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The death penalty does not apply to any offence within the Commonwealth of Australia and the Death Penalty Abolition Act 1973 which states: "A person is not liable to the punishment of death for any offence" is the legal justification for that.

Capital punishment was last used in Australia in 1967, when Ronald Ryan was hanged in Victoria, he was the last of 114 people executed in the 20th century and previous to his execution Queensland and New South Wales had already abolished the death penalty for murder. It was removed as a punishment for murder in all states by 1984 when the state of Western Australia abolished the death penalty for all crimes, and the next year NSW removed death as a possible punishment for treason, piracy and arson of naval dockyards.

Between Ryan's execution and 1980, occasional death sentences were passed in Victoria, South Australia, and Western Australia, but they were commuted to life imprisonment.

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