# Criminal Code Act 1995 (Australia, as enacted)

Date of Commencement: 1 Jan 1997 (gaz 1996, No S534) See this Act with any revisions at legislation.gov.au.
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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
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.
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