Crimes Legislation Amendment Act 1987

Administered by Attorney-General's Department

Legislation au C2004A03529 Not in force Act

Legislation content

Crimes Legislation Amendment Act 1987

No. 120 of 1987

TABLE of provisions

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958

3. Principal Act

4. Interpretation

5. Insertion of new sections:

11aaa. Minister may make arrangements with States

11aa. Supreme Court may sit in a State

6. Jurisdiction etc. of the Supreme Court

7. Insertion of new sections:

12a. Juries outside the Territory

12b. Offences in relation to jurors

8. Insertion of new sections:

18a. Removal of accused to State to stand trial

18b. Accused to be conveyed to Court

18c. Return of accused to Territory

18d. Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923

18e. Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923

18f. Repatriation of person tried in a State

9. Regulations


TABLE OF PROVISIONS—continued

Section

PART III—AMENDMENTS OF THE CRIMES ACT 1914

10. Principal Act

11. Insertion of new sections:

4a. Meaning of certain words

4b. Pecuniary penalties—natural persons and bodies corporate

4c. Offences under 2 or more laws

4d. Penalties

4e. Pecuniary penalties

4f. Effect of alterations in penalties

4g. Indictable offences

4h. Summary offences

4j. Certain indictable offences may be dealt with summarily 4k. Continuing and multiple offences

12. Arrest without warrant for suspected offences

13. Search warrant

14. Repeal of sections 11, 12, 12a and 16

15. Destroying or damaging Commonwealth property

16. Aiding prisoner to escape

17. Repeal of sections 47 and 48 and substitution of new sections:

47. Escaping

47a. Rescuing a prisoner from custody etc.

47b. Person unlawfully at large

47c. Permitting escape

48. Harbouring etc. an escapee

18. Other amendments

PART IV—AMENDMENTS OF THE CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978

19. Principal Act

20. Long title

21. Interpretation

22. Incursions into foreign States for purpose of engaging in hostile activities

23. Preparations for incursions into foreign States for purpose of engaging in hostile activities

24. Recruiting persons to serve in or with an armed force in a foreign State

25. Insertion of new section:

11. Certificates of Ministers

26. Other amendments

PART V—AMENDMENTS OF THE CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976

27. Principal Act

28. Offences

29. Other amendments

PART VI—AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

30. Principal Act

31. Insertion of new section:

16a. Provisions relating to the Fitzgerald inquiry

PART VII—AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953

32. Principal Act

33. Provision of taxation information to National Crime Authority


TABLE OF PROVISIONS—continued

Section

PART VIII—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987

34. Principal Act

35. Interpretation

36. Forfeiture of all restrained property if person convicted of serious offence

37.

Overview

The Crimes Legislation Amendment Act 1987 was enacted to amend various pieces of legislation related to crime, the trial of certain offences, the confiscation of proceeds of crime, dealing with information obtained by intercepting telecommunications, the Fitzgerald Inquiry, and the transfer of prisoners, among other related purposes. The Act was assented to on 16 December 1987 by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia. This legislation aimed to address gaps in existing laws by updating and refining provisions to better manage and prosecute criminal activities, ensuring that the criminal justice system remains effective and responsive to contemporary challenges.

Scope and Application

The Crimes Legislation Amendment Act 1987 (Cth) amends several Australian federal Acts, primarily those related to criminal law and proceedings. The Act applies to persons and entities involved in criminal activities, including those related to foreign incursions, protected persons, and proceeds of crime. The amendments touch upon the jurisdictional reach of courts, procedures for trials, penalties for various offences, and the handling of information obtained through interceptions. The Act extends to the national level, affecting the entire Commonwealth of Australia, and includes provisions for the transfer of prisoners between states and territories. The Act also provides for the forfeiture of property related to serious crimes, and sets out regulations for search warrants and the handling of seized property. Certain exclusions and thresholds are specified within the text, particularly in relation to the types of offences and the penalties applicable. The Act may be further extended or restricted through subordinate instruments, though specific details are not provided in the text.

Key Provisions

  • The Crimes Legislation Amendment Act 1987 (Cth) makes significant amendments to various Australian criminal laws and procedures. The Act includes amendments to the Christmas Island Act 1958, Crimes Act 1914, Crimes (Foreign Incursions and Recruitment) Act 1978, Crimes (Internationally Protected Persons) Act 1976, Income Tax Assessment Act 1936, Taxation Administration Act 1953, Proceeds of Crime Act 1987, Royal Commissions Act 1902, Telecommunications (Interception) Amendment Act 1987, Telecommunications (Interception) Act 1979, and the Transfer of Prisoners Act 1983.
  • Sections 11aa and 11aaa of the Christmas Island Act 1958 now allow the Supreme Court to sit in a State to exercise its criminal jurisdiction, provided it does not prejudice the interests of justice. Section 12a deals with the jury laws that apply to trials in the Supreme Court when held in a State, aligning them with the State's laws. It also mandates that the Commonwealth pay jurors' fees and allowances. Section 12b criminalises several jury-related offences, such as failing to attend a jury summons or corrupting a juror, with penalties including fines and imprisonment.
  • The Crimes Act 1914 is amended to clarify the definition of "committed for trial" and "indictment" and to allow courts to impose pecuniary penalties on both natural persons and bodies corporate. It also introduces provisions allowing indictable offences to be dealt with summarily in certain circumstances, with limits on the penalties that can be imposed.
  • The Crimes (Foreign Incursions and Recruitment) Act 1978 is updated to align the terminology with the new definition of "foreign State" and imposes severe penalties for entering a foreign State with the intent to engage in hostile activities or for engaging in such activities in a foreign State. It also increases penalties for recruiting persons to serve in or with an armed force in a foreign State.
  • The Crimes (Internationally Protected Persons) Act 1976 increases penalties for damaging the premises or property of internationally protected persons, with higher penalties for acts intended to endanger their lives.
  • The Income Tax Assessment Act 1936 and Taxation Administration Act 1953 are amended to allow the communication of information to the Fitzgerald Inquiry for specified purposes, with strict confidentiality provisions to protect the information.
  • The Proceeds of Crime Act 1987 is amended to provide for the forfeiture of property if a person is convicted of a serious offence, with provisions for the recovery of forfeited property and the issuing of search warrants for tainted property. It also introduces new provisions for restraining orders and the return of seized property.
  • The Royal Commissions Act 1902 includes a provision that makes certain evidence inadmissible in Commonwealth proceedings if it was obtained during an inquiry by Gerald Edward Fitzgerald Q.C.
  • The Telecommunications (Interception) Amendment Act 1987 and Telecommunications (Interception) Act 1979 are amended to allow the communication of certain information to the Fitzgerald Inquiry and law enforcement agencies, with provisions for the use of intercepted information in proceedings.
  • The Transfer of Prisoners Act 1983 is amended to allow for the return of prisoners after they have attended appeals, with provisions for exempt prisoners and the consent of the appropriate Minister.
  • Various offences under the amended Acts carry civil and/or criminal penalties, including fines and imprisonment. For example, offences under the Crimes Act 1914 can result in fines up to $20,000 and imprisonment for up to 14 years, depending on the severity of the offence. Failure to comply with jury-related laws can result in fines of up to $1,000 and imprisonment for up to 6 months. The Act also includes provisions for the indemnification of the Official Trustee against personal liability incurred in the exercise of their powers and duties under the Proceeds of Crime Act 1987.

Legal classification tags

Area of Law
Criminal Law
Procedural Law
Regulatory Law
Instrument
Act
Concepts
Offence Provisions
Repeal & Amendment
Regulatory Standards
Enforcement Powers
Compliance Obligations
Civil Penalty 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.