Crimes Amendment Act 1995

Administered by Attorney-General's Department

Legislation au C2004A04867 Not in force Act

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No. 11 of 1995

An Act to amend the Crimes Act 1914

[Assented to 15 March 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Crimes Amendment Act 1995.

(2) In this Act, "Principal Act" means the Crimes Act 19141.

Commencement

2.(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Substitution of section

3. Section 4 of the Principal Act is repealed and the following section is substituted:

Application of the common law

"4.(1) Subject to this Act and any other Act, the principles of the common law with respect to criminal liability apply in relation to offences against laws of the Commonwealth.

"(2) This section has effect despite section 80 of the Judiciary Act 1903.".

Insertion of new sections

4. After section 4L of the Principal Act the following sections are inserted:

Children under 10

"4M. A child under 10 years old cannot be liable for an offence against a law of the Commonwealth.

Children over 10 but under 14

"4N.(1) A child aged 10 years or more but under 14 years old can only be liable for an offence against a law of the Commonwealth if the child knows that his or her conduct is wrong.

"(2) The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution.".

Attempt

5. Section 7 of the Principal Act is amended by adding at the end the following subsections:

"(2) For the person to be guilty, the person's conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.

"(3) A person may be found guilty even if:

(a) committing the attempted offence is impossible; or

(b) the person actually committed the attempted offence.

"(4) A person who is found guilty of attempting to commit an offence cannot be subsequently charged with the completed offence.

"(5) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of attempting to commit that offence.

"(6) It is not an offence to attempt to commit an offence against section 5 or 7B.".

Persons already subject to a non-parole period

6. Section 19AD of the Principal Act is amended by omitting from paragraph (3)(a) "superceded" and substituting "superseded".

Persons already subject to recognizance release order

7. Section 19AE of the Principal Act is amended by omitting from paragraphs (3)(a) and (4)(a) "superceded" and substituting "superseded".

Repeal of sections 86 and 86A and substitution of new section

8. Sections 86 and 86A of the Principal Act are repealed and the following section is substituted:

Conspiracy

"86.(1) A person who conspires with another person to commit an offence against a law of the Commonwealth punishable by imprisonment for more than 12 months, or by a fine of 200 penalty units or more, is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.

"(2) Despite subsection (1), if the person conspires with another person to commit an offence against section 29D of this Act, the conspiracy is punishable by a fine not exceeding 2,000 penalty units, or imprisonment for a period not exceeding 20 years, or both.

Note: Penalty units are defined in section 4AA.

"(3) For the person to be guilty:

(a) the person must have entered into an agreement with one or more other persons; and

(b) the person and at least one other party to the agreement must have intended that an offence would be committed pursuant to the agreement; and

"(4) A person may be found guilty of conspiracy to commit an offence even if:

(a) committing the offence is impossible; or

(b) the only other party to the agreement is a body corporate; or

(i) a person who is not criminally responsible;

(ii) a person for whose benefit or protection the offence exists; or

(d) subject to paragraph (5)(a), all other parties to the agreement have been acquitted of the conspiracy.

"(5) A person cannot be found guilty of conspiracy to commit an offence if:

(a) all other parties to the agreement have been acquitted of the conspiracy and a finding of guilt would be inconsistent with their acquittal; or

(b) he or she is a person for whose benefit or protection the offence exists.

"(6) A person cannot be found guilty of conspiracy to commit an offence if, before the commission of an overt act pursuant to the agreement, the person:

(a) withdrew from the agreement; and

(b) took all reasonable steps to prevent the commission of the offence.

"(7) A court may dismiss a charge of conspiracy if it thinks that the interests of justice require it to do so.

"(8) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.

"(9) Proceedings for an offence of conspiracy must not be commenced without the consent of the Director of Public Prosecutions. However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, an offence of conspiracy before the necessary consent has been given.

"(10) In any law of the Commonwealth:

(a) a reference to paragraph 86(1)(a) of this Act is taken to be a reference to subsection (1) of this section; and

(b) a reference to the application of subsection (1) of this section because of or by virtue of paragraph 86(1)(a) of this Act is taken to be a reference to subsection (1) of this section; and

NOTE

1. No. 12, 1914, as amended. For previous amendments, see No. 6, 1915 (as amended by No. 54, 1920); No. 54, 1920; No. 9, 1926; No. 13, 1928; No. 30, 1932; No. 5, 1937; No. 6, 1941; No. 77, 1946; No. 80, 1950; No. 10, 1955; No. 11, 1959; No. 84, 1960; No. 93, 1966; Nos. 33 and 216, 1973; No. 56, 1975; No. 37, 1976; Nos. 19 and 155, 1979; No. 70, 1980; No. 122, 1981 (as amended by No. 193, 1985); Nos. 67 (as amended by No. 193, 1985), 80 and 153, 1982; Nos. 91, 114 and 136, 1983; Nos. 10, 63 and 165, 1984; No. 193, 1985; Nos. 76, 102 and 168, 1986; Nos. 73, 120 and 141, 1987; Nos. 63 and 108, 1989; Nos. 4, 11 and 75, 1990; Nos. 28, 59, 99 (as amended by No. 145, 1991), 120, 123, 140 and 145, 1991; No. 164, 1992; No. 98, 1993; and Nos. 65, 105, 141 and 142, 1994.

[Minister's second reading speech made in—

Senate on 30 June 1994

House of Representatives on 1 March 1995]

Overview

The Crimes Amendment Act 1995, enacted by the Parliament of Australia, aims to amend the Crimes Act 1914 by addressing various gaps in the criminal law framework. This Act introduces several significant changes, including the substitution of section 4 to reaffirm the application of common law principles regarding criminal liability, alongside amendments to clarify the age of criminal responsibility and the criteria for attempting an offence. The Act also revises the rules around conspiracy, ensuring that conspiracy to commit serious offences is punishable with appropriate penalties, and introduces procedural safeguards. By updating and clarifying these aspects of criminal law, the Act seeks to enhance the effectiveness and fairness of the criminal justice system in Australia.

Scope and Application

The Crimes Amendment Act 1995 applies to individuals and entities within the jurisdiction of the Commonwealth of Australia, focusing on criminal liability under Commonwealth laws. This Act amends the Crimes Act 1914, particularly concerning the principles of common law as they relate to criminal liability for Commonwealth offences. It introduces significant changes regarding the liability of children, defining that children under 10 years of age cannot be held liable for any offence, while those aged 10 to 14 can only be liable if they understand that their conduct is wrong. The Act also redefines the concept of attempting an offence, clarifying the threshold for conduct to be considered more than merely preparatory, and sets out the implications of being found guilty of an attempt. Additionally, the Act revises the rules around conspiracy, specifying that a person must have entered into an agreement with intent and committed an overt act for a conspiracy to be established. It also stipulates the penalties for conspiracy to commit an offence and the circumstances under which a person may be found guilty or not guilty of conspiracy. The Act’s provisions apply nationally, with its amendments extending to the entire Commonwealth, thereby ensuring a uniform approach to criminal liability across Australia.

Key Provisions

The Crimes Amendment Act 1995 (Act) amends the Crimes Act 1914 (Principal Act). The key sections of the Act include the substitution of section 4, which applies the principles of common law to criminal liability for Commonwealth offences (s. 3). It also inserts new sections 4M and 4N, which provide that children under 10 cannot be liable for any offence and that children aged 10 or over but under 14 can only be liable if they know their conduct is wrong (s. 4). The Act further amends section 7 to clarify the requirements for a person to be guilty of attempting to commit an offence, including that the conduct must be more than merely preparatory and that the person cannot be charged with the completed offence if found guilty of the attempt (s. 5). Additionally, it amends sections 19AD and 19AE by correcting the spelling of "superceded" to "superseded" (ss. 6 and 7). The Act imposes several obligations and requirements on the parties or entities it governs. It mandates that the principles of common law apply to criminal liability for Commonwealth offences, ensuring that these principles are considered in determining liability (s. 3). The Act also specifies that children under 10 are not liable for any offences, while children aged 10 or over but under 14 can only be liable if they know their conduct is wrong, placing the burden of proof on the prosecution to establish this knowledge (ss. 4M and 4N). Furthermore, it sets out detailed requirements for the offence of attempting to commit an offence, including the necessity for conduct to go beyond mere preparation and the prohibition against subsequent charges for the completed offence if found guilty of the attempt (s. 5). The Act also establishes offences, penalties, and consequences for breach. For example, the offence of conspiracy to commit an offence punishable by imprisonment for more than 12 months or a fine of 200 penalty units or more is created, with severe penalties including fines up to 2,000 penalty units or imprisonment for up to 20 years, or both (s. 86). The Act stipulates that a person cannot be found guilty of conspiracy if they withdrew from the agreement and took all reasonable steps to prevent the offence, and it allows courts to dismiss conspiracy charges if it believes the interests of justice require it (s. 86(6) and (7)). Moreover, it mandates that proceedings for conspiracy offences must not be commenced without the consent of the Director of Public Prosecutions, although arrests and charges can be made before this consent is obtained (s. 86(9)).

Area of Law: Criminal Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Regulatory Standards

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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.

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