Crimes Act 1914

Pt VII repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018.

Pt VII heading substituted by No 91 of 2002, s 3 and Sch 1 item 1A, effective 28 November 2002. For transitional provision, see note under former s 78. The heading formerly read:

Espionage and official secrets

S 77 repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018. S 77 formerly read:

SECTION 77 Interpretation  
(1)
In this Part, unless the contrary intention appears:

article
includes any thing, substance or material.

cipher
includes:

(a) a code or cryptogram;

(b) a system, method, device or machine whereby a cipher, code or cryptogram may be created; and

(c) a code word, password or identification signal.

information
means information of any kind whatsoever, whether true or false and whether in a material form or not, and includes:

(a) an opinion; and

(b) a report of a conversation.

model
includes design, pattern and specimen.

plan
includes a written record of a survey or of a bearing or measurement taken for the purpose of fixing the position of a place.

sketch
includes a representation of a place or thing.

the Commonwealth
includes the Territories.

(2)
In this Part, unless the contrary intention appears:

(a) expressions referring to obtaining, collecting, recording, using, having in possession, communicating, receiving or retaining include obtaining, collecting, recording, using, having in possession, communicating, receiving or retaining in whole or in part, and whether the thing or information itself, or only the substance, effect or description of the thing or information, is obtained, collected, recorded, used, possessed, communicated, received or retained;

(b) expressions referring to obtaining or retaining any sketch, plan, photograph, model, cipher, note, document, article or information include copying or causing to be copied the whole or a part of the sketch, plan, photograph, model, cipher, note, document, article or information; and

(c) expressions referring to the communication of any sketch, plan, photograph, model, cipher, note, document, article or information include the transfer or transmission, or the publishing, of the sketch, plan, photograph, model, cipher, note, document, article or information.

(3)
A reference in the Part to a sketch, plan, photograph, model, cipher, note, document or article or to information shall be read as including a reference to a copy of, a part of or a copy of a part of a sketch, plan, photograph, model, cipher, note, document or article or information.

(4)
For the purposes of this Part, a place that is occupied by, or a thing that is under the control of, the Commonwealth shall be deemed to belong to the Commonwealth.

(5)
This Part applies to and in relation to a sketch, plan, photograph, model, cipher, note, document or article by whomsoever it is made and whatsoever information it contains.