Crimes Amendment Act 1982

Administered by Attorney-General's Department

Legislation au C2004A02626 Not in force Act

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Crimes Amendment Act 1982

No. 67 of 1982

 

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 16 June 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Crimes Amendment Act 1982.

(2) The Crimes Act 19141 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1, 2 and 14 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.

3. After section 3a of the Principal Act the following section is inserted in Part I:

Arrangements with States, Northern Territory and Norfolk Island

“3b. The Governor-General may make arrangements with the Governor of a State, the Administrator of the Northern Territory or the Administrator of


Norfolk Island for the exercise of powers and the performance of functions by officers of the State or Territory, and for the making available of facilities of the State or Territory, for and in relation to the carrying out of sentences passed, and orders made, under this Act.”.

Maximum penalties

4. (1) Section 16 of the Principal Act is amended—

(a) by omitting from sub-section (1) “sufficient to meet the case” and substituting “appropriate in all the circumstances of the case”; and

(b) by omitting sub-section (2) and substituting the following sub-sections:

“(2) Unless the contrary intention appears, the maximum fine for an offence against this Act shall, subject to sub-section (3), be as follows:

(a) if the offender is a natural person—

(i) where the offence is punishable by imprisonment for a period not exceeding 6 months—$1,000;

(ii) where the offence is punishable by imprisonment for a period exceeding 6 months but not exceeding 12 months—$2,000;

(iii) where the offence is punishable by imprisonment for a period exceeding 12 months but not exceeding 2 years—$5,000;

(iv) where the offence is punishable by imprisonment for a period exceeding 2 years but not exceeding 5 years—$10,000; and

(v) where the offence is punishable by imprisonment for a period exceeding 5 years—$20,000; or

(b) if the offender is a body corporate—

(i) where the offence is punishable by imprisonment for a period not exceeding 6 months—$5,000;

(ii) where the offence is punishable by imprisonment for a period exceeding 6 months but not exceeding 12 months—$10,000;

(iii) where the offence is punishable by imprisonment for a period exceeding 12 months but not exceeding 2 years—$25,000;

(iv) where the offence is punishable by imprisonment for a period exceeding 2 years but not exceeding 5 years—$50,000; and

(v) where the offence is punishable by imprisonment for a period exceeding 5 years—$100,000.


“(3) Where a court of summary…

Overview

The Crimes Amendment Act 1982 was enacted to amend the Crimes Act 1914, primarily to introduce new sentencing options and to address gaps in the existing legislative framework. This Act was passed by the Australian Parliament, reflecting the policy objective to enhance the flexibility and effectiveness of the criminal justice system. It introduces provisions that allow for the conditional release of offenders, imposes restrictions on the imposition of imprisonment, and adjusts maximum penalties for various offences. These changes aim to provide courts with more alternatives to imprisonment, potentially reducing recidivism and allowing for more tailored sentencing based on the specific circumstances of each case.

Scope and Application

The Crimes Amendment Act 1982 applies to offences against the law of the Commonwealth, the Australian Capital Territory, and prescribed external Territories. The Act applies to natural persons and bodies corporate convicted of offences under the Crimes Act 1914, including those convicted before the commencement of this Act but not sentenced. The Act establishes maximum fines for various levels of imprisonment, depending on whether the offender is a natural person or a body corporate. Courts are restricted in imposing imprisonment unless other available sentences are deemed inappropriate. The Act also introduces provisions for the enforcement and recovery of fines, cumulative sentences, and conditional release of offenders. It provides mechanisms for discharging or varying conditions of recognizance and allows for additional sentencing alternatives, such as community service orders. The Act includes provisions for taking other offences into account during sentencing and addresses corruption and bribery of Commonwealth officers and members of Parliament. The Act extends to the Commonwealth, Australian Capital Territory, and prescribed external Territories, with certain exclusions and exemptions as specified.

Key Provisions

  • The Crimes Amendment Act 1982 primarily amends the Crimes Act 1914 by introducing new provisions and altering existing ones to modify the sentencing framework and the enforcement of fines. Section 3b of the Principal Act allows the Governor-General to make arrangements with state and territory authorities for the execution of sentences and the use of facilities. The Act also revises the maximum penalties for offences, aligning them with the severity of the offence and whether the offender is a natural person or a body corporate (sections 1 and 4).
  • The Act imposes obligations on courts to consider alternatives to imprisonment and to provide reasons for sentencing decisions (section 17a). It also mandates that courts provide reasons for ordering cumulative sentences and allows for the enforcement and recovery of fines, including the imposition of community service orders or similar sentences in default of fine payment (sections 6 and 18a). Furthermore, the Act enables courts to discharge offenders without conviction under certain conditions and outlines the procedures for handling breaches of discharge or release conditions (sections 8, 19b, 20, and 20a).
  • In terms of penalties, the Act sets specific monetary fines for various offences, with higher penalties for body corporates compared to natural persons. For serious offences, imprisonment is a possible sentence, and failure to comply with discharge or release conditions can result in revocation of the order and further sentencing (sections 4, 5, and 20a). Additionally, the Act introduces provisions for the consideration of other offences in sentencing and allows for the taking into account of admissions of guilt for unconvicted offences (section 21aa).
  • The Act also addresses corruption and bribery, imposing penalties of up to two years imprisonment for Commonwealth officers and members of Parliament who engage in corrupt activities (sections 73 and 73a). The Governor-General is granted the power to make regulations necessary for the Act's implementation (section 91).

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Maximum penalties
Enforcement Powers
Regulatory Standards
Repeal & Amendment
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.