Chapter 2—General principles of criminal responsibility

Part 2.4-Extensions of criminal responsibility

Division 11

11.2 Complicity and common purpose

(1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

(2) For the person to be guilty:
(a) the person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and
(b) the offence must have been committed by the other person.

(3) For the person to be guilty, the person must have intended that:
(a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or
(b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.

(3A) Subsection (3) has effect subject to subsection (6).

(4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
(a) terminated his or her involvement; and
(b) took all reasonable steps to prevent the commission of the offence.

(5) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the other person has not been prosecuted or has not been found guilty.

(6) Any special liability provisions that apply to an offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of subsection (1).

Part 14—Miscellaneous

183 Aiding persons to escape etc.
Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:
(a) arrest pursuant to this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia pursuant to this Act were custody in respect of an offence against a law of the Commonwealth.

Part I—Preliminary
3 Interpretation
(1) In this Act, unless the contrary intention appears:
ancillary offence, in relation to an offence (in this definition called the main offence), means:
(b) an offence of aiding, abetting, inciting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence; or

Part IV—Arrangements for persons to give evidence or assist investigations
Division 1—Requests by Australia
25A Aiding persons to escape etc.
Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:
(a) arrest under section 25 of this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia under a request under section 16 of this Act were custody in respect of an offence against a law of the Commonwealth.

Part V—Custody of persons in transit
31A Aiding persons to escape etc.
Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:
(a) arrest under section 31 of this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia in accordance with a direction under paragraph 29(1)(d) of this Act were custody in respect of an offence against a law of the Commonwealth.

An Act to amend the War Crimes Act 1945

5. Sections 3 to 14, inclusive, of the Principal Act are repealed and the following section and Parts are substituted:
...

(k) an offence of:

(i) attempting or conspiring to commit;

(ii) aiding, abetting, counselling or procuring the commission of; or

(iii) being, by act or omission, in any way, directly or indirectly