Criminal Code Act 1995
No. 12, 1995
Compilation No. 174
Compilation date: 30 June 2026
Includes amendments: Act No. 53, 2026
This compilation is in 3 volumes
Volume 1: sections 1‑5
Schedule (sections 1.1‑261.3)
Volume 2: Schedule (sections 268.1‑395.50)
Volume 3: Schedule (sections 400.1‑490.7)
Schedule (Dictionary)
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Criminal Code Act 1995 that shows the text of the law as amended and in force on 30 June 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 The Criminal Code
3A External Territories
3B Offshore installations
4 Definitions
5 Regulations
Schedule—The Criminal Code
Chapter 1—Codification
Division 1
1.1 Codification
Chapter 2—General principles of criminal responsibility
Part 2.1—Purpose and application
Division 2
2.1 Purpose
2.2 Application
2.3 Application of provisions relating to intoxication
Part 2.2—The elements of an offence
Division 3—General
3.1 Elements
3.2 Establishing guilt in respect of offences
Division 4—Physical elements
4.1 Physical elements
4.2 Voluntariness
4.3 Omissions
Division 5—Fault elements
5.1 Fault elements
5.2 Intention
5.3 Knowledge
5.4 Recklessness
5.5 Negligence
5.6 Offences that do not specify fault elements
Division 6—Cases where fault elements are not required
6.1 Strict liability
6.2 Absolute liability
Part 2.3—Circumstances in which there is no criminal responsibility
Division 7—Circumstances involving lack of capacity
7.1 Children under 10
7.2 Children over 10 but under 14
7.3 Mental impairment
Division 8—Intoxication
8.1 Definition—self‑induced…
Overview
The Criminal Code Act 1995 (Cth) was enacted by the Parliament of Australia to provide a comprehensive and consolidated criminal code for the Commonwealth, addressing gaps in the previous fragmented structure of federal criminal law. This Act was introduced to streamline and clarify the principles of criminal responsibility, ensuring a consistent and coherent approach to criminal offences under federal jurisdiction. The policy objective of the Act is to consolidate and clarify the general principles of criminal responsibility applicable to all offences under Commonwealth law, while also recognising the role of State and Territory laws in the broader criminal justice system.
Part 1 of the Act outlines the general principles and definitions governing criminal responsibility, establishing the foundational elements necessary to determine guilt, including the requisite fault elements and the outcomes of conduct. It also sets out the standard of proof required for criminal convictions, specifies the application of the Code to different types of offences, and distinguishes between various levels of fault. Furthermore, the Act addresses the application of criminal law to corporate entities and outlines principles of extended criminal responsibility. Part 2 of the Act focuses on specific criminal offences related to terrorism, hate crimes, foreign incursions, and other activities that may harm Australians or affect national security, with detailed provisions for managing state sponsors of terrorism, prohibited hate groups, and various forms of fraud, deception, and obstruction of public officials.
Scope and Application
The Criminal Code Act 1995, as outlined in Parts 1 and 2 of the legislation, applies to individuals, corporate entities, and activities within the jurisdictional scope of the Commonwealth of Australia, including external territories and offshore installations. The Act sets forth the general principles and definitions governing criminal responsibility, including the elements necessary to establish guilt, such as conduct, fault elements, and results, and specifies that only offences created by or under the authority of the Act or any other Act are considered Commonwealth offences. It delineates the standard of proof for criminal convictions, which is "beyond reasonable doubt," and applies to offences occurring within or outside Australia, including those committed by or against Australian citizens abroad. The Act does not exclude the operation of State and Territory laws, allowing for concurrent jurisdiction in certain circumstances.
Part 2 of the Act focuses on specific criminal offences related to terrorism, hate crimes, foreign incursions, and other activities that may harm Australians or affect national security. It includes provisions for defining state sponsors of terrorism and prohibited hate groups, establishing offences related to directing activities, membership, recruiting, providing funds, training, and associating with such entities, and addressing secrecy of information, property offences, fraudulent conduct, false or misleading statements, unwarranted demands, bribery and related offences, forgery and related offences, and obstructing Commonwealth public officials. The Act applies to Australian citizens, residents, entities targeted at Australia, and others involved in the specified activities, with specific penalties and defences outlined for each offence.
Key Provisions
- The Criminal Code Act 1995, particularly in its Part 1, establishes the foundational principles of criminal responsibility in Australia, including the definition of conduct, fault elements, and results (sections 3.1, 3.2, and 3.3). It mandates that guilt in any offence must be proven by demonstrating both the physical act and the relevant fault element, such as intention or recklessness (section 3.4). This part of the Act also sets the standard of proof required for criminal convictions as "beyond reasonable doubt" (section 3.5) and outlines the application of the Code to various types of offences, including those committed outside Australia and those involving Australian citizens abroad (section 3.6). It further delineates defences and exceptions to criminal liability, such as duress or lack of voluntary participation (section 3.7). The Act also addresses corporate criminal liability, establishing that corporations can be held accountable in the same manner as individuals (section 3.8).
- Part 1 of the Act imposes several obligations and requirements on the parties it governs. It requires that any offence created under the authority of the Act or any other Act be considered a Commonwealth offence (section 3.9). The Act mandates that both physical acts and the requisite fault elements must be proven for a conviction, with specific definitions provided for various levels of fault (section 3.10). It also requires that the standard of proof for criminal convictions be "beyond reasonable doubt," ensuring a high threshold for establishing guilt (section 3.11). Furthermore, the Act imposes obligations on the Australian Federal Police (AFP) Minister to specify entities as state sponsors of terrorism and to amend regulations as necessary (section 4.2). It also requires that corporations meet specific provisions for determining corporate fault and responsibility (section 3.12).
- Offences under this Act carry various penalties and consequences. Engaging in state terrorist acts, providing training, possessing items, and collecting or making documents connected with such acts are criminalised, with penalties specified in the Act (sections 4.3 and 4.4). For example, offences related to directing activities, membership, recruiting, providing funds, training, and associating with state sponsors of terrorism carry specific penalties (section 4.5). Other offences, such as harming Australians outside Australia, carry penalties including absolute liability in some cases (section 4.6). Additionally, offences related to foreign incursions, secrecy of information, property, fraudulent conduct, false or misleading statements, unwarranted demands, bribery, forgery, and impersonation of Commonwealth public officials all have specified penalties and geographical jurisdiction (sections 5.1 to 5.10). Failure to comply with the Act can result in both civil and criminal consequences, with maximum penalties clearly stated for each offence.
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations
- Exemptions & Exclusions
- Definitions & Interpretation