J2025-162
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Crimes Legislation Amendment
Act 2026
A2026-6
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Legislation repealed 2
Part 2 Confiscation of Criminal Assets Act 2003
5 Review of unexplained wealth provisions
Section 258A (1) (a) 3
6 Section 258A (1) (b) 3
Contents
Page
contents 2 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Section 258A (2) 3
Part 3 Corrections Management Act 2007
8 Exclusions from notified corrections policies and operating procedures
Section 15 (2) (b) (v) and (vi) 4
9 Access to correctional centres
Section 56A 4
10 Dictionary, definition of accredited person, paragraphs (e) and (f) 4
11 Dictionary, definition of protected mail, paragraphs (d) and (e) 4
Part 4 Crimes (Child Sex Offenders) Act 2005
12 Registrable offender—exceptions
Section 9 (1) (c), note 5
13 Section 9 (2) 5
14 What is a registrable offence?
New section 10 (4) 6
15 Right to privacy when being photographed
Section 79 (1) (b) 6
16 Section 79 (3) 6
17 What is child-related employment?
Section 124 (1) (t) 7
18 Definitions—ch 5A
Section 132A, definition of application 7
19 Registration of corresponding prohibition order—no amendment
Section 132N (1) (b) 7
20 Registration of corresponding prohibition order—with amendment
Section 132P (1) (b) (i) 7
21 Class 1 offences
Schedule 1 heading, reference 8
22 Schedule 1, part 1.1, items 9 to 12 8
23 Schedule 1, part 1.1, items 14 and 15 8
24 Schedule 1, part 1.2, items 1 to 9 9
25 Schedule 2 10
Part 5 Crimes (Restorative Justice) Act 2004
26 Section 68 23
Contents
Page
A2026-6 Crimes Legislation Amendment Act 2026 contents 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
27 Dictionary, note 2 24
28 Dictionary, note 2 24
Part 6 Crimes (Sentence Administration) Act 2005
29 Section 173 25
30 Appointment of board members
Section 174 (1) (c) 25
31 Section 174 (3) 25
32 Conditions of appointment of board members
Section 175 25
33 Delegation by chief police officer
Section 179A 26
Part 7 Crimes (Sentencing) Act 2005
34 Pre-sentence reports—order
New section 41 (1) (aa) 27
35 Section 41 (3) 27
36 New sections 43A and 43B 27
Part 8 Evidence (Miscellaneous Provisions) Act
1991
37 Relationship to other provisions of this Act
Section 4AN 30
38 Admissibility of recording of evidence of dangerously ill person
Section 94 (1) (b) (i) and (ii) 30
Part 9 Magistrates Court Act 1930
39 Definitions for pt 3.8
Section 117 (1), definition of responsible director-general 31
40 Additional information in infringement notices
Section 122 (1) (d) 31
41 Section 122 (1) (i) 31
42 Section 122 (2) (c) 31
43 Section 123 heading 32
44 New section 123 (ca) 32
45 Section 124 heading 32
Contents
Page
contents 4 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
46 Section 124 (1) 32
47 Extension of time—guidelines
Section 124A (1) 33
48 Section 125 heading 33
49 Section 125 (1) (a) (ii) 33
50 Section 125 (1) (a) (iii) 33
51 Section 125 (1) (b) (ii) 34
52 Application for withdrawal of infringement notice
New section 126 (3) and (4) 34
53 Withdrawal of infringement notice
Section 127 (4) (c) 35
54 Additional information in reminder notices
Section 131 (1) (e) 35
55 Section 131 (1) (e) (iv) 36
56 Section 131 (1) (j) 36
57 Section 131 (3), definition of the required time 36
58 Section 131 (3), definition of the required time, paragraph (b) 36
59 Section 131 (3), definition of the required time, paragraph (c) (ii) 37
60 Application for infringement notice management plan or addition to
plan—decision
Section 131AB (4) 37
61 Section 131AC heading 37
62 Section 131AC etc 37
63 Procedure if liability disputed
Section 134 (4) 38
64 New division 3.8.4A 38
65 Section 134A 41
66 Dictionary, note 2 42
67 Dictionary, new definitions 42
68 Dictionary, definition of responsible director-general 43
69 Dictionary, new definition of reviewable infringement decision 43
Part 10 Mental Health Act 2015
70 Disclosures to registered affected people
Section 134 (2) (d) 44
Contents
Page
A2026-6 Crimes Legislation Amendment Act 2026 contents 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
71 New section 175A 44
72 Review of detention under court order
Section 180 (3) (f) 44
73 Section 180 (4) 45
74 Section 181 45
75 Review of conditions of release
Section 182 (1) to (3), except note 46
76 Section 182 (4) 47
77 Notice of hearing
Section 188 (3) (f) 47
78 Powers of entry and apprehension
New section 263 (1) (ja) 47
79 Powers of search and seizure
New section 264 (1) (oa) 47
80 Dictionary, new definition of conditional release order 48
81 New chapter 21 48
Part 11 Victims of Crime Act 1994
82 Section 29A and note 51
J2025-162
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Crimes Legislation Amendment
Act 2026
A2026-6
An Act to amend legislation about crimes, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Crimes Legislation Amendment Act 2026.
2 Commencement
(1) This Act (other than section 17) commences on the 14th day after its
notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
(2) Section 17 commences 6 months after this Act’s notification day.
3 Legislation amended
This Act amends the following legislation:
• Confiscation of Criminal Assets Act 2003
• Corrections Management Act 2007
• Crimes (Child Sex Offenders) Act 2005
• Crimes (Restorative Justice) Act 2004
• Crimes (Sentence Administration) Act 2005
• Crimes (Sentencing) Act 2005
• Evidence (Miscellaneous Provisions) Act 1991
• Magistrates Court Act 1930
• Mental Health Act 2015
• Victims of Crime Act 1994.
4 Legislation repealed
The Crimes (Sentence Administration) (Sentence Administration
Board) Appointment 2024 (No 2) (DI2024-266) is repealed.
Confiscation of Criminal Assets Act 2003 Part 2
Section 5
A2026-6 Crimes Legislation Amendment Act 2026 page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Confiscation of Criminal Assets
Act 2003
5 Review of unexplained wealth provisions
Section 258A (1) (a)
omit
3 August 2025
substitute
3 August 2027
6 Section 258A (1) (b)
omit
3 August 2026
substitute
3 August 2028
7 Section 258A (2)
omit
3 August 2027
substitute
3 August 2029
Part 3 Corrections Management Act 2007
Section 8
page 4 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Corrections Management
Act 2007
8 Exclusions from notified corrections policies and
operating procedures
Section 15 (2) (b) (v) and (vi)
substitute
(v) a commissioner exercising functions under the Human
Rights Commission Act 2005;
9 Access to correctional centres
Section 56A
omit
The human rights commissioner
substitute
A commissioner exercising functions under the Human Rights
Commission Act 2005
10 Dictionary, definition of accredited person,
paragraphs (e) and (f)
substitute
(e) a commissioner exercising functions under the Human Rights
Commission Act 2005;
11 Dictionary, definition of protected mail,
paragraphs (d) and (e)
substitute
(d) a commissioner exercising functions under the Human Rights
Commission Act 2005;
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 12
A2026-6 Crimes Legislation Amendment Act 2026 page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 4 Crimes (Child Sex Offenders)
Act 2005
12 Registrable offender—exceptions
Section 9 (1) (c), note
substitute
Note The offence mentioned in—
• sch 2, pt 2.1, item 3 is against the Crimes Act 1900, s 61 (1)
(Acts of indecency with young people) for an act of indecency
on, or in the presence of, a person under 10 years old
• sch 2, pt 2.1, item 4 is against the Crimes Act 1900, s 61 (3)
(Acts of indecency with young people) for an act of indecency
on, or in the presence of, a person under 16 years old
• sch 2, pt 2.1, item 10 is against the Crimes Act 1900, s 65 (1)
(Possessing child exploitation material).
13 Section 9 (2)
omit
item 15
substitute
item 16
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 14
page 6 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
14 What is a registrable offence?
New section 10 (4)
insert
(4) A reference in this Act to a class 1 offence or class 2 offence includes
a reference to a previous form of the offence, despite it having been
amended, or repealed and remade, if it is the same in substance as the
class 1 offence or class 2 offence.
Note 1 See also the Legislation Act, s 102 (References to laws include references
to laws as in force from time to time).
Note 2 For a territory law, see also the Legislation Act, s 96 (Relocated
provisions), s 147 (Changes of drafting practice not to affect meaning)
and dict, pt 1, def amend.
15 Right to privacy when being photographed
Section 79 (1) (b)
before
by a person
insert
as far as practicable,
16 Section 79 (3)
after
must
insert
, as far as practicable,
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 17
A2026-6 Crimes Legislation Amendment Act 2026 page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
17 What is child-related employment?
Section 124 (1) (t)
omit
, provided by Legal Aid ACT
18 Definitions—ch 5A
Section 132A, definition of application
omit
protection
substitute
prohibition
19 Registration of corresponding prohibition order—no
amendment
Section 132N (1) (b)
omit
protection
substitute
prohibition
20 Registration of corresponding prohibition order—with
amendment
Section 132P (1) (b) (i)
omit
protection
substitute
prohibition
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 21
page 8 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
21 Class 1 offences
Schedule 1 heading, reference
substitute
(see s 10 (2) and (4))
22 Schedule 1, part 1.1, items 9 to 12
substitute
9 Crimes Act 1900,
section 55 (1)
sexual intercourse with
person under 10 years
old
10 Crimes Act 1900,
section 55 (3)
sexual intercourse with
person under 16 years
old
11 Crimes Act 1900,
section 55A (1)
sexual intercourse with
young person at least
16 years old under
special care
12 Crimes Act 1900,
section 56 (1)
persistent sexual abuse
of child under 16 years
old, or young person at
least 16 years old under
special care
23 Schedule 1, part 1.1, items 14 and 15
substitute
14 Crimes Act 1900,
section 62 (1)
incest and similar
offences committed in
relation to person under
10 years old
15 Crimes Act 1900,
section 62 (2)
incest and similar
offences committed in
relation to person under
16 years old
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 24
A2026-6 Crimes Legislation Amendment Act 2026 page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24 Schedule 1, part 1.2, items 1 to 9
substitute
1 Commonwealth
Criminal Code,
section 270.5 (1) and
section 270.8 (1) (a)
cause person under
18 years old to enter
into or remain in
servitude
the service provided in
servitude is a sexual service
(as defined in the
Commonwealth Criminal
Code, dictionary)
2 Commonwealth
Criminal Code,
section 270.5 (2) and
section 270.8 (1) (a)
conduct business
involving servitude of
person under 18 years
old
the service provided in
servitude is a sexual service
(as defined in the
Commonwealth Criminal
Code, dictionary)
3 Commonwealth
Criminal Code,
section 272.8 (1)
sexual intercourse with
child under 16 years
old outside Australia
4 Commonwealth
Criminal Code,
section 272.8 (2)
cause child under
16 years old to engage
in sexual intercourse in
presence of defendant
outside Australia
5 Commonwealth
Criminal Code,
section 272.10
offence against
Commonwealth
Criminal Code,
section 272.8 or
section 272.9, and 1 or
more aggravating
circumstances in
section 272.10 (1) (b)
apply
6 Commonwealth
Criminal Code,
section 272.11
persistent sexual abuse
of child under 16 years
old outside Australia
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 10 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Commonwealth
Criminal Code,
section 272.12 (1)
sexual intercourse with
young person at least
16 years old but under
18 years old outside
Australia by defendant
in position of trust or
authority
8 Commonwealth
Criminal Code,
section 272.12 (2)
cause young person at
least 16 years old but
under 18 years old to
engage in sexual
intercourse in presence
of defendant outside
Australia, defendant in
position of trust or
authority
25 Schedule 2
substitute
Schedule 2 Class 2 offences
(see s 10 (3) and (4))
Part 2.1 Offences against ACT legislation
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
1 Crimes Act 1900,
section 58
act of indecency in the
second degree
(a) the other person (as
mentioned in that
section) is a child; or
(b) the third person (as
mentioned in that
section) is a child
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
2 Crimes Act 1900,
section 59
act of indecency in the
third degree
(a) the other person (as
mentioned in that
section) is a child; or
(b) the third person (as
mentioned in that
section) is a child
3 Crimes Act 1900,
section 61 (1)
act of indecency on, or
in presence of, person
under 10 years old
4 Crimes Act 1900,
section 61 (3)
act of indecency on, or
in presence of, person
under 16 years old
5 Crimes Act 1900,
section 61A (1)
act of indecency on, or
in presence of, young
person at least 16 years
old under special care
6 Crimes Act 1900,
section 63
abduction with intent
to engage in sexual
intercourse
(a) the other person (as
mentioned in that
section) or the third
person (as mentioned
in that section) is a
child; and
(b) the person committed
the abduction in the
course of, or
immediately after, the
commission or
attempted commission
by the person (or an
accomplice of the
person) of a class 1 or
class 2 offence against
the child or the third
person
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 12 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
7 Crimes Act 1900,
section 64 (1)
use child under 12
years old for
production of child
exploitation material
etc
8 Crimes Act 1900,
section 64 (3)
use child 12 years old
or older for production
of child exploitation
material etc
9 Crimes Act 1900,
section 64A (1)
produce, publish, offer
or sell child
exploitation material
10 Crimes Act 1900,
section 65 (1)
possess child
exploitation material
11 Crimes Act 1900,
section 66 (1)
groom or deprave
young person under 16
years old
12 Crimes Act 1900,
section 66 (3)
send or make available
pornographic material
to young person under
16 years old
13 Sex Work Act 1992,
section 19 (2)
accost child for
commercial sexual
services
14 Sex Work Act 1992,
section 20 (1)
cause child under 12
years old to provide
commercial sexual
services
15 Sex Work Act 1992,
section 20 (3)
cause child 12 years
old or older to provide
commercial sexual
services
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
16 Sex Work Act 1992,
section 21 (1)
receive proceeds of
commercial sexual
services by child
17 an offence
mentioned in items 1
to 16 to which
Crimes Act 1900,
section 72AA applies
aggravated offence—
involving family
violence
Part 2.2 Offences against other
legislation
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
1 Commonwealth
Criminal Code,
section 270.7 and
section 270.8 (1) (a)
deceptive recruiting for
person under 18 years
old to provide labour or
services
the service to be provided is a
sexual service (as defined in
the Commonwealth Criminal
Code, dictionary)
2 Commonwealth
Criminal Code,
section 271.4 (1)
overseas trafficking
person under 18 years
old, entry into
Australia
the first person (as mentioned
in the subsection) intends or is
reckless as to whether the
other person (as mentioned in
the subsection) will be used to
provide sexual services or will
be otherwise exploited
3 Commonwealth
Criminal Code,
section 271.4 (2)
overseas trafficking
person under 18 years
old, exit from Australia
the first person (as mentioned
in the subsection) intends or is
reckless as to whether the
other person (as mentioned in
the subsection) will be used to
provide sexual services or will
be otherwise exploited
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 14 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
4 Commonwealth
Criminal Code,
section 271.7
domestic trafficking
person under 18 years
old, within Australia
the first person (as mentioned
in the subsection) intends or is
reckless as to whether the
other person (as mentioned in
the subsection) will be used to
provide sexual services or will
be otherwise exploited
5 Commonwealth
Criminal Code,
section 272.9 (1)
sexual activity (other
than sexual
intercourse) with child
under 16 years old
outside Australia
6 Commonwealth
Criminal Code,
section 272.9 (2)
cause child under 16
years old to engage in
sexual activity (other
than sexual
intercourse) in
presence of defendant
outside Australia
7 Commonwealth
Criminal Code,
section 272.13 (1)
sexual activity (other
than sexual
intercourse) with
young person at least
16 years old but under
18 years old outside
Australia, defendant in
position of trust or
authority
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
8 Commonwealth
Criminal Code,
section 272.13 (2)
cause young person at
least 16 years old but
under 18 years old to
engage in sexual
activity (other than
sexual intercourse) in
presence of defendant
outside Australia,
defendant in position of
trust or authority
9 Commonwealth
Criminal Code,
section 272.14 (1)
procure child under
16 years old to engage
in sexual activity
outside Australia
10 Commonwealth
Criminal Code,
section 272.15 (1)
groom child under
16 years old to engage
in sexual activity
outside Australia
11 Commonwealth
Criminal Code,
section 272.15A (1)
groom other person to
make it easier to
procure child under
16 years old to engage
in sexual activity
outside Australia
12 Commonwealth
Criminal Code,
section 272.20 (1)
prepare or plan offence
against Commonwealth
Criminal Code, section
272.8, 272.9, 272.10,
272.11 or 272.18
13 Commonwealth
Criminal Code,
section 272.20 (2)
prepare or plan offence
against Commonwealth
Criminal Code,
section 272.12 or
section 272.13
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 16 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
14 Commonwealth
Criminal Code,
section 273.6 (1)
possess, control,
produce, distribute or
obtain child abuse
material outside
Australia
15 Commonwealth
Criminal Code,
section 273.7 (1)
commit offence against
Commonwealth
Criminal Code,
section 273.6 on 3 or
more occasions, and
involving 2 or more
people
16 Commonwealth
Criminal Code,
section 273A.1
possession of child-like
sex dolls etc
17 Commonwealth
Criminal Code,
section 471.19 (1)
use postal or similar
service for child abuse
material
18 Commonwealth
Criminal Code,
section 471.19 (2)
request another person
use postal or similar
service for child abuse
material
19 Commonwealth
Criminal Code,
section 471.20 (1)
possess, control,
produce, supply or
obtain child abuse
material for use
through postal or
similar service
20 Commonwealth
Criminal Code,
section 471.22 (1)
commit offence against
Commonwealth
Criminal Code,
section 471.19 or
section 471.20 on 3 or
more occasions, and
involving 2 or more
people
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 17
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
21 Commonwealth
Criminal Code,
section 471.24 (1)
use postal or similar
service to procure
person under 16 years
old to engage in sexual
activity with defendant
at least 18 years old
22 Commonwealth
Criminal Code,
section 471.24 (2)
use postal or similar
service to procure
person under 16 years
old to engage in sexual
activity with other
person at least 18 years
old
23 Commonwealth
Criminal Code,
section 471.24 (3)
use postal or similar
service to procure
person under 16 years
old to engage in sexual
activity with other
person under 18 years
old
24 Commonwealth
Criminal Code,
section 471.25 (1)
use postal or similar
service to groom
person under 16 years
old to engage in sexual
activity with defendant
at least 18 years old
25 Commonwealth
Criminal Code,
section 471.25 (2)
use postal or similar
service to groom
person under 16 years
old to engage in sexual
activity with other
person at least 18 years
old
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 18 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
26 Commonwealth
Criminal Code,
section 471.25 (3)
use postal or similar
service to groom
person under 16 years
old to engage in sexual
activity with other
person under 18 years
old
27 Commonwealth
Criminal Code,
section 471.25A (1)
use postal or similar
service to groom
another person to make
it easier to procure
child under 16 years
old to engage in sexual
activity with defendant
at least 18 years old
28 Commonwealth
Criminal Code,
section 471.25A (2)
use postal or similar
service to groom
another person to make
it easier to procure
child under 16 years
old to engage in sexual
activity with other
person at least 18 years
old
29 Commonwealth
Criminal Code,
section 471.25A (3)
use postal or similar
service to groom
another person to make
it easier to procure
child under 16 years
old to engage in sexual
activity with other
person under 18 years
old
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
30 Commonwealth
Criminal Code,
section 471.26 (1)
use postal or similar
service to send
indecent material to
person under 16 years
old, defendant at least
18 years old
31 Commonwealth
Criminal Code,
section 474.22 (1)
use carriage service for
child abuse material
32 Commonwealth
Criminal Code,
section 474.22A (1)
possess or control child
abuse material obtained
or accessed using
carriage service
33 Commonwealth
Criminal Code,
section 474.23 (1)
possess, control,
produce, supply or
obtain child abuse
material for use
through carriage
service
34 Commonwealth
Criminal Code,
section 474.23A (1)
conduct for the
purposes of electronic
service used for child
abuse material
35 Commonwealth
Criminal Code,
section 474.24A (1)
commit offence against
Commonwealth
Criminal Code,
section 474.22,
section 474.22A or
section 474.23 on 3 or
more occasions, and
involving 2 or more
people
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 20 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
36 Commonwealth
Criminal Code,
section 474.25A (1)
use carriage service to
engage in sexual
activity with child
under 16 years old,
defendant at least
18 years old
37 Commonwealth
Criminal Code,
section 474.25A (2)
use carriage service to
cause child under
16 years old to engage
in sexual activity with
other person at least
18 years old
38 Commonwealth
Criminal Code,
section 474.25B (1)
commit offence against
Commonwealth
Criminal Code,
section 474.25A (1) or
section 474.25A (2)
involving child under
16 years old, and 1 or
more aggravating
circumstances in
section 474.25B (1) (b)
apply
39 Commonwealth
Criminal Code,
section 474.25C
use carriage service to
prepare or plan to
cause harm to, engage
in sexual activity with,
or procure for sexual
activity, child under
16 years old, defendant
at least 18 years old
40 Commonwealth
Criminal Code,
section 474.26 (1)
use carriage service to
procure person under
16 years old to engage
in sexual activity,
defendant at least
18 years old
Crimes (Child Sex Offenders) Act 2005 Part 4
Section 25
A2026-6 Crimes Legislation Amendment Act 2026 page 21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
41 Commonwealth
Criminal Code,
section 474.26 (2)
use carriage service to
procure person under
16 years old to engage
in sexual activity with
other person at least
18 years old
42 Commonwealth
Criminal Code,
section 474.26 (3)
use carriage service to
procure person under
16 years old to engage
in sexual activity with
other person under
18 years old
43 Commonwealth
Criminal Code,
section 474.27 (1)
use carriage service to
groom person under
16 years old, defendant
at least 18 years old
44 Commonwealth
Criminal Code,
section 474.27 (2)
use carriage service to
groom person under
16 years old to engage
in sexual activity with
other person at least
18 years old
45 Commonwealth
Criminal Code,
section 474.27 (3)
use carriage service to
groom person under
16 years old to engage
in sexual activity with
other person under
18 years old
46 Commonwealth
Criminal Code,
section 474.27AA (1)
use carriage service to
groom another person
to make it easier to
procure child under
16 years old to engage
in sexual activity,
defendant at least
18 years old
Part 4 Crimes (Child Sex Offenders) Act 2005
Section 25
page 22 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
column 1
item
column 2
offence
column 3
description
column 4
circumstances (if any)
47 Commonwealth
Criminal Code,
section 474.27AA (2)
use carriage service to
groom another person
to make it easier to
procure child under
16 years old to engage
in sexual activity with
other person at least
18 years old
48 Commonwealth
Criminal Code,
section 474.27AA (3)
use carriage service to
groom another person
to make it easier to
procure child under
16 years old to engage
in sexual activity with
other person under
18 years old
49 Commonwealth
Criminal Code,
section 474.27A (1)
use carriage service to
transmit indecent
communication to
person under 16 years
old, defendant at least
18 years old
50 Customs Act 1901
(Cwlth),
section 233BAB (5)
import tier 2 goods the tier 2 goods are items of
child abuse material (see
s 233BAB (1) (h), (4)
and (4A))
51 Customs Act 1901
(Cwlth),
section 233BAB (6)
export tier 2 goods the tier 2 goods are items of
child abuse material (see
s 233BAB (1) (h), (4)
and (4A))
52 any offence under a
law of a foreign
jurisdiction that, if it
had been committed
in the ACT, would
have been a class 2
offence
Crimes (Restorative Justice) Act 2004 Part 5
Section 26
A2026-6 Crimes Legislation Amendment Act 2026 page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 5 Crimes (Restorative Justice)
Act 2004
26 Section 68
substitute
68 Yearly reporting by director-general
Within 20 working days after the end of a financial year, the
director-general must report to each referring entity on—
(a) the number of offences the entity referred for restorative justice
in the year; and
(b) the number of eligible victims or eligible parents for offences
the entity referred for restorative justice in the year; and
(c) the number of eligible offenders for offences the entity referred
for restorative justice in the year; and
(d) the number of restorative justice conferences (other than
discontinued conferences) conducted in the year for offences the
entity referred for restorative justice.
68A Additional reporting by director-general
The director-general may, at any time, report to a referring entity on
any of the following in relation to an offence the entity referred for
restorative justice:
(a) the director-general was not satisfied that a victim or parent for
the offence was eligible;
(b) the director-general was not satisfied that the offender for the
offence was eligible;
(c) the director-general decided that restorative justice was not
suitable for the offence.
Part 5 Crimes (Restorative Justice) Act 2004
Section 27
page 24 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
27 Dictionary, note 2
insert
• financial year
• working day
28 Dictionary, note 2
omit
• quarter
Crimes (Sentence Administration) Act 2005 Part 6
Section 29
A2026-6 Crimes Legislation Amendment Act 2026 page 25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 6 Crimes (Sentence
Administration) Act 2005
29 Section 173
substitute
173 Members of board
The board consists of the following members:
(a) the members appointed under section 174;
(b) the chief police officer.
30 Appointment of board members
Section 174 (1) (c)
omit
31 Section 174 (3)
omit
32 Conditions of appointment of board members
Section 175
omit
determination of
substitute
determination under
Part 6 Crimes (Sentence Administration) Act 2005
Section 33
page 26 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
33 Delegation by chief police officer
Section 179A
omit
commander
substitute
superintendent
Crimes (Sentencing) Act 2005 Part 7
Section 34
A2026-6 Crimes Legislation Amendment Act 2026 page 27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 7 Crimes (Sentencing) Act 2005
34 Pre-sentence reports—order
New section 41 (1) (aa)
before paragraph (a), insert
(aa) an offender indicates to the Magistrates Court an intention to
plead guilty to an offence in a proceeding before the court; or
35 Section 41 (3)
omit
subsection (1) (a) or (c)
substitute
subsection (1) (aa), (a) or (c)
36 New sections 43A and 43B
insert
43A Pre-sentence reports on indication of guilty plea
generally inadmissible
(1) This section applies to a pre-sentence report ordered in relation to an
offender in the circumstances mentioned in section 41 (1) (aa).
(2) The report is not admissible in a proceeding before a court unless—
(a) the Magistrates Court finds the offender guilty of the offence in
a proceeding before the court; or
(b) the Magistrates Court accepts the offender’s guilty plea for the
offence; or
(c) the defendant consents to the admission.
Part 7 Crimes (Sentencing) Act 2005
Section 36
page 28 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) If the director-general provides the report to the court under
section 41 (3) (c) and the report is not admissible under
subsection (2)—
(a) the court must refuse to admit the report; and
(b) the court that hears and decides the charge must not, unless all
parties to the proceeding agree, be constituted by a magistrate to
whom the report was provided.
43B Pre-sentence reports on indication of guilty plea—
restriction on use etc
(1) This section applies if the Magistrates Court—
(a) has ordered a pre-sentence report in relation to an offender in the
circumstances mentioned in section 41 (1) (aa); but
(b) has not—
(i) found the offender guilty of the offence in a proceeding
before the court; or
(ii) accepted the offender’s guilty plea for the offence.
(2) A person commits an offence if the person publishes sensitive
information.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply if publishing the information was
necessary on reasonable grounds for the preparation of the report,
providing the report to a person under section 41 (3) (c), carrying out
a court registry function or giving the information to the defendant or
their legal representative.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
Crimes (Sentencing) Act 2005 Part 7
Section 36
A2026-6 Crimes Legislation Amendment Act 2026 page 29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) It is a defence to a prosecution for an offence against subsection (2)
if the person proves that the defendant consented to the publication of
the information before it was published.
Note The defendant has a legal burden in relation to the matters mentioned in
s (4) (see Criminal Code, s 59).
(5) Sensitive information must not be used in connection with the
investigation or prosecution of an offence.
(6) In this section:
publish means communicate or distribute information in a way or to
an extent that makes it available to, or likely to come to the notice of,
the public or a section of the public.
sensitive information, about a defendant in a proceeding, means
information about any of the following:
(a) the defendant having indicated to the court an intention to plead
guilty in the proceeding;
(b) information provided to an assessor for the purpose of the
assessor preparing a pre-sentence report in relation to the
defendant in the proceeding;
(c) the pre-sentence report in relation to the defendant in the
proceeding.
Part 8 Evidence (Miscellaneous Provisions) Act 1991
Section 37
page 30 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 8 Evidence (Miscellaneous
Provisions) Act 1991
37 Relationship to other provisions of this Act
Section 4AN
omit
part
substitute
chapter
38 Admissibility of recording of evidence of dangerously ill
person
Section 94 (1) (b) (i) and (ii)
substitute
(i) reasonable notice of the time and place fixed for the taking
of the evidence was given in accordance with section 93
(1); and
(ii) it is in the interests of the administration of justice to admit
the audio or audiovisual recording of the evidence.
Examples—par (ii)
1 the dangerously ill person is unable to attend the proceeding
because of that, or another, illness
2 the dangerously ill person is dead
Magistrates Court Act 1930 Part 9
Section 39
A2026-6 Crimes Legislation Amendment Act 2026 page 31
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 9 Magistrates Court Act 1930
39 Definitions for pt 3.8
Section 117 (1), definition of responsible director-general
omit
40 Additional information in infringement notices
Section 122 (1) (d)
omit
do a thing
substitute
take an action
41 Section 122 (1) (i)
after
penalty,
insert
apply for an infringement notice management plan or to add the
infringement notice penalty to an existing plan,
42 Section 122 (2) (c)
omit
do any of the following
substitute
take any of the following actions
Part 9 Magistrates Court Act 1930
Section 43
page 32 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
43 Section 123 heading
substitute
123 Infringement notices—time to pay penalty etc
44 New section 123 (ca)
insert
(ca) if the person applies to the administering authority within the 28
days for withdrawal of the infringement notice for the offence
and the application is refused—is payable within 7 days after the
day the person is told of the refusal or 28 days after the day the
notice was served, whichever is later; or
45 Section 124 heading
substitute
124 Infringement notices—extension of time to pay penalty
etc
46 Section 124 (1)
omit
for an extension of time to do any of the following
substitute
to the administering authority for an extension of time to take any of
the following actions
Magistrates Court Act 1930 Part 9
Section 47
A2026-6 Crimes Legislation Amendment Act 2026 page 33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
47 Extension of time—guidelines
Section 124A (1)
omit
doing something
substitute
taking an action
48 Section 125 heading
substitute
125 Infringement notices—effect of payment of penalty etc
49 Section 125 (1) (a) (ii)
omit
things happens
substitute
actions is taken
50 Section 125 (1) (a) (iii)
omit
thing happened
substitute
action is taken
Part 9 Magistrates Court Act 1930
Section 51
page 34 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
51 Section 125 (1) (b) (ii)
omit
things happens
substitute
actions is taken
52 Application for withdrawal of infringement notice
New section 126 (3) and (4)
insert
(3) If the administering authority refuses to withdraw the notice, the
person must, within the required time after the day the person is told
of the refusal, take 1 or more of the following actions:
(a) pay the infringement notice penalty now payable for the offence;
(b) apply to the administering authority for—
(i) an infringement notice management plan; or
(ii) if the person has an infringement notice management
plan—the addition of the infringement notice penalty to
the plan; or
(iii) waiver of the infringement notice penalty;
(c) dispute liability for the offence;
(d) apply to the administering authority, in accordance with
section 124, for additional time to take an action mentioned in
paragraphs (a) to (c).
Magistrates Court Act 1930 Part 9
Section 53
A2026-6 Crimes Legislation Amendment Act 2026 page 35
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) In this section:
the required time, for a person to take an action mentioned in
subsection (3), means—
(a) 28 days after the date of service of the infringement notice or
reminder notice; or
(b) any additional time allowed to take the action; or
(c) if an application for additional time was refused, the later of the
following:
(i) 7 days after the day the person is given notice of the
refusal;
(ii) 28 days after the date of service of the infringement notice
or reminder notice.
53 Withdrawal of infringement notice
Section 127 (4) (c)
omit
(Effect of payment of infringement notice penalty)
substitute
(Infringement notices—effect of payment of penalty etc)
54 Additional information in reminder notices
Section 131 (1) (e)
omit
do 1 or more of the following things
substitute
take 1 or more of the following actions
Part 9 Magistrates Court Act 1930
Section 55
page 36 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
55 Section 131 (1) (e) (iv)
omit
for additional time to do the thing
substitute
, in accordance with section 124, for additional time to take an action
mentioned in subparagraphs (i) to (iii)
56 Section 131 (1) (j)
after
penalty,
insert
apply for an infringement notice management plan or to add the
infringement notice penalty to an existing plan,
57 Section 131 (3), definition of the required time
omit
do something
substitute
take an action
58 Section 131 (3), definition of the required time,
paragraph (b)
omit
do the thing
substitute
take the action
Magistrates Court Act 1930 Part 9
Section 59
A2026-6 Crimes Legislation Amendment Act 2026 page 37
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
59 Section 131 (3), definition of the required time,
paragraph (c) (ii)
substitute
(ii) 28 days after the day the reminder notice for the offence
was served.
60 Application for infringement notice management plan or
addition to plan—decision
Section 131AB (4)
omit
responsible
61 Section 131AC heading
substitute
131AC Approved community work or social development
program—director-general’s agreement
62 Section 131AC etc
omit
responsible
in
• section 131AC
• section 131AD (1)
• section 131AF (4)
Part 9 Magistrates Court Act 1930
Section 63
page 38 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
63 Procedure if liability disputed
Section 134 (4)
omit
(Effect of payment of infringement notice penalty)
substitute
(Infringement notices—effect of payment of penalty etc)
64 New division 3.8.4A
after the note, insert
Division 3.8.4A Notification and review of
infringement notice decisions
134AA Definitions—div 3.8.4A
In this division:
internally reviewable infringement decision means a decision under
this part prescribed by regulation.
internal reviewer—see section 134AF.
internal review notice—see the ACT Civil and Administrative
Tribunal Act 2008, section 67B (1).
reviewable infringement decision—see section 134AB.
134AB Meaning of reviewable infringement decision etc—
div 3.8.4A
(1) For this division, a reviewable infringement decision is—
(a) an internal reviewer’s decision in relation to an internally
reviewable infringement decision; or
(b) an administering authority’s decision (other than an internally
reviewable infringement decision) prescribed by regulation.
Magistrates Court Act 1930 Part 9
Section 64
A2026-6 Crimes Legislation Amendment Act 2026 page 39
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) For the ACT Civil and Administrative Tribunal Act 2008, section 9
(Applications under authorising laws), this Act is taken to be a single
authorising law.
Note A reference to an Act includes a reference to any regulation or statutory
instrument made or in force under the Act (see Legislation Act, s 104).
134AC Internal review notices
If an administering authority makes an internally reviewable
infringement decision, the authority must give an internal review
notice to each person affected by the decision.
Note The administering authority must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
134AD Applications for internal review
(1) A person whose interests are affected by an internally reviewable
infringement decision may apply, in writing, to the administering
authority for review of the decision.
(2) The application must—
(a) state the applicant’s name and address; and
(b) set out the applicant’s reasons for making the application.
(3) The application must be given to the administering authority within—
(a) 28 days after the day the applicant is given the internal review
notice for the decision; or
(b) any longer period allowed by the administering authority before
or after the end of the 28-day period.
Note Section 134AI provides for ACAT review of reviewable infringement
decisions that are not internally reviewable infringement decisions.
Part 9 Magistrates Court Act 1930
Section 64
page 40 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
134AE Review applications do not stay internally reviewable
infringement decisions
The making of an application for review of an internally reviewable
infringement decision does not affect the operation of the decision.
134AF Internal reviewer
The administering authority must arrange for a person (the internal
reviewer) who did not make the internally reviewable infringement
decision to review the decision.
134AG Review by internal reviewer
(1) The internal reviewer for an internally reviewable infringement
decision must review the decision.
(2) The review must be completed within 28 days (the 28-day period)
after the day the administering authority receives the application for
review of the internally reviewable infringement decision.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own decision.
(4) If the decision is not varied or set aside within the 28-day period, the
decision is taken to have been confirmed by the internal reviewer.
134AH Reviewable infringement decision notices
If an internal reviewer or administering authority makes a reviewable
infringement decision, the reviewer or authority must give a
reviewable decision notice to each person affected by the decision.
Note The internal reviewer or administering authority must also take
reasonable steps to give a reviewable decision notice to any other person
whose interests are affected by the decision (see ACT Civil and
Administrative Tribunal Act 2008, s 67A).
Magistrates Court Act 1930 Part 9
Section 65
A2026-6 Crimes Legislation Amendment Act 2026 page 41
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
134AI Applications for review
The following may apply to the ACAT for review of a reviewable
infringement decision:
(a) for an internal reviewer’s decision in relation to an internally
reviewable infringement decision—a person to whom an
internal review notice is required to be given in relation to the
decision;
(b) any other person whose interests are affected by the decision.
65 Section 134A
substitute
134A Authorised people for infringement notice offences
(1) The administering authority for an infringement notice offence may
appoint a person to be an authorised person in relation to the offence.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(2) An authorised person may exercise the functions of the administering
authority under this part in relation to the offence (other than
delegating a function).
(3) However, the administering authority may—
(a) in writing, limit the functions an authorised person may
exercise; and
(b) give an authorised person written directions about the exercise
of a function.
(4) If the administering authority gives an authorised person a written
direction about the exercise of a function, the person may only
exercise the function in accordance with the direction.
(5) A regulation may prescribe a person to be an authorised person for
the service of infringement notices or reminder notices.
Part 9 Magistrates Court Act 1930
Section 66
page 42 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(6) In this section:
authorised person means—
(a) for an infringement notice for an infringement notice offence—
(i) the administering authority; or
(ii) a person who is appointed under this section by the
administering authority as an authorised person in relation
to the offence; or
(iii) anyone else who, under a regulation, may serve an
infringement notice for the offence; or
(b) for a reminder notice for an infringement notice offence—
(i) the administering authority; or
(ii) a person who is appointed under this section by the
administering authority as an authorised person in relation
to the offence; or
(iii) anyone else who, under a regulation, may serve a reminder
notice for the offence.
66 Dictionary, note 2
insert
• reviewable decision notice
67 Dictionary, new definitions
insert
internally reviewable infringement decision, for division 3.8.4A
(Notification and review of infringement notice decisions)—see
section 134AA.
internal reviewer, for division 3.8.4A (Notification and review of
infringement notice decisions)—see section 134AF.
Magistrates Court Act 1930 Part 9
Section 68
A2026-6 Crimes Legislation Amendment Act 2026 page 43
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
internal review notice, for division 3.8.4A (Notification and review
of infringement notice decisions)—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
68 Dictionary, definition of responsible director-general
omit
69 Dictionary, new definition of reviewable infringement
decision
insert
reviewable infringement decision, for division 3.8.4A (Notification
and review of infringement notice decisions)—see section 134AB.
Part 10 Mental Health Act 2015
Section 70
page 44 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 10 Mental Health Act 2015
70 Disclosures to registered affected people
Section 134 (2) (d)
after
decision
insert
or order
71 New section 175A
in chapter 10, insert
175A Meaning of conditional release order—ch 10
In this chapter:
conditional release order—see section 180 (4).
72 Review of detention under court order
Section 180 (3) (f)
substitute
(f) any information the chief psychiatrist or director-general has
given to the ACAT about the following:
(i) the treatment, care or support the person requires,
including that the person be admitted to a particular
approved mental health facility or approved community
care facility;
(ii) the person’s compliance with any orders or conditions in
relation to treatment, care or support made under this Act.
Mental Health Act 2015 Part 10
Section 73
A2026-6 Crimes Legislation Amendment Act 2026 page 45
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
73 Section 180 (4)
after
appropriate
insert
(a conditional release order)
74 Section 181
substitute
181 Chief psychiatrist notice to ACAT if person contravenes
conditional release order
(1) This section applies if—
(a) a conditional release order is in force in relation to a person; and
(b) the person contravenes a condition of the order; and
(c) the chief psychiatrist is told, or otherwise becomes aware, of the
contravention.
(2) The chief psychiatrist must tell the ACAT of the contravention, in
writing, as soon as practicable after being told, or becoming aware,
of the contravention.
181A Power to return person under conditional release order to
approved facility
(1) This section applies if—
(a) a conditional release order is in force in relation to a person; and
(b) the order is subject to a condition that the person reside at a
stated approved mental health facility or approved community
care facility; and
(c) the person is not present at the facility as required under the
order.
Part 10 Mental Health Act 2015
Section 75
page 46 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) A police officer may apprehend the person and return the person to
the approved mental health facility or approved community care
facility stated in the order.
Note See s 263 (Powers of entry and apprehension) and s 264 (Powers of
search and seizure).
(3) The approved mental health facility or approved community care
facility must tell the ACAT and chief psychiatrist, in writing, as soon
as practicable after the person is returned to the facility under
subsection (2).
75 Review of conditions of release
Section 182 (1) to (3), except note
substitute
(1) The ACAT must review each condition to which a person is subject
under a conditional release order—
(a) at least every 6 months while the order is in force; and
(b) within 72 hours after receiving notice of the person contravening
a condition of the order from—
(i) for a notice under section 181 (2)—the chief psychiatrist;
or
(ii) for a notice under section 181A (3)—the approved mental
health facility or approved community care facility; or
(iii) in any other case—a police officer or any other person.
(2) A review required under subsection (1) (b) may be conducted without
a hearing.
Mental Health Act 2015 Part 10
Section 76
A2026-6 Crimes Legislation Amendment Act 2026 page 47
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
76 Section 182 (4)
omit
of an order of release for a person
substitute
of a person’s conditional release order
77 Notice of hearing
Section 188 (3) (f)
omit
section 182 (2)
substitute
section 182 (1) (b)
78 Powers of entry and apprehension
New section 263 (1) (ja)
insert
(ja) section 181A (Power to return person under conditional release
order to approved facility);
79 Powers of search and seizure
New section 264 (1) (oa)
insert
(oa) section 181A (Power to return person under conditional release
order to approved facility);
Part 10 Mental Health Act 2015
Section 80
page 48 Crimes Legislation Amendment Act 2026 A2026-6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
80 Dictionary, new definition of conditional release order
insert
conditional release order, for chapter 10 (Referrals by courts under
Crimes Act and Children and Young People Act)—see
section 180 (4).
81 New chapter 21
insert
Chapter 21 Transitional—Crimes
Legislation Amendment
Act 2026
305 Meaning of commencement day—ch 21
In this chapter:
commencement day means the day the Crimes Legislation
Amendment Act 2026, section 3 commences.
306 Contravention of conditional release order before
commencement day—chief psychiatrist notice to ACAT
(1) This section applies if—
(a) a person contravened a conditional release order in force
immediately before the commencement day; and
(b) the chief psychiatrist has not told the ACAT of the
contravention.
(2) Section 181 (2) applies in relation to the contravention.
Mental Health Act 2015 Part 10
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307 Contravention of conditional release order before
commencement day—return to approved facility
(1) This section applies if—
(a) a conditional release order was in force immediately before the
commencement day in relation to a person; and
(b) the order was subject to a condition that the person reside at a
stated approved mental health facility or approved community
care facility; and
(c) the person is not present at the facility as required under the
order.
(2) Section 181A applies in relation to the contravention.
308 Contravention of conditional release order before
commencement day—ACAT review
(1) This section applies if—
(a) a person contravened a conditional release order in force
immediately before the commencement day; and
(b) the ACAT did not review, or did not make an order in relation
to, each condition of the person’s conditional release order in
accordance with section 182 (2) as in force immediately before
the commencement day.
(2) Section 182 applies in relation to the contravention.
309 ACAT order not made before commencement day—
review of conditions
(1) This section applies if—
(a) a conditional release order was in force immediately before the
commencement day in relation to a person; and
Part 10 Mental Health Act 2015
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(b) the ACAT was required to review—
(i) a condition of the order under section 182 (1) as in force
immediately before the commencement day; or
(ii) each condition of the order under section 182 (2) as in
force immediately before the commencement day; and
(c) the ACAT did not complete the review or make an order in
relation to the person.
(2) Section 182 applies in relation to the ACAT’s review of the
conditions of the person’s conditional release order.
310 Expiry—ch 21
This chapter expires 2 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have
effect after its repeal (see Legislation Act, s 88).
Victims of Crime Act 1994 Part 11
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Part 11 Victims of Crime Act 1994
82 Section 29A and note
substitute
29A Delegation by chief police officer
The chief police officer may delegate a function under this Act to a
police officer or a staff member of the Australian Federal Police
whose functions include victim liaison.
Note For laws about delegations, see the Legislation Act, pt 19.4.