Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p1
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 1/31)
Character Range: 37403–40424

5  Regulations
 (1) The Governor‑General may make regulations prescribing matters:
 (a) required or permitted by this Act to be prescribed; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
 (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of the following provisions of the Criminal Code:
 (a) Division 71 (offences against United Nations and associated personnel);
 (b) Division 72 (explosives and lethal devices);
 (c) Division 73 (people smuggling and related offences);
 (d) Part 5.1 (treason and related offences);
 (e) Part 5.2 (espionage and related offences);
 (f) Part 5.3 (terrorism), other than Division 100 (preliminary provisions);
 (g) Part 5.4 (harming Australians);
 (h) Part 5.5 (foreign incursions and recruitment);
 (i) Division 270 (slavery and slavery‑like conditions);
 (j) Division 271 (trafficking in persons and debt bondage);
 (k) Division 272 (child sex offences outside Australia);
 (l) Division 273 (offences involving child abuse material outside Australia);
 (la) Division 273A (possession of child‑like sex dolls etc.);
 (lb) Division 273B (protection of children);
 (m) Chapter 9 (dangers to the community);
 (n) Chapter 10 (national infrastructure).
 (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003.

Schedule—The Criminal Code
Section 3

Chapter 1—Codification

Division 1

1.1  Codification
  The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act.
Note: Under subsection 38(1) of the Acts Interpretation Act 1901, Act means an Act passed by the Parliament of the Commonwealth.

Chapter 2—General principles of criminal responsibility

Part 2.1—Purpose and application

Division 2

2.1  Purpose
  The purpose of this Chapter is to codify the general principles of criminal responsibility under laws of the Commonwealth.  It contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created.

2.2  Application
 (1) This Chapter applies to all offences against this Code.
 (2) Subject to section 2.3, this Chapter applies on and after 15 December 2001 to all other offences.
 (3) Section 11.6 applies to all offences.

2.3  Application of provisions relating to intoxication
  Subsections 4.2(6) and (7) and Division 8 apply to all offences. For the purpose of interpreting those provisions in connection with an offence, the other provisions of this Chapter may be considered, whether or not those other provisions apply to the offence concerned.

Part 2.2—The elements of an offence

Division 3—General

3.1  Elements
 (1) An offence consists of physical elements and fault elements.
 (2) However, the law that creates the offence may provide that there is no fault element for one or more physical elements.
 (3) The law that creates