Crimes (Hostages) Act 1989
No. 26, 1989
Compilation No. 6
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 25 May 2016
About this compilation
This compilation
This is a compilation of the Crimes (Hostages) Act 1989 that shows the text of the law as amended and in force on 10 March 2016 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Short title
2 Commencement
3 Interpretation
4 Act extends to external Territories
5 Application
6 Effect of this Act on other laws
6A Application of the Criminal Code
7 Meaning of hostage‑taking
8 When hostage‑taking an offence
9 Person not to be charged in certain circumstances
10 Prosecutions
11 Venue where offence committed on aircraft
12 Change of venue
13 Evidence of certain matters
14 Section 38 of Judiciary Act
15 Assistance under article 6 of Convention
Schedule—International Convention Against The Taking Of Hostages
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to give effect to the International Convention Against the Taking of Hostages, and for related purposes
1 Short title
This Act may be cited as the Crimes (Hostages) Act 1989.
2 Commencement
This Act commences on a day to be fixed by Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Australia includes:
(a) the external Territories; and
(b) the Australian coastal sea.
Australian aircraft means:
(a) an aircraft registered under regulations made under the Civil Aviation Act 1988;
(b) an aircraft that is owned by, or…
Overview
The Crimes (Hostages) Act 1989 was enacted by the Australian Parliament to give effect to the International Convention Against the Taking of Hostages and to address the problem of hostage-taking, which is considered an offence of grave concern to the international community. The policy objective of the Act is to ensure that any person committing an act of hostage-taking is either prosecuted or extradited. The Act applies to acts, matters, and things outside Australia, whether or not in or over a foreign country, and to all persons, irrespective of their nationality or citizenship. It is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory. The Act makes it an offence to commit an act of hostage-taking, with the punishment being imprisonment for life or for any lesser term. The Act also outlines procedures for prosecution, venue, and the admissibility of evidence.
Scope and Application
The Crimes (Hostages) Act 1989 is an Australian federal statute designed to give effect to the International Convention Against the Taking of Hostages, which was opened for signature at New York on 18 December 1979. The Act applies to all persons, irrespective of their nationality or citizenship, and extends to acts, matters, and things outside Australia, including in or over foreign countries, and also to all external Territories. It is pertinent to note that the Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory. Importantly, a person cannot be convicted of an offence under this Act in respect of conduct for which they have already been convicted in another country. The Act also specifies that a person cannot be charged with an offence under this Act if the Convention would not apply to that act or if the person and the alleged hostage were citizens of the same State at the time of the alleged offence. The Act applies to hostage-taking acts committed after the Convention enters into force for Australia, with penalties including imprisonment for life or any lesser term. Prosecutions under this Act require the consent of the Attorney-General, and the Act incorporates Chapter 2 of the Criminal Code, which sets out the general principles of criminal responsibility. The Act also provides mechanisms for evidence, change of venue for trials, and the rights of non-Australian citizens in custody.
Key Provisions
- The Crimes (Hostages) Act 1989 (Cth) is a piece of legislation designed to give effect to the International Convention Against the Taking of Hostages. The Act defines the act of hostage-taking and prescribes the punishment for such acts. Section 8(1) of the Act states that a person commits an offence if they seize or detain another person and threaten to kill, injure, or continue to detain them with the intention of compelling a third party to do or abstain from doing any act as a condition for the hostage's release. The punishment for such an offence is imprisonment for life or any lesser term (s 8(2)). Section 9 of the Act outlines the circumstances in which a person cannot be charged with an offence under this Act, such as where the alleged act was committed in a particular State and the person was a citizen of that State at the time of the act.
- The Act imposes several obligations on parties and entities it governs. Firstly, it mandates that the Attorney-General's written consent is required to institute proceedings for the commitment of a person for trial on indictment for an offence under this Act (s 10(1)). Secondly, the Act requires that any person, other than an Australian citizen, who is in custody in respect of an offence alleged to have been committed against this Act is entitled to the assistance referred to in paragraph 3 of article 6 of the Convention (s 15). Lastly, the Act provides that Chapter 2 of the Criminal Code applies to all offences against this Act (s 6A).
- Breaching the provisions of the Crimes (Hostages) Act 1989 can result in criminal and civil consequences. The maximum penalty for committing an act of hostage-taking is imprisonment for life or any lesser term (s 8(2)). Additionally, any person who aids, abets, counsels, or procures the commission of an offence against this Act is deemed to have committed the offence and is subject to the same punishment as if they had directly committed the offence (s 8(4)). Any person who attempts to commit an act of hostage-taking or participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking is also subject to the same punishment as if they had directly committed the offence (s 8(5)). Lastly, any person who is found guilty of an offence under this Act may also be subject to civil liability for any damages suffered by the victim as a result of the offence (s 12 of the Criminal Code).
- Area of Law
- Criminal Law
- International Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Extraterritorial Application
- Delegation & Subordinate Legislation
- Transitional Provisions
