Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 17

17. Sections 47 and 48 of the Principal Act are repealed and the following
sections are substituted: Escaping

"47. A person who has been lawfully arrested, is in lawful custody, or is
lawfully detained during the Governor-General's pleasure, in respect of any
offence against a law of the Commonwealth or of a Territory and who escapes
from that arrest, custody or detention is guilty of an offence.
Penalty: $10,000 or imprisonment for 5 years, or both. Rescuing a prisoner
from custody etc.

"47A. A person who:

   (a)  rescues by force a person (other than a person referred to in
        paragraph (c) or (d) from lawful custody in respect of any offence
        against a law of the Commonwealth or of a Territory with which the
        person has been charged;

   (b)  rescues by force a person who has been lawfully arrested in respect of
        any offence against a law of the Commonwealth or of a Territory with
        which the person has not been charged;

   (c)  rescues by force a prisoner who is in lawful custody in any prison,
        lock-up or other place of lawful detention in respect of any offence
        against a law of the Commonwealth or of a Territory from that prison,
        lock-up or place; or

   (d)  rescues by force a person who is lawfully detained during the
        Governor-General's pleasure in respect of any offence against a law of
        the Commonwealth or of a Territory from that detention; is guilty of
        an offence.
Penalty: Imprisonment for 14 years. Person unlawfully at large

"47B. A person who:

   (a)  in accordance with a permission given under a law of a State or
        Territory, leaves a prison, lock-up or other place of lawful detention
        where the person is in custody, or is detained during the Governor-
        General's pleasure, in respect of any offence against a law of the
        Commonwealth or of a Territory; and

   (b)  refuses or fails, without reasonable excuse, to return to that prison,
        lock-up or other place in accordance with that permission; is guilty
        of an offence.
Penalty: $10,000 or imprisonment for 5 years, or both. Permitting escape

"47C. (1) A person who:

   (a)  is an officer of a prison, lock-up or other place of lawful detention,
        a constable or a Commonwealth officer;

   (b)  is charged for the time being with the custody or detention of another
        person (including a person detained during the Governor- General's
        pleasure) in respect of any offence against a law of the Commonwealth
        or of a Territory; and

   (c)  wilfully or negligently permits the other person to escape from that
        custody or detention; is guilty of an offence.

"(2) A constable or a Commonwealth officer, who wilfully or negligently
permits a person who has been lawfully arrested in respect of any offence
against a law of the Commonwealth or of a Territory to escape from that
arrest, is guilty of an offence.
Penalty: $10,000 or imprisonment for 5 years, or both. Harbouring etc. an
escapee

"48. A person who harbours, maintains or employs another person knowing the
other person to have escaped from a place where the person is held in lawful
custody or detention in respect of any offence against a law of the
Commonwealth or of a Territory is guilty of an offence.
Penalty: $10,000 or imprisonment for 5 years, or both.".