This is a piece of Federal legislation in Australia. Pursuant to the Australian Constitution it prevails in any conflict with State laws dealing with the subject of crime. The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ...

The Commonwealth (or Federal) Government may not intrude upon the authority of the Australian States to legislate with respect to crime affecting their exclusive sphere of constitutional responsibility. For example, it may not legislate criminal penalties for the evasion of State taxes.

The Commonwealth may, however, legislate upon the subject of crime affecting its areas of conjoint (such as with respect to defence) or exclusive (such as with respect to external territories) responsibility.

Need for the Act

The Australian Federal Government started out in 1901 as a very small affair. As it grew in size and influence the need became apparent for new Federal agencies and legislation to protect the dignity and interests of the Commonwealth. For example, the neeed for an Australian Federal Police became apparent when Prime Minister William Hughes was violently egged and assaulted by an anti-conscription crowd at Warwick, Queensland, in 1917 and the Queensland State Police neglected to step in to protect him.^[1] 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... The Australian Federal Police (AFP) is the federal or Commonwealth police force of Australia. ... Rt Hon Billy Hughes William Morris Billy Hughes (September 25, 1862 - October 28, 1952), Australian politician, was the seventh Prime Minister of Australia, the longest-serving member of the Australian Parliament, and one of the most controversial figures in Australian political history. ... Egged may refer to a bus cooperative. ... Year 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ...

Thus, there was no federal crimes act for the first thirteen years of Federation although certain offences had been defined by earlier legislation.

Scheme of the Act

Part 1AA - powers of search, entry, arrest, seizure, interrogation, questioning protocol
Part 1AB - controlled operations, ombudsman's oversight
Part 1AC - use of assumed identities permissible
Part 1AD - protection of children in proceedings for child sexual offences
Part 1AE - video link evidence in proceedings for terrorism etc offences
Part 1B - sentencing, imprisonment and release of federal offenders
Part 1C - powers of detention, obligations of investigators
Part 1D - taking samples from suspects and witnesses, integration of DNA databases
Part 2 - offences
Part 3 - offences relating to the administration of justice
Part 3A - child sex tourism
Part 4 - piracy
Part 6 - offences by and against public officers
Part 7 - official secrets, unlawful soundings
Part 7A - postal offences
Part 7C - pardons, quashing of convictions, spent convictions
Part 8 - miscellaneous
The structure of part of a DNA double helix Deoxyribonucleic acid (DNA) is a nucleic acid that contains the genetic instructions for the development and function of living organisms. ...

Selected offences and their maximum penalties

Treachery: life imprisonment. This covers acts with intention to overthrow governments in Australia and 'proclaimed countries', and assistance to 'proclaimed enemies' and 'proclaimed countries'.

In law, treason is the crime of disloyalty to ones nation. ...

Sabotage: 15 years imprisonment.

German supply train blown up by the Armia Krajowa during World War II Sabotage is a deliberate action aimed at weakening an enemy, oppressor or employer through subversion, obstruction, disruption, and/or destruction. ...

Inciting mutiny: life imprisonment.

Mutiny is the act of conspiring to disobey an order that a group of similarly-situated individuals (typically members of the military; or the crew of any ship, even if they are civilians) is legally obliged to obey. ...

Assisting escape of prisoners of war: life imprisonment.

Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ...

Unlawful drilling (in military exercises): 5 years for drill organisers, 2 years for others

Damage to Commonwealth property: 10 years imprisonment

Membership of unlawful associations (such associations must be formed with seditious intention): one year's imprisonment

Sedition is a term of law to refer to covert conduct such as speech and organization that is deemed by the legal authority as tending toward insurrection against the established order. ...

Incitement to destroy Commonwealth property or to overthrow a government: up to 2 years imprisonment

Perjury: 5 years imprisonment

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...

Escaping from lawful custody: 17 years imprisonment

Harboring an escapee: 5 years imprisonment

Underaged sex overseas: 17 years imprisonment

Piracy: imprisonment for life, vessels liable to be seized

This article is about nautical piracy. ...

Unlawful disclosure by Commonwealth officer: 2 years

Disclosure of official secrets with prejudicial intent: 7 years

Mailing prescribed narcotics: 2 years

The term narcotic, derived from the Greek word for stupor, originally referred to a variety of substances that induced sleep (such state is narcosis). ...

Obstruction of the post: 2 years

Other miscellaneous offences

Trespassing on Commonwealth land (punishable by fine)
Unlawful discharge of firearm on (or over) Commonwealth land (punishable by six months imprisonment)
Livestock trespass onto Commonwealth land (small fine)
False certification under a Commonwealth law (up to two years imprisonment)
False official statement to a Commonwealth or Territory government officer (up to two years imprisonment) A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly...

External Links

Text of the Act, Australian Legal Information Institute