Commonwealth Numbered Acts

CRIMES AMENDMENT ACT 1995 No. 11 of 1995 - SECT 8

8. Sections 86 and 86A of the Principal Act are repealed and the following
section is substituted: Conspiracy

"86.(1) A person who conspires with another person to commit an offence
against a law of the Commonwealth punishable by imprisonment for more than 12
months, or by a fine of 200 penalty units or more, is guilty of the offence of
conspiracy to commit that offence and is punishable as if the offence to which
the conspiracy relates had been committed.

"(2) Despite subsection (1), if the person conspires with another person to
commit an offence against section 29D of this Act, the conspiracy is
punishable by a fine not exceeding 2,000 penalty units, or imprisonment for a
period not exceeding 20 years, or both. Note: Penalty units are defined in
section 4AA.

"(3) For the person to be guilty:

   (a)  the person must have entered into an agreement with one or more other
        persons; and

   (b)  the person and at least one other party to the agreement must have
        intended that an offence would be committed pursuant to the agreement;
        and

   (c)  the person or at least one other party to the agreement must have
        committed an overt act pursuant to the agreement.

"(4) A person may be found guilty of conspiracy to commit an offence even if:

   (a)  committing the offence is impossible; or

   (b)  the only other party to the agreement is a body corporate; or

   (c)  each other party to the agreement is at least one of the following:

        (i)    a person who is not criminally responsible;

        (ii)   a person for whose benefit or protection the offence exists; or

   (d)  subject to paragraph (5)(a), all other parties to the agreement have
        been acquitted of the conspiracy.

"(5) A person cannot be found guilty of conspiracy to commit an offence if:

   (a)  all other parties to the agreement have been acquitted of the
        conspiracy and a finding of guilt would be inconsistent with their
        acquittal; or

   (b)  he or she is a person for whose benefit or protection the offence
        exists.

"(6) A person cannot be found guilty of conspiracy to commit an offence if,
before the commission of an overt act pursuant to the agreement, the person:

   (a)  withdrew from the agreement; and

   (b)  took all reasonable steps to prevent the commission of the offence.

"(7) A court may dismiss a charge of conspiracy if it thinks that the
interests of justice require it to do so.

"(8) Any defences, procedures, limitations or qualifying provisions that apply
to an offence apply also to the offence of conspiracy to commit that offence.

"(9) Proceedings for an offence of conspiracy must not be commenced without
the consent of the Director of Public Prosecutions. However, a person may be
arrested for, charged with, or remanded in custody or on bail in connection
with, an offence of conspiracy before the necessary consent has been given.

"(10) In any law of the Commonwealth:

   (a)  a reference to paragraph 86(1)(a) of this Act is taken to be a
        reference to subsection (1) of this section; and

   (b)  a reference to the application of subsection (1) of this section
        because of or by virtue of paragraph 86(1)(a) of this Act is taken to
        be a reference to subsection (1) of this section; and

   (c)  a reference to section 86A of this Act is taken to be a reference to
        subsection (2) of this section.".