Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 47C

  (1)   A person (the first person ) commits an offence if:

  (a)   the first person is:

  (i)   an officer of a prison, lock - up or other place of criminal detention; or

  (ii)   a constable; or

  (iii)   a Commonwealth officer; and

  (b)   the first person is charged for the time being with the criminal detention of another person (the prisoner ); and

  (c)   the first person intentionally or negligently permits the prisoner to escape from the detention; and

  (d)   the detention is lawful federal criminal detention.

Penalty:   Imprisonment for 5 years.

  (2)   Absolute liability applies to the paragraph   (1)(d) element of the offence.

Note:   For absolute liability, see section   6.2 of the Criminal Code .