Crimes Act 1973

Overview

The Crimes Act 1973, enacted by the Queen, the Senate, and the House of Representatives of Australia, serves as an amendment to the Crimes Act 1914–1966, specifically addressing the deportation of individuals from Australia. This legislation was introduced to tackle the problem of deporting non-Australian-born individuals involved in criminal activities. The Act refines the legal framework by amending sections related to advocating or inciting to crime, industrial disturbances, lock-outs, and strikes, while repealing certain sections that had become outdated or redundant. The objective of this amendment is to streamline and modernise the existing legal provisions, ensuring they align with contemporary needs and standards in criminal law. The formal amendments include the conversion of section numbers from words to figures and the removal of repetitive phrases to enhance readability and enforceability.

Scope and Application

The Crimes Act 1973 is a Commonwealth Act that amends the Crimes Act 1914–1966 to make specific changes regarding the deportation of persons from Australia. The Act applies to individuals who commit certain criminal offences, including advocating or inciting to commit a crime and participating in industrial disturbances, lock-outs, and strikes. It is applicable across Australia and extends to all persons, regardless of their place of birth, who are subject to the provisions of the Act. The Act provides for the deportation of non-Australian citizens who commit these offences and are sentenced to imprisonment for a term of 12 months or more. However, the Act excludes Australian citizens and permanent residents from the deportation provisions. The Act also includes formal amendments to various sections of the Principal Act to improve clarity and consistency. The application and enforcement of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.

Key Provisions

The main operative sections of the Crimes Act 1973 (C1973A00033) include amendments to the Principal Act (the Crimes Act 1914–1966) as well as the introduction of specific provisions concerning the deportation of non-Australian born individuals. Section 4 of the Act amends section 30c of the Principal Act by removing certain clauses that pertain to deportation by order of the Attorney-General, while section 5 similarly amends section 30j of the Principal Act by omitting references to deportation. Section 6 repeals various sections (30l, 30m, 30n, 30p, 30q, and 91) of the Principal Act, effectively removing these provisions from the legislative framework. The Act imposes certain obligations and requirements on the parties or entities it governs. The formal amendments detailed in the schedule are aimed at streamlining the language and improving the clarity of the Principal Act. This includes the conversion of section numbers expressed in words to those expressed in figures (Schedule, section 1) and the removal of redundant phrases such as “of this Act” and “of this section” (Schedule, section 2). These changes are intended to make the Act more user-friendly and less prone to misinterpretation. In terms of offences, penalties, or civil/criminal consequences for breach, the Act itself does not explicitly outline penalties for non-compliance with its provisions. However, the repealed sections (30l, 30m, 30n, 30p, 30q, and 91) of the Principal Act previously contained provisions related to deportation, which would have carried significant legal consequences for non-compliance. The maximum penalties for breaches of these provisions would have been determined by the specific repealed sections, but as these sections are no longer in effect, the relevant penalties would now need to be sought from the Principal Act or any other applicable legislation.