Criminal Code Amendment (Offences Against Australians) Act 2002

Administered by Attorney-General's Department

Legislation au C2004A01043 In force Act

Legislation content

 

 

 

 

 

Criminal Code Amendment (Offences Against Australians) Act 2002

 

No. 106, 2002

 

 

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments

Criminal Code Act 1995

 

 

Criminal Code Amendment (Offences Against Australians) Act 2002

No. 106, 2002

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 14 November 2002]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Criminal Code Amendment (Offences Against Australians) Act 2002.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

14 November 2002

2.  Schedule 1

1 October 2002

1 October 2002

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Criminal Code Act 1995

1  The Schedule (at the end of Chapter 5 of the Criminal Code)

Add:

Part 5.4—Harming Australians

Division 104—Harming Australians

104.1  Murder of an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:

 (a) the person engages in conduct outside Australia; and

 (b) the conduct causes the death of another person; and

 (c) the other person is an Australian citizen or a resident of Australia; and

 (d) the first‑mentioned person intends to cause, or is reckless as to causing, the death of the Australian citizen or resident of Australia or any other person by the conduct.

Penalty: Imprisonment for life.

 (2) Absolute liability applies to paragraph (1)(c).

104.2  Manslaughter of an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:

 (a) the person engages in conduct outside Australia; and

 (b) the conduct causes the death of another person; and

 (c) the other person is an Australian citizen or a resident of Australia; and

 (d) the first‑mentioned person intends that the conduct will cause serious harm, or is reckless as to a risk that the conduct will cause serious harm, to the Australian citizen or resident of Australia or any other person.

Penalty: Imprisonment for 25 years.

 (2) Absolute liability applies to paragraphs (1)(b) and (c).

104.3  Intentionally causing serious harm to an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:

 (a) the person engages in conduct outside Australia; and

 (b) the conduct causes serious harm to another person; and

 (c) the other person is an Australian citizen or a resident of Australia; and

 (d) the first‑mentioned person intends to cause serious harm to the Australian citizen or resident of Australia or any other person by the conduct.

Penalty: Imprisonment for 20 years.

 (2) Absolute liability applies to paragraph (1)(c).

104.4  Recklessly causing serious harm to an Australian citizen or a resident of Australia

 (1) A person is guilty of an offence if:

 (a) the person engages in conduct outside Australia; and

 (b) the conduct causes serious harm to another person; and

 (c) the other person is an Australian citizen or a resident of Australia; and

 (d) the first‑mentioned person is reckless as to causing serious harm to the Australian citizen or resident of Australia or any other person by the conduct.

Penalty: Imprisonment for 15 years.

 (2) Absolute liability applies to paragraph (1)(c).

104.5  Saving of other laws

  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

104.6  Bringing proceedings under this Division

 (1) Proceedings for an offence under this Division must not be commenced without the Attorney‑General’s written consent.

 (2) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.

104.7  Ministerial certificates relating to proceedings

 (1) A Minister who administers one or more of the following Acts:

 (a) the Australian Citizenship Act 1948;

 (b) the Migration Act 1958;

 (c) the Passports Act 1938;

may issue a certificate stating that a person is or was an Australian citizen or a resident of Australia at a particular time.

 (2) In any proceedings, a certificate under this section is prima facie evidence of the matters in the certificate.

104.8  Geographical jurisdiction

  Each offence against this Division applies:

 (a) whether or not a result of the conduct constituting the alleged offence occurs in Australia; and

 (b) if the alleged offence is an ancillary offence and the conduct to which the ancillary offence relates occurs outside Australia—whether or not the conduct constituting the ancillary offence occurs in Australia.

104.9  Meaning of causes death or harm

  In this Division, a person’s conduct causes death or harm if it substantially contributes to the death or harm.

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 November 2002

(235/02)


Senate on 13 November 2002]

 

Overview

The Criminal Code Amendment (Offences Against Australians) Act 2002 was enacted by the Parliament of Australia to address the gap in the criminal law concerning offences committed against Australians by Australians while outside the country. This legislation amends the Criminal Code Act 1995 to introduce specific provisions that criminalise certain acts committed abroad by Australians against other Australians. The policy objective of the Act is to ensure that Australians who commit serious crimes against fellow Australians outside the country can still be held accountable under Australian law, thereby extending the reach of the criminal justice system beyond the geographical boundaries of Australia. The Act introduces offences such as murder, manslaughter, and causing serious harm to Australian citizens or residents outside Australia, with penalties ranging from imprisonment for life to 25 years and 20 years, respectively. It also establishes mechanisms for ministerial certification of citizenship or residency and outlines jurisdictional and procedural considerations for prosecuting such offences.

Scope and Application

The Criminal Code Amendment (Offences Against Australians) Act 2002 amends the Criminal Code Act 1995 by introducing specific provisions to address offences against Australian citizens and residents committed outside Australia. The Act applies to individuals who engage in conduct outside Australia that results in the death or serious harm of another person, who is an Australian citizen or resident. The Act specifies that certain offences, including murder, manslaughter, and causing serious harm, can be prosecuted under Australian law regardless of where the conduct occurred, as long as the victim is an Australian citizen or resident. The Act also introduces absolute liability for certain elements of these offences, meaning that certain facts must be proven without the need to prove the intent or recklessness of the accused. The Act’s jurisdiction extends to allow prosecution for offences that occur outside Australia, with provisions for ministerial certificates to establish the citizenship or residency status of victims. It is important to note that the Act does not exclude or limit the operation of other Commonwealth, State, or Territory laws. The Act also specifies that proceedings for these offences cannot be commenced without the Attorney-General’s written consent, although arrest and other pre-trial processes can proceed in the interim.

Key Provisions

The key provisions of the Criminal Code Amendment (Offences Against Australians) Act 2002 primarily revolve around creating new offences pertaining to the harm caused to Australian citizens or residents by conduct occurring outside Australia. Section 104.1 creates an offence of murder of an Australian citizen or resident, where the person must engage in conduct outside Australia that causes the death of another person, who is an Australian citizen or resident, with intent to cause death or being reckless as to causing death. Section 104.2 pertains to manslaughter of an Australian citizen or resident, where the person must have the intent to cause serious harm or be reckless as to causing serious harm through conduct outside Australia. Section 104.3 addresses intentionally causing serious harm to an Australian citizen or resident outside Australia, while Section 104.4 pertains to recklessly causing serious harm to an Australian citizen or resident outside Australia. The Act imposes obligations on individuals to refrain from engaging in conduct outside Australia that causes death or serious harm to Australian citizens or residents. It also mandates that proceedings for these offences can only commence with the Attorney-General’s written consent, although arrest, charging, remand, or bail may occur prior to such consent. Furthermore, the Act provides that a Minister administering certain specified Acts can issue certificates to establish that a person is or was an Australian citizen or resident at a particular time, which certificates are considered prima facie evidence in any proceedings. Additionally, it clarifies the geographical jurisdiction of these offences, stating that they apply regardless of where the conduct or its result occurs. Offences under this Act carry significant penalties. Section 104.1 prescribes imprisonment for life for murder, Section 104.2 prescribes imprisonment for 25 years for manslaughter, Section 104.3 prescribes imprisonment for 20 years for intentionally causing serious harm, and Section 104.4 prescribes imprisonment for 15 years for recklessly causing serious harm. Absolute liability is applicable to specific elements of the offences, particularly regarding the victim’s status as an Australian citizen or resident. The Act ensures that its provisions do not exclude or limit the operation of other laws, thereby preserving the integrity of other legal frameworks.

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Extraterritorial Application

Interactions

Authorises

All Versions

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.