From Worldatplay

Australia's legal system, and law enforcement organisations are heavily based on those used in England. The legal systems are virtually identical.

dN1UzC Very amusing thoughts, well told, everything is in its place:D

[edit] Crime and Punishment

Punishments for crimes very across Australian states and territories, and range from community service through various gaol terms to death. Capital punishment was reintroduced in Australia in 2001 by the Hawke government, after a conscience vote in Parliament, and a referendum. Capital Punishment is used in New South Wales, Queensland, Western Australia, the Northern Territory, Fiji, Papua New Guinea, and the Solomon Islands. In addition, the Commonwealth uses it for high treason, treason, and espionage.

Below is a list of crimes and punishments that is used in most states (though none conforms exactly to the list)

Treason = Minimum: 15 years, Maximum: Death (High Treason); Minimum: 7 years gaol, Maximum: Death (Treason/Espionage)
Espionage (by a foreigner) = Minimum: 5 years gaol, Maximum: Death
First-degree murder = Minimum: 5 years gaol, Maximum: Death
Second-degree murder = Minimum: 2 years gaol, Maximum: Life
Manslaughter = Minimum: 2 years gaol, Maximum: 25 years gaol
Negligent homocide = Minimum: 1 year gaol, Maximum: 15 years gaol
Hit-and-run = Up to 7 years gaol, community service (non-fatality); As for manslaughter (fatality)
Tax evasion = Fines up to $25,000 plus amount in dispute to 3 years gaol
Shoplifting = Fines up to $25,000 plus amount in dispute to 3 years gaol
Pickpocketing = Fines up to $25,000 plus amount in dispute to 3 years gaol
Vandalism = Forced to clean/repair all damage, Fines up to $25,000 plus amount in dispute to 3 years gaol
Rape = Minimum: 25 years gaol, Maximum: Death
Non-rape sexual abuse = Minimum: 25 years gaol, Maximum: Life
Theft of private property = Up to 7 years gaol
Physical assault (no weapon) = Up to 10 years gaol
Assault with a deadly weapon = Up to 10 years gaol
Kidnapping = 25 Years to Life in gaol, Asset forfeiture/indentured servitude for medical costs (in the case of injury)
Leading/Inciting a riot = 4 years gaol
Participating in a riot = 1 year gaol
Breaking and entering = Up to 5 years gaol
Fraud = Fines, up to 10 years gaol
Non-sexual child abuse = Minimum: 10 years gaol, Maximum: Life
Animal abuse = Minimum: 10 years gaol, Maximum: Life
Bestialty = Minimum: 10 years gaol, Maximum: Life
Pedophilia = Minimum: 25 years gaol, Maximum: Life
Promoting public unrest/disorder = Minimum: 2 years gaol, Maximum: 7 years gaol
Littering = Fine of $50-300
Speeding = Fine of between $100-2000, plus suspension of license from 3 months, to life
Driving through a red light = Fine of between $300-2000, plus suspension of license from 3 months, to life
Indecent exposure = Fines, community service
Counterfeiting money = Up to 10 years gaol

[edit] Law Enforcement

In Australia, most law enforcement is carried out at the State/Territory level, with each state, and most territories maintaining their own police forces. The Federal Government also maintains police forces for specific purposes.

[edit] Commonwealth Police Forces

The Commonwealth Government maintains police forces for specific purposes. The Commonwealth is also responsible for policing some territories. The departments maintaining police forces include the Attorney General's Department, the Department of Agriculture, Fisheries and Forestry, the Department of Defence, and the Treasury.

The following police forces are under the jurisdiction of the Commonwealth (listed by responsible Department):

[edit] Attorney General's Department

[edit] Australian Federal Police

The Australian Federal Police is Australia's premier Commonwealth police force. It collaborates with all other Australian police forces, and international police forces. The Federal Police has several sub-organisations including the Australian Federal Police Protective Service, the Community Policing Division, and the Australian Capital Territory Police. The Federal Police also maintains a Polce Tactical Group, the Australian Federal Police Specialist Response and Security unit. The AFP has the following responsibliities.

Enforcement of Commonwealth law including
- Drug smuggling
- Organised people smuggling
- Major fruad against the Commonwealth
- "Cyber-crime"
- Transnational crime, multijurisdictional crime
- Money laundering
- Organised crime

[edit] Community Policing Division/ACT Police

Community policing in the following territories
- Australian Capital Territory
- Christmas Island
- Cocos (Keeling) Islands
- Coral Sea Islands Territory
- Jervis Bay Territory
- Norfolk Island

[edit] Australian Federal Police Protective Service

Protection of government buildings, installations, and property
Protection of airports
Protection of Foreign Embassies, High Commissions, and Consulates in Australia
Protection of Australian Embassies, High Commissions, and Consulates overseas
Close protection of persons whose protection is deemed necessary by the Commonwealth

[edit] Australian Customs Service

Managing the security and integrity of the Australian border, facilitating the movement of legitimate international travellers and goods, and collecting border related duties and taxes

[edit] Australian Crime Commission

Fighting nationally significant crime, and organised crime

[edit] Australian Commission for Law Enforcement Integrity

Fighting corruption, specifically in the AFP, and ACC

[edit] Department of Agriculture, Fisheries and Forestry

Australian Quarantine and Investigation Service

[edit] Department of the Treasury

Australian Securities and Investments Commission

[edit] Department of Defence

Royal Australian Corps of Military Police (Army)
- Responsible for security of Army establishments, field security, POW's, traffic control, counter-intelligence, criminal law enforcement, and forensic investigation on Army establishments, and in the field with Army units.
Royal Australian Air Force Security Police (Air Force)
- Responsible for security of RAAF bases, criminal law enforcement on RAAF bases, and forensic investigation.
Naval Police Coxswains (Royal Australian Navy)
- Responsible for criminal law enforcement on RAN shore establishments and ships, Whole Ship Coordination, assisting local law enforcement during foreign shore visits

[edit] Aid to Civil Authorities

The ability of the ADF to grant aid to the "civil power" is defined in legislation. In simple terms, the ADF is not a domestic police force, and should not be used inside Australia in a law enforcement role. The sensitivity of using the ADF to aid the civil power varies with the way in which the powers are used. No public objection to the use of defence personnel and equipment to aid the civil authorities in fighting bush fires has ever been registered, and state and territory authorities, and the public have given positive recognition to the ADF for the role it plays, particularly the Fleet Air Arm, and Australian Army Aviation for the provision of helicopters.

There are two categories of Defence aid to the civil power, force, and non-force. Force includes such situations as counter-terrorist operations, and riots, in which ADF personnel are used on Australian soil in peacetime in operations that require the ADF to use force. Non force situations include bomb disposal, disaster relief, logistics and communications support, search and rescue, infrastructure construction in remote areas (used as training for civil engineers), industrial action (i.e. RAAF transport aircraft being used during airline strikes, troops being used to load cargo ships), and surveying (most of Australia was mapped by the Australian Army, and the RAAF).

Inside Australia, the relevant State, or Territory Cabinet or responsible Minister must initiate a request to the Commonwealth for military assistance, and then the Commonwealth Cabinet must approve the request before any action is initiated by the ADF. The State/Territory onsite Police commander retains jurisdiction.

Unique Defence capabilities can help to serve civil powers, the RAN and RAAF can perform search and rescue missions at sea. The ADF's large helicopter inventory (the largest in Australia) has myriad potential civil uses. The ability of the Defence Force to muster large numbers of personnel, and aircraft aid in land search and rescue missions, and its extensive, and deployable emergency medical facilities can help in natural disasters.

Some ADF units are maintained specifically for aiding the civil power, these include the three Tactical Assault Groups, which are Australia's last ditch counter-terrorist teams, and the Incident Response Regiment.

In the case of bushfires/other natural incidents threatening Commonwealth Property/Employees, the State Authorities need not consult the Commonwealth, provided the Minister of Defence believes that a substantial threat to Commonwealth Employees/Property.

Commonwealth ministers can request Defence assistance for the AFP, and other Commonwealth police agencies.

Australia's coastline is protected by the Navy, which performs a partial customs role. This is not regarded as Defence assistance to the civil power because the RAN in these instances is exercising/protecting Australian national soverignty.

[edit] State and Territory Police Forces

Each State as well as the Northern Territory is responsible for maintaining its own police force which is responsible for policing at the state and local level. This involves general law and order, traffic policing, major crime, anti-terrorism branches, water police, search and rescue and in some states transit police. State police agencies also assist the Australian Federal Police. Local policing in the Australian Capital Territory, Jervis Bay Territory and Australia's external territories is contracted to the Australian Federal Police (AFP).

In some states, local governments employ by-laws officers or rangers to enforce local by-laws or ordinances relating to such matters as parking, dog ownership, retailing, littering or water usage. These local government officers are not considered to be police forces as they generally only have the power to issue fines and do not have the same powers as state police. They may rely upon appointment as a Special Constable or legislated powers for their authority.

The following state and territory police forces operate in Australia

Fiji Police
New South Wales Police Force
New Zealand Police
Northern Territory Police
Royal Papua New Guinea Constabulary
Queensland Police Service
Royal Solomon Islands Police
South Australia Police
Tasmanian Police
Victoria Police
Western Australia Police

All state and territory police forces have Police Tactical Groups fit into a National Counter Terrorist Operations Plan

The Police Tactical Groups are as follows:

Victoria Police Special Operations Group
New South Wales Police Force State Protection Group
South Australia Police Special Tasks and Rescue
Western Australia Police Tactical Response Group
Special Emergency Response Team (Queensland)
Northern Territory Police Territory Response Group
Special Operations Group of the Tasmania Police
New Zealand Police Special Tactics Group
Royal Solomon Islands Police Special Weapons and Tactics Squad
Fiji Police Special Response Group
Royal Papua New Guinea Constabulary Tactical Response Unit

[edit] Equipment and Weapons

With the exception of the Department of Defence's police agencies (which use ADF standard equipment), most Australian police forces use similar, or identical equipment. All Australian police officers are armed on duty, and officers frequently carry carbines, and shotguns. Pistol caliber carbines are increasingly popular for urban situatios in which over-penetration is common. A variety of 5.56mm, and pistol caliber carbines are used. Only Victoria, and South Australia issue revolvers

[edit] Weapons

Glock 22, 23, 27 .40S&W pistol
Smith and Wesson Model 10 .38 Special revolver (Victoria)
Smith and Wesson Model 19 and 66 .357 Magnum revolver (South Australia)
Glock 17, 19, 26 9mm pistol (New Zealand, Police Tactical Groups, Customs)
Browning L9A1 9mm pistol (ADF, Fiji)
F88 Austeyr 5.56mm assault rifle (ADF, Police Tactical Groups)
F89 Minimi 5.56mm light machine gun (ADF)
MAG-58 7.62mm General Purpose Machine Gun (ADF, Customs)
M2 QCHB 12.7mm Heavy Machine Gun (ADF, Customs)
AR-15 5.56mm semi-automatic rifle (New South Wales)
M16A2 5.56mm assault rifle (Customs)
M4A5 5.56mm automatic carbine (Police Tactical Groups)
F88C-Police 5.56mm semi automatic carbine
Ruger Mini-14 (Western Australia)
HK UMP40-SF
HK MP5/40SF (Western Australia, Papua New Guinea, Solomon Islands)
MP5SFA3 (New Zealand)
Beretta Cx4 Storm (.40 S&W-Tasmania, 9mm-Fiji)
HK MP5A5/MP5SD6 (Police Tactical Groups)
Remington 870 12ga shotgun
Benelli M3 12ga shotgun (Queensland)
Mossberg 500 12ga shotgun (Western Autralia)
KAC Masterkey (Police Tactical Groups)

[edit] Other equipment

Expandable Baton
Handcuffs
Radios
OC Spray
Tasers (Queensland, NSW, and Solomon Islands only)
Mobile Data Terminals

[edit] Vehicles

Ford Falcon
Holden Commodore
Holden Rodeo
Toyota Hilux
Nissan Patrol
Landrover Perentie (ADF)
Landrover 110 Defender
Ford Falcon Ute (as a caged truck)
BMW Motorcycles (road)
Suzuki Motorcycles (off road)

[edit] Self-defence

Australia's self-defence, and firearm legislation is among the most liberal in the world. All Australians have the right to use force to defend themselves, their families, and their homes. Should a criminal be injured or killed by someone defending himself, or defending another, the criminal (or his relatives) have no legal recourse whatsoever. An attempt to bring a suit against someone defending himself or another will in all cases be dismissed, with the criminal forced to pay all costs.

Australians have the right to keep and bear any weapons which are useful in the defence of an individual. This in practice means the following:

Pistols
Rifles and carbines
Sub-machine guns
Shotguns
Automatic rifles
Light Machine Guns
General Purpose Machine Guns

Australians must obtain permission to own other types of weapons, and explosive/incendiary ammunition. Nuclear, biological, and chemical weapons are banned.

Australia's gun laws were liberalised in 1993, and Australia has seen the greatest boom in the firearms market in its history. Australian Defence Industries Lithgow leads the market for domestically produced weapons, with versions of its F88 Austeyr sold for as little as $1000 new. Due to popular demand, ADI Lithgow resumed production of the L1A1 SLR. Australian Government surplus weapons are also popular, and inexpensive.

People convicted of a felony are not allowed to own firearms unless they have for five years after release not committed any crime. After that, they are permitted possession and use of a firearm for home defence, and sporting. They may not carry a firearm in the street, or anywhere else outside their homes.

Justice and Law in Australia