Criminal Code Act 1995 (Australia, as enacted)

by Parliament of Australia

For other versions of this work, see Criminal Code Act 1995 (Australia).

Layout 2

Criminal Code Act 1995

No. 12 of 1995

TABLE OF PROVISIONS

PART 1 PRELIMINARY
Section
1.	Short title
2.	Commencement
3.	The Criminal Code
4.	Definitions
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
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
7.1.	Children under 10
7.2.	Children over 10 but under 14
7.3.	Mental impairment
Division 8—Intoxication
8.1.	Definition—self-induced intoxication
8.2.	Intoxication (offences involving basic intent)
8.3.	Intoxication (negligence as fault element)
8.4.	Intoxication (relevance to defences)
8.5.	Involuntary intoxication
Division 9—Circumstances involving mistake or ignorance
9.1.	Mistake or ignorance of fact (fault elements other than negligence)
9.2.	Mistake of fact (strict liability)
9.3.	Mistake or ignorance of statute law
9.4.	Mistake or ignorance of subordinate legislation
9.5.	Claim of right
Division 10—Circumstances involving external factors
10.1.	Intervening conduct or event
10.2.	Duress
10.3.	Sudden or extraordinary emergency
10.4.	Self-defence
PART 2.4.—EXTENSIONS OF CRIMINAL RESPONSIBILITY
Division 11
11.1.	Attempt
11.2.	Complicity and common purpose
11.3.	Innocent agency
11.4.	Incitement
11.5.	Conspiracy
11.6.	References in Acts to offences
PART 2.5—CORPORATE CRIMINAL RESPONSIBILITY
Division 12
12.1.	General principles
12.2.	Physical elements
12.3.	Fault elements other than negligence
12.4.	Negligence
12.5.	Mistake of fact (strict liability)
12.6.	Intervening conduct or event
PART 2.6—PROOF OF CRIMINAL RESPONSIBILITY
Division 13
13.1.	Legal burden of proof—prosecution
13.2.	Standard of proof—prosecution
13.3.	Evidential burden of proof—defence
13.4.	Legal burden of proof—defence
13.5.	Standard of proof—defence
13.6.	Use of averments
DICTIONARY

Criminal Code Act 1995

No. 12 of 1995

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An Act relating to the criminal law

[Assented to 15 March 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Criminal Code Act 1995.

Commencement

2.(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 5 years beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

The Criminal Code

3.(1) The Schedule has effect as a law of the Commonwealth.

(2) The Schedule may be cited as the Criminal Code.

Definitions

4.(1) Expressions used in the Code (or in a particular provision of the Code) that are defined in the Dictionary at the end of the Code have the meanings given to them in the Dictionary.

(2) Definitions in the Code of expressions used in the Code apply to its construction except insofar as the context or subject matter otherwise indicates or requires.