This is a compilation of the Criminal Code Act 1995 that shows the text of the law as amended and in force on 14 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 The Criminal Code
3A External Territories
3B Offshore installations
4 Definitions
5 Regulations
Schedule—The Criminal Code
Chapter 1—Codification
Division 1
1.1 Codification
Chapter 2—General principles of criminal responsibility
Part 2.1—Purpose and application
Division 2
2.1 Purpose
2.2 Application
2.3 Application of provisions relating to intoxication
Part 2.2—The elements of an offence
Division 3—General
3.1 Elements
3.2 Establishing guilt in respect of offences
Division 4—Physical elements
4.1 Physical elements
4.2 Voluntariness
4.3 Omissions
Division 5—Fault elements
5.1 Fault elements
5.2 Intention
5.3 Knowledge
5.4 Recklessness
5.5 Negligence
5.6 Offences that do not specify fault elements
Division 6—Cases where fault elements are not required
6.1 Strict liability
6.2 Absolute liability
Part 2.3—Circumstances in which there is no criminal responsibility
Division 7—Circumstances involving lack of capacity
15.1 Extended geographical jurisdiction—category A
15.2 Extended geographical jurisdiction—category B
15.3 Extended geographical jurisdiction—category C
15.4 Extended geographical jurisdiction—category D
Division 16—Miscellaneous
16.1 Attorney‑General’s consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
16.2 When conduct taken to occur partly in Australia
16.3 Meaning of Australia
16.4 Result of conduct
Chapter 4—The integrity and security of the international community and foreign governments
Division 70—Bribery of foreign public officials
Subdivision A—Definitions
70.1 Definitions
Subdivision B—Bribery of foreign public officials
70.2 Bribing a foreign public official
70.2A Improper influence
70.3 Defence—conduct lawful in foreign public official’s country
70.4 Defence—facilitation payments
70.5 Territorial and nationality requirements
Subdivision C—Failure to prevent bribery of foreign public officials
70.5A Failing to prevent bribery of a foreign public official
70.5B Guidance on preventing bribery of foreign public officials
Subdivision D—Miscellaneous
70.5C Meaning of annual turnover
70.5D Related bodies corporate
70.6 Saving of other laws
Division 71—Offences against United Nations and associated personnel
71.1 Purpose
71.2 Murder of a UN or associated person
71.3 Manslaughter of a UN or associated person
71.4 Intentionally causing serious harm to a UN or associated person
71.5 Recklessly causing serious harm to a UN or associated person
71.6 Intentionally causing harm to a UN or associated person
71.7 Recklessly causing harm to a UN or associated person
71.8 Unlawful sexual penetration
71.9 Kidnapping a UN or associated person
71.10 Unlawful detention of UN or associated person
71.11 Intentionally causing damage to UN or associated person’s property etc.
71.12 Threatening to commit other offences
71.13 Aggravated offences
71.14 Defence—activities involving serious harm
71.15 Defence—medical or hygienic procedures
71.16 Jurisdictional requirement
71.17 Exclusion of this Division if State/Territory laws provide for corresponding offences
71.18 Double jeopardy
71.19 Saving of other laws
71.20 Bringing proceedings under this Division
71.21 Ministerial certificates relating to proceedings
71.22 Jurisdiction of State courts preserved
71.23 Definitions
Division 72—Explosives and lethal devices
Subdivision A—International terrorist activities using explosive or lethal devices
72.1 Purpose
72.2 ADF members not liable for prosecution
72.3 Offences
72.4 Jurisdictional requirement
72.5 Saving of other laws
72.6 Double jeopardy and foreign offences
72.7 Bringing proceedings under this Subdivision
72.8 Ministerial certificates relating to proceedings
72.9 Jurisdiction of State courts preserved
72.10 Definitions
Subdivision B—Plastic explosives
72.11 Purpose
72.12 Trafficking in unmarked plastic explosives etc.
72.13 Importing or exporting unmarked plastic explosives etc.
72.14 Manufacturing unmarked plastic explosives etc.
72.15 Possessing unmarked plastic explosives etc.
72.16 Defences
72.17 Packaging requirements for plastic explosives
72.18 Authorisation for research etc.
72.19 Authorisation for defence and police purposes—15 year limit
72.22 Authorisation for overseas defence purposes—7 day limit
72.23 Authorisation for overseas Australian Federal Police purposes—7 day limit
72.24 Forfeited plastic explosives
72.25 Surrendered plastic explosives
72.26 Destruction of plastic explosives obtained overseas for defence purposes
72.27 Destruction of plastic explosives obtained overseas for Australian Federal Police purposes
72.28 Delegation by AFP Minister
72.29 Delegation by Minister for Defence
72.30 Review by Administrative Review Tribunal of authorisation decisions
72.31 Geographical jurisdiction
72.32 Saving of other laws
72.33 Marking requirements
72.34 Detection agents and minimum manufacture concentrations
72.35 Presumption as to concentration of detection agent
72.36 Definitions
Subdivision C—Cluster munitions and explosive bomblets
72.37 Purpose
72.38 Offences relating to cluster munitions
72.39 Defence—acquisition or retention authorised by Defence Minister
72.40 Defence—transfer for destruction etc.
72.41 Defence—acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions
72.42 Defence—acts by military personnel of countries not party to Convention on Cluster Munitions
72.43 Forfeiture of cluster munition
72.44 Application of this Subdivision to explosive bomblets
72.45 Definitions
Division 73—People smuggling and related offences
Subdivision A—People smuggling offences
73.1 Offence of people smuggling
73.2 Aggravated offence of people smuggling (danger of death or serious harm etc.)
73.3 Aggravated offence of people smuggling (at least 5 people)
73.3A Supporting the offence of people smuggling
73.4 Jurisdictional requirement
73.5 Attorney‑General’s consent required
Subdivision B—Document offences related to people smuggling and unlawful entry into foreign countries
73.6 Meaning of travel or identity document
73.7 Meaning of false travel or identity document
73.8 Making, providing or possessing a false travel or identity document
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
73.11 Taking possession of or destroying another person’s travel or identity document
73.12 Jurisdictional requirement
Chapter 5—The security of the Commonwealth
Part 5.1—Treason and related offences
Division 80—Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Subdivision A—Preliminary
80.1A Definitions
80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B—Treason
80.1 Treason
80.1AA Treason—assisting enemy to engage in armed conflict
80.1AB Proclamation of enemy engaged in armed conflict
80.1AC Treachery
Subdivision C—Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide
80.2 Urging violence against the Constitution etc.
80.2A Advocating force or violence against groups
80.2B Advocating force or violence against members of groups or close associates
80.2BA Threatening force or violence against groups
80.2BB Threatening force or violence against members of groups or close associates
80.2BC Advocating damage to or destruction of real property or motor vehicle
80.2BD Threatening damage to or destruction of real property or motor vehicle
80.2BE Advocating force or violence through causing damage to property
80.2C Advocating terrorism
80.2D Advocating genocide
80.2DA Aggravated offence for religious officials or other spiritual leaders etc.
80.2DB Aggravated offence—advocating violence or property damage etc. to a child
Subdivision CA—Publicly displaying, and trading in, prohibited symbols and giving Nazi salute
80.2E Prohibited symbols
80.2F Meaning of displayed in a public place
80.2FA Meaning of makes a gesture in a public place
80.2G Meaning of trades
80.2H Public display of prohibited Nazi symbols or giving Nazi salute
80.2HA Public display of prohibited organisation symbols
80.2J Trading in prohibited Nazi symbols
80.2JA Trading in prohibited organisation symbols
80.2K Directions to cease display of prohibited symbols in public
80.2L Directions to cease display of prohibited symbols in public—person to whom, and form in which, direction may be given
80.2M Directions to cease display of prohibited symbols in public—offence
80.2N Seizing things displaying prohibited symbols in public
Subdivision D—Common provisions
80.3 Defence for acts done in good faith
80.4 Extended geographical jurisdiction for offences
80.6 Division not intended to exclude State or Territory law
Division 82—Sabotage
Subdivision A—Preliminary
82.1 Definitions
82.2 Public infrastructure
82.2A Expressions also used in the Australian Security Intelligence Organisation Act 1979
Subdivision B—Offences
82.3 Offence of sabotage involving foreign principal with intention as to national security
82.4 Offence of sabotage involving foreign principal reckless as to national security
82.5 Offence of sabotage with intention as to national security
82.6 Offence of sabotage reckless as to national security
82.7 Offence of introducing vulnerability with intention as to national security
82.8 Offence of introducing vulnerability reckless as to national security
82.9 Preparing for or planning sabotage offence
82.10 Defences
82.11 Geographical jurisdiction
82.12 Alternative verdicts
82.13 Consent of Attorney‑General required for prosecutions
Division 83—Other threats to security
83.1A Expressions also used in the Australian Security Intelligence Organisation Act 1979
83.1 Advocating mutiny
83.2 Assisting prisoners of war to escape
83.3 Military‑style training involving foreign government principal etc.
83.4 Interference with political rights and duties
83.5 Consent of Attorney‑General required for prosecutions
Part 5.2—Espionage and related offences
Division 90—Preliminary
90.1 Definitions
90.2 Definition of foreign principal
90.3 Definition of foreign government principal
90.4 Definition of national security
90.5 Definition of security classification
90.6 Expressions also used in the Australian Security Intelligence Organisation Act 1979
Division 91—Espionage
Subdivision A—Espionage
91.1 Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal
91.2 Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal
91.3 Espionage—security classified information etc.
91.4 Defences
91.5 Matters affecting sentencing for offence against subsection 91.1(1)
91.6 Aggravated espionage offence
91.7 Geographical jurisdiction
Subdivision B—Espionage on behalf of foreign principal
91.8 Espionage on behalf of foreign principal
91.9 Defences
91.10 Geographical jurisdiction
Subdivision C—Espionage‑related offences
91.11 Offence of soliciting or procuring an espionage offence or making it easier to do so
91.12 Offence of preparing for an espionage offence
91.13 Defences
91.14 Geographical jurisdiction
Division 92—Foreign interference
Subdivision A—Preliminary
92.1 Definitions
Subdivision B—Foreign interference
92.2 Offence of intentional foreign interference
92.3 Offence of reckless foreign interference
92.4 Offence of preparing for a foreign interference offence