CRIMES ACT 1900 - SECT 187 Application of Cwlth Crimes Act, pt 1C

CRIMES ACT 1900 - SECT 187

    (1)     The Commonwealth Crimes Act

, part 1C (Investigation of Commonwealth offences) and the schedule (Form of explanation under section 23V) apply to offences not punishable by imprisonment, or punishable by imprisonment for 12 months or less, in the same way as they apply to offences punishable by imprisonment for longer than 12 months.

Note     The Cwlth Crimes Act provisions apply to offences against ACT laws that are punishable by imprisonment for longer than 12 months if the investigating officer is a police officer (see that Act, s 23A (6)).

    (2)     However, the provisions of the Commonwealth Crimes Act

mentioned in subsection (1) do not apply to—

        (a)     an offence against the Road Transport (Alcohol and Drugs) Act 1977

; or

        (b)     an infringement notice offence for the Road Transport (General) Act 1999

, if the police officer concerned—

              (i)     intends to serve an infringement notice under that Act for the offence on the offender concerned; or

              (ii)     intends to take no further action against the offender concerned in relation to the offence; or

        (c)     an offence against the Rail Safety National Law (ACT) Act 2014

, part 3 (Alcohol and drug testing) or the Rail Safety National Law (ACT) , part 3, division 9 (Drug and alcohol testing by Regulator); or

        (d)     an infringement penalty offence for the Rail Safety National Law (ACT) , part 9 (Infringement notices) if a police officer—

              (i)     intends to serve an infringement notice under that Act for the offence on an offender; or

              (ii)     intends to take no further action against the offender in relation to the offence.

    (3)     Also, the following provisions of the Commonwealth Crimes Act

only apply under subsection (1) if the person being interviewed or questioned is under arrest (within the meaning of that Act, section 23B (Definitions), as applied by subsection (1)) for an offence not punishable by imprisonment, or punishable by imprisonment for 12 months or less:

        (a)     section 23K (Persons under 18);

        (b)     section 23V (Tape recording of confessions and admissions).