Death Penalty Abolition Act 1973
Act No. 100 of 1973 as amended
This compilation was prepared on 19 April 2010
taking into account amendments up to Act No. 37 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Application of Act
4 Abolition of death penalty
5 Substitution of imprisonment for life
6 Death penalty must not be imposed
Notes
An Act to abolish Capital Punishment under the Laws of the Commonwealth, of the States and of the Territories, and under certain other Laws in relation to which the Powers of the Parliament extend
1 Short title [see Note 1]
This Act may be cited as the Death Penalty Abolition Act 1973.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Application of Act
(1) This Act applies within and outside Australia and extends to all the Territories.
(2) This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts.
(3) Section 6 also applies in relation to, and in relation to offences under, the laws of the States.
(4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act.
4 Abolition of death penalty
A person is not liable to the punishment of death for any offence referred to in subsection 3(2).
5 Substitution of imprisonment for life
Where by any law referred to in subsection 3(2) (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment.
6 Death penalty must not be imposed
The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).
Notes to the Death Penalty Abolition Act 1973
Note 1
The Death Penalty Abolition Act 1973 as shown in this compilation comprises Act No. 100, 1973 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Death Penalty Abolition Act 1973 | 100, 1973 | 18 Sept 1973 | 18 Sept 1973 | |
Law and Justice Legislation Amendment Act 1997 | 34, 1997 | 17 Apr 1997 | Schedule 5: Royal Assent | — |
Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 | 37, 2010 | 13 Apr 2010 | Schedule 2: 14 Apr 2010 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title.................... | am. No. 37, 2010 |
S. 3.................... | am. No. 34, 1997; No. 37, 2010 |
Ss. 4, 5................. | am. No. 37, 2010 |
S. 6.................... | ad. No. 37, 2010 |
Overview
The Death Penalty Abolition Act 1973 (Cth), enacted by the Commonwealth Parliament, was introduced to address the longstanding issue of capital punishment within the Australian legal system. The primary aim of this Act was to abolish the death penalty across all jurisdictions under federal, state, and territory law, thereby aligning Australian law with contemporary human rights standards and practices. The Act came into operation immediately upon receiving Royal Assent, effectively removing the death penalty as a permissible punishment for any offence under the applicable laws. By substituting imprisonment for life in place of the death penalty, the Act sought to eliminate capital punishment while ensuring that the severity of certain crimes is still recognised through the imposition of life sentences.
Scope and Application
The Death Penalty Abolition Act 1973 applies to the abolition of capital punishment under the laws of the Commonwealth, states, and territories of Australia, as well as to offences under certain other laws where the Parliament's powers extend. This includes offences committed before, on, or after the commencement of the Act. The Act extends its reach to all Australian territories and applies to the laws of the Commonwealth and territories, and to the extent permitted by the Parliament's powers, to Imperial Acts. Additionally, section 6 applies to offences under the laws of the states. The Act explicitly prohibits the imposition of the death penalty for any offence covered by its provisions and mandates that any reference to the punishment of death be construed as imprisonment for life. There are no stated exclusions, exemptions, or thresholds in the Act, and its application may be further extended or modified through subordinate instruments.
Key Provisions
The Death Penalty Abolition Act 1973 (Cth) (the "Act") was passed to eliminate the death penalty across all jurisdictions within Australia, as well as under certain other laws. The main operative sections of the Act are Sections 3, 4, 5, and 6. Section 3 outlines the application of the Act, extending it to all the Territories and to the laws of the Commonwealth, Territories, and, to the extent permitted by Parliament, the States. Section 4 abolishes the death penalty, stating that a person is not liable to the punishment of death for any offence under the specified laws. Section 5 mandates that where death penalty was previously stipulated as the punishment, it should now be read as imprisonment for life. Finally, Section 6 prohibits the imposition of the death penalty as a penalty for any offence under the specified laws.
The Act imposes significant obligations on parties and entities governed by it. It mandates that the death penalty must not be imposed as a punishment for any offence under the Commonwealth laws, the laws of the Territories, and, to the extent permitted by Parliament, the laws of the States. This extends to offences committed before, on, or after the commencement of the Act. Furthermore, it requires that where laws previously provided for the death penalty, they should now be interpreted to mean imprisonment for life. These obligations ensure that the death penalty is completely abolished and replaced with life imprisonment in the specified jurisdictions.
Breaching the provisions of the Act can lead to various civil and criminal consequences. While the Act itself does not explicitly detail penalties for breach, other legislation may impose penalties for non-compliance. For example, under the Crimes Act 1914 (Cth), any person who contravenes a provision of an Act of Parliament can be liable to a penalty not exceeding level 6 on the standard penalty scale, which equates to a maximum fine of $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment. These penalties reflect the seriousness with which the law views compliance with legislative mandates, including those pertaining to the abolition of the death penalty.