Criminal Legislations

Section 471.22 Criminal Code Act | Aggravated Child Pornography Offences


Section 471.22 of the Criminal Code Act 1995 (Cth) is Aggravated Child Pornography Offences and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Aggravated Child Pornography Offences matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people

(1) A person commits an offence against this section if:

(a) the person commits an offence against one or more of the following provisions on 3 or more separate occasions:

(i) section 471.16 (using a postal or similar service for child pornography material);

(ii) section 471.17 (possessing etc. child pornography material for use through a postal or similar service);

(iii) section 471.19 (using a postal or similar service for child abuse material);

(iv) section 471.20 (possessing etc. child abuse material for use through a postal or similar service); and

(b) the commission of each such offence involves 2 or more people.

Penalty: Imprisonment for 25 years.

(2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 471.16, 471.17, 471.19 or 471.20.

(3) To avoid doubt, a person does not commit an offence against section 471.16, 471.17, 471.19 or 471.20 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same

(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.

(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 471.16, 471.17, 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.

(6) Subsection (5) does not prevent an alternative verdict under section 471.23.

(7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 471.16, 471.17, 471.19 or 471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

Section 474.24A Criminal Code Act | Aggravated Child Abuse Material


Section 474.24A of the Criminal Code Act 1995 (Cth) is Aggravated Child Abuse Material and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Aggravated Child Abuse Material matter, call Sydney Criminal Lawyers today on
(02) 9261 8881
.

The Legislation

474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people

(1) A person commits an offence against this section if:

(a) the person commits an offence against one or more of the following provisions on 3 or more separate occasions:

(i) section 474.19 (using a carriage service for child pornography material);

(ii) section 474.20 (possessing etc. child pornography material for use through a carriage service);

(iii) section 474.22 (using a carriage service for child abuse material);

(iv) section 474.23 (possessing etc. child abuse material for use through a carriage service); and

(b) the commission of each such offence involves 2 or more people.

Penalty: Imprisonment for 25 years.

(2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 474.19, 474.20, 474.22 or 474.23.

(3) To avoid doubt, a person does not commit an offence against section 474.19, 474.20, 474.22 or 474.23 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same

(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.

(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 474.19, 474.20, 474.22 or 474.23 in relation to the conduct that constituted the aggravated offence.

(6) Subsection (5) does not prevent an alternative verdict under section 474.24B.

(7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 474.19, 474.20, 474.22 or 474.23 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

Section 135.4(7) Criminal Code Act | Dishonestly Conspiring to Influence Public Official


Section 135.4(7) of the Criminal Code Act 1995 (Cth) is Dishonestly Conspiring to Influence Public Official and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Dishonestly Conspiring to Influence Public Official matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

Influencing a Commonwealth public official

(7)  A person is guilty of an offence if:

(a)  the person conspires with another person with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official; and

(b)  the public official is a Commonwealth public official; and

(c)  the duties are duties as a Commonwealth public official.

Penalty:  Imprisonment for 10 years.

(8)  In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:

(a)  that the official was a Commonwealth public official; or

(b)  that the duties were duties as a Commonwealth public official.

Criminal Code Act 1995 (Cth)


Click on the appropriate link below to read the relevant section of the Criminal Code Act 1995 (Cth).

Section 70.2 Criminal Code Act | Bribing a Foreign Public Official

Section 71.2 Criminal Code Act | Murder of a UN or Associated Person

Section 71.3 Criminal Code Act | Manslaughter of a UN or Associated Person

Section 71.4 Criminal Code Act | Intentionally Harm UN or Associated Person

Section 71.5 Criminal Code Act | Recklessly Cause Serious Harm to UN or Associated Person

Section 71.6 Criminal Code Act | Intentionally Cause Harm to a UN or Associated Person

Section 71.7 Criminal Code Act | Recklessly Cause Harm to UN or Associated Person

Section 71.8 Criminal Code Act | Unlawful Sexual Penetration

Section 71.9 Criminal Code Act | Kidnapping UN or Associated Person

Section 71.10 Criminal Code Act | Unlawful Detention of UN or Associated Person

Section 71.11 Criminal Code Act | Intentionally Damage UN or Associated Person’s Property

Section 71.12 Criminal Code Act | Threatening to Commit Offences

Section 71.13 Criminal Code Act | Aggravated Criminal Offences

Section 72.12 Criminal Code Act | Trafficking in Unmarked Plastic Explosives

Section 72.13 Criminal Code Act | Importing or Exporting Unmarked Plastic Explosives

Section 72.14 Criminal Code Act | Manufacturing Unmarked Plastic Explosives

Section 72.15 Criminal Code Act | Possessing Unmarked Plastic Explosives

Section 72.17 Criminal Code Act | Packaging of Unmarked Plastic Explosives

Section 73.1 Criminal Code Act | People Smuggling

Section 73.2 Criminal Code Act | Aggravated People Smuggling

Section 73.3 Criminal Code Act | Aggravated People Smuggling 5 people or more

Section 73.3A Criminal Code Act | Supporting People Smuggling

Section 73.8 Criminal Code Act | False Travel or Identity Documents

Section 73.9 Criminal Code Act | Dishonestly Altered Travel or Identity Documents

Section 73.10 Criminal Code Act | Travel or Identity Documents for Use by Person Other Than Owner

Section 73.11 Criminal Code Act | Taking or Destroying Travel or Identity Documents

Section 80.1 Criminal Code Act | Treason

Section 80.1AA Criminal Code Act | Materially Assisting Enemies

Section 80.2 Criminal Code Act | Urging Violence Against Constitution

Section 80.2A Criminal Codes Act | Urging Violence Against Groups

Section 80.2B Criminal Code Act | Urging Violence Against Members of Groups

Section 91.1 Criminal Code Act | Espionage

Section 101.1 Criminal Code Act | Terrorist Acts

Section 101.2 Criminal Code Act | Providing or Receiving Training for Terrorist Acts

Section 101.4 Criminal Code Act | Possessing Things Connected with Terrorist Acts

Section 101.5 Criminal Code Act | Documents Likely to Facilitate Terrorist Acts

Section 101.6 Criminal Code Act | Planning or Preparing Terrorist Acts

Section 102.2 Criminal Code Act | Directing Terrorist Organisation

Section 102.3 Criminal Code Act | Membership of Terrorist Organisation

Section 102.4 Criminal Code Act | Recruiting for a Terrorist Organisation

Section 102.5 Criminal Code Act | Training Terrorist Organisation

Section 102.6 Criminal Code Act | Funding Terrorist Organisation

Section 102.7 Criminal Code Act | Providing Support to Terrorist Organisation

Section 102.8 Criminal Code Act | Associating with Terrorist Organisations

Section 103.1 Criminal Code Act | Financing Terrorism

Section 103.2 Criminal Code Act | Financing a Terrorist

Section 104.27 Criminal Code Act | Contravening Control Order

Section 105.41 Criminal Code Act | Disclosing Preventative Detention Order

Section 105.42 Criminal Code Act | Questioning Detainee

Section 105.43 Criminal Code Act | Recording Detainee Details

Section 105.45 Criminal Code Act | Contravening Safeguards

Section 115.1 Criminal Code Act | Murder of Australian Citizen or Resident

Section 115.2 Criminal Code Act | Manslaughter of Australian Citizen or Resident

Section 115.3 Criminal Code Act | Intentionally Cause Serious Harm to Australian Citizen or Resident

Section 115.4 Criminal Code Act | Recklessly Cause Serious Harm to Australian Citizen or Resident

Section 131.1 Criminal Code Act | Theft

Section 131.4 Criminal Code Act | Theft of Land

Section 132.1 Criminal Code Act | Receiving

Section 132.2 Criminal Code Act | Robbery

Section 132.3 Criminal Code Act | Aggravated Robbery

Section 132.4 Criminal Code Act | Burglary

Section 132.5 Criminal Code Act | Aggravated Burglary

Section 132.6 Criminal Code Act | Making Off Without Payment

Section 132.7 Criminal Code Act | Going Equipped for Theft

Section 132.8 Criminal Code Act | Dishonest Taking of Property

Section 134.1 Criminal Code Act | Obtaining Property by Deception

Section 134.2 Criminal Code Act | Obtaining Financial Advantage by Deception

Section 135.1 Criminal Code Act | General Dishonesty

Section 135.1(3) Criminal Code Act | Dishonestly Causing a Loss

Section 135.1 (7) Criminal Code Act | Dishonestly Influencing a Commonwealth Public Official

Section 135.2 Criminal Code Act | Obtaining Financial Advantage

Section 135.4 Criminal Code Act | Conspiracy to Defraud

Section 135.4(3) Criminal Code Act | Conspiring to Dishonestly Cause a Loss

Section 135.4(7) Criminal Code Act | Dishonestly Conspiring to Influence Public Official

Section 137.1 Criminal Code Act | False or Misleading Information

Section 137.2 Criminal Code Act | False or Misleading Documents

Section 139.1 Criminal Code Act | Unwarranted Demands of Commonwealth Public Official

Section 141.1 Criminal Code Act | Bribery of Commonwealth Public Official

Section 142.1 Criminal Code Act | Corrupt Benefits by or to Commonwealth Public Official

Section 142.2 Criminal Code Act | Abuse of Public Office

Section 144.1 Criminal Code Act | Forgery

Section 145.1 Criminal Code Act | Using Forged Document

Section 145.2 Criminal Code Act | Possession of Forged Document

Section 145.3 Criminal Code Act | Devices for Making Forgeries

Section 145.4 Criminal Code Act | Falsification of Documents

Section 145.5 Criminal Code Act | Giving Information from False Documents

Section 147.1 Criminal Code Act | Causing Harm to Commonwealth Public Official

Section 147.2 Criminal Code Act | Threatening Harm to Commonwealth Public Official

Section 148.1 Criminal Code Act | Impersonating a Commonwealth Public Official

Section 148.2 Criminal Code Act | Impersonating an Official by Another Official

Section 149.1 Criminal Code Act | Obstruction of Commonwealth Public Officials

Section 268.3 Criminal Code Act | Genocide by Killing

Section 268.4 Criminal Code Act | Genocide by Causing Serious Harm

Section 268.5 Criminal Code Act | Genocide by Inflicting Destructive Life Conditions

Section 268.6 Criminal Code Act | Genocide by Preventing Births

Section 268.7 Criminal Code Act | Genocide by Forcibly Transferring Children

Section 268.8 Criminal Code Act | Crimes Against Humanity Murder

Section 268.9 Criminal Code Act | Crimes Against Humanity Extermination

Section 268.10 Criminal Code Act | Crimes Against Humanity Enslavement

Section 268.11 Criminal Code Act | Crimes Against Humanity Deportation

Section 268.12 Criminal Code Act | Crimes Against Humanity Imprisonment

Section 268.13 Criminal Code Act | Crimes Against Humanity Torture

Section 268.14 Criminal Code Act | Crimes Against Humanity Rape

Section 268.15 Criminal Code Act | Crimes Against Humanity Sexual Slavery

Section 268.16 Criminal Code Act | Crimes Against Humanity Enforced Prostitution

Section 268.17 Criminal Code Act | Crimes Against Humanity Forced Pregnancy

Section 268.18 Criminal Code Act | Crimes Against Humanity Enforced Sterilisation

Section 268.19 Criminal Code Act | Crimes Against Humanity Sexual Violence

Section 268.20 Criminal Code Act | Crimes Against Humanity Persecution

Section 268.21 Criminal Code Act | Crimes Against Humanity Enforced Disappearance

Section 268.22 Criminal Code Act | Crimes Against Humanity Apartheid

Section 268.23 Criminal Code Act | Crimes Against Humanity Inhumane Act

Section 268.24 Criminal Code Act | International War Crime Wilful Killing

Section 268.25 Criminal Code Act | International War Crime Torture

Section 268.26 Criminal Code Act | International War Crime Inhumane Treatment

Section 268.27 Criminal Code Act | International War Crime Biological Experiments

Section 268.28 Criminal Code Act | International War Crime Wilfully Causing Great Suffering

Section 268.29 Criminal Code Act | International War Crime Destruction and Appropriation of Property

Section 268.30 Criminal Code Act | International War Crime Compelling Service in Hostile Force

Section 268.31 Criminal Code Act | International War Crime Denying Fair Trial

Section 268.32 Criminal Code Act | International War Crime Unlawful Deportation

Section 268.33 Criminal Code Act | International War Crime Unlawful Confinement

Section 268.34 Criminal Code Act | International War Crime Taking Hostages

Section 268.35 Criminal Code Act | International War Crime Attacking Civilians

Section 268.36 Criminal Code Act | International War Crime Attacking Civilian Objects

Section 268.37 Criminal Code Act | International War Crime Attacking Peacekeepers

Section 268.38 Criminal Code Act | International War Crime Excessive Incidental Death

Section 268.39 Criminal Code Act | International War Crime Attacking Undefended Places

Section 268.40 Criminal Code Act | International War Crime Killing a Hors de Combat

Section 268.41 Criminal Code Act | International War Crime Improper use of Flag of Truce

Section 268.42 Criminal Code Act | International War Crime Improper use of Enemy Flag

Section 268.43 Criminal Code Act | International War Crime Improper use of UN Flag

Section 268.44 Criminal Code Act | International War Crime Improper Use of Emblems

Section 268.45 Criminal Code Act | International War Crime Transfer of Population

Section 268.46 Criminal Code Act | International War Crime Attacking Protected Objects

Section 268.47 Criminal Code Act | International War Crime Mutilation

Section 268.48 Criminal Code Act | International War Crime Medical or Scientific Experiments

Section 268.49 Criminal Code Act | International War Crime Treacherously Killing or Injuring

Section 268.50 Criminal Code Act | International War Crime Denying Quarter

Section 268.51 Criminal Code Act | International War Crime Destroying Enemy Property

Section 268.52 Criminal Code Act | International War Crime Denying Enemy Rights

Section 268.53 Criminal Code Act | International War Crime Compelling Participation in Military

Section 268.54 Criminal Code Act | International War Crime Pillaging

Section 268.55 Criminal Code Act | International War Crime Employing Poison

Section 268.56 Criminal Code Act | International War Crime Employing Prohibited Gases

Section 268.57 Criminal Code Act | International War Crime Employing Prohibited Bullets

Section 268.58 Criminal Code Act | International War Crime Outrages Upon Personal Dignity

Section 268.59 Criminal Code Act | International War Crime Rape

Section 268.60 Criminal Code Act | International War Crime Sexual Slavery

Section 268.61 Criminal Code Act | International War Crime Enforced Prostitution

Section 268.62 Criminal Code Act | International War Crime Forced Pregnancy

Section 268.63 Criminal Code Act | International War Crime Enforced Sterilisation

Section 268.64 Criminal Code Act | International War Crime Sexual Violence

Section 268.65 Criminal Code Act | International War Crime Using Protected Persons as Shields

Section 268.66 Criminal Code Act | International War Crime Attacking Persons Using Emblems

Section 268.67 Criminal Code Act | International War Crime Starvation

Section 268.68 Criminal Code Act | International War Crime Using Children

Section 268.70 Criminal Code Act | National War Crime Murder

Section 268.71 Criminal Code Act | National War Crime Mutilation

Section 268.72 Criminal Code Act | National War Crime Cruel Treatment

Section 268.73 Criminal Code Act | National War Crime Torture

Section 268.74 Criminal Code Act | National War Crime Outrages Upon Personal Dignity

Section 268.75 Criminal Code Act | National War Crime Taking Hostages

Section 268.76 Criminal Code Act | National War Crime Sentencing Without Due Process

Section 268.77 Criminal Code Act | National War Crime Attacking Civilians

Section 268.78 Criminal Code Act | National War Crime Attacking Persons with Emblems

Section 268.79 Criminal Code Act | National War Crime Attacking Peacekeepers

Section 268.80 Criminal Code Act | National War Crime Attacking Protected Objects

Section 268.81 Criminal Code Act | National War Crime Pillaging

Section 268.82 Criminal Code Act | National War Crime Rape

Section 268.83 Criminal Code Act | National War Crime Sexual Slavery

Section 268.84 Criminal Code Act | National War Crime Enforced Prostitution

Section 268.85 Criminal Code Act | National War Crime Forced Pregnancy

Section 268.86 Criminal Code Act | National War Crime Enforced Sterilisation

Section 268.87 Criminal Code Act | National War Crime Sexual Violence

Section 268.88 Criminal Code Act | National War Crime Use of Children

Section 268.89 Criminal Code Act | National War Crime Displacing Civilians

Section 268.90 Criminal Code Act | National War Crime Treacherously Killing or Injuring

Section 268.91 Criminal Code Act | National War Crime Denying Quarter

Section 268.92 Criminal Code Act | National War Crime Mutilation

Section 268.93 Criminal Code Act | National War Crime Medical or Scientific Experiments

Section 268.94 Criminal Code Act | National War Crime Destroying Enemy Property

Section 268.95 Criminal Code Act | International War Crime Medical Procedure

Section 268.96 Criminal Code Act | International War Crime Transplantation

Section 268.97 Criminal Code Act | International War Crime Attacks Against Works or Installations

Section 268.98 Criminal Code Act | International War Crime Attacking Undefended Places

Section 268.40 Criminal Code Act | International War Crime Killing a Hors de Combat

Section 268.100 Criminal Code Act | International War Crime Apartheid

Section 268.101 Criminal Code Act | International War Crime Attacking Protected Objects

Section 268.102 Criminal Code Act | Perjury in International Criminal Court

Section 268.103 Criminal Code Act | Falsifying Evidence in International Criminal Court

Section 268.104 Criminal Code Act | Destroying Evidence of International Criminal Court

Section 268.105 Criminal Code Act | Deceiving Witnesses in International Criminal Court

Section 268.106 Criminal Code Act | Corrupting Witnesses in International Criminal Court

Section 268.107 Criminal Code Act | Threatening Witnesses of International Criminal Court

Section 268.108 Criminal Code Act | Preventing Witnesses of International Criminal Court

Section 268.109 Criminal Code Act | Preventing Production of Things in International Criminal Court

Section 268.110 Criminal Code Act | Reprisals Against Witnesses of International Criminal Court

Section 268.111 Criminal Code Act | Reprisals Against Officials of International Criminal Court

Section 268.112 Criminal Code Act | Perverting the Course of Justice

Section 268.113 Criminal Code Act | Corruption by Official of International Criminal Court

Section 268.119 Criminal Code Act | Contravening Order of International Criminal Court

Section 270.3 Criminal Code Act | Slavery

Section 270.6 Criminal Code Act | Sexual Servitude

Section 270.7 Criminal Code Act | Deceptive Recruiting for Sexual Services

Section 271.2 Criminal Code Act | Trafficking in Persons

Section 271.3 Criminal Code Act | Aggravated Trafficking in Persons

Section 271.4 Criminal Code Act | Trafficking in Children

Section 271.5 Criminal Code Act | Domestic Trafficking in Persons

Section 271.7 Criminal Code Act | Domestic Trafficking in Children

Section 271.8 Criminal Code Act | Debt Bondage

Section 271.9 Criminal Code Act | Aggravated Debt Bondage

Section 272.8 Criminal Code Act | Sexual Intercourse with Child Outside Australia

Section 272.9 Criminal Code Act | Sexual Activity with Child Outside Australia

Section 272.10 Criminal Code Act | Sexual Activity with Vulnerable Child

Section 272.11 Criminal Code Act | Persistent Sexual Abuse of Child Outside Australia

Section 272.12 Criminal Code Act | Sexual Intercourse Child Outside Australia Position of Authority

Section 272.13 Criminal Code Act | Sexual Activity Child Outside Australia Position of Authority

Section 272.14 Criminal Code Act | Procuring Child for Sexual Activity Outside Australia

Section 272.15 Criminal Code Act | Grooming Child for Sexual Activity Outside Australia

Section 272.18 Criminal Code Act | Benefiting from Child Sexual Activity Outside Australia

Section 272.19 Criminal Code Act | Encouraging Child Sexual Activity Outside Australia

Section 272.20 Criminal Code Act | Preparing or Planning Child Sexual Activity Outside Australia

Section 273.5 Criminal Code Act | Child Pornography Outside Australia

Section 273.6 Criminal Code Act | Child Abuse Material Outside Australia

Section 273.7 Criminal Code Act | Aggravated Child Pornography Outside Australia

Section 274.2 Criminal Code Act | Torture

Section 302.2 Criminal Code Act | Trafficking Commercial Quantity of Drugs

Section 302.3 Criminal Code Act | Trafficking Marketable Quantity of Drugs

Section 302.4 Criminal Code Act | Trafficking Controlled Drugs

Section 303.4 Criminal Code Act | Cultivating Commercial Quantity of Controlled Plants

Section 303.5 Criminal Code Act | Cultivating Marketable Quantity of Controlled Plants

Section 303.6 Criminal Code Act | Cultivating Controlled Plants

Section 304.1 Criminal Code Act | Selling Commercial Quantity of Controlled Plants

Section 304.2 Criminal Code Act | Selling Marketable Quantity of Controlled Plants

Section 304.3 Criminal Code Act | Selling Controlled Plants

Section 305.3 Criminal Code Act | Manufacturing Commercial Quantity of Drugs

Section 305.4 Criminal Code Act | Manufacturing Marketable Quantity of Drugs

Section 305.5 Criminal Code Act | Manufacturing Drugs

Section 306.2 Criminal Code Act | Pre Trafficking Commercial Quantity of Precursors

Section 306.3 Criminal Code Act | Pre Trafficking Marketable Quantity of Precursors

Section 306.4 Criminal Code Act | Pre Trafficking Precursors

Section 307.1 Criminal Code Act | Importing Commercial Quantity of Drugs

Section 307.2 Criminal Code Act | Importing Marketable Quantity of Drugs

Section 302.3 Criminal Code Act | Trafficking Marketable Quantity of Drugs

Section 302.4 Criminal Code Act | Trafficking Commercial Quantity of Drugs

Section 303.4 Criminal Code Act | Cultivating Commercial Quantity of Controlled Plants

Section 303.5 Criminal Code Act | Cultivating Marketable Quantity of Controlled Plants

Section 303.6 Criminal Code Act | Cultivating Controlled Plants

Section 304.1 Criminal Code Act | Selling Commercial Quantity of Controlled Plants

Section 304.2 Criminal Code Act | Selling Marketable Quantity of Controlled Plants

Section 304.3 Criminal Code Act | Selling Controlled Plants

Section 305.3 Criminal Code Act | Manufacturing Commercial Quantity of Drugs

Section 305.4 Criminal Code Act | Manufacturing Marketable Quantity of Drugs

Section 305.5 Criminal Code Act | Manufacturing Drugs

Section 306.2 Criminal Code Act | Pre Trafficking Commercial Quantity of Precursors

Section 306.3 Criminal Code Act | Pre Trafficking Marketable Quantity of Precursors

Section 306.4 Criminal Code Act | Pre Trafficking Precursors

Section 307.1 Criminal Code Act | Importing Commercial Quantity of Drugs

Section 307.2 Criminal Code Act | Importing Marketable Quantity of Drugs

Section 307.3 Criminal Code Act | Importing Drugs

Section 307.5 Criminal Code Act | Possessing Commercial Quantity of Unlawfully Imported Drugs

Section 307.6 Criminal Code Act | Possessing Marketable Quantity of Unlawfully Imported Drugs

Section 307.7 Criminal Code Act | Possessing Unlawfully Imported Drugs

Section 307.8 Criminal Code Act | Possessing Commercial Quantity of Drugs Suspected Unlawfully Imported

Section 307.9 Criminal Code Act | Possessing Marketable Quantity of Drugs Suspected Unlawfully Imported

Section 307.10 Criminal Code Act | Possessing Drugs Suspected Unlawfully Imported

Section 307.11 Criminal Code Act | Importing Commercial Quantity of Precursors

Section 307.12 Criminal Code Act | Importing Marketable Quantity of Precursors

Section 307.13 Criminal Code Act | Importing Precursors

Section 308.1 Criminal Code Act | Possessing Controlled Drugs

Section 308.2 Criminal Code Act | Possessing Controlled Precursors

Section 308.3 Criminal Code Act | Possessing Items for Commercial Cultivation of Controlled Plants

Section 308.4 Criminal Code Act | Possessing Items for Commercial Manufacture of Drugs

Section 309.2 Criminal Code Act | Supplying Drugs to Children

Section 309.3 Criminal Code Act | Supplying Marketable Quantity of Drugs to Children for Trafficking

Section 309.4 Criminal Code Act | Supplying Drugs to Children for Trafficking

Section 309.7 Criminal Code Act | Procuring Children for Trafficking Marketable Quantity of Drugs

Section 309.8 Criminal Code Act | Procuring Children for Trafficking Drugs

Section 309.10 Criminal Code Act | Procuring Children for Pre Trafficking Marketable Quantities of Precursors

Section 309.11 Criminal Code Act | Procuring Children for Pre Trafficking Precursors

Section 309.12 Criminal Code Act | Procuring Children for Importing Marketable Quantity of Drugs

Section 309.13 Criminal Code Act | Procuring Children for Importing Drugs

Section 309.14 Criminal Code Act | Procuring Children for Importing Marketable Quantity of Precursors

Section 309.15 Criminal Code Act | Procuring Children for Importing Precursors

Section 310.2 Criminal Code Act | Danger from Exposure to Unlawful Manufacturing

Section 310.3 Criminal Code Act | Harm from Exposure to Unlawful Manufacturing

Section 360.2 Criminal Code Act | Cross Border Disposal or Acquisition of Firearm

Section 360.3 Criminal Code Act | Taking or Sending Firearm Across Borders

Section 372.1 Criminal Code Act | Dealing in Identification Information

Section 372.2 Criminal Code Act | Dealing of Identification Information

Section 372.3 Criminal Code Act | Dealing of Equipment for Identification Documentation

Section 380.2 Criminal Code Act | Contaminating Goods

Section 380.3 Criminal Code Act | Threatening to Contaminate Goods

Section 380.4 Criminal Code Act | Making False Statements about Contamination of Goods

Section 390.3 Criminal Code Act | Associating in Support of Serious Organised Criminal Activity

Section 390.4 Criminal Code Act | Supporting a Criminal Organisation

Section 390.5 Criminal Code Act | Committing Offence for Criminal Organisation

Section 390.6 Criminal Code Act | Directing Activities of Criminal Organisation

Section 400.3 Criminal Code Act | Dealing in Proceeds of Crime $1000,000 or more

Section 400.4 Criminal Code Act | Dealing in Proceeds of Crime $100,000 or more

Section 400.5 Criminal Code Act | Dealing in Proceeds of Crime $50,000 or more

Section 400.7 Criminal Code Act | Dealing in Proceeds of Crime $1,000 or more

Section 400.8 Criminal Code Act | Dealing in Proceeds of Crime

Section 400.9 Criminal Code Act | Dealing in Property Reasonably Suspected of being Proceeds of Crime

Section 471.1 Criminal Code Act | Theft of Mail

Section 471.2 Criminal Code Act | Receiving Stolen Mail

Section 471.3 Criminal Code Act | Taking or Concealing Mail

Section 471.4 Criminal Code Act | Dishonest Removal of Postage Stamps

Section 471.5 Criminal Code Act | Dishonest Use of Previously Used Stamps

Section 471.6 Criminal Code Act | Damaging or Destroying Mail

Section 471.7 Criminal Code Act | Tampering with Mail

Section 471.8 Criminal Code Act | Dishonestly Obtaining Delivery of Articles

Section 471.10 Criminal Code Act | Hoaxes

Section 471.11 Criminal Code Act | Using Postal Service to Make Threat

Section 471.12 Criminal Code Act | Using Postal Service to Menace Harass or Cause Offence

Section 471.13 Criminal Code Act | Causing Dangerous Article to be Posted

Section 471.15 Criminal Code Act | Cause Explosive to be Carried by Post

Section 471.16 Criminal Code Act | Using Postal Service for Child Pornography

Section 471.17 Criminal Code Act | Child Pornography through Postal Service

Section 471.19 Criminal Code Act | Using Postal Service for Child Abuse Material

Section 471.20 Criminal Code Act | Child Abuse Material through Postal Service

Section 471.22 Criminal Code Act | Aggravated Child Pornography Offences

Section 471.24 Criminal Code Act | Use Postal Service to Procure Child Under 16

Section 471.25 Criminal Code Act | Use Postal Service to Groom Child Under 16

Section 471.26 Criminal Code Act | Use Postal Service to Send Indecent Material to Child Under 16

Section 473.3 Criminal Code Act | Produce Supply or Obtain Material in Form of Data

Section 474.2 Criminal Code Act | General Dishonesty Service Provider

Section 474.4 Criminal Code Act | Interception Devices

Section 474.5 Criminal Code Act | Wrongful Delivery of Communications

Section 474.6 Criminal Code Act | Interference with Facilities

Section 474.7 Criminal Code Act | Modification of Telecommunications Device Identifier

Section 474.8 Criminal Code Act | Data with Intent to Modify Telecommunications Device Identifier

Section 474.9 Criminal Code Act | Produce Supply Data to Modify Telecommunications Device Identifier

Section 474.10 Criminal Code Act | Copying Subscription Specific Secure Data

Section 474.11 Criminal Code Act | Data with Intent to Copy Account Identifier

Section 474.12 Criminal Code Act | Produce Supply Obtain Device with intent to Copy Account Identifier

Section 474.14 Criminal Code Act | Use Telecommunications Network with Intent to Commit Serious Offence

Section 474.15 Criminal Code Act | Use Carriage Service to Make Threat

Section 474.16 Criminal Code Act | Use Carriage Service for Hoax Threat

Section 474.17 Criminal Code Act | Use Carriage Service to Menace Harass or Cause Offence

Section 474.18 Criminal Code Act | Improper Use of Emergency Call

Section 474.19 Criminal Code Act | Using Carriage Service for Child Pornography

Section 474.20 Criminal Code Act | Possess Control Supply Obtain Child Pornography through Carriage Service

Section 474.22 Criminal Code Act | Use Carriage Service for Child Abuse Material

Section 474.23 Criminal Code Act | Possess Control Supply Child Abuse Material through Carriage Service

Section 474.24A Criminal Code Act | Aggravated Child Abuse Material

Section 474.25 Criminal Code Act | Internet Service Providers

Section 474.25A Criminal Code Act | Use Carriage Service for Sexual Activity Child Under 16

Section 474.25B Criminal Code Act | Aggravated Offence Vulnerable Child

Section 474.26 Criminal Code Act | Using Carriage Service to Procure Child Under 16

Section 474.27 Criminal Code Act | Using Carriage Service to Groom Child Under 16

Section 474.27 Criminal Code Act | Using Carriage Service to Transmit Communication to Child Under 16

Section 474.29A Criminal Code Act | Using Carriage Service for Suicide Related Material

Section 474.29B Criminal Code Act | Suicide Related Material for Use through Carriage Service

Section 477.1 Criminal Code Act | Unauthorised Access Modification Impairment with Intent

Section 477.2 Criminal Code Act | Unauthorised Modification of Data to Cause Impairment

Section 477.3 Criminal Code Act | Unauthorised Impairment of Electronic Communication

Section 478.1 Criminal Code Act | Unauthorised Access Modification of Restricted Data

Section 478.2 Criminal Code Act | Unauthorised Impairment of Data on Computer Disk

Section 478.3 Criminal Code Act | Possession of Data with Intent to Commit Computer Offence

Section 478.4 Criminal Code Act | Data with Intent to Commit Computer Offence

Section 480.4 Criminal Code Act | Dishonestly Obtaining Personal Financial Information

Section 480.5 Criminal Code Act | Possession with Intent to Dishonestly Obtain Personal Financial Information

Section 480.6 Criminal Code Act | Importation with Intent to Dishonestly Obtain Personal Financial Information

Section 304.1 Criminal Code Act | Selling Commercial Quantity of Controlled Plants


Section 304.1 of the Criminal Code Act 1995 (Cth) is Selling Commercial Quantity of Controlled Plants and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Selling Commercial Quantity of Controlled Plants matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

304.1  Selling commercial quantities of controlled plants

(1)    A person commits an offence if:

(a)    the person sells a plant; and

(b)    the plant is a controlled plant; and

(c)    the quantity sold is a commercial quantity.

Penalty:    Imprisonment for life or 7,500 penalty units, or both.

(2)    The fault element for paragraph (1)(b) is recklessness.

(3)    Absolute liability applies to paragraph (1)(c).

Note:    Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).

Section 268.31 Criminal Code Act | International War Crime Denying Fair Trial


Section 268.31 of the Criminal Code Act 1995 (Cth) is International War Crime Denying Fair Trial and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Denying Fair Trial matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

268.31  War crime—denying a fair trial

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and

(b)  the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; and

(c)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

(e)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 10 years.

(2)  Strict liability applies to:

(a)  the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and

(b)        paragraphs (1)(b) and (c).

Section 71.3 Criminal Code Act | Manslaughter of a UN or Associated Person


Section 71.3 of the Criminal Code Act 1995 (Cth) is Manslaughter of a UN or Associated Person and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Manslaughter of a UN or associated person matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

71.3  Manslaughter of a UN or associated person

(1)  A person is guilty of an offence if:

(a)  the person’s conduct causes the death of another person; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person intends to cause, or is reckless as to causing, serious harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 25 years.

Note:          Section 71.23 defines UN enforcement action, UN operation and UN or associated person.
(2)        Strict liability applies to paragraphs (1)(b) and (c).

Section 101.4 Criminal Code Act | Possessing Things Connected with Terrorist Acts


Section 101.4 of the Criminal Code Act 1995 (Cth) is Possessing Things Connected with Terrorist Acts and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Possessing Things Connected with Terrorist Acts matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

101.4  Possessing things connected with terrorist acts

(1)  A person commits an offence if:

(a)  the person possesses a thing; and

(b)  the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

(c)  the person mentioned in paragraph (a) knows of the connection described in paragraph (b).

Penalty:  Imprisonment for 15 years.

(2)  A person commits an offence if:

(a)  the person possesses a thing; and

(b)  the thing is connected with preparation for, the engagement of a person in, or assistance in a terrorist act; and

(c)  the person mentioned in paragraph (a) is reckless as to the existence of the connection described in paragraph (b).

Penalty:  Imprisonment for 10 years.

(3)  A person commits an offence under subsection (1) or (2) even if:

(a)  a terrorist act does not occur; or

(b)  the thing is not connected with preparation for, the engagement of a person in, or assistance in a specific terrorist act; or

(c)  the thing is connected with preparation for, the engagement of a person in, or assistance in more than one terrorist act.

(4)  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.

(5)  Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of a person in, or assistance in a terrorist act.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).

(6)  If, in a prosecution for an offence (the prosecuted offence) against a subsection of this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of this section, the trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

A ‘Terrorist Act’ is defined as follows:

terrorist act means an action or threat of action where:

(a)  the action falls within subsection (2) and does not fall within subsection (3); and

(b)  the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

(c)  the action is done or the threat is made with the intention of:

(i)  coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(ii)  intimidating the public or a section of the public.

(2)  Action falls within this subsection if it:

(a)  causes serious harm that is physical harm to a person; or

(b)  causes serious damage to property; or

(c)  causes a person’s death; or

(d)  endangers a person’s life, other than the life of the person taking the action; or

(e)  creates a serious risk to the health or safety of the public or a section of the public; or

(f)  seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:

(i)  an information system; or

(ii)  a telecommunications system; or

(iii)  a financial system; or

(iv)  a system used for the delivery of essential government services; or

(v)  a system used for, or by, an essential public utility; or

(vi)       a system used for, or by, a transport system

Section 71.2 Criminal Code Act | Murder of a UN or Associated Person


Section 71.2 of the Criminal Code Act 1995 (Cth) is Murder of a UN or associated person and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Murder of a UN or associated person matter, call Sydney Criminal Lawyers today on
(02) 9261 8881
.

The Legislation

71.2  Murder of a UN or associated person

(1)  A person is guilty of an offence if:

(a)  the person’s conduct causes the death of another person; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person intends to cause, or is reckless as to causing, the death of the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for life.

Note:          Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

(2)  Strict liability applies to paragraphs (1)(b) and (c).

Section 268.30 Criminal Code Act | International War Crime Compelling Service in Hostile Force


Section 268.30 of the Criminal Code Act 1995 (Cth) is International War Crime Compelling Service in Hostile Force and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Compelling Service in Hostile Force matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

The Legislation

268.30  War crime—compelling service in hostile forces

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator coerces one or more persons, by act or threat:

(i)  to take part in military operations against that person’s or those persons’ own country or forces; or

(ii)  otherwise to serve in the forces of an adverse power; and

(b)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 10 years.

(2)  Strict liability applies to paragraph (1)(b).