visual images (animated or otherwise); or
(e)
whether in any other form; or
(f)
whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
engage in conduct has the same meaning as in the Criminal Code.
State includes the Australian Capital Territory and the Northern Territory.
State offence means an offence against a law of a State.
Note: Subsection 3(1) defines State to include the Northern Territory.

3AOperation of Act

This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories.

3BArrangements with States, Australian Capital Territory and Northern Territory

(1)
The Governor‑General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory or the Administrator of the Northern Territory for:
1. (a)
  officers of the State or Territory to exercise powers and perform functions; and
2. (b)
  facilities and procedures of the State or Territory to be made available;
in relation to the carrying out or enforcement under this Act of orders made under this Act or another Act.
(2)
In this Act:
1. (a)
  a reference to a participating State is a reference to a State in relation to which an arrangement is in force under subsection (1) of this section; and
2. (b)
  a reference to a participating Territory:
  1. (i)
    is a reference to a Territory other than the Australian Capital Territory or the Northern Territory; and
  2. (ii)
    if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory—includes a reference to the Australian Capital Territory; and
  3. (iii)
    if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory—includes a reference to the Northern Territory.
(3)
In this section:
order includes a sentence.
State does not include the Australian Capital Territory or the Northern Territory.

3BAApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IAASearch, information gathering, arrest and related powers (other than powers under delayed notification search warrants)Division 1Preliminary3CInterpretation

(1)
In this Part, unless the contrary intention appears:
account‑based data has the meaning given by section 3CAA.
carrier means:
1. (a)
  a carrier within the meaning of the Telecommunications Act 1997; or
2. (b)
  a carriage service provider within the meaning of that Act.
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
constable assisting, in relation to a warrant, means:
1. (a)
  a person who is a constable and who is assisting in executing the warrant; or
2. (b)
  a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.
data held in a computer includes:
1. (a)
  data held in any removable data storage device for the time being held in a computer; or
2. (b)
  data held in a data storage device on a computer network of which the computer forms a part.
digital asset means:
1. (a)
  a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:
  1. (i)
    a type of distributed ledger technology; or
  2. (ii)
    another distributed cryptographically verifiable data structure; or
2. (b)
  a right or thing prescribed by the regulations;
but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.
electronic service has the same meaning as in the Online SafetyAct 2021.
emergency situation, in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person’s life, health or safety that requires the executing officer and constables assisting to leave the premises.
evidential material means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.
executing officer, in relation to a warrant, means:
1. (a)
  the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or
2. (b)
  if that constable does not intend to be present at the execution of the warrant—another constable whose name has been written in the warrant by the constable so named; or
3. (c)
  another constable whose name has been written in the warrant by the constable last named in the warrant.
frisk search means:
1. (a)
  a search of a person conducted by quickly running the hands over the person’s outer garments; and
2. (b)
  an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
issuing officer, in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means:
1. (a)
  a magistrate; or
2. (b)
  a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants or warrants for arrest, as the case may be.
Note: Under section 3ZZBJ, an eligible issuing officer (within the meaning of Part IAAA) may, as specified in that section, consider and deal with an application for a warrant as if the eligible issuing officer were an issuing officer within the meaning of this Part.
magistrate, in sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB, has a meaning affected by section 3CA.
offence means:
1. (a)
  an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982); or
2. (b)
  an offence against a law of a Territory; or
3. (c)
  a State offence that has a federal aspect.
ordinary search means a search of a person or of articles in the possession of a person that may include:
1. (a)
  requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
2. (b)
  an examination of those items.
police station includes:
1. (a)
  a police station of a State or Territory; and
2. (b)
  a building occupied by the Australian Federal Police.
premises includes a place and a conveyance.
recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
seize, for a digital asset, has a meaning affected by subsection 3FA(8).
serious offence means an offence:
1. (a)
  that is punishable by imprisonment for 2 years or more; and
2. (b)
  that is one of the following:
  1. (i)
    a Commonwealth offence;
  2. (ii)
    an offence against a law of a State that has a federal aspect;
  3. (iii)
    an offence against a law of a Territory; and
3. (c)
  that is not a serious terrorism offence.
serious terrorism offence means:
1. (a)
  a terrorism offence (other than offence against section 102.8, Division 104 or Division 105 of the Criminal Code); or
2. (b)
  an offence against a law of a State:
  1. (i)
    that has a federal aspect; and
  2. (ii)
    that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104 or Division 105 of the Criminal Code); or
3. (c)
  an offence against a law of a Territory that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104 or Division 105 of the Criminal Code).
strip search means a search of a person or of articles in the possession of a person that may include:
1. (a)
  requiring the person to remove all of his or her garments; and
2. (b)
  an examination of the person’s body (but not of the person’s body cavities) and of those garments.
telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.
warrant means a warrant under this Part.
warrant premises means premises in relation to which a warrant is in force.
(2)
A person referred to in paragraph (b) of the definition of constable assisting in subsection (1) must not take part in searching or arresting a person.

3CAAAccount‑based data

(1)
For the purposes of this Part, if:
1. (a)
  an electronic service has accounts for end‑users; and
2. (b)
  either:
  1. (i)
    a person holds an account with the electronic service; or
  2. (ii)
    a person is, or is likely to be, a user of an account with the electronic service; and
3. (c)
  the person can (with the use of appropriate equipment) access particular data provided by the service;
the data is account‑based data in relation to the person.
(2)
For the purposes of this Part, if:
1. (a)
  an electronic service has accounts for end‑users; and
2. (b)
  either:
  1. (i)
    a deceased person held, before the person’s death, an account with the electronic service; or
  2. (ii)
    a deceased person, before the person’s death, was, or was likely to be, a user of an account with the electronic service; and
3. (c)
  the deceased person could, before the person’s death (with the use of appropriate equipment), access particular data provided by the service;
the data is account‑based data in relation to the deceased person.
(3)
For the purposes of this section, account has the same meaning as in the Online SafetyAct 2021.

3CANature of functions of magistrate

(1)
A function of making an order conferred on a magistrate by section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB is conferred on the magistrate in a personal capacity and not as a court or a member of a court.
(2)
Without limiting the generality of subsection (1), an order made by a magistrate under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has effect only by virtue of this Act and is not to be taken by implication to be made by a court.
(3)
A magistrate performing a function of, or connected with, making an order under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).
(4)
The Governor‑General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory or the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB.

3DApplication of Part

(1)
This Part is not intended to limit or exclude the operation of another law of the Commonwealth (including other provisions of this Act) relating to:
1. (a)
  the search of premises; or
2. (b)
  arrest and related matters; or
3. (c)
  the stopping, detaining or searching of conveyances or persons; or
4. (d)
  the seizure of things; or
5. (e)
  the requesting of information or documents from persons.
(2)
To avoid any doubt, it is declared that even though another law of the Commonwealth (including other provisions of this Act) provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.
(4)
This Part is not intended to limit or exclude the operation of a law of a Territory relating to:
1. (a)
  the search of premises; or
2. (b)
  arrest and related matters; or
3. (c)
  the stopping, detaining or searching of conveyances or persons; or
4. (d)
  the seizure of things; or
5. (e)
  the requesting of information or documents from persons;
in relation to offences against a law of that Territory.
(5)
This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.
(6)
The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.
Note 1: Subsection 3(1) defines State to include the Northern Territory.
Note 2: Section 3AA has the effect that an offence against the law of the Australian Capital Territory is a State offence that has a federal aspect.

Division 2Search warrants3EWhen search warrants can be issued

(1)
An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
Note: For the issue of delayed notification search warrants, see Part IAAA.
(2)
An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material.
(3)
If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.
(4)
If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises the person must state particulars of those applications and their outcome in the information.
(5)
If an issuing officer issues a warrant, the officer is to state in the warrant:
1. (a)
  the offence to which the warrant relates; and
2. (b)
  a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and
3. (c)
  the kinds of evidential material that are to be searched for under the warrant; and
4. (d)
  the name of the constable who, unless he or she inserts the name of another constable in the warrant, is to be responsible for executing the warrant; and
5. (e)
  the time at which the warrant expires (see subsection (5A)); and
Note: The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 3FA(10).
1. (f)
  whether the warrant may be executed at any time or only during particular hours.
(5A)
The time stated in the warrant under paragraph 3E(5)(e) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.
Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.
(6)
The issuing officer is also to state, in a warrant in relation to premises:
1. (a)
  that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:
  1. (i)
    evidential material in relation to an offence to which the warrant relates; or
  2. (ii)
    a thing relevant to another offence that is an indictable offence; or
  3. (iii)
    evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
1. (aa)
  that the warrant authorises the seizure of a digital asset if paragraphs 3FA(1)(a) to (c) are satisfied; and
2. (b)
  whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(7)
The issuing officer is also to state, in a warrant in relation to a person:
1. (a)
  that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or a constable assisting believes on reasonable grounds to be:
  1. (i)
    evidential material in relation to an offence to which the warrant relates; or
  2. (ii)
    a thing relevant to another offence that is an indictable offence; or
  3. (iii)
    evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
1. (aa)
  that the warrant authorises the seizure of a digital asset if paragraphs 3FA(2)(a) to (c) are satisfied; and
2. (b)
  the kind of search of a person that the warrant authorises.
(8)
Paragraph (5)(e) and subsection (5A) do not prevent the issue of successive warrants in relation to the same premises or person.
(9)
If the application for the warrant is made under section 3R, this section (other than subsection (5A)) applies as if:
1. (a)
  subsections (1) and (2) referred to 48 hours rather than 72 hours; and
2. (b)
  paragraph (5)(e) required the issuing officer to state in the warrant the period for which the warrant is to remain in force, which must not be more than 48 hours.

(10)
An issuing officer in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.
(11)
An issuing officer in a State or internal Territory may:
1. (a)
  issue a warrant in relation to premises or a person in that State or Territory; or
2. (b)
  issue a warrant in relation to premises or a person in an external Territory; or
3. (c)
  issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or
4. (d)
  issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be.

3FThe things authorised by a search warrant – general

(1)
A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:
1. (a)
  to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and
2. (b)
  to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
3. (c)
  to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and
4. (d)
  to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:
  1. (i)
    evidential material in relation to an offence to which the warrant relates; or
  2. (ii)
    evidential material in relation to another offence that is an indictable offence; or
  3. (iii)
    evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
1. (e)
  to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and
2. (f)
  if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(2)
A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:
1. (a)
  to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and
2. (b)
  to:
  1. (i)
    seize things of that kind; or
  2. (ii)
    record fingerprints from things; or
  3. (iii)
    to take forensic samples from things;
found in the course of the search; and
1. (c)
  to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:
  1. (i)
    evidential material in relation to an offence to which the warrant relates; or
  2. (ii)
    a thing relevant to another offence that is an indictable offence; or
  3. (iii)
    evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
1. (d)
  to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.
(2A)
A warrant that is in force authorises the executing officer or a constable assisting:
1. (a)
  to use:
  1. (i)
    a computer, or data storage device, found in the course of a search authorised under the warrant; or
  2. (ii)
    a telecommunications facility operated or provided by the Commonwealth or a carrier; or
  3. (iii)
    any other electronic equipment; or
  4. (iv)
    a data storage device;
for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data is evidential material of a kind specified in the warrant; and
1. (b)
  if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and
2. (c)
  if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:
  1. (i)
    to use any other computer or a communication in transit to access the relevant data; and
  2. (ii)
    if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and
3. (d)
  to copy any data to which access has been obtained, and that:
  1. (i)
    appears to be relevant for the purposes of determining whether the relevant data is evidential material of a kind specified in the warrant; or
  2. (ii)
    is evidential material of a kind specified in the warrant; and
4. (e)
  to do any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).
(2B)
A warrant that is in force authorises the executing officer or a constable assisting:
1. (a)
  to use:
  1. (i)
    a computer found in the course of a search authorised under the warrant; or
  2. (ii)
    a telecommunications facility operated or provided by the Commonwealth or a carrier; or
  3. (iii)
    any other electronic equipment;
for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to:
1. (iv)
  a person who is the owner or lessee of the computer mentioned in subparagraph (i); or
2. (v)
  a person who uses or has used the computer mentioned in subparagraph (i); or
3. (vi)
  a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or
4. (vii)
  a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);
in order to determine whether the relevant account‑based data is evidential material of a kind specified in the warrant; and
1. (b)
  if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and
2. (c)
  if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:
  1. (i)
    to use any other computer or a communication in transit to access the relevant account‑based data; and
  2. (ii)
    if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and
3. (d)
  to copy any data to which access has been obtained, and that:
  1. (i)
    appears to be relevant for the purposes of determining whether the relevant account‑based data is evidential material of a kind specified in the warrant; or
  2. (ii)
    is evidential material of a kind specified in the warrant; and
4. (e)
  to do any other thing reasonably incidental to any of the above.
(2C)
Subsections (2A) and (2B) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
1. (a)
  materially interfere with, interrupt or obstruct:
  1. (i)
    a communication in transit; or
  2. (ii)
    the lawful use by other persons of a computer;
unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or
1. (b)
  cause any other material loss or damage to other persons lawfully using a computer.
(2D)
In the case of a warrant that is in force in relation to premises, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:
1. (a)
  at the premises; or
2. (b)
  at any other place.
(2E)
In the case of a warrant that is in force in relation to a person, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:
1. (a)
  in the presence of the person; or
2. (b)
  at any other place.
(3)
If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.
(4)
If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

3FAThe things authorised by a search warrant – additional things for digital assets

Warrant in relation to premises—authority to seize digital assets
(1)
A warrant that is in force in relation to premises authorises the executing officer or a constable assisting to seize a digital asset if:
(a)
in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and
(b)
the executing officer or a constable assisting reasonably suspects the digital asset to be:
(i)
evidential material in relation to an offence to which the warrant relates; or
(ii)
evidential material in relation to another offence that is an indictable offence; or
(iii)
evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and
(c)
the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.
Note: For the purposes of paragraph (a), the digital asset need not be found at the premises. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the premises: see section 3LAA.
Warrant in relation to person—authority to seize digital assets
(2)
A warrant that is in force in relation to a person authorises the executing officer or a constable assisting to seize a digital asset if:
(a)
in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and
(b)
the executing officer or a constable assisting reasonably suspects the digital asset to be:
(i)
evidential material in relation to an offence to which the warrant relates; or
(ii)
evidential material in relation to another offence that is an indictable offence; or
(iii)
evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and
(c)
the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.
Note: For the purposes of paragraph (a), the digital asset need not be found in the person’s possession. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the person’s possession: see section 3LAA.
Use of electronic equipment etc. to seize a digital asset etc.
(3)
A warrant that is in force authorises the executing officer or a constable assisting:
(a)
to use:
(i)
a computer, or data storage device, found in the course of a search authorised under the warrant; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment; or
(iv)
a data storage device;
for the purpose of seizing a digital asset under the warrant; and
(b)
if necessary to achieve that purpose—to add, copy, delete or alter data in the computer or device mentioned in subparagraph (a)(i); and
(c)
if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant:
(i)
to use any other computer or a communication in transit; and
(ii)
if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and
(d)
to do any other thing reasonably incidental to any of the above.
Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc.
(4)
A warrant that is in force authorises the executing officer or a constable assisting:
(a)
to use:
(i)
a computer, or data storage device, found in the course of a search authorised under the warrant; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment; or
(iv)
a data storage device;
for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; and
(b)
if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and
(c)
if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:
(i)
to use any other computer or a communication in transit to access the relevant data; and
(ii)
if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and
(d)
to copy any data to which access has been obtained, and that:
(i)
appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or
(ii)
suggests the existence of a digital asset that may be seized under the warrant; and
(e)
to do any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).
(5)
A warrant that is in force authorises the executing officer or a constable assisting:
(a)
to use:
(i)
a computer found in the course of a search authorised under the warrant; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment;
for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to:
(iv)
a person who is the owner or lessee of the computer mentioned in subparagraph (i); or
(v)
a person who uses or has used the computer mentioned in subparagraph (i); or
(vi)
a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or
(vii)
a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);
in order to determine whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; and
(b)
if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and
(c)
if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:
(i)
to use any other computer or a communication in transit to access the relevant account‑based data; and
(ii)
if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and
(d)
to copy any data to which access has been obtained, and that:
(i)
appears to be relevant for the purposes of determining whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; or
(ii)
suggests the existence of a digital asset that may be seized under the warrant; and
(e)
to do any other thing reasonably incidental to any of the above.
Limitation
(6)
Subsections (3), (4) and (5) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct:
(i)
a communication in transit; or
(ii)
the lawful use by other persons of a computer;
unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or
(b)
cause any other material loss or damage to other persons lawfully using a computer.
Operation of electronic equipment to seize a digital asset
(7)
A warrant that is in force also authorises the executing officer or a constable assisting:
(a)
for a warrant in relation to premises—to operate electronic equipment at the premises for the purpose of seizing a digital asset under the warrant; and
(b)
if electronic equipment is moved to another place under subsection 3K(2)—to operate the equipment for the purpose of seizing a digital asset under the warrant.
Additional ways of seizing digital assets
(8)
Seizing a digital asset under a warrant includes any of the following:
(a)
transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
(b)
transferring the digital asset:
(i)
from a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant; and
(ii)
to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;
(c)
transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.
Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.
Time limit for seizing digital assets etc.
(9)
The power to seize a digital asset under the warrant, or a power covered by subsection (3) or paragraph (7)(b) relating to seizing a digital asset under the warrant, may be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) or (2)(a) for the warrant, only during the period starting when the warrant is issued and ending at:

(a)
if the thing is moved to another place under subsection 3K(2)—the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B); or
(b)
if the thing is seized under this Division—any time that the thing must be returned as described in Subdivision B of Division 4C of this Part; or
(c)
if the thing is data that is copied under this Division—the time the Commissioner is satisfied that the data is not required (or is no longer required):
(i)
for a purpose mentioned in section 3ZQU; or
(ii)
for other judicial or administrative review proceedings; or
(d)
otherwise—the end of the period of 30 days starting on the day the warrant is issued.

Note: This means the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph (1)(a) or (2)(a) that suggests the existence of the digital asset.
For example, if 2 or more things referred to in paragraph (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.
(10)

If the period applicable under subsection (9) ends after the warrant expires, the powers referred to in that subsection may be exercised during that period as if the warrant were still in force.
Things done in relation to warrants may be done remotely etc.
(11)
For a warrant related to premises, it is immaterial whether:
(a)
a digital asset is seized, as described in this section, at the premises or at any other place; or
(b)
a thing mentioned in subsection (3), (4) or (5) is done at the premises or at any other place.
(12)
For a warrant related to a person, it is immaterial whether:
(a)
a digital asset is seized, as described in this section, in the presence of the person or at any other place; or
(b)
a thing mentioned in subsection (3), (4) or (5) is done in the presence of the person or at any other place.

3GAvailability of assistance and use of force in executing a warrant

In executing a warrant:
(a)
the executing officer may obtain such assistance; and
(b)
the executing officer, or a person who is a constable and who is assisting in executing the warrant may use such force against persons and things; and
(c)
a person who is not a constable and who has been authorised to assist in executing the warrant may use such force against things;
as is necessary and reasonable in the circumstances.

3HDetails of warrant to be given to occupier etc.

(1)
If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or a constable assisting must make available to that person a copy of the warrant.
(2)
If a warrant in relation to a person is being executed, the executing officer or a constable assisting must make available to that person a copy of the warrant.
(3)
If a person is searched under a warrant in relation to premises, the executing officer or a constable assisting must show the person a copy of the warrant.
(4)
The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.
(5)
The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.

3JSpecific powers available to constables executing warrant

(1)
In executing a warrant in relation to premises, the executing officer or a constable assisting may:
1. (a)
  for a purpose incidental to the execution of the warrant; or
2. (b)
  if the occupier of the premises consents in writing;
take photographs (including video recordings) of the premises or of things at the premises.
(2)
If a warrant in relation to premises is being executed, the executing officer and the constables assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:
1. (a)
  for not more than one hour; or
2. (aa)
  if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA; or
3. (b)
  for a longer period if the occupier of the premises consents in writing.
(3)
If:
1. (a)
  the execution of a warrant is stopped by an order of a court; and
2. (b)
  the order is later revoked or reversed on appeal; and
3. (c)
  the warrant is still in force;
the execution of the warrant may be completed.

3JAExtension of time to re‑enter premises in emergency situations

(1)
If:
1. (a)
  a warrant in relation to premises is being executed; and
2. (b)
  there is an emergency situation; and
3. (c)
  the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);
he or she may apply to an issuing officer for an extension of that period.
(2)
Before making the application, the executing officer or a constable assisting must, if it is practicable to do so, give notice to the occupier of the premises of his or her intention to apply for an extension.
(3)
If an application mentioned in subsection (1) has been made, an issuing officer may extend the period during which the executing officer and constables assisting may be away from the premises if:
1. (a)
  the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and
2. (b)
  the extension would not result in the period ending after the expiry of the warrant.

3KUse of equipment to examine or process things

Equipment may be brought to warrant premises
(1)
The executing officer of a warrant in relation to premises, or constable assisting, may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant.
Thing may be moved for examination or processing
(2)
A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if:
(a)
both of the following apply:
(i)
it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;
(ii)
the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or
(b)
for a thing found at warrant premises—the occupier of the premises consents in writing; or
(c)
for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.
Notification of examination or processing and right to be present
(3)
If a thing is moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:
(a)
inform the person referred to in paragraph (2)(b) or (c) (as the case requires) of the address of the place and the time at which the examination or processing will be carried out; and
(b)
allow that person or his or her representative to be present during the examination or processing.
(3AA)
The executing officer need not comply with paragraph (3)(a) or (b) if he or she believes on reasonable grounds that to do so might:
(a)
endanger the safety of a person; or
(b)
prejudice an investigation or prosecution.
Time limit on moving a thing
(3A)
The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:
(a)
if the thing is a computer or data storage device—30 days;
(b)
otherwise—14 days.
(3B)
An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.
(3C)
The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.
(3D)
A single extension cannot exceed whichever of the following is applicable:
(a)
if the thing is a computer or data storage device—14 days;
(b)
otherwise—7 days.
Equipment at warrant premises may be operated
(4)
The executing officer of a warrant in relation to premises, or a constable assisting, may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, if the executing officer or constable believes on reasonable grounds that:
(a)
the equipment is suitable for the examination or processing; and
(b)
the examination or processing can be carried out without damage to the equipment or the thing.
Extended powers of examination and processing
(5)
For the purposes of this section, if a computer or data storage device (the relevant computer or device) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer or device may include:
(a)
using:
(i)
the relevant computer or device; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment; or
(iv)
a data storage device;
for the purpose of obtaining access to data (the relevant data) that is held in the relevant computer or device in order to determine whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
(b)
if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer or device; and
(c)
if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:
(i)
to use any other computer or a communication in transit to access the relevant data; and
(ii)
if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and
(d)
to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
(e)
to do any other thing reasonably incidental to any of the above.
(6)
For the purposes of this section, if a computer (the relevant computer) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer may include:
(a)
using:
(i)
the relevant computer; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment;
for the purpose of obtaining access to data (the relevant account‑based data) that is account‑based data in relation to:
(iv)
a person who is the owner or lessee of the relevant computer; or
(v)
a person who uses or has used the relevant computer; or
(vi)
a deceased person who, before the person’s death, was the owner or lessee of the relevant computer; or
(vii)
a deceased person who, before the person’s death, used the relevant computer;
in order to determine whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
(b)
if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer; and
(c)
if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:
(i)
to use any other computer or a communication in transit to access the relevant account‑based data; and
(ii)
if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and
(d)
to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and
(e)
to do any other thing reasonably incidental to any of the above.
(7)
Subsections (5) and (6) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct:
(i)
a communication in transit; or
(ii)
the lawful use by other persons of a computer;
unless the addition, deletion or alteration, or the doing of the thing, is necessary to determine:
(iii)
in the case of subsection (5)—whether the relevant computer or device is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or
(iv)
in the case of subsection (6)—whether the relevant computer is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or
(b)
cause any other material loss or damage to other persons lawfully using a computer.
(8)
In the case of a warrant that was in force in relation to premises, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:
(a)
at the premises; or
(b)
at any other place.
(9)
In the case of a warrant that was in force in relation to a person, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:
(a)
in the presence of the person; or
(b)
at any other place.

3LUse of electronic equipment at premises

(1)
The executing officer of a warrant in relation to premises, or a constable assisting, may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant.
Note: A constable can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 3LA.
(1A)
If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant, he or she may:
1. (a)
  copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or
2. (b)
  if the occupier of the premises agrees in writing—copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device at the premises;
and take the device from the premises.
(1B)
If:
1. (a)
  the executing officer or constable assisting takes the device from the premises; and
2. (b)
  the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings;
the Commissioner must arrange for:
1. (c)
  the removal of the data from any device in the control of the Australian Federal Police; and
2. (d)
  the destruction of any other reproduction of the data in the control of the Australian Federal Police.
(2)
If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant, he or she may:
1. (a)
  seize the equipment and any disk, tape or other associated device; or
2. (b)
  if the material or thing can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced.
(3)
A constable may seize equipment under paragraph (2)(a) only if:
1. (a)
  it is not practicable to copy the data as mentioned in subsection (1A) or to put the material or thing in documentary form as mentioned in paragraph (2)(b); or
2. (b)
  possession by the occupier of the equipment could constitute an offence.
(4)
If the executing officer or a constable assisting suspects on reasonable grounds that:
1. (a)
  evidential material may be accessible by operating electronic equipment at the premises; and
2. (b)
  expert assistance is required to operate the equipment; and
3. (c)
  if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(5)
The executing officer or a constable assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.
(6)
The equipment may be secured:
1. (a)
  for a period not exceeding 24 hours; or
2. (b)
  until the equipment has been operated by the expert;
whichever happens first.
(7)
If the executing officer or a constable assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to an issuing officer for an extension of that period.
(8)
The executing officer or a constable assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
(9)
The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

3LAAUse of electronic equipment at other place

(1)
If electronic equipment is moved to another place under subsection 3K(2), the executing officer or a constable assisting may operate the equipment to:
1. (a)
  access data (including data held at another place); or
2. (b)
  access account‑based data.
(2)
If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, or suggests the existence of a digital asset that may be seized under a warrant, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.
(3)
If the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must arrange for:
1. (a)
  the removal of the data from any device in the control of the Australian Federal Police; and
2. (b)
  the destruction of any other reproduction of the data in the control of the Australian Federal Police.
(4)
If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under a warrant, he or she may:
1. (a)
  seize the equipment and any disk, tape or other associated device; or
2. (b)
  if the material or thing can be put in documentary form—put the material or thing in that form and seize the documents so produced.
(5)
A constable may seize equipment under paragraph (4)(a) only if:
1. (a)
  it is not practicable to copy the data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (4)(b); or
2. (b)
  possession of the equipment, by the person referred to in paragraph 3K(2)(b) or (c) (as the case requires), could constitute an offence.

3LAPerson with knowledge of a computer or a computer system to assist access etc.

(1)
A constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a constable to do one or more of the following:
1. (a)
  access data held in, or accessible from, a computer or data storage device that:
  1. (i)
    is on warrant premises; or
  2. (ia)
    is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E; or
  3. (ii)
    has been moved under subsection 3K(2) and is at a place for examination or processing; or

1. (d)
  at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.
(1B)
Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).
(2)
Subsection (1) applies to any instrument made under an Act (including rules, regulations or by‑laws but not including a law of a Territory) as if the instrument were an Act and as if each such rule, regulation or by‑law were a section of an Act.

4EPecuniary penalties

A pecuniary penalty for an offence against a law of the Commonwealth may, unless the contrary intention appears, be recovered in any court of summary jurisdiction.

4FEffect of alterations in penalties

(1)
Where a provision of a law of the Commonwealth increases the penalty or maximum penalty for an offence, the penalty or maximum penalty as increased applies only to offences committed after the commencement of that provision.
(2)
Where a provision of a law of the Commonwealth reduces the penalty or maximum penalty for an offence, the penalty or maximum penalty as reduced extends to offences committed before the commencement of that provision, but the reduction does not affect any penalty imposed before that commencement.

4GIndictable offences

Offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears.

4HSummary offences

Offences against a law of the Commonwealth, being offences which:
(a)
are punishable by imprisonment for a period not exceeding 12 months; or
(b)
are not punishable by imprisonment;
are summary offences, unless the contrary intention appears.

4JCertain indictable offences may be dealt with summarily

(1)
Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.
(2)
Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.
(3)
Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (1), the court may impose:
1. (a)
  where the offence is punishable by imprisonment for a period not exceeding 5 years—a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or
2. (b)
  where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years—a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.
(4)
A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.
(5)
Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.
(6)
A court of summary jurisdiction shall not impose under subsection (3) or (5):
1. (a)
  a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;
2. (b)
  a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or
3. (c)
  both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.
(7)
This section does not apply to an offence against:
1. (b)
  Division 80 (other than Subdivision CA) of the Criminal Code (treason, urging violence and advocating terrorism or genocide); or
2. (c)
  Division 82 of the Criminal Code (sabotage); or
3. (d)
  Division 91 of the Criminal Code (espionage); or
4. (e)
  Division 92 of the Criminal Code (foreign interference).

4JASome indictable offences punishable by fine only may be dealt with summarily

(1)
A court of summary jurisdiction may hear and determine an indictable offence if:
1. (a)
  the offence is not punishable by imprisonment; and
2. (b)
  the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate; and
3. (c)
  the defendant and prosecution consent.
(2)
If the defendant is convicted, the court may impose a pecuniary penalty of:
1. (a)
  not more than 60 penalty units for an individual or 300 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 300 penalty units for an individual or 1,500 penalty units for a body corporate; or
2. (b)
  not more than 120 penalty units for an individual or 600 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate.
However, the court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.
(3)
This section has effect subject to any contrary intention indicated by the law creating the offence.
(4)
Without limiting subsection (3), this section does not apply to an indictable offence:
1. (a)
  created by a law that provides that the offence may be heard and determined by a court of summary jurisdiction; or
2. (b)
  described in subsection 4J(4) (about offences relating to property valued at $5,000 or less).

4KContinuing and multiple offences

(1)
Where, under a law of the Commonwealth, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention appears, the obligation to do that act or thing continues, notwithstanding that the period has expired or the time has passed, until the act or thing is done.
(2)
Where a refusal or failure to comply with a requirement referred to in subsection (1) is an offence against a law of the Commonwealth, a person commits an offence in respect of each day during which the person refuses or fails to comply with that requirement, including the day of a conviction for any such offence or any later day.
(3)
Charges against the same person for any number of offences against the same provision of a law of the Commonwealth may be joined in the same information, complaint or summons if those charges are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character.
(4)
If a person is convicted of 2 or more offences referred to in subsection (3), the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a separate penalty were imposed in respect of each offence.

4LSpecified defences not to preclude other defences

Where a provision of a law of the Commonwealth provides a defence to a particular offence, the provision does not, unless the contrary intention appears, prevent the use of any defence that is otherwise available.

4MChildren under 10

A child under 10 years old cannot be liable for an offence against a law of the Commonwealth.

4NChildren over 10 but under 14

(1)
A child aged 10 years or more but under 14 years old can only be liable for an offence against a law of the Commonwealth if the child knows that his or her conduct is wrong.
(2)
The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution.

6Accessory after the fact

Any person who receives or assists another person, who has, to his or her knowledge, committed any offence against a law of the Commonwealth, in order to enable him or her to escape punishment or to dispose of the proceeds of the offence commits an offence.
Penalty: Imprisonment for 2 years.

9Seizure and condemnation of forfeitable goods

(1)
Any constable may, without warrant, seize any articles which are forfeited or which he or she has reasonable ground to believe are forfeited under any law of the Commonwealth, and take them before a court of summary jurisdiction.
(2)
Where articles are taken before a court of summary jurisdiction under subsection (1), the court shall inquire into the matter and:
1. (a)
  if the court is satisfied that the articles are forfeited—shall order that the articles be condemned; or
2. (b)
  if the court is not so satisfied—shall order that the articles be delivered to such person as the court is satisfied is entitled to the articles.
(2A)
A court of summary jurisdiction may, before inquiring into a matter under subsection (2), require notice of the inquiry to be given to such persons as the court thinks fit.
(3)
Where any prosecution is pending, an order for the condemnation or the delivery to any persons of any articles relating thereto shall not be made until the prosecution is determined.
(4)
All articles that are condemned as forfeited must be transferred to the Official Trustee to be dealt with under section 9A.

9AForfeited articles to be dealt with by Official Trustee

Where articles are transferred to the Official Trustee under subsection 9(4), the Official Trustee must, subject to any direction by the Minister administering the Proceeds of Crime Act 2002 given in a particular case:
(a)
sell or otherwise dispose of the articles; and
(b)
apply the proceeds of the sale or disposition in payment of the Official Trustee’s remuneration and other costs, charges and expenses of the kind referred to in section 9B payable to or incurred by it in connection with the sale or disposition; and
(c)
credit the remainder of those proceeds to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002.

9BCosts etc. payable to Official Trustee

(1)
The regulations may make provision in relation to:
1. (a)
  the costs, charges and expenses incurred in connection with; and
2. (b)
  the Official Trustee’s remuneration in respect of;
the performance or exercise by the Official Trustee of functions, duties or powers under section 9A.
(2)
An amount equal to each amount of remuneration that the Official Trustee receives under the regulations is to be paid to the Commonwealth.
(3)
Where there are no regulations in relation to a matter referred to in subsection (1):
1. (a)
  the regulations referred to in section 288 of the Proceeds of Crime Act 2002 apply, so far as they are applicable, and with appropriate changes, in relation to the matter; and
2. (b)
  a reference in subsection (1) or (2) to regulations is taken to be a reference to the regulations referred to in section 288 of the Proceeds of Crime Act 2002.

13Institution of proceedings in respect of offences

Unless the contrary intention appears in the Act or regulation creating the offence, any person may:
(a)
institute proceedings for the commitment for trial of any person in respect of any indictable offence against the law of the Commonwealth; or
(b)
institute proceedings for the summary conviction of any person in respect of any offence against the law of the Commonwealth punishable on summary conviction.

15Remand of defendant

Where a person is charged, before a court of summary jurisdiction, with an offence against the law of the Commonwealth, if, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the hearing of the case, the court before whom the accused person appears or is brought, may:
(a)
by warrant from time to time remand the defendant to some gaol, lock‑up, or other place of custody for such period as the court shall deem necessary to be there kept until the time appointed for continuing the hearing; or
(b)
order the discharge of the defendant upon his or her entering into a recognizance conditioned for his or her appearance at the time and place appointed for continuing the hearing.

15AABail not to be granted in certain cases

(1)
Despite any other law of the Commonwealth, a bail authority must not grant bail to a person covered by subsection (2) or (2A), in relation to an offence against a law of the Commonwealth, unless the bail authority is satisfied that exceptional circumstances exist to justify bail.
Note: For persons under 18 years of age, see subsection (3AA).
Persons covered by this section
(2)
This subsection covers a person (the defendant) charged with, or convicted of, any of the following offences:
1. (a)
  a terrorism offence;
2. (b)
  an offence against a law of the Commonwealth, if:
  1. (i)
    a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and
  2. (ii)
    the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death);
3. (c)
  an offence against a provision of Division 80 (other than Subdivision CA) (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if:
  1. (i)
    the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
  2. (ii)
    conduct that is a physical element of the offence carried a substantial risk of causing the death of a person;
4. (d)
  an ancillary offence against a provision of Division 80 (other than Subdivision CA) (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if, had the defendant engaged in conduct that is a physical element of the primary offence to which the ancillary offence relates, there would have been a substantial risk that the conduct would have caused the death of a person;
5. (e)
  an offence against subsection 92.2(1) or 92.3(1) (intentional or reckless offence of foreign interference), if:
  1. (i)
    the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
  2. (ii)
    conduct that is a physical element of the offence carried a substantial risk of causing the death of a person.
(2A)
This subsection covers the following persons:
1. (a)
  a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);
2. (b)
  a person who the bail authority is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.
(3)
To avoid doubt, the express reference in paragraph (2)(d) to an ancillary offence does not imply that references in paragraphs (2)(a), (b) or (c) to an offence do not include references to ancillary offences.
Entering reasons in court records if court grants bail
(3AAA)
If the bail authority is a court and it grants bail, the court must:
1. (a)
  state its reasons; and
2. (b)
  cause those reasons to be entered in the court’s records.
Determining exceptional circumstances in relation to persons under 18 years of age
(3AA)
In determining whether exceptional circumstances exist to justify granting bail to a person who is under 18 years of age, without limiting the matters the bail authority may have regard to,the bail authority must have regard to:
1. (a)
  the protection of the community as the paramount consideration; and
2. (b)
  the best interests of the person as a primary consideration.
Appealing decisions of bail authority
(3A)
Despite any law of the Commonwealth, the Director of Public Prosecutions, or a person covered by subsection (2) or (2A), may appeal against a decision of a bail authority:
1. (a)
  to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is satisfied that exceptional circumstances exist; or
2. (b)
  to refuse to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is not satisfied that exceptional circumstances exist.
(3B)
An appeal under subsection (3A):
1. (a)
  may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (3A), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and
2. (b)
  is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.
Staying decisions to grant bail if decision appealed
(3C)
If:
1. (a)
  a bail authority decides to grant bail to a person covered by subsection (2) or (2A); and
2. (b)
  immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision under subsection (3A);
the decision to grant bail is stayed with effect from the time of the notification.
(3D)
A stay under subsection (3C) ends:
1. (a)
  when a decision on the appeal is made; or
2. (b)
  when the Director of Public Prosecutions notifies:
  1. (i)
    the bail authority; or
  2. (ii)
    if an appeal has already been instituted in a court—the court;
that he or she does not intend to proceed with the appeal; or
1. (c)
  72 hours after the stay comes into effect;
whichever occurs first.
Relationship with laws of States and Territories
(4)
To avoid doubt, except as provided by subsections (1), (3AA), (3A), (3B), (3C) and (3D), this section does not affect the operation of a law of a State or a Territory.
Note: These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.
Definitions
(5)
In this section:
ancillary offence has the meaning given in the Criminal Code.
primary offence has the meaning given in the Criminal Code.

15AAABail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences

(1)
Despite any other law of the Commonwealth, a bail authority must not grant bail to a person who:
1. (a)
  is charged with, or convicted of, an offence described in column 1 of an item in the table in section 16AAA (except items 1A to 1E of that table); or
2. (b)
  is charged with, or convicted of, an offence described in column 1 of an item in the table in subsection 16AAB(2) and who has previously been convicted of a child sexual abuse offence;
unless the bail authority is satisfied by the person that circumstances exist to grant bail.
(2)
In addition to any other matters, in determining whether the bail authority is satisfied that circumstances exist to grant bail to a person, the bail authority must take into account such of the following matters as are relevant and known to the bail authority:
1. (a)
  whether the bail authority considers that the person would be likely to fail to appear at any proceedings for the offence if the person were granted bail;
2. (b)
  whether the bail authority considers that the person would be likely to commit a further offence if the person were granted bail;
3. (c)
  whether the bail authority considers that the person would be likely to put at risk the safety of the community or cause a person to suffer any harm if the person were granted bail;
4. (d)
  whether the bail authority considers that the person would be likely to conceal, fabricate or destroy evidence or intimidate a witness if the person were granted bail;
5. (e)
  whether the person was aged 18 years or over when the offence was committed;
6. (f)
  if the person has pleaded guilty to the charge in respect of the offence or been convicted of the offence—whether the bail authority considers that the person would not be likely to undertake a rehabilitation program, or not be likely to comply with any bail conditions relating to rehabilitation or treatment, while released on bail.
(3)
If the bail authority is a court and it grants bail, the court must:
1. (a)
  state its reasons; and
2. (b)
  cause those reasons to be entered in the court’s records.
(4)
Despite any law of the Commonwealth, the Director of Public Prosecutions or the person may appeal against a decision of a bail authority:

1. (a)
  to grant bail to the person despite subsection (1) on the basis that the bail authority is satisfied that circumstances exist to grant bail; or
2. (b)
  to refuse to grant bail to the person on the basis that the bail authority is not satisfied that circumstances exist to grant bail.
(5)
An appeal under subsection (4):
1. (a)
  may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (4), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and
2. (b)
  is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.
(6)
If:
1. (a)
  a bail authority decides to grant bail to the person; and
2. (b)
  immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision mentioned in subsection (4);
the decision to grant bail is stayed with effect from the time of the notification.
(7)
A stay under subsection (6) ends:
1. (a)
  when a decision on the appeal is made; or
2. (b)
  when the Director of Public Prosecutions notifies:
  1. (i)
    the bail authority; or
  2. (ii)
    if an appeal has already been instituted in a court—the court;
that he or she does not intend to proceed with the appeal; or
1. (c)
  72 hours after the stay comes into effect;
whichever occurs first.
(8)
To avoid doubt, except as provided by subsections (1), (4), (5), (6) and (7), this section does not affect the operation of a law of a State or a Territory.
Note: These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.

15ABMatters to be considered in certain bail applications

(1)
In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth or the Northern Territory, or in determining conditions to which bail granted to such a person should be subject, a bail authority:
1. (a)
  must take into consideration the potential impact of granting bail on:
  1. (i)
    any person against whom the offence is, or was, alleged to have been committed; and
  2. (ii)
    any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and
2. (b)
  must not take into consideration any form of customary law or cultural practice as a reason for:
  1. (i)
    excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or
  2. (ii)
    aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.
(2)
If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.
(3)
In paragraph (1)(b):
criminal behaviour includes:
1. (a)
  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
2. (b)
  any fault element relating to such a physical element.
(3A)
Paragraph (1)(b) does not apply in relation to an offence against the following:
1. (a)
  section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;
2. (b)
  sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999;
3. (c)
  section 48 of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986;
4. (d)
  sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976;
5. (e)
  section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987;
6. (f)
  sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
7. (h)
  section 4 of the Aboriginal Land Act 1978 (NT);
8. (i)
  sections 111, 112 and 113 of the Heritage Act 2011 (NT);
9. (j)
  any other law prescribed by the regulations that relates to:
  1. (i)
    entering, remaining on or damaging cultural heritage; or
  2. (ii)
    damaging or removing a cultural heritage object.
(4)
To avoid doubt, except as provided by subsections (1), (2) and (3A), this section does not affect:
1. (a)
  any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject; or
2. (b)
  the operation of a law of a State or a Territory.
Note: Subsections (1) and (2) indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.

15AEnforcement of fines etc.

(1)
A law of a State or Territory relating to the enforcement or recovery of a fine imposed on an offender applies to a person convicted in the State or Territory of an offence against a law of the Commonwealth. The law applies:
1. (a)
  so far as it is not inconsistent with a law of the Commonwealth; and
2. (b)
  with the modifications (if any) made by or under this section.
(1AA)
If a law of a State or Territory requires or permits a person or authority other than a court to take action to impose a penalty described in subsection (1AB) for failure to pay a fine, the law applies under subsection (1) as if the law did not require or permit the person or authority to take the action but instead:
1. (a)
  allowed any person to apply to a court of summary jurisdiction of the State or Territory for an order imposing the penalty; and
2. (b)
  allowed the court to make the order; and
3. (c)
  provided for the order to have the same effect that the taking of the action by the person or authority has under the law without the modifications made by or under this subsection; and
4. (d)
  were subject to any prescribed modifications consequential on the other modifications described in this subsection, or facilitating the operation of the law with those modifications.
(1AB)
Subsection (1AA) applies in relation to any of the following penalties:
1. (e)
  community service by a person who failed to pay a fine;
2. (f)
  detention or imprisonment of a person who failed to pay a fine;
3. (g)
  a penalty that is similar to a penalty described in paragraph (e) or (f);
4. (h)
  a penalty prescribed by the regulations.
(1AC)
Jurisdiction is conferred on a court of summary jurisdiction of a State or Territory to make orders described in subsection (1AA).
(1ACB)
To avoid doubt, if a court makes an order imposing a penalty for failure to pay a fine, whether or not the penalty is described in subsection (1AB), a person or authority other than a court may take action to enforce the penalty without making an application under paragraph (1AA)(a), even if the penalty is imposed as an alternative penalty.
(1AD)
If a law of a State or Territory requires or permits a court or a court officer to:
1. (a)
  refer a matter to a person or organisation; or
2. (b)
  notify a person or organisation; or
3. (c)
  provide information to a person or organisation;
in relation to the enforcement or recovery of a fine imposed by the court, the law applies under subsection (1) in relation to a federal court in the same way as it applies to a court of the State or Territory.
(1A)
Where there is a law of a State or Territory with respect to the enforcement or recovery of fines ordered to be paid by offenders (including a law described in subsection (1AA)) that applies in relation to fines ordered to be paid by offenders convicted by courts of summary jurisdiction:
1. (a)
  subsection (1) operates to require that law to apply and be applied to persons who are convicted summarily of federal offences by a federal court in the same manner as that law would apply and be applied if the federal court were a court of summary jurisdiction; and
2. (b)
  that subsection does not operate in relation to any law of that State or Territory that applies in relation to fines ordered to be paid by offenders convicted by superior courts.
(1B)
If a law of a State or Territory:
1. (a)
  is with respect to the enforcement or recovery of fines ordered to be paid by offenders (including a law described in subsection (1AA)); and
2. (b)
  applies in relation to fines ordered to be paid by offenders convicted on indictment;
subsection (1) operates to require that law to apply and be applied in the same manner to persons who are convicted on indictment of federal offences by a federal court.
(2)
Without limiting the generality of subsection (1), in the application to a person convicted of a federal offence of any State or Territory laws with respect to the enforcement or recovery of fines, a requirement that the amount of a fine be paid to a State or Territory office or officer is to be treated as a requirement that the amount of the fine be paid in accordance with the law of the Commonwealth.
(3)
Where a court imposes a sentence or sentences of imprisonment on a person in respect of a failure to pay a fine or fines imposed for a federal offence or offences, the court must direct that the sentence, or all the sentences, commence to be served from the earliest practicable day despite the fact that the person may, on that day, already be serving another sentence of imprisonment for a federal, State or Territory offence.
(4)
Despite subsection (3), a court may, where it is of the opinion that, in all the circumstances of the case, it is more appropriate to do so, direct that a period of imprisonment imposed on a person in respect of a failure to pay a fine imposed in respect of a federal offence commence to be served during, or at the end of, a period of imprisonment imposed for a similar failure in respect of another federal offence.
(5)
In this section:
federal offence means an offence against the law of the Commonwealth.
modifications includes additions, omissions and substitutions.

15BTime for commencement of prosecutions

(1)
Subject to subsection (1B), a prosecution of an individual for an offence against any law of the Commonwealth may be commenced as follows:
1. (a)
  if the maximum penalty which may be imposed for the offence in respect of an individual is, or includes, a term of imprisonment of more than 6 months in the case of a first conviction—at any time;
2. (b)
  in any other case—at any time within one year after the commission of the offence.
(1A)
A prosecution of a body corporate for an offence against any law of the Commonwealth may be commenced as follows:
1. (a)
  if the maximum penalty which may be imposed for the offence in respect of a body corporate is, or includes, a fine of more than 150 penalty units in the case of a first conviction—at any time;
2. (b)
  in any other case—at any time within one year after the commission of the offence.
(1B)
A prosecution of an individual for an offence that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code, or against another law of the Commonwealth dealing with aiding and abetting, in relation to an offence committed by a body corporate may be commenced as follows:
1. (a)
  if the maximum penalty which may be imposed for the principal offence in respect of a body corporate is, or includes, a fine of more than 150 penalty units in the case of a first conviction—at any time;
2. (b)
  in any other case—at any time within one year after the commission of the offence by the individual.
(2)
Notwithstanding any provision in any law of the Commonwealth passed before the commencement of this Act and providing any shorter time for the commencement of the prosecution, any prosecution for an offence against the law may be commenced at any time within one year after the commission of the offence.
(3)
Where by any law of the Commonwealth any longer time than the time provided by this section is provided for the commencement of a prosecution in respect of an offence against that law, a prosecution in respect of the offence may be commenced at any time within that longer time.

15CForm of indictments, information and summonses

(1)
At the hearing of any indictment, information or summons, the court may make such amendment in the indictment, information or summons as appears to it to be desirable or to be necessary to enable the real question in dispute to be determined.
(2)
If in any such case the court considers that the defendant has been misled by the form in which the indictment, information or summons has been made out, it may adjourn the hearing of the case for such period as it thinks fit and may make such order as to the costs of the adjournment as it thinks proper.
(3)
The power of the court under subsection (1) shall not be exercised in cases where the court considers that the required amendments cannot be made without injustice to the defendant.

15EPrivilege of Parliament not affected

Nothing in this Act shall derogate from any power or privilege of either House of the Parliament or of the members or committees of either House of Parliament as existing at the commencement of this Act.

15FCivil rights not affected

Nothing in this Act shall affect the right of any person aggrieved by any act or omission which is punishable as an offence against this Act to institute civil proceedings in any court in respect of such act or omission.