(i) to charge any person falsely with an offence; or
(ii) to cause any person to be falsely charged with an offence; and
(b) the offence referred to in paragraph (a) is an offence against a law of:
(i) the Commonwealth; or
(ii) a Territory.
Penalty: Imprisonment for 10 years.
(1A) Absolute liability applies to the paragraph (1)(b) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(2) For a person to be guilty of an offence against subsection (1):
(a) the person must have entered into an agreement with one or more other persons; and
(b) the person and at least one other party to the agreement must have intended that a person be charged falsely with an offence pursuant to the agreement; and
(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.
(3) A person may be found guilty of an offence against subsection (1) even if:
(a) charging a person falsely pursuant to the agreement is impossible; or
(b) the only other party to the agreement is a body corporate; or
(c) each other party to the agreement is a person who is not criminally responsible; or
(d) subject to subsection (4), all other parties to the agreement have been acquitted of the offence.
(4) A person cannot be found guilty of an offence against subsection (1) if:
(a) all other parties to the agreement have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.
(5) A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the false charging.
(6) A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.
(7) Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).
42 Conspiracy to defeat justice
(1) A person commits an offence if:
(a) the person conspires with another person to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and
(b) the judicial power is the judicial power of the Commonwealth.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
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Note: For absolute liability, see section 6.2 of the Criminal Code.
(3) For a person to be guilty of an offence against subsection (1):
(a) the person must have entered into an agreement with one or more other persons; and
(b) the person and at least one other party to the agreement must have intended to obstruct, prevent, pervert or defeat the course of justice pursuant to the agreement; and
(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.
(4) A person may be found guilty of an offence against subsection (1) even if:
(a) obstructing, preventing, perverting or defeating the course of justice pursuant to the agreement is impossible; or
(b) the only other party to the agreement is a body corporate; or
(c) each other party to the agreement is a person who is not criminally responsible; or
(d) subject to subsection (5), all other parties to the agreement have been acquitted of the offence.
(5) A person cannot be found guilty of an offence against subsection (1) if:
(a) all other parties to the agreement have been acquitted of such an offence; and
(b) a finding of guilt would be inconsistent with their acquittal.
(6) A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:
(a) withdrew from the agreement; and
(b) took all reasonable steps to prevent the obstruction, prevention, perversion or defeat.
(7) A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.
(8) Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).
43 Attempting to pervert justice
(1) A person commits an offence if:
(a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and
(b) the judicial power is the judicial power of the Commonwealth.
Penalty: Imprisonment for 10 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(3) For the person to be guilty of an offence against subsection (1), the person’s conduct must be more than merely preparatory to the commission of the offence. The question whether conduct is more than merely preparatory to the commission of the offence is one of fact.
(4) A person may be found guilty of an offence against subsection (1) even if doing the thing attempted is impossible.
44 Compounding offences
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or
(ii) 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 the first person will:
(i) compound or conceal an offence; or
(ii) abstain from, discontinue or delay a prosecution for an offence; or
(iii) withhold evidence of an offence; and
(c) the offence referred to in paragraph (b) is an indictable offence against a law of:
(i) the Commonwealth; or
(ii) a Territory.
Penalty: Imprisonment for 3 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.
45 Inserting advertisements without authority of court
(1) A person commits an offence if:
(a) the person inserts in the Gazette, or in a newspaper, an advertisement purporting to be published under the authority of a court; and
(b) the person does so:
(i) without authority; or
(ii) knowing the advertisement to be false in any material particular; and
(c) the advertisement purports to be published under the authority of:
(i) a federal court; or
(ii) a court exercising federal jurisdiction; or
(iii) a court of a Territory.
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.
Division 5—Escape from criminal detention
45A Criminal detention definitions
In this Act:
criminal detention: a person is in criminal detention if the person:
(a) is arrested in respect of an offence; or
(b) is in custody in respect of an offence; or
(c) is detained because:
(i) the person is unfit to be tried in respect of an offence; or
(ii) the person has been acquitted of an offence because of mental illness at the time of the offence; or
(iii) the person has been convicted of an offence and a court has ordered that the person be detained for the purposes of receiving treatment for a mental illness that contributed to the commission of the offence.
Example: Paragraph (c) includes detention under:
(a) Division 6 of Part IB (unfitness to be tried); or
(b) Division 7 of Part IB or section 20BS (mental illness).
federal criminal detention means criminal detention in respect of an offence against a law of:
(a) the Commonwealth; or
(b) a Territory (other than the Australian Capital Territory).
46 Aiding prisoner to escape
(1) A person (the first person) commits an offence if:
(a) another person (the prisoner) is in criminal detention; and
(b) the first person aids the prisoner:
(i) to escape from that detention; or
(ii) to attempt to escape from that detention; and
(c) the prisoner escapes, or attempts to escape, from that detention; and
(d) the detention is lawful federal criminal detention.
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.
(3) Subsection (1) does not apply if, before the escape or attempted escape, the first person:
(a) terminates his or her aid to the prisoner; and
(b) takes all reasonable steps to prevent the escape or attempted escape.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) The first person may be found guilty of the offence even if the prisoner has not been prosecuted for, or has not been found guilty of, an offence in relation to the escape or attempted escape.
46A Aiding prisoner to escape—conveying thing into prison etc.
(1) A person (the first person) commits an offence if:
(a) another person (the prisoner) is in criminal detention; and
(b) the first person conveys a thing into a prison, lock‑up or other place of criminal detention; and
(c) the first person does so with the intention of facilitating the escape of the prisoner from the prison, lock‑up or other place; and
(d) the detention is lawful federal criminal detention.
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.
47 Escaping
(1) A person commits an offence if:
(a) the person is in criminal detention; and
(b) the person escapes from that detention; and
(c) the detention is lawful federal criminal detention.
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.
47A Rescuing a prisoner from criminal detention
(1) A person (the first person) commits an offence if:
(a) another person (the prisoner) is in criminal detention; and
(b) the first person rescues the prisoner from that detention by force; and
(c) the detention is lawful federal criminal detention.
Penalty: Imprisonment for 14 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.
47B Person unlawfully at large
(1) A person commits an offence if:
(a) the person was in criminal detention in a prison, lock‑up or other place of criminal detention; and
(b) the detention was lawful federal criminal detention; and
(c) in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock‑up or other place; and
(d) the person refuses, or fails, to return to the prison, lock‑up or other place in accordance with that permission.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(3) Paragraph (1)(d) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
47C Permitting escape
(1) A person (the first person) commits an offence if:
(a) the first person is:
(i) an officer of a prison, lock‑up or other place of criminal detention; or
(ii) a constable; or
(iii) a Commonwealth officer; and
(b) the first person is charged for the time being with the criminal detention of another person (the prisoner); and
(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and
(d) the detention is lawful federal criminal detention.
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.
48 Harbouring etc. an escapee
(1) A person (the first person) commits an offence if:
(a) the first person knows that another person (the escapee) has escaped from a place where the other person was held in criminal detention; and
(b) the first person harbours, maintains or employs the escapee; and
(c) the detention was lawful federal criminal detention.
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.
48A Sentence ceases to run while escaped prisoner at large
(1) A person who commits an offence against section 47 or 47B shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the person would have undergone if the person had not escaped.
(2) If a person who is undergoing punishment for an offence against a law of the Commonwealth or of a Territory commits an offence against a law of a State or Territory that corresponds to section 47 or 47B, the person is, upon being returned to lawful custody, to undergo (in addition to any punishment imposed for the corresponding offence and any other punishment that the person is required to undergo under the law of the State or Territory) the punishment that the person would have undergone for the first‑mentioned offence if the person had not escaped.
Division 6—Seized property
49 Removing property under seizure
(1) A person commits an offence if:
(a) property has been attached, or taken, under the process or authority of a court; and
(b) the court was:
(i) a federal court; or
(ii) exercising federal jurisdiction; or
(iii) a court of a Territory; and
(c) the person receives, removes, retains, conceals or disposes of the property; and
(d) the person does so with the intention of hindering or defeating the attachment or process.
Penalty: Imprisonment for 2 years.
(2) Absolute liability applies to the paragraph (1)(b) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code.
Part IV—Piracy
51 Interpretation
In this Part:
act of piracy means an act of violence, detention or depredation committed for private ends by the crew or passengers of a private ship or aircraft and directed:
(a) if the act is done on the high seas or in the coastal sea of Australia—against another ship or aircraft or against persons or property on board another ship or aircraft; or
(b) if the act is done in a place beyond the jurisdiction of any country—against a ship, aircraft, persons or property.
Australia includes the External Territories.
coastal sea of Australia means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory;
and includes airspace over those seas.
high seas means seas that are beyond the territorial sea of Australia and of any foreign country and includes the airspace over those seas.
offence against this Part includes:
(a) an offence against section 6 that relates to an offence against a provision of this Part; and
(b) an offence against a provision of this Part that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code; and
(c) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence against a provision of this Part.
pirate‑controlled ship or aircraft means a private ship or aircraft which is under the control of persons that:
(a) have used, are using or intend to use the ship or aircraft in the commission of acts of piracy; or
(b) have seized control of the ship or aircraft by an act of piracy.
place beyond the jurisdiction of any country means a place, other than the high seas, that is not within the territorial jurisdiction of Australia or of any foreign country.
private ship or aircraft means a ship or aircraft that is not being operated for naval, military, customs or law enforcement purposes by Australia or by a foreign country, and includes a ship or aircraft that has been taken over by its crew or passengers.
ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.
52 Piracy
A person must not perform an act of piracy.
Penalty: Imprisonment for life.
53 Operating a pirate‑controlled ship or aircraft
(1) A person must not voluntarily participate in the operation of a pirate‑controlled ship or aircraft knowing that it is such a ship or aircraft.
Penalty: Imprisonment for 15 years.
(2) This section applies to acts performed on the high seas, in places beyond the jurisdiction of any country or in Australia.
54 Seizure of pirate ships and aircraft etc.
(1) A member of the Defence Force or a member of the Australian Federal Police may seize:
(a) a ship or aircraft that he or she reasonably believes to be a pirate‑controlled ship or aircraft; or
(b) a thing on board such a ship or aircraft, being a thing that appears to be connected with the commission of an offence against this Part.
(2) A seizure may be effected:
(a) in Australia; or
(b) on the high seas; or
(c) in a place beyond the jurisdiction of any country.
(3) The Supreme Court of a State or Territory may:
(a) on the application by the custodian of, or a person with an interest in, a ship, aircraft or thing seized under this section, order that the ship, aircraft or thing be returned to its lawful owner; or
(b) on its own motion, or on application:
(i) if:
(A) a person has been convicted of an offence against this Part; and
(B) the ship, aircraft or thing was used in, or was otherwise involved in the commission of, the offence;
order that the ship, aircraft or thing be forfeited to the Commonwealth; or