Crimes Act 1914
Encyclopedia
The Crimes Act 1914 is a piece of Federal legislation in Australia. Pursuant to the Australian Constitution it prevails in any conflict with State laws dealing with the subject of crime.
The Commonwealth (or Federal) Government may not intrude upon the authority of the Australian States to legislate with respect to crime affecting their exclusive sphere of constitutional responsibility. For example, it may not legislate criminal penalties for the evasion of State taxes.
The Commonwealth may, however, legislate upon the subject of crime affecting its areas of conjoint (such as with respect to defence) or exclusive (such as with respect to external territories) responsibility.
became apparent when Prime Minister William Hughes
was violently egged and assaulted by an anti-conscription crowd at Warwick, Queensland, in 1917 and the Queensland State Police neglected to step in to protect him.
Thus, there was no federal crimes act for the first 13 years of Federation although certain offences had been defined by earlier legislation.
The Act now contains very few offences: most of these have been moved over to the Criminal Code (Commonwealth), which also outlines the principles of criminal liability under Commonwealth law. The Crimes Act is now relevant principally in procedural matters, and it is envisaged that even these provisions will be moved over to the Criminal Code, with the Act eventually repealed.
The Commonwealth (or Federal) Government may not intrude upon the authority of the Australian States to legislate with respect to crime affecting their exclusive sphere of constitutional responsibility. For example, it may not legislate criminal penalties for the evasion of State taxes.
The Commonwealth may, however, legislate upon the subject of crime affecting its areas of conjoint (such as with respect to defence) or exclusive (such as with respect to external territories) responsibility.
Need for the Act
The Australian Federal Government started out in 1902 as a very small affair. As it grew in size and influence, the need became apparent for new Federal agencies and legislation to protect the dignity and interests of the Commonwealth. For example, the need for an Australian Federal PoliceAustralian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
became apparent when Prime Minister William Hughes
Billy Hughes
William Morris "Billy" Hughes, CH, KC, MHR , Australian politician, was the seventh Prime Minister of Australia from 1915 to 1923....
was violently egged and assaulted by an anti-conscription crowd at Warwick, Queensland, in 1917 and the Queensland State Police neglected to step in to protect him.
Thus, there was no federal crimes act for the first 13 years of Federation although certain offences had been defined by earlier legislation.
The Act now contains very few offences: most of these have been moved over to the Criminal Code (Commonwealth), which also outlines the principles of criminal liability under Commonwealth law. The Crimes Act is now relevant principally in procedural matters, and it is envisaged that even these provisions will be moved over to the Criminal Code, with the Act eventually repealed.
Scheme of the Act
- Part 1AA - powers of search, entry, arrest, seizure, interrogation, questioning protocol
- Part 1AB - controlled operations, ombudsman's oversight
- Part 1AC - use of assumed identities permissible
- Part 1AD - protection of children in proceedings for child sexual offences
- Part 1AE - video link evidence in proceedings for terrorism etc. offences
- Part 1B - sentencing, imprisonment and release of federal offenders
- Part 1C - powers of detention, obligations of investigators
- Part 1D - taking samples from suspects and witnesses, integration of DNADNADeoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
databases - Part 2 - offences
- Part 3 - offences relating to the administration of justice
- Part 3A - child sex tourism
- Part 4 - piracy
- Part 6 - offences by and against public officers
- Part 7 - official secrets, unlawful soundings
- Part 7A - postal offences
- Part 7C - pardons, quashing of convictions, spent convictions
- Part 8 - miscellaneous
Selected offences and their maximum penalties
- TreacheryTreacheryTreachery is a statutory offence in Australia. There was also an unrelated statutory offence bearing that name in the United Kingdom, but it has been abolished. Both of these offences were derived from or inspired by the related offence of treason. The name treachery was chosen because it is a...
: life imprisonment. This covers acts with intention to overthrow governments in Australia and 'proclaimed countries', and assistance to 'proclaimed enemies' and 'proclaimed countries'. - SabotageSabotageSabotage is a deliberate action aimed at weakening another entity through subversion, obstruction, disruption, or destruction. In a workplace setting, sabotage is the conscious withdrawal of efficiency generally directed at causing some change in workplace conditions. One who engages in sabotage is...
: 15 years imprisonment. - Inciting mutinyMutinyMutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
: life imprisonment. - Assisting escape of prisoners of war: life imprisonment.
- Unlawful drilling (in military exercises): 5 years for drill organisers, 2 years for others
- Damage to Commonwealth property: 10 years imprisonment
- Membership of unlawful associations (such associations must be formed with seditious intentionSeditionIn law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
): one year's imprisonment - Incitement to destroy Commonwealth property or to overthrow a government: up to 2 years imprisonment
- PerjuryPerjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
: 5 years imprisonment - Escaping from lawful custody: 17 years imprisonment
- Harboring an escapee: 5 years imprisonment
- Underaged sex overseas: 17 years imprisonment
- PiracyPiracyPiracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
: imprisonment for life, vessels liable to be seized - Unlawful disclosure by Commonwealth officer: 2 years
- Disclosure of official secrets with prejudicial intent: 7 years
- Mailing prescribed narcotics: 2 years
- Obstruction of the post: 2 years
Other miscellaneous offences
- TrespassTrespassTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
ing on Commonwealth land (punishable by fine) - Unlawful discharge of firearm on (or over) Commonwealth land (punishable by six months imprisonment)
- Livestock trespass onto Commonwealth land (small fine)
- False certification under a Commonwealth law (up to two years imprisonment)
- False official statement to a Commonwealth or Territory government officer (up to two years imprisonment)