Crimes Regulations 2019

Schedule 1 - Forms  

Note:

See sections 5 and 6.

Form 1 - Document relating to other offences to be taken into account


Commonwealth of Australia  
Crimes Act 1914  
FORM FOR THE PURPOSES OF SECTION 16BA  
  [ast_1]

omit if inapplicable

Branch Office of the Director of Public Prosecutions
  [ast_1]

omit if inapplicable

Regional Office of the Attorney-General ' s Department

Information for Defendant

[1]

insert address

TO:       [2]

insert name of defendant

1. You are charged with the following federal [ast_1]

omit if inapplicable

offence/ [ast_1]

omit if inapplicable

offences:
  • (a)       [3]

    insert details of offences

    ;
  • (b)       [3]

    insert details of offences

    ;
     
    before the       [4]

    insert name of court

    .
  • 2. The list at the end of this document gives particulars of       [5]

    insert number of offences listed

    other [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences which you are believed to have committed.

    3. If you are convicted of [ast_1]

    omit if inapplicable

    the charge/ [ast_1]

    omit if inapplicable

    any of the charges mentioned above and before sentence is passed, you may:
  • (a) if:
  • (i) the court decides; and
  • (ii) the prosecution agrees;
     
    admit all or any of the offences specified in the list at the end of this document; and
  • (b) ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences of which you have been convicted.
  • 4. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for [ast_1]

    omit if inapplicable

    the offence/ [ast_1]

    omit if inapplicable

    any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.

    5. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence. Rights of appeal are available in relation to an order as if it had been made on the conviction for the offence.

    6. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.

    7. If:

  • (a) in the circumstances mentioned in paragraph 6, proceedings are taken or continued against you for an offence that you have admitted; or
  • (b) the court does not for any reason take any one or more of the offences that you have admitted into account;
     
    your admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed at the end of this document.
  •       [6]

    signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903

    [ast_1]

    omit if inapplicable

          [7]

    insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903

    [ast_1]

    omit if inapplicable

    Director of Public Prosecutions/ [ast_1]

    omit if inapplicable

    A person authorised by the Director of Public Prosecutions under subsection 16BA(1) of the Crimes Act 1914 / [ast_1]

    omit if inapplicable

    A person appointed under section 69 of the Judiciary Act 1903

          [8]

    insert date

    Acknowledgement

    I,       [2]

    insert name of defendant

    , acknowledge receipt of a copy of this document.

          [9]

    signature of defendant

          [8]

    insert date

    Certificate

    This is to certify that the court has taken into account the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences admitted by       [2]

    insert name of defendant

    which are numbered       [10]

    insert the number of each offence taken into account

    in the list at the end of this document in respect of the [ast_1]

    omit if inapplicable

    conviction/ [ast_1]

    omit if inapplicable

    convictions for the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences listed in paragraph 1 above of which       [2]

    insert name of defendant

    has been convicted.

    Dated       [8]

    insert date

    .

          [11]

    signature of judge or magistrate

    [ast_1]

    omit if inapplicable

    Judge of       [4]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate

    Crimes Act 1914 , section 16BA

    Offences which you are believed to have committed


    Item number Place where offence was committed Date of offence Brief description of offence
                           

    Form 2 - Warrant authorising the detention of a person where parole or licence automatically revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of judge or magistrate

    , [ast_1]

    omit if inapplicable

    a Judge of       [4]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate, under paragraph 19AS(1)(c) of the Crimes Act 1914 :
  • (a) authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that prison, together with this warrant; and
  • (b) authorise the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and detain that person to undergo imprisonment for the [ast_1]

    omit if inapplicable

    term/ [ast_1]

    omit if inapplicable

    terms of the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    sentences of imprisonment specified in the Schedule.
  • This warrant is issued because       [5]

    insert full name of person

    is a person:
  • (a) who is serving or is to serve a federal sentence or sentences within the meaning of Part IB of the Crimes Act 1914 ; and
  • (b) who was released on parole or licence under that Act; and
  • (c) whose parole or licence is taken to have been revoked under section 19AQ of that Act, because of the imposition of one or more further federal, State or Territory sentences; and
  • (d) who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that the person had not served at the time of the person ' s release.
  • SCHEDULE

    DETAILS OF [ast_1]

    omit if inapplicable

    SENTENCE/ [ast_1]

    omit if inapplicable

    SENTENCES TO BE SERVED

          [1]

    insert State or Territory

          [6]

    insert details of each outstanding sentence commencing with the longest outstanding sentence

          [2]

    insert name of prison

          [3]

    insert full name of judge or magistrate

    Dated       [7]

    insert date

    .

          [8]

    signature of judge or magistrate

    [ast_1]

    omit if inapplicable

    Judge of       [4]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate

    Form 3 - Notice of proposed revocation of parole order or licence

    Commonwealth of Australia

    Crimes Act 1914

    NOTICE OF REVOCATION UNDER SUBSECTION 19AU(2)

    To       [1]

    insert full name of person

    , a person to whom [ast_1]

    omit if inapplicable

    a parole order under section 19AL / [ast_1]

    omit if inapplicable

    a licence under section 19AP of the Crimes Act 1914 relates:

    I,       [2]

    insert full name of Attorney-General

    , Attorney-General of the Commonwealth of Australia, under subsection 19AU(2) of the Crimes Act 1914 , notify you that:
  • [ast_1]

    omit if inapplicable

    (a) you have not complied with the following [ast_1]

    omit if inapplicable

    condition/ [ast_1]

    omit if inapplicable

    conditions of your [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence:
  • (i)       [3]

    list details of each condition which has allegedly been breached

    ;
  • (ii)       [3]

    list details of each condition which has allegedly been breached

    ; and
  • [ast_1]

    omit if inapplicable

    (a) I have reasonable grounds to suspect that you have not complied with the following [ast_1]

    omit if inapplicable

    condition/ [ast_1]

    omit if inapplicable

    conditions of your [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence:
  • (i)       [3]

    list details of each condition which has allegedly been breached

    ;
  • (ii)       [3]

    list details of each condition which has allegedly been breached

    ; and
  • (b) I propose to revoke that [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence at the end of 14 days after the date of this notice unless:
  • (i) before then, you give me reasons, in writing, why the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence should not be revoked; and
  • (ii) I accept those reasons.
  • This notice has been issued because

    [ast_1]

    omit if inapplicable

          [1]

    insert full name of person

    failed to comply with [ast_1]

    omit if inapplicable

    a condition/ [ast_1]

    omit if inapplicable

    conditions of the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence during the [ast_1]

    omit if inapplicable

    parole period/ [ast_1]

    omit if inapplicable

    licence period.

    [ast_1]

    omit if inapplicable

    there are reasonable grounds for suspecting that       [1]

    insert full name of person

    has failed to comply with [ast_1]

    omit if inapplicable

    a condition/ [ast_1]

    omit if inapplicable

    conditions of the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence during the [ast_1]

    omit if inapplicable

    parole period/ [ast_1]

    omit if inapplicable

    licence period.

    Dated       [4]

    insert date

    .

    [5]

    signature of Attorney-General

    Attorney-General

    Form 4 - Warrant for arrest where parole order or licence has been revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT FOR ARREST UNDER SUBSECTION 19AV(2)

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    I,       [2]

    insert full name of prescribed authority

    ,       [3]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under subsection 19AV(2) of that Act, authorise and request you to arrest       [4]

    insert full name of person

    and bring that person, as soon as practicable, before a magistrate in the [ast_1]

    omit if inapplicable

    State/ [ast_1]

    omit if inapplicable

    Territory in which that person is arrested to be dealt with according to law.

    This warrant is issued because:

  • (a) the [ast_1]

    omit if inapplicable

    Attorney-General/ [ast_1]

    omit if inapplicable

    Director of Public Prosecutions has applied under subsection 19AV(2) of the Crimes Act 1914 for the issue of this warrant; and
  • (b) I am satisfied that the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence relating to       [4]

    insert full name of person

    has been revoked under section 19AU of that Act.
  • Dated       [5]

    insert date

    .

    [6]

    signature of prescribed authority

    [3]

    insert designation of prescribed authority

    Form 5 - Warrant authorising detention where parole order or licence has been revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 19AW(1) AUTHORISING THE DETENTION OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    ,       a prescribed authority within the meaning of Part IB of the Crimes Act 1914 :
  • (a) under paragraph 19AW(1)(d) of that Act authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that prison, together with this warrant; and
  • (b) under paragraph 19AW(1)(e) of that Act direct the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    to detain       [5]

    insert full name of person

    to undergo imprisonment for the [ast_1]

    omit if inapplicable

    term/ [ast_1]

    omit if inapplicable

    terms of the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    sentences of imprisonment specified in the Schedule [ast_1]

    omit if inapplicable

    ./ [ast_1]

    omit if inapplicable

    ; and
  • [ast_1]

    omit if inapplicable

    (c) under paragraph 19AW(1)(f) of that Act fix the non-parole period in respect of the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    sentences at       [6]

    insert length of non-parole period

    .
  • This warrant is issued because:

  • (a) the Attorney-General, under section 19AU of the Crimes Act 1914 , has revoked the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence relating to       [5]

    insert full name of person

    ; and
  • [ast_1]

    omit if inapplicable

    (b) I am satisfied that:
  • (i)       [5]

    insert full name of person

    is the person named in that revocation order; and
  • (ii)       [5]

    insert full name of person

    was notified by the Attorney-General of the proposal to make the revocation order; and
  • (iii) the revocation order is still in force.
  • SCHEDULE

    DETAILS OF [ast_1]

    omit if inapplicable

    SENTENCE/ [ast_1]

    omit if inapplicable

    SENTENCES TO BE SERVED

    [7]

    insert particulars of the unserved part of each outstanding sentence

    Dated       [8]

    insert date

    .

    [9]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 6 - Warrant authorising the remand of a person where parole order or licence has been revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 19AW(2) AUTHORISING THE REMAND OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    ,       a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under subsection 19AW(2) of that Act:
  • (a) authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that prison, together with this warrant; and
  • (b) authorise the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and keep that person until       [6]

    insert time and date

    when that officer is to have that person brought before this court at       [7]

    insert address of court

    .
  • This warrant is issued because:

  • (a) a hearing under subsection 19AW(1) of the Crimes Act 1914 is not completed; and
  • (b) I am satisfied that it is necessary to remand       [5]

    insert full name of person

    in custody.
  • Dated       [8]

    insert date

    .

    [9]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 7 - Order for the detention of a person where parole order or licence has been revoked

    Commonwealth of Australia

    Crimes Act 1914

    ORDER UNDER PARAGRAPH 19AX(1)(b) FOR THE DETENTION OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    ,       a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under paragraph 19AX(1)(b) of that Act:
  • (a) authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that prison, together with this warrant; and
  • (b) direct the officer in charge of       [2]

    insert name of prison

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and detain that person until:
  • (i) the Attorney-General orders that the revocation order under subsection 19AU(1) of that Act be rescinded; or
  • (ii) the completion of proceedings under subsection 19AW(1) of that Act.
  • This warrant is issued because:

  • (a) the Attorney-General, under subsection 19AU(1) of the Crimes Act 1914 , has revoked the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence relating to       [5]

    insert full name of person

    ; and
  • (b) I am satisfied that       [5]

    insert full name of person

    is the person named in that revocation order; and
  • (c) I am not satisfied that       [5]

    insert full name of person

    was notified by the Attorney-General of the proposal to make the revocation order.
  • Dated       [6]

    insert date

    .

    [7]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 8 - Notification of breach of conditions where parole order or licence has been revoked

    Commonwealth of Australia

    Crimes Act 1914

    NOTIFICATION OF BREACH UNDER SUBSECTION 19AX(2)

    TO:       [1]

    insert full name of person

    , a person subject to a revocation order under subsection 19AU(1) of the Crimes Act 1914 :

    I,       [2]

    insert full name of Attorney-General

    , Attorney-General of the Commonwealth of Australia, under subsection 19AX(2) of the Crimes Act 1914 :
  • [ast_1]

    omit if inapplicable

    (a) notify you that you have not complied with the following [ast_1]

    omit if inapplicable

    condition/ [ast_1]

    omit if inapplicable

    conditions of your [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence:
  • (i)       [3]

    list details of each condition which has allegedly been breached

    ;
  • (ii)       [3]

    list details of each condition which has allegedly been breached

    ; and
  • [ast_1]

    omit if inapplicable

    (a) notify you that I have reasonable grounds to suspect that you have not complied with the following [ast_1]

    omit if inapplicable

    condition/ [ast_1]

    omit if inapplicable

    conditions of your [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence:
  • (i)       [3]

    list details of each condition which has allegedly been breached

    ;
  • (ii)       [3]

    list details of each condition which has allegedly been breached

    ; and
  • (b) request that you give me, within 14 days after the date of this notice, reasons, in writing, why the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence should not have been revoked.
  • I do not propose to rescind the revocation of the [ast_1]

    omit if inapplicable

    parole order/ [ast_1]

    omit if inapplicable

    licence unless you give me reasons and I accept them.

    This notice has been issued because:

  • (a) I have been notified by       [4]

    insert full name and designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , that       [1]

    insert full name of person

    has been brought before that authority; and
  • (b)       [4]

    insert full name and designation of prescribed authority

    is not satisfied that       [1]

    insert full name of person

    was notified by me under subsection 19AU(2) of that Act that I proposed to make the revocation order.
  • Dated       [5]

    insert date

    .

    [6]

    signature of Attorney-General

    Attorney-General

    Form 9 - Summons to appear

    Commonwealth of Australia

    Crimes Act 1914

    SUMMONS UNDER SUBSECTION 19AZ(2)

    TO:       [1]

    insert name and address of witness

    You are summoned under subsection 19AZ(2) of the Crimes Act 1914 to appear before the       [2]

    insert name of court

    at       [3]

    insert address of court

    at       [4]

    insert time and date

    and to attend from day to day, unless you are excused or released from attendance, to give evidence [ast_1]

    omit if inapplicable

    and/ [ast_1]

    omit if inapplicable

    to produce the following [ast_1]

    omit if inapplicable

    documents/ [ast_1]

    omit if inapplicable

    and/ [ast_1]

    omit if inapplicable

    articles:

          [5]

    insert details of documents or articles

          [1]

    insert name and address of witness

    .

          [5]

    insert details of documents or articles

    .

          [2]

    insert name of court

    .

    Dated       [6]

    insert date

    .

    [7]

    signature of prescribed authority

    [8]

    designation of prescribed authority

    Note

    If you are served with a summons under subsection 19AZ(2) of the Crimes Act 1914 and then fail to attend as required by the summons without a reasonable excuse, you may have committed an offence and may be liable, on conviction, to a fine not exceeding 10 penalty units.

    Form 10 - Order and recognisance where discharge without conviction

    Commonwealth of Australia

    Crimes Act 1914

    ORDER AND RECOGNISANCE UNDER SECTION 19B

    IN THE       [1]

    insert name of court

    AT       [2]

    insert location of court

    IN THE [ast_1]

    omit if inapplicable

    STATE OF       [3]

    insert State or Territory

    BETWEEN:

    [4]

    insert name of informant or appellant

    ( [ast_1]

    omit if inapplicable

    Informant/ [ast_1]

    omit if inapplicable

    Appellant)

    -and-

    [5]

    insert name of defendant or respondent

    ( [ast_1]

    omit if inapplicable

    Defendant/ [ast_1]

    omit if inapplicable

    Respondent)

    ORDER

    THE COURT DISCHARGES the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant giving security [ast_1]

    omit if inapplicable

    with [ast_1]

    omit if inapplicable

    surety/ [ast_1]

    omit if inapplicable

    sureties of $       [6]

    insert amount of surety or sureties

    by recognisance of $       [7]

    insert amount of recognisance

    to comply with the following conditions:
  • (a) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to be of good behaviour for       [8]

    insert period

    [ast_1]

    omit if inapplicable

    months/ [ast_1]

    omit if inapplicable

    years;
  • [ast_1]

    omit if inapplicable

    (b) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to [ast_1]

    omit if inapplicable

    make reparation/ [ast_1]

    omit if inapplicable

    make restitution/ [ast_1]

    omit if inapplicable

    pay compensation of $       [9]

    insert amount

    to       [10]

    insert to whom amount is to be paid

    [ast_1]

    omit if inapplicable

    by       [11]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [12]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (c) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to pay costs of this prosecution for the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences specified below of $       [9]

    insert amount

    to       [10]

    insert to whom amount is to be paid

    [ast_1]

    omit if inapplicable

    by       [11]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [12]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (d) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to comply with the following further conditions:
  • (i)       [13]

    insert details of further conditions, including period

    ;
  • (ii)       [13]

    insert details of further conditions, including period

    .
  • This Order has been issued because:

  • [ast_1]

    omit if inapplicable

    (a) the appellant,       [14]

    insert name of defendant or appellant

    of       [15]

    insert address of defendant or appellant

    , appealed to this court against the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    conviction and sentence imposed by the       [2]

    insert location of court

    Magistrates ' Court on       [16]

    insert address of defendant or appellant

    in respect of the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [17]

    insert details of offences

    ;
  • (ii)       [17]

    insert details of offences

    ; and
  • [ast_1]

    omit if inapplicable

    (a) the defendant,       [14]

    insert name of defendant or appellant

    of       [15]

    insert address of defendant or appellant

    , was charged with the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [17]

    insert details of offences

    ;
  • (ii)       [17]

    insert details of offences

    ; and
  • (b) the court is satisfied that the [ast_1]

    omit if inapplicable

    charge is/ [ast_1]

    omit if inapplicable

    charges are proved, but is of the opinion, having regard to:
  • (i) the character, antecedents, age, health or mental condition of the person; or
  • (ii) the extent to which the [ast_1]

    omit if inapplicable

    offence is/ [ast_1]

    omit if inapplicable

    offences are of a trivial nature; or
  • (iii) the extent to which the [ast_1]

    omit if inapplicable

    offence was/ [ast_1]

    omit if inapplicable

    offences were committed under extenuating circumstances;
     
    that [ast_1]

    omit if inapplicable

    it is inexpedient to inflict [ast_1]

    omit if inapplicable

    any punishment/ [ast_1]

    omit if inapplicable

    any punishment other than a nominal punishment./ [ast_1]

    omit if inapplicable

    it is expedient to release the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant on probation.
  • Dated       [16]

    insert address of defendant or appellant

    .

    [18]

    signature of judge, magistrate, registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Judge of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate/ [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    RECOGNISANCE

    I,       [14]

    insert name of defendant or appellant

    , the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant:
  • (a) have had explained to me:
  • (i) the purpose and effect of this Order; and
  • (ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and
  • (iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914 ; and
  • (b) agree that I am bound in accordance with this Order; and
  • (c) agree that I have been given a copy of this Order.
  • Dated       [16]

    insert address of defendant or appellant

    .

    [19]

    insert signature of defendant or appellant

    Before me:

    [20]

    signature of registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    UNDERTAKING BY [ast_1]

    omit if inapplicable

    SURETY/ [ast_1]

    omit if inapplicable

    SURETIES

    I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant fails to comply with a condition of this Order.

    I agree that I have been given a copy of this Order.

    First Surety:       [21]

    signature of surety

    Name:       [22]

    insert full name of surety

    Address:       [23]

    insert address of surety

    Second Surety:       [21]

    signature of surety

    Name:       [22]

    insert full name of surety

    Address:       [23]

    insert address of surety

    Form 11 - Order and recognisance where release without passing sentence

    Commonwealth of Australia

    Crimes Act 1914

    ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)

    IN THE       [1]

    insert name of court

    AT       [2]

    insert location of court

    IN THE       [ast_1]

    omit if inapplicable

    STATE OF [3]

    insert State or Territory

    BETWEEN:

    [4]

    insert name of informant or appellant

    ( [ast_1]

    omit if inapplicable

    Informant/ [ast_1]

    omit if inapplicable

    Appellant)

    -and-

    [5]

    insert name of defendant or respondent

    ( [ast_1]

    omit if inapplicable

    Defendant/ [ast_1]

    omit if inapplicable

    Respondent)

    ORDER

    THE COURT ORDERS the release of the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant under paragraph 20(1)(a) of the Crimes Act 1914 without passing sentence on the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant upon the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant giving security [ast_1]

    omit if inapplicable

    with [ast_1]

    omit if inapplicable

    surety/ [ast_1]

    omit if inapplicable

    sureties of $       [6]

    insert amount of surety or sureties

    by recognisance of $       [7]

    insert amount of recognisance

    to comply with the following conditions:
  • (a) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to be of good behaviour for       [8]

    insert period

    [ast_1]

    omit if inapplicable

    months/ [ast_1]

    omit if inapplicable

    years;
  • [ast_1]

    omit if inapplicable

    (b) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to [ast_1]

    omit if inapplicable

    make reparation/ [ast_1]

    omit if inapplicable

    make restitution/ [ast_1]

    omit if inapplicable

    pay compensation of $       [9]

    insert amount

    to       [10]

    insert to whom amount is to be paid

    [ast_1]

    omit if inapplicable

    by       [11]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [12]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (c) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to pay costs of this prosecution for the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences specified below of $       [9]

    insert amount

    to       [10]

    insert to whom amount is to be paid

    [ast_1]

    omit if inapplicable

    by       [11]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [12]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (d) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to pay to the Commonwealth a pecuniary penalty of $       [9]

    insert amount

    to       [13]

    insert to whom penalty is to be paid

    [ast_1]

    omit if inapplicable

    by       [11]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [12]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (e) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to comply with the following further conditions:
  • (i)       [14]

    insert details of further conditions, including period

    ;
  • (ii)       [14]

    insert details of further conditions, including period

    .
  • This Order has been issued because:

  • [ast_1]

    omit if inapplicable

    (a) the appellant,       [15]

    insert name of defendant or appellant

    of       [16]

    insert address of defendant or appellant

    , appealed to this court against the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    conviction and sentence imposed by the       [2]

    insert location of court

    Magistrates ' Court on       [17]

    insert date

    in respect of the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [18]

    insert details of offences

    ;
  • (ii)       [18]

    insert details of offences

    ; and
  • [ast_1]

    omit if inapplicable

    (a) the defendant,       [15]

    insert name of defendant or appellant

    of       [16]

    insert address of defendant or appellant

    , was charged with the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [18]

    insert details of offences

    ;
  • (ii)       [18]

    insert details of offences

    ; and
  • (b) the court has convicted the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant of the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences; and
  • (c) the court has decided to release the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant without passing sentence on the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant if the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant complies with the conditions of this Order.
  • Dated       [17]

    insert date

    .

    [19]

    signature of judge, magistrate, registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Judge of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate/ [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    /

    [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    RECOGNISANCE

    I,       [15]

    insert name of defendant or appellant

    , the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant:
  • (a) have had explained to me:
  • (i) the purpose and effect of this Order; and
  • (ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and
  • (iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914 ; and
  • (b) agree that I am bound in accordance with this Order; and
  • (c) agree that I have been given a copy of this Order.
  • Dated       [17]

    insert date

    .

    [20]

    insert signature of defendant or appellant

    Before me:

    [21]

    signature of registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    UNDERTAKING BY [ast_1]

    omit if inapplicable

    SURETY/ [ast_1]

    omit if inapplicable

    SURETIES

    I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant fails to comply with a condition of this Order.

    I agree that I have been given a copy of this Order.

    First Surety:       [22]

    signature of surety

    Name:       [23]

    insert full name of surety

    Address:       [24]

    insert address of surety

    Second Surety:       [22]

    signature of surety

    Name:       [23]

    insert full name of surety

    Address:       [24]

    insert address of surety

    Form 12 - Order and recognisance where sentenced

    Commonwealth of Australia

    Crimes Act 1914

    ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(b)

    IN THE       [1]

    insert name of court

    AT       [2]

    insert location of court

    IN THE [ast_1]

    omit if inapplicable

    STATE OF       [3]

    insert State or Territory

    BETWEEN:

    [4]

    insert name of informant or appellant

    ( [ast_1]

    omit if inapplicable

    Informant/ [ast_1]

    omit if inapplicable

    Appellant)

    -and-

    [5]

    insert name of defendant or respondent

    ( [ast_1]

    omit if inapplicable

    Defendant/ [ast_1]

    omit if inapplicable

    Respondent)

    ORDER

    THE COURT ORDERS the release of the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant under paragraph 20(1)(b) of the Crimes Act 1914 [ast_1]

    omit if inapplicable

    after serving       [6]

    insert number of months

    [ast_1]

    omit if inapplicable

    month/ [ast_1]

    omit if inapplicable

    months of the term of imprisonment/ [ast_1]

    omit if inapplicable

    forthwith upon the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant giving security [ast_1]

    omit if inapplicable

    with [ast_1]

    omit if inapplicable

    surety/ [ast_1]

    omit if inapplicable

    sureties of $       [7]

    insert amount of surety or sureties

    by recognisance of $       [8]

    insert amount of recognisance

    to comply with the following conditions:
  • (a) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to be of good behaviour for       [9]

    insert period

    [ast_1]

    omit if inapplicable

    months/ [ast_1]

    omit if inapplicable

    years;
  • [ast_1]

    omit if inapplicable

    (b) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to [ast_1]

    omit if inapplicable

    make reparation/ [ast_1]

    omit if inapplicable

    make restitution/ [ast_1]

    omit if inapplicable

    pay compensation of $       [10]

    insert amount

    to       [11]

    insert to whom amount is to be paid

    [ast_1]

    omit if inapplicable

    by       [12]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [13]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (c) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to pay costs of this prosecution for the [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences specified below of $       [10]

    insert amount

    to       [11]

    insert to whom amount is to be paid

    by       [12]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [13]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (d) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to pay to the Commonwealth a pecuniary penalty of $       [10]

    insert amount

    to       [14]

    insert to whom penalty is to be paid

    [ast_1]

    omit if inapplicable

    by       [12]

    insert date by which amount must be paid

    / [ast_1]

    omit if inapplicable

    by instalments of $       [13]

    insert details of instalments

    ;
  • [ast_1]

    omit if inapplicable

    (e) that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant is to comply with the following further conditions:
  • (i)       [15]

    insert details of further conditions, including period

    ;
  • (ii)       [15]

    insert details of further conditions, including period

    .
  • This Order has been issued because:

  • [ast_1]

    omit if inapplicable

    (a) the appellant,       [16]

    insert name of defendant or appellant

    of       [17]

    insert address of defendant or appellant

    , appealed to this court against the [ast_1]

    omit if inapplicable

    sentence/ [ast_1]

    omit if inapplicable

    conviction and sentence imposed by the       [2]

    insert location of court

    Magistrates ' Court on       [18]

    insert date

    in respect of the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [19]

    insert details of offences

    ;
  • (ii)       [19]

    insert details of offences

    ; and
  • [ast_1]

    omit if inapplicable

    (a) the defendant,       [16]

    insert name of defendant or appellant

    of       [17]

    insert address of defendant or appellant

    , was charged with the following federal [ast_1]

    omit if inapplicable

    offence/ [ast_1]

    omit if inapplicable

    offences:
  • (i)       [19]

    insert details of offences

    ;
  • (ii)       [19]

    insert details of offences

    ; and
  • (b) the Court has sentenced the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant to a term of imprisonment; and
  • (c) the Court has decided that the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant be released [ast_1]

    omit if inapplicable

    after serving [6]

    insert number of months

    [ast_1]

    omit if inapplicable

    month/ [ast_1]

    omit if inapplicable

    months of the sentence/ [ast_1]

    omit if inapplicable

    forthwith if the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant complies with the conditions of this Order.
  • Dated       [18]

    insert date

    .

    [20]

    signature of judge, magistrate, registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Judge of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Magistrate/ [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    RECOGNISANCE

    I,       [16]

    insert name of defendant or appellant

    , the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant:
  • (a) have had explained to me:
  • (i) the purpose and effect of this Order; and
  • (ii) the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and
  • (iii) that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914 ; and
  • (b) agree that I am bound in accordance with this Order; and
  • (c) agree that I have been given a copy of this Order.
  • Dated       [18]

    insert date

    .

    [21]

    signature of defendant or appellant

    Before me:

    [22]

    signature of registrar, clerk or justice of the peace

    [ast_1]

    omit if inapplicable

    Registrar of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Clerk of       [1]

    insert name of court

    / [ast_1]

    omit if inapplicable

    Justice of the Peace

    UNDERTAKING BY [ast_1]

    omit if inapplicable

    SURETY/ [ast_1]

    omit if inapplicable

    SURETIES

    I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the [ast_1]

    omit if inapplicable

    defendant/ [ast_1]

    omit if inapplicable

    appellant fails to comply with a condition of this Order.

    I agree that I have been given a copy of this Order.

    First Surety:       [23]

    signature of surety

    Name:       [24]

    insert full name of surety

    Address:       [25]

    insert address of surety

    Second Surety:       [23]

    signature of surety

    Name:       [24]

    insert full name of surety

    Address:       [25]

    insert address of surety

    Form 13 - Warrant under paragraph 20BF(3)(b) of the Act for arrest where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT FOR ARREST UNDER PARAGRAPH 20BF(3)(b)

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    I,       [2]

    insert full name of prescribed authority

    ,       [3]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under paragraph 20BF(3)(b) of that Act, authorise and request you to arrest       [4]

    insert full name of person

    and bring that person, as soon as practicable, before a magistrate in the [ast_1]

    omit if inapplicable

    State/ [ast_1]

    omit if inapplicable

    Territory in which that person is arrested to be dealt with according to law.

    This warrant is issued because:

  • (a) the Attorney-General, under section 20BE of the Crimes Act 1914 , ordered that       [4]

    insert full name of person

    be released from detention; and
  • (b) the Attorney-General, under subsection 20BF(1) of that Act, has revoked that release order.
  • Dated       [5]

    insert date

    .

    [6]

    signature of prescribed authority

    [3]

    insert designation of prescribed authority

    Form 14 - Warrant under subsection 20BF(5) of the Act authorising the detention of a person where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 20BF(5) AUTHORISING THE DETENTION OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 :
  • (a) under paragraph 20BF(5)(c) of that Act authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that [ast_1]

    omit if inapplicable

    prison/ [ast_1]

    omit if inapplicable

    hospital, together with this warrant; and
  • (b) under paragraph 20BF(5)(d) of that Act direct the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    to detain       [5]

    insert full name of person

    for the period of       [6]

    insert period

    .
  • This warrant is issued because:

  • (a) the Attorney-General, under subsection 20BF(1) of the Crimes Act 1914 , has revoked the release order relating to       [5]

    insert full name of person

    ; and
  • (b) I am satisfied that:
  • (i)       [5]

    insert full name of person

    is the person named in the instrument revoking the release order; and
  • (ii) the release order has been revoked and the revocation is still in force.
  • Dated       [7]

    insert date

    .

    [8]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 15 - Warrant under subsection 20BF(6) of the Act authorising the remand of a person where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 20BF(6) AUTHORISING THE REMAND OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under subsection 20BF(6) of that Act:
  • (a) authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that [ast_1]

    omit if inapplicable

    prison/ [ast_1]

    omit if inapplicable

    hospital, together with this warrant; and
  • (b) authorise the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and keep that person until       [6]

    insert time and date

    when that officer is to have that person brought before this court at       [7]

    insert address of court

    .
  • This warrant is issued on the basis that:

  • (a)       [5]

    insert full name of person

    has been brought before me under subsection 20BF(4) of the Crimes Act 1914 ; and
  • (b) I have not completed the hearing under subsection 20BF(5) of that Act.
  • Dated       [8]

    insert date

    .

    [9]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 16 - Warrant under paragraph 20BM(3)(b) of the Act for arrest where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT FOR ARREST UNDER SUBSECTION 20BM(3)

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    I,       [2]

    insert full name of prescribed authority

    ,       [3]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under paragraph 20BM(3)(b) of that Act, authorise and request you to arrest       [4]

    insert full name of person

    and bring that person, as soon as practicable, before a magistrate in the [ast_1]

    omit if inapplicable

    State/ [ast_1]

    omit if inapplicable

    Territory in which that person is arrested to be dealt with according to law.

    This warrant is issued because:

  • (a) the Attorney-General under section [ast_1]

    omit if inapplicable

    20BL/ [ast_1]

    omit if inapplicable

    20BT of the Crimes Act 1914 , ordered that       [4]

    insert full name of person

    be released from detention; and
  • (b) the release order relating to       [4]

    insert full name of person

    has been revoked.
  • Dated       [5]

    insert date

    .

    [6]

    signature of prescribed authority

    [3]

    insert designation of prescribed authority

    Form 17 - Warrant under subsection 20BM(5) of the Act authorising the detention of a person where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 20BM(5) AUTHORISING THE DETENTION OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 :
  • (a) under paragraph 20BM(5)(c) of that Act authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that [ast_1]

    omit if inapplicable

    prison/ [ast_1]

    omit if inapplicable

    hospital, together with this warrant; and
  • (b) under paragraph 20BM(5)(d) of that Act direct the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and detain that person for the period of       [6]

    insert period

    .
  • This warrant is issued because:

  • (a) the Attorney-General, under subsection 20BM(1) of the Crimes Act 1914 , has revoked the release order relating to       [5]

    insert full name of person

    ; and
  • (b) I am satisfied that:
  • (i)       [5]

    insert full name of person

    is the person named in the instrument revoking the release order; and
  • (ii) the release order has been revoked and the revocation is still in force.
  • Dated       [7]

    insert date

    .

    [8]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 18 - Warrant under subsection 20BM(6) of the Act authorising the remand of a person where release order revoked

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT UNDER SUBSECTION 20BM(6) AUTHORISING THE REMAND OF A PERSON

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    AND to the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    :

    I,       [3]

    insert full name of prescribed authority

    ,       [4]

    insert designation of prescribed authority

    , a prescribed authority within the meaning of Part IB of the Crimes Act 1914 , under subsection 20BM(6) of that Act:
  • (a) authorise those members in       [1]

    insert State or Territory

    to take       [5]

    insert full name of person

    to       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    and deliver that person to the officer in charge of that [ast_1]

    omit if inapplicable

    prison/ [ast_1]

    omit if inapplicable

    hospital, together with this warrant; and
  • (b) authorise the officer in charge of       [2]

    insert name of prison or hospital

    in       [1]

    insert State or Territory

    to receive       [5]

    insert full name of person

    into custody and keep that person until       [6]

    insert time and date

    when that officer is to have that person brought before this court at       [7]

    insert address of court

    .
  • This warrant is issued on the basis that:

  • (a)       [5]

    insert full name of person

    has been brought before me under subsection 20BM(4) of the Crimes Act 1914 ; and
  • (b) I have not completed the hearing under subsection 20BM(5) of that Act.
  • Dated       [8]

    insert date

    .

    [9]

    signature of prescribed authority

    [4]

    insert designation of prescribed authority

    Form 19 - Summons in relation to breach of psychiatric probation order or program probation order

    Commonwealth of Australia

    Crimes Act 1914

    SUMMONS UNDER PARAGRAPH 20BW(1)(a)

    IN THE       [1]

    insert name of court

    AT       [2]

    insert location of court

    IN THE [ast_1]

    omit if inapplicable

    STATE OF       [3]

    insert State or Territory

    [4]

    insert name of informant

    (Informant)

    -and-

    [5]

    insert name of defendant

    (Defendant)

    To:       [6]

    insert name of person

    You are summoned under paragraph 20BW(1)(a) of the Crimes Act 1914 to appear before the       [7]

    insert name of court

    at       [8]

    insert address of court

    at       [9]

    insert time and date

    to answer the information alleging the breach of the following [ast_1]

    omit if inapplicable

    condition/ [ast_1]

    omit if inapplicable

    conditions of the order under section [ast_1]

    omit if inapplicable

    20BV / [ast_1]

    omit if inapplicable

    20BY of that Act:
  • (a)       [10]

    list details of alleged breaches of conditions

    ;
  • (b)       [10]

    list details of alleged breaches of conditions

    ;
     
    and to be further dealt with according to law.
  • Dated       [11]

    insert date

    .

    [12]

    signature of magistrate

    [13]

    designation of magistrate

    Form 20 - Warrant in relation to breach of psychiatric probation order or program probation order

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT FOR ARREST UNDER PARAGRAPH 20BW(1)(b)

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    I,       [2]

    insert full name of magistrate

    ,       [3]

    insert designation of magistrate

    , under [ast_1]

    omit if inapplicable

    paragraph 20BW(1)(b) of the Crimes Act 1914 :
  • (a) authorise and request you to arrest       [4]

    insert full name of person

    and bring that person, as soon as practicable, before this court; and
  • (b) authorise you to detain       [4]

    insert full name of person

    in custody until dealt with according to law.
  • This warrant is issued because:

  • (a) an order under section [ast_1]

    omit if inapplicable

    20BV / [ast_1]

    omit if inapplicable

    20BY of the Crimes Act 1914 has been made in relation to       [4]

    insert full name of person

    ; and
  • (b) information has been laid on oath before me of the following [ast_1]

    omit if inapplicable

    breach/ [ast_1]

    omit if inapplicable

    breaches of the conditions of the order without reasonable excuse:
  • (i)       [5]

    list details of alleged breaches of conditions

    ;
  • (ii)       [5]

    list details of alleged breaches of conditions

    ; and
  • (c) I am of the opinion that proceedings against       [4]

    insert full name of person

    by summons might not be effective.
  • Dated       [6]

    insert date

    .

    [7]

    signature of magistrate

    [4]

    insert full name of person

    Form 21 - Warrant for arrest in relation to breach of psychiatric probation order or program probation order

    Commonwealth of Australia

    Crimes Act 1914

    WARRANT FOR ARREST UNDER SUBSECTION 20BW(2)

    TO: [ast_1]

    omit if inapplicable

    all members and special members of the Australian Federal Police:/ [ast_1]

    omit if inapplicable

    all members of the police force of       [1]

    insert State or Territory

    :

    I,       [2]

    insert full name of magistrate

    ,       [3]

    insert designation of magistrate

    , under subsection 20BW(2) of the Crimes Act 1914 :
  • (a) authorise and request you to arrest       [4]

    insert full name of person

    and bring that person, as soon as practicable, before this court; and
  • (b) authorise you to detain       [4]

    insert full name of person

    in custody until dealt with according to law.
  • This warrant is issued because       [4]

    insert full name of person

    [ast_1]

    omit if inapplicable

    is a person who has been served with a summons issued under subsection 20BW(1) of the Crimes Act 1914 and who has failed to attend before the court as required by the summons.

    [ast_1]

    omit if inapplicable

    is a person who has been admitted to bail under subsection 20BW(4) of the Crimes Act 1914 and who has failed to attend before the court as required by the conditions of the bail.

    Dated       [5]

    insert date

    .

    [6]

    signature of magistrate

    [3]

    insert designation of magistrate

    Form 22 - Certificate in relation to reparation for offences

    Commonwealth of Australia

    Crimes Act 1914

    CERTIFICATE UNDER SUBSECTION 21B(3)

    IN THE       [1]

    insert name of court

    AT       [2]

    insert location of court

    IN THE [ast_1]

    omit if inapplicable

    STATE OF       [3]

    insert State or Territory

    BETWEEN:

    [4]

    insert name of informant

    (Informant)

    -and-

    [5]

    insert name of defendant

    (Defendant)

    I,       [6]

    insert full name of clerk or appropriate officer

    ,       [7]

    insert designation of officer

    , hereby certify that on       [8]

    insert date of order

    the court ordered that       [9]

    insert name of defendant

    is to pay $       [10]

    insert amount

    to       [11]

    insert to whom amount is to be paid

    by       [12]

    insert date by which amount is to be paid

    .

    Dated       [13]

    insert date

    .

    [14]

    signature of clerk or appropriate officer

    [7]

    insert designation of officer

    Note

    You have been convicted of a federal offence under the Crimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction. The court has also ordered you to make reparation to the Commonwealth, a public authority under the Commonwealth or another person by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgment of the court in which it is filed.


     

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