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Traffic and Driving Offences Under ACT Law

Traffic offences in the ACT are governed by the Road Transport (Driver Licensing) Act 1999 (ACT), the Road Transport (Safety and Traffic Management) Act 1999 (ACT), the Road Transport (Alcohol and Drugs) Act 1977 (ACT), and the Crimes Act 1900 (ACT) for serious matters. The ACT Magistrates Court hears almost all traffic charges, with culpable driving and other serious indictable matters heard in the ACT Supreme Court.

Common Traffic Offence Categories

• Drink driving (PCA and DUI) — prosecuted under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) with mandatory disqualification periods
• Drug driving — zero-tolerance offences for prescribed drugs in saliva, blood, or urine
• Negligent, dangerous, reckless, and culpable driving — from minor matters to indictable charges
• Driving while suspended or disqualified — ranging from administrative breaches to serious matters with imprisonment risk
• Excessive speeding — speeds above 45 km/h over the limit attracting immediate suspension and significant penalties
• Failing to stop after a collision (hit and run) — increased penalties where injury resulted
• Using a mobile phone while driving — fines, demerit points, increased penalties on repeat
• Mobile phone detection camera offences — automated enforcement with substantial fines and demerit points
• Hoon driving, burnouts, and street racing — specific provisions including vehicle confiscation

Demerit Points and Licence Suspensions in the ACT

The demerit point threshold in the ACT is 12 points within a 3-year period for full licence holders. Provisional and learner drivers face lower thresholds. Reaching the threshold triggers automatic licence suspension. During double demerit periods (long weekends and public holiday periods), demerit points are doubled for many offences.

Defences and Mitigation

• Disputing the alleged offence with CCTV, dashcam, witness, or technical evidence
• Procedural challenges to breath analysis, speed detection, or mobile phone enforcement
• Honest and reasonable mistake in narrow circumstances
• Necessity in genuine emergency situations
• Sentencing mitigation through driving record, character references, and employment impact
• Section 17 non-conviction outcomes for first-offence matters with strong mitigation

Frequently Asked Questions

How many demerit points before I lose my licence in the ACT?

Full licence holders reach the threshold at 12 demerit points within a 3-year period. Provisional licence holders have lower thresholds. Reaching the threshold triggers automatic licence suspension. Drivers can elect a good behaviour bond instead of suspension in some cases.

Can I get a work licence in the ACT?

The ACT does not have a general work licence scheme. A driver disqualified by court order cannot drive for any purpose during the disqualification, including for work. Engagement with the Alcohol Interlock Program is available for eligible drink driving offenders after the disqualification ends.

What is a double demerit period?

During specified long weekends, public holidays, and high-risk periods, demerit points are doubled for many offences including speeding, mobile phone use, and seatbelt offences. These periods are publicised by Access Canberra in advance and apply across the ACT.

Should I plead guilty by post or attend court for a traffic offence?

For minor matters with no licence consequences, pleading guilty by post may be appropriate. For matters affecting your licence, employment, or with a real prospect of a section 17 non-conviction outcome, court attendance with proper representation almost always produces a better result.

Civil Disputes Under ACT and Federal Law

Civil disputes in the ACT are resolved through the ACT Civil and Administrative Tribunal (ACAT), the ACT Magistrates Court, the ACT Supreme Court, or the Federal Court depending on the type of claim and the amount in dispute. The Court Procedures Rules 2006 (ACT) and the Limitation Act 1985 (ACT) set the procedural framework and the time limits for commencing proceedings. Andrew Byrnes Law Group represents clients across the full range of civil disputes in Canberra.

Common Types of Civil Disputes

• Contract disputes — breach of contract, failure to deliver goods or services, payment disputes, contract termination
• Debt recovery — enforcing payment of money owed under invoices, loans, guarantees, or judgments
• Building and construction disputes — defective work, payment disputes, security of payment claims, latent defects
• Property and tenancy disputes — boundary disputes, easements, retail and commercial tenancy matters
• Professional negligence claims — claims against solicitors, accountants, financial advisers, or other professionals
• Estate and trust disputes — will contests, family provision claims, executor disputes, trust administration
• Consumer disputes — misleading conduct, defective goods or services, Australian Consumer Law claims
• Director and shareholder disputes — oppression actions, derivative actions, shareholder agreements

ACT Courts and Tribunals for Civil Disputes

• ACT Civil and Administrative Tribunal (ACAT) — small civil claims up to $25,000, residential tenancy matters, consumer claims, and various administrative reviews
• ACT Magistrates Court — civil claims up to $250,000
• ACT Supreme Court — civil claims above $250,000 and complex commercial matters
• Federal Court and Federal Circuit & Family Court — federal matters including Fair Work, consumer protection, and bankruptcy

Limitation Periods in the ACT

The Limitation Act 1985 (ACT) imposes time limits for commencing civil proceedings. Most contract and tort claims must be commenced within 6 years of the cause of action arising. Personal injury claims have shorter limits. Building defect claims have specific statutory limits. Acting promptly is essential to preserve the right to bring a claim.

Frequently Asked Questions

How long do I have to start civil proceedings in the ACT?

Most civil claims in the ACT must be commenced within 6 years of the cause of action arising, under the Limitation Act 1985 (ACT). Personal injury, defamation, and building defect claims have different limits. Delay can be fatal to the claim, so early legal advice is essential.

Which ACT court should I file my civil claim in?

The court depends on the amount in dispute. Claims up to $25,000 generally go to the ACT Civil and Administrative Tribunal. Claims between $25,000 and $250,000 go to the ACT Magistrates Court. Claims above $250,000 go to the ACT Supreme Court. Federal matters may proceed in the Federal Court.

How much does civil litigation cost in the ACT?

Costs vary widely based on complexity, the court, and whether the matter settles. The losing party usually pays a portion of the winning party's legal costs under the Court Procedures Rules 2006 (ACT). Andrew Byrnes Law Group provides clear costs estimates at every stage.

Can civil disputes be resolved without going to court?

Yes. Many civil disputes resolve through negotiation, mediation, or settlement before trial. Andrew Byrnes Law Group focuses on courtroom litigation where formal proceedings are necessary, while supporting clients through any settlement discussions that arise during the proceedings.

Breach of Contract Under ACT and Australian Law

Breach of contract claims in the ACT are governed by the common law of contract, statutory consumer protections under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), and the Limitation Act 1985 (ACT). Matters are heard in the ACT Civil and Administrative Tribunal, ACT Magistrates Court, or ACT Supreme Court depending on the amount in dispute. Remedies range from damages to specific performance and contract termination.

What Constitutes a Breach of Contract

A breach of contract occurs when a party fails to perform an obligation under a binding agreement. The agreement may be written, verbal, or implied. Common breaches include:

• Failure to deliver goods or services as agreed
• Failure to pay on time or in full
• Defective performance — work that does not meet specifications or quality standards
• Repudiation — declaring an intention not to perform
• Breach of warranty or condition — failing to meet a promised quality or characteristic
• Failure to meet implied terms including fitness for purpose under Australian Consumer Law

Remedies for Breach of Contract

• Damages — monetary compensation for losses caused by the breach, including loss of bargain and consequential loss
• Specific performance — a court order requiring the defaulting party to perform their contractual obligations (limited application)
• Injunction — restraining a party from acting in breach of contract
• Termination — ending the contract following a sufficiently serious breach
• Restitution — recovery of money or property transferred under the contract
• Liquidated damages — enforcing a pre-agreed sum payable on breach, where the clause is a genuine estimate rather than a penalty

Defences to Breach of Contract Claims

• The contract was never formed (no offer, acceptance, consideration, or intention)
• The contract is unenforceable for illegality, duress, undue influence, or unconscionable conduct
• The contract was discharged by frustration, performance, or accord and satisfaction
• The other party breached first, justifying termination or non-performance
• The claim is statute-barred under the Limitation Act 1985 (ACT)
• The damages sought are too remote or could have been mitigated

Frequently Asked Questions

How long do I have to sue for breach of contract in the ACT?

Most contract claims must be commenced within 6 years of the breach under the Limitation Act 1985 (ACT). Deed-based claims have a 12-year period. Acting within the limitation period is essential — a claim filed after the deadline can be struck out regardless of merit.

What damages can I recover for breach of contract?

Damages for breach of contract aim to put the innocent party in the position they would have been in if the contract had been performed. This includes loss of bargain (the value of what was promised), consequential loss (foreseeable flow-on losses), and reliance loss (wasted expenditure). Mitigation is required.

Can a contract be enforced if it was never in writing?

Yes, in most cases. Verbal and implied contracts are enforceable in the ACT provided the essential elements (offer, acceptance, consideration, intention) are proven. Certain contracts — such as contracts for the sale of land — must be in writing under specific statutory provisions.

What is the difference between rescission and termination of a contract?

Rescission unwinds the contract from the beginning, treating it as if it had never existed (typically for misrepresentation, mistake, or duress). Termination ends the contract from the point of termination forward, leaving accrued rights intact. Both are available in different circumstances.

Serious Indictable Offences Under ACT Law

Serious indictable offences are the most grave category of criminal charge in the ACT, prosecuted in the ACT Supreme Court before a judge and jury. These matters include murder, armed robbery, aggravated burglary, large commercial drug supply, serious assault, and sexual offences. Maximum penalties can include life imprisonment, and bail is contested as a matter of course. A defence at this level requires Supreme Court trial experience and the ability to coordinate complex forensic, medical, and expert evidence.

Categories of Serious Indictable Offences

• Murder and manslaughter (ss 12, 15 Crimes Act 1900 (ACT)) — homicide offences — up to life imprisonment
• Armed robbery and aggravated robbery (ss 310, 311 Crimes Act 1900 (ACT)) — robbery with a weapon, in company, or causing injury — up to 20 years
• Aggravated burglary (s 312 Crimes Act 1900 (ACT)) — burglary of an occupied home, with a weapon, or in company — up to 20 years
• Large commercial drug supply and trafficking — commercial quantities under ACT and Commonwealth drug legislation — up to 25 years
• Grievous bodily harm and wounding (ss 19, 20 Crimes Act 1900 (ACT)) — causing serious injury intentionally or recklessly — up to 20 years
• Sexual offences (Part 3 Crimes Act 1900 (ACT)) — including sexual assault, aggravated sexual assault, and offences involving young people
• Firearms offences involving prohibited weapons under the Firearms Act 1996 (ACT) and Prohibited Weapons Act 1996 (ACT)
• Commonwealth serious fraud and importation offences

The Path of a Serious Indictable Matter

• Arrest and first appearance — initial mention in the ACT Magistrates Court, bail addressed
• Committal proceedings — the Magistrates Court tests whether the prosecution evidence is sufficient to commit the matter to the Supreme Court
• Indictment and arraignment — the matter is formally filed in the ACT Supreme Court
• Pre-trial applications — challenges to evidence, separate trials, judge-alone elections
• Trial — typically before a judge and jury, often running several weeks
• Sentence or appeal — sentencing under the Crimes (Sentencing) Act 2005 (ACT), or appeal to the ACT Court of Appeal

Frequently Asked Questions

Will I get bail for a serious indictable offence in the ACT?

Bail for serious indictable offences is contested and often falls into the show-cause category under the Bail Act 1992 (ACT). The accused may need to demonstrate exceptional circumstances. A detailed bail package including residence, sureties, and reporting conditions is essential.

How long do serious indictable matters take to resolve?

From charge to verdict, serious indictable matters typically take 12 to 24 months. This includes committal in the Magistrates Court, pre-trial applications in the Supreme Court, and the trial itself, which may run for several weeks depending on complexity.

Can a serious charge be reduced through negotiation?

In some matters, charge negotiations with the DPP can result in lesser charges being substituted on a guilty plea. Whether this is appropriate depends on the strength of the prosecution evidence, the circumstances of the offence, and the accused's instructions. Early defence preparation strengthens the negotiation position.

Do I need senior counsel for a serious indictable matter?

For trials of the most serious offences, particularly murder, sexual offences, and large commercial matters, briefing senior counsel is normal practice. The instructing solicitor manages the matter end to end and works with counsel on trial strategy and advocacy.

Insolvency and Bankruptcy Under Australian Law

Personal insolvency in Australia is governed by the Bankruptcy Act 1966 (Cth) and administered by the Australian Financial Security Authority (AFSA). Corporate insolvency operates under the Corporations Act 2001 (Cth) and is administered by liquidators and voluntary administrators registered with the Australian Securities and Investments Commission (ASIC). Andrew Byrnes Law Group advises debtors, creditors, directors, and trustees in personal and corporate insolvency matters in the ACT.

Personal Insolvency Options

• Bankruptcy — a legal status that releases the debtor from most unsecured debts after a bankruptcy period of 3 years, in exchange for surrender of assets above protected thresholds and divisible income
• Debt agreement (Part IX) — a binding arrangement with creditors to pay an agreed sum over a period, without entering bankruptcy
• Personal insolvency agreement (Part X) — a more flexible arrangement for higher-income or higher-asset debtors
• Bankruptcy notice — a creditor's formal demand triggering the bankruptcy process if not satisfied
• Creditor's petition — application by a creditor to have a debtor declared bankrupt

Corporate Insolvency Procedures

• Voluntary administration — directors appoint a voluntary administrator to consider restructuring and maximise return to creditors
• Deed of company arrangement (DOCA) — a binding agreement between the company and its creditors following voluntary administration
• Liquidation (winding-up) — the company is wound up and its assets distributed to creditors, either by court order or by members' resolution
• Receivership — a secured creditor appoints a receiver to take control of specific assets
• Small business restructuring — a streamlined process for eligible small companies with liabilities under $1 million
• Statutory demand — a creditor's formal demand under s 459E Corporations Act 2001 (Cth) triggering presumption of insolvency if not satisfied within 21 days

Director Duties in Insolvency

Directors have specific duties when their company is approaching insolvency, including the duty to prevent insolvent trading under s 588G Corporations Act 2001 (Cth). Breach can result in personal liability for company debts incurred while insolvent. Director Penalty Notices issued by the ATO can also impose personal liability for unpaid PAYG, GST, and superannuation.

Frequently Asked Questions

What happens to my assets if I declare bankruptcy in Australia?

Most assets vest in the bankruptcy trustee under the Bankruptcy Act 1966 (Cth), but protected assets include necessary household items, tools of trade up to a threshold, and superannuation in most cases. The family home is typically realised by the trustee unless arrangements are made to retain it.

How long does bankruptcy last in Australia?

Standard bankruptcy lasts 3 years and 1 day from the date the statement of affairs is filed. The trustee can extend the bankruptcy by 2 or 5 years for non-cooperation or failure to disclose. The bankruptcy appears on the National Personal Insolvency Index permanently.

What is a statutory demand under the Corporations Act?

A statutory demand under s 459E Corporations Act 2001 (Cth) is a creditor's formal demand for a debt of at least $4,000 owed by a company. If not paid or set aside within 21 days, the company is presumed insolvent and the creditor can apply to wind up the company.

Can directors be personally liable for company debts?

Yes, in specific circumstances. Directors can be personally liable for insolvent trading under s 588G Corporations Act 2001 (Cth), for unpaid PAYG, GST, and superannuation under Director Penalty Notices from the ATO, and for personal guarantees they have signed. Early advice can prevent or limit personal exposure.

Family Violence Orders (FVOs) Under ACT Law

A Family Violence Order is a civil protective order made under the Family Violence Act 2016 (ACT) by the ACT Magistrates Court. FVOs are designed to protect a person from family violence by imposing legally enforceable conditions on the respondent. Although civil in nature, a breach of an FVO is a criminal offence carrying up to 5 years imprisonment.

Who Can Apply for an FVO

• An affected family member — the person who has experienced or fears family violence
• A police officer — on behalf of an affected family member, often initiated by an emergency response
• A child representative — where the affected person is a child
• An authorised representative — for adults unable to apply themselves

Types of Family Violence Orders

• Interim FVO — a short-term protective order made urgently, often without notice to the respondent, while a full hearing is arranged
• Final FVO — made after a contested hearing or by consent, usually for 12 to 24 months
• Police Family Violence Order (PFVO) — made by senior police in urgent circumstances, taking effect immediately
• Consent order without admissions — a final order made without the respondent admitting the underlying allegations

Conduct Covered by the Family Violence Act 2016 (ACT)

The Act defines family violence broadly. It includes physical violence, threats, sexual abuse, emotional and psychological abuse, economic abuse, stalking, harassment, damage to property, and harm to animals where used to coerce a family member. Coercive and controlling behaviour is recognised whether or not physical violence has occurred.

Defending an FVO Application

• Challenging the evidence and credibility of the application
• Negotiating an order without admissions to limit collateral consequences
• Cross-examining the applicant where appropriate
• Proposing limited conditions that protect the applicant without unduly affecting employment, residence, or contact with children
• Coordinating with any criminal proceedings to avoid prejudicing the defence

Frequently Asked Questions

What is the difference between an FVO and an AVO?

An FVO is the ACT's equivalent of an AVO, but applies specifically to family and domestic relationships under the Family Violence Act 2016 (ACT). AVOs in NSW cover both personal and domestic violence. FVOs are made by the ACT Magistrates Court; AVOs by NSW Local Courts.

What happens if I breach a Family Violence Order?

Breach of an FVO is a criminal offence under the Family Violence Act 2016 (ACT), carrying a maximum of 5 years imprisonment. Even a single phone call, text message, or social media contact in breach of conditions can result in charges, bail revocation, and a recorded conviction.

Will an FVO affect my firearms licence?

Yes. The Firearms Act 1996 (ACT) requires the cancellation or suspension of a firearms licence when an FVO is in force against the holder. Licensed firearms must be surrendered. This can affect employment in policing, defence, and security industries.

Can I consent to an FVO without admitting the allegations?

Yes. A consent order without admissions is common in the ACT. The respondent agrees to the order but does not admit the underlying conduct. This can resolve the matter quickly and avoid a contested hearing, but the order itself still has legal effect.

Employment Law Under Australian and ACT Law

Employment law in Australia operates primarily under the Fair Work Act 2009 (Cth), with additional state and territory regimes for workplace safety, anti-discrimination, and long service leave. The Fair Work Commission, Federal Circuit and Family Court, and Federal Court hear most workplace disputes. The ACT also has its own Human Rights Commission and Work Health and Safety regime. Andrew Byrnes Law Group represents both employees and employers across the full range of workplace matters.

Common Employment Law Issues

• Unfair dismissal — termination that is harsh, unjust, or unreasonable under the Fair Work Act 2009 (Cth) — applications must be filed within 21 days
• General protections (adverse action) — dismissal or adverse treatment because of a workplace right, industrial activity, or protected attribute
• Unlawful termination — dismissal for a discriminatory reason or in breach of statutory obligations
• Underpayment of wages and entitlements — recovery of unpaid award rates, overtime, allowances, superannuation, and leave
• Workplace discrimination, sexual harassment, and bullying — claims under the Fair Work Act 2009 (Cth), Sex Discrimination Act 1984 (Cth), and ACT Discrimination Act 1991 (ACT)
• Workplace investigations — representing employees and employers in misconduct, performance, or grievance investigations
• Restraint of trade and post-employment obligations — enforcing or defending non-compete, non-solicitation, and confidentiality obligations
• Independent contractor and sham contracting — disputes about employment status under the Fair Work Act and ATO criteria

Where Employment Disputes Are Heard

• Fair Work Commission — unfair dismissal, general protections, anti-bullying orders, and award variation
• Federal Circuit and Family Court — small claims under the Fair Work Act and general protections involving dismissal
• Federal Court — complex Fair Work matters and large underpayment claims
• ACT Magistrates Court and ACT Supreme Court — contract-based employment claims and restraint of trade matters
• Australian Human Rights Commission and ACT Human Rights Commission — conciliation of discrimination complaints

Frequently Asked Questions

How long do I have to lodge an unfair dismissal claim?

Unfair dismissal applications must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict deadline under the Fair Work Act 2009 (Cth). Extensions of time are only granted in exceptional circumstances.

What is the difference between unfair dismissal and general protections?

Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable. General protections focus on whether the dismissal or other adverse action was because of a workplace right, industrial activity, or protected attribute. General protections claims can attract uncapped damages and have a different time limit.

Can I claim unpaid wages from my employer?

Yes. Underpaid wages, overtime, allowances, superannuation, and leave entitlements can be recovered through the Fair Work Ombudsman, the Federal Circuit and Family Court, or the Fair Work Commission's small claims jurisdiction. Underpayment claims can go back 6 years and longer in cases of deliberate underpayment.

Are restraint of trade clauses enforceable in the ACT?

Restraint of trade clauses are enforceable in the ACT only to the extent they are reasonable to protect a legitimate business interest. Courts assess the scope (activities restrained), geography, and duration. Unreasonable restraints are unenforceable in whole or in part.

Debt Recovery Under ACT and Federal Law

Debt recovery in the ACT is conducted through the ACT Civil and Administrative Tribunal, ACT Magistrates Court, or ACT Supreme Court depending on the amount owed. Enforcement of judgments is governed by the Court Procedures Rules 2006 (ACT). Claims under $25,000 typically proceed in ACAT; claims between $25,000 and $250,000 in the ACT Magistrates Court; larger claims in the ACT Supreme Court. The Limitation Act 1985 (ACT) generally requires debt claims to be commenced within 6 years.

The Debt Recovery Process

• Pre-action letter of demand — formal written demand for payment, often the most effective first step
• Commencing proceedings — filing a statement of claim in the appropriate court or application in ACAT
• Default judgment — obtaining judgment where the debtor fails to defend within the required time
• Defended hearing — trial of the matter where the debtor raises a defence or counterclaim
• Enforcement — once judgment is obtained, available enforcement options include:
  • Garnishee orders against wages or bank accounts
  • Warrant of seizure and sale of property
  • Examination of the judgment debtor about their financial position
  • Bankruptcy proceedings (individual debtors) under the Bankruptcy Act 1966 (Cth)
  • Winding-up proceedings (corporate debtors) under the Corporations Act 2001 (Cth)

Defences to Debt Claims

• The debt is not owed — disputing the underlying contract or liability
• The debt has been paid in whole or in part
• Set-off or counterclaim arising from related dealings
• The claim is statute-barred under the Limitation Act 1985 (ACT)
• The amount claimed is inflated or includes unenforceable charges
• Procedural defences including service issues and lack of standing

Recovering Debt from Bankrupt or Insolvent Debtors

Where the debtor is in bankruptcy or external administration, the creditor must lodge a proof of debt with the trustee or liquidator. The Bankruptcy Act 1966 (Cth) and Corporations Act 2001 (Cth) govern the priority of creditor claims and the distribution of any available funds. Recovery in insolvency is often partial and depends on the available assets.

Frequently Asked Questions

How long do I have to recover a debt in the ACT?

Most debts must be recovered within 6 years of the cause of action arising under the Limitation Act 1985 (ACT). A part-payment or written acknowledgement of the debt can restart the limitation period. Acting promptly preserves the right to recover.

What is the cheapest way to recover a small debt in the ACT?

For claims up to $25,000, the ACT Civil and Administrative Tribunal offers a low-cost, streamlined process with limited formality. Filing fees are modest and legal representation is not required, although Andrew Byrnes Law Group can assist with strategy and representation where the matter is complex or contested.

Can I add interest and recovery costs to the debt claim?

Yes. The Court Procedures Rules 2006 (ACT) allow interest to be added to a judgment debt at a prescribed rate. Recovery costs (including reasonable legal costs) can be claimed under court rules, and where the underlying contract provides for indemnity costs, those costs are recoverable.

What happens if the debtor has no money?

An order for examination can compel the debtor to disclose their assets and income. Where the debtor is genuinely unable to pay, bankruptcy or winding-up proceedings may be the only remaining option. Andrew Byrnes Law Group provides realistic advice on the prospects of recovery before incurring further costs.

Drug Offences Under ACT and Commonwealth Law

Drug offences in the ACT are prosecuted under either the Drugs of Dependence Act 1989 (ACT), the Criminal Code 2002 (ACT), or the Criminal Code Act 1995 (Cth) for serious importation and large commercial matters. The ACT has the most progressive drug policy framework in Australia, including the personal cannabis possession reforms and personal possession decriminalisation for small quantities of common illicit substances. Despite these reforms, supply, trafficking, and cultivation offences continue to attract significant penalties.

Categories of Drug Offences in the ACT

• Personal possession of a small quantity — under ACT decriminalisation reforms, small quantities of common illicit drugs are addressed by a Simple Drug Offence Notice or referral to treatment rather than charge
• Possession above small quantity — charged under the Drugs of Dependence Act 1989 (ACT) — penalties depend on quantity and substance
• Personal cannabis possession and cultivation — limited personal possession and home cultivation has been decriminalised for adults in the ACT
• Supply — selling, giving, or offering to supply a controlled drug — maximum 10 years for trafficable quantities
• Trafficking and commercial supply — supply of commercial or large commercial quantities — up to 25 years under Commonwealth law
• Cultivation of cannabis or other plants above personal limits — penalties scale with quantity
• Manufacture of controlled drugs — serious indictable offence
• Importation — Commonwealth offence under the Criminal Code Act 1995 (Cth) — up to life imprisonment for commercial quantities
• Driving under the influence of drugs — addressed under the Road Transport (Alcohol and Drugs) Act 1977 (ACT)

What the Prosecution Must Prove

• The substance is a controlled drug under the relevant legislation
• The accused possessed, supplied, cultivated, manufactured, or imported the substance
• The accused had the required knowledge of the nature of the substance
• For supply or trafficking: the conduct was for the purpose of supply, often inferred from quantity

Defences and Diversion

• Lack of knowledge — the accused did not know the substance was a controlled drug
• Lack of possession — the accused did not have custody or control of the substance
• Personal use — challenging an inference of supply based on quantity or surrounding circumstances
• Drug and Alcohol Treatment Order — the ACT Drug and Alcohol Sentencing List offers a structured treatment pathway for accused with substance dependence
• Diversion programs — including the Simple Drug Offence Notice scheme

Frequently Asked Questions

Has cannabis been legalised in the ACT?

No, cannabis has not been legalised. The ACT has decriminalised limited personal possession and home cultivation for adults. Supply, trafficking, large-scale cultivation, and possession involving young people remain serious criminal offences. Commonwealth offences also continue to apply.

Will I get a criminal record for a small drug possession charge?

Under the ACT's decriminalisation reforms, small quantities of common illicit substances are typically addressed by a Simple Drug Offence Notice or referral to drug diversion, which does not result in a criminal record. Quantities above the small threshold proceed as criminal charges.

What is the difference between possession and supply in the ACT?

Possession is having custody or control of a drug. Supply is selling, giving, offering, or distributing a drug to another person. Supply can be inferred from quantity, packaging, scales, cash, or messaging records. The maximum penalty for supply far exceeds possession.

Can I avoid jail for a drug trafficking charge?

For lower-end trafficking, a Drug and Alcohol Treatment Order, Intensive Correction Order, or suspended sentence may be available depending on the accused's circumstances, prior record, and engagement with treatment. Commercial quantities ordinarily attract full-time imprisonment.

Murder and Manslaughter Under ACT Law

Murder and manslaughter are the most serious indictable offences in the ACT, prosecuted in the ACT Supreme Court before a jury. Both offences are governed by the Crimes Act 1900 (ACT) and carry the heaviest penalties available under ACT law, up to life imprisonment for murder. The critical distinction between the two is intent.

Categories of Homicide Offences

• Murder (s 12 Crimes Act 1900 (ACT)) — causing the death of another person with intent to kill, intent to cause grievous bodily harm, or reckless indifference to human life — maximum life imprisonment
• Manslaughter (s 15 Crimes Act 1900 (ACT)) — causing death without the intent required for murder, often through gross negligence or an unlawful and dangerous act — maximum 20 years imprisonment
• Industrial manslaughter — death of a worker caused by negligent conduct of an employer — separate statutory regime in the ACT
• Culpable driving causing death — addressed under Road Transport legislation, often charged as an alternative to manslaughter in fatal collision cases

What the Prosecution Must Prove

• The accused caused the death of another person
• The required mental element (intent, recklessness, or negligence depending on the charge)
• The absence of a complete defence such as self-defence, provocation, or mental impairment

Defences and Partial Defences in the ACT

• Self-defence under the Criminal Code 2002 (ACT) — where the accused believed force was necessary and the response was reasonable
• Mental impairment — where a mental health condition affected the capacity to understand or control the conduct
• Provocation — a partial defence that can reduce murder to manslaughter
• Accident — where the death was not reasonably foreseeable
• Causation challenges — disputing the link between the accused's conduct and the death

Frequently Asked Questions

What is the difference between murder and manslaughter in the ACT?

Murder requires intent to kill, intent to cause grievous bodily harm, or reckless indifference to human life. Manslaughter is causing death without that specific intent, often through negligence or an unlawful dangerous act. The maximum penalty for murder is life imprisonment; for manslaughter, 20 years.

Can I get bail if charged with murder in the ACT?

Bail for murder is exceptionally difficult to obtain. The Bail Act 1992 (ACT) places murder in the show-cause category, meaning the accused must demonstrate why their detention is not justified. A detailed bail application with senior counsel involvement is essential.

Will the case be heard in front of a jury?

Yes. Murder and manslaughter charges are heard in the ACT Supreme Court, normally before a judge and jury. The accused can elect a judge-alone trial in some circumstances under ACT procedure.

How long does a murder trial take in the ACT?

From charge to verdict, a murder matter typically takes 12 to 24 months. This includes committal proceedings in the Magistrates Court, pre-trial applications, expert evidence preparation, and the trial itself, which often runs for several weeks.

Fraud Charges Under ACT and Commonwealth Law

Fraud offences in Canberra are prosecuted under either the Criminal Code 2002 (ACT) or the Criminal Code Act 1995 (Cth), depending on whether the conduct involved a Commonwealth entity such as Centrelink, the ATO, or an APS agency. Fraud charges range from low-value dishonesty matters in the ACT Magistrates Court to large-scale commercial fraud heard in the ACT Supreme Court or Federal Court. The financial and reputational consequences are severe and often extend to employment, professional registration, and security clearances.

Common Fraud Offences

• Obtaining property by deception (s 326 Criminal Code 2002 (ACT)) — dishonestly obtaining property — maximum 10 years imprisonment
• Obtaining financial advantage by deception (s 332 Criminal Code 2002 (ACT)) — gaining a financial benefit through dishonest conduct — maximum 10 years
• General dishonesty offences (s 333 Criminal Code 2002 (ACT)) — dishonest dealings causing financial loss
• Commonwealth fraud (Division 134 Criminal Code Act 1995 (Cth)) — obtaining property, financial advantage, or services from a Commonwealth entity by deception — maximum 10 years
• Tax fraud — offences under the Taxation Administration Act 1953 (Cth) including fraudulent claims and false returns
• Identity fraud — using or possessing identification information to commit an offence
• Forgery and uttering (ss 346, 347 Criminal Code 2002 (ACT)) — creating or using false documents

What the Prosecution Must Prove

• The accused engaged in deception or dishonest conduct
• The accused obtained, or attempted to obtain, property, a financial advantage, or other benefit
• The conduct was dishonest by the standards of ordinary people
• For Commonwealth matters: the entity defrauded was a Commonwealth body

Defences

• Honest belief in a legal right to the property or benefit
• Absence of dishonesty by ordinary community standards
• Lack of intent to defraud
• Authority or consent for the conduct in question
• Procedural defences including improper investigation or charge selection

Frequently Asked Questions

What is the difference between ACT fraud and Commonwealth fraud?

ACT fraud charges arise where the victim is a private individual, business, or ACT government entity. Commonwealth fraud applies where the victim is a Commonwealth body such as Centrelink, the ATO, or an APS agency. The two regimes have different elements, maximum penalties, and prosecuting authorities.

Can a fraud charge be resolved without a criminal record?

Yes, in some cases. Restitution, early plea, character evidence, and mental health context can support a section 17 non-conviction outcome under the Crimes (Sentencing) Act 2005 (ACT). For Commonwealth matters, equivalent outcomes are available under section 19B of the Crimes Act 1914 (Cth).

Will I lose my security clearance if charged with fraud?

A fraud charge will trigger a security clearance review under the Australian Government Security Policy Framework. Whether the clearance is suspended or revoked depends on the seriousness, the agency's risk tolerance, and the outcome of the criminal matter. Early legal advice is essential to manage both processes.

How does Centrelink decide to prosecute fraud rather than raise a debt?

Centrelink and Services Australia refer matters to the Commonwealth Director of Public Prosecutions where the conduct involves deliberate deception over a sustained period, typically with overpayments exceeding $10,000. Lower-value or genuinely mistaken overpayments are normally addressed through debt recovery only.

Assault Charges Under ACT Law

Assault offences in the ACT are prosecuted under the Crimes Act 1900 (ACT) and range from common assault, finalised in the ACT Magistrates Court, to grievous bodily harm and wounding offences heard in the ACT Supreme Court. The category of assault, the injury caused, and the circumstances of the alleged conduct determine both the maximum penalty and the court of jurisdiction. Many assault matters in Canberra also have a domestic or family violence component, which triggers parallel Family Violence Order proceedings.

Categories of Assault Offences

• Common assault (s 26 Crimes Act 1900 (ACT)) — applying or threatening force without consent — maximum 2 years imprisonment
• Assault occasioning actual bodily harm (s 24 Crimes Act 1900 (ACT)) — assault causing more than transient injury — maximum 5 years
• Inflicting grievous bodily harm (s 20 Crimes Act 1900 (ACT)) — causing really serious injury recklessly — maximum 13 years
• Intentionally inflicting grievous bodily harm (s 19 Crimes Act 1900 (ACT)) — causing really serious injury with intent — maximum 20 years
• Wounding (s 21 Crimes Act 1900 (ACT)) — breaking the skin and underlying tissue — maximum 5 years
• Choking, suffocation or strangulation (s 28 Crimes Act 1900 (ACT)) — a specific family violence offence — maximum 14 years
• Assault against police or public officers (s 26A Crimes Act 1900 (ACT)) — assault on a frontline officer in the course of duty — increased penalties
• Sexual assault — addressed under separate provisions in Part 3 of the Crimes Act 1900 (ACT)

What the Prosecution Must Prove

• The accused applied force to or threatened force against another person
• The application or threat was intentional or reckless
• The complainant did not consent to the contact
• For aggravated forms: the additional element such as injury, weapon, or status of the complainant

Defences Available in the ACT

• Self-defence under the Criminal Code 2002 (ACT) — the accused believed force was necessary and the response was reasonable
• Defence of another — protecting a third person from harm
• Consent — relevant in sporting and similar consensual physical contact
• Lawful correction — narrow application, mainly historical
• Mistake of fact — honest and reasonable mistake about a relevant matter
• Identification challenges — disputing whether the accused was the person involved

Frequently Asked Questions

What is the difference between common assault and assault occasioning actual bodily harm?

Common assault covers force or threats without significant injury. Assault occasioning actual bodily harm requires the injury to be more than transient — bruising, swelling, or cuts that interfere with health or comfort. The difference triples the maximum penalty from 2 years to 5 years.

Can I be charged with assault if I did not touch the person?

Yes. A threat of immediate force, made with the apparent ability to carry it out, can constitute common assault even without physical contact. Raised fists, threatening gestures, or verbal threats accompanied by movement towards the complainant can all amount to assault.

Will I get a criminal record for a first-time assault charge in the ACT?

Not necessarily. For a first-time common assault with mitigating circumstances, a section 17 non-conviction outcome under the Crimes (Sentencing) Act 2005 (ACT) remains possible. Restitution, an apology, character evidence, and engagement with counselling all support that outcome.

What happens at the first mention for an assault charge?

The first listing is a mention in the ACT Magistrates Court. The court confirms the charge, addresses bail, and adjourns for the prosecution to serve a brief of evidence. Do not enter a plea before receiving legal advice.

Property Offences Under ACT Law

Property offences in the ACT are prosecuted under the Criminal Code 2002 (ACT) and the Crimes Act 1900 (ACT). They range from low-value theft finalised in the ACT Magistrates Court to aggravated burglary heard in the ACT Supreme Court. The category of offence, the value of the property, and any aggravating circumstances determine the maximum penalty and the court of jurisdiction.

Categories of Property Offences

• Theft (s 308 Criminal Code 2002 (ACT)) — dishonestly appropriating property belonging to another — maximum 10 years imprisonment
• Minor theft — theft of property valued under $1,000 — typically dealt with summarily in the Magistrates Court
• Robbery (s 310 Crimes Act 1900 (ACT)) — stealing with violence or threat of violence — maximum 15 years
• Aggravated robbery (s 311 Crimes Act 1900 (ACT)) — robbery with a weapon, in company, or causing injury — maximum 20 years
• Burglary (s 311 Crimes Act 1900 (ACT)) — entering a building with intent to commit an offence — maximum 14 years
• Aggravated burglary (s 312 Crimes Act 1900 (ACT)) — burglary of an occupied home, with a weapon, or in company — maximum 20 years
• Receiving stolen property — knowingly purchasing or possessing goods that have been stolen — maximum 10 years
• Property damage (s 116 Crimes Act 1900 (ACT)) — destroying or damaging property — penalties scale with value and intent
• Arson — setting fire to property — maximum 25 years

Defences

• Lack of dishonesty by ordinary community standards
• Honest claim of right to the property
• Lack of intent to permanently deprive the owner
• Disputed identification, particularly where CCTV or witness identification is the only evidence
• Mistake of fact about ownership or consent
• Duress or necessity in narrow circumstances

Frequently Asked Questions

What is the difference between theft and robbery?

Theft is dishonestly appropriating property without force or threat. Robbery is theft accompanied by violence or threat of violence at the time of the taking. Robbery is treated far more seriously, with a maximum of 15 years compared to 10 years for theft.

Can I avoid a criminal record for a first-time shoplifting charge?

Yes, in many cases. A first-time minor theft matter can be resolved through restitution, a written apology, and a section 17 non-conviction outcome under the Crimes (Sentencing) Act 2005 (ACT). Engagement with counselling or a behavioural intervention strengthens the application.

What is the difference between burglary and trespass in the ACT?

Trespass is unlawful entry on premises without further intent. Burglary under s 311 of the Crimes Act 1900 (ACT) requires entry with intent to commit an offence inside, such as theft, assault, or damage. Burglary carries up to 14 years; trespass typically a fine or short-term imprisonment.

Will a property offence conviction affect my employment?

Yes. A property offence conviction appears on a National Police Certificate and can affect employment in retail, finance, government, and roles requiring Working with Vulnerable People (WWVP) clearance. A section 17 non-conviction outcome is the best protection where the facts allow.

Domestic Violence Charges Under ACT Law

Domestic and family violence charges in the ACT are prosecuted under the Crimes Act 1900 (ACT) and the Family Violence Act 2016 (ACT). These matters often run in parallel with Family Violence Order proceedings and can affect custody, employment, security clearances, and visa status. The ACT Magistrates Court and ACT Supreme Court take a strict approach to domestic violence allegations, with bail and sentencing frameworks specifically tailored to family violence matters.

Common Domestic Violence Offences

• Common assault (s 26 Crimes Act 1900 (ACT)) — applying or threatening force to a family member — maximum 2 years imprisonment
• Assault occasioning actual bodily harm (s 24 Crimes Act 1900 (ACT)) — assault causing more than transient injury — maximum 5 years
• Grievous bodily harm (ss 19, 20 Crimes Act 1900 (ACT)) — causing serious injury, intentionally or recklessly — maximum 20 years
• Choking, suffocation or strangulation (s 28 Crimes Act 1900 (ACT)) — a specific family violence offence — maximum 14 years
• Stalking and intimidation (s 35 Crimes Act 1900 (ACT)) — conduct causing apprehension or fear — maximum 2 years, or 5 years for aggravated stalking
• Breach of Family Violence Order (Family Violence Act 2016 (ACT)) — contravening the conditions of an FVO — maximum 5 years imprisonment
• Property damage (s 116 Crimes Act 1900 (ACT)) — destroying or damaging property of a family member

Parallel Proceedings

Domestic violence charges in Canberra almost always run alongside an application for a Family Violence Order. These proceedings have different standards of proof (criminal beyond reasonable doubt; FVO on the balance of probabilities) and different consequences. A coordinated defence strategy across both matters is essential to avoid concessions in one proceeding damaging the other.

Defences and Mitigation

• Self-defence where the accused was responding to threatened or actual violence
• Lack of intent or recklessness for the relevant offence
• Disputed identification or causation, particularly in matters involving multiple people in a household
• Mental health considerations under the Crimes (Sentencing) Act 2005 (ACT)
• Participation in restorative justice or behaviour change programs where appropriate

Frequently Asked Questions

Can a domestic violence charge be withdrawn if the complainant changes their mind?

No. Only the DPP or police prosecutor can withdraw a charge. The complainant's wishes are relevant but not determinative. ACT Policing prosecutes domestic violence matters regardless of complainant withdrawal in most cases.

Will a domestic violence conviction affect my employment?

Yes. A conviction will appear on a National Police Certificate and can affect Working with Vulnerable People (WWVP) checks, security clearances, professional registrations, and visa applications. A section 17 non-conviction outcome under the Crimes (Sentencing) Act 2005 (ACT) is the best protection where the facts allow.

Can I contact my partner if I have been charged with a domestic violence offence?

Usually not. Bail conditions and any Family Violence Order will typically prohibit contact. Breaching these conditions is itself a criminal offence carrying further charges. Always obtain legal advice before any communication.

What happens at the first court appearance for a domestic violence charge?

The first listing is a mention in the ACT Magistrates Court. The court will confirm the charge, address bail, and set the matter for a further mention or hearing. Do not enter a plea before receiving legal advice.

Personal Protection Orders (PPOs) Under ACT Law

A Personal Protection Order is a civil order made under the Personal Violence Act 2016 (ACT) by the ACT Magistrates Court. PPOs protect a person from violence, threats, harassment, intimidation, stalking, or property damage by someone who is not a family member. Breach of a PPO is a criminal offence carrying up to 5 years imprisonment.

When a PPO Applies

PPOs cover personal violence outside family relationships. Common situations include disputes between neighbours, co-workers, former friends, business associates, fellow students, or strangers. Where the parties are in a family or domestic relationship, an FVO under the Family Violence Act 2016 (ACT) is the correct order.

Types of Personal Protection Orders

• Interim PPO — a short-term order made urgently to provide immediate protection, often before the respondent is heard
• Final PPO — made after a contested hearing or by consent, usually for up to 12 months but extendable
• Consent order without admissions — a final order made without the respondent admitting the underlying allegations

Conduct Covered by the Personal Violence Act 2016 (ACT)

• Physical violence, including assault
• Threats of physical or sexual harm
• Stalking under s 35 Crimes Act 1900 (ACT)
• Harassment, intimidation, and offensive conduct
• Damage to property
• Behaviour the affected person reasonably fears will be repeated

Defending a PPO Application

• Challenging the evidence and the reasonableness of the applicant's fear
• Negotiating limited conditions that do not unduly affect work, residence, or daily life
• Cross-examination of the applicant at a contested hearing
• Resolution by consent without admissions where appropriate
• Costs applications where the application is misconceived

Frequently Asked Questions

What is the difference between a PPO and an FVO?

A PPO is for personal violence outside family relationships, made under the Personal Violence Act 2016 (ACT). An FVO is for family or domestic violence, made under the Family Violence Act 2016 (ACT). Both are issued by the ACT Magistrates Court but apply to different relationships and carry separate criteria.

What happens if I breach a Personal Protection Order?

Breach of a PPO is a criminal offence under the Personal Violence Act 2016 (ACT), carrying a maximum of 5 years imprisonment. Even minor contact in breach of conditions can result in arrest, charges, and bail conditions.

Will a PPO show up on a police check?

The PPO itself is a civil order and does not normally appear on a National Police Certificate. A conviction for breach of a PPO is a criminal matter and will appear, subject to the Spent Convictions Act 2000 (ACT).

Can I oppose a PPO at the first court date?

Yes. The first listing is a return date in the ACT Magistrates Court. The respondent can oppose the order, seek variation of conditions, or ask the court to adjourn for a contested hearing. Do not consent or admit anything before receiving legal advice.

Apprehended Violence Orders (AVOs) Under NSW Law

An Apprehended Violence Order is a civil protective order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) by the Local Court of New South Wales. AVOs protect a person from violence, threats, harassment, intimidation, or stalking. Breach of an AVO is a criminal offence carrying up to 2 years imprisonment, a fine of 50 penalty units, or both.

Types of Apprehended Violence Orders

• Apprehended Domestic Violence Order (ADVO) — protects a person in a domestic relationship with the defendant, including current and former partners, family members, and people living in the same household
• Apprehended Personal Violence Order (APVO) — protects a person who does not have a domestic relationship with the defendant, such as neighbours, co-workers, or acquaintances
• Provisional AVO — made by police in urgent circumstances, taking effect immediately
• Interim AVO — made by the court pending a final hearing
• Final AVO — made after a contested hearing or by consent, usually for 12 months but extendable

Standard AVO Conditions

Every AVO includes mandatory conditions under s 36 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), prohibiting the defendant from assaulting, threatening, stalking, harassing, intimidating, or damaging property of the protected person. Additional conditions may include non-contact, geographic exclusion, alcohol restrictions, and surrender of firearms.

Where ACT and NSW Cross Over

Many ABLG clients live in Canberra but face AVO proceedings in NSW because the conduct occurred in Queanbeyan, Goulburn, Yass, or another NSW Local Court area. An AVO made in NSW is enforceable in the ACT under the National Domestic Violence Order Scheme, and vice versa.

Defending an AVO Application

• Challenging the evidence and the reasonableness of the applicant's fear
• Negotiating for limited conditions that do not unduly affect work, residence, or contact with children
• Consent without admissions to resolve the matter without a contested hearing
• Contested hearing advocacy in the NSW Local Court
• Variation and revocation applications for existing orders

Frequently Asked Questions

What is the difference between an ADVO and an APVO?

An ADVO protects a person in a domestic relationship with the defendant, including current and former partners, family members, and household members. An APVO protects a person not in a domestic relationship, such as neighbours, co-workers, or acquaintances. Both are made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Will an AVO show up on my criminal record?

The AVO itself is a civil order and does not appear on a National Police Certificate. A conviction for breach of an AVO is a criminal matter and will appear, subject to the relevant spent convictions legislation.

What happens if I breach an AVO?

Breach of an AVO is a criminal offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), carrying a maximum penalty of 2 years imprisonment, 50 penalty units, or both. Any contact in breach of conditions can result in arrest and charges, even where the protected person consents.

Can I have an AVO made in NSW lifted while I live in the ACT?

Yes. Applications to vary or revoke an AVO can be made to the NSW Local Court that made the order, even by a respondent living in the ACT. ABLG appears for clients in both NSW and ACT courts on these applications.

Drink Driving Offences Under ACT Law

Drink driving offences in the ACT are prosecuted under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) and finalised in the ACT Magistrates Court. The offence category, the driver's blood alcohol concentration (BAC), and any prior record determine the penalties — which can include fines, licence disqualification, alcohol interlock orders, and imprisonment. Even a low-range first offence carries automatic licence consequences in the ACT.

Categories of Drink Driving Offences in the ACT

• Special range PCA — BAC of 0.02 to under 0.05 — applies to learner, provisional, and certain commercial drivers
• Low-range PCA — BAC of 0.05 to under 0.08 — minimum disqualification and substantial fine
• Mid-range PCA — BAC of 0.08 to under 0.15 — longer disqualification, higher fines, alcohol interlock order on return to driving
• High-range PCA — BAC of 0.15 or above — maximum penalties including potential imprisonment, particularly for repeat offences
• Driving under the influence (DUI) — driving while so affected by alcohol that the driver is unable to have proper control of the vehicle
• Refusing to provide a breath or blood sample — treated as equivalent to a high-range offence
• Combined drink and drug driving — charged when both alcohol and a prescribed drug are detected

Mandatory Disqualification Periods

The Road Transport (Alcohol and Drugs) Act 1977 (ACT) imposes minimum disqualification periods that the court cannot reduce. The actual disqualification depends on the offence range, prior record, and circumstances. Repeat offenders face significantly longer periods and may be required to complete the Alcohol Interlock Program before reinstatement.

Defences and Mitigation

• Challenges to the accuracy and calibration of the breath analysis device
• Challenges to the procedure followed by police during the breath or blood test
• Honest and reasonable mistake about whether the driver was over the limit
• Necessity in genuine emergency situations — narrow application
• Section 17 non-conviction outcomes for first-offence low-range matters with strong mitigation
• Engagement with alcohol treatment programs to support sentencing

Frequently Asked Questions

Will I lose my licence for a first drink driving offence in the ACT?

Yes. Even for a first low-range PCA offence, the Road Transport (Alcohol and Drugs) Act 1977 (ACT) imposes an automatic minimum licence disqualification. The court cannot reduce this minimum, although a section 17 non-conviction outcome can avoid a recorded conviction in some cases.

What is the difference between PCA and DUI in the ACT?

Prescribed Concentration of Alcohol (PCA) is based on a specific blood alcohol reading. Driving Under the Influence (DUI) does not require a specific BAC — the prosecution must prove the driver was so affected by alcohol that they could not properly control the vehicle. DUI can be charged where no reliable BAC reading was obtained.

Will I have to install an alcohol interlock device?

If you are convicted of a mid or high-range PCA offence, or a second drink driving offence, the court can order participation in the ACT Alcohol Interlock Program. The interlock device must be installed in any vehicle you drive for a specified period after the disqualification ends.

Can I keep driving for work after a drink driving conviction?

The ACT does not have a general work licence scheme for drink driving disqualifications. A restricted licence is not available during the mandatory disqualification period. Driving while disqualified is a serious separate offence under the Road Transport (Driver Licensing) Act 1999 (ACT).

Drug Driving Offences Under ACT Law

Drug driving offences in the ACT are prosecuted under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) and finalised in the ACT Magistrates Court. The ACT operates a zero-tolerance regime for prescribed drugs detected in saliva, blood, or urine — the prosecution does not need to prove impairment, only that the prescribed drug was present. Penalties include fines, licence disqualification, and for serious matters, imprisonment.

Categories of Drug Driving Offences

• Driving with a prescribed drug present — zero-tolerance offence — cannabis (THC), methamphetamine, MDMA, and cocaine detected in oral fluid, blood, or urine
• Driving under the influence of a drug — driving while so affected by a drug (including prescription medication) that the driver cannot properly control the vehicle
• Combined drink and drug driving — alcohol and a prescribed drug both detected — treated as an aggravated offence
• Refusing to provide an oral fluid, blood, or urine sample — treated as equivalent to a positive test
• Driving while impaired by prescription medication — charged where the medication affected driving ability, even where lawfully prescribed

Roadside Drug Testing in the ACT

ACT Policing conducts random roadside saliva testing for cannabis, methamphetamine, and MDMA. A positive saliva test triggers a confirmatory laboratory test and immediate licence suspension pending the result. The detection window varies by drug — cannabis can be detected in saliva for several hours after use, and longer in some cases.

Defences and Mitigation

• Challenges to the chain of custody and laboratory testing procedures
• Honest and reasonable mistake — limited application for prescribed drugs
• For DUI charges: disputing the evidence of impairment
• Medical evidence where the drug was lawfully prescribed and the dosage was as directed
• Sentencing mitigation including engagement with drug treatment programs
• Section 17 non-conviction outcomes for first-offence matters with strong personal circumstances

Frequently Asked Questions

Can I be charged with drug driving in the ACT if I am not impaired?

Yes. The Road Transport (Alcohol and Drugs) Act 1977 (ACT) creates a zero-tolerance offence for prescribed drugs detected in oral fluid, blood, or urine. The prosecution does not need to prove impairment — only that the prescribed drug was present in the driver's system.

How long does cannabis stay detectable in roadside saliva tests?

Detection windows vary by individual, frequency of use, and quantity consumed. Cannabis (THC) is typically detectable in saliva for several hours after use, but can be detected for 24 hours or more for regular users. A positive saliva test triggers a confirmatory laboratory test.

Will I lose my licence for a first drug driving offence?

Yes. The Road Transport (Alcohol and Drugs) Act 1977 (ACT) imposes a minimum licence disqualification for drug driving offences. The court cannot reduce this minimum, although section 17 non-conviction outcomes for first offences remain possible in some cases.

What happens if I am taking prescription medication that affects my driving?

Driving while impaired by prescription medication is an offence under ACT law. This applies even where the medication is lawfully prescribed and taken as directed. Medical evidence is highly relevant to defence and to sentencing.

Driving Whilst Suspended or Disqualified Under ACT Law

Driving while suspended or disqualified in the ACT is an offence under the Road Transport (Driver Licensing) Act 1999 (ACT). Penalties scale with the type of underlying licence loss and the driver's record — including substantial fines, further disqualification, and imprisonment for repeat or aggravated matters. Charges are finalised in the ACT Magistrates Court.

Categories of Suspended and Disqualified Driving Offences

• Driving while disqualified by court order — driving during a court-imposed disqualification — maximum penalties include imprisonment, particularly for repeat offences
• Driving while suspended for unpaid fines — driving when the licence has been suspended by Access Canberra for outstanding traffic fines or infringements
• Driving while suspended for demerit points — driving during a demerit point suspension after exceeding the threshold
• Driving while licence cancelled — driving after the licence has been cancelled following expiry or revocation
• Driving without ever holding a licence (unlicensed) — a separate offence with different penalty structure
• Driving while subject to an alcohol interlock requirement without compliance — driving a vehicle not fitted with an approved interlock device

Penalties

Penalties depend on the type of suspension or disqualification and the driver's prior record. A first offence of driving while disqualified by court order can result in further disqualification of 6 to 12 months and a substantial fine. Repeat offences attract longer disqualification periods and a real risk of imprisonment.

Defences and Mitigation

• Honest and reasonable mistake — the driver did not know the licence was suspended (limited application, particularly for court-ordered disqualifications)
• Necessity or emergency — narrow but available where the driving was urgent and unavoidable
• Procedural challenges to the original suspension notice or process
• Mitigation through evidence of compliance with payment plans for fine-related suspensions
• Section 17 non-conviction outcomes for first-offence administrative suspension matters with strong mitigation

Frequently Asked Questions

What is the difference between a suspended licence and a disqualified licence?

A suspended licence is one that has been temporarily withdrawn by Access Canberra, typically for unpaid fines or demerit points. A disqualified licence is one cancelled by a court order, usually as part of a sentence for a driving offence. Penalties for driving on a disqualified licence are generally higher.

Will I go to jail for driving while disqualified in the ACT?

Imprisonment is possible, particularly for repeat offences or where the underlying disqualification was for a serious matter. First-offence disqualified driving can sometimes be resolved with a fine and further disqualification, depending on circumstances and mitigation.

What if I did not know my licence was suspended?

For administrative suspensions (unpaid fines, demerit points), an honest and reasonable mistake defence may be available if Access Canberra did not properly notify the driver. For court-imposed disqualifications, this defence is rarely available because the driver was present at sentencing.

Can I get my licence back early after a disqualification?

The Road Transport (Driver Licensing) Act 1999 (ACT) provides limited circumstances for early licence reinstatement, including applications after a portion of the disqualification has been served. The criteria are strict and applications must be carefully prepared.

Dangerous and Reckless Driving Under ACT Law

Dangerous and reckless driving offences in the ACT are prosecuted under the Road Transport (Safety and Traffic Management) Act 1999 (ACT) and the Crimes Act 1900 (ACT). Charges can range from negligent driving finalised in the ACT Magistrates Court to culpable driving causing death heard in the ACT Supreme Court. The category depends on the manner of driving, the consequences, and the driver's state of mind.

Categories of Dangerous Driving Offences

• Negligent driving (Road Transport (Safety and Traffic Management) Act 1999 (ACT)) — driving below the standard expected of a reasonable driver — penalties depend on whether harm resulted
• Furious, reckless, or dangerous driving — driving in a manner dangerous to the public — fines, licence disqualification, and possible imprisonment
• Negligent driving causing actual bodily harm — driving below the reasonable standard resulting in injury
• Negligent driving causing grievous bodily harm — driving below the reasonable standard resulting in serious injury — increased penalties
• Culpable driving causing death (Crimes Act 1900 (ACT)) — driving with substantial recklessness or negligence resulting in death — indictable offence with significant imprisonment
• Dangerous driving causing grievous bodily harm or death — driving in a manner dangerous to the public with serious consequences
• Burnout, street racing, and hoon offences — specific anti-hoon provisions including vehicle confiscation in some cases
• Using a mobile phone while driving — fines and demerit points, with increased penalties for repeat offences

What the Prosecution Must Prove

• The accused was driving the vehicle
• The manner of driving fell below the relevant standard (negligent, dangerous, reckless, or culpable)
• Where required: that the driving caused the relevant injury, death, or property damage
• The required mental element — from objective negligence to subjective recklessness depending on the charge

Defences and Mitigation

• Disputing the manner of driving, including reviewing CCTV, dashcam, and witness evidence
• Causation challenges in injury and death matters — disputing the link between the driving and the consequence
• Medical emergencies or mechanical failure
• Identification challenges where the driver is in dispute
• Sentencing mitigation including driving record, character, remorse, and rehabilitation
• Section 17 non-conviction outcomes for first-offence negligent driving matters with mitigating circumstances

Frequently Asked Questions

What is the difference between negligent driving and dangerous driving?

Negligent driving is driving below the standard of a reasonable driver — an objective test. Dangerous driving requires the driving to be objectively dangerous to the public — a higher threshold carrying greater penalties. Reckless and culpable driving sit higher again on the scale.

Will I go to jail for dangerous driving causing injury?

Imprisonment is a real possibility for dangerous driving causing grievous bodily harm or death. Even matters causing actual bodily harm can attract imprisonment for serious circumstances. Mitigation, rehabilitation, and the absence of a prior record are highly relevant to sentence.

What is culpable driving in the ACT?

Culpable driving is the most serious dangerous driving charge, prosecuted under the Crimes Act 1900 (ACT) where the driving caused death. It requires substantial negligence or recklessness. Maximum penalties are equivalent to manslaughter and matters are heard in the ACT Supreme Court.

Will I lose my licence for a mobile phone offence in the ACT?

A first mobile phone offence generally results in demerit points and a fine. Reaching the demerit point threshold triggers automatic licence suspension. Repeat offences and offences during double demerit periods attract higher penalties.

How Bail Works in the ACT

Under the Bail Act 1992, there is a general presumption in favour of bail for most offences. However, for serious offences including murder, sexual offences, and certain drug offences, the onus shifts and the accused must show cause why bail should be granted.

The court considers factors under section 22, including:

• The likelihood of the accused appearing in court
• The interests of the accused (including health, welfare, and ties to the community)
• The protection of the community and any alleged victim
• The nature and seriousness of the offence
• The strength of the prosecution case
• Whether the accused has previously failed to comply with bail conditions
• The length of time the accused is likely to remain in custody

Types of Bail Applications We Handle

• First bail applications at the ACT Magistrates Court
• Bail review applications after refusal
• Supreme Court bail applications for serious offences
• Bail variation applications to change existing conditions
• Breach of bail matters and show-cause hearings
• Bail for interstate warrants executed in the ACT

Common Bail Conditions in the ACT

If bail is granted, the court may impose conditions such as:

• Reporting to a police station at specified times
• Surrendering passports or travel documents
• Residing at a nominated address
• Curfew requirements
• Non-contact or non-association conditions
• Exclusion zones around alleged victims or witnesses
• A surety or deposit of money

What Happens If Bail Is Refused?

If bail is refused by the Magistrates Court, the accused has the right to apply for bail review in the ACT Supreme Court. This is a fresh hearing, and our lawyers prepare comprehensive bail applications with supporting evidence including character references, accommodation arrangements, employment details, and proposed bail conditions designed to address the court's concerns.

Frequently Asked Questions

Can I get bail for a serious offence in the ACT?

Yes, but for certain offences including murder and serious drug or sexual offences, you must demonstrate why detention is not justified. Our lawyers build strong applications addressing each of the court's concerns.

How quickly can you act on a bail application?

We can prepare and present bail applications on the same day in urgent matters. Contact us immediately if someone has been refused bail or arrested.

What is a bail surety?

A surety is a person who agrees to pay a specified amount if the accused fails to appear in court. The court may require a surety as a condition of bail.

Can bail conditions be changed after they are set?

Yes. If circumstances change, you can apply to the court to vary bail conditions. Our lawyers can assist with variation applications.

What happens if I breach bail conditions?

Breaching bail conditions is a criminal offence in the ACT. Police may arrest and remand the person, and the court may revoke bail. Legal representation is strongly recommended.

Sexual Offences Under ACT Law

Sexual offences in the Australian Capital Territory are prosecuted under the Crimes Act 1900 (ACT), with penalties reflecting the seriousness of the allegations. These charges carry significant consequences including imprisonment, registration on the sex offenders register, and lasting effects on employment, relationships, and reputation.

Categories of sexual offences in the ACT include:

• Sexual assault (s 54): sexual intercourse without consent — maximum 12 years imprisonment
• Aggravated sexual assault (s 55): where aggravating circumstances exist — maximum 17 years
• Sexual intercourse without consent (inflicting GBH): maximum 20 years
• Act of indecency (s 60): indecent acts without consent — maximum 5 years
• Acts of indecency with young people (ss 55A, 61): offences involving persons under 16 — penalties up to 17 years
• Sexual intercourse with a young person (s 55): consent of the young person is not a defence — up to 17 years
• Persistent sexual abuse of a child: up to 20 years imprisonment

Defences Available in the ACT

Every sexual offence charge has specific elements that the prosecution must prove beyond reasonable doubt. Common defences include:

• Consent — demonstrating that the sexual activity was consensual (subject to the ACT's affirmative consent reforms)
• Honest and reasonable belief in consent — that the accused genuinely and reasonably believed consent was given
• Identification — challenging that the accused was the person involved
• Factual disputes — contesting the complainant's account of what occurred
• Procedural challenges — police interview irregularities, failures in evidence handling, or forensic contamination

Frequently Asked Questions

Will a sexual offence charge go on my criminal record?

A conviction for a sexual offence will appear on your criminal record. If the charges are withdrawn, dismissed, or you are found not guilty, no conviction is recorded.

Can I get bail for a sexual offence in the ACT?

Bail for sexual offences is more restricted. For certain serious sexual offences, the accused must show cause why bail should be granted. Our lawyers prepare detailed bail applications addressing each consideration.

What is the sex offenders register?

Persons convicted of certain sexual offences in the ACT are placed on the Australian National Child Offender Register. Registration periods vary from 8 years to life depending on the offence and sentence.

How do the ACT's affirmative consent laws affect my case?

Under the ACT's consent reforms, a person does not consent to sexual activity if they do not say or do anything to communicate consent. The accused must have taken active steps to ascertain consent.

Can I defend a historical sexual offence charge?

Yes. Historical charges are assessed against the law as it existed at the time of the alleged offence. Delay, loss of evidence, and unreliability of memory can all form part of the defence.

Types of Commonwealth and Centrelink Fraud

Fraud against Commonwealth agencies is prosecuted under the Criminal Code Act 1995 (Cth), with penalties reflecting the amount involved and the nature of the conduct. Common charges include:

• Obtaining a financial advantage by deception (s 134.2): claiming benefits you know you are not entitled to — maximum 10 years imprisonment
• Obtaining property by deception (s 134.1): dishonestly obtaining Commonwealth funds — maximum 10 years
• General dishonesty (s 135.1): obtaining a gain or causing a loss to the Commonwealth — maximum 5 or 10 years depending on the amount
• Conspiracy to defraud the Commonwealth (s 135.4): agreeing with others to defraud a Commonwealth entity — maximum 10 years

Common Centrelink Fraud Scenarios

Many Centrelink fraud investigations in Canberra involve:

• Failure to declare a partner or change in relationship status
• Failure to declare income from employment or self-employment
• Failure to declare assets including property or savings
• Providing false information on claim forms
• Identity fraud using false or stolen identification
• Continuing to claim payments after a change of circumstances
• Dual claiming across multiple benefit types

A significant proportion of people investigated for Centrelink fraud in Canberra are APS employees whose salary was not correctly reported to Centrelink. This creates unique complications because a conviction can affect APS employment, security clearances, and access to government premises.

Defences Available

• Lack of dishonesty — genuine mistake, confusion about reporting obligations, or reliance on Centrelink advice
• No intention to deceive — the prosecution must prove dishonest intent beyond reasonable doubt
• Factual disputes about the amount — challenging the Commonwealth's calculation of the overpayment
• Duress or coercion — where another person controlled the accused's finances or Centrelink account

Frequently Asked Questions

Will I go to jail for Centrelink fraud?

Imprisonment is possible for serious cases, particularly where the overpayment exceeds $10,000 or involves deliberate and sustained deception. For smaller amounts and first offences, non-custodial outcomes including good behaviour orders, fines, and community service are common.

Can I repay the debt instead of facing charges?

Repaying the debt does not prevent prosecution, but it can be a strong mitigating factor at sentencing. Our lawyers can advise on whether a voluntary repayment arrangement could influence the outcome of your case.

How does a Centrelink fraud conviction affect my APS career?

A conviction for dishonesty may result in termination of APS employment, loss of security clearance, and difficulty obtaining future government positions. Early legal advice is critical to managing these consequences.

What is the difference between a Centrelink debt and Centrelink fraud?

A Centrelink debt is an overpayment that must be repaid. Fraud requires an element of dishonesty or deception. Many debts are raised without any suggestion of fraud. If you receive a debt notice, legal advice can clarify whether criminal prosecution is likely.

The Spent Convictions Scheme in the ACT

Under the Spent Convictions Act 2000 (ACT), certain criminal convictions can become 'spent' after a waiting period, meaning they no longer appear on standard criminal history checks. The scheme recognises that people who have served their sentence and lived law-abiding lives should not be permanently defined by past offences.

Eligibility Criteria

A conviction may become spent if:

• The conviction is for an offence punishable by imprisonment of no more than 6 months — the waiting period is 5 years (adults) or 2 years (juveniles)
• The person was not sentenced to imprisonment exceeding 6 months for the offence
• The person has not reoffended during the waiting period
• The conviction is not an excluded offence (sexual offences against children are typically excluded)

Convictions That Cannot Be Spent

Certain convictions are excluded from the scheme, including:

• Convictions where a sentence of imprisonment exceeding 6 months was imposed
• Sexual offences against children
• Offences that require registration on the sex offenders register
• Convictions in jurisdictions that do not have a reciprocal spent convictions scheme

Effect of a Spent Conviction

Once a conviction is spent:

• It does not appear on standard police checks (National Police Certificate)
• You are not required to disclose it when applying for most jobs
• It cannot be used against you in most legal proceedings
• Discrimination on the basis of a spent conviction is prohibited

However, spent convictions may still be disclosed for certain purposes, including working with children checks, AGSVA security clearances, and some professional licensing applications.

Frequently Asked Questions

How do I check if my conviction is spent?

You can request an Australian Criminal Intelligence Commission (ACIC) check through the AFP. The result will indicate whether your conviction appears or has been spent.

Can I apply to have a conviction spent early?

The ACT scheme is automatic — you do not need to apply. Once the waiting period expires and you have not reoffended, the conviction becomes spent by operation of law.

Does a spent conviction affect my security clearance?

Yes. AGSVA security vetting requires disclosure of all convictions regardless of whether they are spent. A spent conviction can still be considered in the clearance decision.

Can an employer ask about spent convictions?

In most cases, no. Asking about or discriminating on the basis of a spent conviction is prohibited under the Spent Convictions Act and the Discrimination Act 1991 (ACT).

What about convictions in other states?

Each state and territory has its own spent convictions legislation. The ACT scheme applies to ACT convictions. Interstate convictions are subject to the scheme in the jurisdiction where the conviction was recorded.

APS Code of Conduct and Criminal Charges

Under section 13 of the Public Service Act 1999 (Cth), APS employees must behave honestly, with integrity, and in compliance with Australian law. A criminal charge can trigger a Code of Conduct investigation, suspension from duties, and termination of employment.

Common scenarios we advise on include:

• APS employees charged with drink driving, drug offences, assault, or fraud
• Code of Conduct investigations running parallel to criminal proceedings
• Disclosure obligations to your agency and AGSVA
• Managing the timing of pleas and statements to protect both the criminal and employment outcomes
• Termination or demotion following criminal charges or conviction

Security Clearance Impact

For employees holding an AGSVA security clearance (Baseline, NV1, NV2, or Positive Vetting), criminal charges can result in:

• Suspension of an existing clearance pending resolution of charges
• Denial of a clearance application or upgrade
• Mandatory disclosure requirements
• Adverse assessment based on character, honesty, and reliability concerns

Even minor charges such as low-range drink driving or minor drug possession can affect a clearance if not managed properly. Our lawyers understand the AGSVA assessment framework and structure criminal defence strategies that account for the clearance implications.

Defence Contractor and Intelligence Community Considerations

Canberra's defence and intelligence sector employs thousands of contractors who hold security clearances issued by AGSVA or agency-specific vetting authorities. A criminal charge can result in immediate exclusion from secure facilities, loss of contract work, and career-ending consequences. Early legal advice is essential.

Frequently Asked Questions

Do I have to tell my employer about criminal charges?

Most APS agencies require disclosure of criminal charges under their Code of Conduct policies. Failure to disclose can itself constitute a breach. We advise on your specific disclosure obligations before you make any report.

Can I be fired for being charged with a criminal offence?

Charges alone do not automatically result in termination, but they can trigger a Code of Conduct process that may lead to termination. The outcome depends on the nature of the charge, your role, and your agency's policies.

Will a traffic offence affect my security clearance?

Serious traffic offences such as drink driving, drug driving, or dangerous driving may be relevant to your clearance assessment. Minor infringements such as speeding fines are generally not considered.

Can I get legal representation for the Code of Conduct investigation as well as the criminal matter?

Yes. We advise clients on both proceedings simultaneously, ensuring that actions taken in one do not prejudice the other.

Firearms and Weapons Offences Under ACT Law

Firearms and weapons offences in the ACT are prosecuted under the Firearms Act 1996 (ACT), the Prohibited Weapons Act 1996 (ACT), and the Criminal Code 2002 (ACT). Penalties range from fines for licence breaches to lengthy imprisonment for possessing a prohibited weapon or using a firearm in connection with a serious offence. The ACT has stricter firearms laws than most other Australian jurisdictions.

Categories of Firearms and Weapons Offences

• Unlicensed possession of a firearm (Firearms Act 1996 (ACT)) — possessing a registrable firearm without a current licence — maximum 5 years imprisonment
• Unauthorised acquisition or supply of a firearm — buying, selling, giving, or receiving outside the licensing regime — maximum penalties scale with the category of firearm
• Possession of a prohibited firearm — fully automatic firearms, military-style weapons, and other Category D and E firearms — maximum 10 years
• Possession of a prohibited weapon (Prohibited Weapons Act 1996 (ACT)) — flick knives, knuckle-dusters, batons, conducted electrical weapons, capsicum spray — maximum 5 years
• Possession of a firearm in a public place — carrying a firearm in a public place without lawful purpose — increased penalties
• Using a firearm to commit an offence — aggravated form of the underlying offence with significantly increased penalties
• Trafficking firearms — commercial supply of unauthorised firearms — serious indictable offence
• Breach of storage requirements — failure to store firearms in compliance with the Firearms Act — fines and licence consequences

Defences

• Lack of possession — the firearm or weapon was not in the accused's custody or control
• Lack of knowledge — the accused did not know the item was a firearm or prohibited weapon
• Lawful authority or excuse, including for occupational purposes or as a permitted exception
• Defective search or seizure under the Crimes Act 1900 (ACT)
• Identification challenges where multiple persons had access to the firearm

Frequently Asked Questions

What weapons are prohibited in the ACT?

The Prohibited Weapons Act 1996 (ACT) lists prohibited weapons including flick knives, knuckle-dusters, batons, slingshots, conducted electrical weapons (Tasers), capsicum spray, throwing knives, and certain martial arts weapons. Possession without a permit is a criminal offence.

Will I lose my firearms licence if charged with an unrelated offence?

Possibly. The Firearms Act 1996 (ACT) requires the Registrar to consider whether a licence holder remains a fit and proper person when criminal charges are laid. Charges involving violence, drugs, or dishonesty often trigger licence suspension or revocation. Where an FVO is in force, the licence must be cancelled.

Can I bring my interstate firearms licence to the ACT?

Interstate firearms licences are recognised for short visits but not for ACT residence. Anyone moving to the ACT must apply for an ACT firearms licence under the Firearms Act 1996 (ACT). Storage requirements and category rules must also be met.

What is the penalty for carrying capsicum spray in the ACT?

Capsicum spray is a prohibited weapon under the Prohibited Weapons Act 1996 (ACT). Possession without a permit can result in a maximum penalty of 5 years imprisonment. The same applies to conducted electrical weapons (Tasers) and similar self-defence items legal elsewhere.

Drug Supply, Trafficking and Cultivation in the ACT

While the ACT has decriminalised possession of small quantities of certain drugs for personal use, supply, trafficking, and cultivation offences remain serious criminal matters with harsh penalties.

Key offences under the Drugs of Dependence Act 1989 (ACT) and Criminal Code Act 1995 (Cth):

• Drug supply — selling, distributing, or sharing controlled substances. Penalties vary by drug type and quantity, up to 10 years imprisonment for trafficable quantities under ACT law
• Drug trafficking — supply of commercial quantities. Maximum 25 years under Commonwealth law
• Cultivation of cannabis — while personal cultivation of up to 2 plants is decriminalised in the ACT, cultivation of larger quantities or for supply remains criminal
• Manufacture of drugs — production of methamphetamine, MDMA, or other synthetic drugs. Severe penalties including up to 25 years imprisonment
• Importing or exporting controlled substances — Commonwealth offences with penalties up to life imprisonment for commercial quantities

Quantity Thresholds in the ACT

The distinction between personal use, supply, and trafficking depends on quantity thresholds set out in legislation:

• Cannabis: up to 50g or 2 plants is decriminalised for personal use. Above this is deemed supply
• Methamphetamine: any quantity above personal use thresholds can result in deemed supply charges
• MDMA: quantity thresholds apply for trafficable and commercial amounts
• Cocaine, heroin: strict quantity-based thresholds with escalating penalties

Defences

• The drugs were for personal use (below trafficable quantity thresholds)
• Lack of knowledge that the substance was present or was a controlled drug
• The accused was not involved in the supply chain
• Entrapment or improper police conduct during undercover operations
• Challenges to the weight, purity, or identification of the substance

Frequently Asked Questions

What is the difference between supply and trafficking in the ACT?

Supply involves providing drugs to another person. Trafficking relates to commercial-scale supply. The distinction is based on the quantity of drugs involved and the evidence of commercial activity.

Is growing cannabis legal in the ACT?

Personal cultivation of up to 2 cannabis plants per person (maximum 4 per household) is decriminalised. Growing more than this, or any cultivation for sale, remains a criminal offence.

Can I be charged with supply for sharing drugs?

Yes. Supplying any amount of a controlled drug to another person is an offence, even if no money changes hands.

What penalties apply for drug trafficking in the ACT?

Trafficking commercial quantities carries penalties up to 25 years imprisonment under Commonwealth law. ACT penalties for trafficable quantities range up to 10 years depending on the substance.

Robbery, Burglary and Break-and-Enter in the ACT

The Criminal Code 2002 (ACT) distinguishes between several property offences based on the circumstances of the alleged conduct:

• Robbery (s 310): stealing with violence or threat of violence — maximum 15 years imprisonment
• Aggravated robbery (s 311): robbery with a weapon, in company, or causing injury — maximum 20 years
• Burglary (s 311): entering a building with intent to commit an offence — maximum 14 years
• Aggravated burglary (s 312): burglary of a home while occupied, with a weapon, or in company — maximum 20 years
• Break and enter: forcing entry to a building or vehicle to commit theft or another offence

Defences Available

• Identification — challenging that the accused was the person involved
• Lack of intent — the accused did not intend to steal or commit an offence at the time of entry
• Claim of right — the accused honestly believed they had a right to the property
• Duress — the accused was forced to participate by threats or coercion
• Forensic challenges — DNA, fingerprints, or CCTV evidence may be challenged on reliability grounds

Frequently Asked Questions

What is the difference between robbery and burglary?

Robbery involves stealing directly from a person using force or threats. Burglary involves entering a building with the intention to commit an offence. You can be charged with burglary even if nothing was actually stolen.

Is aggravated burglary more serious than burglary?

Yes. Aggravated burglary involves additional factors such as the presence of occupants, use of a weapon, or acting in company. It carries a maximum of 20 years imprisonment compared to 14 for standard burglary.

Can I be charged with burglary if I did not steal anything?

Yes. The offence of burglary is complete upon entering a building with intent to commit an offence. No theft needs to actually occur.

Criminal Appeals in the ACT

If you have been convicted of a criminal offence or believe your sentence was too harsh, you may have grounds to appeal. The ACT's appeal system allows challenges to both conviction and sentence through several pathways:

• Appeal from Magistrates Court to Supreme Court — appeals against conviction or sentence from summary matters. Filed within 28 days of the decision
• Appeal from Supreme Court to Court of Appeal — appeals against conviction after trial by jury, or against sentence imposed by the Supreme Court
• Leave to appeal out of time — where the 28-day deadline has passed, the court may grant an extension in exceptional circumstances

Grounds for Appeal

Common grounds for criminal appeals in the ACT include:

• Error of law — the magistrate or judge made a mistake in applying the law
• Unreasonable verdict — the conviction was not supported by the evidence
• Manifest excess of sentence — the sentence imposed was disproportionate to the offence and circumstances
• Fresh evidence — new evidence has emerged that was not available at trial and could have affected the outcome
• Procedural unfairness — the accused did not receive a fair hearing

Frequently Asked Questions

How long do I have to lodge an appeal?

Generally 28 days from the date of conviction or sentence. Extensions are possible but not guaranteed.

Can I appeal if I pleaded guilty?

You can appeal against sentence even if you pleaded guilty. In limited circumstances, you may be able to withdraw a guilty plea on appeal.

Will I be in custody during the appeal?

You can apply for bail pending appeal. The court considers similar factors to a standard bail application plus the prospects of success on appeal.

What happens if my appeal succeeds?

If an appeal against conviction succeeds, the conviction is quashed. The matter may be sent back for retrial or dismissed entirely. If a sentence appeal succeeds, the court imposes a new sentence.

Cybercrime Offences Under Australian Law

Cybercrime offences are prosecuted under both ACT and Commonwealth legislation, depending on the nature of the conduct. The Criminal Code Act 1995 (Cth) contains the primary federal cybercrime offences, while the ACT Criminal Code 2002 covers territory-specific conduct.

Common cybercrime charges include:

• Unauthorised access to computer data (s 478.1 Criminal Code Cth) — accessing data on a computer without authorisation — maximum 2 years imprisonment
• Unauthorised modification of data (s 477.2) — altering, deleting, or encrypting data without permission — maximum 10 years
• Unauthorised impairment of electronic communication (s 477.3) — disrupting networks or systems — maximum 10 years
• Online harassment and cyberstalking — using electronic communications to menace, harass, or cause offence — up to 3 years under Commonwealth law
• Cyberbullying — repeated online conduct intended to intimidate, harass, or humiliate, particularly targeting young people
• Identity theft and fraud — using stolen personal information to obtain financial advantage online
• Distribution of intimate images without consent — sharing sexual images without the subject's permission — criminal offence in the ACT under the Crimes Act 1900 (ACT)
• Online fraud and scam offences — phishing, romance scams, investment fraud conducted via digital platforms

ACT-Specific Provisions

The ACT has enacted specific protections against:

• Non-consensual sharing of intimate images (revenge porn) — penalties up to 3 years imprisonment
• Online stalking and intimidation under the ACT's personal protection order framework
• Cyberbullying of young people, which can form the basis for school exclusion, PPO applications, and criminal charges

Defences

• Authorised access — the accused had permission to access the system or data
• Lack of intent — the accused did not intend to cause harm or access the data
• Factual disputes about the accused's identity as the person who used the device
• Jurisdictional challenges — cross-border cyber offences raise complex questions about which court has authority

Frequently Asked Questions

Is cyberbullying a criminal offence in the ACT?

Yes. Depending on the conduct, cyberbullying can constitute criminal harassment, stalking, intimidation, or menacing behaviour under both ACT and Commonwealth law. Penalties range from fines to imprisonment.

Can I be charged for sharing someone's intimate images?

Yes. The non-consensual sharing of intimate images is a criminal offence in the ACT with penalties up to 3 years imprisonment. This applies even if the images were originally shared consensually.

What should I do if I am being investigated for a cybercrime?

Contact a criminal lawyer immediately. Do not make any statements to police, do not delete data from your devices, and do not communicate with the alleged victim or complainant.

Stalking and Intimidation Under ACT Law

Stalking and intimidation offences in the ACT are addressed through both criminal charges and the protection order framework. Key provisions include:

• Stalking (s 35 Crimes Act 1900 ACT) — engaging in conduct directed at a person that the accused knows or ought to know would cause apprehension or fear — maximum 2 years imprisonment, or 5 years for aggravated stalking
• Threats to kill (s 30 Crimes Act 1900 ACT) — making a threat to kill another person with intent that they fear the threat will be carried out — maximum 10 years imprisonment
• Threats to inflict grievous bodily harm — maximum 5 years imprisonment
• Intimidation — conduct intended to cause fear for safety, including online threats, following, surveillance, or unwanted contact
• Using a carriage service to menace, harass, or cause offence (s 474.17 Criminal Code Cth) — covers phone calls, text messages, emails, and social media — maximum 3 years

Stalking Conduct in the ACT

Under ACT law, stalking conduct includes:

• Following the victim or loitering near their home, workplace, or school
• Contacting the victim by phone, text, email, or social media
• Sending unwanted gifts or letters
• Interfering with property belonging to the victim
• Keeping the victim under surveillance
• Acting in a way that could reasonably be expected to cause apprehension or fear

Defences

• The conduct was lawful and reasonable in the circumstances (e.g. legitimate work activity, media reporting)
• The accused did not know and could not reasonably have known that the conduct would cause fear
• The conduct did not meet the threshold of persistence or pattern required for stalking
• Factual disputes about what occurred or the identity of the person responsible

Frequently Asked Questions

What is the difference between stalking and harassment?

Stalking typically involves a pattern of repeated conduct directed at a specific person that causes fear. Harassment may involve a single incident or repeated conduct that is unwanted and distressing. Both can be criminal offences in the ACT.

Can I be charged with stalking for sending text messages?

Yes. Repeated unwanted communications, including text messages, emails, and social media messages, can constitute stalking if they cause the recipient to fear for their safety.

What is a threat to kill?

A threat to kill is a specific criminal offence carrying up to 10 years imprisonment. The prosecution must prove the accused made the threat and intended the victim to fear it would be carried out. The threat does not need to be made face-to-face.

Shoplifting and Retail Theft in the ACT

Shoplifting is prosecuted as theft under the Criminal Code 2002 (ACT). While often viewed as a minor offence, the consequences of a conviction can be significant — particularly for young people, APS employees, and anyone requiring a criminal record check for employment.

Penalties depend on the value of the goods and the circumstances:

• Theft (s 308 Criminal Code ACT) — dishonestly appropriating property belonging to another — maximum 10 years imprisonment
• Theft of property valued under $1,000 — typically dealt with summarily in the Magistrates Court with penalties including fines, good behaviour orders, or community service
• Organised retail theft — theft in company, theft to order, or theft as part of a pattern of offending — treated more seriously with higher penalties
• Receiving stolen goods — knowingly purchasing or possessing goods that have been stolen — maximum 10 years

Defences

• Lack of intent — the accused did not intend to permanently deprive the owner of the goods (e.g. absent-mindedly leaving a store)
• Claim of right — the accused honestly believed they had a right to the property
• Mistaken identity — the accused was not the person captured on CCTV or identified by security
• Mental health or cognitive impairment — conditions affecting the accused's awareness or intent at the time

Diversion and Non-Conviction Outcomes

For first-time shoplifting offences in Canberra, the court has several options that can result in no criminal conviction being recorded:

• Section 17 dismissal — the court finds the offence proven but dismisses the charge without recording a conviction
• Good behaviour order — conditional discharge with a period of good behaviour
• Restorative justice — the ACT's restorative justice program allows eligible offenders to participate in facilitated conferences with the victim as an alternative to prosecution

Frequently Asked Questions

Will I get a criminal record for shoplifting in the ACT?

A first-time shoplifting offence for low-value goods may result in no conviction if your lawyer successfully advocates for a section 17 dismissal or good behaviour order. Legal representation significantly improves the chances of avoiding a conviction.

Can I be banned from a shopping centre after a shoplifting charge?

Yes. Shopping centres can issue trespass notices independently of any criminal proceedings. Breaching a trespass notice is a separate offence.

I was caught shoplifting but the store did not call police. Can I still be charged?

Yes. Stores may report the matter to police later, and charges can be laid based on CCTV evidence and witness statements.

My child was caught shoplifting. What happens?

Young people in the ACT are dealt with under the Children and Young People Act 2008. The emphasis is on diversion, restorative justice, and rehabilitation. A criminal conviction is a last resort for young offenders.

Sentencing Options in the ACT

When a person is convicted of or pleads guilty to a criminal offence in the ACT, the court has a range of sentencing options under the Crimes (Sentencing) Act 2005 (ACT). Understanding these options is critical to preparing effective sentencing submissions.

Available Sentencing Orders

• Section 17 dismissal — the court finds the offence proven but dismisses the charge without recording a conviction. No penalty is imposed. This is the best possible outcome short of acquittal
• Good behaviour order (GBO) — a conditional discharge requiring the offender to be of good behaviour for a specified period (up to 3 years). Breach can result in resentencing
• Fine — a monetary penalty. The court considers the offender's financial circumstances
• Community service order — unpaid work in the community for a specified number of hours
• Intensive correction order (ICO) — a sentence of imprisonment served in the community under strict supervision. Conditions may include curfew, community service, drug testing, and program attendance
• Suspended sentence — a term of imprisonment that is suspended for a specified period. The offender serves the sentence only if they breach the conditions during the operational period
• Imprisonment — full-time custody. The court sets a non-parole period after which the offender may apply for release on parole

Factors the Court Considers

Under section 33 of the Crimes (Sentencing) Act 2005, the court must consider:

• The nature and circumstances of the offence
• The degree of the offender's culpability
• Any injury, loss, or damage resulting from the offence
• The offender's character, age, and physical and mental condition
• The offender's antecedents (criminal history)
• The prospects of rehabilitation
• Deterrence (both specific and general)
• The need to protect the community
• Any remorse shown by the offender
• Cooperation with law enforcement

Intensive Correction Orders (ICOs)

ICOs are a sentencing option for offences that would otherwise attract imprisonment of up to 2 years. They allow the offender to serve the sentence in the community under conditions such as:

• Regular reporting to Community Corrections
• Curfew (typically 9pm to 6am)
• Community service (up to 750 hours)
• Participation in rehabilitation programs (drug/alcohol, anger management, etc.)
• Electronic monitoring

Frequently Asked Questions

Can I avoid a criminal record if I plead guilty?

Yes. If the court grants a section 17 dismissal or conditional discharge, no conviction is recorded despite the guilty finding. This is possible for first offences and less serious matters.

What is the difference between a suspended sentence and an ICO?

A suspended sentence is a prison term that is not activated unless the offender breaches conditions. An ICO is an active community-based sentence with strict supervision, reporting, and program requirements.

Can a lawyer help reduce my sentence?

Yes. Sentencing submissions from an experienced criminal lawyer can make a significant difference. We present character references, evidence of rehabilitation, medical reports, and legal submissions on the appropriate sentencing range.

Youth Criminal Justice in the ACT

The Children and Young People Act 2008 (ACT) establishes a separate criminal justice framework for young people aged 10 to 17. The ACT system prioritises diversion, rehabilitation, and keeping young people out of the adult criminal justice system wherever possible.

Key Principles of Youth Justice in the ACT

• Detention is a last resort — the court must be satisfied that no other sentencing option is appropriate before ordering detention
• Best interests of the child — all decisions must consider the young person's wellbeing, development, and future prospects
• Diversion first — police and prosecutors are required to consider diversion before proceeding with charges
• Rehabilitation over punishment — sentencing focuses on addressing the underlying causes of offending
• Minimum intervention — the response should be proportionate to the seriousness of the offence

Diversion Options for Young People

• Police caution — a formal warning issued by police without court proceedings
• Restorative justice conference — facilitated meeting between the young person, their family, and the victim to address the harm and agree on outcomes
• Drug and alcohol diversion — referral to treatment programs instead of prosecution for drug-related offences
• Circle sentencing — community-based sentencing involving Aboriginal and Torres Strait Islander Elders for Indigenous young people

ACT Children's Court

Young people charged with criminal offences in the ACT appear before the ACT Children's Court, which sits within the Magistrates Court. Proceedings are closed to the public, and there are strict restrictions on identifying young offenders. The Children's Court has the same sentencing options as the adult Magistrates Court, with additional youth-specific orders.

Frequently Asked Questions

At what age can a child be charged with a crime in the ACT?

The minimum age of criminal responsibility in the ACT is 10 years. Children under 14 are presumed incapable of criminal intent unless the prosecution can rebut this presumption.

Will my child get a criminal record?

Many youth matters are resolved through diversion (cautions, restorative justice) without a criminal record. Even where a court finding is made, youth convictions are treated differently from adult convictions and may become spent more quickly.

Can my child be detained?

Detention is a last resort under ACT law. The court must consider all other options before ordering detention. Young people are detained at the Bimberi Youth Justice Centre in Canberra.

Should I get a lawyer for my child?

Yes. Legal representation significantly improves the chances of diversion, non-conviction outcomes, and appropriate sentencing. Our team has specific experience with the ACT Children's Court.

Trespass Offences in the ACT

Trespass in the ACT is governed by the Trespass on Territory Land Act 1932 (ACT) and provisions within the Criminal Code 2002 (ACT).

Common trespass charges include:

• Trespass on Territory land — entering or remaining on government land without authorisation
• Trespass on premises — entering or remaining on private property after being asked to leave or where entry is prohibited
• Trespass with intent to commit an offence — entering property with the intention of committing theft, damage, or another criminal act. This overlaps with burglary and attracts higher penalties
• Breach of a trespass notice — returning to premises after being served with a formal trespass notice (common for shopping centres, licensed venues, and government buildings in Canberra)

Penalties

Simple trespass in the ACT carries maximum penalties of 10 penalty units (approximately $1,600) or 6 months imprisonment. Trespass with intent to commit an offence can attract penalties equivalent to the underlying offence (e.g. burglary at 14 years). Breach of a trespass notice is a separate offence that can compound existing charges.

Defences

• Lawful authority or excuse to be on the premises
• Honest and reasonable mistake about whether the property was private or access was restricted
• The accused was not given a clear direction to leave
• The trespass notice was not properly served

Frequently Asked Questions

Can I be charged with trespass for entering a shop?

Shops are generally open to the public during trading hours. Trespass arises if you have been specifically excluded by a trespass notice, banned, or enter outside of permitted hours.

What is a trespass notice in the ACT?

A formal written notice prohibiting a person from entering or remaining on specified premises. Trespass notices are commonly issued by shopping centres, pubs, clubs, and government agencies in Canberra.

Is trespass a criminal offence or a civil matter?

Both. Trespass can be prosecuted as a criminal offence (with fines or imprisonment) and can also form the basis of a civil claim for damages by the property owner.

What is Restorative Justice?

Restorative justice is an alternative to traditional court proceedings. Under the Crimes (Restorative Justice) Act 2004 (ACT), eligible offenders can participate in facilitated conferences with victims to acknowledge harm, take responsibility, and agree on actions to repair the damage.

Who is Eligible?

Restorative justice in the ACT is available for:

• Young people (10–17 years) and adults
• Most criminal offences (some serious violent and sexual offences are excluded)
• Offences where the victim consents to participate
• Matters at any stage of the criminal justice process — before charges, after charge, after conviction, or as part of sentencing

How It Works

• Referral by police, prosecutors, defence lawyers, or the court
• A trained convenor facilitates a conference between the offender, victim, and support persons
• The offender acknowledges their conduct and its impact
• The parties agree on an outcome — which may include an apology, restitution, community service, or behaviour commitments
• Successful completion can result in charges being withdrawn, reduced, or considered favourably at sentencing

Benefits of Restorative Justice

• May result in charges being withdrawn or no conviction recorded
• Faster resolution than court proceedings
• Gives the victim a direct voice in the outcome
• Addresses the underlying causes of the offending behaviour
• Particularly beneficial for young people, first-time offenders, and APS employees seeking to minimise career impact

Frequently Asked Questions

Can restorative justice replace going to court?

In some cases, yes. If restorative justice is completed successfully at the pre-charge or pre-court stage, the police or prosecution may decide to withdraw the charges entirely.

Does the victim have to agree?

Yes. Restorative justice is voluntary for both parties. The victim must consent to participate.

Will it appear on my criminal record?

If charges are withdrawn following successful restorative justice, no conviction is recorded. If restorative justice occurs after conviction, it may influence the sentence but the conviction remains.

What Happens at a Police Interview?

If you are contacted by ACT Policing or the Australian Federal Police for an interview, understanding your rights is essential. The interview may be voluntary (you attend by agreement) or compulsory (following arrest). Either way, what you say can and will be used in evidence against you.

Your Rights During a Police Interview in the ACT

• Right to silence — you are not required to answer questions beyond providing your name and address. This is a fundamental legal right in the ACT
• Right to a lawyer — you can request a lawyer before and during the interview. Police must allow you a reasonable opportunity to obtain legal advice
• Right to an interpreter — if English is not your first language
• Right to have a support person present — particularly for young people and vulnerable persons
• Right to know the allegations — police must tell you why you are being interviewed and what offence is being investigated

When to Exercise Your Right to Silence

In most criminal matters, our strong recommendation is to exercise your right to silence until you have received legal advice. Common scenarios where this is critical:

• Police attend your home or workplace and ask you to "come in for a chat"
• You receive a phone call from detectives asking to discuss a matter
• You are arrested and taken to the watch house
• You are approached by the AFP about Commonwealth offences (fraud, drug importation, etc.)

Making admissions or providing an account during a police interview without legal advice can severely damage your defence, even if you believe you are innocent. Police are trained interviewers, and casual or well-intentioned statements can be interpreted differently in a courtroom.

Frequently Asked Questions

Do I have to go to a police interview?

If you have been arrested, you will be taken to the police station and the interview will occur there. If the interview is "voluntary," you can decline to attend or leave at any time. If police have issued a summons, you must attend court but are still not required to answer questions.

Can I have my lawyer present during the interview?

Yes. You have the right to have a lawyer present during any police interview. If you cannot afford a lawyer, you should request one through Legal Aid ACT or contact us for an initial consultation.

What if I already spoke to police without a lawyer?

Contact a criminal lawyer as soon as possible. We can assess what was said, advise on whether the interview was properly conducted, and develop a defence strategy that accounts for any statements made.

Are police interviews recorded?

Yes. In the ACT, police interviews for indictable offences must be electronically recorded. This recording can be used as evidence in court.