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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 sentence
19AG Non‑parole periods for sentences for certain offences
19AH Failure to fix non‑parole period or make recognizance release order
19AHA Rectification of errors etc. in sentences, non‑parole periods and recognizance release orders
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
Division 5—Conditional release on parole or licence
Subdivision A—Release on parole or licence
19AKA Purposes of parole
19AL Release on parole—making of parole order
19ALA Matters that may be considered in decisions about parole orders
19ALB Decisions about parole orders—terrorism and control orders
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
19APA Amendment of parole orders and licences
19APB Effect of parole order and licence on sentence
Subdivision B—Revocation of parole order or license
19AQ Parole order or licence revoked following further offence
19AR Fixing of non‑parole period etc. where parole or licence taken to be revoked under section 19AQ
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?
Subdivision C—State and Territory laws providing for leave of absence, pre‑release etc.
19AZD State and Territory laws providing for leave of absence, pre‑release etc. to apply to federal offenders
Subdivision D—Discharge without conviction, conditional release and sentencing alternatives
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)
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
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
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
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
Division 9A—Sharing information relevant to federal offenders
20BZ Definitions
20BZA Authorised officers may request or require information relevant to federal offenders
20BZB Authorised officers may disclose federal offender information
20BZC Delegation
Division 10—Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
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
Part IC—Investigation of Commonwealth offences
Division 1—Introduction
23 Outline of this Part
23A Application of Part
23AA How this Part applies to the Antarctic Territories
23B Definitions
Division 2—Powers of detention
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
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
Subdivision C—Miscellaneous
23E Evidentiary provisions if application made by electronic means
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
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
Part IAB—Controlled operations
Division 1—Preliminary
15G Objects of Part
The main objects of this Part are:
(a) to provide for the authorisation, conduct and monitoring of controlled operations; and
(b) to exempt from criminal liability, and to indemnify from civil liability:
(i) law enforcement officers who, in the course of a controlled operation authorised under this Part, take an active part in, or are otherwise involved in, the commission of a Commonwealth offence or an offence against a law of a State or Territory or conduct that may result in a civil liability; and
(ii) certain other persons who, in accordance with the instructions of a law enforcement officer and in the course of a controlled operation authorised under this Part, take an active part in, or are otherwise involved in, the commission of a Commonwealth offence or an offence against a law of a State or Territory or conduct that may result in a civil liability.
15GA Relationship to other laws and matters
(1) Subject to subsection (2) and section 15HZ, this Part is not intended to limit a discretion that a court has:
(a) to admit or exclude evidence in any proceedings; or
(b) to stay criminal proceedings in the interests of justice.
(2) In determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if:
(a) both:
(i) the person was a participant in a controlled operation authorised under this Part acting in the course of the controlled operation; and
(ii) the criminal activity was controlled conduct; or
(b) both:
(i) the person was a participant in an operation authorised under a corresponding State controlled operations law acting in the course of that operation; and
(ii) the criminal activity was conduct constituting an offence for which a person would, but for section 15HH, be criminally responsible.
15GB Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.
15GC Definitions
In this Part:
ACC authorising officer has the meaning given by subsection 15GF(3).
AFP authorising officer has the meaning given by subsection 15GF(2).
appropriate authorising officer, for a controlled operation authorised under this Part, means the following:
(aa) if the controlled operation is a major controlled operation conducted by the Australian Federal Police—the Commissioner or a Deputy Commissioner;
(a) if the controlled operation is not a major controlled operation conducted by the Australian Federal Police—any AFP authorising officer;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer—any ACC authorising officer;
(c) if the authority to conduct the controlled operation was granted by a NACC authorising officer—any NACC authorising officer.
authorising agency, for a controlled operation authorised under this Part, means the following:
(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer—the Australian Federal Police;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer—the ACC;
(c) if the authority to conduct the controlled operation was granted by a NACC authorising officer—the National Anti‑Corruption Commission.
authorising officer has the meaning given by subsection 15GF(1).
authority means an authority (whether formal or urgent) to conduct a controlled operation granted under section 15GI, and includes any such authority as varied.
chief officer means the following:
(a) in relation to the Australian Federal Police—the Commissioner;
(b) in relation to the police force of a State or Territory—the Commissioner of Police in that police force or the person holding equivalent rank;
(c) in relation to the Immigration and Border Protection Department—the Secretary of that Department;
(d) in relation to the ACC—the Chief Executive Officer of the ACC;
(e) in relation to the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner.
civilian participant in a controlled operation means a participant in the controlled operation who is not a law enforcement officer.
conduct has the same meaning as in the Criminal Code.
controlled conduct means conduct constituting an offence for which a person would, but for section 15HA, be criminally responsible.
controlled operation has the meaning given by subsection 15GD(1).
corresponding State controlled operations law means:
(a) a law of a State or Territory; or
(b) a provision or provisions of a law of a State or Territory;
prescribed by the regulations for the purposes of this definition.
disciplinary or legal action, in relation to a staff member of a target agency, means any of the following:
(a) action in respect of alleged misconduct of the staff member;
(b) termination of the employment or appointment of the staff member;
(c) a disciplinary proceeding in relation to the staff member or a report of such a proceeding;
(d) the investigation of an offence suspected to have been committed by the staff member;
(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.
Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.
disciplinary proceeding:
(a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
(b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979.
entrusted person means:
(a) a participant in a controlled operation; or
(b) any of the following:
(i) the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979);
(ii) a member of the police force of a State or Territory;
(iii) a staff member (within the meaning of section 12 of the National Anti‑Corruption Commission Act 2022) of the Immigration and Border Protection Department;
(iv) the Chief Executive Officer of the ACC, a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) or a person appointed under subsection 46B(1) of that Act;
(v) a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or
(c) an officer or staff member of a Commonwealth agency, or a State or Territory government entity, with which the National Anti‑Corruption Commissioner is jointly conducting a corruption investigation under paragraph 41(1)(b) of the National Anti‑Corruption Commission Act 2022, if a controlled operation relates to the investigation; or
(d) an officer (within the meaning of section 35 of the Ombudsman Act 1976); or
(e) a person who has entered into a contract, agreement or arrangement with:
(i) a law enforcement agency; or
(ii) a government agency, or an integrity agency, mentioned in paragraph (c); or
(iii) the Commonwealth Ombudsman;
(other than as a person mentioned in paragraphs (b) to (d)).
exercise a function includes perform a duty.
formal application has the meaning given by paragraph 15GH(2)(a).
formal authority has the meaning given by paragraph 15GJ(1)(a).
formal variation application:
(a) in relation to an application under subsection 15GP(1)—has the meaning given by paragraph 15GP(3)(a); and
(b) in relation to an application under subsection 15GU(1)—has the meaning given by paragraph 15GU(3)(a).
formal variation of authority:
(a) in relation to a variation made by an appropriate authorising officer—has the meaning given by paragraph 15GR(1)(a); and
(b) in relation to a variation made by a nominated Tribunal member—has the meaning given by paragraph 15GW(1)(a).
function includes a power, authority or duty.
integrity testing authority means an authority granted under Part IABA, and includes any such authority as varied.
integrity testing controlled operation authority means an authority granted under section 15GI on the basis that an integrity testing authority is in effect.
Note: See subparagraph 15GI(2)(a)(ii).
law enforcement agency means any of the following:
(a) the Australian Federal Police;
(b) the police force of a State or Territory;
(c) the Immigration and Border Protection Department;
(d) the ACC;
(e) the National Anti‑Corruption Commission.
law enforcement participant in a controlled operation means a participant in the controlled operation who is a law enforcement officer.
major controlled operation has the meaning given by subsection 15GD(2).
NACC authorising officer has the meaning given by subsection 15GF(4).
nominated Tribunal member means a person in respect of whom a nomination under subsection 15GG(1) is in force.