Crimes Act 1914
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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.
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[edit] Need for the Act
The Australian Federal Government started out in 1901 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 Police 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.[1]
Thus, there was no federal crimes act for the first thirteen 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, and it is envisaged that even these provisions will be moved over to the Criminal Code, and the Act eventually repealed.
[edit] 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 DNA 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
[edit] Selected offences and their maximum penalties
Treachery: life imprisonment. This covers acts with intention to overthrow governments in Australia and 'proclaimed countries', and assistance to 'proclaimed enemies' and 'proclaimed countries'.
Sabotage: 15 years imprisonment.
Inciting mutiny: 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 intention): one year's imprisonment
Incitement to destroy Commonwealth property or to overthrow a government: up to 2 years imprisonment
Perjury: 5 years imprisonment
Escaping from lawful custody: 17 years imprisonment
Harboring an escapee: 5 years imprisonment
Underaged sex overseas: 17 years imprisonment
Piracy: 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
[edit] Other miscellaneous offences
Trespassing 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)
