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Crimes Act 1914
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C2015C00522
08 October 2015
-
26 November 2015
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Volume 1
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Part I—Preliminary
1 Short title
3 Interpretation
3AA State offences that have a federal aspect
3A Operation of Act
3B Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island
3BA Application of the Criminal Code
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Part IAA—Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
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Division 1—Preliminary
3C Interpretation
3CA Nature of functions of magistrate
3D Application of Part
Division 2—Search warrants
3E When search warrants can be issued
3F The things that are authorised by a search warrant
3G Availability of assistance and use of force in executing a warrant
3H Details of warrant to be given to occupier etc.
3J Specific powers available to constables executing warrant
3JA Extension of time to re enter premises in emergency situations
3K Use of equipment to examine or process things
3L Use of electronic equipment at premises
3LAA Use of electronic equipment at other place
3LA Person with knowledge of a computer or a computer system to assist access etc.
3LB Accessing data held on certain premises—notification to occupier of that premises
3M Compensation for damage to equipment
3N Copies of seized things to be provided
3P Occupier entitled to be present during search
3Q Receipts for things seized under warrant or moved
3R Warrants by telephone or other electronic means
3S Restrictions on personal searches
Division 3—Stopping and searching conveyances
3T Searches without warrant in emergency situations
3U How a constable exercises a power under section 3T
Division 3A—Powers in relation to terrorist acts and terrorism offences
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Subdivision A—Definitions
3UA Definitions
Subdivision B—Powers
3UB Application of Subdivision
3UC Requirement to provide name etc.
3UD Stopping and searching
3UE Seizure of terrorism related items and serious offence related items
3UEA Emergency entry to premises without warrant
3UF Seizure notices
3UH Relationship of Subdivision to other laws
Subdivision C—Prescribed security zones
3UI Applications for declarations
3UJ Minister may make declarations
Subdivision D—Sunset provision
3UK Sunset provision
Division 3B—Powers to require identity information at airports
3UL Definitions—Division 3B
3UM Identity information at airports—requirements
3UN Identity information at airports—offences relating to section 3UM
Division 4—Arrest and related matters
3V Requirement to furnish name etc.
3W Power of arrest without warrant by constables
3WA Constables’ power of arrest without warrant for a terrorism offence or offence of advocating terrorism
3X Arrest of prisoner unlawfully at large
3Y Power of arrest without warrant of person on bail
3Z Power of arrest without warrant by other persons
3ZA Warrants for arrest
3ZB Power to enter premises to arrest offender
3ZC Use of force in making arrest
3ZD Persons to be informed of grounds of arrest
3ZE Power to conduct a frisk search of an arrested person
3ZF Power to conduct an ordinary search of an arrested person
3ZG Power to conduct search of arrested person’s premises
3ZH Power to conduct an ordinary search or a strip search
3ZI Rules for conduct of strip search
3ZJ Taking fingerprints, recordings, samples of handwriting or photographs
3ZK Destruction of identification material
3ZL Offence of refusing to allow identification material to be taken
3ZM Identification parades
3ZN Identification parades for suspects under 18 etc.
3ZO Identification by means of photographs
3ZP Identification procedures where there is more than one suspect
3ZQ Descriptions
Division 4A—Determining a person’s age
Subdivision A—Preliminary
3ZQA Definitions
Subdivision B—Determination of age during investigation
3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure
3ZQC Obtaining of consents for the carrying out of a prescribed procedure
3ZQD Withdrawal of consent
3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses
Subdivision C—Determination of age during proceedings
3ZQF Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative
Subdivision D—Communication of orders by judges or magistrates
3ZQG Orders made by judges or magistrates concerning carrying out of a prescribed procedure
Subdivision E—Matters relating to the carrying out of prescribed procedures
3ZQH Appropriate medical or other standards to be applied
3ZQI Reasonable and necessary force
Subdivision F—Disclosure and destruction of age determination information
3ZQJ Disclosure of age determination information
3ZQK Destruction of age determination information
Division 4B—Power to obtain information and documents
Subdivision A—Definitions
3ZQL Definition
Subdivision B—Power to request information or documents about terrorist acts from operators of aircraft or ships
3ZQM Power to request information or documents about terrorist acts from operators of aircraft or ships
Subdivision C—Power to obtain documents relating to serious terrorism and non terrorism offences
3ZQN Power to obtain documents relating to serious terrorism offences
3ZQO Power to obtain documents relating to serious offences
3ZQP Matters to which documents must relate
3ZQQ Powers conferred on Federal Circuit Court Judges in their personal capacity
3ZQR Documents must be produced
3ZQS Offence for failure to comply with notice under section 3ZQN or 3ZQO
3ZQT Offence for disclosing existence or nature of notice
Division 4C—Using, sharing and returning things seized and documents produced
Subdivision A—Using and sharing things seized and documents produced
3ZQU Purposes for which things and documents may be used and shared
3ZQV Operating seized electronic equipment
3ZQW Compensation for damage to electronic equipment
Subdivision B—Returning things seized and documents produced
3ZQX When things seized or documents produced under Division 2, 4 or 4B must be returned
3ZQY When things seized under Division 3 must be returned
3ZQZA When things seized under Division 3A must be returned
3ZQZB Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.
Division 5—General
3ZR Conduct of ordinary searches and frisk searches
3ZS Announcement before entry
3ZT Offence for making false statements in warrants
3ZU Offences relating to telephone warrants
3ZW Delegation by Commissioner
3ZX Law relating to legal professional privilege not affected
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Part IAAA—Delayed notification search warrants
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Division 1—Preliminary
3ZZAA Object of this Part
3ZZAB Application of Part
3ZZAC Definitions
3ZZAD Eligible issuing officers
3ZZAE Consent of Judges
3ZZAF Nominated AAT members
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Division 2—Issue of delayed notification search warrants
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Subdivision A—The normal process for applying for and issuing delayed notification search warrants
3ZZBA The conditions for issue of a delayed notification search warrant
3ZZBB Authorisation to apply for a delayed notification search warrant
3ZZBC Applying for a delayed notification search warrant
3ZZBD Issuing a delayed notification search warrant
3ZZBE Contents of a delayed notification search warrant
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Subdivision B—Delayed notification search warrants by telephone, fax etc.
3ZZBF Delayed notification search warrants by telephone, fax etc.
3ZZBG Authority of delayed notification search warrant by telephone, fax etc.
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Subdivision C—Offences relating to applying for warrants etc.
3ZZBH Offence for making false statement in application for delayed notification search warrant
3ZZBI Offence relating to delayed notification search warrant by telephone, fax etc.
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Subdivision D—Interaction with other provisions under which search warrants may be issued
3ZZBJ Issue of warrants under other provisions as well as or instead of delayed notification search warrants
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Division 3—Exercise of powers under delayed notification search warrants
3ZZCA What is authorised by a delayed notification search warrant
3ZZCB Specific powers available to person executing warrant
3ZZCC Extension of time to re enter premises left in emergency situation or to avoid discovery of law enforcement officer
3ZZCD Executing a warrant—assistance, use of force and related matters
3ZZCE Use of equipment to examine or process things
3ZZCF Use of electronic equipment at warrant premises
3ZZCG Use of moved electronic equipment at other place
3ZZCH Operating seized or moved electronic equipment
3ZZCI Compensation for damage to electronic equipment
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Division 4—Notice to occupiers
3ZZDA Warrant premises occupier’s notice must be prepared and given
3ZZDB Adjoining premises occupier’s notice must be prepared and given
3ZZDC Time for giving warrant premises occupier’s notice or adjoining premises occupier’s notice
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Division 5—Using, sharing and returning things seized
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Subdivision A—Using and sharing things seized
3ZZEA Purposes for which things may be used and shared
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Subdivision B—Returning things seized
3ZZEB When things seized must be returned
3ZZEC Eligible issuing officer may permit a thing seized to be retained, forfeited etc.
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Division 6—Reporting and record keeping
3ZZFA Reporting on delayed notification search warrants
3ZZFB Annual reports to Minister
3ZZFC Regular reports to Ombudsman
3ZZFD Keeping documents connected with delayed notification search warrants
3ZZFE Register of delayed notification search warrants
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Division 7—Inspections by Ombudsman
3ZZGA Appointment of inspecting officers
3ZZGB Inspection of records by the Ombudsman
3ZZGC Power to obtain relevant information
3ZZGD Offence
3ZZGE Ombudsman to be given information etc. despite other laws
3ZZGF Exchange of information between Ombudsman and State or Territory inspecting authorities
3ZZGG Ombudsman not to be sued
3ZZGH Report on inspection
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Division 8—Unauthorised disclosure of information
3ZZHA Unauthorised disclosure of information
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Division 9—Other matters
3ZZIA Delegation
3ZZIB Law relating to legal professional privilege not affected
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Part IA—General
4AAA Commonwealth laws conferring non judicial functions and powers on officers
4AAB Arrangements for conferral of non judicial functions and powers
4A Meaning of certain words
4AA Penalty units
4AB Conversion of pecuniary penalties expressed in dollar amounts to penalty units
4B Pecuniary penalties—natural persons and bodies corporate
4C Offences under 2 or more laws
4D Penalties
4E Pecuniary penalties
4F Effect of alterations in penalties
4G Indictable offences
4H Summary offences
4J Certain indictable offences may be dealt with summarily
4JA Some indictable offences punishable by fine only may be dealt with summarily
4K Continuing and multiple offences
4L Specified defences not to preclude other defences
4M Children under 10
4N Children over 10 but under 14
6 Accessory after the fact
9 Seizure and condemnation of forfeitable goods
9A Forfeited articles to be dealt with by Official Trustee
9B Costs etc. payable to Official Trustee
13 Institution of proceedings in respect of offences
15 Remand of defendant
15AA Bail not to be granted in certain cases
15AB Matters to be considered in certain bail applications
15A Enforcement of fines etc.
15B Time for commencement of prosecutions
15C Form of indictments, information and summonses
15E Privilege of Parliament not affected
15F Civil rights not affected
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Part IAB—Controlled operations
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Division 1—Preliminary
15G Objects of Part
15GA Relationship to other laws and matters
15GB Concurrent operation of State and Territory laws
15GC Definitions
15GD Meaning of controlled operation and major controlled operation
15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect
15GF Meaning of authorising officer etc.
15GG Minister may nominate AAT members
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Division 2—Authorisation of controlled operations
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Subdivision A—Authorities to conduct controlled operations
15GH Applications for authorities to conduct controlled operations
15GI Determination of applications
15GJ Manner of granting authority
15GK Form of authority
15GL Written record of urgent authority must be issued
15GM Change of principal law enforcement officer
15GN Commencement and duration of authorities
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Subdivision B—Variation of authorities by appropriate authorising officers
15GO Variation of authority by appropriate authorising officer
15GP Application to appropriate authorising officer
15GQ Requirements for variation of authority
15GR Manner of varying authority
15GS Form of variation of authority
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Subdivision C—Variations of authorities by nominated Tribunal member: extensions beyond 3 months
15GT Variation of formal authority to extend period of effect beyond 3 months
15GU Application to nominated Tribunal member
15GV Determination of application
15GW Manner of varying formal authority
15GX Form of variation of formal authority
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Subdivision D—Other matters
15GY Cancellation of authorities
15GZ Effect of authorities
15H Defect in authority
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Division 3—Protection from criminal responsibility and related provisions
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Subdivision A—Controlled operations under this Part
15HA Protection from criminal responsibility for controlled conduct during controlled operations
15HB Indemnification of participants against civil liability
15HC Effect of sections 15HA and 15HB on other laws relating to criminal investigation
15HD Effect of being unaware of variation or cancellation of authority
15HE Protection from criminal responsibility for certain ancillary conduct
15HF Compensation for property loss or serious damage
15HG Notification requirements
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Subdivision B—Controlled operations under a corresponding State controlled operations law
15HH Protection from criminal responsibility for conduct under a corresponding State controlled operations law
15HI Effect of section 15HH on other laws relating to criminal investigation
15HJ Protection from criminal responsibility for certain ancillary conduct
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Division 4—Compliance and monitoring
15HK Unauthorised disclosure of information
15HL Unauthorised disclosure of information—endangering safety, etc.
15HM Chief officers’ 6 monthly reports to Ombudsman and Minister
15HN Chief officers’ annual reports to Minister and Ombudsman
15HO Annual report by Ombudsman
15HP Keeping documents connected with controlled operations
15HQ General register
15HR Appointment of inspecting officers
15HS Inspection of records by the Ombudsman
15HT Power to obtain relevant information
15HU Offence
15HV Ombudsman to be given information and access despite other laws
15HW Exchange of information between Ombudsman and State inspecting authorities
15HX Delegation by Ombudsman
15HY Ombudsman not to be sued
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Division 5—Miscellaneous
15HZ Evidence of authorities
15J Secretary of Immigration and Border Protection Department to be notified of certain authorities
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Part IABA—Integrity testing
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Division 1—Introduction
15JA Integrity testing—simplified outline
15JB Integrity testing—concurrent operation of State and Territory laws
15JC Integrity testing—definitions
15JD Integrity testing—meaning of integrity testing operation
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Division 2—Integrity testing operations: authority
15JE Integrity testing authorities—circumstances in which applications may be made
15JF Integrity testing authorities—application
15JG Integrity testing authorities—grant
15JH Integrity testing authorities—form
15JI Integrity testing authorities—notice to Integrity Commissioner
15JJ Integrity testing authorities—duration
15JK Integrity testing authorities—variation
15JL Integrity testing authorities—cancellation
15JM Integrity testing authorities—defects
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Division 3—Integrity testing operations: protection of participants
15JN Integrity testing operations—authorised conduct
15JO Integrity testing operations—indemnity against civil liability
15JP Integrity testing operations—participants unaware of variation or cancellation of authority
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Division 4—Integrity testing operations: disclosure of information
15JQ Integrity testing operations—disclosure
15JR Integrity testing operations—disclosure endangering safety etc.
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Division 5—Integrity testing operations: reporting
15JS Integrity testing operations—annual reports
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Division 6—Integrity testing operations: evidence
15JT Evidence of integrity testing authorities
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Part IAC—Assumed Identities
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Division 1—Preliminary
15K Definitions
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Division 2—Authority for Assumed Identity
15KA Application for authority to acquire or use assumed identity
15KB Determination of applications
15KC Form of authority
15KD Period of authority
15KE Variation or cancellation of authority
15KF Yearly review of authority
15KG Making entries in register of births, deaths or marriages
15KH Effect of authority ceasing to be in force on register of births, deaths or marriages
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Division 3—Evidence of Assumed Identity
15KI Request for evidence of assumed identity
15KJ Government issuing agencies to comply with request
15KK Non government issuing agencies may comply with request
15KL Cancellation of evidence of assumed identity
15KM Return of evidence of assumed identity
15KN Protection from criminal liability—officers of issuing agencies
15KO Indemnity for issuing agencies and officers
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Division 4—Effect of Authority
15KP Assumed identity may be acquired and used
15KQ Protection from criminal liability—authorised persons
15KR Protection from criminal liability—third parties
15KS Indemnity for authorised persons
15KT Particular qualifications
15KU Effect of being unaware of variation or cancellation of authority
15KV Transfer of control of authorities
15KW Consequences of transfer of control of authorities
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Division 5—Mutual Recognition under Corresponding Laws
15KX Requests to a participating jurisdiction for evidence of assumed identity
15KY Requests from a participating jurisdiction for evidence of assumed identity
15KZ Directions from a participating jurisdiction to cancel evidence of assumed identity
15L Indemnity for issuing agencies and officers
15LA Application of this Part to authorities under corresponding laws
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Division 6—Compliance and Monitoring
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Subdivision A—Misuse of Assumed Identity and Information
15LB Misuse of assumed identity
15LC Disclosing information about assumed identity
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Subdivision B—Reporting and record keeping
15LD Reports about authorities for assumed identities etc.—law enforcement agencies
15LE Reports about authorities for assumed identities etc.—intelligence agencies
15LF Record keeping
15LG Audit of records
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Division 7—General
15LH Delegation of chief officer’s functions
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Part IACA—Witness identity protection for operatives
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Division 1—Preliminary
15M Definitions
15MA Meaning of criminal proceeding
15MB Meaning of civil proceeding
15MC When a charge is outstanding or pending
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Division 2—Witness Identity Protection Certificates for Operatives
15MD Application of Part
15ME Witness identity protection certificate
15MF Statutory declaration by operative
15MG Form of witness identity protection certificate
15MH Filing and notification
15MI Leave for non compliance
15MJ Effect of witness identity protection certificate
15MK Orders to protect operative’s identity etc.
15ML Disclosure of operative’s identity to presiding officer
15MM Disclosure of operative’s identity etc. despite certificate
15MN Application for leave—joinder as respondent
15MO Directions to jury
15MP Appeals and adjournments
15MQ Witness identity protection certificate—cancellation
15MR Permission to give information disclosing operative’s identity etc.
15MS Disclosure offences
15MT Evidentiary certificates
15MU Reports about witness identity protection certificates
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Division 3—Mutual Recognition under Corresponding Laws
15MW Recognition of witness identity protection certificates under corresponding laws
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Division 4—General
15MX Delegation
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Part IAD—Protecting vulnerable persons
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Division 1—Introduction
15Y Proceedings to which this Part applies
15YA Definitions
15YAA Vulnerable adult complainants
15YAB Special witnesses
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Division 2—Admissibility of evidence
15YB Evidence of sexual reputation
15YC Evidence of sexual experience
15YD Leave under this Division
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Division 3—Cross examination
15YE Disallowing inappropriate or aggressive cross examination
15YF Unrepresented defendants—cross examination of child complainants
15YG Unrepresented defendants—cross examination of vulnerable persons
15YH Represented defendants—cross examination of vulnerable persons
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Division 4—Special facilities for vulnerable persons to give evidence
15YI Closed circuit television
15YJ Giving evidence by closed circuit television
15YK Viewing evidence given by closed circuit television
15YL Alternative arrangements for giving evidence
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Division 5—Use of video recordings
15YM Use of video recordings
15YN Admissibility of evidence given using video recordings
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Division 5A—Special rules for later trials
15YNA When this Division applies
15YNB Original evidence admissible in new proceeding
15YNC Vulnerable person not to be made to give further evidence
15YND Defendants’ access to video recordings
15YNE Warnings etc. not to be given about vulnerable persons’ evidence
15YNF Division applies despite other rules of evidence
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Division 6—Miscellaneous
15YO Adults accompanying vulnerable persons
15YP Excluding people from the courtroom
15YQ Warnings etc. not to be given about vulnerable persons evidence
15YR Publication identifying child witnesses or vulnerable adult complainants
15YS General powers of a court
15YT Other video link evidence provisions are unaffected
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Part IAE—Video link evidence in proceedings for terrorism and related offences etc.
15YU Proceedings to which this Part applies
15YV When court may take evidence by video link
15YW Observers
15YX Adjournment after a section 15YV direction or order etc.
15YY Technical requirements for video link
15YZ Direction to jury
15YZA Application of laws about witnesses
15YZB Administration of oaths and affirmations
15YZC Expenses
15YZD Appeals against section 15YV directions or orders etc.
15YZE Other laws about evidence not affected
15YZF Saving of other laws
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Part IB—Sentencing, imprisonment and release of federal offenders
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Division 1—Interpretation
16 Interpretation
16AAA Victim impact statements
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Division 2—General sentencing principles
16A Matters to which court to have regard when passing sentence etc.—federal offences
16AA Matters to which court to have regard when passing sentence etc.—Northern Territory offences
16AB Matters relating to victim impact statements
16B Court to have regard to other periods of imprisonment required to be served
16BA Taking other offences into account
16C Fines
16D No corporal punishment
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Division 3—Sentences of imprisonment
16E Commencement of sentences
16F Court to explain sentence
17A Restriction on imposing sentences
17B Restriction on imposing sentences for certain minor offences
18 Sentence of imprisonment
19 Cumulative, partly cumulative or concurrent sentences
19A Detention of person in State or Territory prisons
19AA Remissions and reductions of sentences
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Division 4—The fixing of non parole periods and the making of recognizance release orders
19AB When court must fix non parole period or make a recognizance release order
19AC When court must fix a recognizance release order
19AD Persons already subject to a non parole period
19AE Persons already subject to recognizance release order
19AF Non parole period or pre release periods not to exceed remitted sentence
19AG Non parole periods for sentences for certain offences
19AH Failure to fix non parole period or make recognizance release order
19AJ Court may only fix non parole periods or make recognizance release orders for federal sentences of imprisonment
19AK Possible deportation no impediment to fixing non parole period
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Division 5—Conditional release on parole or licence
19AL Release on parole—making of parole order
19AM Release on parole—when is a person released
19AMA Release on parole—parole period
19AN Parole order is subject to conditions
19AP Release on licence
19AQ When parole order or licence automatically revoked
19AR Fixing of non parole period etc. where parole or licence automatically revoked
19AS Court to issue warrant of detention where person required to serve balance of sentence
19AT What happens when later conviction is quashed?
19AU Attorney General may revoke parole order or licence
19AV Arrest of person whose parole order or licence revoked by Attorney General
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
19AZ Evidence before prescribed authority
19AZA Disobedience of summons etc.
19AZB Can person be released on parole or licence if earlier parole order or licence revoked?
19AZC Effect of parole order and licence on sentence
19AZD State and Territory laws providing for leave of absence, pre release etc. to apply to federal offenders
19B Discharge of offenders without proceeding to conviction
20 Conditional release of offenders after conviction
20A Failure to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
20AB Additional sentencing alternatives
20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1)
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Division 6—Unfitness to be tried
20B Consequences of preliminary finding that person unfit to be tried
20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
20BB Persons found by a court to be likely to be fit within 12 months
20BC Persons found by a court not to be likely to be fit within 12 months
20BD Review by Attorney General
20BE Attorney General may order release
20BF Release order may be revoked
20BG Attorney General to review detention of persons taken back into detention
20BH State or Territory mental health authorities to be notified of certain releases
20BI Appeals against some Victorian jury findings of unfitness to be tried
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Division 7—Acquittal because of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney General
20BL Attorney General may order release
20BM Release order may be revoked
20BN Attorney General to review detention of persons taken back into detention
20BP State or Territory authorities to be notified of certain releases
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Division 8—Summary disposition of persons suffering from mental illness or intellectual disability
20BQ Person suffering from mental illness or intellectual disability
20BR Means by which court may be informed
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Division 9—Sentencing alternatives for persons suffering from mental illness or intellectual disability
20BS Hospital orders
20BT Lesser periods of imprisonment fixed under hospital orders
20BU Discharge of hospital orders
20BV Psychiatric probation orders
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation orders
20BY Program probation orders
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Division 10—Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
21E Director of Public Prosecutions may appeal against reductions where promised co operation with law enforcement agencies refused
21F Prescribed authorities and parole officers
22 Conditions etc. that a court may impose on certain offenders
22A State orders relating to Australian travel documents
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Part IC—Investigation of Commonwealth offences
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Division 1—Introduction
23 Outline of this Part
23A Application of Part
23AA How this Part applies to the Antarctic Territories
23B Definitions
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Division 2—Powers of detention
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Subdivision A—Non terrorism offences
23C Period of investigation if arrested for a non terrorism offence
23D Application may be made for extension of investigation period
23DA Magistrate may extend investigation period
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Subdivision B—Terrorism offences
23DB Period of investigation if arrested for a terrorism offence
23DC Time during which suspension or delay of questioning may be disregarded—application
23DD Time during which suspension or delay of questioning may be disregarded—time specified by magistrate
23DE Application may be made for extension of investigation period
23DF Magistrate may extend investigation period
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Subdivision C—Miscellaneous
23E Evidentiary provisions if application made by electronic means
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Division 3—Obligations of investigating officials
23F Cautioning persons who are under arrest or protected suspects
23G Right to communicate with friend, relative and legal practitioner
23H Aboriginal persons and Torres Strait Islanders
23J Lists of interview friends and interpreters
23K Persons under 18
23L Exceptions
23M Providing information relating to persons who are under arrest or protected suspects
23N Right to interpreter
23P Right of non Australian nationals to communicate with consular office
23Q Treatment of persons under arrest
23S Right to remain silent etc. not affected
23T Acts authorised under other laws
23U Tape recording of information required to be given to person under arrest
23V Tape recording of confessions and admissions
23W Proof of belief
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Volume 2
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Part ID—Forensic procedures
Division 1—Explanation of expressions used
23WA Definitions
23WB Interview friends
Division 2—Authority and time limits for forensic procedures on suspects: summary of rules
23WC How forensic procedures may be authorised in different circumstances
23WCA Time limits for carrying out forensic procedures
Division 3—Forensic procedures on suspect by consent
23WD Forensic procedure may be carried out with informed consent of suspect
23WE People who cannot consent to forensic procedures
23WF Informed consent to forensic procedures—general
23WG Informed consent to forensic procedures—Aboriginal persons and Torres Strait Islanders
23WH Constable may request suspect to consent to forensic procedure
23WI Matters to be considered by constable before requesting consent to forensic procedure
23WJ Matters that suspect must be informed of before giving consent
23WK Withdrawal of consent
23WL Recording of giving of information and suspect’s responses
23WLA Time for carrying out forensic procedure—suspect not in custody
Division 4—Non intimate forensic procedures on suspect by order of senior police officer
23WM Non intimate forensic procedure may be carried out by order of senior police officer
23WN Circumstances in which senior police officer may order non intimate forensic procedures
23WO Matters to be considered by senior police officer before ordering forensic procedure
23WP Record of senior police officer’s order
Division 5—Forensic procedures on suspect by order of a magistrate
Subdivision A—General
23WQ Forensic procedure may be carried out by order of magistrate
23WR Circumstances in which magistrate may order forensic procedure
Subdivision B—Final orders
23WS Final order for carrying out of forensic procedure
23WT Matters to be considered by magistrate before ordering forensic procedure
23WU Application for order
23WV Securing the presence of suspect at hearing—suspect in custody
23WW Securing the presence of suspect at hearing—suspect not in custody
23WX Procedure at hearing of application for order
23WY Making of order
Subdivision C—Interim orders
23XA Interim order for carrying out of a forensic procedure
23XB Application for interim order
23XC Procedure at hearing of application for interim order
23XD Making of interim order
23XE Records of application and interim order
23XF Suspect may be prevented from destroying or contaminating evidence
23XG Results of forensic procedure carried out under interim order
Subdivision D—Time limits for forensic procedures ordered by magistrates
23XGA Application
23XGB Time for carrying out forensic procedure—suspect not in custody
23XGC Arrest of suspect not in custody
23XGD Time for carrying out forensic procedure—suspect in custody
Subdivision E—Reports of proceedings under Division
23XH Restrictions on publication
Division 6—Carrying out forensic procedures on suspects
Subdivision A—General provisions
23XI General rules for carrying out forensic procedures
23XIA No questioning during forensic procedure
23XIB Suspect must be cautioned before forensic procedure starts
23XJ Use of force in carrying out forensic procedures
23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner
23XL Taking of hair samples
Subdivision B—Persons involved in forensic procedures
23XM Persons who may carry out forensic procedures
Subdivision C—Further provisions about who may carry out forensic procedures
23XN Certain forensic procedures generally to be carried out by person of same sex as suspect
23XO Person may get help to carry out forensic procedures
Subdivision D—Presence of other people while forensic procedure is carried out
23XP Medical practitioner or dentist of suspect’s choice may be present for intimate forensic procedures
23XQ Presence of interview friend or legal representative—children and incapable persons
23XR Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders
23XS Presence of constables
23XSA Presence of prison officers
Subdivision E—Recording of forensic procedure
23XT Recording of forensic procedure
Subdivision F—Procedure after forensic procedure is carried out
23XU Samples—sufficient material to share
23XUA Samples—insufficient material to share
23XV Photographs
23XW Results of analysis
23XWA Preventing the carrying out of forensic procedure
Division 6A—Carrying out of certain forensic procedures after conviction of serious and prescribed offenders
23XWB Forensic procedures to which Division applies
23XWC Non intimate forensic procedures authorised to be carried out on offenders
23XWD Intimate forensic procedures authorised to be carried out on serious offenders
23XWE Application of Division 6
23XWF Scope of authorisation
23XWG Informed consent to forensic procedures
23XWH Constable may request offender to consent to forensic procedure
23XWI Matters to be considered by constable before requesting consent to forensic procedure
23XWJ Matters that offender must be informed of before giving consent
23XWK Circumstances in which constable may order non intimate forensic procedure
23XWL Matters to be considered by constable
23XWM Recording of giving of information and consent
23XWN Record of constable’s order
23XWNA Circumstances in which judge or magistrate may order forensic procedure
23XWO Judge or magistrate order for carrying out forensic procedure on offender
23XWOA Securing the presence of offender at hearing—offender in custody
23XWOB Securing the presence of offender at hearing—offender not in custody
23XWP Carrying out forensic procedure following conviction
Division 6B—Carrying out of forensic procedures on volunteers and certain other persons
23XWQ Carrying out of forensic procedures on volunteers
23XWR Informed consent of volunteer or parent or guardian of volunteer
23XWS Recording of giving of information and consent
23XWT Withdrawal of consent
23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
Division 7—Admissibility of evidence
Subdivision A—Forensic evidence
23XX Inadmissibility of evidence from improper forensic procedures etc.
23XY Inadmissibility of evidence where forensic material required to be destroyed
Subdivision B—Other evidence
23XZ Admissibility of evidence relating to consent to forensic procedure
23YA Admissibility of evidence relating to carrying out of forensic procedure
23YB Obstructing the carrying out of forensic procedure
Subdivision C—Application
23YBA Division does not apply to a proceeding in a foreign country
Division 8—Destruction of forensic material
23YBB Application
23YC Destruction of forensic material where interim order disallowed
23YD Destruction of forensic material after 12 months
23YDAA Destruction of forensic material taken from offender after conviction quashed
23YDAB Destruction of forensic material where related evidence is inadmissible
Division 8A—Commonwealth and State/Territory DNA database systems
23YDAC Definitions
23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems
23YDAD Supply of forensic material for purposes of DNA database
23YDAE Use of information on Commonwealth DNA database system or NCIDD
23YDAF Permissible matching of DNA profiles
23YDAG Recording, retention and removal of identifying information on Commonwealth DNA database system
Division 9—General provisions relating to operation of this Part
23YDA Interpreters
23YE Powers etc. of legal representatives and interview friends
23YF Obligation of investigating constables relating to tape recordings
23YG Material required to be made available to suspect, offender or volunteer
23YH No charge to be made for giving material etc. to suspects, offenders and volunteers
23YI Proof of belief or suspicion
23YJ Proof of impracticability
23YJA Proof that time should be disregarded
23YK Proof of voluntary waiver of certain rights
23YKA Application of sections 23YI to 23YK
23YL Liability for forensic procedures
23YM Experts not obliged to carry out forensic procedures
23YN Retention of electronic recordings
23YO Disclosure of information
23YP Taking, retention and use of forensic material
23YPA Analysis of forensic material
23YQ Commissioner may delegate functions and powers
Division 9A—Carrying out forensic procedures at the request of a foreign jurisdiction
Subdivision A—Requests by foreign countries
23YQA Application of Subdivision
23YQB Providing forensic evidence resulting from a forensic procedure
Subdivision B—Requests by a foreign law enforcement agency
23YQC Application of Subdivision
23YQD Providing forensic material etc. to a foreign law enforcement agency
Division 10—Operation of this Part and effect on other laws
23YQE Part does not apply to persons under 10
23YR Relationship with Part IAA
23YS Relationship with Part IC
23YU Application of other laws
Division 11—Interjurisdictional enforcement
23YUA Definitions
23YUB Registration of orders
23YUC Carrying out of registered orders
23YUD Database information
23YUDA Arrangements with prisons or other places of detention
Division 11A—Operation of this Part in relation to certain incidents
23YUE Definitions
23YUF Application of this Division
23YUG Use of information on DNA database systems
23YUH Permissible matching of DNA profiles
23YUI Disclosure of information
23YUJ This Division does not restrict operation of this Part
23YUK Review of operation of this Division
Division 11B—Concurrent operation of State and Territory laws
23YUL Concurrent operation of State and Territory laws
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Part IE—Forfeiture of child pornography material and child abuse material
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Division 1—Things this Part applies to
23ZA Application
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Division 2—Forfeiture by operation of law after notice is given
23ZB Forfeiture of material by operation of law
23ZC Providing copies of innocuous parts of material to be forfeited
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Division 3—Forfeiture by court order on application
23ZD Forfeiture of material by court order on application
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Division 4—Provisions relating to forfeiture under this Part generally
23ZE Effect of forfeiture under this Part
23ZF Compensation for forfeiture of electronic equipment etc.
23ZG Delegation by head of police force
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Part II—Offences against the Government
24AA Treachery
24AB Sabotage
24AC Institution of prosecutions
24F Certain acts done in good faith not unlawful
25 Inciting mutiny
26 Assisting prisoners of war to escape
27 Unlawful drilling
28 Interfering with political liberty
29 Destroying or damaging Commonwealth property
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Part IIA—Protection of public and other services
30J Industrial disturbances, lock outs and strikes
30K Obstructing or hindering the performance of services
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Part III—Offences relating to the administration of justice
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Division 1—Preliminary
31 Judicial proceeding and tribunal definitions
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Division 2—Judges and magistrates
34 Judge or magistrate acting oppressively or when interested
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Division 3—Evidence and witnesses
35 Giving false testimony
36 Fabricating evidence
36A Intimidation of witnesses etc.
37 Corruption of witnesses
38 Deceiving witnesses
39 Destroying evidence
40 Preventing witnesses from attending Court
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Division 4—Perverting the course of justice
41 Conspiracy to bring false accusation
42 Conspiracy to defeat justice
43 Attempting to pervert justice
44 Compounding offences
45 Inserting advertisements without authority of court
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Division 5—Escape from criminal detention
45A Criminal detention definitions
46 Aiding prisoner to escape
46A Aiding prisoner to escape—conveying thing into prison etc.
47 Escaping
47A Rescuing a prisoner from criminal detention
47B Person unlawfully at large
47C Permitting escape
48 Harbouring etc. an escapee
48A Sentence ceases to run while escaped prisoner at large
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Division 6—Seized property
49 Removing property under seizure
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Part IV—Piracy
51 Interpretation
52 Piracy
53 Operating a pirate controlled ship or aircraft
54 Seizure of pirate ships and aircraft etc.
55 Written consent of Attorney General required
56 Evidence of certain matters
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Part VI—Offences by and against public officers
70 Disclosure of information by Commonwealth officers
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Part VII—Official secrets and unlawful soundings
77 Interpretation
79 Official secrets
80 Prohibited places
83 Unlawful soundings
85 Institution of prosecution
85B Hearing in camera etc.
85D Forfeiture of articles etc.
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Part VIIA—Offences relating to postal services
85E Interpretation—definitions
85F Interpretation—expressions used in Australian Postal Corporation Act
85G Forgery of postage stamps etc.
85H Special paper for postage stamps
85N Wrongful delivery of postal article etc.
85Q Forgery of postal messages etc.
85R Wrongful delivery of postal messages
85T Sending false postal messages
85U Obstructing carriage of articles by post
85V Interference with property of Australia Post
85W Causing controlled drugs or controlled plants to be carried by post
85Z Articles carried by post to be taken to be Australia Post’s property
85ZA Postage stamps to be valuable securities etc.
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Part VIIC—Pardons, quashed convictions and spent convictions
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Division 1—Interpretation and application of Part
85ZL Interpretation of Part
85ZM Meaning of conviction and spent conviction
85ZN Meaning of quash
85ZP Application of Part
85ZQ Part binds the Crown
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Division 2—Pardons for persons wrongly convicted, and quashed convictions
85ZR Pardons for persons wrongly convicted
85ZS Effect of pardons for persons wrongly convicted
85ZT Quashed convictions
85ZU Effect of quashed convictions
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Division 3—Spent convictions
85ZV Spent convictions
85ZW Effect of right of non disclosure
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Division 4—Convictions of further offences
85ZX Convictions of further Commonwealth or Territory offences
85ZY Convictions of further State or foreign offences
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Division 5—Complaints to Information Commissioner
85ZZ Information Commissioner’s functions
85ZZA Complaints to the Information Commissioner
85ZZB Identity of respondent to complaint
85ZZC Investigation of complaints
85ZZD Determinations of Information Commissioner
85ZZE Payment of compensation or expenses
85ZZF Enforcement of determination or recommendation
85ZZG Application of Privacy Act
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Division 6—Exclusions
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Subdivision A—Exclusions (Divisions 2 and 3)
85ZZGA Object of Subdivision
85ZZGB Exclusion: disclosing information to a person or body
85ZZGC Exclusion: person or body taking information into account
85ZZGD Exclusion: person or body disclosing information
85ZZGE Prescribed persons and bodies
85ZZGF Definitions
85ZZGG Reviews of operation of this Subdivision
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Subdivision B—Exclusions (Division 3)
85ZZH Exclusions
85ZZJ Further exclusions—law enforcement agencies
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Subdivision C—Other matters
85ZZK Fair reporting: pardons and quashed convictions
85ZZL Criminal proceedings before the Federal Court of Australia
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Part VIII—Miscellaneous
87 False certificates
89 Trespassing on Commonwealth land
89A Discharging firearms on or over Commonwealth land
90 Trespass by cattle or live stock
90A Destroying etc. posters etc. relating to Commonwealth loans
90B False statements in documents filed etc. under laws of a Territory
91 Regulations
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Schedule—Form of explanation under section 23V
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
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