CRIMES.
No. 9 of 1926.
An Act to amend the Crimes Act 1914-1915.
[Assented to 16th March, 1926.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Crimes Act 1926.
(2.) The Crimes Act 1914-1915 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by the War Precautions Act Repeal Act 1920 and by this Act, may be cited as the Crimes Act 1914-1926.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Parts.
3. Section two of the Principal Act is amended by inserting, after the words “Part II.—Offences against the Government.” the words “Part IIa.—Protection of the Constitution and of Public and other Services.”.
Definitions.
4. Section three of the Principal Act is amended—
(a) by adding at the end of the definition of “Constable” the words “and any Peace Officer appointed in pursuance of the Peace Officers Act 1925”; and
(b) by inserting therein, after the definition of “Property”, the following definition:—
“‘Public authority under the Commonwealth’ means any authority or body constituted by or under any Act and includes the Commonwealth Bank of Australia.”.
Aiders and abettors.
5. Section five of the Principal Act is amended by omitting therefrom the words “this Act or any other Act” and inserting in their stead the words “any law of the Commonwealth”.
Attempts.
6. Section seven of the Principal Act is amended by omitting therefrom the words “this Act or any other Act” and inserting in their stead the words “any law of the Commonwealth”.
7. After section eight of the Principal Act the following section is inserted :—
Arrest without warrant for any offence against law of Commonwealth.
“8a. Any constable may, without warrant, arrest any person, if the constable has reasonable ground to believe—
(a) that the person has committed an offence against the law of the Commonwealth; and
(b) that proceedings against the person by summons would not be effective.”.
Seizure and condemnation of forfeitable goods.
8. Section nine of the Principal Act is amended by omitting from sub-section (1.) thereof the words “this Act” and inserting in their stead the words “any law of the Commonwealth”.
Search warrant.
9. Section ten of the Principal Act is amended by omitting from paragraph (a) thereof the words “indictable offence against this Act” and inserting in their stead the words “offence against any law of the Commonwealth”.
10. After section twelve of the Principal Act the following…
Overview
The Crimes Act 1926 was enacted by the Commonwealth Parliament to amend the Crimes Act 1914-1915, addressing gaps in the existing legal framework to better protect the Constitution, public services, and Commonwealth property. This Act introduced new provisions for the protection of the Constitution and public services, including the prohibition of unlawful associations and the criminalization of activities aimed at overthrowing the government by revolution or sabotage, among other offences. The policy objective was to strengthen the legislative measures against activities that could threaten national security and public order, providing clearer definitions, expanded law enforcement powers, and more stringent penalties for various offences against the Commonwealth.
Scope and Application
The Crimes Act 1926 amends the Crimes Act 1914-1915, which now collectively may be cited as the Crimes Act 1914-1926. This Act applies to all laws of the Commonwealth and extends to all persons, including those over the age of eighteen, entities, and public authorities under the Commonwealth. It applies to offences committed within the territorial jurisdiction of Australia, including any Commonwealth territories. Certain exclusions and exemptions are outlined within the Act, such as the provisions that allow a Court of Summary Jurisdiction to amend indictments, information, or summonses to correct defects or variances, provided that it does not prejudice the defendant. The Act can be further extended or restricted through subordinate instruments, which may provide additional definitions, specify particular types of conduct, or detail specific industries or transactions subject to the legislation. The Act provides for the amendment of various sections of the Principal Act, including those related to the definition of constables, the scope of offences against the Commonwealth, the powers of constables, and the procedures for the seizure and condemnation of forfeitable goods. It also introduces new offences, such as the prohibition of unlawful associations, advocating or inciting to crime, and tampering with Commonwealth notes or securities, among others.
Key Provisions
- The Crimes Act 1926 (C1926A00009) makes several key amendments to the Crimes Act 1914-1915 (referred to as the Principal Act), with new provisions added to protect the Constitution, public services, and Commonwealth property. Section 8a allows any constable or peace officer to arrest any person without a warrant if they have reasonable grounds to believe the person has committed an offence against the law of the Commonwealth and that proceedings by summons would not be effective. Section 12a allows proceedings for indictable offences to be dealt with summarily with the defendant's consent. It also permits courts to impose a sentence of imprisonment not exceeding one year and a pecuniary penalty not exceeding one hundred pounds.
- The Act imposes several obligations on individuals and entities. For example, Section 29a makes it an offence to obtain chattels, money, valuable securities, or benefits from the Commonwealth or public authorities by false pretences, with a penalty of imprisonment for five years. Section 30a declares unlawful associations that advocate overthrowing the Constitution or established governments by revolution, sabotage, or force, or that advocate the destruction of Commonwealth property. Membership in or association with unlawful associations is also an offence (Section 30b).
- Offences under the Act carry various penalties. For example, Section 29c makes it an offence to make untrue statements in applications for Commonwealth payments, with a penalty of a fine of fifty pounds. Section 30d makes it an offence to give or solicit contributions for unlawful associations, with a penalty of imprisonment for six months. Section 30j makes it an offence to participate in or encourage lockouts or strikes during serious industrial disturbances, with a penalty of imprisonment for up to one year and possible deportation. The Act also allows for the deportation of non-Australian-born offenders convicted of certain offences (Section 30l).
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Enforcement Powers
- Proof of exceptions, &c.
- Regulatory Standards