(1) If, on application by the Director of Public Prosecutions to a court of a State or Territory, the court is satisfied that a Commonwealth child sex offence has been committed or that a person is or has been convicted of a Commonwealth child sex offence (by the court or another court), the court must order the forfeiture to the Commonwealth of all the things that the court is satisfied:
(a) are forfeitable things derived from, or used in connection with, the commission of the offence; and
(b) have not already become property of the Commonwealth.
Note 1: It does not matter whether the Director of Public Prosecutions makes the application on his or her own initiative or because of section 23ZB.
Note 2: It does not matter whether the court is satisfied in the course of criminal proceedings or civil proceedings that the Commonwealth child sex offence has been committed.
Notice of application
(2) The Director of Public Prosecutions must give written notice of the application to anyone:
(a) who claims to own, or have a right to possess, a thing covered by the application; or
(b) whom the Director reasonably believes would be directly or indirectly affected by the proposed forfeiture.
Interim orders
(3) At any time after the application is made to the court, it may make any interim orders it considers appropriate (such as orders relating to the delivery or retention of things pending the court’s decision on the application, and orders relating to the making and provision of copies of things).
Circumstances that do not prevent court ordering forfeiture
(4) An order under subsection (1):
(a) may be made even if a person entitled to be given notice of the application fails to appear at the hearing of the application; and
(b) need not be based on a finding as to the commission of a particular Commonwealth child sex offence; and
(c) can be based on a finding that some such offence was committed; and
(d) need not be based on a finding that a particular person committed a Commonwealth child sex offence.
Court may order compensation for forfeiture
(5) The court may order the Commonwealth to pay a specified reasonable amount of compensation to a person who owns, has a right to possess or has other property in a thing whose forfeiture the court orders if the thing is a computer, data storage device or other electronic equipment and the court is satisfied that:
(a) the person has appeared at the hearing of the application; and
(b) the person did not commit, is not and has not been convicted (by the court or another court) of, and has not been found by another court in civil proceedings to have committed, the Commonwealth child sex offence; and
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(c) the person is not the subject of proceedings in another court relating to the Commonwealth child sex offence and has not been the subject of such proceedings in connection with which an appeal may still be lodged as of right; and
(d) the person is not the subject of an investigation into a Commonwealth child sex offence of which the thing provides evidence.
Standard of proof for forfeiture and compensation orders
(6) The standard of proof for subsections (1) and (5) is the balance of probabilities.
Division 4—Provisions relating to forfeiture under this Part generally
23ZE Effect of forfeiture under this Part
(1) This section applies if a thing is forfeited to the Commonwealth under this Part.
(2) When the thing is forfeited it becomes the property of the Commonwealth.
(3) A constable may, without warrant, seize the thing.
(4) The Commissioner may deal with the thing in any way he or she considers appropriate (including by destroying the thing).
(5) However, if the thing is in the custody of a constable who is a member of a police force of a State or Territory, the head of the police force may deal with the thing in any way he or she considers appropriate (including by destroying the thing).
(6) Subsections (3), (4) and (5) have effect despite section 9.
23ZF Compensation for forfeiture of electronic equipment etc.
(1) This section applies to a person if:
(a) a thing that is a computer, data storage device or other electronic equipment is forfeited under this Part; and
(b) the person owned, had a right to possess or had other property in the thing immediately before the forfeiture.
(2) The Commonwealth is liable to pay the person a reasonable amount of compensation for the forfeiture.
(3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(4) However, the court is not to determine an amount of compensation for the person while:
(a) the person is the subject of an investigation into a Commonwealth child sex offence of which the thing provides evidence; or
(b) the person is the subject of proceedings (other than those under subsection (3)) relating to a Commonwealth child sex offence from which the thing was allegedly derived or in connection with which the thing was allegedly used; or
(c) an appeal may be lodged as of right in relation to proceedings covered by paragraph (b).
(5) Subsection (2) does not apply if the person is or has been convicted of, or found by a court in civil proceedings (including proceedings under subsection (3)) to have committed, a Commonwealth child sex offence to which the forfeiture relates.
23ZG Delegation by head of police force
The head of a police force (including the Commissioner) may, by writing, delegate to a constable who is a member of the force all or any of the head’s powers, functions and duties under this Part.
Part IIA—Protection of public and other services
30J Industrial disturbances, lock‑outs and strikes
(1) If at any time the Governor‑General is of opinion that there exists in Australia a serious industrial disturbance prejudicing or threatening trade or commerce with other countries or among the States, he or she may make a Proclamation to that effect, which Proclamation shall be and remain in operation for the purposes of this section until it is revoked.
(2) Any person who, during the operation of such Proclamation, takes part in or continues, or incites to, urges, aids or encourages the taking part in, or continuance of, a lock‑out or strike:
(a) in relation to employment in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States; or
(b) in relation to employment in, or in connexion with, the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth;
commits an offence, and shall be liable on conviction to imprisonment for any period not exceeding one year.
(3) For the purposes of this section:
employee includes any person whose usual occupation is as an employee.
employer includes any person whose usual occupation is as an employer.
lock‑out includes the closing of a place or part of a place of employment, if the closing is unreasonable, and the total or partial refusal of employers, acting in combination, to give work, if the refusal is unreasonable, or the total or partial suspension of work by an employer, if the suspension is unreasonable, with a view to compel his or her employees, or to aid another employer in compelling his or her employees, to accept any term or condition of employment.
strike includes the total or partial cessation of work by employees, acting in combination, if the cessation is unreasonable, as a means of enforcing compliance with demands made by them or by other employees on employers, and the total or partial refusal of employees, acting in combination, to accept work, if the refusal is unreasonable, and also includes job control.
30K Obstructing or hindering the performance of services
Whoever, by violence to the person or property of another person, or by spoken or written threat or intimidation of any kind to whomsoever directed, or, without reasonable cause or excuse, by boycott or threat of boycott of person or property:
(b) compels or induces any person employed in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth to surrender or depart from his or her employment;
(c) prevents any person from offering or accepting employment in or in connexion with the provision of any public service by the Commonwealth or by any Department or public authority under the Commonwealth;
(d) obstructs or hinders the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States;
(e) compels or induces any person employed in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States to surrender or depart from his or her employment; or
(f) prevents any person from offering or accepting employment in or in connexion with the transport of goods or the conveyance of passengers in trade or commerce with other countries or among the States;
commits an offence.
Penalty: Imprisonment for 1 year.
Part III—Offences relating to the administration of justice
Division 1—Preliminary
31 Judicial proceeding and tribunal definitions
In this Act:
federal judicial proceeding means:
(a) a judicial proceeding in or before:
(i) a federal court; or
(ii) a court exercising federal jurisdiction; or
(iii) a court of a Territory; or
(b) a judicial proceeding before a body or person acting under a law of:
(i) the Commonwealth; or
(ii) a Territory.
judicial proceeding means (other than in section 3L):
(a) a proceeding in or before a court; or
(b) a proceeding:
(i) before a body, or a person, acting under a law of the Commonwealth, of a State or of a Territory; and
(ii) in which evidence may be taken on oath.
judicial tribunal means a body or person (other than a court) before whom a judicial proceeding is conducted.
Division 2—Judges and magistrates
34 Judge or magistrate acting oppressively or when interested
Excessive and unreasonable bail
(1) A person commits an offence if:
(a) the person is a judge or magistrate; and
(b) the judge or magistrate is required or authorised by law to admit a person accused of an offence to bail; and
(c) the judge or magistrate requires excessive and unreasonable bail; and
(d) the requirement is an abuse of the judge’s or magistrate’s office; and
(e) the offence referred to in paragraph (b) is an offence against a law of the Commonwealth.
Penalty: Imprisonment for 2 years.
(2) Subsection (1) does not apply if the judge or magistrate has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) Absolute liability applies to the paragraph (1)(e) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
Acting when interested
(4) A person commits an offence if:
(a) the person is a judge or magistrate; and
(b) the judge or magistrate perversely exercises jurisdiction in a matter; and
(c) the judge or magistrate has a personal interest in the matter; and
(d) the jurisdiction is federal jurisdiction.
Penalty: Imprisonment for 2 years.
(5) Absolute liability applies to the paragraph (4)(d) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
Division 3—Evidence and witnesses
35 Giving false testimony
(1) A person commits an offence if:
(a) the person gives false testimony touching a matter; and
(b) the person does so:
(i) in a judicial proceeding; or
(ii) with the intention of instituting a judicial proceeding; and
(c) the matter is material in the judicial proceeding; and
(d) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(2) Strict liability applies to the paragraph (1)(c) element of the offence.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Absolute liability applies to the paragraph (1)(d) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(4) For the purposes of this section, it is immaterial:
(a) whether the testimony is given:
(i) on oath or not on oath; or
(ii) orally or in writing; or
(b) whether the court or judicial tribunal to which the testimony is given:
(i) is properly constituted; or
(ii) is held in the proper place; or
(c) whether the person who gave the testimony is a competent witness; or
(d) whether the testimony is admissible.
36 Fabricating evidence
(1) A person commits an offence if:
(a) the person:
(i) fabricates evidence; or
(ii) makes use of fabricated evidence; and
(b) the person does so with the intention of misleading a court or judicial tribunal in a judicial proceeding; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
36A Intimidation of witnesses etc.
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) threatens, intimidates or restrains another person; or
(ii) uses violence to, or inflicts an injury on, another person; or
(iii) causes or procures violence, damage, loss or disadvantage to another person; or
(iv) causes or procures the punishment of another person; and
(b) the first person does so on account of the other person having appeared, or being about to appear, as a witness in a judicial proceeding; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
37 Corruption of witnesses
Agreements or understandings
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) gives, confers or procures any property, or benefit, of any kind to, upon or for another person; or
(ii) promises or offers to give, to confer, to procure or to attempt to procure any property, or benefit, of any kind to, upon or for another person; or
(iii) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or
(iv) agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and
(b) the first person does so upon an agreement or understanding that any person called, or to be called, as a witness in a judicial proceeding will:
(i) give false testimony; or
(ii) withhold true testimony; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
Inducing false testimony
(3) A person commits an offence if:
(a) the person does an act; and
(b) the person does so with the intention of inducing a person called, or to be called, as a witness in a judicial proceeding:
(i) to give false testimony; or
(ii) to withhold true testimony; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(4) Absolute liability applies to the paragraph (3)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
38 Deceiving witnesses
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) practises any fraud or deceit to a person called, or to be called, as a witness in a judicial proceeding; or
(ii) makes or exhibits any false statement, representation, token or writing to a person called, or to be called, as a witness in a judicial proceeding; and
(b) the first person does so with the intention of affecting the testimony of the other person; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 2 years.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
39 Destroying evidence
(1) A person commits an offence if:
(a) the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding; and
(b) the person:
(i) destroys the book, document or thing; or
(ii) renders the book, document or thing illegible, undecipherable or incapable of identification; and
(c) the person does so with the intention of preventing the book, document or thing from being used in evidence; and
(d) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(d) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
40 Preventing witnesses from attending Court
(1) A person (the first person) commits an offence if:
(a) another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and
(b) the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and
(c) the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 1 year.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.