CRIMES ACT 1914

Part I - Preliminary  

SECTION 3   INTERPRETATION  

(1)  


In this Act, unless the contrary intention appears:

Aboriginal person
means a person of the Aboriginal race of Australia.

ACC
means the Australian Crime Commission.

ACC authorising officer
(Repealed by No 3 of 2010, Sch 3 item 1, effective 19 February 2010.)

ACLEI authorising officer
(Repealed by No 3 of 2010, Sch 3 item 2, effective 19 February 2010.)

AFP authorising officer
(Repealed by No 3 of 2010, Sch 3 item 3, effective 19 February 2010.)

appropriate authorising officer
(Repealed by No 3 of 2010, Sch 3 item 4, effective 19 February 2010.)

associated offence
means:


(a) in relation to an offence against section 233B of the Customs Act 1901 - an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or


(i) an offence under section 236 or 237 of that Act that relates to the offence; or

(ii) an offence under section 7A or subsection 86(1) of this Act that relates to the offence; or


(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 - an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or


(c) in relation to an offence against a law of a State or Territory - an offence:


(i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code ; and

(ii) that relates to the offence.

Australian law enforcement officer
means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.

authorising officer
(Repealed by No 3 of 2010, Sch 3 item 5, effective 19 February 2010.)

bail authority
means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.

child
: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

child abuse material
has the same meaning as in Part 10.6 of the Criminal Code .

child pornography material
has the same meaning as in Part 10.6 of the Criminal Code .

Commissioner
means the Commissioner of the Australian Federal Police.

Commonwealth child sex offence
means:


(a) an offence against any of the following provisions of the Criminal Code :


(i) Division 272 (Child sex offences outside Australia);

(ii) Division 273 (Offences involving child pornography material or child abuse material outside Australia);

(iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child pornography material, child abuse material and sexual activity involving children);

(iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child pornography material, child abuse material, sexual activity involving children and harm to children ); or


(b) an offence against section 11.1 , 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or


(c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2 , 11.2A or 11.3 of the Criminal Code .

Note:

Part IE also applies as if offences against certain other provisions in force before the commencement of that Part were Commonwealth child sex offences: see Schedule 2 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 .

Commonwealth entity
has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013 .

Commonwealth offence
, except in Part IC , means an offence against a law of the Commonwealth.

Commonwealth officer
means a person holding office under, or employed by, the Commonwealth, and includes:


(a) a person appointed or engaged under the Public Service Act 1999 ;


(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;


(b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).


(c) - (d) (Repealed by No 67 of 2018)

confiscation proceedings
has a meaning affected by subsection 16AC(5) .

constable
means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

controlled operation
(Repealed by No 3 of 2010, Sch 3 item 6, effective 19 February 2010.)

controlled substance
means:


(a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code ; or


(b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code ; or


(c) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code .

conveyance
includes an aircraft, vehicle or vessel.

criminal detention
has the meaning given by section 45A .

cultural heritage
has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 , and includes sacred sites.

cultural heritage object
means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.

data
includes:


(a) information in any form; and


(b) any program (or part of a program).

data storage device
means a thing containing, or designed to contain, data for use by a computer.

de facto partner
has the meaning given by the Acts Interpretation Act 1901 .

Defence Department
means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

dentist
means a dental practitioner within the meaning of the Health Insurance Act 1973 .

Deputy Commissioner
means a Deputy Commissioner of the Australian Federal Police.

federal aspect
, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).

Note:

This subsection defines State to include the Northern Territory.

federal court
means the High Court or a court created by the Parliament, other than a court of a Territory.

federal criminal detention
has the meaning given by section 45A .

federal judicial proceeding
has the meaning given by section 31 .

Foreign Affairs Department
means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

Foreign Affairs Minister
means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

have in possession
includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

illicit goods
means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

Immigration and Border Protection Department
means the Department administered by the Minister administering the Australian Border Force Act 2015 .

Integrity Commissioner
has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

integrity purpose
means the purpose of preventing, detecting, investigating or dealing with any of the following:


(a) misconduct (within the meaning of the Privacy Act 1988 ) of a serious nature by any of the following:


(i) an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013 ) of a Commonwealth entity;

(ii) a person employed by, or in the service of, a Privacy Act agency or a wholly owned Commonwealth company;

(iii) a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;

(iv) an officer of a wholly owned Commonwealth company;


(b) conduct that may have the purpose or effect of inducing misconduct described in paragraph (a);


(c) fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;


(d) an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).

judicial proceeding
has the meaning given by section 31 (other than in section 3L ).

judicial tribunal
has the meaning given by section 31 .

law enforcement officer
means any of the following:


(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );


(b) a member of the police force of a State or Territory;


(ba) a staff member of ACLEI;


(c) a member of the staff of the ACC;


(d) an officer of Customs;


(e) a member of a police force, or other law enforcement agency, of a foreign country.

major controlled operation
(Repealed by No 3 of 2010, Sch 3 item 7, effective 19 February 2010.)

medical practitioner
has the same meaning as in the Health Insurance Act 1973 .

member of the staff of the ACC
has the same meaning as in the Australian Crime Commission Act 2002 .

narcotic goods
has the same meaning as in the Customs Act 1901 .

"narcotic goods offence"
(Repealed by No 136 of 2001)

"NCA authorising officer"
(Repealed by No 125 of 2002)

nominated Tribunal member
(Repealed by No 3 of 2010, Sch 3 item 8, effective 19 February 2010.)

nurse
means a registered nurse within the meaning of the Health Insurance Act 1973 .

officer of Customs
has the meaning given by subsection 4(1) of the Customs Act 1901 .

Official Trustee
means the Official Trustee in Bankruptcy.

parent
, without limiting who is a parent of a person for the purposes of this Act, someone (the adult ) is the parent of a person if:


(a) the adult is legally entitled to, and has, custody of the person; or


(b) the adult is legally responsible for the day-to-day care, welfare and development of the person and has the person in his or her care.

participating State
has the meaning given by subsection 3B(2) .

participating Territory
has the meaning given by subsection 3B(2) .

person targeted
(Repealed by No 3 of 2010, Sch 3 item 9, effective 19 February 2010.)

personal information
has the meaning given by section 6 of the Privacy Act 1988 .

Privacy Act agency
has the same meaning as agency has in the Privacy Act 1988 .

property
includes money and every thing, animate or inanimate, capable of being the subject of ownership.

public authority under the Commonwealth
means any authority or body constituted by or under a law of the Commonwealth or of a Territory.

quarter
means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

quarter
means a period of 3 months ending on 31 January, 30 April, 31 July or 31 October.

Queen ' s dominions
(Repealed by No 67 of 2018)

relative
has a meaning affected by subsection (3).

senior executive AFP employee
has the same meaning as in the Australian Federal Police Act 1979 .

sensitive information
has the meaning given by section 6 of the Privacy Act 1988 .

staff member of ACLEI
has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

State
includes the Northern Territory.

State offence
means an offence against a law of a State or the Australian Capital Territory.

substantial adverse effect
means an effect that is adverse and not insubstantial, insignificant or trivial.

target entity
means:


(a) a Privacy Act agency; or


(b) a wholly-owned Commonwealth company.

Territory
does not include the Northern Territory.

terrorism offence
means:


(a) an offence against Subdivision A of Division 72 of the Criminal Code ; or


(aa) an offence against Subdivision B of Division 80 of the Criminal Code ; or


(b) an offence against Part 5.3 or 5.5 of the Criminal Code ; or


(c) an offence against either of the following provisions of the Charter of the United Nations Act 1945 :


(i) Part 4 of that Act;

(ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions - Al-Qaida) Regulations 2008 .

terrorist act
as the same meaning as in subsection 100.1(1) of the Criminal Code .

thing relevant to an indictable offence
means:


(a) either of the following:


(i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;

(ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or


(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or


(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

thing relevant to a summary offence
means:


(a) either of the following:


(i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;

(ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or


(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or


(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

Torres Strait Islander
means a descendent of an indigenous inhabitant of the Torres Strait Islands.

wholly owned Commonwealth company
has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013 .

(2)  
In this Act, a reference to a fine includes a reference:


(a) to a pecuniary penalty other than a pecuniary penalty imposed:


(i) under Division 3 of Part XIII of the Customs Act 1901 ; or

(ii) by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002 ; or

(iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987 ; or

(iii) by a superannuation order made under the Australian Federal Police Act 1979 ; or

(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989 ; or


(b) to costs or other amounts ordered to be paid by offenders.

(3)  


For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):


(a) a de facto partner of the person;


(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;


(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.