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CRIMES (HOSTAGES) ACT 1989 - NOTES

CRIMES (HOSTAGES) ACT 1989 - NOTES

No. 26, 1989

Compilation No. 6

Compilation date:    10 March 2016

Includes amendments up to: Act No. 4, 2016

Registered:    25 May 2016

 

About this compilation

This compilation

This is a compilation of the Crimes (Hostages) Act 1989 that shows the text of the law as amended and in force on 10 March 2016 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Interpretation

4 Act extends to external Territories

5 Application

6 Effect of this Act on other laws

6A Application of the Criminal Code

7 Meaning of hostage-taking

8 When hostage-taking an offence

9 Person not to be charged in certain circumstances

10 Prosecutions

11 Venue where offence committed on aircraft

12 Change of venue

13 Evidence of certain matters

14 Section 38 of Judiciary Act

15 Assistance under article 6 of Convention

Schedule--International Convention Against The Taking Of Hostages

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

 

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Crimes (Hostages) Act 1989

26, 1989

15 May 1989

20 June 1990 (gaz 1990, No S145)

 

Qantas Sale Act 1992

196, 1992

21 Dec 1992

Sch (Part 2): 10 Mar 1993 (s 2(3)(a) and gaz 1993, No GN17)

--

Crimes and Other Legislation Amendment Act 1994

182, 1994

19 Dec 1994

Sch: 16 Jan 1995 (s 2(4))

--

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 2 (item 45): 20 June 1990 (s 2(2))

--

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

s 4(1), (2) and Sch 15: 24 May 2001 (s 2(1)(a))

s 4(1) and (2)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 5 (items 67, 68): 19 Apr 2011 (s 2(1) item 13)

--

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Sch 3 (item 1): 22 Sept 2012 (s 2(1) item 35)

--

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 78): 10 Mar 2016 (s 2(1) item 6)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

s 3.....................

am No 196, 1992; No 24, 2001; No 5, 2011; No 136, 2012

s 6A....................

ad No 24, 2001

s 7.....................

am No 24, 2001

s 8.....................

am No 4, 2016

s 13....................

rs No 182, 1994

 

am No 5, 2011

Schedule.................

am No 43, 1996