Crimes Act 1914
No. 12, 1914
Compilation No. 166
Compilation date: 4 June 2026
Includes amendments: Act No. 75, 2025
This compilation is in 3 volumes
Volume 1: | Part I to Part IA sections 1 to 15F |
Volume 2: | Part IAB to Part IC sections 15G to 23W |
Volume 3: | Part ID to Part VIII sections 23WA to 91 Schedule Endnotes |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 4 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part I—Preliminary
1 Short title
3 Interpretation
3AA State offences that have a federal aspect
3A Operation of Act
3B Arrangements with States, Australian Capital Territory and Northern Territory
3BA Application of the Criminal Code
Part IAA—Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
Division 1—Preliminary
3C Interpretation
3CAA Account‑based data
3CA Nature of functions of magistrate
3D Application of Part
Division 2—Search warrants
3E When search warrants can be issued
3F The things authorised by a search warrant—general
3FA The things authorised by a search warrant—additional things for digital assets
3G Availability of assistance and use of force in executing a warrant
3H Details of warrant to be given to occupier etc.
3J Specific powers available to constables executing warrant
3JA Extension of time to re‑enter premises in emergency situations
3K Use…
Overview
The Crimes Act 1914 was enacted to consolidate and codify offences against the Commonwealth and its laws, and to establish a comprehensive framework for the investigation, prosecution, and punishment of criminal activities that occur within Australia and its territories. This Act addresses the need for a unified set of laws to govern criminal conduct, ensuring that the enforcement of federal criminal law is consistent and effective across the nation. Enacted by the Australian Parliament, the Act provides the foundational principles and rules for criminal proceedings, including definitions of key terms, the establishment of penalties, and the procedures for the administration of justice. Its overarching policy objective is to maintain public safety, uphold the rule of law, and provide a clear legal basis for prosecuting crimes that fall under federal jurisdiction, thereby ensuring that the Commonwealth can effectively address criminal activities that have a national or international impact.
Scope and Application
The Crimes Act 1914 applies throughout the whole of the Commonwealth and the Territories, and also extends beyond the Commonwealth and the Territories. The Act applies to individuals, entities, and various industries, primarily focusing on offences against the Commonwealth, including terrorism offences, child sexual abuse offences, and other serious crimes. It also covers the conduct and transactions that constitute these offences. The Act can be enforced by Australian Federal Police, state police forces, and other authorised law enforcement officers. The Act does not exclude the concurrent operation of other laws, including state and territory laws, in relation to certain offences. However, it does not extend to the exercise of powers under the Defence Force Discipline Act 1982. The application of the Act is not limited by any stated exclusions or thresholds, but it may be restricted through subordinate instruments. The Act includes provisions for the delegation of powers and functions to certain officers, and it also specifies that it does not affect the law relating to legal professional privilege, except where expressly provided otherwise.
Key Provisions
- The Crimes Act 1914 governs offences against the Commonwealth of Australia and provides the legal framework for law enforcement agencies to investigate, prosecute, and punish criminal activity. The Act includes provisions for search warrants, arrest powers, and the use of force. Section 3E of the Act allows an issuing officer to issue a search warrant to search for evidential material related to an offence. Section 3F details the things that can be authorised by a search warrant, including the seizure of items relevant to an indictable offence or serious terrorism offence. Section 3G allows the use of reasonable force during the execution of a search warrant, while section 3H restricts personal searches to ordinary searches or frisk searches, and prohibits strip searches and searches of body cavities. Section 3J requires the occupier of premises to be present during a search, and section 3P mandates that a constable must provide a receipt for any items seized under a warrant.
- The Act imposes obligations on law enforcement officers, such as the requirement to provide information to the occupier of premises before entering under a search warrant (section 3LB), and to provide a copy of the warrant to the occupier (section 3N). Section 3R allows a constable to apply for a warrant by telephone or other electronic means in urgent cases or where delay would frustrate the effective execution of the warrant. Section 3S requires a constable to announce their authority before entering premises to execute a warrant.
- Breaches of the Act can lead to criminal or civil penalties. For instance, section 3ZT imposes a penalty of imprisonment for 2 years or 300 penalty units, or both, for making false statements in a warrant application. Section 3ZZS imposes a penalty of imprisonment for 6 months for failing to comply with a requirement to provide information or assistance under a monitoring power. Section 3ZZT imposes a penalty of imprisonment for 2 years for making false statements in a warrant application or for executing a warrant that was not issued. Section 3ZZU imposes a penalty of imprisonment for 2 years for failing to comply with a requirement to provide information or assistance under a search warrant or for seizing a digital asset under a warrant without reasonable grounds. Section 3ZZV imposes a penalty of imprisonment for 10 years or 600 penalty units, or both, for contravening an assistance order under Part IAAC. Section 3ZZVH imposes a penalty of imprisonment for 2 years or 300 penalty units, or both, for using or disclosing protected information obtained under an account takeover warrant. Section 3ZZVJ imposes a penalty of imprisonment for 6 months for refusing or failing to provide information or attend an inspection under this Part.
- Area of Law
- Criminal Law
- National Security Law
- Terrorism Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegated & Subordinate Legislation
- Enforcement Powers
- Exemptions & Exclusions
- Offence Provisions
- Prohibited Conduct
- Regulatory Standards
- Search & Seizure