Contents

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

3A......... When this Act applies to a person in relation to an act of the person in a foreign country     3

3B......... Declared agreement or arrangements ................................................... 7

3C......... Declared foreign countries and declared parts of foreign countries .... 8

4............ Application of Australian criminal law to person to whom this Act applies          9

5............ Which offences are indictable ........................................................... 10

6............ Arrest of offenders ........................................................................... 10

7............ Trial of offenders .............................................................................. 10

8............ Evidence ............................................................................................ 12

9............ Regulations ....................................................................................... 13

Notes                                                                                                                                             15

An Act relating to Offences committed by certain Persons outside Australia

Notes to the Crimes (Overseas) Act 1964

Note 1

The Crimes (Overseas) Act 1964 as shown in this compilation comprises Act No. 116, 1964 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 15 October 2003 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Crimes (Overseas) Act 1964	116, 1964	23 Nov 1964	23 Nov 1964
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 3 July 1985 (a)	--
Crimes Legislation Amendment Act 1991	28, 1991	4 Mar 1991	S. 74(1): Royal Assent (b)	--
Crimes and Other Legislation Amendment Act 1994	182, 1994	19 Dec 1994	S. 31: 16 Jan 1994 (c)	--
Crimes (Overseas) Amendment Act 2003	102, 2003	15 Oct 2003	Schedule 1: 1 July 2003 Remainder: Royal Assent	Sch. 1 (items 25, 26) [see Table A]
Intelligence Services Legislation Amendment Act 2005	128, 2005	4 Nov 2005	Schedules 1-8: 2 Dec 2005 Remainder: Royal Assent	--
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (items 239-242): 4 July 2008	--

(a)     The Crimes (Overseas) Act 1964 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

                "(1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent."

(b)    The Crimes (Overseas) Act 1964 was amended by section 74(1) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

                "(1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent."

(c)     The Crimes (Overseas) Act 1964 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:

                "(4)   The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent."

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
S. 3......................................	am. No. 216, 1973; No. 65, 1985; No. 102, 2003; No. 128, 2005
Subhead. to s. 3A(10)........	am. No. 128, 2005
S. 3A...................................	ad. No. 102, 2003
	am. No. 128, 2005
Note to s. 3A(10)................	am. No. 128, 2005
Ss. 3B, 3C...........................	ad. No. 102, 2003
S. 4......................................	am. No. 28, 1991; No. 182, 1994
	rs. No. 102, 2003
S. 5......................................	am. No. 28, 1991; No. 102, 2003
Ss. 6, 7................................	am. No. 102, 2003; No. 73, 2008
S. 8......................................	rs. No. 102, 2003
S. 9......................................	ad. No. 102, 2003

Table A

Application, saving or transitional provisions

Crimes (Overseas) Amendment Act 2003 (No. 102, 2003)

Schedule 1

25  Application of amendments

(1)        Subsection 3A(1) of the Crimes (Overseas) Act 1964 applies only in relation to acts that occur after the day on which this Act receives the Royal Assent.

(2)        Subsection 3A(3) of the Crimes (Overseas) Act 1964 applies only in relation to acts that occur after the day on which this Act receives the Royal Assent.

(3)        The provisions of the Crimes (Overseas) Act 1964 (as in force immediately before 1 July 2003) continue to apply, after that date, in relation to a person serving in a country outside Australia under arrangements made between the Commonwealth and the United Nations as if the amendments made by this Schedule had not been made.

(4)        Subitem (3) ceases to have effect at the end of the day on which this Act receives the Royal Assent.

(5)        To avoid doubt, sections 7 and 8 of the Acts Interpretation Act 1901 apply to the provisions of the Crimes (Overseas) Act 1964 (as in force immediately before 1 July 2003) ceasing to have effect under subitem (4) on the day on which this Act receives the Royal Assent as if those provisions had been repealed by this Act on that day.

26  Savings

(1)        A certificate by the Minister in force under section 8 of the Crimes (Overseas) Act 1964 immediately before this Act commences continues to have effect after this Act commences as if:

                     (a)  the certificate had, immediately after this Act commences, been issued under subsection 8(2) of the Crimes (Overseas) Act 1964 by the Secretary of the Department; and

                     (b)  the Secretary of the Department had been authorised by the Minister to issue certificates under section 8.

(2)        A certificate that:

                     (a)  the Minister gives on or after 1 July 2003 under section 8 of the Crimes (Overseas) Act 1964 as it continues to apply under subitem 25(3); and

                     (b)  is in force immediately before this Act receives the Royal Assent;

continues to have effect after this Act receives the Royal Assent as if:

                     (c)  the certificate had, immediately after this Act receives the Royal Assent, been issued under subsection 8(2) or (3) of the Crimes (Overseas) Act 1964 by the Secretary of the Department; and

                     (d)  the Secretary of the Department had been authorised by the Minister to issue the certificates under section 8.