Crimes (Internationally Protected Persons) Act 1976
No. 8, 1977
Compilation No. 9
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 26 May 2016
About this compilation
This compilation
This is a compilation of the Crimes (Internationally Protected Persons) Act 1976 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3A Extended meaning of internationally protected person
4 Extension of Act to Territories
5 Extraterritorial operation of Act
6 Effect of this Act on other laws
6A Application of the Criminal Code
7 Ratification of Convention
8 Offences
10 Liability to prosecution
11 Taking offenders into custody
12 Prosecutions
13 Evidence of matters relating to Convention
14 Certificates by Foreign Affairs Minister
15 Jurisdiction of courts
16 Section 38 of Judiciary Act
Schedule—Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
1 Short title
This Act may be cited as the Crimes (Internationally Protected Persons) Act 1976.
2 Commencement
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 11 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Convention enters…
Overview
The Crimes (Internationally Protected Persons) Act 1976 was enacted to provide for the prevention and punishment of crimes against internationally protected persons, including diplomatic agents, in accordance with the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The Act was passed by the Australian Parliament and received Royal Assent on 28 February 1977. The policy objective of this Act is to ensure that crimes against internationally protected persons, such as Heads of State, government officials, and diplomatic agents, are effectively addressed and prosecuted, thereby maintaining international peace and cooperation among states. The Act extends to Australian territories and applies extraterritorially to protect internationally protected persons and their premises, means of transport, and property. It also facilitates the extradition of offenders and the provision of evidence in legal proceedings related to these crimes.
Scope and Application
The Crimes (Internationally Protected Persons) Act 1976 is an Australian federal statute that provides for the prevention and punishment of crimes against internationally protected persons, including diplomatic agents. The Act applies to offences committed against internationally protected persons, which are defined to include Heads of State, government officials, representatives of intergovernmental organisations, and their family members, among others. The Act applies extraterritorially to acts committed outside Australia, irrespective of the nationality of the perpetrator or victim, and extends to the Australian territories. Prosecutions for offences under the Act must be consented to by the Attorney-General or an authorised officer, and the Act allows for the possibility of taking offenders into custody and the issuance of warrants for their apprehension. The Act also provides for the admissibility of certain certificates in proceedings, and specifies the jurisdiction of courts to hear cases under the Act. The Act's provisions do not exclude or limit the operation of other laws, and certain offences under the Act are deemed to be offences under the Criminal Code. The Act includes provisions for the extradition of alleged offenders and the cooperation between States Parties in the prevention and punishment of crimes against internationally protected persons.
Key Provisions
- The Crimes (Internationally Protected Persons) Act 1976, as amended, sets out the legal framework for preventing and punishing crimes against internationally protected persons. The Act provides for the definition of such persons, the establishment of jurisdiction, and the imposition of penalties for various offenses. Under Section 8, the Act defines offenses such as murder, kidnapping, attacks on the person or liberty of an internationally protected person, and destruction or damage of premises or property. These offenses carry significant penalties, including imprisonment for life in cases of murder or kidnapping. Section 10 limits the Act’s jurisdiction to offenses committed in Australia, on Australian ships or aircraft, or by individuals found in Australia after the Convention enters into force for Australia. The Act also mandates that prosecution for offenses must be on indictment and requires the consent of the Attorney-General for proceedings to commence. Additionally, the Act provides for the issuance of certificates by the Foreign Affairs Minister regarding the Convention’s status and the status of individuals as internationally protected persons.
- The Act imposes obligations on parties and entities by requiring the establishment of jurisdiction over crimes committed against internationally protected persons and ensuring fair treatment during criminal proceedings. It also mandates cooperation among State Parties for the prevention of crimes and the provision of mutual assistance in criminal proceedings. Failure to comply with these obligations may result in legal consequences. Section 8 outlines various penalties for offenses, including imprisonment for life for murder or kidnapping, and up to 25 years for intentional destruction or damage with intent to endanger life. Additionally, Section 8(4) imposes a penalty of up to 7 years for threats to commit any of the specified offenses. The Act also includes provisions for taking offenders into custody, the admissibility of certain certificates in court, and the jurisdiction of courts.
- The Act imposes civil and criminal consequences for breaches, with maximum penalties stated for specific offenses. For example, offenses such as murder or kidnapping carry a maximum penalty of imprisonment for life, while other attacks or threats carry penalties ranging from 7 to 25 years, depending on the severity and intent of the offense. The Act ensures that individuals found guilty of these offenses are subject to appropriate legal action and penalties, thereby deterring potential offenders and upholding the protection of internationally protected persons.
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Commencement Provisions
- Extraterritorial Application
- Enforcement Powers
- Liability to prosecution
