Queensland

Criminal Code Act 1899

Current as at 19 September 2024

© State of Queensland 2024

This work is licensed under a Creative Commons Attribution 4.0 International License.

Queensland

Criminal Code Act 1899
Contents
Page
1

Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

2

Establishment of Code—schedule 1 . . . . . . . . . . . . . . . . . . . . . .

29

3

Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

4Construction of statutes, statutory rules, and other instruments .

30

5Provisions of Code exclusive with certain exceptions . . . . . . . . .

31

6

Civil remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

7

Offender may be prosecuted under Code or other statute . . . . .

32

8Contempt of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

Schedule 1

The Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

Part 1Introductory
Interpretation—application—general principles

Chapter 1

Interpretation

1

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

2

Definition of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

3

Division of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

4

Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

5Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

6Meaning of engage in penile intercourse . . . . . . . . . . . . . . . . . .

50

6A

Meaning of emergency vehicle and related matters . . . . . . . . . .

51

Chapter 2

Parties to offences

7

Principal offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

8

Offences committed in prosecution of common purpose . . . . . .

52

9Mode of execution immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

10

Accessories after the fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

10A

Interpretation of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

Chapter 3

Application of criminal law

11

Effect of changes in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

Criminal Code Act 1899
Contents
12
13

Application of Code as to offences wholly or partially committed in
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

Offences enabled, aided, procured or counselled by persons out ofQueensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

14

Offences procured in Queensland to be committed out of Queensland
56

15

Defence Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

16

Person not to be twice punished for same offence . . . . . . . . . . .

56

17Former conviction or acquittal . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

Chapter 4

Royal prerogative of mercy

18

Royal prerogative of mercy . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5

Criminal responsibility

22

Ignorance of the law—bona fide claim of right . . . . . . . . . . . . . .

23

Intention—motive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

24

Mistake of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

25

Extraordinary emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

26

Presumption of sanity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

27

Insanity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

28

Intoxication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

29

Immature age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6130

Judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

31

Justification and excuse—compulsion . . . . . . . . . . . . . . . . . . . .

61

34

Offences by partners and members of companies with respect topartnership or corporate property . . . . . . . . . . . . . . . . . . . . . . . .

62

36

Application of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63Part 2

Offences against public order

Chapter 7

Sedition

44

Definition of seditious intention . . . . . . . . . . . . . . . . . . . . . . . . . .

57
57

63

45

Innocent intentions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

46

Definition of seditious enterprises etc. . . . . . . . . . . . . . . . . . . . . .

64

51

Unlawful drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

52

Sedition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

Chapter 7A

Serious vilification and prohibited symbols

52A

Offence of serious racial, religious, sexuality or gender identity vilification
66

52B

Circumstances of aggravation for particular offences . . . . . . . . .

67

52C

Prohibited symbols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67Page 2

Criminal Code Act 1899
Contents
52D

Display, distribution or publication of prohibited symbols . . . . . .

Chapter 8

Offences against the executive and legislative power

69

53

Evidence of proceedings in the Assembly allowed for prosecution

70

54

Interference with Governor or Ministers . . . . . . . . . . . . . . . . . . .

71

54A

Demands with menaces upon agencies of government . . . . . . .

71

55Interference with the Legislature . . . . . . . . . . . . . . . . . . . . . . . . .

73

56

Disturbing the Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

56A

Disturbance in House when Parliament not sitting . . . . . . . . . . .

74

56B

Going armed to Parliament House . . . . . . . . . . . . . . . . . . . . . . .

75

57

False evidence before Parliament . . . . . . . . . . . . . . . . . . . . . . . .

75

58

Witness refusing to attend, answer question or produce a thing before
Legislative Assembly or authorised committee . . . . . . . . . . . . . .
76

59

Member of Parliament receiving bribes . . . . . . . . . . . . . . . . . . . .

77

60

Bribery of member of Parliament . . . . . . . . . . . . . . . . . . . . . . . . .

77

Chapter 9

Breaches of the peace

61

Riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

69

Going armed so as to cause fear . . . . . . . . . . . . . . . . . . . . . . . .

80

70

Forcible entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

71

Forcible detainer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

72

Affray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

74

Prize fight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

75

Threatening violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

76

Recruiting person to become participant in criminal organisation

82

Chapter 9AConsorting

77

Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

77A

Meaning of consort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

77B

Habitually consorting with recognised offenders . . . . . . . . . . . . .

85

77C

Particular acts of consorting to be disregarded . . . . . . . . . . . . . .

85

Chapter 10

Offences against political liberty

78

Interfering with political liberty . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 11

Piracy79

Definition of act of piracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

80

Crime of piracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90Part 3

Offences against the administration of law and justice, against
office and against public authority

Chapter 12

Unlawfully obtaining or disclosing information

88

Page 3

Criminal Code Act 1899
Contents
85

Disclosure of official secrets . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86

Obtaining of or disclosure of secret information about the identity of
informant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91

90

Chapter 13

Corruption and abuse of office87

Official corruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

93

88

Extortion by public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94

89

Public officers interested in contracts . . . . . . . . . . . . . . . . . . . . .

94

90

Officers charged with administration of property of a special character orwith special duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95

91

False claims by officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

92

Abuse of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

92A

Misconduct in relation to public office . . . . . . . . . . . . . . . . . . . . .

96

93Corruption of surveyor and valuator . . . . . . . . . . . . . . . . . . . . . .

98

94

False certificates by public officers . . . . . . . . . . . . . . . . . . . . . . .

98

95Administering extrajudicial oaths . . . . . . . . . . . . . . . . . . . . . . . . .

99

96

False assumption of authority . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

97

Personating public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100

Chapter 14

Corrupt and improper practices at elections

Chapter division 1
98

Definitions for ch 14

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter division 2

100

Legislative Assembly elections and referendums

98A

Reference to election or referendum . . . . . . . . . . . . . . . . . . . . . .

98B

False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . .

101

98C

Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

98D

Forging or uttering electoral or referendum paper . . . . . . . . . . . .

102

98E

Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103

98F

Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . .

103

98G

Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

Chapter division 3
98H

101

Other elections

Application of ch div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

99

Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

100

Hindering or interfering with voting conduct . . . . . . . . . . . . . . . .

105

101

Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106

102

Publishing false information about a candidate . . . . . . . . . . . . . .

107

103

Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . .

107

104

Election notices to contain particular matters . . . . . . . . . . . . . . .

107

Page 4

Criminal Code Act 1899
Contents
107

Corrupt and illegal practices—time . . . . . . . . . . . . . . . . . . . . . . .

108

108

Interfering at elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

109

Electors attempting to violate secrecy of ballot . . . . . . . . . . . . . .

108

110

Stuffing ballot boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109

111

Presiding officer helping an elector with a disability . . . . . . . . . .

109

112

False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . .

109

113

Interfering with secrecy at elections . . . . . . . . . . . . . . . . . . . . . .

110

114

Breaking the seal of a parcel at elections . . . . . . . . . . . . . . . . . .

111

Chapter 15

Selling and trafficking in offices

118

Bargaining for offices in public service . . . . . . . . . . . . . . . . . . . .

Chapter 16

Offences relating to the administration of justice119

Definitions for ch 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

119A

Meaning of family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

119B

Retaliation against or intimidation of judicial officer, juror, witness etc.
113

111

120

Judicial corruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115

121

Official corruption not judicial but relating to offences . . . . . . . . .

116

122

Corruption of jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116

123

Perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117

123A

Perjury—contradictory statements . . . . . . . . . . . . . . . . . . . . . . .

118

124

Punishment of perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118

125

Evidence on charge of perjury . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

126

Fabricating evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

127

Corruption of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

128

Deceiving witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

129

Damaging evidence with intent . . . . . . . . . . . . . . . . . . . . . . . . . .

120

130

Preventing witnesses from attending . . . . . . . . . . . . . . . . . . . . .

120

131

Conspiracy to bring false accusation . . . . . . . . . . . . . . . . . . . . . .

121

132

Conspiring to defeat justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

121

133

Compounding an indictable offence . . . . . . . . . . . . . . . . . . . . . .

121

136

Justices exercising jurisdiction in a matter of personal interest . .

122

137

Delay to take person arrested before magistrate . . . . . . . . . . . .

123

139

Inserting advertisement without authority of court . . . . . . . . . . . .

123

140

Attempting to pervert justice . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123

Chapter 17

Escapes—obstructing officers of courts

141

Aiding persons to escape from lawful custody . . . . . . . . . . . . . .

124Page 5

Criminal Code Act 1899
Contents
142

Escape by persons in lawful custody . . . . . . . . . . . . . . . . . . . . .

124

143

Permitting escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

144

Harbouring escaped prisoners etc. . . . . . . . . . . . . . . . . . . . . . . .

125

145A

Sections 141 to 144 do not apply to certain types of custody . . .

125

145B

Evidence of lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125

147

Removing etc. property under lawful seizure . . . . . . . . . . . . . . .

125

148

Obstructing officers of courts of justice . . . . . . . . . . . . . . . . . . . .

126

Chapter 20

Miscellaneous offences against public authority

193

False verified statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126

194

False declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126

195

Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

195A

Contradictory statements—false statements or declarations . . .

127

199

Resisting public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

200

Refusal by public officer to perform duty . . . . . . . . . . . . . . . . . . .

128

204

Disobedience to statute law . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128

205

Disobedience to lawful order issued by statutory authority . . . . .

128

205A

Contravening order about device information from digital device

128Part 4

Acts injurious to the public in general

Chapter 21

Offences relating to religious worship

206

Offering violence to officiating ministers of religion . . . . . . . . . . .

129

207

Disturbing religious worship . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130

Chapter 22

Offences against morality

207A

Definitions for this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130

210

Indecent treatment of children under 16 . . . . . . . . . . . . . . . . . . .

135

211

Bestiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137

213

Owner etc. permitting abuse of children on premises . . . . . . . . .

137

215

Engaging in penile intercourse with child under 16 . . . . . . . . . . .

138

216

Abuse of persons with an impairment of the mind . . . . . . . . . . .

139

217

Procuring young person etc. for penile intercourse . . . . . . . . . . .

141

217A

Obtaining commercial sexual services from person who is not an adult
141

217B

Allowing person who is not an adult to take part in commercial sexual
services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142

217C

Conduct relating to provision of commercial sexual services by person
who is not an adult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
143

218

Procuring sexual acts by coercion etc. . . . . . . . . . . . . . . . . . . . .

143

218A

Using internet etc. to procure children under 16 . . . . . . . . . . . . .

145

Page 6

Criminal Code Act 1899
Contents
218B

Grooming child under 16 years or parent or carer of child under 16 years
147

219

Taking child for immoral purposes . . . . . . . . . . . . . . . . . . . . . . .

221

Conspiracy to defile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

222

Incest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

223

Distributing intimate images . . . . . . . . . . . . . . . . . . . . . . . . . . . .

152

227

Indecent acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153

227A

Observations or recordings in breach of privacy . . . . . . . . . . . . .

153

227B

Distributing prohibited visual recordings . . . . . . . . . . . . . . . . . . .

155

227C

Persons who are not criminally responsible for offences against ss 223,
227A and 227B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
155

228

Obscene publications and exhibitions . . . . . . . . . . . . . . . . . . . . .

156

228A

Involving child in making child exploitation material . . . . . . . . . .

158

228B

Making child exploitation material . . . . . . . . . . . . . . . . . . . . . . . .

158

149

228C

Distributing child exploitation material . . . . . . . . . . . . . . . . . . . . .

159

228D

Possessing child exploitation material . . . . . . . . . . . . . . . . . . . . .

160

228DA

Administering child exploitation material website . . . . . . . . . . . .

160

228DB

Encouraging use of child exploitation material website . . . . . . . .

161

228DC

Distributing information about avoiding detection . . . . . . . . . . . .

162

228E

Defences for ss 228A–228DC . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

228F

Excluding non-essential persons from court when child exploitationmaterial displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
164

228G

Forfeiture of child abuse objects, child exploitation material etc.

228H

Possession etc. of child abuse objects or child exploitation material by
law enforcement officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
166

228I

Producing or supplying child abuse object . . . . . . . . . . . . . . . . .

167

228J

Possessing child abuse object . . . . . . . . . . . . . . . . . . . . . . . . . .

168

228K

Defence for ss 228I and 228J . . . . . . . . . . . . . . . . . . . . . . . . . . .

168

165

229

Knowledge of age immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . .

169

229A

Threats to distribute intimate image or prohibited visual recording

169

229AA

Rectification order—offence against s 223, 227A, 227B or 229A

170

229B

Repeated sexual conduct with a child . . . . . . . . . . . . . . . . . . . . .

171

229BB

Failure to protect child from child sexual offence . . . . . . . . . . . .

173

229BC

Failure to report belief of child sexual offence committed in relation tochild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175

Chapter 23

Nuisances—misconduct relating to corpses

230A

Definitions for ch 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

176
Page 7

Criminal Code Act 1899
Contents
230

Common nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

178

232

Operating a place for unlawful games . . . . . . . . . . . . . . . . . . . . .

178

233

Possession of thing used to play an unlawful game . . . . . . . . . .

179

234

Conducting or playing unlawful games . . . . . . . . . . . . . . . . . . . .

179

236

Misconduct with regard to corpses . . . . . . . . . . . . . . . . . . . . . . .

179

Chapter 24

Offences against public health238

Contamination of goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

180

239

Hoax contamination of goods . . . . . . . . . . . . . . . . . . . . . . . . . . .

181

240

Dealing in contaminated goods . . . . . . . . . . . . . . . . . . . . . . . . . .

181

241

Definitions for ch 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

182

Chapter 25

Cruelty to animals

242

Serious animal cruelty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5

Offences against the person and relating to marriage and parental
rights and duties

Chapter 26

Assaults and violence to the person generally—justification andexcuse245

Definition of assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

183

246

Assaults unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

184

247

Execution of sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

184

248

Execution of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

184

249

Execution of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

184

250

Erroneous sentence or process or warrant . . . . . . . . . . . . . . . . .

185

182

251

Sentence or process or warrant without jurisdiction . . . . . . . . . .

185

252

Arrest of wrong person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

185

253

Irregular process or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186

254

Force used in executing process or in arrest . . . . . . . . . . . . . . .

186

255

Duty of persons arresting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186

257

Other cases of preventing escape from arrest . . . . . . . . . . . . . .

187

258

Preventing escape or rescue after arrest . . . . . . . . . . . . . . . . . .

187

260

Preventing a breach of the peace . . . . . . . . . . . . . . . . . . . . . . . .

187

261

Suppression of riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

188

262

Suppression of riot by magistrates . . . . . . . . . . . . . . . . . . . . . . .

188

263

Suppression of riot by person acting under lawful orders . . . . . .

188

264

Suppression of riot by person acting without order in case of emergency
188

265

Riot—persons subject to military law . . . . . . . . . . . . . . . . . . . . .

266

Prevention of crimes and offences for which an offender may be arrested

Page 8189

Criminal Code Act 1899
Contents
without warrant—prevention of violence by particular persons . .

189

267

Defence of dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

189

268

Provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

190

269

Defence of provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

190

270

Prevention of repetition of insult . . . . . . . . . . . . . . . . . . . . . . . . .

191

271

Self-defence against unprovoked assault . . . . . . . . . . . . . . . . . .

191

272

Self-defence against provoked assault . . . . . . . . . . . . . . . . . . . .

192

273

Aiding in self-defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

192

274

Defence of moveable property against trespassers . . . . . . . . . .

192

275

Defence of moveable property with claim of right . . . . . . . . . . . .

193

276

Defence of moveable property without claim of right . . . . . . . . .

193

277

Defence of premises against trespassers—removal of disorderly
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

193

278

Defence of possession of real property or vessel with claim of right 194

279

Exercise of right of way or easement . . . . . . . . . . . . . . . . . . . . .

194

280

Domestic discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

195

281

Discipline of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

195

282

Surgical operations and medical treatment . . . . . . . . . . . . . . . . .

195

282A

Palliative care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

196

283

Excessive force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

197

284

Consent to death immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . . .

198

Chapter 27

Duties relating to the preservation of human life

285

Duty to provide necessaries . . . . . . . . . . . . . . . . . . . . . . . . . . . .

198

286

Duty of person who has care of child . . . . . . . . . . . . . . . . . . . . .

198

288

Duty of persons doing dangerous acts . . . . . . . . . . . . . . . . . . . .

199

289

Duty of persons in charge of dangerous things . . . . . . . . . . . . . .

199

290

Duty to do certain acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

200

Chapter 28

Homicide—suicide— concealment of birth291

Killing of a human being unlawful . . . . . . . . . . . . . . . . . . . . . . . .

200

292

When a child becomes a human being . . . . . . . . . . . . . . . . . . . .

200

293

Definition of killing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

200

294

Death by acts done at childbirth . . . . . . . . . . . . . . . . . . . . . . . . .

200

295

Causing death by threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

201

296

Acceleration of death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

201

297

When injury or death might be prevented by proper precaution .

201

298

Injuries causing death in consequence of subsequent treatment

201
Page 9Criminal Code Act 1899
Contents
300

Unlawful homicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

202

302

Definition of murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

202

303

Definition of manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

203

304

Killing on provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

203

304A

Diminished responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

205

304B

Killing for preservation in an abusive domestic relationship . . . .

206

305

Punishment of murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

207

306

Attempt to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

208

307

Accessory after the fact to murder . . . . . . . . . . . . . . . . . . . . . . .

208

308

Threats to murder in document . . . . . . . . . . . . . . . . . . . . . . . . . .

209

309

Conspiring to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

209

310

Punishment of manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210

311

Aiding suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210

313

Killing unborn child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210

314

Concealing the birth of children . . . . . . . . . . . . . . . . . . . . . . . . . .

211

Chapter 28A

Unlawful striking causing death

314A

Unlawful striking causing death . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 29

Offences endangering life or health315

Disabling in order to commit indictable offence . . . . . . . . . . . . . .

213

315A

Choking, suffocation or strangulation in a domestic setting . . . .

213

316

Stupefying in order to commit indictable offence . . . . . . . . . . . . .

214

316A

Unlawful drink spiking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

214

317

Acts intended to cause grievous bodily harm and other malicious acts
216

317A

Carrying or sending dangerous goods in a vehicle . . . . . . . . . . .

217

318

Obstructing rescue or escape from unsafe premises . . . . . . . . .

218

319

Endangering the safety of a person in a vehicle with intent . . . .

219

319A

Termination of pregnancy performed by unqualified person . . . .

219

320

Grievous bodily harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

222

320A

Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

222

321

Attempting to injure by explosive or noxious substances . . . . . .

223

321A

Bomb hoaxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

223

322

Administering poison with intent to harm . . . . . . . . . . . . . . . . . . .

224

323

Wounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

224

323A

Female genital mutilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

225

323B

Removal of child from State for female genital mutilation . . . . . .

226

Page 10211

Criminal Code Act 1899
Contents
324

Failure to supply necessaries . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

326

Endangering life of children by exposure . . . . . . . . . . . . . . . . . .

227

327

Setting mantraps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

227

328

Negligent acts causing harm . . . . . . . . . . . . . . . . . . . . . . . . . . . .

227

328A

Dangerous operation of a vehicle . . . . . . . . . . . . . . . . . . . . . . . .

228

328B

Additional power to convict for dangerous operation of a vehicle

231

328C

Damaging emergency vehicle when operating motor vehicle . . .

231

328D

Endangering police officer when driving motor vehicle . . . . . . . .

232

329

Endangering safety of persons travelling by railway . . . . . . . . . .

232

330

Sending or taking unseaworthy ships to sea . . . . . . . . . . . . . . . .

232

333

Evading laws as to equipment of ships . . . . . . . . . . . . . . . . . . . .

233

334

Landing explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

233

Chapter 30

Assaults

335

Common assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

234

338A

Assaults of member of crew on aircraft . . . . . . . . . . . . . . . . . . . .

235

339

Assaults occasioning bodily harm . . . . . . . . . . . . . . . . . . . . . . . .

235

340

Serious assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

236

346

Assaults in interference with freedom of trade or work . . . . . . . .

239

Chapter 32

Rape and sexual assaults

347

Definitions for ch 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

240

348

Meaning of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

240

348A

Mistake of fact in relation to consent . . . . . . . . . . . . . . . . . . . . . .

241

349

Rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

241

350

Attempt to commit rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

242

351

Assault with intent to commit rape . . . . . . . . . . . . . . . . . . . . . . . .

242

352

Sexual assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

243

Chapter 33

Offences against liberty

354

Kidnapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

244

354A

Kidnapping for ransom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

244

355

Deprivation of liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

245

356

False certificates by officers charged with duties relating to liberty

246

357

Concealment of matters affecting liberty . . . . . . . . . . . . . . . . . . .

246

358

Unlawful custody of particular persons . . . . . . . . . . . . . . . . . . . .

247

359

Threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

247

Chapter 33A

Unlawful stalking, intimidation, harassment or abuse

359A

Definitions for ch 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

248

Page 11

Criminal Code Act 1899
Contents
359B

What is unlawful stalking, intimidation, harassment or abuse . . .

359CWhat is immaterial for unlawful stalking, intimidation, harassment orabuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
251

250

359D

Particular conduct that is not unlawful stalking, intimidation, harassment
or abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
252

359E

Punishment of unlawful stalking, intimidation, harassment or abuse 253

359F

Court may restrain unlawful stalking, intimidation, harassment or abuse
254

Chapter 34

Offences relating to marriage and parental rights and duties

360

Bigamy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

256

361

Unlawful celebration of marriage . . . . . . . . . . . . . . . . . . . . . . . . .

257

362

Unqualified persons procuring registration as persons qualified tocelebrate marriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

258

363

Child-stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

258

363A

Abduction of child under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

259

364

Cruelty to children under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . .

259

364A

Leaving a child under 12 unattended . . . . . . . . . . . . . . . . . . . . .

260

Chapter 35

Criminal defamation

365

Criminal defamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 35A

Circumstance of aggravation for particular offences

365A

Application of ch 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

262

365B

Application of defences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

263

365C

Proof of being adversely affected by an intoxicating substance .

264

Part 6

Offences relating to property and contracts

Division 1

Stealing and like offences

Chapter 36

Stealing

390

Things capable of being stolen . . . . . . . . . . . . . . . . . . . . . . . . . .

265

391

Definition of stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

392

Special cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

268

393

Funds etc. held under direction . . . . . . . . . . . . . . . . . . . . . . . . . .

268

394

Funds etc. received by agents for sale . . . . . . . . . . . . . . . . . . . .

269

395

Money received for another . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

269

396

Stealing by persons having an interest in the thing stolen . . . . .

270

398

Punishment of stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270

Chapter 37

Offences analogous to stealing

399

Fraudulent concealment of particular documents . . . . . . . . . . . .

275

403

Severing with intent to steal . . . . . . . . . . . . . . . . . . . . . . . . . . . .

275

Page 12260

Criminal Code Act 1899
Contents
406

Bringing stolen goods into Queensland . . . . . . . . . . . . . . . . . . . .

275

408A

Unlawful use or possession of motor vehicles, aircraft or vessels

276

408C

Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

278

408D

Obtaining or dealing with identification information . . . . . . . . . . .

281

408E

Misuse of restricted computer . . . . . . . . . . . . . . . . . . . . . . . . . . .

283

Chapter 38

Stealing with violence—extortion by threats

409

Definition of robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

285

411

Punishment of robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

285

412

Attempted robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

285

413

Assault with intent to steal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

286

414

Demanding property with menaces with intent to steal . . . . . . . .

286

415

Extortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

287

417A

Taking control of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

288

Chapter 39

Burglary—housebreaking—and like offences

418

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

289

419

Burglary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

290

421

Entering or being in premises and committing indictable offences

291

425

Possession of things used in connection with unlawful entry . . .

291

427

Unlawful entry of vehicle for committing indictable offence . . . . .

292

Chapter 40

Other fraudulent practices

427A

Obtaining property by passing valueless cheques . . . . . . . . . . .

293

430

Fraudulent falsification of records . . . . . . . . . . . . . . . . . . . . . . . .

294

431

False accounting by public officer . . . . . . . . . . . . . . . . . . . . . . . .

294

Chapter 41

Receiving property stolen or fraudulently obtained and like
offences

432

What is tainted property for ch 41 . . . . . . . . . . . . . . . . . . . . . . . .

295

433

Receiving tainted property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

295

435

Taking reward for recovery of property obtained by way of indictableoffences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
296

Chapter 42A

Secret commissions

442A

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

296

442B

Receipt or solicitation of secret commission by an agent . . . . . .

299

442BA

Gift or offer of secret commission to an agent . . . . . . . . . . . . . . .

300

442C

Secret gifts received by parent, spouse, child, partner etc. of agent 300

442D

False or misleading receipt or account . . . . . . . . . . . . . . . . . . . .

301

442E

Secret commission for advice given . . . . . . . . . . . . . . . . . . . . . .

301

Page 13Criminal Code Act 1899
Contents
442EA

Offer or solicitation of secret commission in return for advice given or to
be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
302

442F

Secret commission to trustee in return for substituted appointment 303

442G

Liability of director etc. acting without authority . . . . . . . . . . . . . .

303

442I

Penalty on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

303

442J

Court may order withdrawal of trifling or technical cases . . . . . .

304

442K

Witness giving answers criminating himself or herself . . . . . . . .

304

442L

Certificate to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

304

442M

Custom of itself no defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

305

Chapter 43

Match-fixing

443

Definitions for ch 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

443AEngaging in match-fixing conduct . . . . . . . . . . . . . . . . . . . . . . . .

306

443B

Facilitating match-fixing conduct or match-fixing arrangement . .

307

443C

Offering or giving benefit, or causing or threatening detriment, to engage
in match-fixing conduct or match-fixing arrangement . . . . . . . . .
308

443D

Using or disclosing knowledge of match-fixing conduct or match-fixing
arrangement for betting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
308

443E

Encouraging person not to disclose match-fixing conduct or match-fixing
arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
309

443F

Using or disclosing inside knowledge for betting . . . . . . . . . . . . .

310

443G

Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

312

Chapter 44

Offences analogous to stealing relating to animals

Chapter division 1

305

Offences relating to animals generally

444A

Killing animals with intent to steal . . . . . . . . . . . . . . . . . . . . . . . .

312

444B

Using registered brands with criminal intention . . . . . . . . . . . . . .

313

Chapter division 2

Offences relating to stock

445

Unlawfully using stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

313

446

Suspicion of stealing stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

314

447

Illegal branding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

315

448

Defacing brands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

315

448A

Having in possession stock with defaced brand . . . . . . . . . . . . .

315

Chapter division 3

Arrest450A

Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

316

450B

Warrant in first instance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

316

Chapter 44ASpecial provisions in respect of offences relating to stock

Chapter division 1
450D
Page 14Preliminary

Definitions for ch 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

317

Criminal Code Act 1899
Contents
Chapter division 2

Prescribed records

450E

Duty of police officer who seizes an animal connected with a charge
317

450EA

Admissibility of adequate prescribed record . . . . . . . . . . . . . . . .

Chapter division 3

318

Stock disposal orders

450EB

Application for stock disposal order . . . . . . . . . . . . . . . . . . . . . . .

319

450EC

Affidavit to accompany application . . . . . . . . . . . . . . . . . . . . . . .

320

450ED

When order may be made if party disputes making of order . . . .

320

450EE

Order if no dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

321

450EF

Content of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

321

450EG

Security for costs of keeping animal . . . . . . . . . . . . . . . . . . . . . .

322

450EH

Clear title to animal for sale under order . . . . . . . . . . . . . . . . . . .

323

Chapter division 4

Other provisions

450EI

Unavailability of animal at trial . . . . . . . . . . . . . . . . . . . . . . . . . . .

323

450EJ

Effect of defendant not objecting to animal’s return to its owner .

323

450F

Animal valuers and valuations . . . . . . . . . . . . . . . . . . . . . . . . . . .

324

450H

Licence disqualification where commission of offence facilitated bylicence or use of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
325

450I

Forfeiture in cases of conviction for offences under specified sections
326

Division 2

Injuries to property

Chapter 45

Definitions

458

Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

327

459

Acts done with intent to defraud . . . . . . . . . . . . . . . . . . . . . . . . .

328

Chapter 46

Offences461

Arson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

328

462

Endangering particular property by fire . . . . . . . . . . . . . . . . . . . .

328

463

Setting fire to vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

329

467

Endangering the safe use of vehicles and related transport infrastructure
329

468

Injuring animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

330

469

Wilful damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

330

469AA

Forfeiture of thing used to record, store or transmit image of graffiti 336

469A

Sabotage and threatening sabotage . . . . . . . . . . . . . . . . . . . . . .

337

470

Attempts to destroy property by explosives . . . . . . . . . . . . . . . . .

339

470A

Unlawful dealing with explosive or noxious substances . . . . . . .

339

471

Damaging mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

339

Page 15

Criminal Code Act 1899
Contents
472

Interfering with marine signals . . . . . . . . . . . . . . . . . . . . . . . . . . .

340

473

Interfering with navigation works . . . . . . . . . . . . . . . . . . . . . . . . .

340

474

Communicating infectious diseases to animals . . . . . . . . . . . . . .

341

475

Travelling with infected animals . . . . . . . . . . . . . . . . . . . . . . . . .

341

477

Obstructing railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

341

478

Sending letters threatening to burn or destroy . . . . . . . . . . . . . .

341

479

Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

341

Division 3

Forgery and like offences—personation

Chapter 48

Forgery in general—definitions

484

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 49

Punishment of forgery and like offences

488

Forgery and uttering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

342

498

Falsifying warrants for money payable under public authority . .

343

499

Falsification of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

344

500

Sending false certificate of marriage to registrar . . . . . . . . . . . . .

344

501

False statements for the purpose of registers of births, deaths, andmarriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
344

501A

Contradictory statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

344

502

Procuring or claiming unauthorised status . . . . . . . . . . . . . . . . .

345

Chapter 51

Preparation for forgery

510

Instruments and materials for forgery . . . . . . . . . . . . . . . . . . . . .

Chapter 52

Personation

514

Personation in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

346

515

Falsely acknowledging deeds, recognisances etc. . . . . . . . . . . .

346

Division 4

Offences connected with trade and breach of contract

Chapter 54

Other offences533

Mixing uncertified with certified articles . . . . . . . . . . . . . . . . . . . .

Part 7

Preparation to commit offences—conspiracy— accessories after
the fact

Chapter 55

Attempts and preparation to commit offences

342

345

347

535

Attempts to commit indictable offences . . . . . . . . . . . . . . . . . . . .

347

536

Punishment of attempts to commit indictable offences . . . . . . . .

348

538

Reduction of punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

348

539

Attempts to procure commission of criminal acts . . . . . . . . . . . .

348

540

Preparation to commit crimes with dangerous things . . . . . . . . .

349

Chapter 56

Conspiracy

Page 16

Criminal Code Act 1899
Contents
541

Conspiracy to commit crime . . . . . . . . . . . . . . . . . . . . . . . . . . . .

350

542

Conspiracy to commit other offences . . . . . . . . . . . . . . . . . . . . .

350

543

Other conspiracies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

350

543A

Industrial disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

351

Chapter 57

Accessories after the fact

544

Accessories after the fact to offences . . . . . . . . . . . . . . . . . . . . .

352

545

Punishment of accessories after the fact to offences . . . . . . . . .

352

Part 8Procedure

Chapter 58

Arrest

545A

Chapter does not apply to police officers . . . . . . . . . . . . . . . . . .

353

546

Arrest without warrant generally . . . . . . . . . . . . . . . . . . . . . . . . .

353

547

Arrest without warrant in special cases . . . . . . . . . . . . . . . . . . . .

354

547A

Arrest of persons found committing offences on aircraft . . . . . . .

354

548

Arrest of persons found committing offences . . . . . . . . . . . . . . .

354

549

Arrest of offender committing indictable offences by night . . . . .

355

550

Arrest during flight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

355

551

Arrest of persons offering stolen property for sale etc. . . . . . . . .

355

552

Duty of persons arresting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

355

Chapter 58A

Indictable offences dealt with summarily

552A

Charges of indictable offences that must be heard and decided
summarily on prosecution election . . . . . . . . . . . . . . . . . . . . . . .

356

552B

Charges of indictable offences that must be heard and decided
summarily unless defendant elects for jury trial . . . . . . . . . . . . .

357

552BA

Charges of indictable offences that must be heard and decided
summarily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

359

552BB

Excluded offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

359

552C

Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . .

367

552D

When Magistrates Court must abstain from jurisdiction . . . . . . .

368

552E

Charge may be heard and decided where defendant arrested or served
369

552F

Time for prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

552GValue of property affecting jurisdiction to be decided by Magistrates
Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
369

552H

Maximum penalty for indictable offences dealt with summarily . .

370

552I

Procedure under s 552B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

370

552J

Appeals against decision to decide charge summarily . . . . . . . .

371

Chapter 59

Jurisdiction—preliminary proceedings—bail369

Page 17

Criminal Code Act 1899
Contents
553

Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

372

554

Preliminary proceedings on charges of indictable offences . . . .

372

557

Place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

372

558

Persons brought before wrong court . . . . . . . . . . . . . . . . . . . . . .

373

559

Change of place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

374

Chapter 60

Indictments

559A

Definition for ch 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

375

560

Presenting indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

375

560A

Place where indictment is presented . . . . . . . . . . . . . . . . . . . . . .

376

561

Ex officio indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

377

562

Arrest of person charged in ex officio indictment . . . . . . . . . . . .

377

563

Nolle prosequi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

377

564

Form of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

378

565

General rules applicable to indictments . . . . . . . . . . . . . . . . . . .

379

566

Particular indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

380

567

Joinder of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

382

568

Cases in which several charges may be joined . . . . . . . . . . . . .

383

569

Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

387

570

Statement of previous conviction . . . . . . . . . . . . . . . . . . . . . . . .

387

571

Formal defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

388

572

Amendment of indictments . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

388

573

Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

389

574

Summary convictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

389

Chapter 61

Effect of indictment

575

Offences involving circumstances of aggravation . . . . . . . . . . . .

390

575A

Evidence at murder trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

390

576

Indictment containing count of murder or manslaughter . . . . . . .

390

577

Charge of homicide of child . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

390

578

Charge of offence of a sexual nature . . . . . . . . . . . . . . . . . . . . .

391

579

Charge of specific injury—charge of injury with specific intent . .

391

580

Charge of injury to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

392

581

Offences of dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

392

582

Charge of procuring commission of offence or wrongful act . . . .

393

583

Conviction for attempt to commit offence . . . . . . . . . . . . . . . . . .

393

584

When evidence shows offence of similar nature . . . . . . . . . . . . .

394

585

Effect of conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

395

Page 18

Criminal Code Act 1899
Contents
586

Corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

395

587

Illegal practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

395

588

Charge of stealing stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

396

588A

Charges of stealing certain animals and of killing certain animals withintent to steal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
396

589

Indictment for joint receiving . . . . . . . . . . . . . . . . . . . . . . . . . . . .

589A

Indictment for using or disclosing knowledge of match-fixing conduct ormatch-fixing arrangement for betting . . . . . . . . . . . . . . . . . . . . . .
397

Chapter 62

Trial—adjournment—pleas— practice

Chapter division 1
590

Bringing accused person to trial

Bringing accused to trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter division 2

397

398

Directions and rulings before trial

590AA

Pre-trial directions and rulings . . . . . . . . . . . . . . . . . . . . . . . . . . .

399

590AAA

Noncompliance with direction about disclosure . . . . . . . . . . . . .

400

Chapter division 3

Disclosure by the prosecution

Chapter subdivision A

Preliminary provisions

590AB

Disclosure obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

402

590AC

Chapter division does not have particular consequences . . . . . .

402

Chapter subdivision B

Interpretation

590AD

Definitions for ch div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

403

590AE

Meaning of possession of the prosecution . . . . . . . . . . . . . . . . .

406

590AF

Meaning of sensitive evidence . . . . . . . . . . . . . . . . . . . . . . . . . .

406

590AFA

Meaning of Evidence Act section 93A device statement . . . . . . .

407

590AG

Particular references to an accused person include references to alawyer acting for the accused person . . . . . . . . . . . . . . . . . . . . .
407

Chapter subdivision C

Disclosure

590AH

Disclosure that must always be made . . . . . . . . . . . . . . . . . . . . .

408

590AI

When mandatory disclosure must be made . . . . . . . . . . . . . . . .

410

590AJ

Disclosure that must be made on request . . . . . . . . . . . . . . . . . .

411

590AK

When requested disclosure must be made . . . . . . . . . . . . . . . . .

412

590AL

Ongoing obligation to disclose . . . . . . . . . . . . . . . . . . . . . . . . . .

413

590AM

How disclosure may be made . . . . . . . . . . . . . . . . . . . . . . . . . . .

413

Chapter subdivision D

Limitations on disclosure

590AN

Limit on disclosure of things accused person already has . . . . .

414

590AO

Limit on disclosure of sensitive evidence . . . . . . . . . . . . . . . . . .

414

590AOA

Evidence Act section 93A device statement . . . . . . . . . . . . . . . .

417

590AOB

Disclosure of recorded statement . . . . . . . . . . . . . . . . . . . . . . . .

421

Page 19

Criminal Code Act 1899
Contents
590AP

Limit on disclosure of witness contact details . . . . . . . . . . . . . . .

424

590APA

Protected counselling communications . . . . . . . . . . . . . . . . . . . .

426

590AQ

Limit on disclosure contrary to the public interest . . . . . . . . . . . .

427

Chapter subdivision E

Viewing

590AR

Viewing evidence that is not original evidence . . . . . . . . . . . . . .

429

590AS

Viewing particular original evidence—generally . . . . . . . . . . . . .

429

590ASA

Viewing bodies of deceased persons . . . . . . . . . . . . . . . . . . . . .

431

Chapter subdivision F

Miscellaneous provisions

590AT

Accused person may waive entitlement . . . . . . . . . . . . . . . . . . .

432

590AU

Court may waive requirement . . . . . . . . . . . . . . . . . . . . . . . . . . .

432

590AV

Disclosure directions under particular provisions . . . . . . . . . . . .

433

590AW

When issues about disclosure must be resolved . . . . . . . . . . . .

433

590AX

Unauthorised copying of sensitive evidence . . . . . . . . . . . . . . . .

433

Chapter division 4

Disclosure by an accused person

590A

Notice of alibi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

434

590B

Advance notice of expert evidence . . . . . . . . . . . . . . . . . . . . . . .

436

590C

Advance notice of representation if person who made it is unavailable
436

Chapter division 4A

Disclosure obligation directions

590D

Purpose and scope of ch div 4A . . . . . . . . . . . . . . . . . . . . . . . . .

437

590E

Definitions for ch div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

438

590F

Subject matter for disclosure obligation direction . . . . . . . . . . . .

438

590G

Application for disclosure obligation direction . . . . . . . . . . . . . . .

440

Chapter division 5

Bringing on trial and ordering adjournment

591

Accelerating trial of persons not under committal . . . . . . . . . . . .

440

592

Adjournment of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

441

593

Directions as to trial upon adjournment . . . . . . . . . . . . . . . . . . . .

441

593A

Warrant to bring witness before court . . . . . . . . . . . . . . . . . . . . .

442

Chapter division 6
594A

Corporation as accused person

Presence in court and plea where accused person is a corporation 442

Chapter division 7

Applications by accused person about indictment

595

Delivery of copy of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . .

444

596

Motion to quash indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

444

597

Misnomer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

444

Chapter division 8
597A
Page 20

Separate trials

Separate trials where 2 or more charges against the same person 445

Criminal Code Act 1899
Contents
597B

Separate trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter division 9

445

Pleas

597C

Accused person to be called on to plead to indictment . . . . . . . .

446

598

Pleas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

447

599

Defence of justification for defamation to be specially pleaded . .

448

600

Persons committed for sentence . . . . . . . . . . . . . . . . . . . . . . . . .

449

601

Standing mute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

449

602

Plea of autrefois convict or autrefois acquit . . . . . . . . . . . . . . . . .

450

603

Trial on plea to the jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . .

450

604

Trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

450

605

Demurrer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

450

613

Want of understanding of accused person . . . . . . . . . . . . . . . . .

451

Chapter division 9A

Trial by judge alone

614

Application for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

451

615

Making a no jury order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

452

615A

More than 1 charge or accused person . . . . . . . . . . . . . . . . . . . .

453

615B

Law and procedure to be applied . . . . . . . . . . . . . . . . . . . . . . . .

453

615C

Judge’s verdict and judgment . . . . . . . . . . . . . . . . . . . . . . . . . . .

454

615D

Particular proceedings excluded from application . . . . . . . . . . . .

454

615E

References to trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

455

Chapter division 10

Appearances and fair conduct

616

Defence by counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

455

617

Presence of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

455

617A

Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

456

Chapter division 11

Trial of issues

618

Evidence in defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

456

619

Speeches by counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

456

620

Summing up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

457

624

Special verdict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

458

625

General verdict on charge of defamation . . . . . . . . . . . . . . . . . .

458

Chapter division 12

Other provisions

630

Procedure on charge of an offence committed after previous conviction
458

631

Further pleas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

459

631A

Plea of guilty during trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

459

Chapter 63

Evidence—presumptions of fact
Page 21

Criminal Code Act 1899
Contents
632

Corroboration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

461

634

Evidence on trials for perjury and subornation . . . . . . . . . . . . . .

461

635

Evidence of previous conviction . . . . . . . . . . . . . . . . . . . . . . . . .

462

636

Evidence of blood relationship . . . . . . . . . . . . . . . . . . . . . . . . . .

462

638

Evidence of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

463

639

Averments about public officers and public service officers or employees
463

641

Evidence on certain charges of stealing money . . . . . . . . . . . . .

463

642

Evidence on charges relating to seals and stamps . . . . . . . . . . .

465

643

Intention to injure, deceive or defraud . . . . . . . . . . . . . . . . . . . . .

465

644

Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

465

644A

Witness giving incriminating answers . . . . . . . . . . . . . . . . . . . . .

466

Chapter 63A

Non-attendance of witness

644B

Non-attendance of individual . . . . . . . . . . . . . . . . . . . . . . . . . . . .

466

644C

Non-attendance of corporation . . . . . . . . . . . . . . . . . . . . . . . . . .

467

644D

Noncompliance is contempt of court . . . . . . . . . . . . . . . . . . . . . .

467

Chapter 64

Verdict—judgment

645

Accused person insane during trial . . . . . . . . . . . . . . . . . . . . . . .

468

646

Discharge of persons acquitted . . . . . . . . . . . . . . . . . . . . . . . . . .

468

647

Acquittal on ground of insanity . . . . . . . . . . . . . . . . . . . . . . . . . .

468

648

Convicted person to be called on to show cause . . . . . . . . . . . .

469

649

Arrest of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

469

650

Sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

469

651

Court may decide summary offences if a person is charged on indictment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

652

Proceedings to transmit charge for summary offence . . . . . . . . .

653

Remission of proceedings to court exercising summary jurisdiction 472

659

Effect of summary conviction for indictable offences . . . . . . . . .

Chapter 65

Costs

660

Costs of prosecution in certain cases . . . . . . . . . . . . . . . . . . . . .

473

662

Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

474

Chapter 67

Appeals, subsequent appeals and pardons

Chapter division 1
668
668AA
Page 22

473

Preliminary

Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter division 2

471

474

References, reservations and appeals

Application of chapter division . . . . . . . . . . . . . . . . . . . . . . . . . . .

475

Criminal Code Act 1899
Contents
668A

Reference by Crown Law Officer of pre-trial direction or ruling . .

475

668B

Reservation of points of law . . . . . . . . . . . . . . . . . . . . . . . . . . . .

476

668C

Appeal from arrest of judgment . . . . . . . . . . . . . . . . . . . . . . . . . .

477

668D

Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

478

668E

Determination of appeal in ordinary cases . . . . . . . . . . . . . . . . .

478

668F

Powers of Court in special cases . . . . . . . . . . . . . . . . . . . . . . . .

479

669

Power to grant new trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

480

669A

Appeal by Attorney-General or Crown Law Officer . . . . . . . . . . .

481

670

Revesting and restitution of property on conviction . . . . . . . . . . .

483

671

Time for appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

484

Chapter division 3

Subsequent appeals

671AA

Definitions for chapter division . . . . . . . . . . . . . . . . . . . . . . . . . .

671ABFresh and compelling evidence and new and compelling evidence—
meanings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
484

671AC

Right of subsequent appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

671AD

Evidence in proceedings for subsequent appeal . . . . . . . . . . . . .

487

671AE

Determination of subsequent appeal . . . . . . . . . . . . . . . . . . . . . .

487

671AF

Directions, orders etc. on allowed subsequent appeal . . . . . . . .

488

Chapter division 4

484

486

Other provisions for appeals and subsequent appeals

671A

Judge’s notes and report to be furnished on appeal . . . . . . . . . .

489

671B

Supplemental powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

489

671D

Right of appellant to be present . . . . . . . . . . . . . . . . . . . . . . . . .

490

671E

Appeals and subsequent appeals permitted in writing . . . . . . . .

491

671F

Costs of appeal or subsequent appeal . . . . . . . . . . . . . . . . . . . .

491

671G

Grant of bail to appellant and custody when attending Court . . .

492

671H

Duties of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

493

671J

Documents, exhibits etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

494

671K

Records of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

495

671L

Powers exercisable by a judge . . . . . . . . . . . . . . . . . . . . . . . . . .

496

672

Appeals from the decisions of the Court . . . . . . . . . . . . . . . . . . .

496

Chapter division 5

Pardons

672A

Pardoning power preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . .

497

675

Conditional remission of sentence by Governor . . . . . . . . . . . . .

498

676

Pardon in case of imprisonment for non-payment of money . . . .

498

677

Effect of pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

498

Chapter 68

Exceptions to double jeopardy rules
Page 23

Criminal Code Act 1899
Contents
678

Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

499

678A

Application of ch 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

500

678B

Court may order retrial for murder—fresh and compelling evidence 501

678BA

Court may order retrial for prescribed offence—fresh and compelling
evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
502

678C

Court may order retrial for 25 year offence—tainted acquittal . . .

503

678D

Fresh and compelling evidence—meaning . . . . . . . . . . . . . . . . .

503

678E

Tainted acquittal—meaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

504

678F

Interests of justice—matters for consideration . . . . . . . . . . . . . .

505

678G

Application for retrial—procedure . . . . . . . . . . . . . . . . . . . . . . . .

506

678H

Retrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

507

678I

Authorisation of police investigations . . . . . . . . . . . . . . . . . . . . .

508

678J

Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

509

678K

Restrictions on publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

510

Chapter 69

Seizure and detention of property connected with offences—
restitution of property unlawfully acquired

679A

Search of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

511

680

Property found on offenders on arrest . . . . . . . . . . . . . . . . . . . . .

512

682

Disposal of property seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

512

683

Explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

513

685B

Orders for delivery of certain property . . . . . . . . . . . . . . . . . . . . .

513

Chapter 70

Informations by private persons for indictable offences—ex officio
indictments

686

Information by leave of the court by private prosecutors . . . . . . .

514

687

Security to be given by prosecutor for costs of defence . . . . . . .

514

688

Service of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

515

689

Plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

515

690

Default of plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

515

691

Time and place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

516

692

Effect of judgment for prosecutor on demurrer . . . . . . . . . . . . . .

516

693

Effect of judgment by default . . . . . . . . . . . . . . . . . . . . . . . . . . . .

516

694

Costs of defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

516

695

Practice to be applied on ex officio indictment . . . . . . . . . . . . . .

517

Chapter 71

Miscellaneous provisions

695A

Power to protect victim of violence by prohibiting publication of
information about proceedings . . . . . . . . . . . . . . . . . . . . . . . . . .

517

Warrant for release of person detained in custody . . . . . . . . . . .

518

696
Page 24

Criminal Code Act 1899
Contents
697

Court may direct certain persons to be prosecuted for perjury . .

519

699

Staying prosecution for publication of parliamentary paper . . . .

520

700

Certificate of dismissal by justices . . . . . . . . . . . . . . . . . . . . . . . .

520

702

Saving of civil remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

521

704

No court fees in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . .

521

705

Copies of depositions to be allowed to persons committed for trial

521

706

Inspection of depositions at trial . . . . . . . . . . . . . . . . . . . . . . . . .

522

706A

Development of administrative arrangements . . . . . . . . . . . . . . .

522

707

Forms of criminal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . .

523

708

Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

523

Part 9Transitional and validation provisions

Chapter 72

Transitional provision for Act No. 18 of 1999

709

Transitional provision for Act No. 18 of 1999 . . . . . . . . . . . . . . .

Chapter 73

Transitional provision for Justice Legislation (Miscellaneous
Provisions) Act (No. 2) 1999

710

Transitional provision for Justice Legislation (Miscellaneous Provisions)
Act (No. 2) 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
524

Chapter 74

Transitional provision for Criminal Law Amendment Act 2000

711

Transitional provision for Criminal Law Amendment Act 2000 . .

524

525

Chapter 75

Transitional provision for Criminal Law Amendment Act 2002

712

Transitional provision for Criminal Law Amendment Act 2002 . .

Chapter 76

Transitional provision for Sexual Offences (Protection of Children)
Amendment Act 2003

713

Transitional provision for Sexual Offences (Protection of Children)
Amendment Act 2003—unlawful sexual relationship . . . . . . . . .
526

Chapter 77

Validation provision for Criminal Proceeds Confiscation Act 2002

714

Validation provision for Criminal Proceeds Confiscation Act 2002—
presentation of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
527

Chapter 78

Transitional provision for Evidence (Protection of Children)
Amendment Act 2003

715

Transitional provision for disclosure by the prosecution . . . . . . .

Chapter 79

Transitional provision for Defamation Act 2005

716

Defence of truth of defamatory matter still to be specially pleaded

Chapter 80

Transitional provision for Criminal Code Amendment Act 2006

717

Effect of repeal of ss 56, 57 and 58 . . . . . . . . . . . . . . . . . . . . . . .

Chapter 81

Transitional provision for Justice and Other Legislation
Amendment Act 2007

718

Appointment of animal valuers . . . . . . . . . . . . . . . . . . . . . . . . . .

526

527
528
528

529

Page 25

Criminal Code Act 1899
Contents
Chapter 82

Transitional provision for Criminal Code and Other Acts
Amendment Act 2008

719

References to particular offences . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 83

Transitional provision for Criminal Code and Jury and Another Act
Amendment Act 2008

720

Trial by judge alone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 84

Transitional provision for Justice and Other Legislation
Amendment Act 2008, part 8

721

Notices to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 85

Transitional provision for the Criminal Code (Medical Treatment)
Amendment Act 2009

722

Retrospective application of amendment . . . . . . . . . . . . . . . . . .

Chapter 86

Transitional provisions for Criminal Code (Abusive Domestic
Relationship Defence and Another Matter) Amendment Act 2010

723

Retrospective application of amendment . . . . . . . . . . . . . . . . . .

Chapter 87

Transitional provision for members of QR Group

724

Employees of members of QR Group taken to be persons employed inpublic service during interim period . . . . . . . . . . . . . . . . . . . . . . .
533

Chapter 88

Transitional provisions for Civil and Criminal Jurisdiction Reformand Modernisation Amendment Act 2010

725

Definitions for ch 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

726

New disclosure provisions apply only to prosecutions commenced after
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
534

727

New summary disposition provisions apply only to prosecutionscommenced after commencement . . . . . . . . . . . . . . . . . . . . . . .

Chapter 89

Transitional provision for Criminal Code and Other Legislation
Amendment Act 2011

728

Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 90

Transitional provision for Criminal Law Amendment Act 2012

529

530

531

532

532

534

535

536

729

Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 91

Transitional provisions for Criminal Law (Child Exploitation andDangerous Drugs) Amendment Act 2013

730

Indictments for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 92

Transitional provision for Criminal Law (Criminal Organisations
Disruption) and Other Legislation Amendment Act 2013

731

Application of amended s 597C . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 93

Transitional provision for Criminal Code and Another Act (Stock)
Amendment Act 2014

732

Tendering, return or disposal of stock . . . . . . . . . . . . . . . . . . . . .

Chapter 94

Transitional provisions for Criminal Law Amendment Act 2014

Page 26

536

538

538

539

Criminal Code Act 1899
Contents
733

Extended application of ch 68 . . . . . . . . . . . . . . . . . . . . . . . . . . .

540

734

Application of s 564 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

540

Chapter 95

Transitional provision for Health and Other Legislation Amendment
Act 2016

735

References to particular offences . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 96

Transitional provisions for Serious and Organised Crime
Legislation Amendment Act 2016

540

736

Review of consorting provisions . . . . . . . . . . . . . . . . . . . . . . . . .

737

Regulation made by the Serious and Organised Crime Legislation
Amendment Act 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
543

738

Offences against ss 60A and 60B charged before repeal . . . . . .

Chapter 97

Transitional provision for Criminal Law Amendment Act 2017739

Application of amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 98

Transitional provision for Victims of Crime Assistance and Other
Legislation Amendment Act 2017

740

Protected counselling communications . . . . . . . . . . . . . . . . . . . .

Chapter 99

Transitional provision for Penalties and Sentences (Drug andAlcohol Treatment Orders) and Other Legislation Amendment Act
2017

741

Application of s 552H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 100

Transitional provision for Criminal Code (Non-consensual Sharingof Intimate Images) Amendment Act 2019

742

Application of s 229AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 101

Transitional provision for Police Powers and Responsibilities andOther Legislation Amendment Act 2020

743

Saving of former s 205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 102

Transitional and declaratory provisions for Criminal Code (Child
Sexual Offences Reform) and Other Legislation Amendment Act
2020

Chapter division 1
744

541

543
544

544

545

545

546

Provisions commencing on day after assent

Application of repealed s 212 . . . . . . . . . . . . . . . . . . . . . . . . . . .

547

745

Application of former s 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

547

746

Application of s 229B to acts done before 3 July 1989 . . . . . . . .

548

747

Application of s 229B during period 3 July 1989 to 30 April 2003

549

748

Proceedings for offences against s 229B . . . . . . . . . . . . . . . . . .

552

749

Application of former s 218B to certain conduct . . . . . . . . . . . . .

552

750

Application of amended ss 668A and 669A . . . . . . . . . . . . . . . .

552

Chapter division 2
751

Provision commencing by proclamation

Application of s 229BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

553

Page 27

Criminal Code Act 1899
Contents
Chapter 103

Transitional provisions for Justice and Other Legislation
Amendment Act 2020

752

Application of s 359E(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

753

Application of ch 58A before and after amendment to particular charges
554

Chapter 104

Transitional provision for Criminal Code (Consent and Mistake ofFact) and Other Legislation Amendment Act 2021

754

Offences charged before or after the commencement . . . . . . . .

Chapter 105

Transitional provision for Evidence and Other Legislation
Amendment Act 2022

755

Existing relevant proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 106

Transitional provisions for Domestic and Family Violence
Protection (Combating Coercive Control) and Other Legislation
Amendment Act 2023

553

555

555

756

Offences charged before or after the commencement . . . . . . . .

557

757

Conviction for domestic violence offence before commencement

557

Chapter 107

Transitional provisions for Strengthening Community Safety Act
2023

758

Proceedings for charge for offence against former s 408A(1B) .

759

Application of particular provisions to charge for offence against former s
408A(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
558

Chapter 108

Transitional provision for Information Privacy and Other
Legislation Amendment Act 2023

558

760

Application of s 408E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 110

Transitional provision for Criminal Code and Other Legislation(Double Jeopardy Exception and Subsequent Appeals) Amendment
Act 2024559

764

Subsequent appeals—appeals or applications for leave to appeal before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
560

Chapter 111

Transitional provisions for Criminal Code (Decriminalising Sex
Work) and Other Legislation Amendment Act 2024

763

Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

560

764

Proceedings for offences against former ch 22A generally . . . . .

561

765

Proceedings for particular offences against former ch 22A . . . . .

561

766

Continuation of s 229J—certificate of discharge for particular offences
562

Page 28

Criminal Code Act 1899[s 1]

Criminal Code Act 1899
An Act to establish a Code of Criminal Law

Preamble

Whereas it is desirable to declare, consolidate, and amend the
Criminal Law;
Be it enacted and declared by the Queen’s Most Excellent Majesty,
by and with the advice and consent of the Legislative Council andLegislative Assembly of Queensland in Parliament assembled, andby the authority of the same, as follows—1

Short title

This Act may be cited as the Criminal Code Act 1899.
2

Establishment of Code—schedule 1(1) On and from 1 January 1901, the provisions contained in the
Code of Criminal Law set forth in schedule 1 (the Code) shallbe the law of Queensland with respect to the several matterstherein dealt with.
(2) The said Code may be cited as the Criminal Code.
3

SavingHowever—(a)the repeal of any statute or part of a statute set forth in
the schedules shall not affect the construction of any
other statute, or of any other part of the same statute,whether as regards the past or the future;(b)when any enactment not mentioned in the schedules has
been repealed, confirmed, revived, or perpetuated, byCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 29

Criminal Code Act 1899[s 4]

any enactment hereby repealed, such repeal,
confirmation, reviver, or perpetuation, shall not beaffected by the repeal effected by this Act;

4(c)this Act shall not affect the validity, invalidity, effect, orconsequences, of anything already done or suffered, or
any existing status or capacity, or any right, title,
obligation, or liability, civil or criminal, alreadyacquired, accrued, or incurred, or any remedy orproceeding in respect thereof, or any release ordischarge of or from any debt, penalty, obligation,
liability, claim, or demand, or any indemnity, or the
proof of any past act or thing; and any action,prosecution, or other proceeding, begun before thecoming into operation of the Code, may, subject to theprovisions of the Code, be continued as if this Act had
not been passed; and any action, prosecution, or otherproceeding, in respect of anything done or omitted to bedone before the coming into operation of the Code, may,subject to the provisions of the Code, be brought, taken,
and prosecuted, in the same manner as if this Act had
not been passed;(d)this Act shall not, except as expressly therein declared,
affect any principle or rule of law or equity, or
established jurisdiction, or form or course of pleading,practice, or procedure, notwithstanding that the same
respectively may have been in any manner affirmed,
recognised or derived, by, in, or from, any enactment
hereby repealed;(e)this Act shall not revive or restore any jurisdiction, duty,
liability, right, title, privilege, restriction, exemption,
usage, practice, procedure, form of punishment, or othermatter or thing, not now existing or in force.

Construction of statutes, statutory rules, and other
instruments

From and after the coming into operation of the Code, thefollowing rules shall apply with respect to the construction ofPage 30

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Criminal Code Act 1899[s 5]

statutes, statutory rules, by-laws, and other instruments, that is
to say—5(a)when in any statute, statutory rule, by-law, or other
instrument, public or private, the term felony is used, orreference is made to an offence by the name of felony, it
shall be taken that reference is intended to an offence
which is a crime under the provisions of the Code;(b)

when in any statute, statutory rule, by-law, or other
instrument, public or private, the term murder is used, it
shall be taken that reference is intended to the crimes ofwilful murder and murder and each of them;(c)when in any statute, statutory rule, by-law, or other
instrument, public or private, the term larceny is used, it
shall be taken that reference is intended to the crime ofstealing;(d)when in any statute, statutory rule, by-law, or other
instrument, public or private, reference is made to any
offence by any specific name, it shall be intended thatreference is intended to the offence which, under theprovisions of the Code, is constituted by the act oromission that would heretofore have constituted theoffence referred to;(e)when in any statute, statutory rule, by-law, or other
instrument, public or private, reference is made to any of
the statutory provisions hereby repealed, it shall betaken that reference is intended to the corresponding
provisions or substituted provisions of the Code.

Provisions of Code exclusive with certain exceptions

From and after the coming into operation of the Code, no
person shall be liable to be tried or punished in Queensland as
for an indictable offence except under the express provisionsof the Code or some other statute law of Queensland, or underthe express provisions of some statute of the United Kingdom
which is expressly applied to Queensland, or which is in force
in all parts of the Sovereign’s dominions not expressly
excepted from its operation, or which authorises the trial andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 31

Criminal Code Act 1899[s 6]

punishment in Queensland of offenders who have at places
not in Queensland committed offences against the laws of theUnited Kingdom.
6

Civil remedies(1) When by the Code any act is declared to be lawful, no action
can be brought in respect thereof.
(2) A person who suffers loss or injury in, or in connection with,the commission of an indictable offence of which the person
is found guilty has no right of action against another person
for the loss or injury.
(3) Subsection (2) applies whether or not a conviction is recorded
for the offence.
(4) Except as aforesaid, the provisions of this Act shall not affectany right of action which any person would have had against
another if this Act had not been passed, nor shall the omission
from the Code of any penal provision in respect of any act oromission which before the time of the coming into operationof the Code constituted an actionable wrong affect any rightof action in respect thereof.
7

Offender may be prosecuted under Code or other statute

When an offender is punishable under the provisions of theCode, and also under the provisions of some other statute, theoffender may be prosecuted and convicted under theprovisions either of the Code or of such other statute, so thatthe offender is not twice punished for the same offence.
8

Contempt of court

Nothing in this Act or in the Code shall affect the authority ofcourts of record to punish a person summarily for the offence
commonly known as ‘contempt of court’, but so that a person
can not be so punished and also punished under the provisionsof the Code for the same act or omission.

Page 32

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

Schedule 1

The Criminal Codesection 2

Part 1Introductory

Interpretation—application—general principles
Chapter 1
1

Interpretation

Definitions

In this Code—25 year offence, for chapter 68, see section 678(1).
acquittal, for chapter 68, see section 678(1).
administration of justice offence, for chapter 68, seesection 678(1).
adult means a person of or above the age of 18 years.
adult entertainment has the meaning given by the Liquor Act
1992, section 103N.
adult entertainment permit means an adult entertainment
permit granted under the Liquor Act 1992 and in force.
affected child, for chapter 62, chapter division 3, seesection 590AD.
aircraft includes any machine or apparatus designed tosupport itself in the atmosphere.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 33

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

It is immaterial whether the machine or apparatus is incapableof use through mechanical defect or whether any part or parts
thereof have been removed for any purpose or by any person.
A flight of an aircraft shall be deemed to commence—(a)at the time of the closing of the external door of theaircraft last to be closed before the aircraft first moves
for the purpose of taking off from any place; or(b)

if paragraph (a) is not applicable—at the time at which
the aircraft first moves for the purpose of taking off fromany place; andshall be deemed to end—(c)at the time of the opening of the external door of theaircraft first to be opened after the aircraft comes to rest
after its next landing after the commencement of theflight; or(d)if paragraph (c) is not applicable—at the time at which
the aircraft comes to rest after its next landing after thecommencement of the flight;or, if the aircraft is destroyed, or the flight is abandoned,
before either paragraph (c) or (d) becomes applicable, at thetime at which the aircraft is destroyed or the flight isabandoned, as the case may be.
animal includes any living creature other than mankind.
anonymising service, for part 4, chapter 22, see section 207A.
appellant, for chapter 67, see section 668(1).
arresting officer—(a)for chapter 62, chapter division 3, see section 590AD;or(b)

for chapter 62, chapter division 4A, see section 590E.

assault—(a)Page 34

generally—see section 245; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 1]

(b)

for chapter 32—see section 347.

associate, of a lawyer, for chapter 62, chapter division 3, seesection 590AD.
benefit includes property, advantage, service, entertainment,
the use of or access to property or facilities, and anything of
benefit to a person whether or not it has any inherent or
tangible value, purpose or attribute.
bet or make a bet, for chapter 43, see section 443.
bodily harm means any bodily injury which interferes withhealth or comfort.
canal includes aqueduct.
child abuse object, for part 4, chapter 22, see section 207A.
child exploitation material, for chapter 22, see section 207A.
child sexual offence, for part 4, chapter 22, see section 207A.
circumstance of aggravation means any circumstance byreason whereof an offender is liable to a greater punishment
than that to which the offender would be liable if the offence
were committed without the existence of that circumstance.
circumstances, for chapter 33A, see section 359A.
classified, for chapter 22, see section 207A.
clerk and servant include any person employed for any
purpose as or in the capacity of a clerk or servant, or as acollector of money, although temporarily only, or althoughemployed also by other persons than the person alleged to be
the person’s employer, or although employed to pay as well as
receive money, and any person employed as or in the capacityof a commission agent for the collection or disbursement ofmoney, or in any similar capacity, although the person has no
authority from the person’s employer to receive money orother property on the employer’s account.
commercial sexual service, for chapter 22, see section 207A.
committal for trial includes committal for sentence.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 35

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

Commonwealth Classification Act, for chapter 22, seesection 207A.
company means an incorporated company.
computer game, for chapter 22, see section 207A.
computer generated image means electronically recorded
data capable, by way of an electronic device, of being
produced on a computer monitor, television screen, liquid
crystal display or similar medium as an image, including animage in the form of text.
conduct, for chapter 23, see section 230A.
consent, for chapter 32, see section 348.
consort, for part 2, chapter 9A, see section 77A.
conviction, for part 2, chapter 9A, see section 77.
court, for chapter 62, chapter division 3, see section 590AD.
Court—(a)for chapter 67, see section 668(1); or(b)

for chapter 68, see section 678(1).

court of trial, for chapter 67, see section 668(1).
crematorium includes the land or water where thecrematorium is situated.
criminal history, for chapter 62, chapter division 3, seesection 590AD.
criminal organisation see the Penalties and Sentences Act
1992, section 161O.
criminal responsibility means liability to punishment as for
an offence.
criminally responsible means liable to punishment as for an
offence.
Crown Law Officer means the Attorney-General or directorof public prosecutions.
Page 36

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

damage, in relation to a document, includes—(a)obliterate the document; and(b)make the whole document or part of the document
illegible or irrecoverable.

detriment—(a)caused to a person, includes detriment caused to aperson’s property; and(b)for chapter 33A, see section 359A.

disclosure obligation, for chapter 62, chapter division 4A, seesection 590E.
disclosure obligation direction, for chapter 62, chapter
division 4A, see section 590E.
distribute, for part 4, chapter 22, see section 207A.
document includes—(a)anything on which there is writing; and(b)anything on which there are marks, figures, symbols,
codes, perforations or anything else having a meaning
for a person qualified to interpret them; and(c)a record.

domestic relationship means a relevant relationship under theDomestic and Family Violence Protection Act 2012,section 13.
Note—
Under the Domestic and Family Violence Protection Act 2012,section 13, a relevant relationship means an intimate personal
relationship, a family relationship or an informal care relationship, as
defined under that Act.

domestic violence offence means an offence against an Act,
other than the Domestic and Family Violence Protection Act
2012, committed by a person where the act done, or omission
made, which constitutes the offence is also—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 37

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 1]

(a)

domestic violence or associated domestic violence,
under the Domestic and Family Violence Protection Act
2012, committed by the person; or(b)a contravention of the Domestic and Family Violence
Protection Act 2012, section 177(2).

Note—
Under the Domestic and Family Violence Protection Act 2012,section 177(2), a respondent against whom a domestic violence orderhas been made under that Act must not contravene the order.

DPP presenter, for chapter 60, see section 559A.
dwelling includes any building or structure, or part of abuilding or structure, which is for the time being kept by theowner or occupier for the residence therein of himself or
herself, his or her family, or servants, or any of them, and it isimmaterial that it is from time to time uninhabited.
A building or structure adjacent to, and occupied with, adwelling is deemed to be part of the dwelling if there is acommunication between such building or structure and thedwelling, either immediate or by means of a covered andenclosed passage leading from the one to the other, but nototherwise.
emergency vehicle see section 6A.
emergency worker means—(a)a member of the police service; or(b)a member of the police service of the Commonwealth oranother State; or(c)a service officer under the Ambulance Service Act 1991;
or(d)a member of an ambulance service of another State; or(e)a fire service officer or rural fire brigade member under
the Fire Services Act 1990; or(f)a member of a fire brigade or service of another State.

encourage, for chapter 43, see section 443.
Page 38

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

end, of the proceedings for a relevant charge, for chapter 62,
chapter division 3, see section 590AD.
engage, in penile intercourse, see section 6(2).
Evidence Act section 93A device statement, for chapter 62,
chapter division 3, see section 590AD.
exculpatory thing, for chapter 62, chapter division 3, seesection 590AD.
explosive substance includes a gaseous substance in such astate of compression as to be capable of explosion.
family, for chapter 16, see section 119A.
film, for chapter 22, see section 207A.
forge a document, means make, alter or deal with the
document so that the whole of it or a material part of it—(a)purports to be what, or of an effect that, in fact it is not;or(b)

purports to be made, altered or dealt with by a person
who did not make, alter or deal with it or by or for someperson who does not, in fact exist; or(c)purports to be made, altered or dealt with by authority ofa person who did not give that authority; or(d)otherwise purports to be made, altered or dealt with incircumstances in which it was not made, altered or dealt
with.

fresh and compelling evidence—(a)for chapter 67, chapter division 3, see section 671AB; or(b)for chapter 68, see section 678D.

gender identity see the Anti-Discrimination Act 1991,
schedule 1.
genitalia includes surgically constructed genitalia.
grievous bodily harm means—(a)the loss of a distinct part or an organ of the body; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 39

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 1]

(b)

serious disfigurement; or(c)any bodily injury of such a nature that, if left untreated,would endanger or be likely to endanger life, or cause or
be likely to cause permanent injury to health;whether or not treatment is or could have been available.
hidden network, for part 4, chapter 22, see section 207A.
indecent matter includes indecent film, videotape, audiotape,picture, photograph or printed or written matter.
indictment means a written charge preferred against an
accused person in order to the person’s trial before some court
other than justices exercising summary jurisdiction.
information, for part 4, chapter 22, see section 207A.
inland water includes river, canal and reservoir.
interests of justice, for chapter 68, see section 678F.
intimate image, for part 4, chapter 22, see section 207A.
judicial officer includes—(a)an arbitrator, or umpire, appointed in relation to anarbitration in which evidence may be taken on oath; and(b)a member of a tribunal established under an Act toperform judicial functions or judicial functions andother functions; and(c)a person conducting a hearing of the Crime andCorruption Commission under the Crime andCorruption Act 2001, chapter 4; and(d)a justice of the peace constituting a court.

judicial proceeding, for chapter 16, see section 119.
knowingly, used in connection with any term denoting
uttering or using, implies knowledge of the character of thething uttered or used.
law enforcement agency means—(a)Page 40

the Queensland Police Service; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 1]

(b)

the Office of the Director of Public Prosecutions; or(c)the Crime and Corruption Commission; or(d)any other entity of—(i)another State; or(ii) the Commonwealth;that performs a similar function to an entity inparagraphs (a) to (c).
law enforcement officer means—(a)a member or officer of a law enforcement agency,
including a person appearing for the director under the
Director of Public Prosecutions Act 1984, section 10(4);or(b)

a person who is authorised, in writing, by thecommissioner of the police service, or the chairpersonof the Crime and Corruption Commission, to help amember or officer of a law enforcement agency; or(c)a person who belongs to a class of persons that is
authorised, in writing, by the commissioner of the police
service, or the chairperson of the Crime and Corruption
Commission, to help a member or officer of a law
enforcement agency.

liable, used alone, means liable on conviction upon
indictment.
match-fixing arrangement, for chapter 43, see section 443.
match-fixing conduct, for chapter 43, see section 443.
material, for chapter 22, see section 207A.
money includes bank notes, bank drafts, cheques, and anyother orders, warrants, authorities, or requests, for thepayment of money.
motor vehicle includes any machine or apparatus designed for
propulsion wholly or partly by gas, motor spirit, oil,electricity, steam or other mechanical power, and also
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 41

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

includes a motor cycle, or a caravan, caravan trailer or othertrailer designed to be attached to a motor vehicle.
It is immaterial whether the machine or apparatus is incapableof use through mechanical defect or whether any part or parts
thereof have been removed for any purpose or by any person.
network, for part 4, chapter 22, see section 207A.
new and compelling evidence, for chapter 67, chapter
division 3, see section 671AB.
night or night-time means the interval between 9p.m. and6a.m.
observe, for chapter 22, see section 207A.
occupier, for chapter 23, see section 230A.
offence see section 2.
original evidence, for chapter 62, chapter division 3, seesection 590AD.
participant, in a criminal organisation, see the Penalties andSentences Act 1992, section 161P.
party, for chapter 62, chapter division 4A, see section 590E.
penetrate, for chapter 32, see section 347.
penile intercourse see section 6(1).
penis includes a surgically constructed penis, whether
provided for a male or female.
person and owner, and other like terms, when used withreference to property, include corporations of all kinds, andany other associations of persons capable of owning property,
and also, when so used, include the Sovereign.
person employed in the public service includes police
officers, staff members under the Ministerial and Other OfficeHolder Staff Act 2010 and persons employed to execute any
process of a court of justice, and also includes the chief
executive officer of a rail government entity and persons
employed by a rail government entity.
Page 42

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

person with an impairment of the mind means a person witha disability that—(a)is attributable to an intellectual, psychiatric, cognitive orneurological impairment or a combination of these; and(b)results in—(i)a substantial reduction of the person’s capacity forcommunication, social interaction or learning; and(ii) the person needing support.
picture includes image including computer generated image.
place, for chapter 23, see section 230A.
port includes harbour and dock.
possession includes having under control in any place
whatever, whether for the use or benefit of the person ofwhom the term is used or of another person, and althoughanother person has the actual possession or custody of thething in question.
possession of the prosecution, for chapter 62, chapter
division 3, see section 590AE.
premises includes—(a)a building or structure, or part of a building or structure,of any type; and(b)a group of, or part of a group of, buildings or structures,of any type; and(c)the land or water where a building or structure or agroup of buildings or structures is situated; and(d)a vehicle, or a caravan; and(e)a tent, or a cave; and(f)premises in which more than 1 person has ownership.

prescribed offence, for chapter 68, see section 678(1).
prescribed summary trial, for chapter 62, chapter division 3,
see section 590AD.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 43

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

private act, for chapter 22, see section 207A.
private place, for chapter 22, see section 207A.
prohibited symbol see section 52C(1).
prohibited visual recording, for part 4, chapter 22, seesection 207A.
property includes—(a)every thing animate or inanimate that is capable of being
the subject of ownership; and(b)money; and(c)electrical or other energy, gas and water; and(d)a plant; and(e)an animal that is—(i)a tame animal, whether or not naturally tame; or(ii) an untamed animal of a type that, if kept, is usually
kept confined; or(iii) an untamed animal in a person’s possession or
being pursued for return to possession after escape;and(f)a thing produced by an animal mentioned inparagraph (e); and(g)any other property real or personal, legal or equitable,
including things in action and other intangible property.

property, of a person, for chapter 33A, see section 359A.
prosecution—(a)for chapter 62, chapter division 3, see section 590AD;or(b)

for chapter 62, chapter division 4A, see section 590E.

publication, for chapter 22, see section 207A.
public officer means a person other than a judicial officer,
whether or not the person is remunerated—
Page 44

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 1]

(a)

discharging a duty imposed under an Act or of a public
nature; or(b)holding office under or employed by the Crown;

and includes, whether or not the person is remunerated—(c)a person employed to execute any process of a court;
and

(d)

a public service employee; and(e)a person appointed or employed under any of thefollowing Acts—(i)the Police Service Administration Act 1990;(ii) the Transport Infrastructure Act 1994; and(f)a member, officer, or employee of an authority, board,
corporation, commission, local government, council,
committee or other similar body established for a public
purpose under an Act.

public place, for chapter 23, see section 230A.
race see the Anti-Discrimination Act 1991, schedule 1.
rail government entity see the Transport Infrastructure Act
1994, schedule 6.
railway includes every kind of way on which vehicles areborne upon a rail or rails, whatever may be the means ofpropulsion.
recognised offender, for part 2, chapter 9A, see section 77.
record means any thing or process—(a)on or by which information is recorded or stored; or(b)by means of which sounds, images, writings, messages
or anything else having meaning can be conveyed in any
way in a visible or recoverable form;

even if the use or assistance of some electronic, electrical,
mechanical, chemical or other device or process is required torecover or convey the information or meaning.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 45

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

recorded statement, for chapter 62, chapter division 3, seesection 590AD.
registered brand and registered mark mean respectively abrand or mark which is registered under the authority of thelaws relating to brands and each such registered brand or
registered mark shall for the purposes of this Code be deemed
to be the registered brand or registered mark respectively of
the person in whose name such brand or mark is registered.
However, where such brand or mark is registered in the namesof 2 or more persons such registered brand or registered markshall for the purposes of this Code be deemed to be theregistered brand or registered mark respectively of each ofsuch persons.
registrar, for chapter 67, see section 668(1).
relevant charge, for chapter 62, chapter division 3, seesection 590AD.
relevant offence, for part 2, chapter 9A, see section 77.
relevant proceeding, for chapter 62, chapter division 3, seesection 590AD.
religious confession, for part 4, chapter 22, see section 207A.
sensitive evidence, for chapter 62, chapter division 3, seesection 590AF.
sentence, for chapter 67, see section 668(1).
serious disease means a disease that would, if left untreated,
be of such a nature as to—(a)cause or be likely to cause any loss of a distinct part ororgan of the body; or(b)cause or be likely to cause serious disfigurement; or(c)endanger or be likely to endanger life, or to cause or belikely to cause permanent injury to health;whether or not treatment is or could have been available.

Page 46

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

sex characteristics see the Anti-Discrimination Act 1991,
schedule 1.
sexuality see the Anti-Discrimination Act 1991, schedule 1.
ship includes every kind of vessel used in navigation notpropelled by oars.
someone, for chapter 22, see section 207A.
sporting contingency, for chapter 43, see section 443.
sporting event, for chapter 43, see section 443.
stalked person, for chapter 33A, see section 359B(a).
statement, forsection 590AD.

chapter 62,

chapterdivision 3,

seestate of undress, for chapter 22, see section 207A.
stock means any of the following animals or their young—(a)horse, asses, mules or camels;(b)cattle, oxen or buffalo;(c)sheep;(d)swine;

(e)

deer;

(f)

goats.

subsequent appeal, for chapter 67, see section 668(1).
summary conviction means summary conviction before a
Magistrates Court.
tainted acquittal, for chapter 68, see section 678E.
the offender can not be arrested without warrant see
section 5(3).
the offender may be arrested without warrant see
section 5(1).
trial includes a proceeding wherein a person is to besentenced.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 47

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 1]

uncorroborated testimony means testimony which is notcorroborated in some material particular by other evidence
implicating the accused person.
unlawful game, for chapter 23, see section 230A.
unlawful stalking, intimidation, harassment or abuse, forchapter 33A, see sections 359B and 359D.
utter means and includes using or dealing with, andattempting to use or deal with, and attempting to induce any
person to use, deal with, or act upon, the thing in question.
vagina includes a surgically constructed vagina, whether
provided for a male or female.
valuable security includes any document which is theproperty of any person, and which is evidence of theownership of any property or of the right to recover or receive
any property.
vehicle includes—(a)a motor vehicle, train, aircraft, or vessel; or(b)anything else used or to be used to carry persons or
goods from place to place.

vessel includes a ship, or boat, and every other kind of vessel
used in navigation.
view, for chapter 62, chapter division 3, see section 590AD.
visually record, for chapter 22, see section 207A.
vulva includes a surgically constructed vulva, whether
provided for a male or female.
woman includes any female.
writing includes any way of representing or reproducing in avisible form any word, inscription, signature or other mark.

Page 48

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation
[s 2]

2

Definition of offence

An act or omission which renders the person doing the act ormaking the omission liable to punishment is called an offence.
3

Division of offences(1) Offences are of 2 kinds, namely, criminal offences andregulatory offences.
(2) Criminal offences comprise crimes, misdemeanours andsimple offences.
(3) Crimes and misdemeanours are indictable offences; that is tosay, the offenders can not, unless otherwise expressly stated,be prosecuted or convicted except upon indictment.
(4) A person guilty of a regulatory offence or a simple offence
may be summarily convicted by a Magistrates Court.
(5) An offence not otherwise designated is a simple offence.
4

Attempts to commit offences(1) When a person, intending to commit an offence, begins to put
the person’s intention into execution by means adapted to its
fulfilment, and manifests the person’s intention by some overt
act, but does not fulfil the person’s intention to such an extent
as to commit the offence, the person is said to attempt tocommit the offence.
(2) It is immaterial, except so far as regards punishment, whether
the offender does all that is necessary on the offender’s partfor completing the commission of the offence, or whether thecomplete fulfilment of the offender’s intention is prevented bycircumstances independent of his or her will, or whether theoffender desists of his or her own motion from the further
prosecution of the offender’s intention.
(3) It is immaterial that by reason of circumstances not known tothe offender it is impossible in fact to commit the offence.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 49

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 5](4) The same facts may constitute one offence and an attempt tocommit another offence.
5

Arrest without warrant(1) The expression the offender may be arrested without warrantmeans that the provisions of this Code relating to the arrest ofoffenders or suspected offenders without warrant are
applicable to the offence in question, either generally or
subject to such conditions (if any) as to time, place, or
circumstance, or as to the person authorised to make thearrest, as are specified in the particular case.
(2) Except when otherwise stated, the definition of an offence as acrime imports that the offender may be arrested without
warrant.
(3) The expression the offender can not be arrested without
warrant means that the provisions of this Code relating to thearrest of offenders or suspected offenders without warrant are
not applicable to the crime in question, except subject to suchconditions (if any) as to time, place, or circumstance, or as tothe person authorised to make the arrest as are specified in theparticular case.
6

Meaning of engage in penile intercourse(1) Penile intercourse is the penetration, to any extent, of thevagina, vulva or anus of a person by the penis of anotherperson.
(2) A person engages in penile intercourse with another person
if—Page 50(a)the person penetrates, to any extent, the vagina, vulva or
anus of another person with the person’s penis; or(b)

the person’s vagina, vulva or anus is penetrated, to any
extent, by the penis of another person.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 1 Interpretation[s 6A]

6A

Meaning of emergency vehicle and related matters(1) In this Code—emergency vehicle means—(a)a motor vehicle being used by an emergency worker inthe course of their duties; or(b)a motor vehicle ordinarily used by emergency workers
in the course of their duties.

(2) For a proceeding against a person (the first person) for an
offence involving an emergency vehicle, the first person istaken to know a motor vehicle is an emergency vehicle, unlessthe first person proves otherwise, if—(a)the vehicle bears the insignia of an emergency services
entity or is otherwise clearly marked as a type of
emergency vehicle; or(b)the vehicle is displaying flashing blue and red lights or aflashing blue light; or(c)a person who is inside, or emerges from, the vehicle
identifies themself to the first person as a type of
emergency worker.

(3) Subsection (2) does not limit the circumstances in which aperson may know, or a person ought reasonably to know, avehicle is an emergency vehicle.
(4) In this section—
emergency services entity means any of the following entities
of Queensland, the Commonwealth or another State—(a)a police service;(b)

an ambulance service;(c)a fire brigade, fire service or State emergency service.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 51

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 2 Parties to offences[s 7]

Chapter 2
7

Parties to offences

Principal offenders(1) When an offence is committed, each of the following persons
is deemed to have taken part in committing the offence and to
be guilty of the offence, and may be charged with actuallycommitting it, that is to say—(a)every person who actually does the act or makes theomission which constitutes the offence;(b)

every person who does or omits to do any act for the
purpose of enabling or aiding another person to commit
the offence;(c)every person who aids another person in committing theoffence;(d)any person who counsels or procures any other person tocommit the offence.

(2) Under subsection (1)(d) the person may be charged eitherwith committing the offence or with counselling or procuring
its commission.
(3) A conviction of counselling or procuring the commission of
an offence entails the same consequences in all respects as aconviction of committing the offence.
(4) Any person who procures another to do or omit to do any actof such a nature that, if the person had done the act or madethe omission, the act or omission would have constituted an
offence on the person’s part, is guilty of an offence of thesame kind, and is liable to the same punishment, as if theperson had done the act or made the omission; and the person
may be charged with doing the act or making the omission.
8

Offences committed in prosecution of common purpose

When 2 or more persons form a common intention toprosecute an unlawful purpose in conjunction with one
Page 52

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 2 Parties to offences[s 9]

another, and in the prosecution of such purpose an offence iscommitted of such a nature that its commission was aprobable consequence of the prosecution of such purpose,each of them is deemed to have committed the offence.
9

Mode of execution immaterial(1) When a person counsels another to commit an offence, and an
offence is actually committed after such counsel by the person
to whom it is given, it is immaterial whether the offence
actually committed is the same as that counselled or adifferent one, or whether the offence is committed in the way
counselled, or in a different way, provided in either case thatthe facts constituting the offence actually committed are aprobable consequence of carrying out the counsel.
(2) In either case the person who gave the counsel is deemed tohave counselled the other person to commit the offence
actually committed by the other person.
10

Accessories after the fact

A person who receives or assists another who is, to theperson’s knowledge, guilty of an offence, in order to enable
the person to escape punishment, is said to become anaccessory after the fact to the offence.
10A

Interpretation of ch 2

(1) Under section 7, a person’s criminal responsibility extends toany offence that, on the evidence admissible against him orher, is either the offence proved against the person who did theact or made the omission that constitutes that offence or any
statutory or other alternative to that offence.
(2) Under section 8, a person’s criminal responsibility extends toany offence that, on the evidence admissible against him orher, is a probable consequence of the prosecution of acommon intention to prosecute an unlawful purpose,
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 53

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 3 Application of criminal law[s 11]

regardless of what offence is proved against any other party to
the common intention.
(3) This section does not limit any other provision of this chapter.

Chapter 3
11

Application of criminal law

Effect of changes in law(1) A person can not be punished for doing or omitting to do an
act unless the act or omission constituted an offence under thelaw in force when it occurred; nor unless doing or omitting todo the act under the same circumstances would constitute an
offence under the law in force at the time when the person ischarged with the offence.
(2) If the law in force when the act or omission occurred differsfrom that in force at the time of the conviction, the offendercan not be punished to any greater extent than was authorisedby the former law, or to any greater extent than is authorisedby the latter law.
12

Application of Code as to offences wholly or partiallycommitted in Queensland(1) This Code applies to every person who does an act inQueensland or makes an omission in Queensland, which ineither case constitutes an offence.
(2) Where acts or omissions occur which, if they all occurred in
Queensland, would constitute an offence and any of the acts
or omissions occur in Queensland, the person who does theacts or makes the omissions is guilty of an offence of the samekind and is liable to the same punishment as if all the acts oromissions had occurred in Queensland.
(3) Where an event occurs in Queensland caused by an act doneor omission made out of Queensland which, if done or madePage 54

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 3 Application of criminal law[s 13]in Queensland, would constitute an offence, the person who
does the act or makes the omission is guilty of an offence ofthe same kind and is liable to the same punishment as if theact or omission had occurred in Queensland.
(3A) It is a defence to prove that the person did not intend that theact or omission should have effect in Queensland.
(4) Where an event occurs out of Queensland caused by an act
done or omission made in Queensland, which act or omission
would constitute an offence had the event occurred in
Queensland, the person who does the act or makes theomission is guilty of an offence of the same kind and is liable
to the same punishment as if the event had occurred in
Queensland.
(5) This section does not extend to a case where the only material
event that occurs in Queensland is the death in Queensland ofa person whose death is caused by an act done or an omission
made out of Queensland at a time when the person was out ofQueensland.
13

Offences enabled, aided, procured or counselled bypersons out of Queensland(1) Any person who while out of Queensland—(a)does or omits to do an act for the purpose of enabling or
aiding another person to commit an offence that is
actually committed in Queensland; or(b)aids another person in committing an offence that is
actually committed in Queensland; or(c)counsels or procures another person to commit anoffence that is actually committed in Queensland;is guilty of an offence of the same kind and is liable to thesame punishment as if the person had committed the offence
in Queensland.
(2) Any person who while out of Queensland procures another todo or omit to do in Queensland an act of such a nature that, if
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 55

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 3 Application of criminal law[s 14]

the person had done the act or made the omission in
Queensland, the person would have been guilty of an offence
is guilty of an offence of the same kind and is liable to thesame punishment as if the person had done the act or made theomission in Queensland.
14

Offences procured in Queensland to be committed out ofQueensland

Any person who while in Queensland procures another to doan act or make an omission at a place not in Queensland ofsuch a nature that, if the person had done the act or made theomission in Queensland, the person would have been guilty of
an offence, and that, if the person had done the act or made theomission, the person would have been guilty of an offence
under the laws in force in the place where the act or omission
is done or made, is guilty of an offence of the same kind, andis liable to the same punishment, as if the act had been done or
the omission had been made in Queensland, but so that thepunishment does not exceed that which the person would haveincurred under the laws in force in the place where the act wasdone or the omission was made, if the person had done the act
or made the omission.
15

Defence Force

Officers and other members of the Australian Defence Forceare, while on duty or in uniform, subject to the special laws
relating to that Force, but are not exempt from the provisionsof this Code.
16

Person not to be twice punished for same offence

A person can not be twice punished either under theprovisions of this Code or under the provisions of any otherlaw for the same act or omission, except in the case where theact or omission is such that by means thereof the person
causes the death of another person, in which case the person
Page 56

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 4 Royal prerogative of mercy[s 17]

may be convicted of the offence of which the person is guilty
by reason of causing such death, notwithstanding that theperson has already been convicted of some other offence
constituted by the act or omission.
17

Former conviction or acquittal

It is a defence to a charge of any offence to show that theaccused person has already been tried, and convicted or
acquitted upon an indictment on which the person might havebeen convicted of the offence with which the person ischarged, or has already been acquitted upon indictment, or has
already been convicted, of an offence of which the person
might be convicted upon the indictment or complaint on
which the person is charged.
Note—
See sections 678B, 678BA and 678C for when this section does not
apply to the charge mentioned in those sections.

Chapter 4
18

Royal prerogative of mercy

Royal prerogative of mercy

This Code does not affect the Royal prerogative of mercy.

Chapter 5
22

Criminal responsibility

Ignorance of the law—bona fide claim of right(1) Ignorance of the law does not afford any excuse for an act oromission which would otherwise constitute an offence, unless
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 57

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 5 Criminal responsibility[s 23]

knowledge of the law by the offender is expressly declared to
be an element of the offence.
(2) But a person is not criminally responsible, as for an offence
relating to property, for an act done or omitted to be done by
the person with respect to any property in the exercise of anhonest claim of right and without intention to defraud.
(3) A person is not criminally responsible for an act or omission
done or made in contravention of a statutory instrument if, at
the time of doing or making it, the statutory instrument was
not known to the person and had not been published orotherwise reasonably made available or known to the public
or those persons likely to be affected by it.
(4) In this section—
publish—23(a)in relation to a statutory instrument that is subordinate
legislation—means notify in accordance with section 47(Notification) of the Statutory Instruments Act 1992;
and

(b)

in relation to a statutory instrument that is not
subordinate legislation—means publish in the gazette.

Intention—motive(1) Subject to the express provisions of this Code relating to
negligent acts and omissions, a person is not criminallyresponsible for—(a)an act or omission that occurs independently of theexercise of the person’s will; or(b)an event that—(i)the person does not intend or foresee as a possible
consequence; and(ii) an ordinary person would not reasonably foresee asa possible consequence.

Page 58

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 5 Criminal responsibility[s 24]

Note—
Parliament, in amending subsection (1)(b) by the Criminal Code andOther Legislation Amendment Act 2011, did not intend to change thecircumstances in which a person is criminally responsible.

(1A) However, under subsection (1)(b), the person is not excusedfrom criminal responsibility for death or grievous bodily harmthat results to a victim because of a defect, weakness, orabnormality.
(2) Unless the intention to cause a particular result is expressly
declared to be an element of the offence constituted, in wholeor part, by an act or omission, the result intended to be causedby an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which aperson is induced to do or omit to do an act, or to form an
intention, is immaterial so far as regards criminal
responsibility.
24

Mistake of fact

(1) A person who does or omits to do an act under an honest andreasonable, but mistaken, belief in the existence of any state ofthings is not criminally responsible for the act or omission to
any greater extent than if the real state of things had been suchas the person believed to exist.
(2) The operation of this rule may be excluded by the express or
implied provisions of the law relating to the subject.
25

Extraordinary emergencies

Subject to the express provisions of this Code relating to acts
done upon compulsion or provocation or in self-defence, aperson is not criminally responsible for an act or omission
done or made under such circumstances of sudden or
extraordinary emergency that an ordinary person possessing
ordinary power of self-control could not reasonably be
expected to act otherwise.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 59

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 5 Criminal responsibility[s 26]

26

Presumption of sanity

Every person is presumed to be of sound mind, and to havebeen of sound mind at any time which comes in question,
until the contrary is proved.
27

Insanity(1) A person is not criminally responsible for an act or omission if
at the time of doing the act or making the omission the person
is in such a state of mental disease or natural mental infirmity
as to deprive the person of capacity to understand what theperson is doing, or of capacity to control the person’s actions,or of capacity to know that the person ought not to do the act
or make the omission.
(2) A person whose mind, at the time of the person’s doing oromitting to do an act, is affected by delusions on somespecific matter or matters, but who is not otherwise entitled tothe benefit of subsection (1), is criminally responsible for theact or omission to the same extent as if the real state of things
had been such as the person was induced by the delusions tobelieve to exist.
28

Intoxication(1) The provisions of section 27 apply to the case of a person
whose mind is disordered by intoxication or stupefaction
caused without intention on his or her part by drugs orintoxicating liquor or by any other means.
(2) They do not apply to the case of a person who has, to any
extent intentionally caused himself or herself to become
intoxicated or stupefied, whether in order to afford excuse forthe commission of an offence or not and whether his or her
mind is disordered by the intoxication alone or in combination
with some other agent.
(3) When an intention to cause a specific result is an element of
an offence, intoxication, whether complete or partial, andwhether intentional or unintentional, may be regarded for the
Page 60

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 1 Introductory
Chapter 5 Criminal responsibility[s 29]

purpose of ascertaining whether such an intention in fact
existed.
29

Immature age(1) A person under the age of 10 years is not criminallyresponsible for any act or omission.
(2) A person under the age of 14 years is not criminallyresponsible for an act or omission, unless it is proved that at
the time of doing the act or making the omission the person
had capacity to know that the person ought not to do the act ormake the omission.
30

Judicial officers

Except as expressly provided by this Code, a judicial officer is
not criminally responsible for anything done or omitted to bedone by the judicial officer in the exercise of the officer’s
judicial functions, although the act done is in excess of theofficer’s judicial authority, or although the officer is bound to
do the act omitted to be done.
31

Justification and excuse—compulsion(1) A person is not criminally responsible for an act or omission,
if the person does or omits to do the act under any of thefollowing circumstances, that is to say—(a)in execution of the law;(b)in obedience to the order of a competent authority which
he or she is bound by law to obey, unless the order ismanifestly unlawful;(c)when the act is reasonably necessary in order to resist
actual and unlawful violence threatened to the person, orto another person in the person’s presence;

(d)

when—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 61Schedule 1 The Criminal CodePart 1 Introductory
Chapter 5 Criminal responsibility[s 34](i)the person does or omits to do the act in order tosave himself or herself or another person, or his or
her property or the property of another person,from serious harm or detriment threatened to beinflicted by some person in a position to carry out
the threat; and(ii) the person doing the act or making the omission
reasonably believes he or she or the other person isunable otherwise to escape the carrying out of thethreat; and(iii) doing the act or making the omission is reasonably
proportionate to the harm or detriment threatened.
(2) However, this protection does not extend to an act or omission
which would constitute the crime of murder, or an offence of
which grievous bodily harm to the person of another, or an
intention to cause such harm, is an element, nor to a person
who has by entering into an unlawful association orconspiracy rendered himself or herself liable to have suchthreats made to the person.
(3) Whether an order is or is not manifestly unlawful is a questionof law.
34

Offences by partners and members of companies withrespect to partnership or corporate property

A person who, being a member of a co-partnership,
corporation, or joint stock company, does or omits to do any
act with respect to the property of the co-partnership,
corporation, or company, which, if the person were not amember of the co-partnership, corporation, or company,
would constitute an offence, is criminally responsible to thesame extent as if the person were not such member.

Page 62

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7 Sedition[s 36]

36

Application of rules(1) The provisions of this chapter apply to all persons charged
with any criminal offence against the statute law ofQueensland.
(2) Except for sections 22(3), 29 and 31, this chapter does not
apply to regulatory offences.

Part 2

Offences against public
order

Chapter 7

Sedition

44

Definition of seditious intention

An intention to effect any of the following purposes, that is to
say—
(a)

to bring the Sovereign into hatred or contempt;(b)

to excite disaffection against the Sovereign or theGovernment or Constitution of the United Kingdom orof Queensland as by law established, or against either
House of Parliament of the United Kingdom or of
Queensland, or against the administration of justice;(c)to excite the Sovereign’s subjects to attempt to procure
the alteration of any matter in the State as by law
established otherwise than by lawful means;(d)to raise discontent or disaffection amongst theSovereign’s subjects;(e)to promote feelings of ill will and enmity between
different classes of the Sovereign’s subjects;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 63

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7 Sedition[s 45]

is a seditious intention, unless it is justified by the provisionsof section 45.
45

Innocent intentions

It is lawful for any person—

46

(a)

to endeavour in good faith to show that the Sovereign
has been mistaken in any of the Sovereign’s counsels; or(b)

to point out in good faith errors or defects in thegovernment or Constitution of the United Kingdom orof Queensland as by law established, or in legislation, orin the administration of justice, with a view to thereformation of such errors or defects; or(c)to excite in good faith the Sovereign’s subjects toattempt to procure by lawful means the alteration of any
matter in the State as by law established; or(d)to point out in good faith in order to their removal any
matters which are producing or have a tendency to
produce feelings of ill will and enmity between different
classes of the Sovereign’s subjects.

Definition of seditious enterprises etc.

(1) A seditious enterprise is an enterprise which is undertaken inorder to the carrying out of a seditious intention.
(2) Seditious words are words expressive of a seditious intention.
(3) In this Code—seditious writing includes anything intended to be read, andany sign or visible representation, which is expressive of aseditious intention.
51

Unlawful drilling(1) Any person who—

Page 64

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7 Sedition[s 52](a)in contravention of the directions under a regulation,
trains or drills any other person to the use of arms or thepractice of military exercises, movements, or evolutions;or(b)is present at any meeting or assembly of persons held incontravention of the directions of any suchproclamation, for the purpose of there training or
drilling any other person to the use of arms or thepractice of military exercises, movements, or evolutions;is guilty of a crime, and is liable to imprisonment for 7 years.
(2) Any person who, at any meeting or assembly held incontravention of the directions under a regulation, is trained or
drilled to the use of arms or the practice of military exercises,
movements, or evolutions, or who is present at any suchmeeting or assembly for the purpose of being so trained or
drilled, is guilty of a misdemeanour, and is liable toimprisonment for 2 years.
(2A) The offender may be arrested without warrant.
(3) A prosecution for any of the offences defined in this section
must be begun within 6 months after the offence is committed.
52

Sedition(1) Any person who—(a)conspires with any person to carry into execution aseditious enterprise; or(b)advisedly publishes any seditious words or writing;is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
(2) If the person has been previously convicted of any suchoffence the person is guilty of a crime, and is liable toimprisonment for 7 years.
(3) A prosecution for any of the offences defined in this section
must be begun within 6 months after the offence is committed.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 65

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7A Serious vilification and prohibited symbols[s 52A](4) A person can not be convicted of any of the offences definedin this section upon the uncorroborated testimony of 1
witness.

Chapter 7A

52A

Serious vilification andprohibited symbols

Offence of serious racial, religious, sexuality or gender
identity vilification(1) A person must not, by a public act, knowingly or recklessly
incite hatred towards, serious contempt for, or severe ridiculeof, a person or group of persons on the ground of the race,
religion, sexuality or gender identity of the person or membersof the group in a way that includes—(a)threatening physical harm towards, or towards any
property of, the person or group of persons; or(b)inciting others to threaten physical harm towards, or
towards any property of, the person or group of persons.

Maximum penalty—3 years imprisonment.
(2) In this section—
public act—(a)includes—(i)any form of communication to the public,
including by speaking, writing, printing,displaying notices, broadcasting, telecasting,screening or playing of tapes or other recordedmaterial, or by electronic means; and(ii) any conduct that is observable by the public,
including actions, gestures and the wearing or
display of clothing, signs, flags, emblems orinsignia; but
Page 66

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7A Serious vilification and prohibited symbols[s 52B](b)

52B

does not include the distribution or dissemination of any
matter by a person to the public if the person does notknow, and could not reasonably be expected to know,
the content of the matter.

Circumstances of aggravation for particular offences(1) It is a circumstance of aggravation for a prescribed offence
that the offender was wholly or partly motivated to commit
the offence by hatred or serious contempt for a person orgroup of persons based on—(a)in relation to a person—the race, religion, sexuality, sex
characteristics or gender identity of the person, or
presumed race, religion, sexuality, sex characteristics orgender identity of the person; or(b)in relation to a group of persons—the race, religion,
sexuality, sex characteristics or gender identity shared,or presumed to be shared, by the members of the group.

(2) In this section—prescribed offence means an offence against any of thefollowing sections—

52C

(a)

section 69;(b)section 75;(c)section 207;(d)

section 335;(e)section 339;(f)section 359;(g)

section 359E;(h)section 469.

Prohibited symbols(1) A prohibited symbol is a symbol or image—Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 67

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7A Serious vilification and prohibited symbols[s 52C](a)prescribed by regulation for this section; or(b)that so nearly resembles a symbol referred to inparagraph (a) that it is likely to be confused with or
mistaken for that symbol.

(2) A regulation under subsection (1)(a)—(a)

must prescribe the symbol or image as a graphic
representation of the symbol or image; and(b)

may not prescribe the symbol or image by describing aclass of symbols or images.

(3) The Minister may recommend to the Governor in Council the
making of a regulation under subsection (1)(a) only if the
Minister is satisfied the symbol or image—(a)

is widely known by the public as being solely or
substantially representative of an ideology of extreme
prejudice against a relevant group; or(b)

is widely known by members of a relevant group as
being solely or substantially representative of an
ideology of extreme prejudice against that group.

(4) Also, the Minister must, before making the recommendation,
consult with each of the following persons about the proposed
recommendation—(a)the chairperson
Commission;

of

the

Crime

and

Corruption(b)

the Human Rights Commissioner
Anti-Discrimination Act 1991;(c)

the commissioner of the police service under the Police
Service Administration Act 1990.

under

the

(5) In this section—
relevant group means a group of persons who identify witheach other on the basis of an attribute or characteristic that is,
or is based on, the race, religion, sexuality, sex characteristics
or gender identity of the persons.
Page 68

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 7A Serious vilification and prohibited symbols[s 52D]

52D

Display, distribution or publication of prohibited symbols(1) A person who publicly distributes, publishes or publicly
displays a prohibited symbol in a way that might reasonably
be expected to cause a member of the public to feel menaced,harassed or offended, commits an offence, unless the person
has a reasonable excuse.
Maximum penalty—70
imprisonment.

penalty

units

or

6

months(2) Without limiting what may be a reasonable excuse forsubsection (1), a person has a reasonable excuse if—(a)any of the following apply—(i)the person engaged in the conduct that is alleged toconstitute the offence for a genuine artistic,
religious, educational, historical, legal or law
enforcement purpose;(ii) the person engaged in the conduct that is alleged toconstitute the offence for a purpose that is in the
public interest;
Examples for subparagraph (ii)—•publication of a fair and accurate report of an event or
matter of public interest•a genuine political or other genuine public dispute or
issue carried on in the public interest(iii) the person engaged in the conduct that is alleged toconstitute the offence in opposition to the ideology
represented by the prohibited symbol; and(b)the person’s conduct was, in the circumstances,
reasonable for that purpose.

(3) An evidential burden is placed on the defendant in relation toshowing a reasonable excuse for subsection (1).
(4) For subsection (1), a person publicly displays a prohibited
symbol if the person—(a)displays the symbol—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 69

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 53](i)in a place that the public is entitled to use, is open
to members of the public or is used by the public,
whether or not on payment of money; or(ii) in a place the occupier of which allows, whether or
not on payment of money, members of the public
to enter; or(b)displays the symbol in a way that is visible from a place
mentioned in paragraph (a).

(5) To remove any doubt, it is declared that, for subsection (1)—(a)

the offence is committed at the time when the person
distributes, publishes or displays the prohibited symbol;
and

(b)

it is irrelevant whether or not a member of the public has
seen the prohibited symbol because of the distribution,
publication or display.

Chapter 8

Offences against the executive
and legislative power

53

Evidence of proceedings in the Assembly allowed forprosecution(1) Despite the Parliament of Queensland Act 2001, section 8,
evidence of anything said or done during proceedings in the
Assembly may be given in a proceeding against a person for
an offence under this chapter to the extent necessary toprosecute the person for the offence.
(2) Subsection (1) does not limit the Parliament of Queensland
Act 2001, section 36.
(3) In this section—
proceedings in the Assembly see the Parliament ofQueensland Act 2001, section 9 and schedule.
Page 70

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 54]

54

Interference with Governor or Ministers(1) Any person who—(a)does any act with intention to interfere with the free
exercise by the Governor of the duties or authority of theGovernor’s office; or(b)does any act with intention to interfere with the free
exercise by a member of the Executive Council of theduties or authority of the member’s office as a memberof the Executive Council or as a Minister of State;is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
(2) The offender may be, and it is hereby declared that theoffender always was liable to be, arrested without warrant.
54A

Demands with menaces upon agencies of government(1) Any person who demands that anything be done or omitted to
be done or be procured by—(a)the Government of Queensland or a person in theemployment of the Crown in right of Queensland, in
performance of the duties of the person’s employment orotherwise in the person’s official capacity; or(b)

the Governor, in his or her role of Governor; or(c)a Minister of the Crown, in his or her office as Ministeror as a member of the Executive Council of Queensland;or(d)a government corporation, in discharge of its functions
conferred by law, or a person in the employment of agovernment corporation, in performance of the duties ofthe person’s employment or otherwise in the person’s
official capacity;with threats of detriment of any kind to be caused to any
person aforesaid or any other person or to the public or any
member or members of the public or to property, by theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 71

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 54A]

offender or by any other person, if the demand is not compliedwith is guilty of a crime and is liable to imprisonment for 14
years.
(2) A person is not criminally responsible for an act referred to in
subsection (1) if the detriment is threatened to himself or
herself only or to property of which the person is the soleowner.
(3) It is immaterial to the commission of an offence defined inthis section that—(a)the demand or threat is made by means of a medium
ordinarily used for disseminating information to the
public and not to a particular person; or(b)the threat does not specify the detriment that is to becaused or the person or persons to whom or the property
to which it is to be caused.

(4) If the carrying out of the threat would be likely to cause—(a)loss of life or serious personal injury to any person; or(b)substantial economic loss—(i)to the Crown; or(ii) to a government corporation; or(iii) in any industrial or commercial activity whether
conducted by a public authority or as a private
enterprise;
the offender is liable to imprisonment for life and if, inaddition, the offender or another person on the offender’sbehalf has carried out the threat and thereby caused a
consequence specified in this subsection or has by some overt
act begun to prepare for the carrying out of the threat, theoffender is liable to imprisonment for life, which can not be
mitigated or varied under this Code or any other law or isliable to an indefinite sentence under part 10 of the Penalties
and Sentences Act 1992.

Page 72

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 55](5) A prosecution for an offence defined in this section shall not
be commenced without the consent of the Attorney-General.
(6) For the purposes of this section—
detriment includes destruction of or damage to—(a)flora or fauna protected by or under an Act; or(b)

any place, thing or living creature or plant that by reasonof its cultural, educational, environmental, historical,
recreational, religious or scientific significance is ofsubstantial public interest or concern;and, in the absence of proof that any such item destroyed ordamaged was or is the property of a particular person, shall bedeemed to be detriment to the Crown.
government corporation means any body corporate or
corporation sole constituted by or under an Act that represents
the Crown or that is declared under a regulation to be agovernment corporation for the purposes of this section.
55

Interference with the Legislature(1) Any person who, by force or fraud, intentionally interferes or
attempts to interfere with the free exercise by the Legislative
Assembly of its authority, or with the free exercise by any
member of the Legislative Assembly of the member’s duties
or authority as such member, or as a member of a committeeof the Legislative Assembly is guilty of a misdemeanour, andis liable to imprisonment for 3 years.
(2) The offender may be, and it is hereby declared that theoffender always was liable to be, arrested without warrant.
56

Disturbing the Legislature(1) A person who, while the Legislative Assembly is in session,
intentionally—(a)disturbs the Assembly; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 73

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 56A](b)commits any disorderly conduct in the immediate view
and presence of the Assembly, tending to interrupt its
proceedings or to impair the respect due to its authority;commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) A person may be arrested without warrant.
56A

Disturbance in House when Parliament not sitting(1) Any person creating or joining in any disturbance inParliament House or within the precincts thereof at any timeother than during an actual sitting of Parliament therein or at
the office or residence of the Governor or of any member ofthe Legislative Assembly or of the Executive Council shall be
guilty of an offence and—(a)if the person created or joined in such disturbance inParliament House or within the precincts thereof—may
be apprehended without warrant on the verbal order of
the Speaker or, in the Speaker’s absence, of the clerk of
the Parliament, or of the person for the time being
discharging the duties of the office of the clerk of the
Parliament, and may be kept in custody by any officer ofParliament or by any police officer; or(b)

if the person created or joined in such disturbance at theoffice or residence of the Governor or of any member ofthe Legislative Assembly or of the Executive
Council—may be apprehended without warrant on theverbal order of the Governor or, as the case may be,member of the Legislative Assembly or of the Executive
Council concerned, and may be kept in custody by any
police officer.

(2) Such person may be so kept in custody until the person can be
dealt with in the manner following, that is to say—(a)
Page 74

every such person shall, as soon as reasonably may be,
be brought before a magistrate without formal written
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 56B]

complaint and there and then charged with such offence
and summarily dealt with according to law;
(b)

56B

any such person on summary conviction shall be liable
to a fine of 100 penalty units or imprisonment for a term
not exceeding 2 years.

Going armed to Parliament House(1) Any person who without lawful excuse being armed enters or
is found in Parliament House or in any of the grounds thereof
or in any building in or upon such grounds is guilty of an
offence and is liable on summary conviction to a fine of 100
penalty units with or without imprisonment for a term notexceeding 2 years.
(1A) The offender may be arrested without warrant.
(2) On the conviction of a person for an offence against
subsection (1), any arms found in the person’s possession orunder the person’s control are forfeited to the State.
(3) For the purposes of this section—
armed shall mean having in the person’s possession or under
the person’s immediate control whether concealed or not—(a)any firearm whatsoever loaded or unloaded and whether
capable of projecting a missile or not; or(b)

any bomb or other explosive matter, machine, or device
mechanical or otherwise capable of causing injury to
any person or damage to any property or any dangerous
or offensive weapon or instrument; or(c)

any corrosive substance;

and the word arms shall have a correlative meaning.
57

False evidence before Parliament(1) A person who, during an examination before the Legislative
Assembly or a committee, knowingly gives a false answer to a
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 75

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 58]

lawful and relevant question put to the person during theexamination commits a crime.
Maximum penalty—7 years imprisonment.
(2) A person can not be arrested without warrant.
(3) To remove any doubt, it is declared that a member of theLegislative Assembly does not give an answer during an
examination before the Legislative Assembly only because
the member answers a question during Question Time, adebate or the conduct of other daily business of the Legislative
Assembly.
(4) A person can not be convicted of an offence under this section
on the uncorroborated testimony of 1 witness.
(5) In this section—committee see the Parliament of Queensland Act 2001,
schedule.
person includes a member of the Legislative Assembly.
proceedings in the Assembly see the Parliament ofQueensland Act 2001, section 9 and schedule.
58

Witness refusing to attend, answer question or produce athing before Legislative Assembly or authorisedcommittee(1) A person who—

Page 76(a)

fails to attend before the Legislative Assembly as
required under the Parliament of Queensland Act 2001,
section 29; or(b)fails to attend before an authorised committee as
required under the Parliament of Queensland Act 2001,
section 30(4); or(c)fails to answer a question asked by the Assembly, or to
produce a document or other thing to the Assembly, as
required under the Parliament of Queensland Act 2001,
section 32(6); or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 8 Offences against the executive and legislative power[s 59](d)fails to answer a question asked by an authorisedcommittee, or to produce a document or other thing toan authorised committee, as required under the
Parliament of Queensland Act 2001, section 33(8);commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(2) A person can not be convicted of an offence against
subsection (1)(a) or (b) if the Assembly has excused theperson for the failure mentioned in the subsection.
(3) In this section—authorised committee see the Parliament of Queensland Act
2001, schedule.
59

Member of Parliament receiving bribes(1) Any person who, being a member of the Legislative
Assembly, asks for, receives, or obtains, or agrees or attempts
to receive or obtain, any property or benefit of any kind for
himself, herself or any other person upon any understandingthat the person’s vote, opinion, judgment, or action, in theLegislative Assembly, or in any committee thereof, shall be
influenced thereby, or shall be given in any particular manner
or in favour of any particular side of any question or matter, isguilty of a crime, and is liable to imprisonment for 7 years,
and is disqualified from sitting or voting as a member of theLegislative Assembly for 7 years.
(2) The offender can not be arrested without warrant.
60

Bribery of member of Parliament(1) Any person who—(a)in order to influence a member of the Legislative
Assembly in the member’s vote, opinion, judgment, or
action, upon any question or matter arising in theLegislative Assembly or in any committee thereof or in

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 77

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9 Breaches of the peace[s 61]

order to induce the member to absent himself or herself
from the Assembly or from any such committee, gives,
confers, or procures, or promises or offers to give orconfer, or to procure or attempt to procure, any property
or benefit of any kind to, upon, or for, such member, or
to, upon, or for, any other person; or(b)attempts, directly or indirectly, by fraud, or by threats or
intimidation of any kind, to influence a member of theLegislative Assembly in the member’s vote, opinion,
judgment, or action, upon any such question or matter,or to induce the member to so absent himself or herself;

is guilty of a crime, and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
(3) Where a person has been convicted (whether before or after 1
July 1922) of an offence under this section, all property which
has been tendered or produced in evidence at the trial of theoffender, as being the property or part of the property which
the offender in the course of the commission of such offence
gave, conferred or procured, or promised or offered to give, orconfer or to procure, or attempt to procure, to, upon, or for amember of the Legislative Assembly, or to, upon, or for any
other person, shall become and be deemed to have become
forthwith upon such conviction and without any further
judgment or order the absolute property of the Sovereign,whether such property is the property of the offender or of any
other person.

Chapter 961

Breaches of the peace

Riot(1) If—Page 78

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9 Breaches of the peace[s 61](a)12 or more persons who are present together (assembled
persons) use or threaten to use unlawful violence to aperson or property for a common purpose; and(b)the conduct of them taken together would cause a personin the vicinity to reasonably fear for the person’s
personal safety;

each of the assembled persons commits the crime of taking
part in a riot.
Maximum penalty—(a)if the offender causes grievous bodily harm to a person,
causes an explosive substance to explode or destroys or
starts to destroy a building, vehicle or machinery—life
imprisonment; or

(b)

if—
(i)

the offender is armed with a dangerous or offensive
weapon, instrument or explosive substance; or(ii) property is damaged, whether by the offender oranother of the assembled persons—7 years
imprisonment; or(c)otherwise—3 years imprisonment.

(2) For subsection (1)(b), it is immaterial whether there is or is
likely to be a person in the vicinity who holds the fear
mentioned in the subsection.
(2A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(2B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(3) In this section—building includes structure.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 79

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9 Breaches of the peace[s 69]

vehicle means a motor vehicle, train, aircraft or vessel.
69

Going armed so as to cause fear

(1) Any person who goes armed in public without lawful
occasion in such a manner as to cause fear to any person is
guilty of a misdemeanour, and is liable to imprisonment for 2
years.
(2) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 3 years.
(3) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 3 years.
(4) The offender may be, and it is hereby declared that theoffender always was liable to be, arrested without warrant.
(5) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
material includes an electronic document.
70

Forcible entry(1) Any person who, in a manner likely to cause, or cause
reasonable fear of, unlawful violence to a person or toproperty, enters on land which is in the actual and peaceable
possession of another commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(2) It is immaterial whether the person is entitled to enter on theland or not.

Page 80

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9 Breaches of the peace[s 71]

71

Forcible detainer

Any person who, being in actual possession of land without
colour of right, holds possession of it, in a manner likely tocause, or cause reasonable fear of, unlawful violence to aperson or to property, against a person entitled by law to thepossession of the land commits a misdemeanour.
Maximum penalty—2 years imprisonment.
72

Affray(1) Any person who takes part in a fight in a public place, or takes
part in a fight of such a nature as to alarm the public in any
other place to which the public have access, commits a
misdemeanour.
Maximum penalty—1 year’s imprisonment.
(2) The Penalties and Sentences Act 1992, section 108B states acircumstance of aggravation for an offence against thissection.
74

Prize fightAny person who fights in a prize fight, or subscribes to or
promotes a prize fight, is guilty of a misdemeanour, and isliable to imprisonment for 1 year.
75

Threatening violence(1) Any person who—(a)with intent to intimidate or annoy any person, by words
or conduct threatens to enter or damage a dwelling orother premises; or(b)with intent to alarm any person, discharges loaded
firearms or does any other act that is likely to cause any
person in the vicinity to fear bodily harm to any person
or damage to property;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 81Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9 Breaches of the peace[s 76]

commits a crime.
Maximum penalty—2 years imprisonment.
(2) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 3 years.
(3) If the offence is committed in the night the offender is guilty
of a crime, and is liable to imprisonment for 5 years.
76

Recruiting person to become participant in criminalorganisation(1) A person who—(a)

is a participant in a criminal organisation or is subject toa control order or a registered corresponding control
order; and(b)recruits, or attempts to recruit, another person to
become, or associate with, a participant in a criminalorganisation;commits a misdemeanour.
Maximum penalty—500
imprisonment.

penalty

units

or

5

years

(2) In this section—
control order see the Penalties and Sentences Act 1992,
section 161N.
recruit, a person to become, or associate with, a participant ina criminal organisation, includes counsel, procure, solicit,
incite and induce the person, including by promoting theorganisation, to become, or associate with, a participant in theorganisation.
registered corresponding control order see the Penalties andSentences Act 1992, section 161N.

Page 82

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9A Consorting[s 77]

Chapter 9A
77

Consorting

Definitions for chapter

In this chapter—
consort see section 77A.
conviction means a finding of guilt, or the acceptance of aplea of guilty, by a court.
recognised offender means an adult who has a recorded
conviction, other than a spent conviction, for a relevant
offence (whether on indictment or summary conviction).
relevant offence means—(a)an indictable offence for which the maximum penalty is
at least 5 years imprisonment, including an offence
against a repealed provision of an Act; or(b)

an offence against—(i)any of the following provisions of this Code—•section 61(1), if the penalty, paragraph (c)applies•section 69•

section 75•

section 77B•

section 130•

section 317A(2)•section 327•

section 355•

section 408D•

section 413•

section 414; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 83

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9A Consorting[s 77A](ii) any of the following provisions of the Weapons Act
1990—

77A

•

section 50(1), if the penalty, paragraph (c)(ii)or (iii) applies•

section 50B(1),ifparagraph (c)(iii) applies•

section 57(3) or (4)•section 58•

section 61•

section 62•

section 63•

section 69(1A), if the penalty, paragraph (c)applies•section 151B•

section 151D; orthepenalty,(c)an offence against the law of another State or the
Commonwealth, or a place outside Australia, that, if theoffence had been committed in Queensland, would be arelevant offence under paragraph (a) or (b); or(d)an offence against either of the following provisions—•the Criminal Code (Cwlth), section 102.8•

the Crimes Act 1900 (NSW), section 310J.

Meaning of consort(1) A person consorts with another person if the person associateswith the other person in a way that involves seeking out, or
accepting, the other person’s company.
(2) For subsection (1), the person’s association with the otherperson need not have a purpose related to criminal activity.

Page 84

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9A Consorting[s 77B](3) Also, for subsection (1), it does not matter whether the
person’s association with the other person happens in person
or in another way, including, for example, electronically.
77B

Habitually consorting with recognised offenders(1) A person commits a misdemeanour if—(a)the person habitually consorts with at least 2 recognised
offenders, whether together or separately; and(b)

at least 1 occasion on which the person consorts witheach recognised offender mentioned in paragraph (a)happens after the person has been given an official
warning for consorting in relation to the offender.

Maximum penalty—300
imprisonment.

penalty

units

or

3

years

(2) For subsection (1), a person does not habitually consort witha recognised offender unless the person consorts with theoffender on at least 2 occasions.
(3) This section does not apply to a child.
(4) In this section—
official warning, for consorting, see the Police Powers andResponsibilities Act 2000, section 53BAA.
77C

Particular acts of consorting to be disregarded(1) In a proceeding against a person for an offence against
section 77B(1), the following acts of consorting must be
disregarded if the consorting was reasonable in thecircumstances—(a)consorting with a recognised offender who is a closefamily member of the person;(b)consorting with a recognised offender while the personis—Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 85

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9A Consorting[s 77C](i)

genuinely conducting a lawful business or
genuinely engaging in lawful employment or alawful occupation; or(ii) genuinely receiving education or training at an
educational institution; or(iii) genuinely obtaining education or training at an
educational institution for a dependent child of theperson; or(iv) receiving a health service; or(v) obtaining a health service for a dependent child of
the person; or(vi) obtaining legal services; or(vii) complying with a court order; or(viii) being detained in lawful custody.
(2) Proof that the consorting was reasonable in the circumstances
lies on the person.
(3) For subsection (1), it is not reasonable for a person to consort
with a recognised offender if the purpose (or 1 of the
purposes) of the consorting is related to criminal activity.
(4) In this section—
Australian Association of Social Workers means Australian
Association of Social Workers Ltd ACN 008 576 010.
Australian Register of Counsellors and Psychotherapists
means
Australian
RegisterofCounsellors
andPsychotherapists Pty Ltd ACN 110 047 197.
child includes stepchild.
close family member, of a person—(a)means—(i)a spouse of the person; or(ii) someone with whom the person shares parental
responsibility for a child; orPage 86

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 9A Consorting[s 77C](iii) a parent or step-parent of the person; or(iv) a child of the person; or(v) a grandparent or step-grandparent of the person; or(vi) a grandchild or step-grandchild of the person; or(vii) a brother, sister, stepbrother or stepsister of theperson; or(viii) an aunt or uncle of the person; or(ix) a niece or nephew of the person; or(x) a first cousin of the person; or(xi) a brother-in-law, sister-in-law, parent-in-law,son-in-law or daughter-in-law of the person; and(b)

includes—(i)for an Aboriginal person—a person who, under
Aboriginal tradition, is regarded as a person
mentioned in paragraph (a); and(ii) for a Torres Strait Islander—a person who, underIsland custom, is regarded as a person mentioned
in paragraph (a).
dependent child, of a person, means a child of the person who
is dependent on the person for support.
educational institution means—(a)an approved education and care service under the
Education and Care Services National Law(Queensland); or(b)a State educational institution or non-State school under
the Education (General Provisions) Act 2006; or(c)a registered higher education provider under the Tertiary
Education Quality and Standards Agency Act 2011
(Cwlth); or

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 87

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 10 Offences against political liberty[s 78](d)a registered training organisation under the National
Vocational Education and Training Regulator Act 2011
(Cwlth).

health service means a service for managing a person’s
physical or mental health, including drug and alcohol
counselling, that is provided by—(a)a registered health practitioner or student under the
Health Practitioner Regulation National Law(Queensland); or(b)a counsellor or psychotherapist registered with theAustralian
RegisterofCounsellors
andPsychotherapists; or(c)a social worker registered with the Australian
Association of Social Workers.

legal services means legal services within the meaning of theLegal Profession Act 2007 that are provided by an Australianlegal practitioner within the meaning of that Act.

Chapter 10

78

Offences against politicalliberty

Interfering with political liberty(1) Any person who by violence, or by threats or intimidation of
any kind, hinders or interferes with the free exercise of any
political right by another person, is guilty of a misdemeanour,and is liable to imprisonment for 2 years.
(2) If the offender is a public officer, and commits the offence inabuse of the offender’s authority as such officer, the offender
is liable to imprisonment for 3 years.

Page 88

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 2 Offences against public order
Chapter 11 Piracy[s 79]

Chapter 11
79

PiracyDefinition of act of piracy(1) A person does an act of piracy if the person, in relation to aship travelling at sea, unlawfully—(a)boards the ship without the master’s consent and withintent—(i)

to commit robbery; or(ii) to deal with the ship, a person on the ship or theequipment of the ship in a way that would be likely
to endanger the safe use of the ship; or(b)boards the ship without the master’s consent and—(i)commits robbery; or(ii) deals with the ship, a person on the ship or theequipment of the ship in a way that is likely toendanger the safe use of the ship; or(c)steals the ship, or directly or indirectly takes control ofthe ship without the master’s consent, in circumstancesthat constitute robbery; or(d)having taken possession of the ship in contravention ofparagraph (c), retains possession of the ship; or(e)confines the ship’s master against his or her will.

(2) A person also does an act of piracy if the person—(a)trades with or supplies provisions to a pirate when the
person knows or ought reasonably to know the person isdealing with a pirate; or(b)builds a ship with the intention that the ship will be used
for an act of piracy.

(3) In this section—builds includes fits out.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 89

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 12 Unlawfully obtaining or disclosing information[s 80]

master means the person having command or charge of theship and does not include a pilot having the conduct of theship, but not belonging to the ship.
pirate means a person carrying out or intending to carry out an
act of piracy.
80

Crime of piracy

A person who does an act of piracy commits a crime.
Maximum penalty—life imprisonment.

Part 3

Offences against theadministration of law andjustice, against office andagainst public authority

Chapter 12

Unlawfully obtaining or
disclosing information

85

Disclosure of official secrets

A person who is or has been employed as a public officer who
unlawfully publishes or communicates any information thatcomes or came to his or her knowledge, or any document thatcomes or came into his or her possession, by virtue of theperson’s office, and that it is or was his or her duty to keep
secret, commits a misdemeanour.
Maximum penalty—2 years imprisonment.

Page 90

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 12 Unlawfully obtaining or disclosing information[s 86]

86

Obtaining of or disclosure of secret information about theidentity of informant(1) A person who, without lawful justification or excuse, obtains
or attempts to obtain secret information in the possession of alaw enforcement agency or law enforcement officer about theidentity of a criminal organisation informant commits a crime.
Maximum penalty—10 years imprisonment.
(2) A person who, without lawful justification or excuse,publishes or communicates secret information in thepossession of, or obtained from, a law enforcement agency orlaw enforcement officer about the identity of a criminalorganisation informant commits a crime.
Maximum penalty—10 years imprisonment.
(3) In this section—
criminal intelligence means information relating to actual orsuspected criminal activity (including information thecommissioner has obtained through the police service or froman external agency), whether in the State or elsewhere, thedisclosure of which could reasonably be expected to—(a)prejudice a criminal investigation; or(b)enable the discovery of the existence or identity of aconfidential source of information relevant to law
enforcement; or(c)endanger a person’s life or physical safety.

criminal organisation informant means any of thefollowing—(a)anyone who has given, to the police service or an
external agency, information that the commissioner
reasonably believes is criminal intelligence about acriminal organisation or a participant in a criminalorganisation, and who is not a police officer or officer ofthe external agency;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 91

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 12 Unlawfully obtaining or disclosing information[s 86](b)an authorised officer who has obtained information in
relation to the activities of a criminal organisation while
acting under the Police Powers and Responsibilities Act
2000, chapter 12;(c)a police officer who has obtained information throughthe use of an assumed identity, whether or not under the
Police Powers and Responsibilities Act 2000,
chapter 12.

external agency means any of the following—(a)the Crime and Corruption Commission;(b)

the Australian Federal Police;(c)a police force or service of another State;(d)the chief executive (corrective services);(e)an officer of another State with powers and functions
substantially corresponding to the powers and functionsof the chief executive (corrective services) under the
Corrective Services Act 2006;(f)

another entity—(i)established under a law of another jurisdiction,
including a jurisdiction outside Australia; and(ii) with functions that include investigating or
inquiring into criminal conduct, misconduct or
corruption (whether or not the functions are statedin the law mentioned in subparagraph (i)); and(iii) declared by regulation to be an external agency.
information, about the identity of a criminal organisation
informant, includes information that is likely to lead to theidentity of the informant becoming known.
officer, of an external agency, includes a person employed by
the agency, seconded to the agency or engaged by the agency
under a contract for services.

Page 92

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 87]

secret information, in the possession of a law enforcement
agency or law enforcement officer, means information it is theduty of the agency or officer to keep secret.

Chapter 13
87

Corruption and abuse of office

Official corruption(1) Any person who—(a)being employed in the public service, or being theholder of any public office, and being charged with theperformance of any duty by virtue of such employment
or office, not being a duty touching the administration ofjustice, corruptly asks for, receives, or obtains, or agrees
or attempts to receive or obtain, any property or benefitof any kind for himself, herself or any other person on
account of anything already done or omitted to be done,or to be afterwards done or omitted to be done, by the
person in the discharge of the duties of the person’s
office; or(b)corruptly gives, confers, or procures, or promises oroffers to give or confer, or to procure or attempt to
procure, to, upon, or for, any person employed in the
public service, or being the holder of any public office,or to, upon, or for, any other person, any property or
benefit of any kind on account of any such act oromission on the part of the person so employed or
holding such office;is guilty of a crime, and is liable to imprisonment for 7 years,
and to be fined at the discretion of the court.
(1A) If the offence is committed by or in relation to a Minister of
the Crown, as the holder of public office mentioned insubsection (1), the offender is liable to imprisonment for 14
years, and to be fined at the discretion of the court.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 93

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 88](1B) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(1C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) The offender can not be arrested without warrant.
88

Extortion by public officers

Any person who, being employed in the public service, takesor accepts from any person, for the performance of theperson’s duty as such officer, any reward beyond the person’s
proper pay and emoluments, or any promise of such reward, isguilty of a misdemeanour, and is liable to imprisonment for 3
years.
89

Public officers interested in contracts(1) Any person who, being employed in the public service,knowingly acquires or holds, directly or indirectly, otherwise
than as a member of a registered joint stock company
consisting of more than 20 persons, a private interest in any
contract or agreement which is made on account of the public
service with respect to any matter concerning the departmentof the service in which the person is employed (the relevant
department), is guilty of a misdemeanour, and is liable toimprisonment for 3 years, and to be fined at the discretion of
the court.
(2) However, the person does not commit an offence against
subsection (1) if, before the person acquires or starts to holdthe private interest—(a)Page 94

the person discloses the nature of the interest to the chief
executive of the relevant department; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 90](b)

the chief executive of the relevant department authorises
the person, in writing, to acquire or hold the interest.

(3) In a proceeding against a person for an offence against
subsection (1), proof of the matters mentioned insubsection (2) lies on the person.
(4) The chief executive of a department may delegate the chief
executive’s function under subsection (2) to an appropriately
qualified person.
(5) A reference in subsection (1) to a person employed in the
public service includes a ministerial staff member under the
Ministerial and Other Office Holder Staff Act 2010 and, forthat purpose—(a)a ministerial staff member employed in the office of a
Minister is taken to be employed in each department
administered by the Minister; and(b)a ministerial staff member employed in the office of an
Assistant Minister is taken to be employed in eachdepartment for which the Assistant Minister is given
responsibility under his or her functions.
Note—
Under the Constitution of Queensland 2001, section 25, anAssistant Minister has the functions decided by the Premier.

(6) In this section—function includes power.
90

Officers charged with administration of property of a
special character or with special duties

Any person who, being employed in the public service, andbeing charged by virtue of the person’s employment with any
judicial or administrative duties respecting property of a
special character, or respecting the carrying on of any
manufacture, trade, or business, of a special character, andhaving acquired or holding, directly or indirectly, a privateinterest in any such property, manufacture, trade, or business,
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 95

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 91]

discharges any such duties with respect to the property,
manufacture, trade, or business, in which the person has suchinterest, or with respect to the conduct of any person in
relation thereto, is guilty of a misdemeanour, and is liable toimprisonment for 1 year, and to be fined at the discretion of
the court.
91

False claims by officials

Any person who, being employed in the public service in sucha capacity as to require the person or to enable the person to
furnish returns or statements touching any remuneration
payable or claimed to be payable to himself, herself or to any
other person, or touching any other matter required by law tobe certified for the purpose of any payment of money ordelivery of goods to be made to any person, makes a return orstatement touching any such matter which is, to the person’s
knowledge, false in any material particular, is guilty of amisdemeanour, and is liable to imprisonment for 3 years.
92

Abuse of office(1) Any person who, being employed in the public service, doesor directs to be done, in abuse of the authority of the person’s
office, any arbitrary act prejudicial to the rights of another isguilty of a misdemeanour, and is liable to imprisonment for 2
years.
(2) If the act is done or directed to be done for purposes of gain,
the person is liable to imprisonment for 3 years.
92A

Misconduct in relation to public office(1) A public officer who, with intent to dishonestly gain a benefit
for the officer or another person or to dishonestly cause a
detriment to another person—

Page 96(a)deals with information gained because of office; or(b)performs or fails to perform a function of office; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 92A](c)

without limiting paragraphs (a) and (b), does an act ormakes an omission in abuse of the authority of office;is guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) A person who ceases to be a public officer in a particular
capacity is guilty of a crime if, with intent to dishonestly gaina benefit for the person or another person or to dishonestly
cause a detriment to another person, the person deals withinformation gained because of the capacity.
Maximum penalty—7 years imprisonment.
(3) Subsection (2) applies whether or not the person continues tobe a public officer in some other capacity.
(4) A reference in subsections (1) and (2) to information gained
because of office or a particular capacity includes information
gained because of an opportunity provided by the office or
capacity.
(4A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(4B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(5) In this section—authority, of office, includes the trust imposed by office andthe influence relating to office.
deals with includes the following—
(a)

uses;

(b)

supplies;(c)copies;(d)publishes.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 97

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 93]

function includes power.
information includes knowledge.
office, in relation to a person who is a public officer, means
the position, role or circumstance that makes the person apublic officer.
performs includes purportedly performs and in relation to a
power, exercises and purportedly exercises.
93

Corruption of surveyor and valuator

Any person who, being duly appointed under any statute to bea valuator for determining the compensation to be paid to any
person for land compulsorily taken from the person under theauthority of any statute, or for injury done to any land under
the authority of any statute—(a)acts as such valuator while the person has, to theperson’s knowledge, an interest in the land in question;or(b)

executes unfaithfully, dishonestly, or with partiality, theduty of making a valuation of the land or of the extent of
the injury;

is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
94

False certificates by public officers

Any person who, being authorised or required by law to giveany certificate touching any matter by virtue whereof therights of any person may be prejudicially affected, gives acertificate which is, to the person’s knowledge, false in any
material particular is guilty of a misdemeanour, and is liable
to imprisonment for 3 years.

Page 98

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 13 Corruption and abuse of office[s 95]

95

Administering extrajudicial oaths(1) Any person who administers an oath, or takes a solemn
declaration or affirmation or affidavit, touching any matterwith respect to which the person has not by law any authority
to do so, is guilty of a misdemeanour, and is liable toimprisonment for 1 year.
(2) This section does not apply to an oath, declaration,affirmation, or affidavit, administered or taken before a justicein any matter relating to the preservation of the peace or thepunishment of offences, or relating to inquiries respecting
sudden death, or to proceedings before the Legislative
Assembly or a committee of the Legislative Assembly; nor toan oath, declaration, affirmation, or affidavit, administered or
taken for some purpose which is lawful under the laws ofanother country, or for the purpose of giving validity to an
instrument in writing which is intended to be used in anothercountry.
96

False assumption of authority

Any person who—(a)

not being a justice assumes to act as a justice; or(b)without authority assumes to act as a person having
authority by law to administer an oath or take a solemn
declaration or affirmation or affidavit, or to do any otheract of a public nature which can only be done by persons
authorised by law to do so; or(c)represents himself or herself to be a person authorisedby law to sign a document testifying to the contents ofany register or record kept by lawful authority, or
testifying to any fact or event, and signs such document
as being so authorised, when the person is not, andknows that the person is not, in fact, so authorised;

is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 99

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 97]

97

Personating public officers(1) A person who—(a)personates a public officer on an occasion when theofficer is required or authorised to do an act or attend ina place by virtue of the officer’s office; or(b)falsely represents himself or herself to be a public
officer, and assumes to do an act or to attend in a place
for the purpose of doing an act by virtue of being that
officer;

commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) A person found committing the offence may be arrested
without warrant.
(3) In this section—
office includes appointment and employment.

Chapter 14

Corrupt and improper practices
at elections

Chapter division 1
98

Definitions for ch 14

Definitions

In this chapter—authorising Act, for an election, means the Act under which
the election is held.
ballot box includes any receptacle in which voting papers are
put before being counted at an election.

Page 100

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 98A]election includes any election held under the authority of any
statute providing for the choice of persons to fill any office orplace of a public character.
elector includes any person entitled to vote at an election.

Chapter division 2

98A

Legislative Assembly
elections and referendums

Reference to election or referendum

In this chapter division—

98B

(a)

a reference to an election is a reference to an election ofa member or members of the Legislative Assembly; and(b)a reference to a referendum is a reference to areferendum under the Referendums Act 1997.

False or misleading information(1) A person who gives information to the Electoral Commissionof Queensland under the Electoral Act 1992 or Referendums
Act 1997, including information in a document, that theperson knows is false or misleading in a material particular is
guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) Subsection (1) does not apply to a person giving a document
if, when giving the document to someone, the person—(a)informs the other person, to the best of the person’s
ability, how it is false or misleading; and(b)

if the person has, or can reasonably obtain, the correct
information—gives the other person the correct
information.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 101

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 98C]

98C

Bribery(1) A person who—(a)asks for or receives; or(b)offers, or agrees, to ask for or receive;a benefit of any kind, whether for himself or herself or forsomeone else, on the understanding that the person’s election
conduct will be influenced or affected is guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) A person who, in order to influence or affect another person’s
election conduct, gives a benefit of any kind to anyone isguilty of a crime.
Maximum penalty—7 years imprisonment.
(3) In this section—
election conduct of a person means—(a)the way in which the person votes at an election orreferendum; or(b)

the person’s nominating as a candidate for an election;or(c)the person’s support of, or opposition to, a candidate ora political party at an election; or(d)the person’s approval or disapproval of the Bill orquestion submitted to the electors at a referendum.

give includes promise or offer to give.
98D

Forging or uttering electoral or referendum paper(1) A person who—(a)forges an electoral or referendum paper; or(b)utters a forged electoral or referendum paper knowing it
to be forged;

is guilty of a crime.
Page 102

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 98E]

Maximum penalty—10 years imprisonment.
(2) A person who makes the signature of another person on—(a)an electoral paper, unless the person is authorised to doso under the Electoral Act 1992; or(b)a referendum paper, unless the person is authorised to doso under the Referendums Act 1997;

is guilty of a crime.
Maximum penalty—10 years imprisonment.
(3) In this section—
electoral paper means a ballot paper, declaration envelope orother document issued by the Electoral Commission of
Queensland under the Electoral Act 1992.
referendum paper means a ballot paper, declaration envelope
or other document issued by the Electoral Commission of
Queensland under the Referendums Act 1997.
98E

Influencing voting(1) A person who improperly influences the vote of a person at anelection or referendum is guilty of a crime.
Maximum penalty—2 years imprisonment.
(2) In this section—
improperly influence means influence by intimidation orviolence.
98F

Providing money for illegal payments

A person who knowingly provides money for—(a)a payment that is contrary to law relating to elections orreferendums; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 103

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 98G](b)

replacing any money that has been spent in making apayment that is contrary to law relating to elections orreferendums;

is guilty of a crime.
Maximum penalty—2 years imprisonment.
98G

Voting if not entitled

A person who, at an election or referendum—(a)votes in the name of another person, including a dead or
fictitious person; or(b)votes more than once; or(c)casts a vote that the person knows the person is notentitled to cast; or(d)procures someone to vote who, to the procuring person’s
knowledge, is not entitled to vote;is guilty of a crime.
Maximum penalty—3 years imprisonment.

Chapter division 3
98H

Other elections

Application of ch div 3

This chapter division applies to an election other than—

99

(a)

an election of a member or members of the Legislative
Assembly; or(b)an election for a local government.

Voting if not entitled(1) A person who votes at an election in the name of anotherperson, including a dead or fictitious person, commits a
misdemeanour.
Page 104

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 100]Maximum penalty—2 years imprisonment.
(2) A person who votes at an election more often than the person
is entitled to vote at the election commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(3) A person who casts a vote at an election that the person knows
the person is not entitled to cast commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(4) A person who procures another person to vote at an election
who, to the procurer’s knowledge, is not entitled to vote at theelection commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(5) A person who, at an election for which voting is by post,
attests the signature to a voting paper of a person who is, tothe first person’s knowledge, not entitled to vote at theelection by way of the voting paper commits a misdemeanour.
Maximum penalty—2 years imprisonment.
100

Hindering or interfering with voting conduct(1) A person who, in order to hinder or interfere with anotherperson’s voting conduct—(a)acts fraudulently; or(b)uses or threatens to use force against any person; or(c)causes or threatens to cause a detriment to any person;

commits a misdemeanour.
Maximum penalty—1 year’s imprisonment.
(2) A person who causes or threatens to cause a detriment toanother person (the affected person) because of the voting
conduct of any person (whether or not the affected person)
commits a misdemeanour.
Maximum penalty—1 year’s imprisonment.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 105

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 101](3) In this section—
voting conduct of a person means—

101

(a)

the person’s voting or not voting at an election; or(b)

the way in which the person votes at an election.

Bribery(1) A person who—(a)asks for or receives; or(b)offers, or agrees, to ask for or receive;a benefit, whether for the person or for another person, on theunderstanding that the person’s election conduct will be
influenced or affected commits a misdemeanour.
Maximum penalty—1 year’s imprisonment.
(2) A person who, in order to influence or affect the election
conduct of another person (the affected person), gives abenefit to any person (whether or not the affected person)
commits a misdemeanour.
Maximum penalty—1 year’s imprisonment.
(3) In this section—
election conduct of a person means—(a)the person’s voting or not voting at an election; or(b)

the way in which the person votes at an election; or(c)the person’s nominating as a candidate for an election;or(d)the person’s support of, or opposition to, a candidate at
an election.

give includes promise and offer to give.

Page 106

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 102]

102

Publishing false information about a candidate

A person who, before or during an election, in order to affectthe election result, knowingly publishes false information
about—(a)a candidate’s personal character or conduct; or(b)whether a candidate has withdrawn from the election;commits a misdemeanour.
Maximum penalty—1 year’s imprisonment.
103

Providing money for illegal payments

A person who knowingly provides money—(a)for a payment that is contrary to this chapter division or
the authorising Act for an election; or(b)

to replace money that has been spent in making apayment mentioned in paragraph (a);commits an offence.
Maximum penalty—10 penalty units.
104

Election notices to contain particular matters(1) A person who, before or during an election, prints or
publishes, or permits another person to print or publish, anelection notice for the election that does not state the nameand address of the person who authorised the notice commits
an offence.
Maximum penalty—3 penalty units.
(2) In this section—
address means address other than a post office box.
election notice means a notice containing anything able to, or
intended to—Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 107

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 107](a)influence an elector in relation to voting in an election;or(b)affect the result of an election.

notice includes a poster, handbill and pamphlet.
publish includes publish on the internet, even if the internet
site on which the publication is made is located outside
Queensland.
107

Corrupt and illegal practices—time(1) A prosecution for any of the offences defined in sections 99 to
104 must be begun within 1 year after the offence iscommitted.
(2) The service or execution of process on or against the alleged
offender is deemed to be the commencement of theprosecution, unless such service or execution is prevented bysome act on the person’s part, in which case the issue of theprocess is deemed to be the commencement of theproceeding.
108

Interfering at elections

A person who wilfully interrupts, obstructs or disturbs a
proceeding at an election commits a misdemeanour.
Maximum penalty—3 years imprisonment.
109

Electors attempting to violate secrecy of ballot

Any person who, having received a ballot paper from thepresiding officer at an election—

Page 108(a)wilfully makes on the ballot paper any mark or writing
not expressly authorised by law; or(b)wilfully fails to fold up the ballot paper in such amanner as to conceal how the person has voted; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 110](c)

wilfully fails to deposit the ballot paper in the ballot box
in the presence of the presiding officer;

commits a misdemeanour.
Maximum penalty—3 years imprisonment.
110

Stuffing ballot boxes

A person who wilfully puts in a ballot box a ballot paper thathas not been lawfully handed to, and marked by, an elector
commits a crime.
Maximum penalty—7 years imprisonment.
111

Presiding officer helping an elector with a disability

If—
(a)

a presiding officer at an election agrees to help anelector who is blind, or otherwise unable to vote without
help, by marking the elector’s ballot paper for theelector; and(b)the presiding officer wilfully fails to mark the ballot
paper—(i)in the way requested by the elector; and(ii) in the sight of anyone else lawfully present;
the presiding officer commits a misdemeanour.
Maximum penalty—3 years imprisonment.
112

False or misleading information(1) A person (the giver) who gives to another person, under theauthorising Act for an election, for a purpose relating to theelection, information that the giver knows is false or
misleading in a material particular commits a crime.
Maximum penalty—7 years imprisonment.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 109

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 14 Corrupt and improper practices at elections[s 113](2) Subsection (1) does not apply if, when giving information in adocument, the giver—

113

(a)

informs the recipient, to the best of the giver’s ability,
how it is false or misleading; and(b)

if the giver has, or can reasonably obtain, the correct
information—gives the correct information to therecipient.

Interfering with secrecy at elections(1) This section applies to an election at which voting is by ballot.
(2) A person who unfolds a ballot paper that has been marked andfolded by an elector at the election commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(3) An officer who ascertains or discovers, or attempts toascertain or discover, how an elector has voted at the election
commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(4) An officer who discloses any information about how anelector has voted at the election commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(5) An officer who places a mark or writing on an elector’s ballot
paper commits a misdemeanour.
Maximum penalty—2 years imprisonment.
(6) A person does not commit an offence against this section only
by doing something the person is ordered by a court orauthorised under the authorising Act to do.
(7) Also this section does not apply to a police officer doing athing in the course of performing a duty of a police officer.
(8) In this section—
officer, in relation to an election, means a person performing
duties at the election under the authorising Act.
Page 110

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 15 Selling and trafficking in offices[s 114]114

Breaking the seal of a parcel at elections(1) A person who wilfully opens or breaks the seal of a parcel
sealed under the authorising Act for an election commits a
misdemeanour.
Maximum penalty—2 years imprisonment.
(2) A person does not commit an offence against subsection (1)only by doing something the person is ordered by a court orauthorised under the authorising Act to do.
(3) Also subsection (1) does not apply to a police officer doing athing in the course of performing a duty of a police officer.

Chapter 15
118

Selling and trafficking in offices

Bargaining for offices in public service

Any person who—(a)corruptly asks for, receives, or obtains, or agrees or
attempts to receive or obtain, any property or benefit of
any kind for himself, herself or any other person on
account of anything already done or omitted to be done,or to be afterwards done or omitted to be done, by the
person or any other person, with regard to theappointment or contemplated appointment of any person
to any office or employment in the public service, orwith regard to any application by any person for
employment in the public service; or(b)corruptly gives, confers, or procures, or promises oroffers to give or confer, or to procure or attempt to
procure, to, upon, or for, any person any property or
benefit of any kind on account of any such act oromission;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 111

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 119]is guilty of a misdemeanour, and is liable to imprisonment for
3 years, and to be fined at the discretion of the court.

Chapter 16

119

Offences relating to theadministration of justice

Definitions for ch 16

In this chapter—family see section 119A.
judicial proceeding includes any proceeding had or taken inor before any court, tribunal or person, in which evidence may
be taken on oath.
119A Meaning of family(1) Each of the following is a member of a person’s family—(a)a spouse of the person;(b)a child of the person;(c)a parent, grandparent, grandchild or sibling of theperson, including—(i)if the person is an Aboriginal person, a person—(A)

who is recognised under Aboriginal tradition
as a member of the Aboriginal person’sfamily; andNote—‘Aboriginal tradition’ is defined under the Acts
Interpretation Act 1954. See schedule 1 of that
Act.

(B)
Page 112

with whom the Aboriginal person has arelationship like that between an individual
Current as at 19 September 2024

Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 119B]

and a parent, grandparent, grandchild or
sibling of the individual; or(ii) if the person is a Torres Strait Islander, a person—(A)

who is recognised under Island custom as amember of the Torres Strait Islander’sfamily; andNote—‘Island custom’ is defined under the Acts
Interpretation Act 1954. See schedule 1 of that
Act.

(B)

with whom the Torres Strait Islander has arelationship like that between an individual
and a parent, grandparent, grandchild or
sibling of the individual.

(2) For subsection (1)(b)—(a)

a biological, adopted, step or foster child of a person is achild of the person; and(b)

an individual who is under 18 years and ordinarily amember of a person’s household is also a child of theperson; and(c)

if a person is an Aboriginal person, an individual who isrecognised under Aboriginal tradition as a child of theperson is also a child of the person; and(d)if a person is a Torres Strait Islander, an individual who
is recognised under Island custom as a child of theperson is also a child of the person.

119B Retaliation against or intimidation of judicial officer, juror,
witness etc.

(1) A person who, without reasonable cause, causes, or threatens
to cause, any injury or detriment to a judicial officer, juror,
witness or member of a community justice group, or amember of the family of a judicial officer, juror, witness or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 113

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 119B]

member of a community justice group, for the purpose ofretaliation or intimidation because of—(a)anything lawfully done or omitted to be done or that
may be lawfully done or omitted to be done by the
judicial officer as a judicial officer; or(b)anything lawfully done or omitted to be done or that
may be lawfully done or omitted to be done by the juror
or witness in any judicial proceeding; or(c)anything lawfully done or omitted to be done or that
may be lawfully done or omitted to be done by any
member of the community justice group a representativeof which makes or may make a submission—(i)to a court or police officer under the Bail Act 1980
about a defendant who is an Aboriginal or Torres
Strait Islander person; or(ii) to a court or police officer under the Youth Justice
Act 1992 about a child who is an Aboriginal or
Torres Strait Islander person; or(iii) to a court under the Penalties and Sentences Act
1992 about an offender who is an Aboriginal or
Torres Strait Islander person;
is guilty of a crime.
Maximum penalty—7 years imprisonment.
(1A) The offender is liable to a maximum penalty of 10 years
imprisonment if the act constituting the offence is done in
relation to a proceeding before a court for a prescribed offence
charged with the circumstance of aggravation stated in the
Penalties and Sentences Act 1992, section 161Q.
(1B) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(1C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andPage 114

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 120]Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) In this section—community justice group means—(a)for a defendant under the Bail Act 1980—see the BailAct 1980, section 6; or(b)for a child—see the Youth Justice Act 1992, schedule 4;or(c)for an offender under the Penalties and Sentences Act
1992—see the Penalties and Sentences Act 1992,
section 4.

injury or detriment includes intimidation.
intimidation includes harassment.
prescribed offence see the Penalties and Sentences Act 1992,
section 161N.
120

Judicial corruption(1) Any person who—(a)being a judicial officer, corruptly asks for, receives, or
obtains, or agrees or attempts to receive or obtain, any
property or benefit of any kind for himself, herself or
any other person on account of anything already done oromitted to be done, or to be afterwards done or omitted
to be done, by the person in the person’s judicial
capacity; or(b)corruptly gives, confers, or procures, or promises oroffers to give or confer, or to procure or attempt to
procure, to, upon, or for, a judicial officer, or to, upon, orfor any other person, any property or benefit of any kindon account of any such act or omission on the part of the
judicial officer;

is guilty of a crime, and is liable to imprisonment for 14 years,
and to be fined at the discretion of the court.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 115

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 121](2) However, if the judicial officer is an arbitrator or umpire, themaximum term of imprisonment to which the person is liable
is 7 years.
(3) The offender can not be arrested without warrant.
(4) A prosecution for an offence against subsection (1) can not be
started without a Crown Law Officer’s consent.
121

Official corruption not judicial but relating to offences(1) Any person who—(a)being a justice not acting judicially, or being a person
employed in the public service in any capacity not
judicial for the prosecution or detention or punishment
of offenders, corruptly asks for, receives, or obtains, oragrees or attempts to receive or obtain, any property or
benefit of any kind for himself, herself or any otherperson, on account of anything already done or omitted
to be done, or to be afterwards done or omitted to bedone, by the person, with a view to corrupt or improperinterference with the due administration of justice, or
the procurement or facilitation of the commission of any
offence, or the protection of any offender or intending
offender from detection or punishment; or(b)corruptly gives, confers, or procures, or promises oroffers to give or confer, or to procure or attempt to
procure, to, upon, or for, any such person, or to, upon, orfor, any other person, any property or benefit of any
kind, on account of any such act or omission on the partof the justice or other person so employed;

is guilty of a crime, and is liable to imprisonment for 14 years,
and to be fined at the discretion of the court.
(2) The offender can not be arrested without warrant.
122

Corruption of jurors(1) Any person who—
Page 116

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 123](a)

attempts by threats or intimidation of any kind, or by
benefits or promises of benefit of any kind, or by othercorrupt means, to influence any person, whether aparticular person or not, in the person’s conduct as a
juror in any judicial proceeding, whether the person has
been sworn as a juror or not; or(b)accepts any benefit or promise of benefit on account ofanything to be done by the person as a juror in any
judicial proceeding, whether the person has been sworn
as a juror or not, or on account of anything already doneby the person as a juror in any judicial proceeding;is guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
123

Perjury(1) Any person who in any judicial proceeding, or for the purposeof instituting any judicial proceeding, knowingly gives false
testimony touching any matter which is material to anyquestion then depending in that proceeding, or intended to beraised in that proceeding, is guilty of a crime, which is called
perjury.
(2) It is immaterial whether the testimony is given on oath orunder any other sanction authorised by law.
(3) The forms and ceremonies used in administering the oath or inotherwise binding the person giving the testimony to speak
the truth are immaterial, if the person assents to the forms andceremonies actually used.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 117

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 123A](4) It is immaterial whether the false testimony is given orally orin writing.
(5) It is immaterial whether the court or tribunal is properly
constituted, or is held in the proper place, or not, if it actuallyacts as a court or tribunal in the proceeding in which thetestimony is given.
(6) It is immaterial whether the person who gives the testimony is
a competent witness or not, or whether the testimony isadmissible in the proceeding or not.
(7) The offender can not be arrested without warrant.
123A Perjury—contradictory statements

If, on the trial of a person for perjury, the jury is satisfied
that—
(a)

the accused has made 2 statements on oath or underanother sanction authorised by law, 1 of which is
irreconcilably in conflict with the other; and(b)the accused made 1 of the statements knowing it to befalse;

but the jury is unable to say which statement was falsely
made, the jury may make a special finding to that effect andfind the accused guilty of perjury.
124

Punishment of perjury(1) Any person who commits perjury is liable to imprisonmentfor 14 years.
(2) If the offender commits the crime in order to procure theconviction of another person for a crime punishable withimprisonment for life, the offender is liable to imprisonment
for life.

Page 118

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 125]125

Evidence on charge of perjury

A person can not be convicted of committing perjury or ofcounselling or procuring the commission of perjury upon theuncorroborated testimony of 1 witness.
126

Fabricating evidence(1) Any person who, with intent to mislead any tribunal in any
judicial proceeding—(a)fabricates evidence by any means other than perjury or
counselling or procuring the commission of perjury; or(b)knowingly makes use of such fabricated evidence;is guilty of a crime, and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
127

Corruption of witnesses(1) Any person who—(a)gives, confers, or procures, or promises or offers to giveor confer, or to procure or attempt to procure, any
property or benefit of any kind to, upon, or for, any
person, upon any agreement or understanding that any
person called or to be called as a witness in any judicial
proceeding shall give false testimony or withhold true
testimony; or(b)attempts by any other means to induce a person called or
to be called as a witness in any judicial proceeding togive false testimony or to withhold true testimony; or(c)asks for, receives, or obtains, or agrees or attempts toreceive or obtain, any property or benefit of any kind for
himself, herself or any other person, upon any
agreement or understanding that any person shall as awitness in any judicial proceeding give false testimony
or withhold true testimony;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 119Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 128]is guilty of a crime, and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
(3) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(4) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
128

Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly
makes or exhibits any false statement, representation, token,
or writing, to any person called or to be called as a witness inany judicial proceeding, with intent to affect the testimony ofsuch person as a witness, is guilty of a misdemeanour, and isliable to imprisonment for 3 years.
129

Damaging evidence with intent

A person who, knowing something is or may be needed inevidence in a judicial proceeding, damages it with intent tostop it being used in evidence commits a misdemeanour.
Maximum penalty—7 years imprisonment.
130

Preventing witnesses from attending

Any person who wilfully prevents or attempts to prevent any
person who has been duly summoned to attend as a witness
before any court or tribunal from attending as a witness, orfrom producing anything in evidence pursuant to the subpoena
or summons, commits a misdemeanour.
Maximum penalty—3 years imprisonment.

Page 120

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 131]131

Conspiracy to bring false accusation(1) Any person who conspires with another to charge any person
or cause any person to be charged with any offence, whether
alleged to have been committed in Queensland, or elsewhere,
knowing that such person is innocent of the alleged offence,or not believing the person to be guilty of the alleged offence,is guilty of a crime.
(2) If the offence is such that a person convicted of it is liable tobe sentenced to imprisonment for life, the offender is liable toimprisonment for life.
(3) If the offence is such that a person convicted of it is liable tobe sentenced to imprisonment, but for a term less than life, theoffender is liable to imprisonment for 14 years.
(4) In any other case the offender is liable to imprisonment for 7
years.
(5) The offender can not be arrested without warrant.
(6) A prosecution for an offence defined in this section shall not
be instituted without the consent of the Attorney-General.
132

Conspiring to defeat justice(1) Any person who conspires with another to obstruct, prevent,pervert, or defeat, the course of justice is guilty of a crime,and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
(3) A prosecution for an offence defined in this section shall not
be instituted without the consent of the Attorney-General.
133

Compounding an indictable offence(1) Any person who asks for, receives, or obtains, or agrees or
attempts to receive or obtain, any property or benefit of any
kind for himself, herself or any other person, upon any
agreement or understanding that the person will compound orconceal an indictable offence, or will abstain from,Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 121

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 136]

discontinue, or delay, a prosecution for an indictable offence,or will withhold any evidence thereof, is guilty of an
indictable offence.
(2) If the indictable offence is such that a person convicted of it isliable to be sentenced to imprisonment for life, the offender isguilty of a crime, and is liable to imprisonment for 7 years.
(3) In any other case the offender is guilty of a misdemeanour,and is liable to imprisonment for 3 years.
(4) The offender can not be arrested without warrant.
(5) Subsection (1) does not apply to an act done for the purposeof the following—

136

(a)

negotiations in accordance with established legal
practice between a lawyer representing the alleged
offender and the prosecution to achieve a just outcome
in relation to the proceedings for the offence;(b)

mediation in good faith between the alleged offenderand a victim of the offence or anyone acting in theinterests of the victim in relation to an apology,
compensation or restitution;(c)dispute resolution relating to the alleged offence;(d)discussions in good faith between the alleged offenderand police officers calculated to ameliorate the conductof the offender relevant to the alleged offence.

Justices exercising jurisdiction in a matter of personal
interest

A person who, being a justice, wilfully and perversely
exercises jurisdiction in a matter in which the justice has apersonal interest commits a misdemeanour.
Maximum penalty—3 years imprisonment.

Page 122

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 16 Offences relating to the administration of justice[s 137]

137

Delay to take person arrested before magistrate(1) Any person who, having arrested another upon a charge of an
offence, wilfully and without lawful excuse delays to take theperson before a justice to be dealt with according to law is
guilty of a misdemeanour, and is liable to imprisonment for 2
years.
(2) For subsection (1)—

139

(a)

if the person carrying out the arrest is a police officer, it
is sufficient if the person complies with therequirements of the Police Powers and Responsibilities
Act 2000, section 393; and(b)

if the person carrying out the arrest is not a police
officer, it is sufficient if the person immediately delivers
the arrested person into the custody of a police officer as
mentioned in section 552(2).

Inserting advertisement without authority of court

Any person who, without authority, or knowing theadvertisement to be false in any material particular, inserts or
causes to be inserted in the gazette or in any newspaper anadvertisement purporting to be published under the authorityof any court or tribunal is guilty of a misdemeanour, and isliable to imprisonment for 2 years.
140

Attempting to pervert justice(1) A person who attempts to obstruct, prevent, pervert, or defeat
the course of justice is guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 123

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 17 Escapes—obstructing officers of courts[s 141]

Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Chapter 17

141

Escapes—obstructing officersof courts

Aiding persons to escape from lawful custody

A person who—(a)aids a person in lawful custody to escape, or to attempt
to escape, from lawful custody; or(b)conveys anything to a person in lawful custody, or to aplace where a person is or will be in lawful custody,
with the intention of aiding a person to escape fromlawful custody; or(c)frees a person from lawful custody without authority;

is guilty of a crime.
Maximum penalty—imprisonment for 7 years.
142

Escape by persons in lawful custody

A person who escapes from lawful custody is guilty of acrime.
Maximum penalty—imprisonment for 7 years.
143

Permitting escape

A person who is responsible for keeping another person in
lawful custody and permits the other person to escape is guilty
of a crime.
Maximum penalty—imprisonment for 7 years.
Page 124

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 17 Escapes—obstructing officers of courts[s 144]

144

Harbouring escaped prisoners etc.

A person who harbours, maintains or employs another person
knowing that the other person has escaped from lawful
custody is guilty of a crime.
Maximum penalty—imprisonment for 2 years.
145A Sections 141 to 144 do not apply to certain types ofcustody

Sections 141 to 144 do not apply to—(a)the custody of a patient mentioned in the Mental HealthAct 2016; or(b)the custody of a child under the Child Protection Act
1999; or(c)the custody of a forensic disability client mentioned in
the Forensic Disability Act 2011;

unless the person is held in a corrective services facility within
the meaning of the Corrective Services Act 2006.
145B Evidence of lawful custody

Evidence given by a person authorised by the chief executive(corrective services) to give the evidence that a person is, oron a particular date was, in lawful custody is to be admitted as
prima facie evidence of the custody.
147

Removing etc. property under lawful seizure

Any person who, when any property has been attached or
taken under the process or authority of any court of justice,knowingly, and with intent to hinder or defeat the attachment,or process, receives, removes, retains, conceals, or disposesof, such property, is guilty of a misdemeanour, and is liable toimprisonment for 3 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 125

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 20 Miscellaneous offences against public authority[s 148]148

Obstructing officers of courts of justice

Any person who wilfully obstructs or resists any person
lawfully charged with the execution of an order or warrant of
any court of justice commits a misdemeanour.
Maximum penalty—2 years imprisonment.

Chapter 20

193

Miscellaneous offences against
public authority

False verified statements(1) A person who makes a verified statement that the person
knows is false in a material particular when the person isrequired by law to make the statement in the form of a verifiedstatement commits a crime.
Maximum penalty—7 years imprisonment.
(2) The person can not be arrested without a warrant.
(3) In this section—verified statement means—

194

(a)

a statement made on oath or under another sanction that
may by law be substituted for an oath; or(b)a statement verified by solemn declaration oraffirmation.

False declarations(1) A person who makes a declaration that the person knows isfalse in a material particular, whether or not the person ispermitted or required by law to make the declaration, before aperson authorised by law to take or receive declarations,commits a misdemeanour.
Page 126

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 20 Miscellaneous offences against public authority[s 195]

Maximum penalty—3 years imprisonment.
(2) In this section—
declaration includes a statement and an affidavit.
195

Evidence

A person can not be convicted of any of the offences definedin sections 193 and 194 upon the uncorroborated testimony of
1 witness.
195A Contradictory statements—false statements or
declarations

If, on the trial of a person for an offence defined in
section 193 or 194, the jury is satisfied that—(a)the accused has made 2 statements or declarations and 1
is irreconcilably in conflict with the other; and(b)the accused made 1 of the statements or declarations
knowing it to be false;

but the jury is unable to say which statement or declaration
was falsely made, the jury may make a special finding to that
effect and find the accused guilty of the offence.
199

Resisting public officers

Any person who in any manner obstructs or resists any public
officer while engaged in the discharge or attempted dischargeof the duties of his or her office under any statute, or obstructs
or resists any person while engaged in the discharge or
attempted discharge of any duty imposed on the person by any
statute, is guilty of a misdemeanour, and is liable toimprisonment for 2 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 127

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and against
public authority
Chapter 20 Miscellaneous offences against public authority[s 200]200

Refusal by public officer to perform duty

Any person who, being employed in the public service, or as
an officer of any court or tribunal, perversely and without
lawful excuse omits or refuses to do any act which it is his or
her duty to do by virtue of his or her employment is guilty of amisdemeanour, and is liable to imprisonment for 2 years, andto be fined at the discretion of the court.
204

Disobedience to statute law(1) Any person who without lawful excuse, the proof of whichlies on the person, does any act which the person is, by theprovisions of any public statute in force in Queensland,
forbidden to do, or omits to do any act which the person is, by
the provisions of any such statute, required to do, is guilty of amisdemeanour, unless some mode of proceeding against theperson for such disobedience is expressly provided by statute,and is intended to be exclusive of all other punishment.
(2) The offender is liable to imprisonment for 1 year.
205

Disobedience to lawful order issued by statutory
authority(1) Any person who without lawful excuse, the proof of whichlies on the person, disobeys any lawful order issued by any
court of justice, or by any person authorised by any publicstatute in force in Queensland to make the order, is guilty of amisdemeanour, unless some mode of proceeding against theperson for such disobedience is expressly provided by statute,and is intended to be exclusive of all other punishment.
(2) The offender is liable to imprisonment for 1 year.
205A Contravening order about device information from digital
device(1) A person who, without reasonable excuse, contravenes—

Page 128

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 21 Offences relating to religious worship[s 206](a)an order made under the Police Powers andResponsibilities Act 2000, section 154(1) or (2),154A(2) or 178A(1); or(b)an order made under the Crime and Corruption Act
2001, section 88A(1) or (2) or 88B(2);commits a crime.
Maximum penalty—5 years imprisonment.
(2) It is not a reasonable excuse to contravene the order on thebasis that complying with the order might tend to incriminate
the person or expose the person to a penalty.

Part 4

Acts injurious to the publicin general

Chapter 21

Offences relating to religious
worship

206

Offering violence to officiating ministers of religion

Any person who—(a)by threats or force prevents or attempts to prevent any
minister of religion from lawfully officiating in any
place of religious worship, or from performing theminister’s duty in the lawful burial of the dead in any
cemetery or other burial place; or(b)by threats or force obstructs or attempts to obstruct any
minister of religion while so officiating or performing
the minister’s duty; or(c)assaults, or, upon or under the pretence of executing any
civil process, arrests, any minister of religion who is

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 129

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 207]

engaged in, or is, to the knowledge of the offender,
about to engage in, any of the offices or duties aforesaid,
or who is, to the knowledge of the offender, going toperform the same or returning from the performance
thereof;is guilty of a misdemeanour, and is liable to imprisonment for
2 years.
207

Disturbing religious worship(1) Any person who wilfully and without lawful justification or
excuse, the proof of which lies on the person, disquiets or
disturbs any meeting of persons lawfully assembled forreligious worship, or assaults any person lawfully officiating
at any such meeting, or any of the persons there assembled, isguilty of an offence, and is liable to imprisonment for 2
months, or to a fine of $10.
(2) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 6 months.

Chapter 22

Offences against morality

207A Definitions for this chapter

In this chapter—anonymising service means a device or other thing, or aphysical, digital or other measure, used to hide—

Page 130(a)the identity or location of a person who administers,
accesses or uses a network, computer or other device; or(b)information stored on a network, computer or otherdevice; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 207A](c)communication, including the exchange of information,
between 2 or more persons using a network, computeror other device; or(d)the location of a network, computer or other device.

Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems,
communications ports

child abuse object means a doll, robot or other object if—(a)a reasonable adult would consider—(i)the doll, robot or other object is a representation or
portrayal of a person, or part of a person, who is achild under 16 years; or(ii) the predominant impression conveyed by the doll,robot or other object is that it is a representation or
portrayal of a person, or part of a person, who is achild under 16 years, irrespective of whether it has
adult characteristics; and(b)the doll, robot or other object has been used, or areasonable adult would consider it is intended for use, in
an indecent or sexual context including, for example,
engaging in a sexual activity.

child exploitation material means material that, in a way
likely to cause offence to a reasonable adult, describes ordepicts a person, or a representation of a person, who is, orapparently is, a child under 16 years—(a)in a sexual context, including for example, engaging in asexual activity; or(b)in an offensive or demeaning context; or(c)being subjected to abuse, cruelty or torture.

child sexual offence means an offence of a sexual naturecommitted in relation to a child, including, for example, anoffence against a provision of this chapter or chapter 32.
classified—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 131

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 207A](a)

for a computer game—see the Classification ofComputer Games and Images Act 1995; or(b)for a film—see the Classification of Films Act 1991; or(c)for a publication—see the Classification of Publications
Act 1991.

commercial sexual service means a service—(a)provided by a person, involving—(i)a sexual act as described in section 218(2) and (3)engaged in by the person; or(ii) the use or display of the person’s body for thesexual arousal or gratification of another person;
and(b)that is—(i)

provided for payment or reward, whether thepayment or reward accrues or is given to theperson providing the service or someone else; and(ii) provided under an arrangement of a commercial
character.
Commonwealth Classification Act means the Classification(Publications, Films and Computer Games) Act 1995 (Cwlth).
computer game see the Classification of Computer Gamesand Images Act 1995.
distribute includes—(a)communicate, exhibit, send, supply or transmit tosomeone, whether to a particular person or not; and(b)make available for access by someone, whether by aparticular person or not; and(c)enter into an agreement or arrangement to do somethingin paragraph (a) or (b); and(d)attempt to distribute.

film see the Classification of Films Act 1991.
Page 132

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 207A]

hidden network means a network of computers or otherdevices (whether or not part of the internet) that has, or uses,
digital, physical or other measures to do, or that are designed
to do, any of the following—(a)restrict access to the network;(b)make the network undiscoverable when searched for ina way that is generally used to search for networks,
including, for example, by using an internet searchengine;(c)hide the identity or location of persons who administer,access or use the network;(d)hide information stored on the network;(e)hide communication, including the exchange of
information, between—(i)the network and a person who administers,
accesses or uses the network; or(ii) 2 or more persons who administer, access or use
the network;(f)hide the location of the network.

Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems,
communications ports

information includes a photograph, picture, videotape, digital
image and any other visual representation.
intimate image, of a person—(a)means a moving or still image that depicts—(i)the person engaged in an intimate sexual activity
that is not ordinarily done in public; or(ii) the person’s genital or anal region, when it is bareor covered only by underwear; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 133

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 207A](iii) if the person is female or a transgender or intersex
person who identifies as female—the person’s barebreasts; and(b)

includes an image that has been altered to appear toshow any of the things mentioned in paragraph (a)(i) to(iii); and(c)includes an image depicting a thing mentioned inparagraph (a)(i) to (iii), even if the thing has been
digitally obscured, if the person is depicted in a sexualway.

material includes anything that contains data from which text,
images or sound can be generated.
network, of computers or other devices, includes part of a
network of computers or other devices.
observe means observe by any means.
private act, for a person, means—(a)showering or bathing; or(b)using a toilet; or(c)another activity when the person is in a state of undress;or(d)intimate sexual activity that is not ordinarily done inpublic.

private place means a place where a person might reasonably
be expected to be engaging in a private act.
prohibited visual recording, of a person, means—

Page 134(a)a visual recording of the person, in a private place orengaging in a private act, made in circumstances wherea reasonable adult would expect to be afforded privacy;or(b)a visual recording of the person’s genital or anal region,
when it is bare or covered only by underwear, made in

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 210]circumstances where a reasonable adult would expect tobe afforded privacy in relation to that region.
publication see the Classification of Publications Act 1991.
religious confession means a confession made by a person toa member of the clergy in the member’s professional capacity
according to the ritual of the member’s church or religious
denomination.
someone, in the context of a description or depiction, includes
the body parts of someone, including for example, someone’s
breast or genitalia.
state of undress, for a person, means—(a)the person is naked or the person’s genital or anal regionis bare or, if the person is female or a transgender orintersex person who identifies as female, the person’s
breasts are bare; or(b)the person is wearing only underwear; or(c)the person is wearing only some outer garments so thatsome of the person’s underwear is not covered by anouter garment.

visually record, a person, means record, or transmit, by anymeans, moving or still images of the person or part of theperson.
210

Indecent treatment of children under 16(1) Any person who—(a)unlawfully and indecently deals with a child under theage of 16 years; or(b)unlawfully procures a child under the age of 16 years tocommit an indecent act; or(c)unlawfully permits himself or herself to be indecently
dealt with by a child under the age of 16 years; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 135

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 210](d)

wilfully and unlawfully exposes a child under the age of
16 years to an indecent act by the offender or any otherperson; or(e)without legitimate reason, wilfully exposes a childunder the age of 16 years to any indecent object or any
indecent film, videotape, audiotape, picture, photographor printed or written matter; or(f)without legitimate reason, takes any indecent
photograph or records, by means of any device, any
indecent visual image of a child under the age of 16
years;

is guilty of an indictable offence.
(2) If the child is of or above the age of 12 years, the offender isguilty of a crime, and is liable to imprisonment for 14 years.
(3) If the child is under the age of 12 years, the offender is guilty
of a crime, and is liable to imprisonment for 20 years.
(4) If the child is, to the knowledge of the offender, his or her
lineal descendant or if the offender is the guardian of the childor, for the time being, has the child under his or her care, theoffender is guilty of a crime, and is liable to imprisonment for
20 years.
(4A) If the child is a person with an impairment of the mind, theoffender is guilty of a crime, and is liable to imprisonment for
20 years.
(4B) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(4C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(5) If the offence is alleged to have been committed in respect of achild of or above the age of 12 years, it is a defence to prove
Page 136

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 211]that the accused person believed, on reasonable grounds, thatthe child was of or above the age of 16 years.
(5A) If the offence is alleged to have been committed with thecircumstance of aggravation mentioned in subsection (4A), it
is a defence to the circumstance of aggravation to prove thatthe accused person believed on reasonable grounds that thechild was not a person with an impairment of the mind.
(6) In this section—
deals with includes doing any act which, if done without
consent, would constitute an assault as defined in this Code.
211

Bestiality(1) Any person who engages in penile intercourse with an animal
is guilty of a crime and is liable to imprisonment for 7 years.
(2) For subsection (1), the definitions penile intercourse andengages in penile intercourse with another person in section 6
apply as if a reference in that section to another person were areference to the animal mentioned in subsection (1).
213

Owner etc. permitting abuse of children on premises(1) Any person who, being the owner or occupier of any
premises, or having, or acting or assisting in, the management
or control of any premises, induces or knowingly permits any
child under the age of 16 years to be in or upon the premises
for the purpose of any person, whether a particular person ornot, doing an act in relation to the child (a proscribed act)
defined to constitute an offence in section 210 or 215 is guiltyof an indictable offence.
(2) If the child is of or above the age of 12 years, the offender isguilty of a crime, and is liable to imprisonment for 10 years.
(3) If the child is under the age of 12 years, the offender is guilty
of a crime, and is liable to imprisonment—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 137

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 215](a)for life, where the proscribed act is one defined toconstitute an offence in section 215; or(b)

for 14 years in any other case.

(3A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) If the proscribed act is one defined to constitute an offence insection 210 or 215 and the child is of or above 12 years, it is adefence to prove that the accused person believed, on
reasonable grounds, that the child was of or above 16 years.
215

Engaging in penile intercourse with child under 16(1) Any person who engages or attempts to engage in unlawful
penile intercourse with a child under the age of 16 years is
guilty of an indictable offence.
(2) If the child is of or above the age of 12 years, the offender isguilty of a crime, and is liable to imprisonment for 14 years.
(3) If the child is under the age of 12 years, the offender is guilty
of a crime, and is liable to imprisonment for life or, in the caseof an attempt to engage in unlawful penile intercourse, to
imprisonment for 14 years.
(4) If the child is not the lineal descendant of the offender but theoffender is the child’s guardian or, for the time being, has thechild under the offender’s care, the offender is guilty of acrime, and is liable to imprisonment for life or, in the case of
an attempt to engage in unlawful penile intercourse, to
imprisonment for 14 years.
(4A) If the child is a person with an impairment of the mind, theoffender is guilty of a crime, and is liable to imprisonment forlife.
Page 138

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 216](4B) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(4C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(5) If the offence is alleged to have been committed in respect of achild of or above the age of 12 years, it is a defence to provethat the accused person believed, on reasonable grounds, thatthe child was of or above the age of 16 years.
(5A) If the offence is alleged to have been committed with thecircumstance of aggravation mentioned in subsection (4A), it
is a defence to the circumstance of aggravation to prove thatthe accused person believed on reasonable grounds that thechild was not a person with an impairment of the mind.
Note—
See section 745 in relation to the application of this section as in force
from time to time before the commencement of the Criminal Code,
Evidence Act and Other Acts Amendment Act 1989, section 14.

216

Abuse of persons with an impairment of the mind

(1) Any person who engages or attempts to engage in unlawful
penile intercourse with a person with an impairment of themind is, subject to subsection (3)(a) and (b), guilty of a crime,and is liable to imprisonment for 14 years.
(2) Any person who—(a)unlawfully and indecently deals with a person with animpairment of the mind; or(b)unlawfully procures a person with an impairment of themind to commit an indecent act; or(c)unlawfully permits himself or herself to be indecently
dealt with by a person with an impairment of the mind;orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 139

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 216](d)wilfully and unlawfully exposes a person with animpairment of the mind to an indecent act by theoffender or any other person; or(e)without legitimate reason, wilfully exposes a personwith an impairment of the mind to any indecent object
or any indecent film, videotape, audiotape, picture,
photograph or printed or written matter; or(f)without legitimate reason, takes any indecent
photograph or records, by means of any device, any
indecent visual image of a person with an impairment of
the mind;is, subject to subsections (3)(c) and (3A), guilty of a crime,and is liable to imprisonment for 10 years.
(3) If the person with an impairment of the mind is not the lineal
descendant of the offender but the offender is the guardian ofthat person or, for the time being, has that person under theoffender’s care, the offender is guilty of a crime, and isliable—(a)in the case of the offence of engaging in unlawful penile
intercourse—to imprisonment for life; or(b)

in the case of an attempt to engage in unlawful penile
intercourse—to imprisonment for life; or(c)in the case of an offence defined in subsection (2)—toimprisonment for 14 years.

(3A) In the case of an offence defined in subsection (2), if theperson with an impairment of the mind is, to the knowledge ofthe offender, the offender’s lineal descendant, the offender isguilty of a crime, and is liable to imprisonment for 14 years.
(4) It is a defence to a charge of an offence defined in this section
to prove—(a)Page 140

that the accused person believed on reasonable grounds
that the person was not a person with an impairment of
the mind; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 217](b)that the doing of the act or the making of the omission
which, in either case, constitutes the offence did not in
the circumstances constitute sexual exploitation of theperson with an impairment of the mind.

(5) In this section—
deals with includes doing any act that, if done without
consent, would constitute an assault.
217

Procuring young person etc. for penile intercourse(1) A person who procures a person who is not an adult or is aperson with an impairment of the mind to engage in penile
intercourse (either in Queensland or elsewhere) commits acrime.
Maximum penalty—imprisonment for 14 years.
(1A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(1B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) In this section—
procure means knowingly entice or recruit for the purposes ofsexual exploitation.
217A Obtaining commercial sexual services from person who
is not an adult(1) A person who obtains commercial sexual services fromanother person who is not an adult (the child) commits acrime.
Maximum penalty—10 years imprisonment.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 141

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 217B](2) If the child is under 16 years, the person is liable to a
maximum penalty of 14 years imprisonment.
(3) If the child is under 12 years, the person is liable to a
maximum penalty of imprisonment for life.
(4) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(6) If the offence is alleged to have been committed in respect of achild of or above the age of 12 years, it is a defence to an
offence against subsection (1) that the accused person
believed, on reasonable grounds, that the child was an adult.
217B Allowing person who is not an adult to take part incommercial sexual services(1) A person—(a)who owns or occupies, or is in control of, premises; and(b)

who allows another person who is not an adult to enteror remain on the premises for the purpose of taking partin providing commercial sexual services;commits a crime.
Maximum penalty—14 years imprisonment.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Page 142

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 217C](4) If the offence is alleged to have been committed in respect of achild of or above the age of 12 years, it is a defence to an
offence against subsection (1) that the accused person
believed, on reasonable grounds, that the person was an adult.
217C Conduct relating to provision of commercial sexual
services by person who is not an adult(1) A person who—(a)causes or induces another person who is not an adult toprovide commercial sexual services; or(b)enters into or offers to enter into an agreement underwhich another person who is not an adult is to provide
commercial sexual services; or(c)receives a payment or reward that the person knows, orought reasonably to know, is derived directly or
indirectly from commercial sexual services provided byanother person who is not an adult;

commits a crime.
Maximum penalty—14 years imprisonment.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) If the offence is alleged to have been committed in respect of achild of or above the age of 12 years, it is a defence to an
offence against subsection (1) that the accused person
believed, on reasonable grounds, that the person was an adult.
218

Procuring sexual acts by coercion etc.

(1) A person who—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 143

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 218](a)by coercion, procures another person to—(i)engage in a sexual act, either in Queensland or
elsewhere; or(ii) provide, or continue to provide, commercial sexual
services; or(b)

by coercion, causes another person to provide, or
continue to provide, payment derived directly or
indirectly from the provision of commercial sexual
services; or(c)administers to another person, or causes the other person
to take, a drug or other thing with intent to stupefy oroverpower the person to enable a sexual act to beengaged in with the person;

commits a crime.
Maximum penalty—14 years imprisonment.
(2) For subsection (1), a person engages in a sexual act if theperson—(a)allows a sexual act to be done to the person’s body; or(b)does a sexual act to the person’s own body or the bodyof another person; or(c)otherwise engages in an act of an indecent nature withanother person.

(3) Subsection (2) is not limited to sexual intercourse or acts
involving physical contact.
(3A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
Page 144

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 218A]

coercion includes, for example, coercion by—(a)intimidation or threats of any kind; or(b)assaulting a person; or(c)damaging the property of a person; or(d)making false representations or using false pretence or
fraudulent means.

procure means knowingly entice or recruit for the purposes ofsexual exploitation.
218A Using internet etc. to procure children under 16(1) Any adult who uses electronic communication with intent toprocure a person under the age of 16 years, or a person theadult believes is under the age of 16 years, to engage in asexual act, either in Queensland or elsewhere, commits acrime.
Maximum penalty—10 years imprisonment.
(2) The adult is liable to 14 years imprisonment if—(a)the person is—(i)a person under 12 years; or(ii) a person the adult believes is under 12 years; or(b)the offence involves the adult—(i)intentionally meeting the person; or(ii) going to a place with the intention of meeting theperson.
(2A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(2B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 145

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 218A](3) For subsection (1), a person engages in a sexual act if theperson—(a)allows a sexual act to be done to the person’s body; or(b)does a sexual act to the person’s own body or the bodyof another person; or(c)otherwise engages in an act of an indecent nature.

(4) Subsection (3) is not limited to sexual intercourse or acts
involving physical contact.
(5) For subsection (1), it is not necessary to prove that the adultintended to procure the person to engage in any particularsexual act.
(6) Also, for subsection (1), it does not matter that, by reason of
circumstances not known to the adult, it is impossible in fact
for the person to engage in the sexual act.
(7) For subsection (1), it does not matter that the person is a
fictitious person represented to the adult as a real person.
(8) Evidence that the person was represented to the adult as being
under the age of 16 years, or 12 years, as the case may be, is,in the absence of evidence to the contrary, proof that the adultbelieved the person was under that age.
(9) It is a defence to a charge under this section to prove the adultbelieved on reasonable grounds that the person was at least 16
years.
(9A) For an offence defined in subsection (1) alleged to have beencommitted with the circumstance of aggravation mentioned insubsection (2)(a)(i), it is a defence to the circumstance ofaggravation to prove that the adult believed on reasonablegrounds that the person was at least 12 years.
(10) In this section—
electronic communication means email, internet chat rooms,
SMS messages, real time audio/video or other similar
communication.
meeting means meeting in person.
Page 146

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 218B]

procure means knowingly entice or recruit for the purposes ofsexual exploitation.
218B Grooming child under 16 years or parent or carer of childunder 16 years(1) In this section—(a)a reference to a child, in relation to an adult engaging in
conduct in relation to a child, is a reference to—(i)a person under 16 years; or(ii) a person the adult believes is under 16 years,
whether the person is a real person or a fictitious
person who is represented to the adult as a real
person under 16 years; and(b)a reference to a child, in relation to an adult engaging in
conduct in relation to another person who has care of achild, is a reference to—(i)a person under 16 years; or(ii) a person the adult believes is under 16 years; and(c)a reference to a person who has care of a child, in
relation to an adult engaging in conduct in relation toanother person who has care of a child, includes areference to a person whom the adult believes is aperson who has care of a child.

(2) An adult who engages in conduct in relation to a child, or aperson who has care of a child, with intent to—(a)facilitate the procurement of the child to engage in asexual act, either in Queensland or elsewhere; or(b)expose, without legitimate reason, the child to any
indecent matter, either in Queensland or elsewhere;

commits a crime.
Note—
See section 1 for the definition indecent matter.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 147

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 218B]

Maximum penalty—5 years imprisonment.
(3) The adult is liable to 10 years imprisonment if the child is—(a)a person under 12 years; or(b)a person, including a fictitious person, the adult believes
is under 12 years.

(4) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(6) For subsection (2)(a), a child engages in a sexual act if thechild—(a)allows a sexual act to be done to the child; or(b)does a sexual act to the child’s own body or the body ofanother person; or(c)otherwise engages in an act of an indecent nature.

(7) Subsection (6) is not limited to sexual intercourse or acts
involving physical contact.
(8) For subsection (2)(a)—(a)

it is not necessary to prove that the adult intended tofacilitate the procurement of the child to engage in any
particular sexual act; and(b)

it does not matter that, by reason of circumstances notknown to the adult, it is impossible in fact for the childto engage in the sexual act; and(c)it does not matter when the adult intended the childwould be procured to engage in a sexual act.

(9) Evidence that the child was represented to the adult as being
under 16 years, or under 12 years, as the case may be, is, inPage 148

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 219]the absence of evidence to the contrary, proof that the adultbelieved the child was under that age.
(10) It is a defence to a charge under this section to prove the adultbelieved on reasonable grounds that the child was at least 16
years.
(11) For an offence defined in subsection (2) alleged to have beencommitted with the circumstance of aggravation mentioned insubsection (3), it is a defence to the circumstance ofaggravation to prove that the adult believed on reasonablegrounds that the child was at least 12 years.
(12) In this section—
person who has care of a child includes a parent,
foster-parent, step-parent, guardian or other adult in charge ofthe child, whether or not the person has lawful custody of thechild.
procure means knowingly entice or recruit for the purposes ofsexual exploitation.
219

Taking child for immoral purposes(1) Any person who takes or entices away, or detains a child who
is under the age of 16 years and is not the husband or wife ofthat person for the purpose of any person, whether a particularperson or not, doing an act in relation to the child (aproscribed act) defined to constitute an offence in section 210
or 215 is guilty of a crime.
(2) If the child is of or above the age of 12 years, the offender isliable to imprisonment for 10 years.
(3) If the child is under the age of 12 years, the offender is liable
to imprisonment—(a)for life, where the proscribed act is one defined toconstitute an offence in section 215; or(b)

for 14 years in any other case.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 149

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 221](3A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) If the proscribed act is one defined to constitute an offence
defined in section 210 or 215 and the child is of or above 12
years, it is a defence to prove that the accused person believed,on reasonable grounds, the child was of or above 16 years.
221

Conspiracy to defile

Any person who conspires with another to induce a third
person, by any false pretence or other fraudulent means, topermit any person to engage in unlawful penile intercoursewith the third person commits a crime.
Maximum penalty—10 years imprisonment.
222

Incest(1) Any person who—(a)engages in penile intercourse with the person’s offspringor other lineal descendant, or sibling, parent,
grandparent, uncle, aunt, nephew or niece; and(b)knows that the other person bears that relationship to
him or her, or some relationship of that type to him orher;commits a crime.
Maximum penalty—imprisonment for life.
(2) Any person who attempts to commit the crime of incest isliable to imprisonment for 10 years.

Page 150

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 222](3) It is immaterial that the act or attempted act of penile
intercourse happened with the consent of either person.
(4) It is a defence to a charge under this section to prove that theaccused person was, at the time when the act or attempted actof penile intercourse happened, acting under the coercion of
the other person.
(5) A reference in this section to an offspring or other lineal
descendant, or a sibling or a parent includes a relationship ofthat type that is a half, adoptive or step relationship.
(5A) For subsection (5), a reference to an adoptive relationshipincludes a relationship of that type that came into existence asa result of the making of an adoption order under the Adoption
Act 2009 regardless of whether the order has been discharged.
(6) For subsection (5), a reference to a step relationship includes a
relationship corresponding to a step relationship arisingbecause of cohabitation in a de facto relationship or becauseof a foster relationship or a legal arrangement.
(7) Also, for subsection (5), a reference to a step relationship does
not include a step relationship that first arose after the relevant
persons became adults.
(7A) Also, if a parentage order is made under the Surrogacy Act
2010, a reference in this section to an offspring or other lineal
descendant, or a sibling or a parent includes a relationship ofthat type that—(a)existed before the making of the order; or(b)came into existence as a result of the making of theorder regardless of whether the order has beendischarged.

(7B) Also, if a cultural recognition order is made under the Meriba
Omasker Kaziw Kazipa (Torres Strait Islander Traditional
Child Rearing Practice) Act 2020, a reference in this section
to an offspring or other lineal descendant, or a sibling or aparent includes a relationship of that type that—(a)existed before the making of the order; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 151

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 223](b)came into existence as a result of the making of theorder regardless of whether the order has beendischarged.

(8) This section does not apply to penile intercourse between
persons who are—

223

(a)

lawfully married; or(b)

if both persons are adults—entitled to be lawfully
married.

Distributing intimate images(1) A person who distributes an intimate image of anotherperson—(a)

without the other person’s consent; and(b)

in a way that would cause the other person distressreasonably arising in all the circumstances;commits a misdemeanour.
Examples of circumstances for subsection (1)(b)—•the circumstances surrounding the distribution of the intimate
image

•

the extent to which the distribution of the intimate image interfereswith the other person’s privacy•

the relationship, if any, between the person who distributes theintimate image and the other person

Maximum penalty—3 years imprisonment.
(2) For subsection (1)(a), a child under the age of 16 years isincapable of giving consent.
(3) For subsection (1)(b), it is immaterial whether the person who
distributes the intimate image intends to cause, or actuallycauses, the other person distress.
(4) It is a defence to a charge of an offence against subsection (1)to prove that—

Page 152

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 227](a)the person engaged in the conduct that is alleged toconstitute the offence for a genuine artistic, educational,
legal, medical, scientific or public benefit purpose; and(b)the person’s conduct was, in the circumstances,
reasonable for that purpose.

(5) In this section—consent means consent freely and voluntarily given by aperson with the cognitive capacity to give the consent.
227

Indecent acts

(1) Any person who—(a)wilfully and without lawful excuse does any indecent
act in any place to which the public are permitted tohave access, whether on payment of a charge foradmission or not; or(b)wilfully does any indecent act in any place with intent toinsult or offend any person;

is guilty of a misdemeanour, and is liable to imprisonment for
2 years.
(2) The offender may be arrested without warrant.
(3) Subsection (1) does not apply to a person who does anindecent act under the authority of an adult entertainment
permit.
227A Observations or recordings in breach of privacy(1) A person who observes or visually records another person, in
circumstances where a reasonable adult would expect to beafforded privacy—(a)without the other person’s consent; and(b)when the other person—(i)is in a private place; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 153

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 227A](ii) is engaging in a private act and the observation orvisual recording is made for the purpose ofobserving or visually recording a private act;
commits a misdemeanour.
Maximum penalty—3 years imprisonment.
Examples of circumstances where a reasonable adult would expect to beafforded privacy—
1

A person changing in a communal change room at a swimming
pool may expect to be observed by another person who is alsochanging in the room but may not expect to be visually recorded.

2

A person who needs help to dress or use a toilet may expect to beobserved by the person giving the help but may not expect to beobserved by another person.

(2) A person who observes or visually records another person’s
genital or anal region, in circumstances where a reasonableadult would expect to be afforded privacy in relation to that
region—(a)

without the other person’s consent; and(b)when the observation or visual recording is made for the
purpose of observing or visually recording the otherperson’s genital or anal region;commits a misdemeanour.
Maximum penalty—3 years imprisonment.
Example for subsection (2)—using a mobile phone in a public place to take photos of women’s
underwear under their skirts without their consent(3) In this section—consent means consent freely and voluntarily given by aperson with the cognitive capacity to give the consent.
genital or anal region, of a person, means the person’s genitalor anal region when it is bare or covered only by underwear.

Page 154

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 227B]

227B Distributing prohibited visual recordings(1) A person who distributes a prohibited visual recording ofanother person having reason to believe it to be a prohibited
visual recording, without the other person’s consent, commits
a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) In this section—consent means consent freely and voluntarily given by aperson with the cognitive capacity to give the consent.
227C Persons who are not criminally responsible for offences
against ss 223, 227A and 227B

(1) A person is not criminally responsible for an offence against
section 223, 227A(1) or (2) or 227B(1) if—(a)the person is, at the time of the offence, a law
enforcement officer acting in the course of the person’s
duties; and(b)the person’s conduct is reasonable in the circumstances
for the performance of the duties.

(2) A person is not criminally responsible for an offence against
section 223, 227A(1) or (2) or 227B(1) in relation to an
intimate image or an observation or visual recording ofanother person who is in lawful custody or subject to asupervision order if—(a)the person is, at the time of the offence, acting in thecourse of the person’s duties in relation to the otherperson’s lawful custody or supervision order; and(b)the person’s conduct is reasonable in the circumstances
for the performance of the duties.
Examples of conduct that may be reasonable for the performance of
duties—•the observation of a person for the safety of the person or
another person

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 155

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228]•the observation of a person providing a urine sample for adrug test(3) In this section—
lawful custody includes detention under the Mental HealthAct 2016 in—(a)an authorised mental health service or a high security
unit within the meaning of that Act; or(b)the forensic disability service within the meaning of the
Forensic Disability Act 2011.

supervision order, for a person, means an order under an Act
or a law of the Commonwealth or another State or made by anAustralian court that subjects the person to supervision
including, for example, the following orders—

228

(a)

a community based order, or drug and alcohol treatment
order, under the Penalties and Sentences Act 1992;(b)

a community based order or supervised release orderunder the Youth Justice Act 1992;(c)a parole order under the Corrective Services Act 2006;(d)a supervision order or an interim supervision orderunder the Dangerous Prisoners (Sexual Offenders) Act
2003.

Obscene publications and exhibitions(1) Any person who knowingly, and without lawful justification
or excuse—Page 156(a)publicly sells, distributes or exposes for sale any
obscene book or other obscene printed or written matter,any obscene computer generated image or any obscene
picture, photograph, drawing, or model, or any otherobject tending to corrupt morals; or(b)exposes to view in any place to which the public are
permitted to have access, whether on payment of acharge for admission or not, any obscene picture,
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228]photograph, drawing, or model, or any other object
tending to corrupt morals; or(c)publicly exhibits any indecent show or performance,
whether on payment of a charge for admission to see theshow or performance or not;is guilty of a misdemeanour, and is liable to imprisonment for
2 years.
(2) In the case of an offence defined in subsection (1)(a) or (b), if
the matter or thing is obscene or tends to corrupt morals by
reason of depicting a person who is or is represented to be—(a)a child under the age of 16 years—the offender is liable
to imprisonment for 5 years; or(b)a child under the age of 12 years—the offender is liable
to imprisonment for 10 years.

(3) In the case of an offence defined in subsection (1)(c), if aperson appearing in the indecent show or performance is or isrepresented to be—(a)a child under the age of 16 years—the offender is liable
to imprisonment for 5 years; or(b)a child under the age of 12 years—the offender is liable
to imprisonment for 10 years.

(4) It is a defence to a charge of any of the offences defined in thissection to prove that it was for the public benefit that the act
complained of should be done.
(5) Whether the doing of any such act is or is not for the publicbenefit is a question of fact.
(5A) Section 207A, definition distribute, does not apply to thissection.
(6) In this section—
computer generated image means electronically recorded
data capable, by way of an electronic device, of being
produced on a computer monitor, television screen, liquid
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 157

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228A]

crystal display or similar medium as an image, including animage in the form of text.
228A Involving child in making child exploitation material(1) A person who involves a child in the making of child
exploitation material commits a crime.
Maximum penalty—(a)if the offender uses a hidden network or an anonymising
service in committing the offence—25 years
imprisonment; or(b)otherwise—20 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
involves a child in the making of child exploitation material
includes—(a)in any way concerns a child in the making of child
exploitation material; and(b)attempts to involve a child in the making of child
exploitation material.

228B Making child exploitation material(1) A person who makes child exploitation material commits acrime.
Maximum penalty—

Page 158

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228C](a)if the offender uses a hidden network or an anonymising
service in committing the offence—25 years
imprisonment; or(b)otherwise—20 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
make child exploitation material includes—(a)produce child exploitation material; and(b)attempt to make child exploitation material.

228C Distributing child exploitation material(1) A person who distributes child exploitation material commits
a crime.
Maximum penalty—(a)if the offender uses a hidden network or an anonymising
service in committing the offence—20 years
imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 159

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228D]

228D Possessing child exploitation material(1) A person who knowingly possesses child exploitation material
commits a crime.
Maximum penalty—(a)if the offender uses a hidden network or an anonymising
service in committing the offence—20 years
imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
228DA Administering child exploitation material website(1) A person who administers a website knowing the website isused to distribute child exploitation material commits a crime.
Maximum penalty—(a)if the offender uses a hidden network or an anonymising
service in committing the offence—20 years
imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Page 160

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228DB](4) It is a defence to a charge under this section to prove that theperson, on becoming aware the website was being used to
distribute child exploitation material, took all reasonable steps
in the circumstances to prevent other persons from being able
to use the website to access child exploitation material.
Examples of steps that may be reasonable in the circumstances—•telling a police officer the website is being used to distribute child
exploitation material and complying with any reasonable direction
given by the police officer about what to do in relation to thewebsite•shutting the website down•

modifying the operation of the website so it can not be used to
distribute or access child exploitation material(5) In this section—
administer, a website, includes—(a)design, create, manage or maintain the website, part of
the website or a function of the website; or(b)provide a device to host the website, part of the website
or a function of the website; or(c)facilitate the operation and use of the website, part of thewebsite or a function of the website.

228DB Encouraging use of child exploitation material website(1) A person who, knowing a website is used to distribute child
exploitation material, distributes information—(a)to encourage someone, whether a particular person ornot, to use the website; or(b)

to advertise or promote the website to someone, whether
a particular person or not;commits a crime.
Maximum penalty—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 161

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228DC](a)if the offender uses a hidden network or an anonymising
service in committing the offence—20 years
imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
228DC Distributing information about avoiding detection(1) A person who distributes information about how to avoid
detection of, or prosecution for, conduct that involves thecommission of a child exploitation material offence commits acrime.
Maximum penalty—(a)if the offender uses a hidden network or an anonymising
service in committing the offence—20 years
imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
child exploitation material offence means an offence against
section 228A, 228B, 228C, 228D, 228DA, 228DB or thissection.
Page 162

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228E]

228E Defences for ss 228A–228DC(1) Subsections (2), (3) and (5) prescribe defences available to aperson charged with an offence against section 228A, 228B,
228C, 228D, 228DA, 228DB or 228DC.
(2) It is a defence for the person to prove that—(a)the person engaged in the conduct that is alleged toconstitute the offence for a genuine artistic, educational,
legal, medical, scientific or public benefit purpose; and(b)the person’s conduct was, in the circumstances,
reasonable for that purpose.

Example of something made for a public benefit—
a current affairs television program showing children being tortured
during a civil war(3) It is a defence for the person to prove that, at the time of thealleged offence—(a)the material that is alleged to be child exploitationmaterial was subject to a conditional cultural exemption
in relation to a relevant showing; and(b)the person engaged in the conduct that is alleged toconstitute the offence for the purpose of the relevant
showing.

(4) Whether conduct was engaged in for a purpose mentioned insubsection (2)(a) or (3)(b) is a question of fact.
(5) It is a defence for the person to prove that the material alleged
to be child exploitation material is a computer game, film or
publication that is classified as something other than RC.
(6) For subsection (5), the material may have been classified
before, or may be classified after, the offence is alleged tohave been committed.
(7) A certificate that states any of the following facts is evidenceof that fact—(a)whether a stated computer game, film or publication has
been classified;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 163

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228F](b)

if a stated computer game, film or publication has beenclassified—the classification given to the computer
game, film or publication.

(8) In this section—
certificate means a certificate under the CommonwealthClassification Act, section 25 or 87.
relevant showing has the meaning given by
Commonwealth Classification Act, sections 6C and 6E.

thesubject to a conditional cultural exemption has the meaning
given by the Commonwealth Classification Act, section 5.
228F

Excluding non-essential persons from court when child
exploitation material displayed(1) When material alleged to be child exploitation material is on
display in a courtroom, the court must exclude from thecourtroom anyone who is not an essential person.
(2) An essential person is—Page 164(a)a party, or a person representing a party, to theproceeding; or(b)a Crown Law Officer or a person authorised by a Crown
Law Officer; or(c)the prosecutor; or(d)a witness giving evidence; or(e)a person who is an intermediary under the Evidence Act
1977, part 2, division 4C for a witness giving evidence;or(f)a person who a witness is entitled to have present incourt under the Evidence Act 1977, section 21A(2)(d) or
21AV or the Criminal Law (Sexual Offences) Act 1978,section 5(1)(g); or

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228G](g)a person whose presence is, in the court’s opinion,
necessary or desirable for the proper conduct of theproceeding; or(h)a person who applies to the court to be present andwhose presence, in the court’s opinion—(i)would serve a proper interest of the person; and(ii) would not be prejudicial to the interests of any
child described or depicted in the child exploitationmaterial, whether or not any child can be identified
from the child exploitation material.
(3) When forming an opinion under subsection (2)(g) or (h), thecourt must consider the public benefit of limiting the numberof people with access to child exploitation material.
228G Forfeiture of child abuse objects, child exploitationmaterial etc.

(1) This section applies if a person is prosecuted for an offence
against—(a)section 210(1)(e) or (f), 218A or 218B; or(b)section 228A, 228B, 228C, 228D, 228DA, 228DB,
228DC, 228I or 228J.

(2) Whether or not the person is convicted of the offence, thecourt may order the photograph, visual image, material or
object that is the subject of the offence be forfeited to theState.
(3) If the person is convicted of the offence, the court may alsoorder that anything used to commit the offence be forfeited to
the State.
Example of a thing used to commit the offence—
a computer, camera or sound recording device(4) Subsections (2) and (3) apply whether the thing to be forfeited
has been seized or is in its owner’s possession.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 165

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228H](5) The court may also make any order that it considers
appropriate to enforce the forfeiture.
(6) This section does not limit the court’s powers under the
Penalties and Sentences Act 1992, the Criminal Proceeds
Confiscation Act 2002 or another law.
(7) When forfeited to the State, the thing becomes the State’s
property and may be dealt with as directed by the chief
executive.
228H Possession etc. of child abuse objects or child
exploitation material by law enforcement officer(1) A person is not criminally responsible for an offence against
section 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or
228J if—(a)the person is, at the time of the offence, a law
enforcement officer acting in the course of the person’s
duties; and(b)the person’s conduct is reasonable in the circumstances
for the performance of the duties.
Examples of conduct that may be reasonable for the performance ofa law enforcement officer’s duties—•

copying child exploitation material for the purposes ofpreparing a brief for police prosecutors•

supplying child exploitation material to the Classification
Board established under the Commonwealth Classification
Act for classification under that Act or to the Office of the
Director of Public Prosecutions for use during theprosecution of a person for an offence•

keeping child exploitation material obtained during an
investigation for legitimate intelligence purposes(2) However, subsection (1) does not apply to the extent that theperson’s conduct consists of engaging in conduct or an
activity that—(a)Page 166

is authorised under—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228I](i)

the Police Powers and Responsibilities Act 2000,
chapter 10 or 11; or(ii) the Crime and Corruption Act 2001, chapter 3,part 6A; or(b)

is otherwise directed to gaining evidence of thecommission of an offence against a particular person.

(3) In this section—
law enforcement officer includes an inspector under any of
the following Acts—

228I

(a)

the Classification of Computer Games and Images Act
1995;

(b)

the Classification of Films Act 1991;(c)the Classification of Publications Act 1991.

Producing or supplying child abuse object(1) A person who produces or supplies a child abuse object
commits a crime.
Maximum penalty—(a)if the production or supply is for a commercial
purpose—20 years imprisonment; or(b)otherwise—14 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
produce includes—(a)

prepare, manufacture or package; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 167

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 228J](b)

offer to produce; and(c)do or offer to do any act in preparation for or furtheranceof, or for the purpose of, an act of producing.

supply includes—

228J

(a)

give, distribute, sell or transport; and(b)offer to supply; and(c)do or offer to do any act in preparation for or furtheranceof, or for the purpose of, an act of supply.

Possessing child abuse object(1) A person who knowingly possesses a child abuse object
commits a crime.
Maximum penalty—14 years imprisonment.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
228K Defence for ss 228I and 228J

(1) It is a defence for a person charged with an offence against
section 228I or 228J to prove that—(a)the person engaged in the conduct that is alleged toconstitute the offence for a genuine artistic, educational,
legal, medical, scientific or public benefit purpose; and(b)the person’s conduct was, in the circumstances,
reasonable for that purpose.

(2) Whether conduct was engaged in for a purpose mentioned insubsection (1)(a) is a question of fact.
Page 168

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229]229

Knowledge of age immaterial

Except as otherwise expressly stated, it is immaterial, in thecase of any of the offences defined in this chapter committedwith respect to a person under a specified age, that the accused
person did not know that the person was under that age, or
believed that the person was not under that age.
229A Threats to distribute intimate image or prohibited visual
recording(1) A person commits a misdemeanour if—(a)the person makes a threat to another person to distributean intimate image or prohibited visual recording of theother person—(i)without the other person’s consent; and(ii) in a way that would cause the other person distressreasonably arising in all the circumstances; and(b)the threat is made in a way that would cause the otherperson fear, reasonably arising in all the circumstances,of the threat being carried out.

Examples of circumstances for subsection (1)—•the circumstances surrounding the threat•

the relationship, if any, between the person who makes the threat
and the other person

Maximum penalty—3 years imprisonment.
(2) A person commits a misdemeanour if—(a)the person makes a threat to another person (person A)
to distribute an intimate image or prohibited visual
recording of another person (person B)—(i)

without person B’s consent; and(ii) in a way that would cause either person A or
person B distress reasonably arising in all thecircumstances; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 169

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229AA](b)

the threat is made in a way that would cause person A
fear, reasonably arising in all the circumstances, of thethreat being carried out.

Examples of circumstances for subsection (2)—•the circumstances surrounding the threat•

the relationship, if any, between the person who makes the threat
and person A or person B

Maximum penalty—3 years imprisonment.
(3) For subsections (1) and (2) it is immaterial whether—(a)the intimate image or prohibited visual recording exists
or does not exist; or(b)the person who makes the threat intends to cause, or
actually causes, the fear mentioned in the subsection.

(4) For subsections (1)(a)(i) and (2)(a)(i), a child under the age of
16 years is incapable of giving consent.
(5) In this section—consent means consent freely and voluntarily given by aperson with the cognitive capacity to give the consent.
229AA Rectification order—offence against s 223, 227A, 227B or
229A(1) If a person is convicted of an offence against section 223(1),227A(1) or (2), 227B(1) or 229A(1) or (2) the court may orderthe person to take reasonable action to remove, retract,
recover, delete or destroy an intimate image or prohibited
visual recording involved in the offence within a stated period.
(2) A person who fails to comply with an order made undersubsection (1) commits a misdemeanour.
Maximum penalty—2 years imprisonment.

Page 170

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229B]

229B Repeated sexual conduct with a child(1) Any adult who maintains an unlawful sexual relationship witha child under the age of 16 years commits a crime.
Maximum penalty—life imprisonment.
(2) An unlawful sexual relationship is a relationship that involves
more than 1 unlawful sexual act over any period.
(3) For an adult to be convicted of the offence of maintaining an
unlawful sexual relationship with a child, all the members of
the jury must be satisfied beyond reasonable doubt that theevidence establishes that an unlawful sexual relationship withthe child involving unlawful sexual acts existed.
(4) However, in relation to the unlawful sexual acts involved in an
unlawful sexual relationship—(a)the prosecution is not required to allege the particularsof any unlawful sexual act that would be necessary if theact were charged as a separate offence; and(b)

the jury is not required to be satisfied of the particularsof any unlawful sexual act that it would have to besatisfied of if the act were charged as a separate offence;
and

(c)

all the members of the jury are not required to besatisfied about the same unlawful sexual acts.

(5) If the child was at least 12 years when the crime was alleged
to have been committed, it is a defence to prove the adultbelieved on reasonable grounds the child was at least the ageof 16 years.
(6) An adult can not be prosecuted for the crime without a Crown
Law Officer’s consent.
(6A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for the crime.
(7) An adult may be charged in 1 indictment with—(a)the offence of maintaining an unlawful sexual
relationship with a child (the maintaining offence); andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 171

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229B](b)

1 or more other offences of a sexual nature alleged tohave been committed by the adult in relation to the childin the course of the alleged unlawful sexual relationship(the other offence or offences).

(8) The adult charged in 1 indictment as mentioned insubsection (7) may be convicted of and punished for any or allof the offences charged.
(9) However, if the adult is—(a)charged in 1 indictment as mentioned in subsection (7);
and

(b)

sentenced to imprisonment for the maintaining offence
and for the other offence or offences;the court imposing imprisonment may not order that thesentence for the maintaining offence be served cumulatively
with the sentence or sentences for the other offence oroffences.
Note—
See the Penalties and Sentences Act 1992, section 155 (Imprisonment
to be served concurrently unless otherwise ordered).

(9A) The heading of this section—(a)is not part of this section, despite the Acts Interpretation
Act 1954, section 14; and(b)

is not intended to affect the interpretation or operation ofthis section.

Note—
Parliament, in amending the heading of this section by the Domestic
and Family Violence Protection (Combating Coercive Control) and
Other Legislation Amendment Act 2023 did not intend to change thenature or scope of this offence or the requirements for establishing an
offence against this section.

(10) In this section—
offence of a sexual nature means an offence defined in
section 210 (other than section 210(1)(e) or (f)), 215, 222,
349, 350 or 352.
Page 172

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229BB]

unlawful sexual act means an act that constitutes, or would
constitute (if it were sufficiently particularised), an offence ofa sexual nature.
Note—
See sections 746 and 747 in relation to—(a) the application of this section in relation to acts done before 3 July
1989; and(b) the application of this section during the period 3 July 1989 to 30
April 2003.

229BB Failure to protect child from child sexual offence(1) An accountable person commits a crime if—(a)the person knows there is a significant risk that another
adult (the alleged offender) will commit a child sexual
offence in relation to a child; and(b)the alleged offender—(i)

is associated with an institution; or(ii) is a regulated volunteer; and(c)the child is under the care, supervision or control of an
institution; and(d)the child is either—(i)under 16 years; or(ii) a person with an impairment of the mind; and(e)the person has the power or responsibility to reduce orremove the risk; and(f)the person wilfully or negligently fails to reduce orremove the risk.

Maximum penalty—5 years imprisonment.
(2) For subsection (1), it does not matter that the knowledge wasgained by the accountable person during, or in connection
with, a religious confession.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 173Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229BB](3) For this section, an adult is associated with an institution if
the adult—(a)owns, or is involved in the management or control of,
the institution; or(b)is employed or engaged by the institution; or(c)works as a volunteer for the institution; or(d)engages in an activity in relation to the institution forwhich a working with children authority under theWorking with Children (Risk Management andScreening) Act 2000 is required; or(e)engages in the delivery of a service to a child who isunder the care, supervision or control of the institution.

(4) In this section—accountable person means an adult who is associated with an
institution, other than a regulated volunteer.
institution means an entity, other than an individual, that—(a)provides services to children; or(b)operates a facility for, or engages in activities with,children under the entity’s care, supervision or control.

Examples of institutions—schools, government agencies, religious organisations, hospitals, childcare centres, licensed residential facilities, sporting clubs, youth
organisations

regulated volunteer means an adult who is taken to be a
volunteer employed or engaged in regulated employment at aperson’s home, residence or household under any of thefollowing provisions of the Working with Children (RiskManagement and Screening) Act 2000, schedule 1—

Page 174(a)section 4(2) or (3);(b)

section 9(2);(c)

section 14(2).

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 22 Offences against morality[s 229BC]

229BC Failure to report belief of child sexual offence committed
in relation to child(1) This section applies to an adult if—(a)the adult gains information that causes the adult tobelieve on reasonable grounds, or ought reasonably tocause the adult to believe, that a child sexual offence isbeing or has been committed against a child by another
adult; and(b)at the relevant time, the child is or was—(i)under 16 years; or(ii) a person with an impairment of the mind.
(2) If, without reasonable excuse, the adult fails to disclose theinformation to a police officer as soon as reasonably
practicable after the belief is, or ought reasonably to havebeen, formed, the adult commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(3) For subsection (1), it does not matter that the information was
gained by the adult during, or in connection with, a religious
confession.
(4) Without limiting what may be a reasonable excuse forsubsection (2), an adult has a reasonable excuse if—(a)the adult believes on reasonable grounds that the
information has already been disclosed to a police
officer; or(b)the adult has already reported the information under anyof the following provisions, or believes on reasonablegrounds that another person has done or will do so—(i)the Childpart 1AA;

Protection

Act

1999,

chapter 2,(ii) the Education (General Provisions) Act 2006,
chapter 12, part 10;(iii) the Youth Justice Act 1992, part 8 or 9; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 175

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 23 Nuisances—misconduct relating to corpses[s 230A](c)

the adult gains the information after the child becomesan adult (the alleged victim), and the adult reasonably
believes the alleged victim does not want the
information to be disclosed to a police officer; or(d)both of the following apply—(i)the adult reasonably believes disclosing theinformation to a police officer would endanger thesafety of the adult or another person, other than the
alleged offender, regardless of whether the belief
arises because of the fact of the disclosure or the
information disclosed;(ii) failure to disclose the information to a police
officer is a reasonable response in thecircumstances.
(5) An adult who, in good faith, discloses information mentioned
in subsection (1)(a) to a police officer is not liable civilly,
criminally or under an administrative process for making thedisclosure.
(6) In this section—
relevant time, in relation to the child sexual offence
mentioned in subsection (1)(a), means the time that theadult—(a)believes to be the time of commission of the offence; or(b)ought reasonably to believe to be the time ofcommission of the offence.

Chapter 23

Nuisances—misconduct
relating to corpses

230A Definitions for ch 23

In this chapter—
Page 176

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 23 Nuisances—misconduct relating to corpses[s 230A]

conduct means conduct, promote, organise, control oroperate.
occupier, of a place, means any of the following—(a)the owner, lessee or person apparently in charge of theplace;(b)

the person who has the care, management or supervisionof the place or who is conducting a business at the place.

place includes land, premises and a vehicle.
public place means—(a)a place, or part of a place, that the public is entitled touse, is open to members of the public or is used by the
public, whether or not on payment of money; or(b)a place, or part of a place, the occupier of which allows,
whether or not on payment of money, members of the
public to enter.

unlawful game means a game of chance, or mixed chance andskill, that—(a)is not authorised under an Act; and(b)is played by 1 or more persons (players) who gamble or
bet on an outcome of the game for the purpose of
winning money or another consideration; and(c)has at least 1 of the following characteristics—(i)the game is conducted or played in a public place;(ii) the game is played in a place, or part of a place, theoccupier of which allows, on payment of money orfor other consideration, players to enter and use forplaying the game;(iii) a percentage of the amount gambled or bet is—(A)

kept by 1 or more of the players, or anotherperson; and(B)

not included in the winnings of the players.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 177

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 23 Nuisances—misconduct relating to corpses[s 230]230

Common nuisances

Any person who—(a)without lawful justification or excuse, the proof ofwhich lies on the person, does any act, or omits to do
any act with respect to any property under the person’scontrol, by which act or omission danger is caused to thelives, safety, or health, of the public; or(b)without lawful justification or excuse, the proof ofwhich lies on the person, does any act, or omits to do
any act with respect to any property under the person’scontrol, by which act or omission danger is caused to theproperty or comfort of the public, or the public are
obstructed in the exercise or enjoyment of any rightcommon to all the Sovereign’s subjects, and by which
injury is caused to the person of some person;

is guilty of a misdemeanour, and is liable to imprisonment for
2 years.
232

Operating a place for unlawful games(1) A person who operates a place—(a)for the purpose of conducting an unlawful game, by the
person or another person; or(b)for the purpose of playing an unlawful game;commits a misdemeanour.
Maximum penalty—600
imprisonment.

penalty

units

or

3

years

(2) In this section—
operates includes owns, leases, manages, controls andmaintains.

Page 178

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 23 Nuisances—misconduct relating to corpses[s 233]233

Possession of thing used to play an unlawful game

(1) A person who possesses gaming equipment that has been
used, or is intended to be used, for playing an unlawful gamecommits an offence.
Maximum penalty—200 penalty units.
(2) In this section—
gaming equipment means a machine or other device (whether
electronic, electrical or mechanical), computer software, oranother thing, used or suitable for use, for playing an unlawful
game.
Example of another thing, used or suitable for use, for playing an unlawful
game—
implements for playing two-up

234

Conducting or playing unlawful games(1) A person who conducts an unlawful game commits anoffence.
Maximum penalty—200 penalty units.
(2) A person who plays an unlawful game commits an offence.
Maximum penalty—40 penalty units.
236

Misconduct with regard to corpses(1) A person who, without lawful justification or excuse, theproof of which lies on the person, neglects to perform any
duty imposed on the person by law, or undertaken by the
person, whether for reward or otherwise, touching the burial
or other disposition of a human body or human remains is
guilty of a misdemeanour.
Maximum penalty—2 years imprisonment.
(2) A person who, without lawful justification or excuse, theproof of which lies on the person, improperly or indecently
interferes with, or offers any indignity to, any dead humanCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 179

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 24 Offences against public health[s 238]body or human remains, whether buried or not, is guilty of acrime.
Maximum penalty—5 years imprisonment.

Chapter 24
238

Offences against public healthContamination of goods(1) A person who contaminates or interferes with goods, ormakes it appear that goods have been contaminated orinterfered with, commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) If the person commits the offence with intent to cause—(a)public alarm or anxiety; or(b)members of the public who are aware of thecontamination or interference or apparent contamination
or interference to refrain from purchasing those goods
or goods of that or any similar class; or(c)any person to suffer economic loss through taking steps
to avoid public alarm or anxiety; or(d)members of the public to refrain from purchasing those
goods or goods of that or any similar class;the person commits a crime.
Maximum penalty—10 years imprisonment.
(3) A person who, with any intent mentioned in subsection (2),threatens that he or she or any other person will contaminate
or interfere with goods or make it appear that goods have been
contaminated or interfered with, commits a crime.
Maximum penalty—7 years imprisonment.

Page 180

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 24 Offences against public health[s 239](4) If the threat is accompanied by the making of a demand, theperson commits a crime.
Maximum penalty—14 years imprisonment.
239

Hoax contamination of goods

A person who makes a statement or conveys information toanother person that he or she knows or believes to be falsewith the intention of inducing in that person or another person
a belief that goods have been contaminated or interfered withand causes—(a)public alarm or anxiety; or(b)that person or that other person to refrain frompurchasing those goods or goods of that or any similarclass; or(c)any person to suffer economic loss through taking steps
to avoid public alarm or anxiety; or(d)members of the public to refrain from purchasing those
goods or goods of that or any similar class;commits a crime.
Maximum penalty—7 years imprisonment.
240

Dealing in contaminated goods

A person who knowingly—(a)sells or exposes for sale as goods for humanconsumption, or has in the person’s possession withintent to sell it as goods for human consumption, any
article that the person knows to be contaminated orotherwise unfit as goods for human consumption; or(b)takes into a slaughter house used for the slaughter of any
animals intended for human consumption the whole or
any part of the carcass of an animal that has died of adisease; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 181

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in general
Chapter 25 Cruelty to animals[s 241](c)sells or exposes for sale the whole or part of the carcassof an animal that has died of a disease or that was
diseased when slaughtered;commits a misdemeanour.
Maximum penalty—3 years imprisonment.
241

Definitions for ch 24

In this chapter—
contaminate includes to add, mix or put in a deleterious or
poisonous substance.
goods includes beverage and food for human consumption
and any substances whether natural or manufactured andwhether or not incorporated in or mixed with other goods.

Chapter 25
242

Cruelty to animals

Serious animal cruelty(1) A person who, with the intention of inflicting severe pain or
suffering, unlawfully kills, or causes serious injury or
prolonged suffering to, an animal commits a crime.
Maximum penalty—7 years imprisonment.
(2) An act or omission that causes the death of, or serious injury
or prolonged suffering to, an animal is unlawful unless it isauthorised, justified or excused by—(a)the Animal Care and Protection Act 2001; or(b)another law, other than section 458 of this Code.

(3) In this section—
serious injury means—
Page 182

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 245](a)the loss of a distinct part or an organ of the body; or(b)a bodily injury of such a nature that, if left untreated,would—(i)endanger, or be likely to endanger, life; or(ii) cause, or be likely to cause, permanent injury tohealth.

Part 5

Offences against the person
and relating to marriage andparental rights and duties

Chapter 26

Assaults and violence to theperson generally—justificationand excuse

245

Definition of assault(1) A person who strikes, touches, or moves, or otherwise applies
force of any kind to, the person of another, either directly or
indirectly, without the other person’s consent, or with theother person’s consent if the consent is obtained by fraud, or
who by any bodily act or gesture attempts or threatens toapply force of any kind to the person of another without theother person’s consent, under such circumstances that theperson making the attempt or threat has actually or apparently
a present ability to effect the person’s purpose, is said toassault that other person, and the act is called an assault.
(2) In this section—
applies force includes the case of applying heat, light,
electrical force, gas, odour, or any other substance or thing
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 183

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 246]

whatever if applied in such a degree as to cause injury or
personal discomfort.
246

Assaults unlawful(1) An assault is unlawful and constitutes an offence unless it isauthorised or justified or excused by law.
(2) The application of force by one person to the person ofanother may be unlawful, although it is done with the consent
of that other person.
247

Execution of sentence

It is lawful for a person who is charged by law with the dutyof executing or giving effect to the lawful sentence of a court
to execute or give effect to that sentence.
248

Execution of process

It is lawful for a person who is charged by law with the dutyof executing the lawful process of a court, and who is required
to arrest or detain another person under such process, and forevery person lawfully assisting a person so charged, to arrest
or detain that other person according to the terms of theprocess.
249

Execution of warrants

It is lawful for a person who is charged by law with the dutyof executing a lawful warrant issued by any court or justice orother person having jurisdiction to issue it, and who isrequired to arrest or detain another person under such warrant,
and for every person lawfully assisting a person so charged, toarrest or detain that other person according to the directions of
the warrant.

Page 184

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 250]250

Erroneous sentence or process or warrant

If the sentence was passed, or the process was issued, by acourt having jurisdiction under any circumstances to passsuch a sentence or to issue such process, or if the warrant wasissued by a court or justice or other person having authority
under any circumstances to issue such a warrant, it isimmaterial whether the court or justice or person had or had
not authority to pass the sentence or issue the process or
warrant in the particular case; unless the person executing thesame knows that the sentence or process or warrant was in fact
passed or issued without authority.
251

Sentence or process or warrant without jurisdiction

A person who executes or assists in executing any sentence,
process, or warrant, which purports to be passed or issued by acourt, justice, or other person, and who would be justified,under the provisions of sections 247 to 250, in executing thesame if it had been passed or issued by a court, justice, or
person having authority to pass or issue it, is not criminallyresponsible for any act done in such execution,
notwithstanding that the court, justice, or person, had noauthority to pass the sentence or issue the process or warrant,
if in such execution the person acted in good faith and in the
belief that the sentence, process, or warrant, was that of acourt, justice, or other person, having such authority.
252

Arrest of wrong person(1) A person who, being duly authorised to execute a warrant toarrest one person, arrests another person, believing in goodfaith and on reasonable grounds that the person arrested is the
person named in the warrant, is not criminally responsible fordoing so to any greater extent than if the person arrested had
been the person named in the warrant.
(2) Any person who lawfully assists in making such an arrest,
believing that the person arrested is the person named in thewarrant, or who, being required by the warrant to receive andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 185

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 253]detain the person named in it, receives and detains the person
so arrested, is not criminally responsible for doing so to any
greater extent than if the person arrested had been the person
named in the warrant.
253

Irregular process or warrant

When any process or warrant is bad in law by reason of some
defect in substance or in form apparent on the face of it, aperson who, in good faith and believing that it is good in law,acts in the execution of the process or warrant, is notcriminally responsible for anything done in such execution to
any greater extent than if the process or warrant were good in
law.
254

Force used in executing process or in arrest

It is lawful for a person who is engaged in the lawful
execution of any sentence, process, or warrant, or in making
any arrest, and for any person lawfully assisting the person, touse such force as may be reasonably necessary to overcome
any force used in resisting such execution or arrest.
255

Duty of persons arresting(1) It is the duty of a person executing any process or warrant tohave it with him or her, if reasonably practicable, and to
produce it if required.
(2) It is the duty of a person arresting another, whether with orwithout warrant, to give notice, if practicable, of the process
or warrant under which the person is acting or of the cause of
the arrest.
(3) A failure to fulfil either of the aforesaid duties does not of
itself make the execution of the process or warrant or thearrest unlawful, but is relevant to the inquiry whether theprocess or warrant might not have been executed or the arrest
made by reasonable means in a less forcible manner.
Page 186

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 257]257

Other cases of preventing escape from arrest(1) When a person who is not a police officer is proceeding
lawfully to arrest, without warrant, another person for an
offence which is such that the offender may be arrested
without warrant, and when any person is proceeding lawfully
to arrest another person for any cause other than such an
offence, and, in either case, the person sought to be arrested
takes to flight in order to avoid arrest, it is lawful for the
person seeking to arrest the other person to use such force as
may be reasonably necessary to prevent the other person’s
escape.
(2) But this section does not authorise the use of force which isintended or is likely to cause death or grievous bodily harm.
258

Preventing escape or rescue after arrest(1) When any person has lawfully arrested another person for any
offence, it is lawful for the person to use such force as the
person believes, on reasonable grounds, to be necessary to
prevent the escape or rescue of the person arrested.
(2) But, if the offence is not a crime which is such that theoffender may be arrested without warrant, this section does
not authorise the use of force which is intended or is likely tocause death or grievous bodily harm.
(3) This section does not limit the powers a police officer has
under the Police Powers and Responsibilities Act 2000.
260

Preventing a breach of the peace

It is lawful for any person who witnesses a breach of the peace
to interfere to prevent the continuance or renewal of it, and touse such force as is reasonably necessary for such prevention
and is reasonably proportioned to the danger to beapprehended from such continuance or renewal, and to detain
any person who is committing or who is about to join in or to
renew the breach of the peace for such time as may be
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 187

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 261]

reasonably necessary in order to give the person into thecustody of a police officer.
261

Suppression of riot

It is lawful for any person to use such force as is necessary to
suppress a riot, and is reasonably proportioned to the danger
to be apprehended from its continuance.
262

Suppression of riot by magistrates

It is lawful for a justice to use or order to be used such force as
the justice believes, on reasonable grounds, to be necessary inorder to suppress a riot, and is reasonably proportioned to thedanger which the justice believes, on reasonable grounds, is tobe apprehended from its continuance.
263

Suppression of riot by person acting under lawful orders(1) It is lawful for any person acting in good faith in obedience toorders, not manifestly unlawful, given by a justice for the
suppression of a riot, to use such force as the person believes,on reasonable grounds, to be necessary for carrying suchorders into effect.
(2) Whether any particular order so given is or is not manifestly
unlawful is a question of law.
264

Suppression of riot by person acting without order incase of emergency

When any person, whether subject to military law or not,believes, on reasonable grounds, that serious mischief willarise from a riot before there is time to procure theintervention of a justice, it is lawful for the person to use suchforce as the person believes, on reasonable grounds, to benecessary for the suppression of the riot, and as is reasonably
proportioned to the danger which the person believes, on
Page 188

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 265]

reasonable grounds, is to be apprehended from its
continuance.
265

Riot—persons subject to military law(1) It is lawful for a person who is bound by military law to obey
the lawful commands of the person’s superior officer to obey
any command given to the person by his or her superior
officer in order to the suppression of a riot, unless thecommand is manifestly unlawful.
(2) Whether any particular command is or is not manifestly
unlawful is a question of law.
266

Prevention of crimes and offences for which an offender
may be arrested without warrant—prevention of violenceby particular persons

It is lawful for any person to use such force as is reasonably
necessary in order to prevent the commission of an offence
which is such that the offender may be arrested without
warrant; or in order to prevent any act from being done as towhich the person believes, on reasonable grounds, that it
would, if done, amount to any such offence; or in order toprevent a person whom the person believes, on reasonablegrounds, to be an involuntary patient under the Mental HealthAct 2016 or a forensic disability client under the Forensic
Disability Act 2011 from doing violence to any person orproperty.
267

Defence of dwelling

It is lawful for a person who is in peaceable possession of adwelling, and any person lawfully assisting him or her or
acting by his or her authority, to use force to prevent or repel
another person from unlawfully entering or remaining in thedwelling, if the person using the force believes on reasonablegrounds—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 189

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 268]268(a)the other person is attempting to enter or to remain in
the dwelling with intent to commit an indictable offence
in the dwelling; and(b)

it is necessary to use that force.

Provocation(1) The term provocation, used with reference to an offence of
which an assault is an element, means and includes, except ashereinafter stated, any wrongful act or insult of such a nature
as to be likely, when done to an ordinary person, or in thepresence of an ordinary person to another person who is under
the person’s immediate care, or to whom the person stands in
a conjugal, parental, filial, or fraternal, relation, or in therelation of master or servant, to deprive the person of thepower of self-control, and to induce the person to assault theperson by whom the act or insult is done or offered.
(2) When such an act or insult is done or offered by one person toanother, or in the presence of another to a person who is under
the immediate care of that other, or to whom the latter stands
in any such relation as aforesaid, the former is said to give tothe latter provocation for an assault.
(3) A lawful act is not provocation to any person for an assault.
(4) An act which a person does in consequence of incitement
given by another person in order to induce the person to do theact, and thereby to furnish an excuse for committing anassault, is not provocation to that other person for an assault.
(5) An arrest which is unlawful is not necessarily provocation for
an assault, but it may be evidence of provocation to a person
who knows of the illegality.
269

Defence of provocation(1) A person is not criminally responsible for an assault
committed upon a person who gives the person provocation
for the assault, if the person is in fact deprived by the
Page 190

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 270]provocation of the power of self-control, and acts upon it on
the sudden and before there is time for the person’s passion tocool, and if the force used is not disproportionate to the
provocation and is not intended, and is not such as is likely, tocause death or grievous bodily harm.
(2) Whether any particular act or insult is such as to be likely todeprive an ordinary person of the power of self-control and to
induce the ordinary person to assault the person by whom theact or insult is done or offered, and whether, in any particularcase, the person provoked was actually deprived by the
provocation of the power of self-control, and whether any
force used is or is not disproportionate to the provocation, arequestions of fact.
270

Prevention of repetition of insult

It is lawful for any person to use such force as is reasonably
necessary to prevent the repetition of an act or insult of such anature as to be provocation to the person for an assault, if theforce used is not intended, and is not such as is likely, to cause
death or grievous bodily harm.
271

Self-defence against unprovoked assault(1) When a person is unlawfully assaulted, and has not provoked
the assault, it is lawful for the person to use such force to theassailant as is reasonably necessary to make effectual defence
against the assault, if the force used is not intended, and is not
such as is likely, to cause death or grievous bodily harm.
(2) If the nature of the assault is such as to cause reasonableapprehension of death or grievous bodily harm, and the personusing force by way of defence believes, on reasonablegrounds, that the person can not otherwise preserve the person
defended from death or grievous bodily harm, it is lawful forthe person to use any such force to the assailant as isnecessary for defence, even though such force may cause
death or grievous bodily harm.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 191

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 272]272

Self-defence against provoked assault(1) When a person has unlawfully assaulted another or has
provoked an assault from another, and that other assaults the
person with such violence as to cause reasonableapprehension of death or grievous bodily harm, and to induce
the person to believe, on reasonable grounds, that it isnecessary for the person’s preservation from death or grievous
bodily harm to use force in self-defence, the person is notcriminally responsible for using any such force as isreasonably necessary for such preservation, although suchforce may cause death or grievous bodily harm.
(2) This protection does not extend to a case in which the personusing force which causes death or grievous bodily harm firstbegun the assault with intent to kill or to do grievous bodily
harm to some person; nor to a case in which the person using
force which causes death or grievous bodily harm
endeavoured to kill or to do grievous bodily harm to someperson before the necessity of so preserving himself or herself
arose; nor, in either case, unless, before such necessity arose,
the person using such force declined further conflict, andquitted it or retreated from it as far as was practicable.
273

Aiding in self-defence

In any case in which it is lawful for any person to use force ofany degree for the purpose of defending himself or herself
against an assault, it is lawful for any other person acting ingood faith in the first person’s aid to use a like degree of force
for the purpose of defending the first person.
274

Defence of moveable property against trespassers

It is lawful for any person who is in peaceable possession ofany moveable property, and for any person lawfully assisting
him or her or acting by his or her authority, to use such force
as is reasonably necessary in order to resist the taking of suchproperty by a trespasser, or in order to retake it from a
Page 192

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 275]

trespasser, provided that the person does not do grievous
bodily harm to the trespasser.
275

Defence of moveable property with claim of right

When a person is in peaceable possession of any moveable
property under a claim of right, it is lawful for the person, andfor any person lawfully assisting him or her or acting by his or
her authority, to use such force as is reasonably necessary inorder to defend the person’s possession of the property, evenagainst a person who is entitled by law to possession of theproperty, provided that he or she does not do grievous bodily
harm to such other person.
276

Defence of moveable property without claim of right

When a person who is entitled by law to the possession of
moveable property attempts to take it from another person
who is in possession of the property, but who neither claims
right to it, nor acts by the authority of a person who claims
right, and the person in possession resists him or her, it islawful for the person so entitled to possession to use the force
that is reasonably necessary in order to obtain possession of
the property, provided that he or she does not do grievous
bodily harm to the person in possession.
277

Defence of premises against trespassers—removal ofdisorderly persons(1) It is lawful for a person who is in peaceable possession of any
land, structure, vessel, or place, or who is entitled to thecontrol or management of any land, structure, vessel, or place,and for any person lawfully assisting him or her or acting by
his or her authority, to use such force as is reasonably
necessary in order to prevent any person from wrongfully
entering upon such land, structure, vessel, or place, or in orderto remove therefrom a person who wrongfully remains
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 193

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 278]

therein, provided that he or she does not do grievous bodily
harm to such person.
(2) It is lawful for a person who is in peaceable possession of any
land, structure, vessel, or place, or who is entitled to thecontrol or management of any land, structure, vessel, or place,and for any person acting by his or her authority, to use theforce that is reasonably necessary in order to remove
therefrom any person who conducts himself or herself in adisorderly manner therein, provided that he or she does not do
the person grievous bodily harm.
(3) In this section—
place includes any part of an enclosure or structure, whether
separated from the rest of the enclosure or structure by apartition, fence, rope, or any other means, or not.
278

Defence of possession of real property or vessel withclaim of right

When a person is in peaceable possession of any land,
structure, or vessel, with a claim of right, it is lawful for the
person, and for any person lawfully assisting him or her or
acting by his or her authority, to use such force as isreasonably necessary in order to defend the person’s
possession, even against a person who is entitled by law to thepossession of the property, provided that he or she does not dogrievous bodily harm to such person.
279

Exercise of right of way or easement

When a person who is lawfully entitled to enter upon land forthe exercise of a right of way or other easement or profit
enters upon the land for the purpose of exercising such rightof way, easement, or profit, after notice that right to use suchway or easement or to take such profit is disputed by the
person in possession of the land, or having entered persists inentry after such notice, it is lawful for the person inpossession, and for any person lawfully assisting him or her orPage 194

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 280]acting by his or her authority, to use such force as isreasonably necessary for the purpose of making the person soentering desist from the entry, provided that he or she does not
do the person entering grievous bodily harm.
280

Domestic discipline

It is lawful for a parent or a person in the place of a parent, orfor a schoolteacher or master, to use, by way of correction,
discipline, management or control, towards a child or pupil,under the person’s care such force as is reasonable under thecircumstances.
281

Discipline of vehicle

It is lawful for a person in charge of a vehicle on a journey andfor any person acting by his or her authority to use, for the
purpose of maintaining good order and discipline on board thevehicle, such force as the person or such person acting by hisor her authority believes, on reasonable grounds, to benecessary, and as is reasonable under the circumstances.
282

Surgical operations and medical treatment(1) A person is not criminally responsible for performing orproviding, in good faith and with reasonable care and skill, asurgical operation on or medical treatment of a person orunborn child if performing the operation or providing thetreatment is reasonable, having regard to all the circumstancesof the case.
(1A) A person is not criminally responsible for performing orproviding, in good faith and with reasonable care and skill, asurgical operation on or medical treatment of a person orunborn child in an emergency if it is necessary to perform theoperation or provide the treatment to save the mother’s life or
the life of another unborn child.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 195

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 282A](2) If the administration by a health professional of a substance toa patient would be lawful under this section, the healthprofessional may lawfully direct or advise another person,
whether the patient or another person, to administer thesubstance to the patient or procure or supply the substance forthat purpose.
(3) It is lawful for a person acting under the lawful direction or
advice, or in the reasonable belief that the advice or direction
was lawful, to administer the substance, or supply or procure
the substance, in accordance with the direction or advice.
(4) In this section—
health professional see the Hospital and Health Boards Act
2011, schedule 2.
medical treatment, for subsection (1), does not include
medical treatment provided by an unqualified person that is
intended to adversely affect an unborn child.
patient means the person or unborn child on whom thesurgical operation is performed or of whom the medical
treatment is provided.
surgical operation, for subsection (1), does not include asurgical operation performed by an unqualified person that is
intended to adversely affect an unborn child.
unqualified person see section 319A(3).
282A Palliative care

(1) A person is not criminally responsible for providing palliative
care to another person if—

Page 196(a)the person provides the palliative care in good faith andwith reasonable care and skill; and(b)the provision of the palliative care is reasonable, having
regard to the other person’s state at the time and all thecircumstances of the case; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 26 Assaults and violence to the person generally—justification and excuse[s 283](c)the person is a doctor or, if the person is not a doctor, thepalliative care is ordered by a doctor who confirms theorder in writing.

(2) Subsection (1) applies even if an incidental effect of providing
the palliative care is to hasten the other person’s death.
(3) However, nothing in this section authorises, justifies or
excuses—(a)an act done or omission made with intent to kill anotherperson; or(b)aiding another person to kill himself or herself.

(4) To remove any doubt, it is declared that the provision of thepalliative care is reasonable only if it is reasonable in thecontext of good medical practice.
(5) In this section—
good medical practice means good medical practice for the
medical profession in Australia having regard to—(a)the recognised medical standards, practices andprocedures of the medical profession in Australia; and(b)

the recognised ethical standards of the medical
profession in Australia.

palliative care means care, whether by doing an act or making
an omission, directed at maintaining or improving the comfort
of a person who is, or would otherwise be, subject to pain andsuffering.
283

Excessive force

In any case in which the use of force by one person to anotheris lawful the use of more force than is justified by law under
the circumstances is unlawful.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 197

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 27 Duties relating to the preservation of human life[s 284]284

Consent to death immaterial

Consent by a person to the causing of the person’s own deathdoes not affect the criminal responsibility of any person bywhom such death is caused.

Chapter 27

285

Duties relating to thepreservation of human life

Duty to provide necessaries

It is the duty of every person having charge of another who isunable by reason of age, sickness, unsoundness of mind,
detention, or any other cause, to withdraw himself or herself
from such charge, and who is unable to provide himself or
herself with the necessaries of life, whether the charge isundertaken under a contract, or is imposed by law, or arises byreason of any act, whether lawful or unlawful, of the person
who has such charge, to provide for that other person thenecessaries of life; and the person is held to have caused any
consequences which result to the life or health of the otherperson by reason of any omission to perform that duty.
286

Duty of person who has care of child(1) It is the duty of every person who has care of a child under 16
years to—Page 198(a)

provide the necessaries of life for the child; and(b)take the precautions that are reasonable in all thecircumstances to avoid danger to the child’s life, healthor safety; and(c)take the action that is reasonable in all the circumstances
to remove the child from any such danger;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 27 Duties relating to the preservation of human life[s 288]and he or she is held to have caused any consequences that
result to the life and health of the child because of any
omission to perform that duty, whether the child is helpless ornot.
(2) In this section—
person who has care of a child includes a parent, foster
parent, step parent, guardian or other adult in charge of thechild, whether or not the person has lawful custody of thechild.
288

Duty of persons doing dangerous acts

It is the duty of every person who, except in a case ofnecessity, undertakes to administer surgical or medical
treatment to any other person, or to do any other lawful act
which is or may be dangerous to human life or health, to havereasonable skill and to use reasonable care in doing such act,
and the person is held to have caused any consequences which
result to the life or health of any person by reason of any
omission to observe or perform that duty.
289

Duty of persons in charge of dangerous things

It is the duty of every person who has in the person’s charge orunder the person’s control anything, whether living or
inanimate, and whether moving or stationary, of such a nature
that, in the absence of care or precaution in its use or
management, the life, safety, or health, of any person may beendangered, to use reasonable care and take reasonableprecautions to avoid such danger, and the person is held tohave caused any consequences which result to the life or
health of any person by reason of any omission to performthat duty.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 199

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 290]290

Duty to do certain acts

When a person undertakes to do any act the omission to dowhich is or may be dangerous to human life or health, it is the
person’s duty to do that act: and the person is held to havecaused any consequences which result to the life or health ofany person by reason of any omission to perform that duty.

Chapter 28291

Homicide—suicide—concealment of birth

Killing of a human being unlawful

It is unlawful to kill any person unless such killing isauthorised or justified or excused by law.
292

When a child becomes a human being

A child becomes a person capable of being killed when it hascompletely proceeded in a living state from the body of its
mother, whether it has breathed or not, and whether it has anindependent circulation or not, and whether the navel-string issevered or not.
293

Definition of killing

Except as hereinafter set forth, any person who causes thedeath of another, directly or indirectly, by any means
whatever, is deemed to have killed that other person.
294

Death by acts done at childbirth

When a child dies in consequence of an act done or omitted to
be done by any person before or during its birth, the person

Page 200

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 295]

who did or omitted to do such act is deemed to have killed thechild.
295

Causing death by threats

A person who, by threats or intimidation of any kind, or bydeceit, causes another person to do an act or make anomission which results in the death of that other person, isdeemed to have killed the other person.
296

Acceleration of death

A person who does any act or makes any omission whichhastens the death of another person who, when the act is doneor the omission is made, is labouring under some disorder or
disease arising from another cause, is deemed to have killedthat other person.
297

When injury or death might be prevented by proper
precaution

When a person causes a bodily injury to another from which
death results, it is immaterial that the injury might have been
avoided by proper precaution on the part of the person injured,or that the injured person’s death from that injury might havebeen prevented by proper care or treatment.
298

Injuries causing death in consequence of subsequent
treatment

When a person does grievous bodily harm to another, andsuch other person has recourse to surgical or medical
treatment, and death results either from the injury or thetreatment, the person is deemed to have killed that otherperson, although the immediate cause of death was thesurgical or medical treatment, provided that the treatment was
reasonably proper under the circumstances, and was appliedin good faith.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 201

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 300]300

Unlawful homicide

Any person who unlawfully kills another is guilty of a crime,
which is called murder or manslaughter, according to thecircumstances of the case.
302

Definition of murder(1) Except as hereinafter set forth, a person who unlawfully kills
another under any of the following circumstances, that is to
say—
(a)

if the offender intends to cause the death of the person
killed or that of some other person or if the offenderintends to do to the person killed or to some otherperson some grievous bodily harm;(aa) if death is caused by an act done, or omission made,with reckless indifference to human life;(b)

if death is caused by means of an act done in theprosecution of an unlawful purpose, which act is of sucha nature as to be likely to endanger human life;(c)

if the offender intends to do grievous bodily harm tosome person for the purpose of facilitating thecommission of a crime which is such that the offender
may be arrested without warrant, or for the purpose of
facilitating the flight of an offender who has committed
or attempted to commit any such crime;(d)

if death is caused by administering any stupefying or
overpowering thing for either of the purposes mentioned
in paragraph (c);(e)

if death is caused by wilfully stopping the breath of any
person for either of such purposes;

is guilty of murder.
(2) Under subsection (1)(a) it is immaterial that the offender did
not intend to hurt the particular person who is killed.

Page 202

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 303](3) Under subsection (1)(b) it is immaterial that the offender did
not intend to hurt any person.
(4) Under subsection (1)(c) to (e) it is immaterial that the offender
did not intend to cause death or did not know that death was
likely to result.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
303

Definition of manslaughter(1) A person who unlawfully kills another under suchcircumstances as not to constitute murder is guilty ofmanslaughter.
(2) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
304

Killing on provocation(1) When a person who unlawfully kills another undercircumstances which, but for the provisions of this section,
would constitute murder, does the act which causes death in
the heat of passion caused by sudden provocation, and before
there is time for the person’s passion to cool, the person is
guilty of manslaughter only.
(2) Subsection (1) does not apply if the sudden provocation isbased on words alone, other than in circumstances of an
exceptional character.
(3) Also, subsection (1) does not apply, other than incircumstances of an exceptional character, if—(a)a domestic relationship exists between 2 persons; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 203

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 304](b)

one person unlawfully kills the other person (thedeceased); and(c)the sudden provocation is based on anything done by thedeceased or anything the person believes the deceased
has done—(i)to end the relationship; or(ii) to change the nature of the relationship; or(iii) to indicate in any way that the relationship may,should or will end, or that there may, should or will
be a change to the nature of the relationship.
(4) Further, subsection (1) does not apply, other than incircumstances of an exceptional character, if the sudden
provocation is based on an unwanted sexual advance to theperson.
(5) For subsection (3)(a), despite the Domestic and Family
Violence Protection Act 2012, section 18(6), a domestic
relationship includes a relationship in which 2 persons date or
dated each other on a number of occasions.
(6) Subsection (3)(c)(i) applies even if the relationship has ended
before the sudden provocation and killing happens.
(7) For proof of circumstances of an exceptional character
mentioned in subsection (2) or (3) regard may be had to any
history of violence that is relevant in all the circumstances.
(8) For proof of circumstances of an exceptional character
mentioned in subsection (4), regard may be had to any historyof violence, or of sexual conduct, between the person and theperson who is unlawfully killed that is relevant in all thecircumstances.
(9) On a charge of murder, it is for the defence to prove that theperson charged is, under this section, liable to be convicted ofmanslaughter only.
(10) When 2 or more persons unlawfully kill another, the fact that
1 of the persons is, under this section, guilty of manslaughter
Page 204

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 304A]

only does not affect the question whether the unlawful killing
amounted to murder in the case of the other person or persons.
(11) In this section—
unwanted sexual advance, to a person, means a sexual
advance that—(a)is unwanted by the person; and(b)

if the sexual advance involves touching
person—involves only minor touching.

the

Examples of what may be minor touching depending on all the
relevant circumstances—
patting, pinching, grabbing or brushing against the person, even
if the touching is an offence against section 352(1)(a) or anotherprovision of this Code or another Act

304A Diminished responsibility(1) When a person who unlawfully kills another undercircumstances which, but for the provisions of this section,
would constitute murder, is at the time of doing the act ormaking the omission which causes death in such a state ofabnormality of mind (whether arising from a condition ofarrested or retarded development of mind or inherent causes
or induced by disease or injury) as substantially to impair the
person’s capacity to understand what the person is doing, or
the person’s capacity to control the person’s actions, or the
person’s capacity to know that the person ought not to do theact or make the omission, the person is guilty of manslaughter
only.
(2) On a charge of murder, it shall be for the defence to prove thatthe person charged is by virtue of this section liable to beconvicted of manslaughter only.
(3) When 2 or more persons unlawfully kill another, the fact that
1 of such persons is by virtue of this section guilty ofmanslaughter only shall not affect the question whether the
unlawful killing amounted to murder in the case of any othersuch person or persons.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 205

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 304B]

304B Killing for preservation in an abusive domestic
relationship(1) A person who unlawfully kills another (the deceased) undercircumstances that, but for the provisions of this section,
would constitute murder, is guilty of manslaughter only, if—(a)the deceased has committed acts of serious domestic
violence against the person in the course of an abusive
domestic relationship; and(b)the person believes that it is necessary for the person’spreservation from death or grievous bodily harm to do
the act or make the omission that causes the death; and(c)the person has reasonable grounds for the belief having
regard to the abusive domestic relationship and all thecircumstances of the case.

(2) An abusive domestic relationship is a domestic relationshipexisting between 2 persons in which there is a history of actsof serious domestic violence committed by either person
against the other.
(3) A history of acts of serious domestic violence may include
acts that appear minor or trivial when considered in isolation.
(4) Subsection (1) may apply even if the act or omission causing
the death (the response) was done or made in response to aparticular act of domestic violence committed by the deceased
that would not, if the history of acts of serious domestic
violence were disregarded, warrant the response.
(5) Subsection (1)(a) may apply even if the person has sometimes
committed acts of domestic violence in the relationship.
(6) For subsection (1)(c), without limiting the circumstances towhich regard may be had for the purposes of the subsection,
those circumstances include acts of the deceased that were notacts of domestic violence.
(7) In this section—
domestic violence see the Domestic and Family Violence
Protection Act 2012, section 8.
Page 206

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 305]

305

Punishment of murder(1) Any person who commits the crime of murder is liable toimprisonment for life, which can not be mitigated or varied
under this Code or any other law or is liable to an indefinite
sentence under part 10 of the Penalties and Sentences Act
1992.
(2) If the person is being sentenced—(a)on more than 1 conviction of murder; or(b)

on 1 conviction of murder and another offence ofmurder is taken into account; or(c)on a conviction of murder and the person has on aprevious occasion been sentenced for another offence ofmurder;the court sentencing the person must make an order that theperson must not be released from imprisonment until the
person has served a minimum of 30 or more specified years of
imprisonment, unless released sooner under exceptional
circumstances parole under the Corrective Services Act 2006.
(3) Subsection (2)(c) applies whether the crime for which theperson is being sentenced was committed before or after theconviction for the other offence of murder mentioned in theparagraph.
(4) If—(a)the person killed was a police officer at the time the act
or omission that caused the person’s death was done or
made; and(b)the person being sentenced did the act or made theomission that caused the police officer’s death—
(i)

when—
(A)

the police officer was performing theofficer’s duty; and(B)

the person knew or ought reasonably to have
known that he or she was a police officer; orCurrent as at 19 September 2024

Page 207

Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 306](ii) because the police officer was a police officer; or(iii) because of, or in retaliation for, the actions of thepolice officer or another police officer in theperformance of the officer’s duty;
the court sentencing the person must make an order that theperson must not be released from imprisonment until the
person has served a minimum of 25 or more specified years of
imprisonment, unless released sooner under exceptional
circumstances parole under the Corrective Services Act 2006.
(5) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for the crime of murder.
306

Attempt to murder(1) Any person who—(a)attempts unlawfully to kill another; or(b)with intent unlawfully to kill another does any act, oromits to do any act which it is the person’s duty to do,such act or omission being of such a nature as to be
likely to endanger human life;

is guilty of a crime, and is liable to imprisonment for life.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
307

Accessory after the fact to murder(1) Any person who becomes an accessory after the fact tomurder is guilty of a crime, and is liable to imprisonment forlife.
Page 208

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 308](2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
308

Threats to murder in document(1) Any person who, knowing the contents thereof, directly or
indirectly causes any person to receive any document
threatening to kill any person, is guilty of a crime, and is liable
to imprisonment for 7 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
309

Conspiring to murder(1) Any person who conspires with any other person to kill any
person, whether such person is in Queensland or elsewhere, isguilty of a crime, and is liable to imprisonment for 14 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 209

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28 Homicide—suicide— concealment of birth[s 310]310

Punishment of manslaughter(1) Any person who commits the crime of manslaughter is liable
to imprisonment for life.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for the crime of manslaughter.
311

Aiding suicide

Any person who—(a)procures another to kill himself or herself; or(b)counsels another to kill himself or herself and thereby
induces the other person to do so; or(c)aids another in killing himself or herself;

is guilty of a crime, and is liable to imprisonment for life.
313

Killing unborn child(1) Any person who, when another person is about to be deliveredof a child, prevents the child from being born alive by any act
or omission of such a nature that, if the child had been born
alive and had then died, the person would be deemed to haveunlawfully killed the child, is guilty of a crime, and is liable toimprisonment for life.
(1A) A person does not commit an offence against subsection (1)by performing a termination, or assisting in the performanceof a termination, under the Termination of Pregnancy Act
2018.
Note—
See also the Termination of Pregnancy Act 2018, section 10 in relation
to a person’s criminal liability for a termination on themself.

(2) Any person who unlawfully assaults another person who ispregnant with a child and destroys the life of, or does grievous
bodily harm to, or transmits a serious disease to, the childbefore its birth, commits a crime.
Page 210

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28A Unlawful striking causing death[s 314]

Maximum penalty—imprisonment for life.
314

Concealing the birth of children

Any person who, when a woman is delivered of a child,endeavours, by any secret disposition of the dead body of thechild, to conceal the birth, whether the child died before, at, or
after, its birth, is guilty of a misdemeanour, and is liable toimprisonment for 2 years.

Chapter 28A

Unlawful striking causing death

314A Unlawful striking causing death(1) A person who unlawfully strikes another person to the head orneck and causes the death of the other person is guilty of acrime.
Maximum penalty—life imprisonment.
(1A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(1B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) Sections 23(1)(b) and 270 do not apply to an offence against
subsection (1).
(3) An assault is not an element of an offence against
subsection (1).
(3A) For subsection (1), the striking of another person is unlawful
unless it is authorised or justified or excused by law.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 211

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 28A Unlawful striking causing death[s 314A](4) A person is not criminally responsible for an offence against
subsection (1) if the act of striking the other person is—(a)done as part of a socially acceptable function or activity;
and

(b)

reasonable in the circumstances.

(5) If a court sentences a person to a term of imprisonment for an
offence mentioned in subsection (1), the court must make anorder that the person must not be released from imprisonment
until the person has served the lesser of—(a)

80% of the person’s term of imprisonment for theoffence; or(b)

15 years.

(6) Subsection (5) does not apply if the court sentences the personto—(a)a term of imprisonment for life; orNote—
See the Corrective Services Act 2006, section 181 for the parole
eligibility date for a prisoner serving a term of imprisonment forlife for an offence mentioned in subsection (1).

(b)

an indefinite sentence under the Penalties and Sentences
Act 1992; orNote—
See the Penalties and Sentences Act 1992, section 171 for thetime of the earliest review of an indefinite sentence being served
by a prisoner serving an indefinite sentence for an offence
mentioned in subsection (1).

(c)

a term of imprisonment and makes either of thefollowing orders under the Penalties and Sentences Act
1992 for the person—(i)an intensive correction order;(ii) an order that the whole or a part of the term of
imprisonment be suspended.
(7) In this section—
Page 212

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 315]

causing means causing directly or indirectly.
function or activity includes a sporting event.
strike, a person, means directly apply force to the person bypunching or kicking, or by otherwise hitting using any part ofthe body, with or without the use of a dangerous or offensive
weapon or instrument.

Chapter 29

315

Offences endangering life or
healthDisabling in order to commit indictable offence

Any person who, by any means calculated to choke, suffocate,or strangle, and with intent to commit or to facilitate thecommission of an indictable offence, or to facilitate the flightof an offender after the commission or attempted commissionof an indictable offence, renders or attempts to render any
person incapable of resistance, is guilty of a crime, and isliable to imprisonment for life.
315A Choking, suffocation or strangulation in a domestic
setting(1) A person commits a crime if—(a)the person unlawfully chokes, suffocates or strangles
another person, without the other person’s consent; and(b)either—(i)

the person is in a domestic relationship with theother person; or(ii) the choking, suffocation or strangulation isassociated domestic violence under the Domestic
and Family Violence Protection Act 2012.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 213

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 316]

Maximum penalty—7 years imprisonment.
(1A) For subsection (1) and without limiting the subsection, aperson is taken to choke, suffocate or strangle another person
if the person applies pressure to the other person’s neck thatcompletely or partially restricts the other person’s respirationor blood circulation, or both.
(2) An assault is not an element of an offence against
subsection (1).
316

Stupefying in order to commit indictable offence

Any person who, with intent to commit or to facilitate thecommission of an indictable offence, or to facilitate the flightof an offender after the commission or attempted commissionof an indictable offence, administers, or attempts toadminister, any stupefying or overpowering drug or thing toany person, is guilty of a crime, and is liable to imprisonment
for life.
316A Unlawful drink spiking(1) A person who administers, or attempts to administer, in drink
a substance to another person (the other person) without theother person having knowledge of the substance with intent tocause the other person to be stupefied or overpowered is guilty
of a crime and is liable to imprisonment for 5 years.
(2) If the substance is alcohol, for section 24 only, thecircumstances in which the other person is taken to haveknowledge of the alcohol include where the other person
would not object to the administration of the alcohol if theother person had actual knowledge of it.
(3) The following matters are immaterial—(a)Page 214

whether the lack of knowledge of the substance is lackof knowledge of the presence at all of the substance orof the particular quantity of the substance;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 316A](b)whether the substance is capable of having the effectintended;(c)whether a particular person is intended to be the person
to whom the substance is administered or attempted tobe administered.

(4) A reference to causing the other person to be stupefied or
overpowered is—(a)a reference to causing the other person to be stupefied or
overpowered in circumstances where the other person is
not intending to be stupefied or overpowered at all; or(b)a reference to causing the other person to be further
stupefied or overpowered in circumstances where theother person is not intending to be further stupefied or
overpowered at all or to the extent intended by the
person who administers, or attempts to administer, thesubstance.

(5) This section does not apply to an act lawfully done in thecourse of the practice of a health professional, the carrying out
of a function under an Act or the performance of the
responsibilities of a parent or carer.
(6) In relation to an attempt to administer a substance, for thissection and section 4, attempt includes adding a substance todrink in preparation for the administration of the substance.
(7) In this section—
adding a substance, to drink, includes, without limiting
section 7, the following—(a)cause to be added to drink;(b)

substitute drink with other drink containing thesubstance;(c)take any step to provide drink containing the substanceinstead of other drink.

circumstances, where the other person is not intending to bestupefied or overpowered, includes any circumstance ofCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 215

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 317]timing, place, condition, or way of stupefaction or
overpowering.
dangerous drug see the Drugs Misuse Act 1986, section 4.
drink includes water, beverage, or other liquid, intended or
prepared for human consumption.
health professional see the Hospital and Health Boards Act
2011, schedule 2.
stupefied or overpowered includes—

317

(a)

a state of intoxication caused by alcohol, a drug or
another substance; and(b)behavioural change caused by a dangerous drug,
whether or not the mind is otherwise affected.

Acts intended to cause grievous bodily harm and othermalicious acts

(1) Any person who, with intent—(a)to maim, disfigure or disable, any person; or(b)

to do some grievous bodily harm or transmit a serious
disease to any person; or(c)to resist or prevent the lawful arrest or detention of any
person; or(d)to resist or prevent a public officer from acting inaccordance with lawful authority—either—Page 216(e)

in any way unlawfully wounds, does grievous bodily
harm, or transmits a serious disease to, any person; or(f)unlawfully strikes, or attempts in any way to strike, any
person with any kind of projectile or anything else
capable of achieving the intention; or(g)unlawfully causes any explosive substance to explode;orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 317A](h)sends or delivers any explosive substance or otherdangerous or noxious thing to any person; or(i)causes any such substance or thing to be taken or
received by any person; or(j)puts any corrosive fluid or any destructive or explosive
substance in any place; or(k)unlawfully casts or throws any such fluid or substance ator upon any person, or otherwise applies any such fluidor substance to the person of any person;

is guilty of a crime, and is liable to imprisonment for life.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
317A Carrying or sending dangerous goods in a vehicle(1) Any person who—(a)carries or places dangerous goods in or on a vehicle; or(b)delivers dangerous goods to another person for the
purpose of such goods being placed in or on a vehicle;or(c)has dangerous goods in his or her possession in or on avehicle;is guilty of a crime and is liable to imprisonment for 14 years.
(2) A person who knowingly sends by a vehicle any dangerous
goods under a false description of the goods or with a false
description of the sender of the goods commits a
misdemeanour.
Maximum penalty—3 years imprisonment.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 217

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 318](2A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(2B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(3) It is a defence to a charge of any offence defined insubsection (1) to prove that the act was done by authority or
permission of or under a law of the Commonwealth or of theState.
(4) For the purposes of this section—
dangerous goods means—

318

(a)

firearms, ammunition,
substances; andweapons

andexplosive(b)

an explosive or noxious substance, acid or other thing ofa dangerous or destructive nature that because of its
nature or condition may endanger the safety of avehicle, a person in, on or in the vicinity of the vehicle.

Obstructing rescue or escape from unsafe premises(1) Any person who unlawfully obstructs anyone in the otherperson’s efforts to save the life of someone who is in, or
escaping from, dangerous, destroyed or other unsafe premisescommits a crime.
Maximum penalty—imprisonment for life.
(2) In this section—
obstruct includes hinder and attempt to obstruct.

Page 218

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 319]319

Endangering the safety of a person in a vehicle withintent(1) A person who does anything that endangers, or is likely toendanger, the safe use of a vehicle, with intent to injure or
endanger the safety of any person in the vehicle, whether aparticular person or not, commits a crime.
Maximum penalty—life imprisonment.
(2) In this section—
do anything, for a person who has a duty to do the thing,includes omit to do the thing.
in includes on.
319A Termination of pregnancy performed by unqualified
person(1) An unqualified person who performs a termination on anotherperson commits a crime.
Maximum penalty—7 years imprisonment.
(2) An unqualified person who assists in the performance of atermination on another person commits a crime.
Maximum penalty—7 years imprisonment.
Note—
The Termination of Pregnancy Act 2018, section 10 provides that aperson who consents to, assists in, or performs a termination onthemself does not commit an offence.

(3) In this section—
assisting, in the performance of a termination on a person—(a)includes—(i)

dispensing a termination drug for use in thetermination; and(ii) supplying a termination drug for use in thetermination; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 219

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 319A](iii) procuring the supply of a termination drug from an
unqualified person for use in the termination; and(iv) administering a termination drug; but(b)does not include providing care to the person before orafter the termination is performed.

medical termination means a termination caused by use of atermination drug.
perform includes attempt to perform.
prescribed health profession means any of the following
health professions under the Health Practitioner Regulation
National Law—(a)

Aboriginal and Torres Strait Islander health practice;(b)

medical;(c)

midwifery;(d)nursing;(e)

pharmacy;(f)another health profession prescribed under theTermination of Pregnancy Act 2018, schedule 1,
definition prescribed health profession, paragraph (f).

prescribed practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in aprescribed health profession, other than as a student.
prescribed student means a person—(a)whose name is entered in a student register, for aprescribed health profession, as being currently
registered under the Health Practitioner Regulation
National Law; and(b)

who assists in the performance of a termination on a
person only—(i)Page 220

under the supervision of—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 319A](A)

a medical practitioner
termination; or

performing

the

(B)

for a medical termination—a registeredhealth practitioner, to whom the Terminationof Pregnancy Act 2018, section 6A applies,
performing the termination; or(C)a prescribed practitioner lawfully assisting in
the performance of the termination; or(D)

the student’s primary clinical supervisor; and(ii) to the extent necessary to complete the student’s
program of study for, or clinical training in, thestudent’s health profession.
primary clinical supervisor, of a prescribed student, means aprescribed practitioner who has primary responsibility forsupervising the clinical work performed by the student for the
student’s program of study for, or clinical training in, thestudent’s health profession.
student register, for a health profession, see the Health
Practitioner Regulation National Law.
termination means an intentional termination of a pregnancy
in any way, including, for example, by—(a)administering a drug; or(b)using an instrument or other thing.

termination drug means a drug of a kind used to cause atermination.
unqualified person means—(a)in relation to the performance of a termination—aperson who is not—(i)a medical practitioner; or(ii) for a medical termination—a registered healthpractitioner to whom the Termination of Pregnancy
Act 2018, section 6A applies; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 221

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 320](b)

in relation to assisting in the performance of atermination on another person—a person who is not—(i)a medical practitioner; or(ii) for a medical termination—a registered healthpractitioner to whom the Termination of Pregnancy
Act 2018, section 6A applies; or(iii) a prescribed practitioner providing the assistancein the practice of the practitioner’s prescribed
health profession; or(iv) a prescribed student.
320

Grievous bodily harm

(1) Any person who unlawfully does grievous bodily harm toanother is guilty of a crime, and is liable to imprisonment for
14 years.
(3A) The Penalties and Sentences Act 1992, sections 108B and
161Q state a circumstance of aggravation for an offence
against this section.
(4) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
320A Torture(1) A person who tortures another person commits a crime.
Maximum penalty—14 years imprisonment.
(1A) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(1B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andPage 222

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 321]

Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) In this section—
pain or suffering includes physical, mental, psychological oremotional pain or suffering, whether temporary or permanent.
torture means the intentional infliction of severe pain or
suffering on a person by an act or series of acts done on 1 ormore than 1 occasion.
321

Attempting to injure by explosive or noxious substances(1) Any person who unlawfully, and with intent to do any bodily
harm to another, puts any explosive or noxious substance inany place whatever, is guilty of a crime, and is liable toimprisonment for 14 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
321A Bomb hoaxes(1) Any person who—(a)places an article or substance in any place; or(b)sends an article or substance in any way;with the intention of inducing in another person a belief thatthe article or substance is likely to explode, ignite, ordischarge a dangerous or noxious substance, commits a crime.
Maximum penalty—7 years imprisonment.
(2) Any person who, in Queensland or elsewhere, makes astatement or conveys information to another person that he or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 223

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 322]

she knows or believes to be false, with the intention of
inducing in that person or another person a belief that an
explosive or noxious substance, acid or other thing of adangerous or destructive nature is present in a place inQueensland, commits a crime.
Maximum penalty—5 years imprisonment.
(3) Subsections (1) and (2) apply whether or not the accused had
any particular person in mind as the person in whom he or she
intended to induce the belief mentioned in the subsections.
322

Administering poison with intent to harm

A person who unlawfully, and with intent to injure or annoy
another person, causes a poison or another noxious thing to beadministered to, or taken by, any person commits a crime.
Maximum penalty—

323

(a)

if the poison or other noxious thing endangers the lifeof, or does grievous bodily harm to, the person to whom
it is administered or by whom it is taken—14 years
imprisonment; or(b)otherwise—7 years imprisonment.

Wounding(1) A person who unlawfully wounds anyone else commits a
misdemeanour.
Maximum penalty—7 years imprisonment.
(2) The offender may be arrested without warrant.
(3) The Penalties and Sentences Act 1992, section 108B states acircumstance of aggravation for an offence against thissection.

Page 224

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 323A]

323A Female genital mutilation(1) Any person who performs female genital mutilation on
another person is guilty of a crime.
Maximum penalty—14 years imprisonment.
(2) It is not a defence that the other person, or, if the other person
is a child, a parent or guardian of the other person, consented
to the mutilation.
(3) In this section—
female genital mutilation means—(a)clitoridectomy; or(b)excision of any other part of the female genitalia; or(c)a procedure to narrow or close the vaginal opening; or(d)any other mutilation of the female genitalia;

but does not include—(e)a sexual reassignment procedure; or(f)a medical procedure for a genuine therapeutic purpose.

medical procedure for a genuine therapeutic purpose meansa medical procedure that is—(a)directed only at curing or alleviating a physiologicaldisability, physical abnormality, psychological disorderor pathological condition; or(b)performed on a person in labour or who has just given
birth and directed only at alleviating physical symptoms
in relation to the labour or birth or for other medical
purposes; or(c)performed on a person who has been subjected tofemale genital mutilation and directed only at treating
the effects, or to reversing the effects, of the previous
mutilation.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 225

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 323B]

sexual reassignment procedure means a surgical procedure
to give a person the genital appearance of a particular sex,
whether male or female.
323B Removal of child from State for female genital mutilation(1) Any person who takes a child from the State, or arranges for achild to be taken from the State, with the intention of having
female genital mutilation performed on the child is guilty of acrime.
Maximum penalty—14 years imprisonment.
(2) In the absence of proof to the contrary, it is to be presumed
that a person took a child, or arranged for a child to be taken,
from the State with the intention of having female genital
mutilation performed on the child if it is proved—(a)the person took the child, or arranged for the child to betaken, from the State; and(b)female genital mutilation was performed on the childwhile outside the State.

(3) In this section—
child means a person under 18 years.
female genital mutilation see section 323A.
324

Failure to supply necessaries

Any person who, being charged with the duty of providing foranother the necessaries of life, without lawful excuse fails to
do so, whereby the life of that other person is or is likely to beendangered or the other person’s health is or is likely to bepermanently injured, is guilty of a crime.
Maximum penalty—7 years imprisonment.

Page 226

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 326]326

Endangering life of children by exposure

Any person who unlawfully abandons or exposes a childunder the age of 7 years, whereby the life of such child is or is
likely to be endangered, or the child’s health is or is likely tobe permanently injured, commits a crime.
Maximum penalty—7 years imprisonment.
327

Setting mantraps(1) Any person who sets or places any spring gun, mantrap, orother engine calculated to destroy human life or to inflictgrievous bodily harm, or causes any such thing to be set orplaced, in any place with the intent that it may kill or inflictgrievous bodily harm upon a trespasser or other person
coming in contact with it, or sets or places any such thing inany such place and in any such manner that it is likely to cause
any such result, is guilty of a misdemeanour, and is liable toimprisonment for 3 years.
(2) Any person who knowingly permits any such spring gun,mantrap, or other engine, which has been set or placed byanother person in any such place and in any such manner that
it is likely to cause any such result, to continue so set orplaced in any place which is then in, or afterwards comes into,
the person’s possession or occupation, is deemed to have set
and placed the gun, trap, or engine, with the intent aforesaid.
(3) This section does not make it unlawful to set any gin or trap
such as is usually set for the purpose of destroying vermin; orto set any spring gun, mantrap, or engine, at night in adwelling house for the protection of the dwelling house.
328

Negligent acts causing harm

(1) Any person who unlawfully does any act, or omits to do any
act which it is the person’s duty to do, by which act oromission bodily harm is actually caused to any person, is
guilty of a misdemeanour, and is liable to imprisonment for 2
years.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 227

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 328A](2) The offender may be arrested without warrant.
328A Dangerous operation of a vehicle(1) A person who operates, or in any way interferes with theoperation of, a vehicle dangerously in any place commits a
misdemeanour.
Maximum penalty—200
imprisonment.

penalty

units

or

3

years

(1A) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender commits a crime.
Maximum penalty—400
imprisonment.

penalty

units

or

5

years

(2) If the offender—(a)at the time of committing the offence is adversely
affected by an intoxicating substance; or(b)at the time of committing the offence is excessively
speeding or taking part in an unlawful race or unlawful
speed trial; or(c)

has been previously convicted either upon indictment orsummarily of an offence against this section;

the person commits a crime.
Maximum penalty—400
imprisonment.

penalty

units

or

5

years

(3) If the offender has been—(a)Page 228

previously convicted either upon indictment orsummarily of an offence against this section committed
while the offender was adversely affected by anintoxicating substance; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 328A](b)

twice previously convicted either upon indictment orsummarily (or once upon indictment and oncesummarily) of the same prescribed offence or different
prescribed offences;the court or justices shall, upon conviction, impose as thewhole or part of the punishment, imprisonment.
(4) A person who operates, or in any way interferes with theoperation of, a vehicle dangerously in any place and causes
the death of or grievous bodily harm to another person
commits a crime and is liable on conviction on indictment—(a)to imprisonment for 14 years, if none of paragraphs (b)to (d) applies; or(b)

to imprisonment for 20 years if, at the time ofcommitting the offence, the offender is—(i)adversely affected by an intoxicating substance; or(ii) excessively speeding; or(iii) taking part in an unlawful race or unlawful speed
trial; or(c)to imprisonment for 20 years, if the offender knows, orought reasonably know, the other person has been killed
or injured, and the offender leaves the scene of theincident, other than to obtain medical or other help forthe other person, before a police officer arrives; or(d)to imprisonment for 20 years if, before or whilecommitting the offence, the offender commits anoffence against the Police Powers and Responsibilities
Act 2000, section 754(2).

(5) The offender may be arrested without warrant.
(6) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
excessively speeding means driving or operating a vehicle at a
speed more than 40km/h over the speed limit applying to theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 229

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 328A]

driver under the Transport
Management) Act 1995.

Operations

(Road

Use

material includes an electronic document.
operates, or in any way interferes with the operation of, avehicle dangerously means operate, or in any way interferewith the operation of, a vehicle at a speed or in a way that isdangerous to the public, having regard to all thecircumstances, including—(a)the nature, condition and use of the place; and(b)the nature and condition of the vehicle; and(c)the number of persons, vehicles or other objects that are,or might reasonably be expected to be, in the place; and(d)the concentration of alcohol in the operator’s blood orbreath; and(e)the presence of any other substance in the operator’s
body.

place does not include a place being lawfully used to race ortest vehicles under a licence or another authority under an Act
and from which other traffic is excluded at the time.
prescribed offence means—(a)an offence against this section; or(b)

an offence charged on indictment involving the driving
or operation of a vehicle at a speed causing or likely tocause injury to anyone; or(c)an offence against the Transport Operations (Road Use
Management) Act 1995, section 79(1), (1F), (2), (2AA),(2A), (2B), (2D) or (2J).

the public includes passengers in a vehicle whether in a public
or private place.
unlawful race means a race involving a vehicle incontravention of the Transport Operations (Road Use
Management) Act 1995, section 85.
Page 230

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 328B]

unlawful speed trial mean a trial of the speed of a vehicle incontravention of the Transport Operations (Road Use
Management) Act 1995, section 85.
328B Additional power to convict for dangerous operation of avehicle(1) Upon an indictment charging a person with any offence inconnection with or arising out of the operation, or interferencein any way with the operation, of a vehicle by the person (notbeing the offence defined in section 328A), the person may beconvicted of the offence defined in section 328A with orwithout a circumstance of aggravation specified in
section 328A(4), if such offence is established by theevidence.
(2) The provisions of this section shall apply notwithstanding theprovisions of section 576.
328C Damaging emergency vehicle when operating motor
vehicleA person commits a crime if—(a)the person operates a motor vehicle in a way thatdamages an emergency vehicle; and(b)the person knows, or ought reasonably to know, thedamaged vehicle is an emergency vehicle; and(c)the person—(i)intends to damage the emergency vehicle or to
injure or endanger the safety of an emergency
worker; or(ii) knows, or ought reasonably to know, the person is
operating a motor vehicle in a way that will
damage an emergency vehicle.
Maximum penalty—14 years imprisonment.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 231

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 328D]

328D Endangering police officer when driving motor vehicle(1) A person commits a crime if—(a)the person drives a motor vehicle towards or near apolice officer; and(b)the person knows, or ought reasonably to know, theofficer is a police officer; and(c)the officer is acting in the performance of their duties asa police officer; and(d)the person—(i)intends to injure or endanger the safety of thepolice officer; or(ii) endangers the safety of the police officer andknows, or ought reasonably to know, the person isendangering the safety of the police officer.
Maximum penalty—14 years imprisonment.
(2) In this section—
police officer includes a police officer of the Commonwealthor another State.
329

Endangering safety of persons travelling by railway

Any person who by any unlawful act, or by any omission to
do any act which it is the person’s duty to do, causes the safetyof any person travelling by any railway to be endangered, isguilty of a misdemeanour, and is liable to imprisonment for 2
years.
330

Sending or taking unseaworthy ships to sea(1) Any person who—(a)Page 232

sends or attempts to send a ship to sea in such an
unseaworthy state that the life of any person is likely tobe thereby endangered; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 29 Offences endangering life or health[s 333]

Editor’s note—
Subsection (1)(a) as originally enacted was numbered as (1) andsubsection (1)(b) was numbered as (2).

(b)

being a master of a British ship, knowingly takes or
attempts to take the ship to sea in such an unseaworthy
state that the life of any person is likely to be thereby
endangered;is guilty of a crime, and is liable to imprisonment for 14 years.
(2) It is a defence to a charge of any of the offences defined in thissection to prove that the going of the ship to sea in such
unseaworthy state was, under the circumstances, reasonable
and justifiable.
(3) It is a defence to a charge of either of the offences firstly
defined in this section to show that the accused person used all
reasonable means to ensure the ship being sent to sea in aseaworthy state.
333

Evading laws as to equipment of ships

Any person who, being a person having actual control over a
vessel on board of which any article has been placed with theperson’s knowledge or consent in order to the obtaining of
permission or authority to leave a port, removes or allows theremoval of such article from the vessel after such permission
or authority has been obtained is guilty of a misdemeanour,and is liable to imprisonment for 3 years.
334

Landing explosives

Any person who—(a)being charged by law with any duty respecting thelanding or delivery of any explosive substance or of anyacid or other thing of a dangerous or destructive nature,from any vessel, fails to perform that duty; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 233

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 335](b)being concerned in the landing of any such substance orthing from any vessel, violates the provisions of the laws
relating to such landing;is guilty of a misdemeanour, and is liable to imprisonment for
3 years.

Chapter 30
335

Assaults

Common assault(1) Any person who unlawfully assaults another is guilty of amisdemeanour, and is liable, if no greater punishment isprovided, to imprisonment for 3 years.
(2) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 4 years.
(3) The following provisions also state a circumstance ofaggravation for an offence against this section—(a)section 52B;(b)

the Penalties and Sentences Act 1992, section 108B.

(4) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 4 years.
(5) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
material includes an electronic document.

Page 234

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 338A]

338A Assaults of member of crew on aircraft

Any person who while on board an aircraft unlawfully
assaults a member of the crew of the aircraft or threatens sucha member with any violence or detriment of any kind to becaused to the member or any other person on the aircraft by
the offender or by any other person with the intention ofaffecting the performance by the member of the member’sfunctions or duties in connection with the operation of theaircraft or with the intention of lessening the member’s ability
to perform those functions or duties is guilty of a crime and isliable to imprisonment for 14 years.
339

Assaults occasioning bodily harm

(1) Any person who unlawfully assaults another and thereby does
the other person bodily harm is guilty of a crime, and is liable
to imprisonment for 7 years.
(2) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 9 years.
(3) If the offender does bodily harm, and is or pretends to bearmed with any dangerous or offensive weapon or instrument
or is in company with 1 or more other person or persons, theoffender is liable to imprisonment for 10 years.
(4) The following provisions also state a circumstance ofaggravation for an offence against this section—(a)section 52B;(b)

the Penalties and Sentences Act 1992, sections 108B
and 161Q.

(5) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 10 years.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 235

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 340](6) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(7) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
material includes an electronic document.
340

Serious assaults(1) Any person who—

Page 236(a)assaults another with intent to commit a crime, or withintent to resist or prevent the lawful arrest or detentionof himself or herself or of any other person; or(b)assaults, resists, or wilfully obstructs, a police officer
while acting in the execution of the officer’s duty, or any
person acting in aid of a police officer while so acting;or(c)unlawfully assaults any person while the person is
performing a duty imposed on the person by law; or(d)assaults any person because the person has performed aduty imposed on the person by law; or(f)assaults any person in pursuance of any unlawfulconspiracy respecting any manufacture, trade, business,or occupation, or respecting any person or persons
concerned or employed in any manufacture, trade,business, or occupation, or the wages of any such person
or persons; or(g)unlawfully assaults any person who is 60 years or more;or(h)unlawfully assaults any person who relies on a guide,
hearing or assistance dog, wheelchair or other remedial
device;Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 340]is guilty of a crime.
Maximum penalty—(a)for subsection (1)(b), if the offender assaults a police
officer in any of the following circumstances—(i)the offender bites or spits on the police officer orthrows at, or in any way applies to, the police
officer a bodily fluid or faeces;(ii) the offender causes bodily harm to the police
officer;(iii) the offender is, or pretends to be, armed with adangerous or offensive weapon or instrument—14
years imprisonment; or(b)otherwise—7 years imprisonment.
Examples of remedial device for paragraph (h)—walking frame, caliper, walking stick and artificial limb

(1C) The Penalties and Sentences Act 1992, sections 108B and
161Q also state a circumstance of aggravation for an offence
against subsection (1)(b).
(1D) An indictment charging an offence against subsection (1)(b)with the circumstance of aggravation stated in the Penalties
and Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) A prisoner who unlawfully assaults a working corrective
services officer commits a crime.
Maximum penalty—(a)if the prisoner assaults a working corrective services
officer in any of the following circumstances—(i)the prisoner bites or spits on the corrective services
officer or throws at, or in any way applies to, thecorrective services officer a bodily fluid or faeces;(ii) the prisoner causes bodily harm to the corrective
services officer;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 237

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 340](iii) the prisoner is, or pretends to be, armed with adangerous or offensive weapon or instrument—14
years imprisonment; or(b)otherwise—7 years imprisonment.

(2AA) A person who—(a)unlawfully assaults, or resists or wilfully obstructs, apublic officer while the officer is performing a functionof the officer’s office; orExample—A person unlawfully assaults an authorised officer under theChild Protection Act 1999 while the officer is investigating an
allegation of harm to a child under that Act.

(b)

assaults a public officer because the officer has
performed a function of the officer’s office;commits a crime.
Maximum penalty—(a)if the offender assaults a public officer in any of thefollowing circumstances—(i)the offender bites or spits on the public officer orthrows at, or in any way applies to, the public
officer a bodily fluid or faeces;(ii) the offender causes bodily harm to the public
officer;(iii) the offender is, or pretends to be, armed with adangerous or offensive weapon or instrument—14
years imprisonment; or(b)otherwise—7 years imprisonment.

(2B) The Penalties and Sentences Act 1992, section 108B also
states a circumstance of aggravation for an offence against
subsection (2AA).
(3) In this section—

Page 238

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 30 Assaults[s 346]

corrective services facility see the Corrective Services Act
2006, schedule 4.
corrective services officer see the Corrective Services Act
2006, schedule 4.
office includes appointment and employment.
prisoner see the Corrective Services Act 2006, schedule 4.
public officer includes—(a)a member, officer or employee of a service established
for a public purpose under an Act; andExample of a service—
Queensland Ambulance Service
Ambulance Service Act 1991(b)established

under

the

a health service employee under the Hospital and
Health Boards Act 2011; andExample—a person appointed as a health service employee to performfunctions as a security officer, wardsperson, cleaner or foodservice worker(c)an authorised officer under the Child Protection Act
1999; and(d)a transit officer under the Transport Operations(Passenger Transport) Act 1994.

working corrective services officer means a corrective
services officer present at a corrective services facility in his
or her capacity as a corrective services officer.
346

Assaults in interference with freedom of trade or work

Any person who assaults another with intent to hinder or
prevent the other person from working at or exercising theother person’s lawful trade, business, or occupation, or frombuying, selling, or otherwise dealing, with any property
intended for sale, commits a crime.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 239

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 32 Rape and sexual assaults[s 347]

Maximum penalty—5 years imprisonment.

Chapter 32
347

Rape and sexual assaults

Definitions for ch 32

In this chapter—
assault has the meaning given by section 245 as if a reference
in section 245 to consent were a reference to consent within
the meaning given by section 348.
consent see section 348.
penetrate does not include penetrate for a proper medical,
hygienic or law enforcement purpose only.
348

Meaning of consent(1) In this chapter, consent means consent freely and voluntarily
given by a person with the cognitive capacity to give theconsent.
(2) Without limiting subsection (1), a person’s consent to an act is
not freely and voluntarily given if it is obtained—

Page 240(a)by force; or(b)by threat or intimidation; or(c)by fear of bodily harm; or(d)by exercise of authority; or(e)

by false and fraudulent representations about the natureor purpose of the act; or(f)by a mistaken belief induced by the accused person thatthe accused person was the person’s sexual partner.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 32 Rape and sexual assaults[s 348A](3) A person is not to be taken to give consent to an act only
because the person does not, before or at the time the act isdone, say or do anything to communicate that the person does
not consent to the act.
(4) If an act is done or continues after consent to the act iswithdrawn by words or conduct, then the act is done orcontinues without consent.
348A Mistake of fact in relation to consent(1) This section applies for deciding whether, for section 24, aperson charged with an offence under this chapter did an act
under an honest and reasonable, but mistaken, belief that
another person gave consent to the act.
(2) In deciding whether a belief of the person was honest andreasonable, regard may be had to anything the person said or
did to ascertain whether the other person was giving consent
to the act.
(3) In deciding whether a belief of the person was reasonable,
regard may not be had to the voluntary intoxication of theperson caused by alcohol, a drug or another substance.
349

Rape

(1) Any person who rapes another person is guilty of a crime.
Maximum penalty—life imprisonment.
(2) A person rapes another person if—(a)the person engages in penile intercourse with the otherperson without the other person’s consent; or(b)the person penetrates the vulva, vagina or anus of theother person to any extent with a thing or a part of theperson’s body that is not a penis without the otherperson’s consent; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 241

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 32 Rape and sexual assaults[s 350](c)

the person penetrates the mouth of the other person toany extent with the person’s penis without the otherperson’s consent.

(3) For this section, a child under the age of 12 years is incapableof giving consent.
(4) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
350

Attempt to commit rape(1) Any person who attempts to commit the crime of rape is
guilty of a crime, and is liable to imprisonment for 14 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
351

Assault with intent to commit rape(1) Any person who assaults another with intent to commit rape is
guilty of a crime, and is liable to imprisonment for 14 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andPage 242

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 32 Rape and sexual assaults[s 352]

Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
352

Sexual assaults(1) Any person who—(a)unlawfully and indecently assaults another person; or(b)procures another person, without the person’s consent—(i)to commit an act of gross indecency; or(ii) to witness an act of gross indecency by the person
or any other person;
is guilty of a crime.
Maximum penalty—10 years imprisonment.
(2) However, the offender is liable to a maximum penalty of 14
years imprisonment for an offence defined insubsection (1)(a) or (1)(b)(i) if the indecent assault or act ofgross indecency includes bringing into contact any part of thegenitalia or the anus of a person with any part of the mouth ofa person.
(3) Further, the offender is liable to a maximum penalty of life
imprisonment if—(a)immediately before, during, or immediately after, theoffence, the offender is, or pretends to be, armed with adangerous or offensive weapon, or is in company withany other person; or(b)for an offence defined in subsection (1)(a), the indecent
assault includes the person who is assaulted penetrating
the offender’s vagina, vulva or anus to any extent with athing or a part of the person’s body that is not a penis; or(c)for an offence defined in subsection (1)(b)(i), the act ofgross indecency includes the person who is procured by
the offender penetrating the vagina, vulva or anus of theperson who is procured or another person to any extent

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 243

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33 Offences against liberty[s 354]

with a thing or a part of the body of the person who is
procured that is not a penis.
(4) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Chapter 33
354

Offences against liberty

Kidnapping(1) Any person who kidnaps another person is guilty of a crime.
Maximum penalty—7 years imprisonment.
(2) A person kidnaps another person if the person unlawfully andforcibly takes or detains the other person with intent to gain
anything from any person or to procure anything to be done oromitted to be done by any person.
(3) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(4) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
354A Kidnapping for ransom(1) Any person who—

Page 244

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33 Offences against liberty[s 355](a)with intent to extort or gain anything from or procure
anything to be done or omitted to be done by any person
by a demand containing threats of detriment of any kind
to be caused to any person, either by the offender or any
other person, if the demand is not complied with, takes
or entices away, or detains, the person in respect ofwhom the threats are made; or(b)receives or harbours the said person in respect of whom
the threats are made, knowing such person to have been
so taken or enticed away, or detained;

is guilty of a crime which is called kidnapping for ransom.
(2) Any person who commits the crime of kidnapping for ransom
is liable to imprisonment for 14 years.
(3) If the person kidnapped has been unconditionally set at liberty
without such person having suffered any grievous bodily
harm, the offender is liable to imprisonment for 10 years.
(4) Any person who attempts to commit the crime of kidnapping
for ransom is guilty of a crime and is liable to imprisonment
for 7 years.
(5) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(6) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
355

Deprivation of liberty

Any person who unlawfully confines or detains another in any
place against the other person’s will, or otherwise unlawfully
deprives another of the other person’s personal liberty, isguilty of a misdemeanour, and is liable to imprisonment for 3
years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 245

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33 Offences against liberty[s 356]356

False certificates by officers charged with duties relating
to liberty

Any person who—(a)being required by law to give any certificate touching
any matter by virtue whereof the liberty of any person
may be affected, gives a certificate which, in any
material particular, is to the person’s knowledge false; or(b)

not being a person authorised by law to give such acertificate as aforesaid, gives such a certificate, andrepresents himself or herself to be a person authorised togive the same;is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
357

Concealment of matters affecting liberty

Any person who—(a)being required by law to keep any record touching any
matter relating to any person in confinement, refuses orneglects to keep such record, or makes in such record an
entry which, in any material particular, is to the person’s
knowledge false; or(b)being required by law to give any information to any
person touching any person in confinement, or to show
to any person any person in confinement, or any place inwhich a person is confined—(i)refuses or neglects to give such information, or toshow such person or place, to any person to whom
the person is so required to give the information orshow the person or place; or(ii) gives to any person to whom the person is so
required to give it, information touching any suchmatter which, in any material particular, is to theperson’s knowledge false;
Page 246

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33 Offences against liberty[s 358]is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
358

Unlawful custody of particular persons

Any person who detains or assumes the custody of an
involuntary patient under the Mental Health Act 2016 or aforensic disability client under the Forensic Disability Act
2011 contrary to the provisions of the laws relating to such
persons is guilty of a misdemeanour, and is liable toimprisonment for 2 years.
359

Threats(1) A person (the first person) who threatens to cause a detriment
to a second person with intent to prevent or hinder any person(the other person) other than the first person from doing any
act which the other person is lawfully entitled to do, or withintent to compel the other person to do any act which the otherperson is lawfully entitled to abstain from doing, or withintent to cause public alarm or anxiety, commits a crime.
Maximum penalty—5 years imprisonment.
(2) The offender is liable to a maximum penalty of 10 years
imprisonment if the threat is made to a law enforcement
officer, or a person helping a law enforcement officer, when or
because the officer is investigating the activities of a criminalorganisation.
(3) The following provisions also state a circumstance ofaggravation for an offence against this section—(a)section 52B;(b)

the Penalties and Sentences Act 1992, section 161Q.

(4) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 7 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 247

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359A](5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.

Chapter 33A

Unlawful stalking, intimidation,harassment or abuse

359A Definitions for ch 33A

In this chapter—
circumstances means the following circumstances—(a)the alleged stalker’s circumstances;(b)the circumstances of the stalked person known, foreseenor reasonably foreseeable by the alleged stalker;(c)

the circumstances surrounding the unlawful stalking;(d)any other relevant circumstances.

detriment includes the following—(a)apprehension or fear of violence to, or against propertyof, the stalked person or another person;(b)serious mental, psychological or emotional harm;(c)prevention or hindrance from doing an act a person is
lawfully entitled to do;(d)compulsion to do an act a person is lawfully entitled toabstain from doing.
Examples of paragraph (c)—A person no longer walks outside the person’s place of residenceor employment.
A person significantly changes the route or form of transport theperson would ordinarily use to travel to work or other places.

Page 248

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359A]

Example of paragraph (d)—A person sells a property the person would not otherwise sell.

property, of a person, means—(a)property in which the person has an interest, whether or
not the defendant also has an interest in the property; or
Note—
Under the Acts Interpretation Act 1954, schedule 1—interest, in relation to land or other property, means—(a) a legal or equitable estate in the land or other property; or(b) a right, power or privilege over, or in relation to, the land orother property.

(b)property that is otherwise—(i)used and enjoyed by the person; or(ii) available for the person’s use or enjoyment; or(iii) in the person’s care or custody; or(iv) at the premises at which the person is residing.
stalked person see section 359B.
unlawful stalking, intimidation, harassment or abuse see
sections 359B and 359D.
violence—(a)does not include any force or impact within the limits ofwhat is acceptable as incidental to social interaction or
to life in the community; and(b)against a person includes an act depriving a person ofliberty; and(c)against property includes an act of damaging,
destroying, removing, using or interfering with theproperty.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 249

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359B]

359B What is unlawful stalking, intimidation, harassment orabuse

Unlawful stalking, intimidation, harassment or abuse isconduct—(a)intentionally directed at a person (the stalked person);
and

(b)

engaged in on any 1 occasion if the conduct is protracted
or on more than 1 occasion; and(c)consisting of 1 or more acts of the following, or asimilar, type—(i)

following, loitering near, watching or approachinga person;(ii) contacting a person in any way, including, forexample, using any technology and over any
distance;
Examples of ways of contacting a person, including using
technology—
by telephone, mail, fax, SMS message, email, an app on acomputer, smart phone or other electronic device, or an
online social network(iii) loitering near, watching, approaching or entering aplace where a person lives, works or visits;(iv) monitoring, tracking or surveilling a person’s
movements, activities or interpersonal associations
without the person’s consent, including, forexample, using technology;
Examples of monitoring, tracking or surveilling using
technology—

Page 250•

using a tracking device or drone to track a person’s
movements•

checking the recorded history in a person’s digital
device•reading a person’s SMS messages•

monitoring a person’s email account or internet
browser history
Current as at 19 September 2024

Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359C]•

monitoring a person’s account with a social media
platform or online social network(v) leaving offensive material where it will be foundby, given to or brought to the attention of, a person;(vi) publishing offensive material on a website, social
media platform or online social network in a waythat will be found by, or brought to the attention of,a person;(vii) giving offensive material to a person, directly or
indirectly, including by using a website, social
media platform or online social network;(viii) an intimidating, harassing, threatening, humiliating
or abusive act against a person, whether or not
involving violence or a threat of violence;
Example—publishing a person’s personal information, including, forexample, the person’s home address or phone number, ona website(ix) an act of violence, or a threat of violence, against,
or against property of, anyone, including thedefendant; and
(d)

that—
(i)

would cause the stalked person apprehension orfear, reasonably arising in all the circumstances, ofviolence to, or against property of, the stalked
person or another person; or(ii) causes detriment, reasonably arising in all thecircumstances, to the stalked person or anotherperson.
359C What is immaterial for unlawful stalking, intimidation,harassment or abuse(1) For section 359B(a), it is immaterial whether the person doing
the unlawful stalking, intimidation, harassment or abuse—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 251

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359D](a)intends that the stalked person be aware the conduct isdirected at the stalked person; or(b)

has a mistaken belief about the identity of the person atwhom the conduct is intentionally directed.

(2) For section 359B(a) and (c), it is immaterial whether the
conduct directed at the stalked person consists of conduct
carried out in relation to another person or property of anotherperson.
(3) For section 359B(b), it is immaterial whether the conduct
throughout the occasion on which the conduct is protracted, orthe conduct on each of a number of occasions, consists of thesame or different acts.
(4) For section 359B(d), it is immaterial whether the person doing
the unlawful stalking, intimidation, harassment or abuseintended to cause the apprehension or fear, or the detriment,
mentioned in the section.
(5) For section 359B(d)(i), it is immaterial whether theapprehension or fear, or the violence, mentioned in the sectionis actually caused.
359D Particular conduct that is not unlawful stalking,intimidation, harassment or abuse

Unlawful stalking, intimidation, harassment or abuse does
not include the following acts—

Page 252(a)acts done in the execution of a law or administration ofan Act or for a purpose authorised by an Act;(b)acts done for the purposes of a genuine industrial
dispute;(c)acts done for the purposes of a genuine political or othergenuine public dispute or issue carried on in the public
interest;(d)reasonable conduct engaged in by a person for the
person’s lawful trade, business or occupation;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359E](e)reasonable conduct engaged in by a person to obtain or
give information that the person has a legitimate interestin obtaining or giving.

359E Punishment of unlawful stalking, intimidation,harassment or abuse(1) A person who unlawfully stalks, intimidates, harasses orabuses another person is guilty of a crime.
(2) A person who commits the crime of unlawful stalking,intimidation, harassment or abuse is liable to a maximum
penalty of imprisonment for 5 years.
(3) However, a person is liable to a maximum penalty of
imprisonment for 7 years if, for any of the acts constituting
the unlawful stalking, intimidation, harassment or abuse, theperson—(a)uses or intentionally threatens to use, violence against
anyone or anyone’s property; or(b)possesses a weapon within the meaning of the Weapons
Act 1990; or(c)contravenes or intentionally threatens to contravene an
injunction or order imposed or made by a court or
tribunal under a law of the Commonwealth or a State.

(4) Also, a person is liable to a maximum penalty of
imprisonment for 7 years if a domestic relationship exists
between the person and the stalked person.
(5) Further, a person is liable to a maximum penalty of
imprisonment for 10 years if any of the acts constituting theunlawful stalking, intimidation, harassment or abuse are done
when or because the stalked person is a law enforcement
officer investigating the activities of a criminal organisation.
(6) The following provisions also state a circumstance ofaggravation for an offence against this section—(a)section 52B;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 253

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359F](b)

the Penalties and Sentences Act 1992, section 161Q.

(7) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable toimprisonment for 7 years.
(8) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
359F

Court may restrain unlawful stalking, intimidation,harassment or abuse(1) This section applies on the hearing before a court of a charge
against a person of unlawful stalking, intimidation,harassment or abuse.
(2) Whether the person is found guilty or not guilty or theprosecution ends in another way, if the presiding judge ormagistrate considers it desirable, the judge or magistrate may
constitute the court to consider whether a restraining ordershould be made against the person.
(3) The judge or magistrate may act under subsection (2) on
application by the Crown or an interested person or on thejudge’s or magistrate’s own initiative.
(4) Also, if the restraining order proceeding is started before theSupreme Court or the District Court, the court may order theproceeding to be transferred to a Magistrates Court.
(5) If a court makes an order under subsection (4), the registrar of
the court must send to the clerk of the relevant Magistrates
Court a copy of the order and the record of proceedings of thehearing of the charge and any application mentioned insubsection (3).
(6) The court hearing the restraining order proceeding may makea restraining order against the person in relation to any person
or any property if it considers it desirable to do so having
regard to the evidence given at the hearing of the charge andPage 254

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 33A Unlawful stalking, intimidation, harassment or abuse[s 359F]

any application under subsection (3) and any further evidence
the court may admit.
(7) A restraining order takes effect on the day it is made andcontinues in force until—(a)the day stated by the court in the restraining order; or(b)

if no day is stated, the day that is 5 years after the day
the restraining order is made.

(8) The court may order that a restraining order continues in force
for a period of less than 5 years only if the court is satisfied
that the safety of a person in relation to whom the restraining
order is made is not compromised by the shorter period.
(9) A restraining order may be varied or revoked at any time by
the court, and, if the order provides, by another court.
(10) A person who knowingly contravenes a restraining ordercommits an offence.
Maximum penalty—120
imprisonment.

penalty

units

or

3

years

(11) However, if the person has been convicted of a domestic
violence offence in the 5 years before the contravention, theperson is guilty of a misdemeanour and is liable to a fine of
240 penalty units or imprisonment for 5 years.
(12) A restraining order may be made against a person whether or
not another order is made against the person in the proceeding
for the charge.
(13) A restraining order proceeding is not a criminal proceeding.
(14) A question of fact for a decision under subsection (2) and in a
restraining order proceeding must be decided on the balanceof probabilities.
(15) In this section—
charge means the charge of unlawful stalking, intimidation,harassment or abuse mentioned in subsection (1).

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 255

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 34 Offences relating to marriage and parental rights and duties[s 360]domestic violence offence includes an offence against theDomestic and Family Violence Protection Act 2012, part 7.
Note—
See also the definition of domestic violence offence in section 1.

restraining order against a person means any orderconsidered appropriate for the purpose of prohibiting
particular conduct, including, for example, contact for a statedperiod by the person with a stated person or the property of astated person.
restraining order proceeding means a proceeding started
under subsection (2).

Chapter 34

360

Offences relating to marriage
and parental rights and duties

Bigamy(1) Any person who—(a)being married, goes through the form of marriage withany other person during the life of his or her wife or
husband; or(b)goes through the form of marriage with any person
whom he or she knows to be married;

is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is a defence to a charge of either of the offences defined inthis section to prove that at the time of committing the alleged
offence the wife or husband of the person already married had
been continually absent from him or her for the space of 7
years then last past, unless it is shown that the accused person
knew that such wife or husband was living within that time.

Page 256

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 34 Offences relating to marriage and parental rights and duties[s 361]

361

Unlawful celebration of marriage

Any person who—(a)celebrates, or attempts or professes to celebrate, themarriage of any person who, to the person’s knowledge,
is under the age of 18 years, and is not a widower orwidow, without the written consent of some person
authorised by law to give such consent, or with a writtenconsent which, to the person’s knowledge, is not given
by a person authorised by law to give it; or(b)celebrates, or attempts or professes to celebrate, any
marriage contrary to the provisions of the laws relating
to the solemnisation of marriage; or(c)celebrates, or attempts or professes to celebrate, any
marriage in any case in which any provision of thoselaws has not been complied with, knowing that it has notbeen complied with; or(d)induces, or attempts to induce, any person to celebrate
the marriage of any person who is to the knowledge ofthe offender under the age of 18 years, and is not awidower or widow, without the consent mentioned inparagraph (a), or with a consent which, to the person’s
knowledge, is not given by a person authorised by law togive it, or to celebrate any marriage contrary to or
without compliance with the laws relating to thesolemnisation of marriage; or(e)marries a person who is, to his or her knowledge, under
the age of 18 years, and is not a widow or widower,
without the consent mentioned in paragraph (a), or witha consent which, to his or her knowledge, is not given bya person authorised by law to give it;is guilty of a misdemeanour, and is liable to imprisonment for
3 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 257

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 34 Offences relating to marriage and parental rights and duties[s 362]362

Unqualified persons procuring registration as persons
qualified to celebrate marriages

Any person who, not being a person entitled to be registeredunder the laws relating to the solemnisation of marriage as aperson authorised to celebrate marriages, and knowing thatthe person is not such a person, procures the person’s name tobe registered as a person so entitled, is guilty of amisdemeanour, and is liable to imprisonment for 2 years, andto a fine of $400.
363

Child-stealing(1) Any person who, with intent to deprive any parent, guardian,or other person who has the lawful care or charge, of a childunder the age of 16 years, of the possession of such child, orwith intent to steal any article upon or about the person of any
such child—(a)forcibly or fraudulently takes or entices away, or
detains, the child; or(b)receives or harbours the child, knowing it to have been
so taken or enticed away or detained;

is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is a defence to a charge of any of the offences defined in thissection to prove that the accused person claimed in good faitha right to the possession of the child, or, in the case of a child
whose parents were not married to each other at the time of its
conception and have not since married each other, not being achild who has been adopted as aforesaid, is its mother orclaimed in good faith to be its father.
(3) In this section—corresponding parentage order means an order under a lawof another State that provides for a parentage order similar toa parentage order under the Surrogacy Act 2010.
parent includes—
Page 258

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 34 Offences relating to marriage and parental rights and duties[s 363A](a)

for a child who has been legally adopted in Queensland
or in another State—a person who has adopted the child;or(b)

for a child whose parentage has been transferred by aparentage order under the Surrogacy Act 2010 or acorresponding parentage order—a person who is aparent of the child under the order; or(c)for a child whose parentage has been transferred under acultural recognition order made under the Meriba
Omasker Kaziw Kazipa (Torres Strait Islander
Traditional Child Rearing Practice) Act 2020—a person
who is a parent of the child under the order;

but does not include a natural parent of the child.
363A Abduction of child under 16(1) Any person who unlawfully takes an unmarried child under
the age of 16 years out of the custody or protection of thechild’s father or mother, or other person having the lawful careor charge of the child, and against the will of the father,mother or other person, is guilty of a crime, and is liable toimprisonment for 7 years.
(2) It is immaterial that the offender believed the child to be of or
above the age of 16 years.
(3) It is immaterial that the child was taken with the consent of orat the suggestion of the child.
364

Cruelty to children under 16(1) A person who, having the lawful care or charge of a childunder 16 years, causes harm to the child by any prescribed
conduct that the person knew or ought reasonably to have
known would be likely to cause harm to the child commits acrime.
Maximum penalty—7 years imprisonment.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 259

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 35 Criminal defamation[s 364A](2) In this section—
harm, to a child, means any detrimental effect of a significant
nature on the child’s physical, psychological or emotional
wellbeing, whether temporary or permanent.
prescribed conduct means—(a)failing to provide the child with adequate food, clothing,
medical treatment, accommodation or care when it isavailable to the person from his or her own resources; or(b)failing to take all lawful steps to obtain adequate food,clothing, medical treatment, accommodation or carewhen it is not available to the person from his or her
own resources; or(c)deserting the child; or(d)leaving the child without means of support.

364A Leaving a child under 12 unattended(1) A person who, having the lawful care or charge of a childunder 12 years, leaves the child for an unreasonable time
without making reasonable provision for the supervision andcare of the child during that time commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) Whether the time is unreasonable depends on all the relevant
circumstances.

Chapter 35
365

Criminal defamation

Criminal defamation(1) Any person who, without lawful excuse, publishes matterdefamatory of another living person (the relevant person)—Page 260

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 35 Criminal defamation[s 365](a)knowing the matter to be false or without having regard
to whether the matter is true or false; and(b)intending to cause serious harm to the relevant person or
any other person or without having regard to whether
serious harm to the relevant person or any other person
is caused;commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) In a proceeding for an offence defined in this section, theaccused person has a lawful excuse for the publication of
defamatory matter about the relevant person if, and only if,
subsection (3) applies.
(3) This subsection applies if the accused person would, having
regard only to the circumstances happening before or at thetime of the publication, have had a relevant defence for the
publication if the relevant person had brought civil
proceedings for defamation against the accused person.
(4) The prosecution has the burden of negativing the existence ofa lawful excuse if, and only if, evidence directed toestablishing the excuse is first adduced by or on behalf of theaccused person.
(5) Whether the matter complained of is capable of bearing adefamatory meaning is a question of law.
(6) Whether the matter complained of does bear a defamatory
meaning is a question of fact.
(7) A person can not be prosecuted for an offence defined in thissection without the consent of the director of publicprosecutions.
(8) In this section—
defamatory has the meaning that it has in the law of tort (asmodified by the Defamation Act 2005) relating to defamation.
modified statutory defence of justification means the defence
stated in the Defamation Act 2005, section 25 as if that section
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 261

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 35A Circumstance of aggravation for particular offences[s 365A]

provided that it is a defence to the publication of defamatory
matter if the defendant proves that—(a)the defamatory imputations carried by the matter ofwhich the relevant person complains are substantiallytrue; and(b)

it was for the public benefit that the publication should
be made.

publish has the meaning that it has in the law of tort (asmodified by the Defamation Act 2005) relating to defamation.
relevant defence means—(a)a defence available under the Defamation Act 2005
other than—(i)the statutory defence of justification; or(ii) the statutory defence of failure to accept
reasonable offer; or(b)the modified statutory defence of justification; or(c)a defence available other than under the Defamation Act
2005, including under the general law.

statutory defence of failure to accept reasonable offer means
the defence stated in the Defamation Act 2005, section 18(1).
statutory defence of justification means the defence stated in
the Defamation Act 2005, section 25.

Chapter 35A

Circumstance of aggravation
for particular offences

365A Application of ch 35A(1) This chapter applies to an offence against—(a)Page 262

section 320; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 35A Circumstance of aggravation for particular offences[s 365B](b)section 323; or(c)section 340(1)(b), if the circumstances mentioned in
section 340(1), penalty, paragraph (a) apply; or(d)section 340(2AA), if the circumstances mentioned in
section 340(2AA), penalty, paragraph (a) apply.

(2) This chapter applies in relation to proof of the circumstance ofaggravation that the offence was committed in a public place
while the person was adversely affected by an intoxicating
substance.
Notes—
1

The Penalties and Sentences Act 1992, part 5, division 2,
subdivision 2 provides for the making of a community service
order for the person if the offence is committed in a public place
while the person is adversely affected by an intoxicating substance.

2

The Police Powers and Responsibilities Act 2000, chapter 18A
applies the Transport Operations (Road Use Management) Act
1995, section 80 to allow evidentiary certificates about breath,saliva, blood or urine specimens taken from the person to be usedin proceedings for the offence.

365B Application of defences(1) Section 24 does not apply in relation to a belief of the personthat the person is not adversely affected by an intoxicating
substance.
(2) A person is taken to be not adversely affected by anintoxicating substance at the relevant time if the person
proves—(a)the person ingested an intoxicating substance that theperson did not know the person was ingesting; and(b)an ordinary person would not reasonably have known
the person was ingesting the intoxicating substance; and(c)the person would not be adversely affected by anintoxicating substance at the relevant time apart fromthat ingestion.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 263

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and duties
Chapter 35A Circumstance of aggravation for particular offences[s 365C](3) In this section—
ingest includes drink, administer, inhale and smoke.
365C Proof of being adversely affected by an intoxicating
substance(1) A person is taken to be adversely affected by an intoxicating
substance if—(a)the concentration of alcohol in the person’s blood is atleast 150mg of alcohol in 100mL of blood; or(b)the concentration of alcohol in the person’s breath is atleast 0.150g of alcohol in 210L of breath; or(c)any amount of a drug prescribed by regulation is present
in the person’s saliva; or(d)the person fails to provide a specimen as required under
the Transport Operations (Road Use Management) Act
1995, section 80 as applied under the Police Powers andResponsibilities Act 2000, chapter 18A.

(2) However, subsection (1)(c) or (d) does not apply if the person
proves he or she was not adversely affected by an intoxicating
substance at the relevant time.
(3) Subsection (1) does not limit the circumstances in which aperson may be adversely affected by an intoxicating
substance.

Page 264

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 390]Part 6

Offences relating toproperty and contracts

Division 1

Stealing and like offences

Chapter 36

Stealing

390

Things capable of being stolen

Anything that is the property of any person is capable of being
stolen if it is—

391

(a)

moveable; or(b)capable of being made moveable, even if it is mademoveable in order to steal it.

Definition of stealing(1) A person who fraudulently takes anything capable of being
stolen, or fraudulently converts to the person’s own use or to
the use of any other person anything capable of being stolen,
is said to steal that thing.
(2) A person who takes or converts anything capable of being
stolen is deemed to do so fraudulently if the person does sowith any of the following intents, that is to say—(a)an intent to permanently deprive the owner of the thingof it;(b)an intent to permanently deprive any person who has
any special property in the thing of such property;(c)an intent to use the thing as a pledge or security;(d)an intent to part with it on a condition as to its return
which the person taking or converting it may be unable
to perform;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 265

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 391](e)an intent to deal with it in such a manner that it can not
be returned in the condition in which it was at the timeof the taking or conversion;(f)in the case of money—an intent to use it at the will of
the person who takes or converts it, although the person
may intend to afterwards repay the amount to the owner.

(2A) A person who has taken possession of anything capable ofbeing stolen in such circumstances that the thing thereupon is
not identifiable is deemed to have taken or converted the thing
fraudulently notwithstanding that the property in the thing has
passed to the person if, at the time the person transports thething away, the person has not discharged or madearrangements with the owner or previous owner of the thingfor discharging the person’s indebtedness in respect of thething.
(2B) The presumption provided for by subsection (2A) is
rebuttable.
(3) The taking or conversion may be fraudulent, although it iseffected without secrecy or attempt at concealment.
(4) In the case of conversion, it is immaterial whether the thing
converted is taken for the purpose of conversion, or whether it
is at the time of the conversion in the possession of the person
who converts it.
(4A) It is also immaterial that the person who converts the property
is the holder of a power of attorney for the disposition of it, oris otherwise authorised to dispose of the property.
(5) When a thing converted has been lost by the owner and foundby the person who converts it, the conversion is not deemed tobe fraudulent if at the time of the conversion the person taking
or converting the thing does not know who is the owner, andbelieves, on reasonable grounds, that the owner can not be
discovered.
(6) The act of stealing is not complete until the person taking or
converting the thing actually moves it or otherwise actuallydeals with it by some physical act.
Page 266

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 391](6A) For stealing that is a failure to pay an employee, or anotherperson on behalf of the employee, an amount payable to theemployee or other person in relation to the performance ofwork by the employee—(a)the amount is a thing that is capable of being stolen; and(b)subsection (6) does not apply; and(c)the amount is converted to the person’s own use when—(i)the amount becomes, under an Act, industrial
instrument or agreement, payable to the employee
or to the other person on behalf of the employee;and(ii) the amount is not paid.
(7) In this section—
Act includes an Act of another State or the Commonwealth.
industrial instrument means—(a)an industrial instrument under the Industrial Relations
Act 2016, schedule 5; or(b)a fair work instrument under the Fair Work Act 2009
(Cwlth).

owner includes the owner, any part owner, or any person
having possession or control of, or a special property in, thething in question.
special property, in a thing, includes—(a)a charge or lien on the thing; and(b)a right arising from or dependent on holding possessionof the thing, whether by the person entitled to the rightor by another person for the other person’s benefit; and(c)a right of an employee, in relation to the performance ofwork by the employee—(i)to be paid the thing; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 267

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 392](ii) to have the thing paid to another person on behalfof the employee.
392

Special cases(1) When a wild animal in the enjoyment of its natural liberty has
been killed by any person, the taking of the dead body of theanimal by that person, or by any person acting under the
person’s orders, before it has been reduced into actual
possession by the owner of the land on which the animal was
killed or on which it died, is not deemed to be stealing.
(2) When a factor or agent pledges or gives a lien on any goods or
document of title to goods entrusted to the factor or agent forthe purpose of sale or otherwise for any sum of money not
greater than the amount due to the factor or agent from his or
her principal at the time of pledging or giving the lien,
together with the amount of any bill of exchange or
promissory note accepted or made by the factor or agent for oron account of his or her principal, such dealing with the goods
or document of title is not deemed to be stealing.
393

Funds etc. held under direction(1) When a person receives, either alone or jointly with anotherperson, any money or valuable security, or a power of attorney
for the sale, mortgage, pledge, or other disposition, of any
property, whether capable of being stolen or not, with adirection in either case that such money or any part thereof, or
any other money received in exchange for it, or any part
thereof, or the proceeds or any part of the proceeds of suchsecurity, or of such mortgage, pledge, or other disposition,
shall be applied to any purpose or paid to any person specified
in the direction, such money and proceeds are deemed to be
the property of the person from whom the money, security, or
power of attorney, was received until the direction has been
complied with.

Page 268

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 394](2) However, if the person receiving the money, security or powerof attorney, and the person from whom the person receives it
ordinarily deal with each other on such terms that in theabsence of any special direction all money paid to the formeron account of the latter would be properly treated as an item ina debtor and creditor account between them, the former can
not be charged with stealing the money or any such proceeds
unless the direction is in writing.
394

Funds etc. received by agents for sale

When a person receives, either alone or jointly with anotherperson, any property from another on terms authorising or
requiring the person to sell it or otherwise dispose of it, andrequiring the person to pay or account for the proceeds of theproperty, or any part of such proceeds, or to deliver anythingreceived in exchange for the property, to the person fromwhom it is received, or some other person, then the proceedsof the property, and anything so received in exchange for it,
are deemed to be the property of the person from whom theproperty was so received, until they have been disposed of inaccordance with the terms on which the property wasreceived, unless it is a part of those terms that the proceeds (ifany) shall form an item in a debtor and creditor accountbetween the person and the person to whom the person is to
pay them or account for them, and that the relation of debtor
and creditor only shall exist between them in respect thereof.
395

Money received for another

When a person receives, either alone or jointly with anotherperson, any money on behalf of another, the money is deemed
to be the property of the person on whose behalf it is received,
unless the money is received on the terms that it shall form an
item in a debtor and creditor account, and that the relation of
debtor and creditor only shall exist between the parties inrespect of it.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 269

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 396]396

Stealing by persons having an interest in the thing stolen

When any person takes or converts anything capable of being
stolen, under such circumstances as would otherwise amountto stealing, it is immaterial that the person has a special
property or interest therein, or that the person is the owner of
the thing taken or converted subject to some special property
or interest of some other person therein; or that the person islessee of the thing, or that the person is 1 of 2 or more joint
owners of the thing; or that the person is a director or officer
of a corporation or company or society who are the owners ofit.
398

Punishment of stealing(1) Any person who steals anything capable of being stolen is
guilty of a crime, and is liable, if no other punishment isprovided, to imprisonment for 5 years.
(2) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(3) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
Punishment in special cases
1

Stealing wills

If the thing stolen is a testamentary instrument, whether thetestator is living or dead, the offender is liable to 14 years
imprisonment.

Page 270

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing
[s 2]

2

Stealing stock(1) If the thing stolen is 1 or more animals and the offender issentenced to pay a fine, the fine must be at least the following
amount for each animal—(a)

if the animal’s value is determined under a regulation
under section 450F—that value or 10 penalty units,
whichever is higher;(b)otherwise—10 penalty units.

(2) Subclause (1) applies whether the person is sentenced to pay
the fine in addition to, or instead of, imprisonment.
(3) Subclause (1) applies whether the person is liable toimprisonment for 5 years or a longer period under this section.
(4) In this clause—
animal means an animal that is stock.
4

Stealing from the person—stealing goods in transit etc.

If the offence is committed under any of the circumstances
following, that is to say—(a)if the thing is stolen from the person of another;(b)

if the thing is stolen in a dwelling, and its value exceeds$1,000, or the offender at or immediately before or after
the time of stealing uses or threatens to use violence toany person in the dwelling;(c)

if the thing is stolen from any kind of vehicle or place of
deposit used for the conveyance or custody of goods intransit from 1 place to another;(d)if the thing is stolen from a vehicle which is in distressor wrecked or stranded;(e)

if the thing is stolen from a public office in which it isdeposited or kept;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 271

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing
[s 5]

(f)

if the offender, in order to commit the offence, opens
any locked room, box, or other receptacle, by means of a
key or other instrument;

the offender is liable to imprisonment for 10 years.
5

Stealing by persons in the public service

If the offender is a person employed in the public service, andthe thing stolen is the property of the Sovereign, or came into
the possession of the offender by virtue of the offender’semployment, the offender is liable to imprisonment for 10
years.
6

Stealing by clerks and servants

If the offender is a clerk or servant, and the thing stolen is theproperty of the offender’s employer, or came into thepossession of the offender on account of the offender’semployer, the offender is liable to imprisonment for 10 years.
7

Stealing by directors or officers of companies

If the offender is a director or officer of a corporation orcompany, and the thing stolen is the property of thecorporation or company, the offender is liable toimprisonment for 10 years.
8

Stealing by agents etc.

If the thing stolen is any of the things following, that is tosay—Page 272(a)property which has been received by the offender with apower of attorney for the disposition thereof;(b)money received by the offender with a direction that thesame should be applied to any purpose or paid to any
person specified in the direction;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing
[s 9]

(c)

the whole or part of the proceeds of any valuable
security which has been received by the offender with adirection that the proceeds thereof should be applied toany purpose or paid to any person specified in the
direction;(d)the whole or part of the proceeds arising from any
disposition of any property which have been received by
the offender by virtue of a power of attorney or otherauthority for the disposition of the property received by
the offender with a direction that such proceeds should
be applied to any purpose or paid to any person
specified in the direction;

the offender is liable to imprisonment for 10 years.
9

Stealing property valued at more than $5,000

If the thing stolen is property, including an animal that isstock, and its value is more than $5,000, the offender is liable
to imprisonment for 10 years.
10

Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender tobe used by him or her with a house or lodging, and its value
exceeds $1,000, the offender is liable to imprisonment for 10
years.
11

Stealing after previous conviction

If the offender, before committing the offence, had been
convicted upon indictment of any of the indictable offences
defined in this division, or had been twice previously
summarily convicted of an offence punishable on summaryconviction under this division, whether each of theconvictions was in respect of an offence of the same characteror not, the offender is liable to imprisonment for 10 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 273

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 36 Stealing[s 12]

12

Stealing of a vehicle

If the thing stolen is a vehicle the offender is liable toimprisonment for 14 years.
13

Stealing by looting

If—
(a)

the offence is committed during a natural disaster, civil
unrest or an industrial dispute; or(b)the thing stolen is left unattended by the death orincapacity of the person in possession of the property; or(c)the offence is committed in an area that—(i)is a declared area for a disaster situation under theDisaster Management Act 2003; or(ii) was, immediately before the offence wascommitted, a declared area for a disaster situation
under the Disaster Management Act 2003;
the offender is liable to imprisonment for 10 years.
14

Stealing firearm for use in another indictable offence

If—
(a)

the thing stolen is a firearm; and(b)the offender steals the firearm intending that it be usedby anyone to commit an indictable offence;

the offender is liable to imprisonment for 14 years.
15

Stealing firearm or ammunition

If the thing stolen is a firearm or ammunition, the offender isliable to imprisonment for 10 years.

Page 274

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 16]

16

Stealing by employers

If the offender is or was an employer and the thing stolen is
the property of a person who is or was the offender’semployee, the offender is liable to imprisonment for 10 years.

Chapter 37
399

Offences analogous to stealing

Fraudulent concealment of particular documents

A person who, with intent to defraud, conceals the whole orpart of—(a)a register or record kept by lawful authority; or(b)a document recording title to property; or(c)a testamentary instrument (whether the testator is living
or dead);commits a crime.
Maximum penalty—

403

(a)

if the offence is committed in relation to a document
recording title to property—3 years imprisonment; or(b)otherwise—14 years imprisonment.

Severing with intent to steal

Any person who makes anything moveable with intent to steal
it is guilty of a crime, and is liable to the same punishment as
if the person had stolen the thing after it became moveable.
406

Bringing stolen goods into Queensland

Any person who, having at any place not in Queensland
obtained any property by any act which if it had been done in
Queensland would have constituted the crime of stealing, andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 275

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408A]

which is an offence under the laws in force in the place where
it was done, brings such property into Queensland, or has it in
the person’s possession in Queensland, is guilty of a crime,and is liable to the same punishment as if the person had
stolen it in Queensland; but so that the punishment does notexceed that which would be incurred for the same act under
the laws in force in the place where the act by which theperson obtained the property was done.
408A Unlawful use or possession of motor vehicles, aircraft orvessels(1) A person who—(a)unlawfully uses any motor vehicle, aircraft or vessel
without the consent of the person in lawful possession
thereof; or(b)

has in the person’s possession any motor vehicle,
aircraft or vessel without the consent of the person in
lawful possession thereof with intent to deprive theowner or person in lawful possession thereof of the use
and possession thereof either temporarily or
permanently;

is guilty of a crime and is liable to imprisonment for 10 years.
(2) If the offender uses or intends to use the motor vehicle,
aircraft or vessel for the purpose of facilitating thecommission of an indictable offence, the offender is liable toimprisonment for 12 years.
(3) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 12 years.
(4) If—(a)Page 276

the offence is committed in the night; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408A](b)

the offender—(i)

uses or threatens to use actual violence; or(ii) is or pretends to be armed with a dangerous or
offensive weapon, instrument or noxious
substance; or(iii) is in company with 1 or more persons; or(iv) damages, or threatens or attempts to damage, any
property;
the offender is liable to imprisonment for 14 years.
(5) If—(a)

the motor vehicle, aircraft or vessel is an emergency
vehicle; and(b)the offender knows, or ought reasonably to know, it is an
emergency vehicle;

the offender is liable to imprisonment for 14 years.
(6) Subsections (1) to (5) do not apply if the accused person had
the lawful consent of the owner of the motor vehicle, aircraft
or vessel to its use or possession by the accused person.
(7) The accused person bears the evidential burden in relation to
the matters stated in subsection (6).
(8) This section applies without prejudice to any provision of any
other Act relating to the unlawful use or possession of motor
vehicles, aircraft or vessels save that an offender shall not beliable to be convicted under both this section and such otherprovision in respect of any one and the same unlawful use orpossession of any motor vehicle, aircraft or vessel.
(9) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
material includes an electronic document.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 277

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408C]

vessel means every kind of vessel designed for use on or inwater, not propelled exclusively by oars.
408C Fraud(1) A person who dishonestly—(a)applies to his or her own use or to the use of any
person—(i)

property belonging to another; or(ii) property belonging to the person, or which is in the
person’s possession, either solely or jointly withanother person, subject to a trust, direction orcondition or on account of any other person; or(b)obtains property from any person; or(c)induces any person to deliver property to any person; or(d)gains a benefit or advantage, pecuniary or otherwise, forany person; or(e)causes a detriment, pecuniary or otherwise, to any
person; or(f)induces any person to do any act which the person is
lawfully entitled to abstain from doing; or(g)induces any person to abstain from doing any act whichthat person is lawfully entitled to do; or(h)makes off, knowing that payment on the spot is requiredor expected for any property lawfully supplied or
returned or for any service lawfully provided, without
having paid and with intent to avoid payment;

commits the crime of fraud.
Maximum penalty—5 years imprisonment.
(2) The offender is liable to imprisonment for 14 years if, for an
offence against subsection (1)—Page 278

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408C](a)the offender is a director or officer of a corporation, andthe victim is the corporation; or(b)the offender is an employee of the victim; or(c)any property in relation to which the offence iscommitted came into the possession or control of theoffender subject to a trust, direction or condition that itshould be applied to any purpose or be paid to any
person specified in the terms of trust, direction orcondition or came into the offender’s possession on
account of any other person; or(d)the property, or the yield to the offender from thedishonesty, or the detriment caused, is of a value of atleast $30,000 but less than $100,000; or(e)the offender is or was an employer of the victim.

(2A) The offender is liable to imprisonment for 20 years, if, for an
offence against subsection (1)—(a)

the property, or the yield to the offender from thedishonesty, or the detriment caused, is of a value of atleast $100,000; or(b)the offender carries on the business of committing theoffence.

(2B) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(2C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(3) For the purposes of this section—(a)property, without limiting the definition of property insection 1, includes credit, service, any benefit oradvantage, anything evidencing a right to incur a debt or
to recover or receive a benefit, and releases ofobligations; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 279

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408C](b)a person’s act or omission in relation to property may bedishonest even though—(i)he or she is willing to pay for the property; or(ii) he or she intends to afterwards restore the property
or to make restitution for the property or toafterwards fulfil his or her obligations or to makegood any detriment; or(iii) an owner or other person consents to doing any act
or to making any omission; or(iv) a mistake is made by another person; andPage 280(c)a person’s act or omission in relation to property is nottaken to be dishonest, if when the person does the act ormakes the omission, he or she does not know to whom
the property belongs and believes on reasonable grounds
that the owner can not be discovered by taking
reasonable steps, unless the property came into his or
her possession or control as trustee or personal
representative; and(d)persons to whom property belongs include the owner,
any joint or part owner or owner in common, any person
having a legal or equitable interest in or claim to theproperty and any person who, immediately before theoffender’s application of the property, had control of it;
and

(e)

obtain includes to get, gain, receive or acquire in any
way; and(f)

if a person obtains property from any person or induces
any person to deliver property to any person it isimmaterial in either case whether the owner passes or
intends to pass ownership in the property or whether heor she intends to pass ownership in the property to any
person.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408D]

408D Obtaining or dealing with identification information(1) A person who obtains or deals with another entity’s
identification information for the purpose of committing, or
facilitating the commission of, an indictable offence commits
a misdemeanour.
Maximum penalty—5 years imprisonment.
(1A) A person who possesses equipment for the purpose ofcommitting, or facilitating the commission of, an offence
against subsection (1), commits a misdemeanour.
Maximum penalty—5 years imprisonment.
(1B) The Penalties and Sentences Act 1992, section 161Q states acircumstance of aggravation for an offence against thissection.
(1C) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) For subsection (1), it is immaterial whether the other entity isalive or dead, or exists or does not exist, or consents or does
not consent to the obtaining or dealing.
(3) When a court is sentencing a person for an offence against
subsection (1), the court may order that the court’s certificate
be issued to the other entity stating the offence, the entity’s
name and anything else the court considers relevant for theentity’s benefit.
(4) The order may be made on the court’s own initiative or on
application by the entity or the prosecutor.
(5) If the person is sentenced on a plea of guilty, the certificate
may be given to the entity immediately.
(6) If subsection (5) does not apply, the certificate must not begiven to the entity until the later of the following—(a)the end of any period allowed for appeal againstconviction;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 281

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408D](b)

if an appeal is started—the end of any proceedings on
the appeal.

(7) In this section—
dealing, with identification information, includes supplying
or using the information.
digital signature means encrypted electronic or computer dataintended for the exclusive use of a particular person as ameans of identifying himself or herself as the sender of anelectronic communication.
identification information, of another entity, means
information about, or identifying particulars of, the entity thatis capable of being used, whether alone or in conjunction withother information, to identify or purportedly identify theentity.
Examples for an entity that is an individual—•

information about the individual or the individual’s relatives
including name, address, date of birth, marital status and similar
information•

the individual’s driver licence or driver licence number•

the individual’s passport or passport number•

anything commonly used by an individual to identify himself or
herself, including a digital signature•

the individual’s financial account numbers, user names andpasswords•

a series of numbers or letters (or a combination of both) intended
for use as a means of personal identification•

any data stored or encrypted on the individual’s credit or debit card•biometric data relating to the individual•

the individual’s voice print•

a false driver licence or other false form of identification for a
fictitious individual

Examples for an entity that is a body corporate—

Page 282•

the body corporate’s name•the body corporate’s ABN

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408E]•

the body corporate’s financial account numbers•

any data stored or encrypted on a credit or debit card issued to thebody corporate

obtaining, identification information, includes possessing or
making the information.
408E Misuse of restricted computer(1) A person who uses a restricted computer without the consent
of the computer’s controller commits a misdemeanour.
Maximum penalty—3 years imprisonment.
(2) If the person causes or intends to cause detriment or damage,or gains or intends to gain a benefit, the person commits acrime and is liable to imprisonment for 5 years.
(3) If the person causes a detriment or damage or obtains a benefit
for any person to the value of more than $5,000, or intends tocommit an indictable offence, the person commits a crime andis liable to imprisonment for 10 years.
(4) It is a defence to a charge under this section to prove that theuse of the restricted computer was authorised, justified or
excused by law.
(5) In this section—
benefit includes a benefit, pecuniary or otherwise, obtained byor delivered to any person.
computer means all or part of a computer, computer system orcomputer network and includes, for example, all external
devices connected to the computer in any way or capable ofcommunicating with each other as part of a system or
network.
controller means a person who has a right to control thecomputer’s use.
damage includes—(a)damage to any computer hardware or software; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 283

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 37 Offences analogous to stealing[s 408E](b)for information—any alteration, addition, removal orloss of, or other damage to, information.

detriment includes any detriment, pecuniary or otherwise, toany person.
information includes data, file, document, or computer
language or coding.
restricted computer means a computer for which—(a)a device, code or a particular sequence of electronic
impulses is necessary in order to gain access to or to use
the computer; and(b)the controller—(i)withholds or takes steps to withhold access to thedevice, or knowledge of the code or of thesequence or of the way of producing the code or
the sequence, from other persons; or(ii) restricts access or takes steps to restrict access tothe device or knowledge of the code or of thesequence, or to the way of producing the sequence,
to a person or a class of person authorised by thecontroller.
use, of a restricted computer, includes accessing or altering
any information stored in, or communicate information
directly or indirectly to or from, the restricted computer, orcause a virus to become installed on or to otherwise affect, thecomputer.

Page 284

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 38 Stealing with violence—extortion by threats[s 409]Chapter 38

409

Stealing withviolence—extortion by threats

Definition of robbery(1) Any person who steals anything, and, at or immediately
before or immediately after the time of stealing it, uses orthreatens to use actual violence to any person or property inorder to obtain the thing stolen or to prevent or overcome
resistance to its being stolen, is said to be guilty of robbery.
(2) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
411

Punishment of robbery(1) Any person who commits the crime of robbery is liable toimprisonment for 14 years.
(2) If the offender is or pretends to be armed with any dangerous
or offensive weapon or instrument, or is in company with 1 ormore other person or persons, or if, at or immediately before
or immediately after the time of the robbery, the offenderwounds or uses any other personal violence to any person, theoffender is liable to imprisonment for life.
(3) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for the crime of robbery.
412

Attempted robbery(1) Any person who assaults any person with intent to steal
anything, and, at or immediately before or immediately after
the time of the assault, uses or threatens to use actual violence
to any person or property in order to obtain the thing intended
to be stolen, or to prevent or overcome resistance to its being

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 285

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 38 Stealing with violence—extortion by threats[s 413]stolen, is guilty of a crime, and is liable to imprisonment for 7
years.
(2) If the offender is or pretends to be armed with any dangerous
or offensive weapon or instrument, or is in company with 1 ormore other person or persons, the offender is liable toimprisonment for 14 years.
(3) If the offender is armed with any dangerous or offensive
weapon, instrument or noxious substance, and at or
immediately before or immediately after the time of theassault the offender wounds, or uses other personal violence
to, any person by the weapon, instrument or noxious
substance, the offender is liable to imprisonment for life.
(4) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(5) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
413

Assault with intent to steal

Any person who assaults any person with intent to steal
anything is guilty of a crime, and is liable to imprisonment for
3 years.
414

Demanding property with menaces with intent to steal

Any person who, with intent to steal anything, demands itfrom any person with threats of any injury or detriment of any
kind to be caused to the other person, either by the offender orby any other person, if the demand is not complied with, isguilty of a crime, and is liable to imprisonment for 3 years.

Page 286

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 38 Stealing with violence—extortion by threats[s 415]415

Extortion(1) A person (the demander) who, without reasonable cause,
makes a demand—(a)with intent to—(i)gain a benefit for any person (whether or not thedemander); or(ii) cause a detriment to any person other than the
demander; and(b)with a threat to cause a detriment to any person otherthan the demander;

commits a crime.
Maximum penalty—(a)

if carrying out the threat causes, or would be likely tocause, serious personal injury to a person other than theoffender—life imprisonment; or(b)if carrying out the threat causes, or would be likely tocause, substantial economic loss in an industrial orcommercial activity conducted by a person or entity
other than the offender (whether the activity is
conducted by a public authority or as a private
enterprise)—life imprisonment; or(c)otherwise—14 years imprisonment.

(1A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(2) It is immaterial that—(a)the demand or threat is made in a way ordinarily used to
inform the public rather than a particular person; or(b)the threat does not specify the detriment to be caused; or(c)the threat does not specify the person to whom thedetriment is to be caused or specifies this in a generalway; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 287

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 38 Stealing with violence—extortion by threats[s 417A]

Example—a threat to cause a detriment to the public or any members of the
public(d)

the detriment is to be caused by someone other than the
demander.

(3) A reference to making a demand includes causing someone toreceive a demand.
(4) A reference to a threat to cause a detriment to any person
other than the demander includes a statement that gives rise toa threat of detriment to the other person.
(5) A prosecution for an offence in which it is intended to rely ona circumstance of aggravation mentioned in paragraph (a) or(b) of the penalty can not be commenced without the consent
of the Attorney-General.
(5A) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(6) In this section—
threat includes a statement that may reasonably be interpreted
as a threat.
417A Taking control of aircraft(1) Any person who unlawfully either directly or indirectly takes
or exercises control of any aircraft is guilty of a crime and isliable to imprisonment for 7 years.
(2) If another person not being an accomplice of the offender ison board the aircraft the offender is liable to imprisonment for
14 years.
(3) If the offender at or immediately before or immediately after
the time of taking or exercising such control uses or threatens
to use actual violence to any person or property in order totake or exercise control of the aircraft or to prevent orovercome resistance to such control being taken or exercised
Page 288

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 39 Burglary—housebreaking—and like offences[s 418]or is armed with any dangerous or offensive weapon or
instrument or is in company with one or more other person or
persons or takes or exercises such control by any fraudulent
representation trick device or other means the offender isliable to imprisonment for life.

Chapter 39

418

Burglary—housebreaking—andlike offences

Definitions(1) A person who breaks any part, whether external or internal, ofa dwelling or any premises, or opens, by unlocking, pulling,pushing, lifting, or any other means whatever, any door,
window, shutter, cellar, flap, or other thing, intended to closeor cover an opening in a dwelling or any premises, or an
opening giving passage from one part of a dwelling or any
premises to another, is said to break the dwelling or premises.
(2) A person is said to enter a dwelling or premises as soon as any
part of the person’s body or any part of any instrument usedby the person is within the dwelling or premises.
(3) A person who obtains entrance into a dwelling or premises bymeans of any threat or artifice used for that purpose, or bycollusion with any person in the dwelling or premises, or who
enters any chimney or other aperture of the dwelling or
premises permanently left open for any necessary purpose, but
not intended to be ordinarily used as a means of entrance, isdeemed to have broken and entered the dwelling or premises.
(4) In this chapter—
premises includes—(a)a building or structure and a part of a building or
structure other than a dwelling; and(b)a tent, caravan, or vehicle; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 289

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 39 Burglary—housebreaking—and like offences[s 419](c)419

any similar place.

Burglary(1) Any person who enters or is in the dwelling of another withintent to commit an indictable offence in the dwellingcommits a crime.
Maximum penalty—14 years imprisonment.
(2) If the offender enters the dwelling by means of any break, heor she is liable to imprisonment for life.
(3) If—(a)the offence is committed in the night; or(b)the offender—(i)

uses or threatens to use actual violence; or(ii) is or pretends to be armed with a dangerous or
offensive weapon, instrument or noxious
substance; or(iii) is in company with 1 or more persons; or(iv) damages, or threatens or attempts to damage, any
property;
the offender is liable to imprisonment for life.
(4) If the offender publishes material on a social media platform
or an online social network to—(a)advertise the offender’s involvement in the offence; or(b)advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 16 years.
(5) Any person who enters or is in the dwelling of another andcommits an indictable offence in the dwelling commits acrime.
Maximum penalty—imprisonment for life.

Page 290

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 39 Burglary—housebreaking—and like offences[s 421](6) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(7) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(8) In this section—
advertise means attract the notice and attention of the public
or a limited section of the public.
material includes an electronic document.
421

Entering or being in premises and committing indictableoffences(1) Any person who enters or is in any premises with intent tocommit an indictable offence in the premises commits acrime.
Maximum penalty—10 years imprisonment.
(2) Any person who enters or is in any premises and commits anindictable offence in the premises commits a crime.
Maximum penalty—14 years imprisonment.
(3) If the offender gains entry to the premises by any break andcommits an indictable offence in the premises, he or she isliable to imprisonment for life.
425

Possession of things used in connection with unlawful
entry(1) Any person who is found under any of the circumstances
following, that is to say—(a)being armed with any dangerous or offensive weapon or
instrument, or a noxious substance, and being so armed

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 291

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 39 Burglary—housebreaking—and like offences[s 427]

with intent to break or enter a dwelling or premises, andto commit an indictable offence therein;(b)having in his or her possession anything intended for use
in or in connection with the commission of an offence
defined in section 419 or 421;(c)having in the person’s possession by night without
lawful excuse, the proof of which lies on the person, any
instrument of housebreaking;(d)having in the person’s possession by day any such
instrument with intent to commit an indictable offence;(e)having his or her face masked or blackened or being
otherwise disguised, with intent to commit an indictableoffence;is guilty of a crime, and is liable to imprisonment for 3 years.
(2) If the offender has been previously convicted of a crime
relating to property, the offender is liable to imprisonment for
7 years.
427

Unlawful entry of vehicle for committing indictableoffence(1) A person who unlawfully enters another person’s vehicle withintent to commit an indictable offence commits a crime.
Maximum penalty—10 years imprisonment.
(2) If—(a)the offence is committed in the night; or(b)the offender—(i)

uses or threatens to use actual violence; or(ii) is or pretends to be armed with a dangerous or
offensive weapon, instrument or noxious
substance; or(iii) is in company with 1 or more persons; orPage 292

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 40 Other fraudulent practices[s 427A](iv) damages, or threatens or attempts to damage, any
property;
the offender is liable to imprisonment for 14 years.
(3) If—(a)the vehicle is an emergency vehicle; and(b)the offender knows, or ought reasonably to know, thevehicle is an emergency vehicle;

the offender is liable to imprisonment for 14 years.

Chapter 40

Other fraudulent practices

427A Obtaining property by passing valueless cheques(1) Any person who—(a)obtains from any other person any chattel, money,
valuable security, credit, benefit or advantage by passing
a cheque that is not paid on presentation for payment; or(b)passes a cheque in the discharge or attempted dischargeof any debt, liability or obligation, which cheque is not
paid on presentation for payment;

is guilty of a misdemeanour and is liable to imprisonment for
2 years.
(2) It is a defence to a charge of an offence defined in this section
to prove that the accused person—(a)

had reasonable grounds for believing that the chequewould be paid in full on presentation for payment; and(b)

had no intent to defraud.

(3) The fact that at the time when the cheque was passed there
were some funds to the credit of the account on which theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 293

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 40 Other fraudulent practices[s 430]cheque was drawn is not of itself a defence to a charge of an
offence defined in this section.
430

Fraudulent falsification of records

Any person who with intent to defraud—(a)makes a false entry in any record; or(b)omits to make an entry in any record; or(c)gives any certificate or information that is false in amaterial particular; or(d)in any way falsifies, destroys, alters or damages any
record; or(e)produces or makes use of any record the person knows
is false in a material particular;commits a crime.
Maximum penalty—10 years imprisonment.
431

False accounting by public officer

Any person who, being an officer charged with the receipt,
custody, or management of any part of the public revenue orproperty, knowingly furnishes any false statement or return of
any money or property received by the person or entrusted tothe person’s care, or of any balance of money or property inthe person’s possession or under the person’s control, is guilty
of a misdemeanour, and is liable to imprisonment for 2 years.

Page 294

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 41 Receiving property stolen or fraudulently obtained and like offences[s 432]

Chapter 41

432

Receiving property stolen or
fraudulently obtained and like
offences

What is tainted property for ch 41(1) In this chapter—tainted property means—(a)a thing that has been obtained by way of an act
constituting an indictable offence; or(b)

if tainted property mentioned in paragraph (a) isconverted into other property—any of the otherproperty; or(c)

if tainted property mentioned in paragraph (a) ismortgaged, pledged or exchanged for otherproperty—any of the proceeds of the mortgage, pledge,
or exchange.

(2) However, a thing stops being tainted property after a person
acquires a lawful title to it.
433

Receiving tainted property(1) A person who receives tainted property, and has reason tobelieve it is tainted property, commits a crime.
Maximum penalty—(a)if the property was obtained by way of an act
constituting a crime—14 years imprisonment; or(b)

if the property is a firearm or ammunition—14 years
imprisonment; or(c)if the offender received the property while acting as apawnbroker or dealer in second hand goods, under alicence or otherwise—14 years imprisonment; or(d)otherwise—7 years imprisonment.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 295

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 435](1A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against
this section.
(1B) An indictment charging an offence against this section withthe circumstance of aggravation stated in the Penalties andSentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(2) For the purpose of proving the receiving of anything it issufficient to show that the accused person has, either alone or
jointly with some other person, had the thing in his or her
possession, or has aided in concealing it or disposing of it.
435

Taking reward for recovery of property obtained by way
of indictable offences

If—
(a)

a thing is obtained by way of any act constituting an
indictable offence; and(b)a person dishonestly receives, or dishonestly agrees toreceive, any benefit on an agreement or understandingthat the person will help anyone to recover the thing;

then, unless the person has used all due diligence to cause theoffender to be brought to trial for the offence, the person
commits a crime.
Maximum penalty—7 years imprisonment.

Chapter 42A

Secret commissions

442A Definitions(1) In this chapter—

Page 296

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442A]

advice given or words to the like effect includes every report,
certificate, statement, and suggestion intended to influence theperson to whom the same is made or given, and every
influence deliberately or expressly exercised by one person
over another.
agent includes any corporation, firm, or person acting or
having been acting, or desirous or intending to act, for or on
behalf of any corporation, firm, or person, whether as agent,
partner, co-owner, clerk, servant, employee, banker, broker,
auctioneer, architect, clerk of works, charterer, mastermariner, purser, or any member of the crew of a vessel,engineer, barrister, solicitor, legal practitioner, conveyancer,
surveyor, buyer, salesperson, supervisor, trustee, official
assignee, executor, administrator, liquidator, trustee inbankruptcy or of a deed of assignment, receiver, director,
manager, or other officer or member of the committee orgoverning body of any corporation, club, partnership, or
association, or in any other capacity, either alone or jointlywith any other corporation, firm, or person, and whether in the
person’s own name or in the name of the person’s principal orotherwise, and also includes a Minister of the Crown, and aperson serving under the Crown or a Minister of the Crown, or
corporation representing the Crown, and a person serving
under any local government, harbour board, water authority,or any other local or public body constituted by or under any
Act.
contract includes contract of sale or of employment, or any
other contract whatever including an order for any
commodity.
court means the Supreme Court or a judge thereof, ormagistrate or justices having jurisdiction with respect to an
offence against this chapter.
in relation to his or her principal’s affairs or business
implies the additional words ‘whether within the scope of hisor her authority or course of his or her employment as agent ornot’.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 297

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442A]

person having business relations with the principal includes
the Crown, a Minister of the Crown, or corporation
representing the Crown, or any local government, harbour
board, water authority, or any other local or public body
constituted by or under any Act; also every corporation, firm,or other person, whether as principal or agent, carrying on or
having carried on or desirous or intending to carry on any
negotiation or business with any principal, or engaged orinterested or having been engaged or interested in theperformance of any contract with or in the execution of any
work or business for or in the supply of any goods or chattels
to any principal; and also includes any agent or employee of
the Crown, a Minister of the Crown, or corporation
representing the Crown, or of any local government, harbour
board, water authority, or any other local or public body
constituted by or under any Act, or of any such corporation,
firm, or other person.
principal includes a corporation, firm, or other person for oron behalf of whom the agent acts, has acted, or is desirous orintending to act; the term also includes the Crown, a Ministerof the Crown, or corporation representing the Crown, or any
local government, harbour board, water authority, or any otherlocal or public body constituted by or under any Act for or on
behalf of whom the agent acts, has acted, or is desirous orintending to act.
solicit any valuable consideration and valuable
consideration solicited, and words to the like effect, shall be
construed with the following directions, namely, that every
agent who diverts, obstructs, gives untruthful reports, orinterferes with the proper course of business or manufacture,or impedes or obstructs, or fails to use due diligence in theprosecution of any negotiation or business with the intent toobtain the gift of any valuable consideration from any otherperson interested in the said negotiation or business, or withintent to injure any such person, shall be deemed to havesolicited a valuable consideration from a person having
business relations with the principal of such agent.
Page 298

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442B]

trustee includes the public trustee, an executor, administrator,
liquidator, official assignee, or trustee in bankruptcy, receiver,administrator appointed under the Guardianship andAdministration Act 2000, person having power to appoint a
trustee, or person entitled to obtain probate of the will or
letters of administration to the estate of a deceased person, or
any other person occupying a fiduciary position.
valuable consideration includes any real or personal
property; also money, loan, office, place, employment,
agreement to give employment, benefit, or advantage
whatsoever, and any commission or rebate, payment in excessof actual value of the goods or service, deduction or
percentage, bonus or discount, or any forbearance to demand
any moneys or moneys’ worth or valuable thing; also somedetriment, loss or responsibility given, suffered, or taken, or
the refraining from carrying out or doing something which
lawfully should be done; and the acceptance of any of the said
things shall be deemed the receipt of a valuable consideration.
The offer of any valuable consideration includes any offer of
any agreement or promise to give, and every holding out of
any expectation of valuable consideration.
The receipt of any valuable consideration includes any
acceptance of any agreement, promise, or offer to give, or ofany holding out of any expectation of valuable consideration.
Prohibition of indirect acts
(2) Any act or thing prohibited by this chapter is prohibited
whether done directly or indirectly by the person mentioned
or by or through any other person.
442B Receipt or solicitation of secret commission by an agent

Any agent who corruptly receives or solicits from any person
for himself or herself or for any other person any valuable
consideration—(a)as an inducement or reward for or otherwise on accountof doing or forbearing to do, or having done or forborne

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 299

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442BA]

to do, any act in relation to his or her principal’s affairs
or business; or(b)

the receipt or any expectation of which would in any
way tend to influence the agent to show, or to forbear toshow, favour or disfavour to any person in relation to his
or her principal’s affairs or business;

commits a crime.
442BA Gift or offer of secret commission to an agent

Any person who corruptly gives or offers to any agent any
valuable consideration—(a)as an inducement or reward for or otherwise on accountof the agent doing or forbearing to do, or having done orforborne to do, any act in relation to his or her
principal’s affairs or business; or(b)

the receipt or any expectation of which would in any
way tend to influence the agent to show, or to forbear toshow, favour or disfavour to any person in relation to his
or her principal’s affairs or business;

commits a crime.
442C Secret gifts received by parent, spouse, child, partner
etc. of agent(1) Any valuable consideration received or solicited by any
parent, spouse, or child of any agent, or by his or her partner,
clerk, or employee, from any person having business relations
with the principal of such agent, shall be deemed to have been
received or solicited by the agent unless it be proved that thevaluable consideration was so received or solicited without
the consent, knowledge, or privity of the agent.
Secret gifts to parent, spouse, child, partner etc. of agent(2) Any valuable consideration—

Page 300

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442D](a)given or offered to any parent, spouse, or child of any
agent, or to his or her partner, clerk, or employee, and sogiven or offered with the consent, knowledge, or privityof the agent; or(b)given or offered, at the agent’s request, to any person by
any person having business relations with the principalof such agent;

shall be deemed to have been given or offered to the agent.
442D False or misleading receipt or accountAny person who with intent to deceive or defraud theprincipal gives to any agent, or any agent who receives or uses
or gives to the principal any receipt, invoice, account, or
document in respect of which or in relation to a dealingtransaction or matter in which the principal is interested, andwhich—(a)contains any statement which is false or erroneous ordefective in any important particular, or contains anovercharge or is in any way likely to mislead theprincipal; or(b)omits to state explicitly and fully the fact of any
commission, percentage, bonus, discount, rebate,
repayment, gratuity, or deduction having been made,given, or allowed, or agreed to be made, given, or
allowed;commits a crime.
442E Secret commission for advice given

Whenever any advice is given by one person to another, andsuch advice is in any way intended or likely to induce or
influence the person advised—(a)to enter into a contract with any third person; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 301

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442EA](b)

to appoint or join with another in the appointment, or tovote for or to aid in obtaining the election or
appointment, or to authorise or join with another inauthorising the appointment of any third person astrustee, director, manager, or official;

and any valuable consideration is, without the assent of theperson advised, given by such third person to the person
giving the advice, the gift or receipt of the valuable
consideration is a crime; but this subsection shall not apply
when the person giving the advice was, to the knowledge ofthe person advised, the agent of such third person, or when thevaluable consideration was not given in respect of suchadvice.
442EA Offer or solicitation of secret commission in return foradvice given or to be given

Any offer or solicitation of a valuable consideration in respectof any advice given, or to be given, by one person to anotherwith a view to induce or influence the person advised—(a)to enter into a contract with the person offering or
solicited; or(b)

to appoint or join with another in appointing, or to votefor or to aid in obtaining the election or appointment, or
to authorise or join with another in authorising theappointment of the person offering or solicited astrustee, director, manager, or official;

and with the intent that the gift or receipt of such valuable
consideration is not to be made known to the person advised,
is a crime; but this subsection shall not apply when such firstmentioned person is the agent of the person offering or
solicited.

Page 302

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442F]

442F

Secret commission to trustee in return for substituted
appointment

Any person who offers or gives any valuable consideration toa trustee, or any trustee who receives or solicits any valuable
consideration for himself or herself or for any other person,
without the assent of the persons beneficially entitled to theestate or of a judge of the Supreme Court, as an inducement or
reward for appointing or having appointed, or for joining or
having joined with another in appointing, or for authorising or
having authorised, or for joining or having joined with anotherin authorising, any person to be appointed in the person’s
stead or instead of the person and any other person as trustee,commits a crime.
442G Liability of director etc. acting without authority

Any director, manager, or officer of a company, or any officer
or member of the crew of any vessel, or any person acting foranother, who knowingly takes part in or is in any way privy to
doing, or attempts to do, any act or thing without authority
which, if authorised, would be in contravention of any of theprovisions of this chapter, commits a crime.
442I

Penalty on conviction

Any person guilty of a crime against any of the provisions of
this chapter is—(a)liable, if a corporation, to a penalty of 3,400 penalty
units, and if an individual, to 7 years imprisonment; and(b)in addition, liable to be ordered to pay to such person
and in such manner as the court directs the amount orvalue, according to the estimation of the court, of any
valuable consideration received or given by the person,or any part thereof, and such order shall be enforceable
in the same manner as an order of the court.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 303

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 42A Secret commissions[s 442J]

442J

Court may order withdrawal of trifling or technical cases

If in any prosecution under this chapter it appears to the courtthat the offence charged is, in the particular case, of a triflingor merely technical nature, or that in the particular
circumstances it is inexpedient to proceed to a conviction, thecourt may in its discretion, and for reason stated on theapplication of the accused, dismiss the case; but the court
may, if it thinks fit, make the order mentioned in section 442I.
442K Witness giving answers criminating himself or herself(1) A person who is called as a witness in any proceeding under
this chapter shall not be excused from answering any question
relating to any offence against this chapter on the ground thatthe answer thereto may criminate or tend to criminate theperson.
(2) An answer to a question in any such proceeding shall not,except in the said proceeding or in the case of any prosecution
for perjury in respect of such answer, be in any proceeding,civil or criminal, admissible in evidence against the person so
answering.
442L

Certificate to witness(1) A witness in any proceeding under this chapter who, in the
judgment of the court, answers truly all questions which thewitness is required by the court to answer shall be entitled toreceive a certificate from the court stating that such witness
has so answered.
Stay of proceedings against such witness(2) When a person has received a certificate as aforesaid, and any
criminal proceeding is at any time instituted against theperson in respect of the offence which was in question in theproceeding in which the said person was called as a witness,the court having cognisance of the case shall, on proof of thecertificate and of the identity of the offence in question in the
2 cases, stay the proceedings.
Page 304

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 442M]

442M Custom of itself no defence(1) In any prosecution under this chapter it does not amount to a
defence to show that the receiving, soliciting, giving, oroffering of any valuable consideration therein mentioned orreferred to is customary in any trade, business, or calling.
Burden of proof that gift not secret commission(2) If in any prosecution under this chapter it is proved that any
valuable consideration has been received or solicited by anagent from or given or offered to an agent by any person
having business relations with the principal, without theassent of the principal, the burden of proving that suchvaluable consideration was not received, solicited, given, oroffered in contravention of any of the provisions of thischapter shall be on the accused.
Consent to prosecution(3) No prosecution under this chapter shall be commenced
without the consent of a Crown Law Officer.

Chapter 43
443

Match-fixing

Definitions for ch 43

In this chapter—bet or make a bet includes—(a)place, change, accept or withdraw a bet; and(b)cause a bet to be placed, changed, accepted orwithdrawn.

encourage includes ask, counsel, incite, induce, persuade,pressure (by threats or otherwise), procure or urge.
match-fixing arrangement, in relation to a sporting event or
sporting contingency, means an agreement between 2 or more
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 305

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443A]

persons relating to any person engaging in match-fixing
conduct in relation to the event or contingency for the purposeof—(a)obtaining a pecuniary benefit for any person; or(b)causing a pecuniary detriment to any person.

match-fixing conduct, in relation to a sporting event or thehappening of a sporting contingency, means conduct that—(a)affects, or if engaged in could reasonably be expected toaffect, the outcome of the event or the happening of thecontingency; and(b)is contrary to the standards of integrity that an ordinary
person would reasonably expect of persons in a position
to affect or influence the outcome of the event or thehappening of the contingency.

sporting contingency means a contingency—(a)associated with a sporting event; and(b)on the happening of which a person may make a bet
under a law of the Commonwealth or a State.

sporting event means a sporting competition or activity,
whether taking place in Queensland or elsewhere, on theoutcome of which a person may make a bet under a law of theCommonwealth or a State.
443A Engaging in match-fixing conduct(1) A person who engages in match-fixing conduct in relation to asporting event or the happening of a sporting contingency forthe purpose of—(a)obtaining or receiving a pecuniary benefit for any
person; or(b)causing a pecuniary detriment to another person;

commits a crime.
Maximum penalty—10 years imprisonment.
Page 306

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443B](2) For subsection (1), it does not matter whether any person—(a)obtains or receives a pecuniary benefit; or(b)causes or suffers a pecuniary detriment.

443B Facilitating match-fixing conduct or match-fixing
arrangement(1) A person who facilitates match-fixing conduct or amatch-fixing arrangement in relation to a sporting event or thehappening of a sporting contingency for the purpose of—(a)obtaining or receiving a pecuniary benefit for any
person; or(b)causing a pecuniary detriment to any person;

commits a crime.
Maximum penalty—10 years imprisonment.
(2) For subsection (1), a person facilitates match-fixing conduct
or a match-fixing arrangement if the person agrees or offers
to—(a)engage in the match-fixing conduct; or(b)participate in the match-fixing arrangement; or(c)encourage another person to—(i)engage in the match-fixing conduct; or(ii) participate in the match-fixing arrangement.
(3) For subsection (1), it does not matter whether any person—(a)engages in the match-fixing conduct; or(b)obtains or receives a pecuniary benefit; or(c)causes or suffers a pecuniary detriment.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 307

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443C]

443C Offering or giving benefit, or causing or threatening
detriment, to engage in match-fixing conduct ormatch-fixing arrangement(1) A person who, as an inducement for any person to engage in,or to procure any other person to engage in, match-fixing
conduct or participate in a match-fixing arrangement inrelation to a sporting event or the happening of a sporting
contingency—(a)offers or gives any person a pecuniary benefit; or(b)causes, or offers or threatens to cause, a pecuniary
detriment to any person;

commits a crime.
Maximum penalty—10 years imprisonment.
(2) For subsection (1), it does not matter whether any person
engages in the match-fixing conduct.
443D Using or disclosing knowledge of match-fixing conduct
or match-fixing arrangement for betting(1) A person who has knowledge of match-fixing conduct or amatch-fixing arrangement in relation to a sporting event or
sporting contingency and—(a)makes a relevant bet in relation to the event orcontingency; or(b)encourages another person to make a relevant bet inrelation to the event or contingency; or(c)discloses the knowledge to another person who the first
person knows, or ought reasonably to know, would be
likely to make a relevant bet in relation to the event orcontingency;

commits a crime.
Maximum penalty—10 years imprisonment.

Page 308

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443E](2) For subsection (1)(b) or (c), it does not matter whether aperson mentioned in that paragraph makes a relevant bet inrelation to the event or contingency.
(3) In this section—
relevant bet, in relation to a sporting event or a sporting
contingency, means a bet on the outcome of the event or thehappening of the sporting contingency on behalf of any
person.
443E Encouraging person not to disclose match-fixing
conduct or match-fixing arrangement(1) A person who—(a)encourages another person to conceal any information
about match-fixing conduct or a match-fixing
arrangement in relation to a sporting event or thehappening of a sporting contingency from any of thefollowing—(i)a law enforcement agency;(ii) a law enforcement officer;(iii) the chief executive of the department in which the
Wagering Act 1998 is administered;(iv) a responsible entity for the sporting event; and(b)for encouraging the other person to conceal theinformation mentioned in subsection (1)(a)—(i)

receives or obtains, or offers to receive or obtain, apecuniary benefit from any person; or(ii) gives, or offers to give, a pecuniary benefit to any
person; or(iii) causes, or offers, threatens or agrees to cause, apecuniary detriment to any person;
commits a crime.
Maximum penalty—10 years imprisonment.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 309

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443F](2) In this section—
responsible entity, for a sporting event, means an entity
responsible for the administration, conduct or management of
the event.
443F

Using or disclosing inside knowledge for betting(1) For this section, information or knowledge that a person has
about a sporting event or sporting contingency is insideknowledge if—(a)a person possesses the information or knowledge
because the person—(i)is or was involved in, or connected to, the conduct,
management or organisation of the sporting eventor any part of the event; or(ii) has or had a connection to an entity that is, or willbe, a participant in the sporting event or any part ofthe event; and(b)

the information or knowledge is not publicly available
information; and(c)if the information or knowledge were publicly available
information, would, or would be likely to, influence
persons betting on the event or contingency in deciding
whether to bet on the event or contingency; and(d)use of the information by the person to make a relevant
bet would be contrary to the standards of integrity thatan ordinary person would reasonably expect of persons
in possession of the knowledge or information.

(2) A person who has inside knowledge in relation to a sporting
event or sporting contingency and—

Page 310(a)

makes a relevant bet in relation to the event orcontingency; or(b)encourages another person to make a relevant bet inrelation to the event or contingency;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 43 Match-fixing[s 443F]

commits a crime.
Maximum penalty—2 years imprisonment.
(3) A person who—(a)

has inside knowledge in relation to a sporting event or
sporting contingency; and(b)discloses the inside knowledge to another person for the
purpose of the other person making a relevant bet inrelation to the event or contingency;

commits a crime.
Maximum penalty—2 years imprisonment.
(4) A person who—(a)receives information in relation to a sporting event or
sporting contingency from another person; and(b)knows, or ought reasonably to know, the information is
inside knowledge in relation to the event or contingency;
and

(c)

after receiving the inside knowledge—(i)makes a relevant bet in relation to the event orcontingency; or(ii) encourages another person to make a relevant bet
in relation to the event or contingency;
commits a crime.
Maximum penalty—2 years imprisonment.
(5) For subsection (2)(b), (3)(b) or (4)(c)(ii), it does not matter
whether a person mentioned in that provision makes a relevant
bet in relation to the event or contingency.
(6) In this section—
publicly available information means information that—(a)is readily available to the public; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 311

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44 Offences analogous to stealing relating to animals[s 443G](b)

has been made known in a manner that would, or would
be likely to, bring it to the attention of the public; or(c)consists of deductions, conclusions or inferences madeor drawn from information mentioned in paragraph (a)or (b).

relevant bet, in relation to a sporting event or a sporting
contingency, means a bet on the outcome of the event or thehappening of the sporting contingency on behalf of any
person.
443G Evidentiary provision

For a proceeding for an offence under this chapter, it does notmatter whether any person is successful in affecting theoutcome of the sporting event or the happening of the sporting
contingency.

Chapter 44

Offences analogous to stealing
relating to animals

Chapter division 1

Offences relating to animals
generally

444A Killing animals with intent to steal(1) Any person who kills any animal capable of being stolen withintent to steal the skin or carcass, or any part of the skin or
carcass, is guilty of a crime, and is liable to the same
punishment as if the person had stolen the animal.
(2) If the offender is sentenced to pay a fine in addition to, or
instead of, imprisonment, the fine shall be not less than 10
penalty units or, where in respect of the animal in question avalue is determined in accordance with the provisions of the
Page 312

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44 Offences analogous to stealing relating to animals[s 444B]

regulations made pursuant to section 450F, not less than thatvalue, whichever is the higher amount, for every animal
killed.
(3) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
444B Using registered brands with criminal intention(1) Any person who, with intent to facilitate the commission of acrime, brands or marks any animal with a registered brand or
registered mark without the permission of the owner of thebrand or mark is guilty of a misdemeanour, and is liable toimprisonment for 5 years.
(2) If the offender is sentenced to pay a fine in addition to, or
instead of, imprisonment, the fine shall be not less than 4penalty units or, where in respect of the animal in question avalue is determined in accordance with the provisions of theregulations made pursuant to section 450F, not less than thatvalue, whichever is the higher amount, for every animalbranded or marked.
(3) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.

Chapter division 2
445

Offences relating to stock

Unlawfully using stock(1) Any person who unlawfully uses an animal that is stock,
without the consent of the person in lawful possession thereof,is guilty of a misdemeanour and is liable to imprisonment for
5 years, or to a fine of not less than 4 penalty units or, where in
respect of the animal in question a value is determined inaccordance with the provisions of the regulations madepursuant to section 450F, of not less than that value,
whichever is the higher amount, for every animal so used.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 313

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44 Offences analogous to stealing relating to animals[s 446](2) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
(3) Without in any wise limiting the meaning of the term
unlawfully uses, such term shall, for the purposes of thissection, also mean and include the unlawful possession, by
any person, of any animal that is stock, without the consent of
the person in lawful possession thereof, and with intent todeprive the owner or person in lawful possession thereof of
the use and/or possession of the animal, either temporarily or
permanently.
(4) It is a defence to a charge of an offence defined in this section
to prove that the accused person had the lawful consent of theowner to the use or possession by the person of the animal inquestion.
446

Suspicion of stealing stock(1) When any animal that is stock is suspected, on reasonablegrounds, to have been stolen, any person in whose possession
or custody the animal or the skin or carcass, or any part of theskin or carcass, of the animal so suspected to have beenstolen, is found, is guilty of a misdemeanour, unless the
person proves that the person came lawfully by the thing inquestion; and the person is liable to imprisonment for 5 years
or to a fine of not less than 4 penalty units or, where in respectof the animal in question a value is determined in accordancewith the provisions of the regulations made pursuant tosection 450F, of not less than that value, whichever is thehigher amount, for every animal or skin or carcass or part ofskin or carcass so found.
(2) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
(3) It is a defence to a charge of the offence defined in this section
to prove that the accused person came lawfully by the thing inquestion.

Page 314

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44 Offences analogous to stealing relating to animals[s 447]447

Illegal branding(1) Any person who, knowing that the person is not the owner ofan animal that is stock, brands or marks it, or knowingly
permits it to be branded or marked, with the person’s
registered brand or the person’s registered mark, is guilty of amisdemeanour, and is liable to imprisonment for 5 years or toa fine of not less than 4 penalty units or, where in respect of
the animal in question a value is determined in accordancewith the provisions of the regulations made pursuant tosection 450F, of not less than that value, whichever is thehigher amount, for every animal so branded or marked.
(2) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
448

Defacing brands(1) Any person who—(a)alters, defaces, or otherwise renders undistinguishable,
any registered brand or registered mark on an animal
that is stock; or(b)knowingly permits any such act to be done by any
person over whom the person has control;is guilty of a misdemeanour, and is liable to imprisonment for
5 years or to a fine of not less than 4 penalty units or, where in
respect of the animal in question a value is determined inaccordance with the provisions of the regulations madepursuant to section 450F, of not less than that value,
whichever is the higher amount, for every animal with respect
to which the act is done.
(2) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
448A Having in possession stock with defaced brand(1) Any person in whose possession or custody any animal that isstock on which any registered brand or registered mark has
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 315

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44 Offences analogous to stealing relating to animals[s 450A]

been
altered,defaced,orotherwise
rendered
indistinguishable, or reasonably suspected to have beenaltered, defaced, or otherwise rendered indistinguishable, isfound, is guilty of a misdemeanour, unless the person provesthat the person came lawfully by the animal in question; andthe person is liable to imprisonment for 5 years or to a fine of
not less than 4 penalty units or, where in respect of the animalin question a value is determined in accordance with theprovisions of the regulations made pursuant to section 450F,
of not less than that value, whichever is the higher amount, forevery animal so found.
(2) However, the fine imposed in respect of the offence shall not
exceed 455 penalty units.
(3) It is a defence to a charge of the offence defined in this section
to prove that the accused person came lawfully by the animalin question.

Chapter division 3

Arrest450A Arrest without warrant

A person found committing any of the offences defined inchapter division 2 may be arrested without warrant by theowner of the property in question or the owner’s servant or by
any person authorised by such owner or servant.
450B Warrant in first instance

A justice may issue a warrant in the first instance for the arrestof any person charged with any of the offences defined inchapter division 2.

Page 316

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450D]

Chapter 44ASpecial provisions in respect ofoffences relating to stock

Chapter division 1

Preliminary

450D Definitions for ch 44A

In this chapter—
adequate prescribed record, of an animal, means a prescribedrecord that is a true representation of the animal.
animal means any animal that is stock.
prescribed record, of an animal, means a record of the animal(including of any brands, permitted brand imprinting
positions, ear marks, or tags on the animal) consisting ofphotographs, tapes, films, digital imagery or any other meansof visual reproduction (or any combination of them).
stock disposal order see section 450EB(1).

Chapter division 2

Prescribed records

450E Duty of police officer who seizes an animal connectedwith a charge(1) A police officer who seizes an animal connected with acharge—(a)must as soon as reasonably practicable after the seizure
cause an adequate prescribed record of the animal to be
made; and(b)

if an adequate prescribed record of the animal is caused
to be made by the police officer or is otherwise available
to a police officer, may cause the animal to be returned
to its owner if the defendant does not object to its return.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 317

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EA](2) However, subsection (1)(a) does not apply if an adequate
prescribed record of the animal is already available to a police
officer.
450EA Admissibility of adequate prescribed record(1) An adequate prescribed record of an animal is admissible in aproceeding on the charge in relation to which the prescribedrecord was made by, or made available to, a police officer oron a related charge, as evidence of the matters it depicts,
including any of the following—(a)the existence of the animal when the prescribed record
was made;(b)the condition of the animal at that time;(c)a brand or other mark or feature of identification on the
animal at that time.

(2) Subsection (3) applies if an adequate prescribed record of ananimal connected with a charge and seized by a police officer
is tendered as evidence of matters depicted by the record in aproceeding on the charge or a related charge.
(3) No objection can be taken or allowed to the admission as
evidence of matters depicted by the adequate prescribedrecord.
(4) Subsections (1) and (3) apply in relation to a proceedingwhether it is started before or after the commencement of thissection.
(5) In this section—
related charge, for a charge, means a charge based on thesame act or omission as the act or omission that charge isbased on.

Page 318

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EB]

Chapter division 3

Stock disposal orders

450EB Application for stock disposal order(1) A police officer or Crown prosecutor may apply to the District
Court or a Magistrates Court for an order (a stock disposal
order) for the sale of an animal that is—(a)seized; and(b)connected with a charge that has not finally been
disposed of.

(2) An application for a stock disposal order for an animal may bemade only if—(a)a police officer has caused an adequate prescribedrecord of the animal to be made, or an adequate
prescribed record of the animal is otherwise available toa police officer; and(b)either—(i)the defendant objects to the animal’s return to its
owner; or(ii) all of the following apply—(A)

the defendant has indicated to a police
officer that the defendant does not object tothe animal’s return to its owner;(B)

a police officer has offered the owner the
return of the animal;(C)the owner declined the offer.

(3) However, subsection (2)(b) does not apply if the defendant
and the person claiming ownership of the animal can notreasonably be located.
(4) The applicant must, at least 28 days before the hearing of theapplication, give each person who has a legal or equitableinterest in the animal a copy of the application, unless the
person can not reasonably be located.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 319

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EC](5) Each person who has a legal or equitable interest in the animal
may be a party to the application.
450EC Affidavit to accompany application

An application for a stock disposal order for an animal mustbe accompanied by 1 or more affidavits stating thefollowing—(a)a description of the animal;(b)

the charge with which the animal is connected;(c)the name of the defendant, the police officer or Crown
prosecutor, and the person claiming to own the animal;(d)details of the adequate prescribed record of the animal;(e)the value of the animal as valued under section 450F;(f)

the number of animals connected with the charge;(g)

the date and place of the animal’s seizure;(h)the persons to whom the applicant gave a copy of theapplication under section 450EB(4);(i)

the persons to whom the applicant could not give a copyof the application under section 450EB(4) because theperson could not reasonably be located.

450ED When order may be made if party disputes making oforder

If a party to an application for a stock disposal order for an
animal disputes the making of the order, the court may makethe order only if it is satisfied of the following—

Page 320(a)

section 450EB(2) is satisfied in relation to theapplication;(b)

the applicant gave each person who has a legal or
equitable interest in the animal a copy of the application
as required under section 450EB(4);Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EE](c)

the animal has been valued under section 450F;(d)the animal is not registered breeding stock;(e)

the defendant has had a reasonable time to conduct hisor her own inquiries about the identification and value ofthe animal;(f)there is no good reason for not making the order.

450EE Order if no dispute

If no party to an application for a stock disposal order for an
animal disputes the making of the order, the court may makethe order, unless there is a good reason for not making theorder.
450EF Content of order(1) A stock disposal order for an animal must—(a)identify the animal; and(b)direct the commissioner of the police service to sell theanimal—(i)

by auction at market value; or(ii) in another stated way; and(c)direct that the net proceeds of the sale be paid into thecourt.

(2) Subsection (3) applies if—(a)the defendant is acquitted or convicted of the charge
with which the animal is connected; or(b)the prosecution of the defendant in relation to the charge
with which the animal is connected is discontinued.

(3) The prosecutor or the defendant may apply for, or the court inwhich the charge was heard or to be heard may on its own
initiative make, an order that the net proceeds of the sale be
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 321

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EG]

paid out of the court, in which the proceeds are held, in astated way.
(4) In deciding how the net proceeds of sale are to be paid out of
the court, the court must give priority to any amount owing,
immediately before the sale, to an entity under a security
interest registered for the animal under the Personal Property
Securities Act 2009 (Cwlth).
(5) Payment out of court under an order under subsection (3) isstayed—(a)for 1 month after the making of the order; or(b)

if an appeal against the defendant’s conviction is started,until the end of the appeal.

(6) The appeal court may vary an order made undersubsection (3).
450EG Security for costs of keeping animal(1) Subsection (2) applies if—(a)a party to an application for a stock disposal order for an
animal disputes the making of the order; and(b)

no stock disposal order is made.

(2) The court may order the party to provide security, for the
benefit of the person keeping the animal, for the amount of thecosts decided by the court of keeping the animal for the
relevant period.
(3) In this section—
relevant period means the period—(a)starting on the day the hearing of the application starts;
and

(b)

ending on the later of the following—(i)Page 322

the day judgment is delivered in an appeal relating
to the charge with which the animal is connected;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450EH](ii) the day on which any right to appeal relating to thecharge with which the animal is connected expires.
450EH Clear title to animal for sale under order

A stock disposal order for an animal is sufficient authority forthe commissioner of the police service to convey clear title tothe animal to any buyer under the order.

Chapter division 4

Other provisions

450EI Unavailability of animal at trial(1) An animal connected with a charge and seized by a police
officer is not required to be made available at the defendant’s
trial if an adequate prescribed record of the animal is available
to the prosecutor for the trial.
(2) A defendant’s trial is not unfair merely because an animal isunavailable at trial because it has been—(a)sold under a stock disposal order; or(b)returned to its owner under section 450E(1)(b) after its
seizure.

450EJ Effect of defendant not objecting to animal’s return to its
owner(1) This section applies if a police officer seizes an animal
connected with a charge and the defendant does not object tothe return of the animal to its owner.
(2) In a proceeding on the charge the court can not draw aninference adverse to the defendant from the fact that thedefendant does not object to the animal’s return to its owner.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 323

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450F]

450F

Animal valuers and valuations(1) This section is applicable in every case in which a provision ofthis Code relates the amount of a fine to the value of an animal
determined in accordance with the provisions of theregulations made pursuant to this section.
(2) The chief executive may appoint a person as an animal valuer.
(3) The Governor in Council may make regulations, notinconsistent with the provisions of this Code, for or withrespect to the following—

Page 324(a)terms and conditions of appointment of animal valuers;(b)qualifications, eligibility and experience of persons to beanimal valuers;(c)fees and allowances payable to animal valuers;(d)appointment of animal valuers;(e)valuation of animals by animal valuers;(f)the selection of panels of animal valuers;(g)the constitution and operation of panels, including thenumber of animal valuers constituting a panel;(h)functions and duties of animal valuers;(i)the keeping of a register of animal valuers;(j)method of determination of valuation of animals incases where animals available for inspection and incases where animals not available for inspection and, inthe latter case, use of hides, skins, ears, photographs ortapes, films or any other means of visual reproduction,
books, records and comparable prices for comparable
animals;(k)method of determination of valuation of animals where
animal valuers constituting a panel are not in agreement
as to value;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450H](l)procedures in relation to meetings of panels and makingof valuations of animals in conjunction with court
proceedings and adjournments of proceedings;(m) identification of animals by panels;(n)issue and use of valuation certificates with respect tovaluation of animals;(o)form of valuation certificates;(p)regulating matters and procedures relating to theinitiation of the making of valuations of animals, times
within which valuations are to be made in relation to any
proceedings, adjournments of proceedings in connection
with the making of animal valuations, use of valuation
certificates in proceedings and receipt of valuation
certificates as evidence in proceedings;(q)sufficiency of evidence of value of animals by tender ofvaluation certificates in proceedings until contrary value
is proved, determination of value where contrary value
is so proved, and application of such determined value;(r)facilitation of proof of—(i)

appointments of animal valuers; and(ii) selection of animal valuers to panels; and(iii) signatures of animal valuers;(s)such other matters as may be convenient for theoperation of this section and its application inaccordance with subsection (1) or that may be necessaryor expedient to achieve the objects and purposes withrespect to such operation and application.

450H Licence disqualification where commission of offence
facilitated by licence or use of vehicle(1) Where a person is convicted of an offence under section 242,
398 (where the offence relates to the stealing of an animal),
444A, 444B, 445, 446, 447, 448, 448A or 468 and the court or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 325

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 44A Special provisions in respect of offences relating to stock[s 450I]

magistrate is satisfied that the commission of the offence bythat person was facilitated by the holding by the person of adriver licence or by the use by the person of a motor vehicle,
the court or magistrate may order and direct in addition to any
sentence that may be passed or penalty that may be imposedthat the offender shall, from the date of conviction, bedisqualified absolutely from holding or obtaining a driver
licence to operate a motor vehicle or be so disqualified forsuch period as the court or magistrate shall specify in theorder.
(2) A copy of the order shall be transmitted to the chief executiveof the department in which the Transport Operations (RoadUse Management) Act 1995 is administered by the officer orclerk having custody of the records of the court wherein theconviction was recorded.
(3) In this section—
driver licence includes any driving licence or driving permit
deemed to be equivalent in Queensland to and accepted in lieu
of a driver licence for the purpose of authorising the holder
thereof to drive in Queensland any vehicle of the type or classto the driving of which the driving licence or driving permit isapplicable.
(4) Nothing contained in this section limits the operation of any
other provision of any Act under which the court or magistrateis empowered to do any act or thing in respect of the driving,or the driver licence, of any offender.
450I

Forfeiture in cases of conviction for offences under
specified sections(1) Where a person is convicted of an offence under section 242,
398 (where the offence relates to the stealing of an animal),
444A, 444B, 445, 446, 447, 448, 448A or 468, the court ormagistrate may order to be forfeited to the Sovereign any
vehicle, vessel, animal, equipment or other property or thingused in connection with or to facilitate the commission of theoffence of which the person has been convicted.
Page 326

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 45 Definitions[s 458](2) Anything forfeited to the Sovereign pursuant to this section
shall be dealt with or disposed of in such manner as the
Attorney-General directs.

Division 2

Injuries to property

Chapter 45

Definitions

458

Unlawful acts

(1) An act which causes injury to the property of another, andwhich is done without the owner’s consent, is unlawful unless
it is authorised or justified or excused by law.
(2) For section 469, punishment in special cases, clause 11, thedestruction or damage by a person of property fixed in a
cemetery or at a crematorium is unlawful unless the person isacting—(a)with the owner’s consent; or(b)with the lawful consent of the entity (if any) responsible
for managing and administering the cemetery orcrematorium; or(c)in the reasonable belief that lawful consent mentioned inparagraph (b) has been given.

(3) It is immaterial that the person who does the injury is inpossession of the property injured, or has a partial interest init, or an interest in it as joint or part owner or owner incommon.
(4) A person is not criminally responsible for an injury caused toproperty by the use of such force as is reasonably necessary
for the purpose of defending or protecting himself, herself, or
any other person, or any property, from injury which theperson believes, on reasonable grounds, to be imminent.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 327

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 459]459

Acts done with intent to defraud(1) When an act which causes injury to property, and which
would be otherwise lawful, is done with intent to defraud any
person, it is unlawful.
(2) When an act which causes injury to property is done withintent to defraud any person, it is immaterial that the property
in question is the property of the offender.

Chapter 46
461

Offences

Arson(1) Any person who wilfully and unlawfully sets fire to any of thethings following, that is to say—(a)a building or structure;(b)a motor vehicle, train, aircraft or vessel;(c)

any stack of cultivated vegetable produce, or of mineralor vegetable fuel;(d)a mine, or the workings, fittings, or appliances of amine;

is guilty of a crime, and is liable to imprisonment for life.
(2) It is immaterial whether or not a thing mentioned insubsection (1)(a) or (b) is complete.
462

Endangering particular property by fire

A person who wilfully and unlawfully sets fire to anythingsituated so that a thing mentioned in section 461(1)(a) to (d) islikely to catch fire from it commits a crime.
Maximum penalty—14 years imprisonment.

Page 328

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 463]

463

Setting fire to vegetation

Any person who wilfully and unlawfully sets fire to any of thethings following, that is to say—(a)a crop of cultivated vegetable produce, whether standingor cut;(b)a crop of hay or grass, whether the natural or indigenous
product of the soil or not, and whether under cultivation
or not, and whether standing or cut;(c)any standing trees, saplings, or shrubs, whether
indigenous or cultivated;(d)

any grass, other than grass mentioned in paragraph (b);(e)

any other vegetation;

is guilty of a crime, and is liable to imprisonment for 14 years.
467

Endangering the safe use of vehicles and relatedtransport infrastructure(1) A person who, with intent to prejudice the safe use of avehicle or related transport infrastructure or to injure property
in a vehicle or related transport infrastructure, does anythingthat endangers, or is likely to endanger, the safe use of thevehicle or related transport infrastructure commits a crime.
Maximum penalty—life imprisonment.
(2) In this section—
do anything, for a person who has a duty to do the thing,includes omit to do the thing.
in includes on.
related transport infrastructure includes a road, railway,
runway, station, airport, terminal, wharf, jetty or otherstructure used by a vehicle to travel or by persons using avehicle to travel.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 329

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 468]468

Injuring animals(1) Any person who wilfully and unlawfully kills, maims, orwounds, any animal capable of being stolen is guilty of an
indictable offence.
(2) If the animal in question is stock, the offender is guilty of acrime, and is liable to imprisonment for 7 years.
(3) In any other case the offender is guilty of a misdemeanour,and is liable to imprisonment for 2 years, or, if the offence iscommitted by night, to imprisonment for 3 years.
(4) If the offender (whether guilty of a crime or a misdemeanour)
kills or maims the animal and is sentenced to pay a fine inaddition to, or instead of imprisonment, the fine shall be notless than the prescribed penalty units or, where in respect of
the animal in question a value is determined in accordancewith the provisions of the regulations made pursuant tosection 450F, not less than that value, whichever is the higher
amount, for every animal killed or maimed.
(5) However, the fine imposed in respect of the offence shall not
exceed 500 penalty units.
(6) In this section—prescribed penalty units means—

469

(a)

for stock—10 penalty units; or(b)otherwise—8 penalty units.

Wilful damage(1) Any person who wilfully and unlawfully destroys or damages
any property is guilty of an offence which, unless otherwise
stated, is a misdemeanour, and the person is liable, if no otherpunishment is provided, to imprisonment for 5 years.
(2) If the offender commits the offence with the circumstance ofaggravation stated in section 52B, the offender is liable, if noother punishment is provided, to imprisonment for 7 years.

Page 330

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 1](3) For this section, other than punishment in special cases, clause
11, the destruction or damage of property that is a thingmentioned in section 566(11) is presumed to be done without
the owner’s consent until the contrary is proved.
(4) For this section, punishment in special cases, clause 11, thedestruction or damage of property is, until the contrary is
proved, presumed to be done—(a)without the owner’s consent; and(b)

if the property is fixed in a cemetery or at a
crematorium—(i)

without the lawful consent of the entity (if any)
responsible for managing and administering thecemetery or crematorium; and(ii) not in the reasonable belief that lawful consent
mentioned in subparagraph (i) has been given.
Punishment in special cases
1

Destroying or damaging premises by explosion

If—
(a)

the property in question is premises; and(b)the destruction or damage is caused by an explosion;
and

(c)

either—(i)anyone is in or on the premises when the explosion
happens; or(ii) the destruction or damage actually endangers
anyone’s life;
the offender commits a crime.
Maximum penalty—life imprisonment.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 331

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences
[s 2]

2

Sea walls and other property

If—
(a)

the property in question is—(i)a bank or wall of the sea or inland water; or(ii) a work relating to a port or inland water; and(b)the destruction or damage causes an actual danger ofinundation or of damage to land or a building;the offender commits a crime.
Maximum penalty—life imprisonment.
3

Wills and registers

If the property in question is a testamentary instrument,
whether the testator is living or dead, or a register which isauthorised or required by law to be kept for authenticating or
recording the title to any property, or for recording births,
baptisms, marriages, deaths, or burials, or a copy of any partof any such register which is required by law to be sent to any
public officer, the offender is guilty of a crime, and is liable toimprisonment for 14 years.
4

WrecksIf the property in question is a vessel in distress, or wrecked,
or stranded, or anything which belongs to such a vessel, theoffender is guilty of a crime, and is liable to imprisonment for
7 years.
5

Railways

If the property in question is any part of a railway, or any work
connected with a railway, the offender is guilty of a crime, andis liable to imprisonment for 14 years.

Page 332

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences
[s 6]

6

AircraftIf the property in question is an aircraft or anything whatever
either directly or indirectly connected with the guidancecontrol or operation of an aircraft, the offender is guilty of acrime, and is liable to imprisonment for 14 years.
7

Other things of special value

If—
(a)

the property in question—(i)

is a vessel, whether complete or not; and(ii) is destroyed or rendered useless; or(b)

the property in question—(i)

is a light, beacon, buoy, mark or signal; and(ii) is used for navigation or for the guidance ofsailors; or(c)the property in question is—(i)a bank or wall of the sea or inland water; or(ii) a work relating to a port or inland water; or(d)the property in question—(i)

is a manufacturing or agricultural machine or
another thing used, or intended for use, formanufacture or for performing a process connectedwith the preparation of agricultural produce; and(ii) is destroyed or rendered useless; or(e)the property in question is—(i)a well or bore for water; or(ii) the dam, bank, wall, or floodgate of a millpond orpool;
the offender commits a crime.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 333

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 8]

Maximum penalty—7 years imprisonment.
8

Deeds and records

If the property in question is a document which is deposited or
kept in a public office, or which is evidence of title to any landor estate in land, the offender is guilty of a crime, and is liable
to imprisonment for 7 years.
9

Graffiti(1) If the property in question is in a public place, or is visible
from a public place, and the destruction or damage is causedby—(a)spraying, writing, drawing, marking or otherwise
applying paint or another marking substance; or(b)scratching or etching;

the offender commits a crime and is liable to imprisonment
for 7 years.
(2) The court may—(a)whether or not it imposes any other penalty for theoffence, order the offender to perform community
service under the Penalties and Sentences Act 1992,
part 5, division 2, including for example, removing
graffiti from property; and(b)whether or not it imposes any penalty for the offence,order the offender to pay compensation to any person
under the Penalties and Sentences Act 1992, part 3,
division 4.
Note—Page 334

1

For the requirement for the court to make a graffiti removal
order see the Penalties and Sentences Act 1992, part 5A andthe Youth Justice Act 1992, part 7, division 7A.

2

For the discretion of the court to order the forfeiture of athing used to record, store or transmit an image of, orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 10]

related to, thesection 469AA.

10

commission

of

the

offencesee

Educational institutions(1) If the property in question is part of a school, education
centre, college, university, or another educational institution,
the offender commits a crime and is liable to imprisonment
for 7 years.
(2) The court may—

11

(a)

whether or not it imposes any other penalty for theoffence, order the offender to perform community
service work under the Penalties and Sentences Act
1992, part 5, division 2 including for example, cleaningor repairing any damaged property that is part of an
educational institution; and(b)whether or not it imposes any penalty for the offence,order the offender to pay compensation to any person
under the Penalties and Sentences Act 1992, part 3,
division 4.

Cemeteries etc.

(1) If the property in question is—(a)a grave, vault, niche or memorial in a cemetery or at a
crematorium; or(b)a war memorial; or(c)at a place of religious worship;

the offender commits a crime and is liable to imprisonment
for 7 years.
(2) In this clause—
memorial, in a cemetery or at a crematorium, includes thefollowing—(a)a headstone;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 335

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 12](b)an inscribed plaque or commemorative plate;(c)a monumental, ornamental or other structure;(d)another thing erected or placed—(i)to mark the site where human remains have beenburied or placed; or(ii) to commemorate a deceased person.
12

Emergency vehicles

If—
(a)

the property in question is an emergency vehicle; and(b)the offender knows, or ought reasonably to know, theproperty is an emergency vehicle;

the offender commits a crime.
Maximum penalty—7 years imprisonment.
469AA Forfeiture of thing used to record, store or transmit
image of graffiti(1) This section applies if—(a)a person is convicted, whether on indictment orsummarily, of an offence against section 469 that is
punishable under section 469, item 9; and(b)the person was an adult at the time of the commission of
the offence; and(c)the court is satisfied that a thing owned or possessed by
the person was used to record, store or transmit animage of, or related to, the commission of the offence.
Example of a thing used to record, store or transmit an image—a camera, mobile phone or computer(2) When the court is imposing a sentence on the person for theoffence, the court may order the thing be forfeited to the State.
Page 336

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 469A](3) Subsection (2) applies whether the thing to be forfeited has
been seized or is in its owner’s possession.
(4) The court may also make any order that it considers
appropriate to enforce the forfeiture.
(5) This section does not limit the court’s powers under the
Penalties and Sentences Act 1992, the Criminal Proceeds
Confiscation Act 2002 or another law.
(6) When forfeited to the State, the thing becomes the State’s
property and may be dealt with as directed by the chief
executive.
469A Sabotage and threatening sabotage(1) A person who wilfully and unlawfully destroys or damages apublic facility with intent to cause—(a)major disruption to government functions; or(b)major disruption to the use of services by the public; or(c)major economic loss;

is guilty of a crime.
Maximum penalty—25 years imprisonment.
(2) A person who threatens to commit sabotage is guilty of acrime.
Maximum penalty—14 years imprisonment.
(3) For subsection (2), a person threatens to commit sabotage if—(a)the person threatens to unlawfully destroy or damage apublic facility; and(b)the threat is made with the intention of inducing insomeone else a belief that the threat will be carried out;
and

(c)

if the threat were to be carried out, the threatened
destruction or damage would be likely to cause—(i)major disruption to government functions; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 337

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 469A](ii) major disruption to the use of services by the
public; or(iii) major economic loss.
(4) A person can not be prosecuted for an offence against
subsection (1) or (2) without a Crown Law Officer’s consent.
(5) In this section—
damage, a public facility, includes disrupt the operation or useof the facility.
government entity means—(a)the State; or(b)a State instrumentality, agency, authority or entity; or(c)a corporate entity established by an Act or that is of a
description of a corporate entity provided for by an Act
that, in either case, collects revenues or raises funds
under the authority of an Act; or(d)a government owned corporation; or(e)another State, the Commonwealth, a local government
or a local government of another State; or(f)another entity performing a government function.

government functions means functions of the State, anotherState, the Commonwealth, a local government or a local
government of another State.
public facility means any of the following, whether publicly
or privately owned—(a)premises or another place occupied by a government
entity;(b)a public infrastructure facility, including—(i)infrastructure for a water or sewerage service; and(ii) a facility for supplying energy or fuel to the public;and(iii) a facility for a telecommunication system; andPage 338

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 470](iv) roads, railways, equipment, vehicles and otherinfrastructure for public transport; and(v) other infrastructure for a community service;(c)
470

a public place.

Attempts to destroy property by explosives

Any person who, unlawfully, and with intent to destroy ordamage any property, puts any explosive substance in any
place whatever, is guilty of a crime, and is liable toimprisonment for 14 years.
470A Unlawful dealing with explosive or noxious substances

A person who, in circumstances that may cause injury to aperson or damage to property, wilfully and unlawfully—(a)throws, leaves down, or otherwise deposits an explosive
or noxious substance; or(b)makes, or has possession of, an explosive or noxious
substance;

commits a crime.
Maximum penalty—7 years imprisonment.
471

Damaging mines(1) A person who unlawfully and with intent to damage a mine—(a)damages a mine; orExample—obstructing the working of a mine by running water into themine or into an underground passage leading into the mine(b)interferes with equipment or infrastructure, whether
complete or not, connected or used with a mine;commits a crime.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 339

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 472]

Maximum penalty—7 years imprisonment.
(2) In this section—
damage, a mine, includes obstruct the working of the mine.
equipment
apparatus.

includesmachinery,

appliance,

cable

and

infrastructure means a road, building or other structure.
interfere, with equipment or infrastructure, means
detrimentally interfere with its effective or efficient operation.
472

Interfering with marine signals

Any person who wilfully and unlawfully removes, defaces, orrenders invisible, any light, beacon, buoy, mark, or signal,used for purposes of navigation, or for the guidance of sailors,
or unlawfully attempts to remove, deface, or render invisible,
any such thing, is guilty of a crime, and is liable toimprisonment for 7 years.
473

Interfering with navigation works

Any person who—(a)wilfully and unlawfully removes or disturbs any fixed
object or materials used for securing a bank or wall of
the sea, or of a river, canal, aqueduct, reservoir, or inland
water, or for securing any work which appertains to aport, harbour, dock, canal, aqueduct, reservoir, or inland
water, or which is used for purposes of navigation or
lading or unlading goods; or(b)unlawfully does any act with intent to obstruct thecarrying on, completion, or maintenance, of thenavigation of a navigable river or canal, and thereby
obstructs such carrying on, completion, or maintenance;

is guilty of a crime, and is liable to imprisonment for 7 years.

Page 340

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 46 Offences[s 474]474

Communicating infectious diseases to animals

Any person who wilfully and unlawfully causes, or isconcerned in causing, or attempts to cause, any infectious orcontagious disease to be communicated to or among any
animal or animals capable of being stolen, is guilty of a crime,and is liable to imprisonment for life.
475

Travelling with infected animals

Any person who causes any animal which is infected with aninfectious or contagious disease to travel, or, being the owneror 1 of 2 or more joint owners of any animal which is infectedwith an infectious or contagious disease, permits or connives
at the travelling of any such animal, contrary to the provisionsof any statute relating to infected animals of that kind, isguilty of a crime, and is liable to imprisonment for 7 years.
477

Obstructing railways

Any person who, by any unlawful act, or by any intentionalomission to do any act which it is the person’s duty to do,causes any engine or vehicle in use upon a railway to be
obstructed in its passage on the railway, is guilty of amisdemeanour, and is liable to imprisonment for 2 years.
478

Sending letters threatening to burn or destroy

Any person who, knowing the contents of the document,
causes any person to receive any document threatening thatany building or vessel, whether complete or not, or any stackof cultivated vegetable produce, or any such produce that is inor under a building, shall be burnt or destroyed, is guilty of acrime, and is liable to imprisonment for 7 years.
479

Arrest without warrant

Any person found committing a misdemeanour defined in thischapter may be arrested without warrant by the owner of theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 341

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 48 Forgery in general—definitions[s 484]

property injured or the owner’s employee or a person
authorised by the owner or employee.

Division 3

Forgery and like
offences—personation

Chapter 48

Forgery in general—definitions

484

Definitions

In this division—bank note includes any negotiable instrument issued by or on
behalf of any person or corporation in any part of the world, or
issued by the authority of any state, prince, or government,
and intended to be used as equivalent to money, either
immediately on issue or at any time afterwards, and also
includes a bank bill or bank post bill.
document does not include trademarks on articles ofcommerce.
seal includes any stamp, die, or other thing, of whatevermaterial, from which an impression can be taken by means ofpressure or of ink, or by any other means.

Chapter 49

488

Punishment of forgery and like
offences

Forgery and uttering(1) A person who, with intent to defraud—(a)Page 342

forges a document; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 49 Punishment of forgery and like offences[s 498](b)utters a forged document;

commits a crime.
Maximum penalty—(a)if the document is a valuable security, insurance policy,
testamentary instrument (whether the testator is living ordead) or registration document or is evidence of aninterest in land—14 years imprisonment; or(b)

if the document is a power of attorney, contract or
document kept or issued by lawful authority other than adocument mentioned in paragraph (a)—7 years
imprisonment; or(c)otherwise—3 years imprisonment.

(2) Subsection (1) applies whether or not the document iscomplete and even though it is not, or does not purport to be,binding in law.
(3) In this section—
registration document means a document kept or issued by
the registrar under the Births, Deaths and Marriages
Registration Act 2023 or an equivalent document kept or
issued under a law of another jurisdiction, inside or outside
Australia.
498

Falsifying warrants for money payable under publicauthority

Any person, who, being employed in the public service,knowingly and with intent to defraud makes out or delivers toany person a warrant for the payment of any money payableby public authority for a greater or less amount than that towhich the person on whose behalf the warrant is made out isentitled is guilty of a crime, and is liable to imprisonment for
7 years.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 343

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 49 Punishment of forgery and like offences[s 499]499

Falsification of registers(1) Any person who, having the actual custody of any register orrecord kept by lawful authority, knowingly permits any entry
which, in any material particular, is to the person’s knowledge
false, to be made in the register or record is guilty of a crime,and is liable to imprisonment for 7 years.
(2) The offender can not be arrested without warrant.
500

Sending false certificate of marriage to registrar

Any person who signs or transmits to a person authorised bylaw to register marriages a certificate of marriage, or any
document purporting to be a certificate of marriage, which, in
any material particular, is to the person’s knowledge false, isguilty of a crime, and is liable to imprisonment for 7 years.
501

False statements for the purpose of registers of births,
deaths, and marriages

Any person who knowingly, and with intent to procure thesame to be inserted in a register of births, deaths, ormarriages, makes any false statement touching any matter
required by law to be registered in any such register, is guilty
of a misdemeanour, and is liable to imprisonment for 3 years.
501A Contradictory statements

If, on the trial for a person under section 501, the jury issatisfied—(a)the accused has made 2 statements and 1 isirreconcilably in conflict with the other; and(b)the accused made 1 of the statements knowing it to befalse;

but the jury is unable to say which statement was falsely
made, the jury may make a special finding to that effect andfind the accused guilty of the offence.
Page 344

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 51 Preparation for forgery[s 502]502

Procuring or claiming unauthorised status

Any person who—(a)by any false representation procures any authority
authorised by any statute to issue certificates testifyingthat the holders thereof are entitled to any right or
privilege, or to enjoy any rank or status, to issue tohimself, herself or any other person any such certificate;or(b)falsely represents to any person that the person has
obtained any certificate issued by any such authority; or(c)by any false representation procures himself, herself or
any other person to be registered on any register kept bylawful authority as a person entitled to such a certificate,or as a person entitled to any right or privilege, or to
enjoy any rank or status;

is guilty of a misdemeanour, and is liable to imprisonment for
3 years.

Chapter 51
510

Preparation for forgery

Instruments and materials for forgery

Any person who unlawfully—(a)makes, or starts or prepares to make, a thing with intent
to use it to forge a document; or(b)possesses a thing with intent to use it to forge a
document; or(c)uses a thing to forge a document; or(d)disposes of a thing that has been used to forge a
document;

commits a crime.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 345

Schedule 1 The Criminal CodePart 6 Offences relating to property and contracts
Chapter 52 Personation[s 514]

Maximum penalty—14 years imprisonment.

Chapter 52
514

Personation

Personation in general(1) Any person who, with intent to defraud any person, falsely
represents himself or herself to be some other person, living ordead, real or fictitious, is guilty of an offence which, unlessotherwise stated, is a misdemeanour, and the person is liable
to imprisonment for 3 years.
(2) If the representation is that the offender is a person entitled bywill or operation of law to any specific property, and theperson commits the offence with intent to obtain suchproperty or possession thereof, the person is guilty of a crime,and is liable to imprisonment for 14 years.
515

Falsely acknowledging deeds, recognisances etc.

Any person who, without lawful authority or excuse, the proofof which lies on the person, makes, in the name of any otherperson, before any court or person lawfully authorised to takesuch an acknowledgement, an acknowledgement of liabilityof any kind, or an acknowledgement of a deed or other
instrument, is guilty of a crime, and is liable to imprisonment
for 7 years.

Page 346

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 54 Other offences[s 533]

Division 4

Offences connected with tradeand breach of contract

Chapter 54

Other offences533

Mixing uncertified with certified articles

When a mark has been attached to any article, or a certificate
has been given with respect to any article, under the authorityof any statute, for the purpose of denoting the quality of thearticle, or the fact that it has been examined or approved by orunder the authority of some public body or public officer, any
person who mixes with the article so marked or certified anyother article which has not been so examined or approved, isguilty of a misdemeanour, and is liable to imprisonment for 3
years.

Part 7

Preparation to commit
offences—conspiracy—
accessories after the fact

Chapter 55

Attempts and preparation tocommit offences

535

Attempts to commit indictable offences(1) If a person attempts to commit a crime, the person commits acrime.
(2) If a person attempts to commit a misdemeanour, the person
commits a misdemeanour.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 347

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 55 Attempts and preparation to commit offences[s 536]

536

Punishment of attempts to commit indictable offences(1) A person who attempts to commit an indictable offence
punishable by mandatory life imprisonment is liable, if noother punishment is provided, to life imprisonment.
(2) A person who attempts to commit an indictable offence
punishable by life imprisonment but not mandatory life
imprisonment is liable, if no other punishment is provided, to
14 years imprisonment.
(3) A person who attempts to commit any other indictable offence
is liable, if no other punishment is provided, to a punishment
equal to one-half of the greatest punishment to which an
offender convicted of the offence is liable.
(4) In this section—
mandatory life imprisonment means a penalty of life
imprisonment that can not be mitigated or varied under thisCode or any other law.
538

Reduction of punishment(1) When a person is convicted of attempting to commit anoffence, if it is proved that the person desisted of the person’s
own motion from the further prosecution of the person’s
intention, without its fulfilment being prevented bycircumstances independent of the person’s will, the person isliable to one-half only of the punishment to which the person
would otherwise be liable.
(2) If the punishment to which the person would otherwise beliable for the attempt is imprisonment for life, the greatest
punishment to which the person is liable is imprisonment for
14 years.
539

Attempts to procure commission of criminal acts

(1) Any person who attempts to procure another—(a)Page 348

to do an act or make an omission in Queensland; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 55 Attempts and preparation to commit offences[s 540](b)

to do an act or make an omission outside Queensland;

being an act or omission of such a nature that, if the act weredone or the omission made, an offence would thereby becommitted—(c)in the case referred to in paragraph (a)—under the lawsof Queensland; or(d)in the case referred to in paragraph (b)—under the laws
in force in the place where the act or omission is
proposed to be done or made;whether by himself, herself or by the other person, is guilty of
an offence of the same kind and is liable to the same
punishment as if the person had attempted to do the same act
or make the same omission in Queensland.
(1A) However, in the case referred to in subsection (1)(b), thepunishment can not exceed that which the person would haveincurred under the laws in force where the act or omission was
proposed to be done or made, if the person had attempted to
do the proposed act or make the proposed omission.
(2) Any person who, while out of Queensland, attempts to
procure another to do an act or make an omission in
Queensland of such a nature that, if the person had done theact or made the omission in Queensland, the person would
have been guilty of an offence is guilty of an offence of thesame kind and is liable to the same punishment as if theperson had attempted to do the act or make the omission in
Queensland.
540

Preparation to commit crimes with dangerous things

A person who makes, or knowingly has possession of, an
explosive substance or other dangerous or noxious thing—(a)with intent to commit a crime by using the thing; or(b)to enable anyone to commit a crime by using the thing;commits a crime.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 349

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 56 Conspiracy[s 541]

Maximum penalty—7 years imprisonment.

Chapter 56
541

Conspiracy

Conspiracy to commit crime(1) Any person who conspires with another to commit any crime,or to do any act in any part of the world which if done in
Queensland would be a crime, and which is an offence under
the laws in force in the place where it is proposed to be done,
is guilty of a crime, and is liable, if no other punishment isprovided, to imprisonment for 7 years; or, if the greatest
punishment to which a person convicted of the crime inquestion is liable is less than imprisonment for 7 years, then tosuch lesser punishment.
(2) A prosecution for an offence defined in this section shall not
be instituted without the consent of the Attorney-General.
542

Conspiracy to commit other offences(1) Any person who conspires with another to commit any
offence which is not a crime, or to do any act in any part of theworld which if done in Queensland would be an offence but
not a crime, and which is an offence under the laws in force inthe place where it is proposed to be done, is guilty of amisdemeanour, and is liable to imprisonment for 3 years.
(2) A prosecution for an offence defined in this section shall not
be instituted without the consent of the Attorney-General.
543

Other conspiracies(1) Any person who conspires with another to effect any of the
purposes following, that is to say—Page 350

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 56 Conspiracy[s 543A](a)to prevent or defeat the execution or enforcement of any
statute law;(b)

to cause any injury to the person or reputation of any
person, or to depreciate the value of any property of any
person;(c)to prevent or obstruct the free and lawful disposition of
any property by the owner thereof for its fair value;(d)to injure any person in the person’s trade or profession;(e)

to prevent or obstruct, by means of any act or acts which
if done by an individual person would constitute an
offence on the person’s part, the free and lawful exercise
by any person of the person’s trade, profession, or
occupation;(f)

to effect any unlawful purpose;(g)to effect any lawful purpose by any unlawful means;

is guilty of a misdemeanour, and is liable to imprisonment for
3 years.
(2) A prosecution for an offence defined in this section shall not
be instituted without the consent of the Attorney-General.
543A Industrial disputes(1) Notwithstanding anything contained in section 543, no act
done or omission made by any 2 or more persons incontemplation or furtherance of any industrial dispute, and noagreement or combination by any 2 or more persons to do any
act or make any omission or to procure any act to be done oromission to be made in contemplation or furtherance of any
industrial dispute, shall render any of such persons guilty of
any offence if such act or omission when done or made by anindividual person would not have rendered such person guiltyof an offence.
(2) For the purposes of this section—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 351

Schedule 1 The Criminal CodePart 7 Preparation to commit offences—conspiracy— accessories after the fact
Chapter 57 Accessories after the fact[s 544]industrial dispute has the same meaning as in the Industrial
Relations Act 2016.

Chapter 57
544

Accessories after the fact

Accessories after the fact to offences(1) If a person becomes an accessory after the fact to a crime, theperson commits a crime.
(2) If a person becomes an accessory after the fact to amisdemeanour, the person commits a misdemeanour.
(3) If a person becomes an accessory after the fact to a simple
offence, the person commits a simple offence.
545

Punishment of accessories after the fact to offences(1) A person who becomes an accessory after the fact to anindictable offence punishable by mandatory life imprisonment
is liable, if no other punishment is provided, to life
imprisonment.
(2) A person who becomes an accessory after the fact to anindictable offence punishable by life imprisonment but not
mandatory life imprisonment is liable, if no other punishment
is provided, to 14 years imprisonment.
(3) A person who becomes an accessory after the fact to any otherindictable offence or a simple offence is liable, if no otherpunishment is provided, to a punishment equal to one-half ofthe greatest punishment to which an offender convicted of theoffence is liable.
(4) In this section—
mandatory life imprisonment means a penalty of life
imprisonment that can not be mitigated or varied under thisCode or any other law.
Page 352

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58 Arrest[s 545A]

Part 8Procedure

Chapter 58

Arrest

545A Chapter does not apply to police officers

This chapter does not apply to a police officer.
546

Arrest without warrant generally

When an offence is such that the offender may be arrested
without warrant generally—(b)

it is lawful for any person who is called upon to assist a
police officer in the arrest of a person suspected ofhaving committed the offence, and who knows that theperson calling upon the person to assist is a police
officer, to assist the officer, unless the person knows that
there is no reasonable ground for the suspicion; and(c)

it is lawful for any person who finds another committing
the offence to arrest the other person without warrant;
and

(d)

if the offence has been actually committed—it is lawful
for any person who believes on reasonable ground that
another person has committed the offence to arrest that
person without warrant, whether that other person has
committed the offence or not; and(e)

it is lawful for any person who finds another by night,
under such circumstances as to afford reasonablegrounds for believing that the other person iscommitting the offence, and who does in fact so believe,to arrest the other person without warrant.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 353

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58 Arrest[s 547]

547

Arrest without warrant in special cases

Where it is provided with respect to an offence that theoffender may be arrested without warrant subject to certain
conditions, the provisions of section 546 apply to the offencein question, subject to those conditions.
547A Arrest of persons found committing offences on aircraft

It is lawful for the person in command of an aircraft, on board
the aircraft, and for persons acting with the person’s authority
to arrest or cause to be arrested without warrant any person
whom the person finds committing, or whom on reasonablegrounds the person suspects of having committed, or of
having attempted to commit, or of being about to commit, an
offence on or in relation to or affecting the use of the aircraft
and for that purpose to use such force as the person or the
person arresting believes, on reasonable grounds, to benecessary and is reasonable under the circumstances.
548

Arrest of persons found committing offences(1) It is lawful for a justice to arrest without warrant any person
whom the justice finds committing any indictable offence orcommitting any simple offence with respect to which it isprovided that a person found committing it may be arrested
without warrant.
(2) When it is provided with respect to an offence that a person
found committing the offence may be arrested without
warrant generally, it is lawful for any person who finds
another committing the offence to arrest the other person
without warrant.
(3) When it is provided with respect to an offence that a person
found committing the offence may be arrested without
warrant by a specified person, or specified persons, it is lawful
for any such person who finds another committing the offence
to arrest the other person without warrant.
Page 354

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58 Arrest[s 549]549

Arrest of offender committing indictable offences bynight

It is lawful for any person who finds another person by nightcommitting any indictable offence to arrest the other person
without warrant.
550

Arrest during flight

It is lawful for any person to arrest without warrant any otherperson whom the person believes, on reasonable grounds, tohave committed an offence and to be escaping from, and to be
freshly pursued by, some person whom, on reasonablegrounds, the person believes to have authority to arrest theother person for that offence.
551

Arrest of persons offering stolen property for sale etc.

It is lawful for any person to whom another offers to sell,pawn, or deliver, any property, and who believes, onreasonable grounds, that the property has been acquired bymeans of an offence with respect to which it is provided that aperson found committing it may be arrested without warrant,
to arrest that other person without warrant.
552

Duty of persons arresting(1) It is the duty of a person who has arrested another upon acharge of an offence to take the other person forthwith before
a justice to be dealt with according to law.
(2) However, it is sufficient for subsection (1) if the person
immediately delivers the arrested person into the custody of apolice officer.
(3) The police officer may receive the arrested person into
custody.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 355

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552A]

Note—
See also section 137 for a relevant offence and the Police Powers andResponsibilities Act 2000, section 393 for the duties of the police
officer.

Chapter 58A

Indictable offences dealt withsummarily

552A Charges of indictable offences that must be heard anddecided summarily on prosecution election(1) This section applies to a charge before a Magistrates Court ofany of the following indictable offences—
(a)

(b)

an offence against any of the following provisions—•section 141•

section 142•

section 143•

section 205A•

section 340;

any offence involving an assault, if—(i)the assault is not of a sexual nature or accompanied
by an attempt to commit a crime; and(ii) the maximum term of imprisonment for which thedefendant is liable is more than 3 years but not
more than 5 years; and(iii) the assault is without the circumstance ofaggravation stated in section 335(3)(a);(c)

Page 356

the offence of counselling or procuring the commissionof an offence mentioned in paragraph (a) or (b);Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552B](d)the offence of attempting to commit an offence
mentioned in paragraph (a);(e)

the offence of becoming an accessory after the fact to an
offence mentioned in paragraph (a).

(2) A charge to which this section applies must be heard anddecided summarily if the prosecution elects to have the charge
heard and decided summarily.
(3) This section is subject to section 552D.
552B Charges of indictable offences that must be heard anddecided summarily unless defendant elects for jury trial(1) This section applies to a charge before a Magistrates Court ofany of the following indictable offences—(a)an offence of a sexual nature without a circumstance ofaggravation if—(i)the complainant was 14 years of age or over at thetime of the alleged offence; and(ii) the defendant has pleaded guilty; and(iii) the maximum term of imprisonment for which thedefendant is liable is more than 3 years;(b)

an offence against section 339(1);(c)

an offence involving an assault, other than an offence
against section 339(1), if—(i)the assault is—(A)

without a circumstance of aggravation; and(B)

not of a sexual nature; and(ii) the maximum term of imprisonment for which thedefendant is liable is more than 3 years but not
more than 7 years; and(iii) a charge of the offence is not a charge to which
section 552A applies;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 357

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552B](d)an offence against section 60A, 60B, 76 or 77B;(e)an offence against section 229BB;(f)

an offence against section 316A;(g)an offence against section 328A(2);(h)

an offence against section 359E if the maximum term of
imprisonment for which the defendant is liable is not
more than 5 years;(i)an offence against section 359F if the defendant is liable
to the penalty mentioned in section 359F(11);(j)

an offence against chapter 14, chapter division 2, if the
maximum term of imprisonment for which thedefendant is liable is more than 3 years;(l)an offence against chapter 42A;(m) the offence of counselling or procuring the commissionof an offence mentioned in any of paragraphs (a) to (l);(n)

the offence of attempting to commit an offence
mentioned in any of paragraphs (a) to (l), unless theoffence is a relevant offence under section 552BA(4),definition relevant offence, paragraph (a);(o)

the offence of becoming an accessory after the fact to an
offence mentioned in any of paragraphs (a) to (l), unlessthe offence is a relevant offence under
section 552BA(4),definition
relevant
offence,paragraph (a).

(2) A charge to which this section applies must be heard anddecided summarily unless the defendant informs theMagistrates Court that he or she wants to be tried by jury.
(3) This section is subject to section 552D.

Page 358

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BA]

552BA Charges of indictable offences that must be heard anddecided summarily(1) This section applies to a charge before a Magistrates Court ofany indictable offence against this Code if the offence is arelevant offence.
(2) A charge to which this section applies must be heard anddecided summarily.
(3) This section is subject to section 552D.
(4) In this section—
relevant offence means—(a)an offence against this Code, if the maximum term of
imprisonment for which the defendant is liable is not
more than 3 years; or(aa) an offence against section 335 alleged to have beencommitted with the circumstance of aggravation statedin section 335(3)(a); or(b)

an offence against part 6, other than—(i)an offence mentioned in paragraph (a); or(ii) an offence against chapter 42A; or(iii) an offence that, under section 552BB, is an
excluded offence.
552BB Excluded offences(1) An offence is an excluded offence if the offence is—(a)an offence against a provision listed in column 1 of thefollowing table and—(i)no relevant circumstance is listed for the provisionin column 3; or(ii) both of the following apply—(A)

1 or more relevant circumstances are listed
for the provision in column 3;

Current as at 19 September 2024

Page 359

Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

(B)

(b)

at least 1 of the relevant circumstances, or
the relevant circumstance if only 1 relevant
circumstance is listed, applies in relation tothe offence; orthe offence of—(i)counselling or procuring the commission of an
offence that is an excluded offence underparagraph (a); or(ii) attempting to commit an offence that is an
excluded offence under paragraph (a), unless theoffenceisarelevant
offenceunder
section 552BA(4), definition relevant offence,paragraph (a); or(iii) becoming an accessory after the fact to an offence
that is an excluded offence under paragraph (a),unless the offence is a relevant offence under
section 552BA(4), definition relevant offence,paragraph (a).
(2) Column 2 of the following table gives the headings of theprovisions mentioned in column 1, and is for information
only.
(3) In this section—prescribed value means $30,000.

Page 360

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Table of excluded offences
Column 1

Column 2

Provision of Code Provision heading
section 398

Punishment ofstealing

Column 3
Relevant circumstance
1 The offender is liable to 14 years
imprisonment under clause 1, thevalue of the yield to the offender, or
the detriment caused, because of thestealing of the testamentary
instrument is equal to or more thanthe prescribed value and the offender
does not plead guilty.
2 The total value of anything stolen,
other than a testamentary instrument
as mentioned in clause 1, and asprovided for in the charge for theoffence, is equal to or more than theprescribed value and the offender
does not plead guilty.
3 The offender is liable toimprisonment under clause 14 and acharge for the indictable offence
mentioned in clause 14(b) is to beheard and decided on indictment or
would be required to be heard anddecided on indictment if the charge
were laid.

section 399

Fraudulent
concealment ofparticular documents

The offender is liable to 14 years
imprisonment, the value of the yield
to the offender, or the detrimentcaused, because of the concealment isequal to or more than the prescribedvalue and the offender does not plead
guilty.

section 403

Severing with intent tosteal

The value of the thing mademoveable is equal to or more than theprescribed value and the offender
does not plead guilty.

section 406

Bringing stolen goods
into Queensland

The value of the property is equal toor more than the prescribed value andthe offender does not plead guilty.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 361

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Column 1

Column 2

Provision of Code Provision heading
section 408A

Unlawful use orpossession of motor
vehicles, aircraft orvessels

Column 3
Relevant circumstance
1 The value of the motor vehicle,
aircraft or vessel is equal to or morethan the prescribed value and theoffender does not plead guilty.
2 The offender is liable toimprisonment for 12 years under
section 408A(2) and a charge for theindictable offence mentioned in
section 408A(2) is to be heard anddecided on indictment or would be
required to be heard and decided on
indictment if the charge were laid.
3 The offender is liable toimprisonment for 14 years under
section 408A(4)(b)(i) or (ii).
4 The offender is liable toimprisonment for 14 years under
section 408A(4)(b)(iv), the value ofany damage caused to property isequal to or more than the prescribedvalue and the offender does not plead
guilty.

section 408C

Fraud

The value of the property, the yield tothe offender or the detriment caused
is equal to or more than theprescribed value and the offender
does not plead guilty.

section 408E

Misuse of restrictedcomputer

The offender is liable toimprisonment for 10 years, the valueof the detriment or damage caused, or
benefit obtained, is equal to or morethan the prescribed value and theoffender does not plead guilty.

chapter 38, other than Stealing withsections 413 and 414 violence—extortionby threats

Page 362

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Column 1

Column 2

Provision of Code Provision heading
section 419(1)Burglary

Column 3
Relevant circumstance
1 The offender is liable toimprisonment for life under
section 419(3)(b)(i) or (ii).
2 The offender is liable toimprisonment for life under
section 419(3)(b)(iv), the value of any
damage caused to property is equal toor more than the prescribed value andthe offender does not plead guilty.

section 419(5)Burglary

A charge for the indictable offence
mentioned in section 419(5) is to beheard and decided on indictment or
would be required to be heard anddecided on indictment if the charge
were laid. For example, if theindictable offence committed in thedwelling entered by the offender isstealing, the total value of what isstolen is equal to or more than theprescribed value and the offender
does not plead guilty to the stealing, acharge for the offence of stealing
would be required to be heard anddecided on indictment, andaccordingly, the offence of entering
the dwelling in contravention ofsection 419(4) would be an excluded
offence.

section 421(2)Entering or being inpremises andcommitting indictableoffences

A charge for the indictable offence
mentioned in section 421(2) is to beheard and decided on indictment or
would be required to be heard anddecided on indictment if the charge
were laid.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 363

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Column 1

Column 2

Provision of Code Provision heading
section 421(3)Column 3
Relevant circumstance

1 A charge for the indictable offenceEntering or being in
mentioned in section 421(3) is to bepremises andheard and decided on indictment orcommitting indictable
would be required to be heard andoffences
decided on indictment if the charge
were laid.
2 The value of any damage caused by
the break is equal to or more than theprescribed value and the offender
does not plead guilty.

section 427

Unlawful entry of
1 The offender is liable tovehicle for committing
imprisonment for 14 years underindictable offence
section 427(2)(b)(i) or (ii).
2 The offender is liable toimprisonment for 14 years under
section 427(2)(b)(iv), the value of any
damage caused to property is equal toor more than the prescribed value andthe offender does not plead guilty.

section 430

Fraudulent
falsification of records

The value of the yield to the offenderbecause of the act or omission
mentioned in section 430(a), (b), (c),(d) or (e), or the value of the
detriment caused by that act oromission, is equal to or more than theprescribed value and the offender
does not plead guilty.

section 433

Receiving tainted
property

The value of the tainted property isequal to or more than the prescribedvalue and the offender does not plead
guilty.

section 435

Taking reward forrecovery of property
obtained by way of
indictable offences

The value of the benefit mentioned in
section 435(b) is equal to or morethan the prescribed value and theoffender does not plead guilty.

Page 364

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Column 1

Column 2

Provision of Code Provision heading

Column 3
Relevant circumstancechapter 44

Offences analogous tostealing relating toanimals

The value of the animal the subject of
the offence is equal to or more thanthe prescribed value and the offender
does not plead guilty.

section 461

Arson

section 462

Endangering
particular property byfiresection 463

Setting fire to
vegetation

section 467

Endangering the safeuse of vehicles andrelated transport
infrastructure

section 468

Injuring animals

The offender is liable toimprisonment for 7 years, the valueof the animal the subject of theoffence is equal to or more than theprescribed value and the offender
does not plead guilty.

section 469

Wilful damage

The offender is liable to punishment
under clause 1 (Destroying or
damaging premises by explosion), 2(Sea walls and other property), 5(Railways), 6 (Aircraft) or 7 (Other
things of special value).

section 469A

Sabotage andthreatening sabotage

section 470

Attempts to destroy
property by explosives

section 471

Damaging mines

The value of the damage orinterference caused is equal to or
more than the prescribed value andthe offender does not plead guilty.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 365

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552BB]

Column 1

Column 2

Provision of Code Provision heading

Column 3
Relevant circumstancesection 472

Interfering withmarine signals

The value of any damage or detrimentdirectly attributable to thecommission of the offence, including,for example, economic loss arisingfrom disruption to shipping, is equal
to or more than the prescribed value
and the offender does not plead
guilty.

section 473

Interfering withnavigation works

The value of any damage or detrimentdirectly attributable to thecommission of the offence, including,for example, economic loss arisingfrom disruption to shipping, is equal
to or more than the prescribed value
and the offender does not plead
guilty.

section 474

Communicating
infectious diseases toanimals

The value of the animal or animals
the subject of the offence is equal toor more than the prescribed value andthe offender does not plead guilty.

section 488

Forgery and uttering

The offender is liable to 7 years or 14
years imprisonment, the value of theyield to the offender, or the detrimentcaused, involved in the forgery or
uttering is equal to or more than theprescribed value and the offender
does not plead guilty.

section 498

Falsifying warrants formoney payable underpublic authority

The value of the yield to the offender,or the detriment caused, involved in
the making out or delivering of thewarrant is equal to or more than theprescribed value and the offender
does not plead guilty.

Page 366

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552C]

Column 1

Column 2

Provision of Code Provision heading
section 514

Personation in general

Column 3
Relevant circumstance
The offender is liable toimprisonment for 14 years, the valueof the property mentioned in
section 514(2) is equal to or morethan the prescribed value and theoffender does not plead guilty.

552C Constitution of Magistrates Court(1) A Magistrates Court that summarily deals with an indictableoffence under this chapter must be constituted by—(a)a magistrate; or(b)justices appointed under subsection (3) for the place atwhich the Magistrates Court is being held.

(2) Jurisdiction of the justices mentioned in subsection (1)(b) islimited to an offence—(a)that is dealt with on a plea of guilty; and(b)that the justices consider they may adequately punish by
the imposition of a penalty not more than the maximum
penalty they may impose under section 552H; and(c)for an offence involving property—that involves
property, or property damage or destruction, of a value
not more than $2,500.

(3) For subsection (1)(b), the Attorney-General may by gazettenotice appoint a justice for a place specified in the gazettenotice.
(4) A justice appointed under subsection (3) must be a justice ofthe peace (magistrates court) who the Attorney-General issatisfied has appropriate qualifications.
(5) A gazette notice may only specify a place appointed forholding a Magistrates Court—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 367

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552D](a)that is within a local government area of an indigenous
local government under the Local Government Act
2009; or(b)that the Attorney-General considers is remote.

(6) The Justices of the Peace and Commissioners for
Declarations Act 1991, section 29(4)(a) is subject tosubsections (1) to (3).
552D When Magistrates Court must abstain from jurisdiction(1) A Magistrates Court must abstain from dealing summarily
with a charge under section 552A, 552B or 552BA if satisfied,at any stage, and after hearing any submissions by theprosecution and defence, that because of the nature orseriousness of the offence or any other relevant consideration
the defendant, if convicted, may not be adequately punishedon summary conviction.
(1A) A Magistrates Court must abstain from dealing summarily
with a charge under section 552BA if—(a)the charge has been laid against the defendant as analternative to a charge for another offence (the main
offence); and(b)the main offence is an indictable offence that is not
required to be heard and decided summarily under thischapter.

(2) A Magistrates Court must abstain from dealing summarily
with a charge under section 552BA if satisfied, on an
application made by the defence, that because of exceptional
circumstances the charge should not be heard and decided
summarily.
Examples of exceptional circumstances—

Page 368

1

There is sufficient connection between the offence the subject of
the charge, and other offences allegedly committed by the
defendant and to be tried on indictment, to allow all the offences tobe tried together.

2

There is an important issue of law involved.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552E]

3

An issue of general community importance or public interest is
involved, or the holding of a trial by jury is justified in order toestablish contemporary community standards.

(2A) A Magistrates Court must abstain from dealing summarily
with a charge of a prescribed offence if the defendant isalleged to have committed the offence with the circumstanceof aggravation stated in the Penalties and Sentences Act 1992,
section 161Q.
(3) If the court abstains from jurisdiction, the proceeding for the
charge must be conducted as a committal proceeding.
(4) In this section—prescribed offence see the Penalties and Sentences Act 1992,
section 161N.
552E Charge may be heard and decided where defendantarrested or served

Without limiting the places a charge may be heard summarily
under section 552A, 552B or 552BA, the charge may also beheard and decided at a place appointed for holding magistrates
courts within the district in which the accused person wasarrested on the charge or served with the summons for the
charge under the Justices Act 1886.
552F

Time for prosecution

If a Magistrates Court hears and decides a charge summarily
under section 552A, 552B or 552BA, the Magistrates Court
has jurisdiction despite the time that has elapsed from the time
when the matter of complaint of the charge arose.
552G Value of property affecting jurisdiction to be decided by
Magistrates Court

For section 552BB, the value of property or of damage toproperty is the value as decided by the Magistrates Court.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 369

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552H]

552H Maximum penalty for indictable offences dealt withsummarily(1) A person is liable on summary conviction under section 552A,
552B or 552BA to a maximum penalty of—(a)if the Magistrates Court is a court constituted by amagistrate imposing a drug and alcohol treatment orderunder the Penalties and Sentences Act 1992,
part 8A—100 penalty units or 4 years imprisonment; or(b)

if the Magistrates Court is constituted by a magistrate
other
than
a
magistratementionedinparagraph (a)—100 penalty units or 3 years
imprisonment; or(c)if the Magistrates Court is constituted by justices under
section 552C(1)(b)—100 penalty units or 6 months
imprisonment.

(2) However, in no case may the person be punished more than if
the offence had been dealt with on indictment.
552I

Procedure under s 552B

(1) This section applies to any charge for an offence to which
section 552B applies.
(2) If the defendant is not legally represented, the Magistrates
Court is required—(a)to state the substance of the charge to the defendant; and(b)

to explain to the defendant that he or she is entitled to betried by a jury and is not obliged to make any defence;
and

(c)

to ask the defendant whether he or she wants the charge
to be dealt with summarily.

(3) Whether or not the defendant is legally represented, unless thedefendant informs the Magistrates Court that he or she wants
to be tried by a jury, the Magistrates Court must ask whether
the defendant is guilty or not guilty of the offence.
Page 370

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 58A Indictable offences dealt with summarily[s 552J](4) If the defendant is legally represented and there is more than 1
charge before the Magistrates Court, a plea to any number ofthe charges may, with the consent of the defendant, be taken at
the same time on the basis that the plea to 1 charge will betreated as a plea to any number of the charges if the court issatisfied—(a)the defendant has obtained legal advice in relation toeach of the charges; and(b)the defendant is aware of the substance of each of thecharges.

(5) If the Magistrates Court takes a plea under subsection (4), thecourt is not required to state the substance of any charge
before the court to the defendant.
(6) If the defendant says ‘guilty’ the Magistrates Court must
convict.
(7) If the defendant says ‘not guilty’ the Magistrates Court musthear the defence.
(8) After the defendant enters a plea, the Magistrates Court mustthen deal with the charge summarily.
(9) Unless a defendant’s criminal history is admissible inevidence, the Magistrates Court must not have any regard to
the defendant’s criminal history—

552J

(a)

before receiving a plea of guilty or making any decisionof guilt; or(b)for deciding whether the defendant may be adequately
punished on summary conviction.

Appeals against decision to decide charge summarily(1) This section applies if a person is summarily convicted orsentenced under section 552A, 552B or 552BA.
(2) The grounds on which the person may appeal include that theMagistrates Court erred by deciding the conviction orsentence summarily.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 371

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 59 Jurisdiction—preliminary proceedings—bail[s 553](3) The grounds on which the Attorney-General may appeal
against sentence include that the Magistrates Court erred bydeciding the sentence summarily.
(4) On an appeal against sentence relying on a ground that theMagistrates Court erred by proceeding summarily, the court
deciding the appeal may, if it decides to vary the sentence,
impose the sentence the court considers appropriate up to the
maximum sentence that could have been imposed if the matterhad been dealt with on indictment.

Chapter 59

553

Jurisdiction—preliminary
proceedings—bailJurisdiction

The jurisdiction of courts of justice with respect to the trial ofoffenders is set forth in the laws relating to the constitution
and jurisdiction of those courts respectively.
554

Preliminary proceedings on charges of indictableoffences

The practice and procedure relating to the examination andcommittal for trial of persons charged with indictable offences
are set forth in the laws relating to justices of the peace, theirpowers and authorities.
557

Place of trial(1) A person charged with committing an offence may be tried inany jurisdiction within which any act or omission or event
which is an element of the offence takes place.

Page 372

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 59 Jurisdiction—preliminary proceedings—bail[s 558](2) A person charged with stealing any property may also be triedin any jurisdiction within which the person has the stolen
property in the person’s possession.
(3) A person charged with stealing anything while employed in
the public service may also be tried in any jurisdiction within
which the person is arrested or is in custody.
(4) A person charged with an offence which involves thereceiving of any property by the person may also be tried inany jurisdiction within which the person has the property inthe person’s possession.
(5) A person charged with forging anything, or with uttering any
false document or writing or anything counterfeit, may also be
tried in any jurisdiction within which the person is arrested oris in custody.
(6) A person who is charged with counselling or procuring thecommission of an offence, or with becoming an accessory
after the fact to an offence, may also be tried in any
jurisdiction within which the principal offender might be
tried.
(7) A person who is charged with an offence committed out ofQueensland, and who may lawfully be tried in Queensland,
may be tried in any jurisdiction within which the person isarrested or is in custody.
(8) If a person is charged with committing an offence for which
the person may lawfully be tried in Queensland and it isuncertain where the offence was committed, the person may
be tried in any jurisdiction within which the person is arrested
or is in custody.
(9) A person charged with committing an offence can be triedwith the person’s consent in any jurisdiction.
558

Persons brought before wrong court(1) If on the trial of a person charged with any offence before any
court it appears that the person is not properly triable before
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 373

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 59 Jurisdiction—preliminary proceedings—bail[s 559]that court under any of the provisions of section 557, theperson is not by reason thereof entitled to be acquitted, but the
court may, at the request of the accused person, discharge thejury from giving a verdict, and direct that the person be tried
before some proper court, and may remand the person for trial
accordingly.
(2) If the person does not make such request, the trial is toproceed, and the verdict and judgment have the same effect inall respects as if the court had originally had jurisdiction to try
the accused person.
(3) This section does not affect the right of an accused person toplead to the jurisdiction of a court.
559

Change of place of trial(1) When a person has been committed for trial for an indictableoffence at a court held at any place, whether the person has
been granted bail or not, the Supreme Court or a judge thereofmay, on the application of the Crown or of the accused person,
and upon good cause shown order that the trial shall be held atsome other place, either before the same court or before someother court of competent jurisdiction, at a time to be named in
the order.
(2) When an indictment has been presented against any person in
the Supreme Court, the court may, on the application of the
Crown or the accused person, order that the trial shall be held
at some place other than that named in the margin of theindictment and at a time to be named in the order.
(3) An application for a change of the place of trial for anindictable offence shall be granted if based upon the facts—(a)Page 374

that the accused person has been committed for trial for
another indictable offence at a court held at any otherplace or that an indictment has been presented to a court
held at any other place charging the accused person withanother offence; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 559A](b)that the charge for the offence in respect of which theapplication is made and the charge for the offence
referred to in paragraph (a) could have been joined in
the same indictment, had the offences been committed
at the same place;unless good cause is shown for not granting the application.
(4) When an order is made under the provisions of this section,
the consequences are the same in all respects, and with regard
to all persons, as if the accused person had been committed
for trial at the place named in the order and at the sittings
named therein; and, if the person has been granted bail, theundertakings as to bail are to be deemed to be enlarged to thattime and place accordingly.

Chapter 60

Indictments

559A Definition for ch 60

In this chapter—
DPP presenter means a person, other than a Crown
prosecutor, appointed or employed in, or engaged by, theOffice of the Director of Public Prosecutions who isauthorised in writing by the director of public prosecutions topresent an indictment for the director.
560

Presenting indictments(1) When a person charged with an indictable offence has beencommitted for trial and it is intended to put the person on trial
for the offence, the charge is to be reduced to writing in adocument which is called an indictment.
(2) The indictment is to be signed and presented to the court by a
Crown Law Officer, a Crown prosecutor or some other person
appointed in that behalf by the Governor in Council.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 375

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 560A](3) If a person has been committed for trial for an indictableoffence that may be tried in the District Court, a Crown Law
Officer or a Crown prosecutor may present the indictment toeither the Supreme Court or District Court.
(4) In deciding the court to which the indictment is to bepresented, the Crown Law Officer or Crown prosecutor musthave regard to—(a)the complexity of the case; and(b)the seriousness of the alleged offence; and(c)any particular importance attaching to the case; and(d)any other relevant consideration.

(5) Also, if an indictment is signed by a person authorised to sign
the indictment under this section, a DPP presenter may
present the indictment to the court stated in the indictment.
560A Place where indictment is presented(1) An indictment may be presented to the court at the place of
trial named in the margin of the indictment (the place of trial)
or at another place.
(2) If an indictment is presented to the court at a place other thanthe place of trial—(a)the indictment is taken to have been presented to thecourt at the place of trial; and(b)anything that may be done by, or in relation to, the courtat the place of trial may also be done by, or in relation
to, the court at the other place; andExample—An application under section 590AA may be made to, and dealt
with by, the court at the other place or at the place of trial.

(c)Page 376

as soon as practicable after the indictment is presented,
the proper officer of the court at the other place must
transfer the indictment to the court at the place of trial.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 561]561

Ex officio indictments(1) A Crown Law Officer may sign and present an indictment inany court of criminal jurisdiction against any person for any
indictable offence, whether the accused person has beencommitted for trial or not.
(2) A Crown prosecutor or a person appointed by the Governor inCouncil to sign and present indictments in any court ofcriminal jurisdiction may sign and present an indictment inthat court against any person for any indictable offence within
the jurisdiction of the court, whether the accused person has
been committed for trial or not and against any person for anindictable offence who with the person’s prior consent has
been committed for trial or for sentence for an offence before
that court.
(3) Also, if an indictment is signed by a person authorised to sign
the indictment under this section, a DPP presenter may
present the indictment to the court stated in the indictment.
562

Arrest of person charged in ex officio indictment

When an indictment has been presented against a person who
is not in custody, and has not been committed for trial or held
to bail to attend to be tried upon the charge set forth in theindictment, or who does not appear to be tried upon the charge
set forth in the indictment, a judge of the court in which theindictment is presented may issue a warrant under the judge’s
hand to arrest the accused person and bring the person before
a justice of the peace; and the justice before whom the person
is brought may commit the person to prison until the person
can be tried on the indictment, or may, in a proper case, grant
bail.
563

Nolle prosequi(1) A Crown Law Officer may inform any court, by writing under
the officer’s hand, that the Crown will not further proceed
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 377

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 564]upon any indictment, or in relation to any charge contained in
any indictment, then pending in the court.
(2) A Crown prosecutor or a person appointed by the Governor inCouncil to present indictments in any court of criminal
jurisdiction may inform that court, by signed writing, that the
Crown will not further proceed upon any indictment, or in
relation to any charge contained in any indictment, thenpending in that court.
(3) When such information is given to the court the accused
person is to be discharged from any further proceedings uponthat indictment or charge.
564

Form of indictment(1) An indictment is to be intituled with the name of the court inwhich it is presented, and must, subject to the provisions
hereinafter contained, set forth the offence with which theaccused person is charged in such a manner, and with suchparticulars as to the alleged time and place of committing theoffence, and as to the person (if any) alleged to be aggrieved,
and as to the property (if any) in question, as may benecessary to inform the accused person of the nature of thecharge.
(2) If any circumstance of aggravation is intended to be relied
upon, it must be charged in the indictment.
(2A) Despite subsection (2), a relevant circumstance of aggravation
may be relied on for the purposes of sentencing an offender
for the offence charged in the indictment despite the relevant
circumstance of aggravation not being charged in theindictment for the offence.
(3) It is sufficient to describe an offence in the words of this Codeor of the statute defining it.
(3A) An indictment for an offence may also state the offence is adomestic violence offence.

Page 378

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 565]Note—
See the Penalties and Sentences Act 1992, section 12A for when aconviction for the offence must also be recorded as a conviction for adomestic violence offence or entered in the offender’s criminal history
as a domestic violence offence.

(3B) An indictment for an offence committed in relation to apregnant person that allegedly resulted in destroying the lifeof the person’s unborn child may also state the name, or adescription, of the unborn child.
(4) The place of trial is to be named in the margin of theindictment.
(5) In this section—
relevant circumstance of aggravation means a circumstanceof aggravation that is a previous conviction of the offender.
565

General rules applicable to indictments

The following rules are applicable to all indictments—(a)any document or other thing may be described by any
name or designation by which it is usually known, andany document may be described by its purport without
setting out a copy or facsimile of the whole or any partof it;(b)a trademark may be described by that name, and anyother mark may be described in any way which will
indicate its nature, without setting out a copy or
facsimile of it;(c)

it is not necessary to set forth the value of anythingmentioned in an indictment unless the value is an
essential element of the offence;(d)

it is not necessary to set forth the means or instrument
by which any act is done, unless the means or
instrument are an essential element of the offence;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 379

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 566](e)566

it is not necessary to set forth any particulars as to any
person or thing which need not be proved, nor any othermatter which need not be proved.

Particular indictments(1) In an indictment for an offence relating to giving information
or a document that a person knows is false or misleading, it isenough to state the information or document was ‘false or
misleading’ to the person’s knowledge, without specifying
whether it was false or whether it was misleading.
(2) In an indictment for an offence which relates to taking or
administering an oath or engagement, or to giving false
testimony or to making a false statement on solemn
declaration or otherwise, or to procuring the giving of false
testimony or the making of a false statement, it is notnecessary to set forth the words of the oath or engagement or
testimony or statement, but it is sufficient to set forth the
purport thereof, or so much of the purport as is material.
(3) In an indictment for an offence which relates to giving false
testimony, or procuring or attempting to procure the giving offalse testimony, it is not necessary to allege the jurisdiction of
the court or tribunal before which the false testimony was
given, or intended or proposed to be given.
(5) In an indictment in which it is necessary to mention money,such money may be described simply as money, without
specifying any particular form of money.
(5A) Such an averment, so far as regards the description of theproperty, will be sustained by proof that the offender obtainedor dealt with anything which is included in the term ‘money’,or any portion of the value, in such a manner as to constitutethe offence, although the thing was delivered to the offenderin order that some part of the value thereof should be returnedto the person who delivered the same or to some other person,and has been returned accordingly.

Page 380

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 566](6) In an indictment in which it is necessary to mention any
co-owners of property it is sufficient to name 1 of such
persons, adding the words ‘and another’ or ‘and others’, as thecase may be, and to state that the property belonged to theperson so named and another or others, as the case may be.
(7) In an indictment against a man for an offence committed by
him with respect to his wife’s separate property, the property
may be alleged to be the property of the wife.
(8) In an indictment for an offence relating to any property of acompany which is authorised to sue and be sued in the nameof a public officer, the property may be alleged to be theproperty of the public officer.
(9) In an indictment for an offence relating to any property whichby any statute is to be deemed to be the property of any officerof any institution, the property in question may be alleged tobe the property of the officer of the institution for the time
being by the officer’s name of office.
(10) In an indictment for an offence relating to a testamentary
instrument, it is not necessary to allege that the instrument is
the property of any person.
(11) In an indictment for an offence relating to anything fixed in asquare, street or cemetery or at a crematorium, or in a place
dedicated to public use or ornament, or to anything in or takenfrom a public office, it is not necessary to allege that the thing
in respect of which the offence is committed is the property ofany person.
(12) In an indictment for an offence relating to a document whichis evidence of title to land or an estate in land, the document
may be described as being evidence of the title of the person
or some 1 of the persons having an estate in the land to which
the document relates, the land or some part thereof being
described in some manner sufficient to identify it.
(13) In an indictment for stealing a chattel or fixture let to theoffender, the chattel or fixture may be described as theproperty of the person who actually let it to hire.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 381

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 567](14) In an indictment against a person employed in the public
service for an offence committed with respect to anythingwhich came into the person’s possession by virtue of theperson’s employment, the thing in question may be describedas the property of the Sovereign.
(15) In an indictment for an offence respecting any property(whether within the meaning of section 1 or section 408C), if
it is uncertain to which of 2 or more persons the property
belonged at the time when the offence was committed, theproperty may be described as being the property of one orother of such persons, naming each of them, but without
specifying which of them; and the indictment will besustained, so far as regards the allegation of ownership, upon
proof that at the time when the offence was committed theproperty belonged to one or other of such persons without
ascertaining which of them.
(16) In an indictment for the offence of obtaining or inducing thedelivery of anything dishonestly, or of attempting to commit,
or to procure the commission of, any such offence, it is notnecessary to mention the owner of the property in question.
(17) In an indictment for an offence which involves any fraud or
fraudulent pretence, it is not necessary to set forth the detailsof the fraud or pretence or trick or device.
567

Joinder of charges(1) Except as otherwise expressly provided, an indictment must
charge 1 offence only and not 2 or more offences.
(2) Charges for more than 1 indictable offence may be joined in
the same indictment against the same person if those charges
are founded on the same facts or are, or form part of, a series
of offences of the same or similar character or a series ofoffences committed in the prosecution of a single purpose.
(3) Where more than 1 offence is charged in the same indictment,each offence charged shall be set out in the indictment in a
separate paragraph called a count and the several statements
Page 382

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 568]of the offences may be made in the same form as in othercases without any allegation of connection between theoffences.
(4) Counts shall be numbered consecutively.
568

Cases in which several charges may be joined(1) In an indictment against a person for stealing property the
person may be charged and proceeded against on 1 charge
even though—(a)the property belongs to the same person or to different
persons; or(b)

the property was stolen over a space of time; or(c)different acts of stealing took place at different times,
whether or not the different acts can be identified.

(2) In an indictment against a trustee to whom the Trust Accounts
Act 1973 applies, for stealing money, the trustee may becharged and proceeded against for the amount of a general
deficiency notwithstanding that such general deficiency ismade up of any number of specific sums of money, such sums
being the property of different persons, the taking, destruction
or conversion of which extended over any space of time.
(2A) For subsection (2), the reference to a trustee to whom theTrust Accounts Act 1973 applies includes a legal practitioner
associate of a law practice, within the meaning of the Legal
Profession Act 2007, if part 3.3 of the Legal Profession Act
2007 applies to the law practice.
(3) In an indictment against a person for fraud the person may becharged and proceeded against on 1 charge even though—(a)

any number of specific frauds of the same type has beencommitted, whether or not each specific act of fraud canbe identified; or(b)the frauds have extended over any space of time; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 383

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 568](c)property applied belongs to different persons, and hascome into the possession or control of the accused
person at different times and subject to different trusts,
directions, conditions, or duties to account; or(d)the property, benefit, detriment or inducement belongs
to or is caused to different persons.

(4) In an indictment against a person for receiving property the
person may be charged and proceeded against on 1 charge
even though—(a)the property belongs to different persons; or(b)

the property was received over a space of time; or(c)different acts of receiving took place at different times,
whether or not the different acts can be identified.

(5) In an indictment against a person for forgery or uttering theperson may be charged and proceeded against on 1 charge
even though—(a)

any number of separate forgeries or utterings has beencommitted, whether or not the separate acts of forgery
or uttering can be identified; or(b)the forgeries or utterings have extended over any spaceof time; or(c)there was an intent to defraud one or more than one
person.

(5A) In an indictment against a person for obtaining or dealing withidentification information under section 408D, the person
may be charged and proceeded against on 1 charge eventhough—Page 384(a)the identification information relates to different
entities; or(b)

the identification information was obtained or dealt withover a space of time; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 568](c)different acts of obtaining or dealing with theidentification information took place at different times,
whether or not the different acts can be identified.

(6) Any 2 or all of the following charges may be joined in thesame indictment (a subsection (6) indictment)—(a)entering or being in a dwelling or premises and stealing
property in the dwelling or premises;(b)stealing all or part of property the subject of theindictment;(c)receiving all or part of property the subject of theindictment having reason to believe the property isstolen.

(7) If a subsection (6) indictment is preferred against a person, theperson may, according to the evidence, be convicted of theoffence mentioned in subsection (6)(a), the offence mentioned
in subsection (6)(b) or the offence mentioned insubsection (6)(c).
(8) If a subsection (6) indictment is preferred against 2 or more
persons—(a)

all or any of them may, according to the evidence, be
convicted of the offence mentioned in subsection (6)(a),the offence mentioned in subsection (6)(b) or theoffence mentioned in subsection (6)(c); or(b)

1 or more of them may, according to the evidence, be
convicted of 1 of the offences and the other or others ofthem may be convicted of another of the offences, or of
1 or the other of the other offences.

(9) However, if the jury finds specially—(a)that a person charged on a subsection (6) indictment—(i)entered or was in a dwelling or premises and stole
property in the dwelling or premises; or(ii) stole all or part of property the subject of theindictment; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 385

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 568](iii) received all or part of property the subject of theindictment having reason to believe the property tohave been stolen; or(b)that a person charged on a subsection (6) indictmentcommitted 1 of any 2 of the offences mentioned inparagraph (a);but can not say which of the offences (the alternative
offences) was committed by the person, the trial judge mustenter a conviction against the person for 1 of the alternative
offences in accordance with subsection (10).
(10) For subsection (9), the trial judge must enter a conviction for
the following offence—(a)

if the same maximum penalty is provided for thealternative offences, the alternative offence decided by
the trial judge;(b)

if a particular maximum penalty is provided for 1 of thealternative offences and the same lower maximum
penalty is provided for the other alternative offences, 1of the other alternative offences decided by the trial
judge;(c)otherwise, the alternative offence for which the lowest
or lower maximum penalty is provided.

(10A) In an indictment against a person for an offence against
section 228A, 228B, 228C or 228D, the person may becharged and proceeded against on 1 charge for the offenceeven though—Page 386(a)

any number of separate acts constituting the offence
have been committed, whether or not the separate acts
constituting the offence can be identified; or(b)the separate acts constituting the offence have extended
over any space of time; or(c)different acts constituting the offence took place at
different times, whether or not the different acts can be
identified.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 569](11) Any number of persons charged with committing or withprocuring the commission of the same offence, although at
different times, or of being accessories after the fact to thesame offence, although at different times, and any number of
persons charged with receiving, although at different times,
any property which has been obtained by means of a crime or
misdemeanour, or by means of an act which if it had been
done in Queensland would be a crime or misdemeanour andwhich is an offence under the laws in force in the place where
it was done, or any part of any property so obtained, may becharged with substantive offences in the same indictment, andmay be tried together notwithstanding that the principal
offender or the person who so obtained the property is notincluded in the same indictment, or is not amenable to justice.
(12) Any number of persons charged with committing different or
separate offences arising substantially out of the same facts orout of closely related facts so that a substantial part of thefacts is relevant to all the charges may be charged in the same
indictment and tried together.
569

Accessories

A person who counsels or procures another person to commit
an offence, or who aids another person in committing an
offence, or who does or omits to do any act for the purpose of
enabling or aiding another person to commit the offence, or
who becomes an accessory after the fact to an offence, may becharged in the same indictment with the principal offender,and may be tried with the principal offender or separately, or
may be indicted and tried separately, whether the principal
offender has or has not been convicted, or is or is not
amenable to justice.
570

Statement of previous conviction

In an indictment for an offence charged to have beencommitted after a conviction for any offence, it is sufficient,
after charging the subsequent offence, to state the substance
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 387

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 571]and effect of the indictment or complaint, and the conviction,
for the previous offence, and the time and place of suchconviction.
571

Formal defects(1) An indictment is not open to objection by reason of thedesignation of any person by a name of office or otherdescriptive appellation instead of by the person’s proper
name, nor for omitting to state the time at which the offence
was committed, unless the time is an essential element of theoffence, nor for stating imperfectly the time at which theoffence was committed, nor for stating the offence to havebeen committed on an impossible day, or on a day that never
happened or has not yet happened.
(2) An objection to an indictment for a formal defect apparent on
its face must be taken by motion to quash the indictment
before the jury is sworn, and not afterwards.
572

Amendment of indictments(1) If, on the trial of a person charged with an indictable offence,
there appears to be a variance between the indictment and theevidence, or it appears that any words that ought to have been
inserted in the indictment have been omitted, or any count that
ought to have been included in the indictment has been
omitted, or that any words that ought to have been omitted
have been inserted, the court may, if it considers that thevariance, omission, or insertion, is not material to the meritsof the case, and that the accused person will not be prejudiced
thereby in the person’s defence on the merits, order theindictment to be amended, so far as it is necessary, on suchterms (if any) as to postponing the trial, and directing it to be
had before the same jury or another jury, as the court may
think reasonable.
(1A) Without limiting subsection (1), if the court considers theoffence charged in the indictment is also a domestic violence
Page 388

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 60 Indictments[s 573]

offence, the court may order that the indictment be amended
to state the offence is also a domestic violence offence.
(2) The indictment is thereupon to be amended in accordancewith the order of the court.
(3) If the court is satisfied no injustice will be done by amending
the indictment, the court may make the order at any time
before, or at any stage of, the trial on the indictment, or after
verdict.
(4) When an indictment has been amended, the trial is to proceed,at the appointed time, upon the amended indictment, and thesame consequences ensue, in all respects and as to all persons,as if the indictment had been originally in its amended form.
(5) If it becomes necessary to draw up a formal record in any casein which an amendment has been made, the record is to be
drawn up setting out the indictment as amended, and without
taking any notice of the fact of the amendment having been
made.
573

Particulars

The court may, in any case, if it thinks fit, direct particulars tobe delivered to the accused person of any matter alleged in theindictment, and may adjourn the trial for the purpose of suchdelivery.
574

Summary convictions

The provisions of this chapter relating to indictments apply tocomplaints preferred against offenders upon their trial before
justices in order to their summary conviction of an indictableoffence.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 389

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 575]Chapter 61
575

Effect of indictment

Offences involving circumstances of aggravation

Except as hereinafter stated, upon an indictment charging aperson with an offence committed with circumstances ofaggravation, the person may be convicted of any offence
which is established by the evidence, and which is constitutedby any act or omission which is an element of the offence
charged, with or without any of the circumstances ofaggravation charged in the indictment.
575A Evidence at murder trial(1) This section applies in relation to the trial of a person charged
with murder under a paragraph of section 302(1).
(2) The person may be convicted of murder if the evidence at thetrial establishes that the person is guilty of murder under any
other paragraph of section 302(1).
576

Indictment containing count of murder or manslaughter(1) Upon an indictment against a person containing a count of thecrime of murder, the person may be convicted on that count of
the crime of manslaughter if that crime is established by theevidence but not on that count of any other offence than thatwith which the person is charged except as otherwise
expressly provided.
(2) Upon an indictment against a person containing a count of thecrime of manslaughter the person can not on that count be
convicted of any other offence except as otherwise expressly
provided.
577

Charge of homicide of child

However, upon an indictment charging a person with themurder of any person, or with unlawfully killing any person, if
Page 390

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 578]upon the evidence it appears that the person alleged to havebeen killed was a child of which a female had recently beendelivered, the accused person may be convicted of an offence
defined in section 313 or 314, if any offence under either of
those sections is established by the evidence.
578

Charge of offence of a sexual nature(1) Upon an indictment charging a person with the crime of rape,
the person may be convicted of any offence, if established by
the evidence, defined in section 210(1), 215, 216, 217(1), 218,
222 or 352.
(2) Upon an indictment charging a person with engaging in
unlawful penile intercourse with a child under the age of 16
years, the person may be convicted of any offence, if
established by the evidence, defined in section 210(1), 217 or
218.
(3) Upon an indictment charging a person with unlawfully andindecently assaulting another, the person may be convicted ofany offence, if established by the evidence, defined in
section 210(1).
(4) Upon an indictment charging a person with incest or an
attempt to commit incest, the person may be convicted of any
offence, if established by the evidence, defined in
section 210(1), 215, 216, 217, 218, 349, 350 or 352.
(5) A person convicted of any offence pursuant to this section
may be convicted of that offence with any circumstance ofaggravation established by the evidence.
579

Charge of specific injury—charge of injury with specificintent(1) Upon an indictment charging a person with an offence of
which the causing of some specific result is an element, theperson may be convicted of any offence which is establishedby the evidence, and of which an intent to cause that result, ora result of a similar but less injurious nature, is an element.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 391

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 580](2) Upon an indictment charging a person with an offence of
which an intent to cause some specific result is an element, theperson may be convicted of any offence which is establishedby the evidence and of which the unlawful causing of that
result is an element.
580

Charge of injury to property

Upon an indictment charging a person with an offence of
which destruction of property, or wilfully and unlawfully
doing any specific damage to property, is an element, theperson may be convicted of wilfully and unlawfully damaging
the property, or of wilfully and unlawfully damaging theproperty in any lesser degree, if either of such offences isestablished by the evidence.
581

Offences of dishonesty

Upon an indictment charging a person with any of theoffences following, that is to say—(a)stealing, with or without a circumstance of aggravation;(b)

fraud, with or without a circumstance of aggravation;(c)obtaining from any other person any chattel, money orvaluable security by passing a cheque that is not paid on
presentation for payment;(d)unlawful use or possession of a vehicle, with or without
a circumstance of aggravation;(e)unlawfully receiving anything under section 433;

(f)counselling or procuring any other person to commit
any of such offences;the person may be convicted of any other of such offences
committed with respect to the same property, if such otheroffence is established by the evidence.

Page 392

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 582]582

Charge of procuring commission of offence or wrongfulact(1) Upon an indictment charging a person with procuring thecommission of any offence, the person may be convicted of
procuring the commission of any other offence of such anature that a person may be convicted of it upon an indictment
charging the person with committing the offence of which theaccused person is alleged to have procured the commission.
(2) Upon an indictment charging a person with procuring anotherto do an act or make an omission of such a nature that if theaccused person had done the act or made the omission, theperson would have been guilty of an offence, the person may
be convicted of procuring that other person to do any other act
or make any other omission which is established by theevidence, and which is of such a nature that if the accused
person had done that act or made that omission the person
would have been guilty of an offence, such last-named offence
being itself of such a nature that a person may be convicted of
it upon an indictment charging the person with committing theoffence of which the accused person would have been guilty if
the person had done the act or made the omission which theperson is alleged to have procured to be done or made.
583

Conviction for attempt to commit offence(1) Upon an indictment charging a person with committing any
offence, the person may be convicted of attempting to commit
that offence, or of attempting to commit any other offence of
which the person might be convicted upon the indictment.
(2) Upon an indictment charging a person with procuring thecommission of any offence, the person may be convicted ofattempting to procure the commission of that offence, or ofattempting to procure the commission of any other offence ofsuch a nature that a person may be convicted of it upon anindictment charging the person with committing the offenceof which the accused person is alleged to have procured thecommission.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 393

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 584](3) Upon an indictment charging a person with attempting tocommit any offence, the person may be convicted ofattempting to commit any other offence of such a nature that aperson may be convicted of it upon an indictment charging theperson with committing the offence which the accused person
is alleged to have attempted to commit.
(4) Upon an indictment charging a person with attempting toprocure the commission of any offence, the person may beconvicted of attempting to procure the commission of any
other offence of such a nature that a person may be convicted
of it upon an indictment charging the person with committing
the offence of which the accused person is alleged to haveattempted to procure the commission.
(5) Upon an indictment charging a person with attempting toprocure another to do an act or make an omission of such anature that if the act had been done or the omission had been
made, an offence would thereby have been committed theperson may be convicted of attempting to procure that otherperson to do any other act or make any other omission of sucha nature that if the act had been done or the omission had been
made an offence would thereby have been committed, suchlast mentioned offence being itself of such a nature that aperson may be convicted of it upon an indictment charging theperson with doing the act or making the omission which theaccused person is alleged in the indictment to have attempted
to procure that other person to do or make.
584

When evidence shows offence of similar nature(1) If, on the trial of a person charged with any indictable offence,the evidence establishes that the person is guilty of anotherindictable offence of such a nature that upon an indictment
charging the person with it the person might have been
convicted of the offence with which the person is actuallycharged, the person may be convicted of the offence withwhich the person is so charged.
Page 394

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 585](2) A person so tried is not liable to be afterwards prosecuted forthe offence so established by the evidence, unless the court
before which the trial is had thinks fit to discharge the jury
from giving any verdict, and to direct the accused person to be
indicted for that offence; in which case the person may be
dealt with in all respects as if the person had not been put
upon trial for the offence with which the person is actuallycharged.
585

Effect of conviction

A person convicted under any of the provisions ofsections 575 to 584 is liable to the same punishment as if theperson had been convicted on an indictment charging theperson with the offence of which the person is actuallyconvicted.
586

Corrupt practices

If, on the trial of a person charged with an indictable offence
relating to elections the evidence establishes that the person is
not guilty of the offence charged, but is guilty of an offence
relating to elections and punishable on summary conviction,
the person may be convicted of such last mentioned offence,and is liable to the same punishment as if the person had beensummarily convicted of that offence.
587

Illegal practices

If, on the trial of a person charged with an offence relating toelections and punishable on summary conviction, the evidence
establishes that the person is guilty of an indictable offence
relating to elections, the person is not entitled to have thecharge dismissed if the evidence also establishes that theperson did any act or acts such as to constitute the offencewith which the person is actually charged.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 395

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 588]588

Charge of stealing stockIf, on the trial of a person charged with stealing an animal thatis stock, the evidence establishes that the person is not guiltyof the offence charged, but is guilty of any of the offences
following, that is to say—(a)unlawfully using the animal without the consent of theowner, or of the person in lawful possession thereof;(b)branding or marking the animal, or knowingly
permitting it to be branded or marked, with the person’s
registered brand or registered mark, knowing that theperson is not the owner of the animal;(c)altering or defacing, or otherwise rendering
undistinguishable, any registered brand or registered
mark upon the animal;(d)knowingly permitting any act as mentioned inparagraph (c) to be done by any person over whom theperson has control;

the person may be convicted of the offence so established by
the evidence, and is liable to the same punishment as if theperson had been convicted of that offence.
588A Charges of stealing certain animals and of killing certain
animals with intent to steal(1) If on the trial of a person charged with stealing an animal thatis stock the evidence establishes that the person is not guiltyof the offence charged but is guilty of the offence of killing an
animal with intent to steal the skin or carcass or any part of theskin or carcass, the person may be convicted of the latter
offence and is liable to the punishment prescribed in respectof that offence.
(2) If on the trial of a person charged with killing an animal withintent to steal the skin or carcass or any part of the skin or
carcass the evidence establishes that the person is not guilty ofthe offence charged but is guilty of the offence of stealing an
animal, the person may be convicted of the latter offence andPage 396

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 61 Effect of indictment[s 589]is liable to the punishment prescribed in respect of that
offence.
(3) A reference in this section to the offence of killing an animal
with intent to steal the skin or carcass or any part of the skin or
carcass is a reference to the offence of killing an animal withintent to steal the skin or, as the case may be, the carcass or, as
the case may be, part of the skin or, as the case may be, part ofthe carcass.
589

Indictment for joint receiving

Upon an indictment charging 2 or more persons jointly with
an offence of which the receiving of any property is anelement, if the evidence establishes that 1 or more of themseparately received any part or parts of the property undersuch circumstances as to constitute an offence, such 1 or moreof the accused persons may be convicted of the offence oroffences so established by the evidence.
589A Indictment for using or disclosing knowledge ofmatch-fixing conduct or match-fixing arrangement for
bettingIf, on the trial of a person charged with an indictable offence
under section 443D, the evidence establishes that the person is
not guilty of the offence charged but is guilty of any offence
under section 443F, the person may be convicted of theoffence under section 443F.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 397

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590]Chapter 62

Trial—adjournment—pleas—
practice

Chapter division 1

590

Bringing accused person to
trial

Bringing accused to trial(1) Subject to section 561, when a person charged with anindictable offence has been committed for trial and it isintended to put the person upon his or her trial for the offence,the director of public prosecutions or a Crown prosecutor
must present the indictment no later than 6 months after thedate on which the person was committed for trial.
(2) If—(a)an indictment is not so presented; or(b)it becomes apparent that evidence necessary to establish
the offence is not going to be available; or(c)the accused has absconded and is not likely to be found
before the expiry of the period; or(d)for any other reason it is impracticable to present theindictment;

the director of public prosecutions or a Crown prosecutor may
apply to the court at any time before or after the expiry of theperiod for an extension of time within which to present an
indictment.
(3) The court hearing the application may, if satisfied that goodcause is shown and no miscarriage of justice is likely to result,
grant the extension of time the court considers just.
(4) If an indictment is not presented before the expiry of theperiod or any extension of the period, the person is entitled tobe discharged from the consequences of his or her committal.

Page 398

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AA]

Chapter division 2

Directions and rulings
before trial

590AA Pre-trial directions and rulings(1) If the Crown has presented an indictment before a court
against a person, a party may apply for a direction or ruling, ora judge of the court may on his or her initiative direct theparties to attend before the court for directions or rulings, as tothe conduct of the trial or any pre-trial hearing.
(2) Without limiting subsection (1) a direction or ruling may be
given in relation to—(a)the quashing or staying of the indictment; or(b)the joinder of accused or joinder of charges; or(ba) disclosure under chapter division 3 or 4; or(c)the provision of a statement, report, proof of evidence orother information; or(d)noting of admissions and issues the parties agree are
relevant to the trial or sentence; or(da) an application for trial by a judge sitting without a jury;or(e)deciding questions of law including the admissibility ofevidence and any step that must be taken if any evidence
is not to be admitted; or(f)ascertaining whether a defence of insanity or diminishedresponsibility or any other question of a psychiatricnature is to be raised; or(g)the psychiatric or other medical examination of theaccused; or(h)the exchange of medical, psychiatric and other expert
reports; or(i)the reference of the accused to the Mental Health Court;orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 399

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AAA](j)the date of trial and directing that a date for trial is not tobe fixed until it is known whether the accused proposes
to rely on a defence of insanity or diminishedresponsibility or any other question of a psychiatricnature; or(k)the return of subpoenas; or(ka) mattersrelating
toprotected
counselling
communications under the Evidence Act 1977, part 2,
division 2A: or(l)

the Evidence Act 1977, part 2, division 4, 4A, 4C or 6 orpart 6A; or(m) encouraging the parties to narrow the issues and anyother administrative arrangement to assist the speedy
disposition of the trial.
(3) A direction or ruling is binding unless the judge presiding at
the trial or pre-trial hearing, for special reason, gives leave toreopen the direction or ruling.
(4) A direction or ruling must not be subject to interlocutory
appeal but may be raised as a ground of appeal againstconviction or sentence.
590AAA Noncompliance with direction about disclosure(1) If it appears to the court that a person (the directed person)
has not complied with a direction given under
section 590AA(2)(ba), the court may order the directed
person to file an affidavit, or give evidence in court,
explaining and justifying the failure to comply.
(2) If the court requires the directed person to file an affidavit, acopy of the affidavit must be served on the person for whose
benefit the direction was given (the affected person).
(3) An order under subsection (1) may be made—Page 400(a)on the court’s own initiative; or(b)on the application of the affected person.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AAA](4) If the court is not satisfied the directed person’s affidavit orevidence satisfactorily explains and justifies thenoncompliance, the court may—(a)adjourn the proceeding to allow enough time for—(i)the directed person to comply with the direction;and(ii) the affected person to consider anything disclosed
under the direction and take any necessary further
action; and(b)

if the court is satisfied that the noncompliance wasunjustified, unreasonable or deliberate—make, in
relation to the adjournment, an award in favour of theaffected person of an amount of costs the court
considers just and reasonable; and(c)

if an award of costs is made under paragraph (b)—fix atime for the amount to be paid.

(5) This section does not limit the court’s power otherwise to deal
with a failure to comply with a direction, including, forexample, any power in the court to punish for contempt.
(6) The directed person is not excused from failing to file anaffidavit or give evidence under this section on the ground thatan affidavit or evidence explaining and justifying a failure tocomply with the direction given under section 590AA(2)(ba)might tend to incriminate the directed person because thedirected person would be required to admit to the failure tocomply.
(7) However, the affidavit or evidence is not admissible against
the directed person in a criminal proceeding or a proceedingfor contempt.
(8) Subsection (7) does not stop the affidavit or evidence frombeing admissible against the person—(a)in a perjury proceeding in relation to the affidavit orevidence; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 401

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AB](b)

for the purposes
subsection (4).

ofmaking

an

order

under

(9) In this section—
direction includes ruling.
perjury proceeding, in relation to an affidavit or evidence,means a proceeding in which the falsity or misleading natureof the affidavit or evidence is relevant.

Chapter division 3

Disclosure by theprosecution

Chapter subdivision A

Preliminary provisions

590AB Disclosure obligation(1) This chapter division acknowledges that it is a fundamental
obligation of the prosecution to ensure criminal proceedings
are conducted fairly with the single aim of determining andestablishing truth.
(2) Without limiting the scope of the obligation, in relation todisclosure in a relevant proceeding, the obligation includes anongoing obligation for the prosecution to give an accused
person full and early disclosure of—(a)all evidence the prosecution proposes to rely on in theproceeding; and(b)

all things in the possession of the prosecution, other than
things the disclosure of which would be unlawful orcontrary to public interest, that would tend to help thecase for the accused person.

590AC Chapter division does not have particular consequences(1) Nothing in this chapter division—
Page 402

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AD](a)requires disclosure that is unlawful under this or anotherlaw; or(b)affects an accused person’s right to anything underanother law.

(2) Failure to comply with this chapter division in a proceeding
does not affect the validity of the proceeding.

Chapter subdivision B

Interpretation

590AD Definitions for ch div 3

In this chapter division—
affected child see the Evidence Act 1977, section 21AC.
arresting officer, for a person charged with an offence,means—(a)the police officer who arrested the person or, if theperson was not arrested, the police officer who brought
the charge against the person; or(b)at any time the person mentioned in paragraph (a) is
unavailable, another police officer the police
commissioner, or a delegate of the police commissioner,
designates as the arresting officer for the person.

associate, of a lawyer, means an associate of the law practiceof the lawyer as defined under the Legal Profession Act 2007,section 7(1)(a) or (c).
court means the court for the relevant proceeding.
criminal history of a person includes every finding of guilt, or
acceptance of a plea of guilty, whether or not a conviction wasrecorded, other than a spent conviction.
end, of the proceedings for a relevant charge, means—(a)

if a trial that disposes of the charge is notconducted—the discharge, striking out, withdrawal,

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 403

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AD]

entry of nolle prosequi, quashing, staying or other event
by which the proceedings end; or(b)if a trial that disposes of the charge ends without afinding of guilt—the end of the trial; or(c)if a trial that disposes of the charge ends with a findingof guilt and an appeal against the finding is not started
during the period allowed for appeal, including an
extension of the period granted by a court—the end of
the period; or(d)if a trial that disposes of the charge ends with a findingof guilt and an appeal is started against the finding—theend of the appeal and the end of any further
proceedings.

Evidence Act
section 590AFA.

section 93A

devicestatement

seeexculpatory thing, in relation to an accused person, means
reliable evidence of a nature to cause a jury to entertain areasonable doubt as to the guilt of the accused person.
original evidence means a thing that may be tendered as an
exhibit in a relevant proceeding.
possession of the prosecution see section 590AE.
prescribed summary trial means a summary trial of—Page 404(a)a charge for an indictable offence that must be heard anddecided summarily under section 552BA; or(b)a charge for an indictable offence if, under
section 552A, the prosecution has elected that the
charge be heard and decided summarily; or(c)a charge for an indictable offence to which section 552B
applies unless the defendant has informed theMagistrates Court that he or she wants to be tried by
jury; or(d)a charge for an indictable offence against a provision of
the Drugs Misuse Act 1986, if—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AD](i)

under that Act, proceedings for the charge may betaken summarily; and(ii) the prosecution has elected that proceedings for the
charge be taken summarily; or(e)a charge for a domestic violence offence heard in adomestic violence proceeding within the meaning of the
Evidence Act 1977, sections 103B and 103C; or(f)a charge for an offence prescribed under a regulation forthis definition.

prosecution means the person in charge of the prosecution ora person appearing for the prosecution.
recorded statement see the Evidence Act 1977, section 103A.
relevant charge means a charge against the accused person ina relevant proceeding, and includes any replacement or further
charge arising out of the proceeding or the same, or same setof, circumstances.
relevant proceeding means—(a)a committal proceeding; or(b)a prescribed summary trial; or(c)a trial on indictment.

sensitive evidence see section 590AF.
statement of a person means—(a)a statement signed by the person; or(b)a statement of the person that is potentially admissible
under the Evidence Act 1977, section 93A; or(c)any other representation of fact, whether in words orotherwise, made by the person.

view includes listen to.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 405

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AE]

590AE Meaning of possession of the prosecution(1) For a relevant proceeding, a thing is in the possession of theprosecution only if the thing is in the possession of theprosecution under subsection (2) or (3).
(2) A thing is in the possession of the prosecution if it is in thepossession of the arresting officer or a person appearing forthe prosecution.
(3) A thing is also in the possession of the prosecution if—(a)the thing is in the possession of—(i)for a prosecution conducted by the director of
public prosecutions—the director; or(ii) for a prosecution conducted by the police
service—the police service; and(b)the arresting officer or a person appearing for theprosecution—(i)

is aware of the existence of the thing; and(ii) is, or would be, able to locate the thing without
unreasonable effort.
590AF Meaning of sensitive evidence(1) Sensitive evidence means anything containing or displaying
an image of a person (the imaged person)—(a)that, disregarding the fact the thing was brought into
existence, or is in the possession of the prosecution, forthe purpose of providing evidence of an offence, isobscene or indecent; or(b)the disclosure of which to another person, without theimaged person’s consent, would interfere with theimaged person’s privacy.

Examples—•Page 406

a computer hard drive containing obscene or indecent images

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AFA]•

a photo of a naked rape victim taken to preserve evidence of thevictim’s condition at a particular time(2) Child exploitation material under chapter 22, or material
alleged to be child exploitation material, is sensitive evidence.
590AFA Meaning of Evidence Act section 93A device statement

An Evidence Act section 93A device statement means astatement—(a)made to a person investigating an alleged offence; and(b)contained in—(i)any disc, tape, sound track or other device
mentioned in paragraph (e) of the definition
document in the Evidence Act 1977, schedule 3
capable of reproducing sounds; or(ii) any film, negative, tape or other device mentioned
in paragraph (f) of the definition document in the
Evidence Act 1977, schedule 3; and(c)given in, or in anticipation of, a criminal proceedingabout the alleged offence; and(d)that is potentially admissible under the Evidence Act
1977, section 93A.

590AG Particular references to an accused person include
references to a lawyer acting for the accused person(1) A reference in this chapter division to giving or disclosing athing to an accused person includes a reference to giving or
disclosing the thing to a lawyer acting for the accused person.
(2) A reference in this chapter division to an accused person
viewing a thing includes a reference to a lawyer acting for theaccused person viewing the thing.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 407

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AH]

Chapter subdivision C

Disclosure

590AH Disclosure that must always be made(1) This section applies—(a)without limiting the prosecution’s obligation mentioned
in section 590AB(1); and(b)subject to section 590AC(1)(a) and chapter subdivision
D.

(2) For a relevant proceeding, the prosecution must give theaccused person each of the following—(a)a copy of the bench charge sheet, complaint or
indictment containing the charge against the person;(b)a copy of the accused person’s criminal history in thepossession of the prosecution;(c)a copy of any statement of the accused person in thepossession of the prosecution;(d)for each proposed witness for the prosecution who is, ormay be, an affected child—a written notice naming thewitness and describing why the proposed witness is, ormay be, an affected child;(e)for each proposed witness for the prosecution other thana proposed witness mentioned in paragraph (d)—(i)

a copy of any statement of the witness in thepossession of the prosecution; orExample—a statement made by a proposed witness for theprosecution in an audio recording of an interview(ii) if there is no statement of the witness in thepossession of the prosecution—a written noticenaming the witness;(f)
Page 408

if the prosecution intends to adduce evidence of arepresentation under the Evidence Act 1977,
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AH]

section 93B, a written notice stating that intention andthe matters mentioned in section 590C(2)(b) to (d);(g)

a copy of any report of any test or forensic procedure
relevant to the proceeding in the possession of theprosecution;
Examples of a forensic procedure—
DNA, fingerprint or another scientific identification procedure(h)a written notice describing any test or forensic
procedure, including a test or forensic procedure that is
not yet completed, on which the prosecution intends torely at the proceeding;(i)a written notice describing any original evidence on
which the prosecution intends to rely at the proceeding;(j)a copy of anything else on which the prosecution intends
to rely at the proceeding;(k)a written notice or copy of anything else in possession of
the prosecution prescribed under a regulation.

(3) Also, for a relevant proceeding or a summary proceedingunder the Justices Act 1886 for an accused person who ischarged with a domestic violence offence, the prosecution
must give the accused person a copy of the person’s domestic
violence history in the possession of the prosecution.
(4) In this section—
domestic violence history, of a person, means a document thatstates—(a)each of the following, within the meaning of theDomestic and Family Violence Protection Act 2012—(i)a domestic violence order or recognised interstateorder made against the person;(ii) a police protection notice issued against theperson; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 409

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AI](b)each domestic violence order made against the person
under the repealed Domestic and Family Violence
Protection Act 1989.

domestic violence offence includes an offence against theDomestic and Family Violence Protection Act 2012, part 7.
Note—
See also the definition of domestic violence offence in section 1.

590AI When mandatory disclosure must be made(1) This section applies if—(a)the prosecution must give an accused person a written
notice or copy of a thing under section 590AH(2); or(b)

the prosecution must give an accused person a written
notice of a thing under section 590AO(2), 590AOA(2)or 590AOB(3) and, apart from sections 590AO,
590AOA and 590AOB, the prosecution would have togive the accused person a copy of the thing under
section 590AH(2).

(2) The prosecution must give the accused person the written
notice or copy—(a)for a committal proceeding or prescribed summary
trial—at least 14 days before the date set by the court forthe commencement of the hearing of evidence; or(b)for a trial on indictment—no more than 28 days after
presentation of the indictment, or if the trial starts lessthan 28 days after presentation of the indictment, before
evidence starts to be heard at the trial.

(3) Subsection (2) is not intended to discourage the prosecution
from voluntarily giving the accused person the written noticeor copy at a time before the latest time the subsection may becomplied with.
Note—
An administrative arrangement made under section 706A
(Development of administrative arrangements) might provide for the
Page 410

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AJ]

prosecution’s agreement to a form of staged disclosure that will ensure
an accused person is provided with at least part of the material that must
be disclosed under section 590AH within a period stated in thearrangement that is shorter than the period stated in subsection (2).

(4) The court may, at any time, shorten the period mentioned insubsection (2)(a) or extend the period mentioned insubsection (2)(b).
(5) If the relevant proceeding is a committal proceeding, the court
may set a date to have effect under subsection (2)(a) as thedate for the commencement of hearing of evidence in theproceeding even if, having regard to the Justices Act 1886,
section 110A, it will or may be the case that no witness willappear at the proceeding to give oral evidence.
590AJ Disclosure that must be made on request(1) This section applies—(a)without limiting the prosecution’s obligation mentioned
in section 590AB(1); and(b)subject to section 590AC(1)(a) and chapter subdivision
D.

(2) For a relevant proceeding, the prosecution must, on request,
give the accused person—(a)particulars if a proposed witness for the prosecution is,or may be, an affected child; and(b)a copy of the criminal history of a proposed witness forthe prosecution in the possession of the prosecution; and(c)a copy or notice of any thing in the possession of theprosecution that may reasonably be considered to be
adverse to the reliability or credibility of a proposed
witness for the prosecution; and(d)notice of any thing in the possession of the prosecutionthat may tend to raise an issue about the competence ofa proposed witness for the prosecution to give evidence
in the proceeding; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 411

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AK](e)a copy of any statement of any person relevant to theproceeding and in the possession of the prosecution but
on which the prosecution does not intend to rely at theproceeding; and(f)a copy or notice of any other thing in the possession of
the prosecution that is relevant to the proceeding but on
which the prosecution does not intend to rely at theproceeding.
Example of any other thing—a transcript of a recorded statement(3) If the prosecution gives notice of a thing under subsection (2)that is not original evidence, the prosecution must advise theaccused person that the thing may be viewed on request by theaccused person at a stated place.
(4) In this section—
particulars means particulars of a matter alleged in the benchcharge sheet, complaint or indictment containing the charge
against the accused person.
590AK When requested disclosure must be made(1) This section applies if—(a)an accused person requests particulars or a copy ornotice of a thing under section 590AJ(2); and(b)either—(i)

the prosecution must give the accused person
particulars or a copy or notice of the thing under
section 590AJ(2); or(ii) the prosecution must give the accused person
written notice of the thing under section 590AO(2),590AOA(2) or 590AOB(3) and, apart fromsections 590AO, 590AOA and 590AOB, theprosecution would have to give the accused person
a copy of the thing under section 590AJ(2).
Page 412

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AL](2) The prosecution must give the accused person the particulars,
copy or notice as soon as practicable after the request is made.
590AL Ongoing obligation to disclose(1) If the prosecution can not comply with a time requirement
because the thing to be disclosed was not in the possession of
the prosecution in sufficient time, including, for example,
because the thing did not exist at the time, the prosecution
must disclose the thing to the accused person as soon aspracticable after it comes into the possession of theprosecution.
(2) The obligation to disclose a thing, other than an exculpatory
thing, to the accused person continues despite a failure tocomply with a time requirement or subsection (1) until theprosecution ends, whether by the accused person being
discharged, acquitted or convicted, or in another way.
(3) If a thing is an exculpatory thing, the obligation to disclose it
to the accused person continues despite a failure to comply
with a time requirement or subsection (1) until 1 of thefollowing happens—(a)

the accused person is discharged or acquitted;(b)

the accused person dies.

(4) In this section—
time requirement means a requirement under section 590AI
or 590AK.
590AM How disclosure may be made(1) If a written notice or copy of a thing must or may be given to
the accused person under this chapter division, it is sufficient
for—
(a)

a document advising that the written notice or copy of
the thing is available for collection at a stated place to beserved on the accused person—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 413

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AN](i)

if a lawyer acts for the accused person—at thelawyer’s address for service; or(ii) otherwise—at the accused person’s place ofbusiness, or residential address, last known to theprosecution; and(b)

the written notice or copy of the thing to be available forcollection at the stated place.

(2) If notice of a thing must or may be given to the accused
person under this chapter division, it is sufficient for notice tobe given in a way the prosecution considers appropriate.
Example—If the prosecution considers it appropriate, notice may be given byphone to the lawyer acting for the accused person or in writing madeavailable under subsection (1).

Chapter subdivision D

Limitations on disclosure

590AN Limit on disclosure of things accused person already has

The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person
anything the accused person or a lawyer acting for the accused
person already possesses or has already been given by theprosecution.
Example—The prosecution is not required to give the accused person a copy of acomplaint or indictment already given to the accused person or a copyof depositions already given to the accused person under section 705.

590AO Limit on disclosure of sensitive evidence(1AA) This section does not apply to an Evidence Act section 93A
device statement or a recorded statement.
(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person a copy
Page 414

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AO]

of a thing the prosecution reasonably considers to be sensitive
evidence other than as required under this section.
(2) If—(a)apart from this section, the prosecution would have togive the accused person a copy of the thing; and(b)the prosecution does not give the accused person a copyof the thing;then the prosecution must give the accused person a written
notice—(c)describing the thing; and(d)stating that the prosecution—(i)

considers the thing to be sensitive evidence; and(ii) is not required to give the accused person a copy of
the thing other than as required under this section;and(e)

if the thing is not original evidence, stating the place
where the accused person may, on request, view thething for the purposes of the relevant proceeding; and(f)

if the thing is original evidence, stating that theprosecution may, on request, allow an appropriate
person to view and examine the thing for the purposes of
the relevant proceeding at a stated place—(i)under the supervision of the prosecution; and(ii) subject to any other conditions the prosecution
considers appropriate to ensure—(A)

the thing will only be viewed and examined
for a legitimate purpose connected with therelevant proceeding; and(B)

there is no unauthorised reproduction or
circulation of the thing; and(C)

the integrity of the thing is protected.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 415

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AO](3) If the thing is original evidence, the court may direct that theprosecution allow an appropriate person to view and examine
the thing for the purposes of the proceeding subject to theconditions the court considers appropriate.
(4) The court may make the direction under subsection (3) only if
the court is satisfied the terms of the direction can ensure—(a)the thing will only be viewed and examined for alegitimate purpose connected with the relevant
proceeding; and(b)there is no unauthorised reproduction or circulation of
the thing; and(c)the integrity of the thing is protected.

(5) Also, the court may direct that the prosecution give theaccused person a copy of the thing (whether or not the thing is
original evidence).
(6) The court may make the direction under subsection (5) only
if—(a)the accused person satisfies the court a legitimate
purpose is achieved by the accused person being given a
copy of the thing; and(b)the court is satisfied the terms of the direction canensure there is no unauthorised reproduction or
circulation of the thing.

(7) If, under subsection (5), the court directs the prosecution to
give the accused person a copy of the thing, the court may also
direct that the accused person return the copy of the thing to
the prosecution within the period stated in the direction to theaccused person.
(8) In this section—
appropriate person means—

Page 416(a)the accused person; or(b)a lawyer acting for the accused person; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOA](c)another person engaged by the accused person if theprosecution or court considers it is appropriate for theother person to view or examine the thing.

590AOA Evidence Act section 93A device statement(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person a copyof an Evidence Act section 93A device statement (thestatement) other than as required under this section.
(2) If—(a)apart from this section, the prosecution would have togive the accused person a copy of the statement; and(b)the prosecution does not give the accused person a copyof the statement;

then the prosecution must give the accused person a written
notice—(c)describing the statement; and(d)stating that the prosecution—(i)

considers the statement to be an Evidence Act
section 93A device statement; and(ii) is not required to give the accused person a copy ofthe statement other than as required under thissection; and(e)stating the matters mentioned in subsection (3) or (6),whichever is applicable.

(3) If the accused person has a lawyer acting for him or her, thenotice must state that the prosecution will give a lawyer acting
for the accused person a copy of the statement (the copy) on
the following conditions—(a)that the lawyer must not give the copy to the accused
person or anyone else other than the following—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 417

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOA](i)a lawyer acting for the accused person or to whom
the copy is referred for particular advice;(ii) a person, other than a lawyer, to whom the copy isreferred for particular expert advice;(iii) an associate of the lawyer to the extent necessary
for work to be done for the lawyer in relation to therelevant proceeding or a proceeding for a relevantcharge in the ordinary practice of the law;(b)that any lawyer acting for the accused person, other thanthe lawyer to whom the prosecution gives the copy, must
not give the copy to the accused person or anyone else
other than the persons mentioned in paragraph (a)(ii) or(a)(iii);(c)that a person who is given the copy under paragraph (a)or (b), other than a lawyer mentioned in the paragraph,must not give the copy to the accused person or anyone
else who is not a lawyer acting for the accused person;(d)that the copy held by the lawyer to whom it was givenby the prosecution, or held by anyone else to whom thecopy has been given under this section—(i)must not be copied; and(ii) must be returned to the prosecution within 14 days
after—(A)

the lawyer or other person stops being
someone who may be given the copy under
this section; orExample—A lawyer may stop acting for the accused person.

(B)
(e)

Page 418

the end of the proceedings for the relevantcharge;that the copy may only be given to another person inaccordance with the conditions mentioned in paragraphs(a) to (d) for a legitimate purpose connected with theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOA]

relevant proceeding or a proceeding for a relevantcharge.
(4) If the original statement is a visual image device and the copy
to be given by the prosecution under the notice is only a sounddevice, the court may direct the prosecution to give a copy thatis a visual image device.
(5) The court may make a direction under subsection (4) only if it
is satisfied the terms of the direction can ensure—(a)the copy will only be viewed for a legitimate purpose
connected with the relevant proceeding; and(b)there is no unauthorised copying or circulation of thecopy.

(6) If the accused person does not have a lawyer acting for him orher, the notice must state that—(a)the prosecution will not give the statement (whether theoriginal or copy) to the accused person; and(b)the prosecution will, on request, allow an appropriate
person to view the statement, either the original or a
copy as stated in the notice for the purposes of therelevant proceeding at a stated place.

(7) If the prosecution refuses to accept a person, nominated by theaccused person under paragraph (c) of the definition
appropriate person, as an appropriate person for
subsection (6)(b), the court may direct the prosecution toaccept the person as an appropriate person for
subsection (6)(b), subject to the conditions the court considers
appropriate.
(8) The court may make the direction under subsection (7) only if
the court is satisfied the terms of the direction can ensure—(a)the statement will only be viewed for a legitimate
purpose connected with the relevant proceeding; and(b)there is no unauthorised copying or circulation of thestatement; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 419

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOA](c)

if the original statement is to be viewed—the integrity ofthe statement is protected.

(9) For the Evidence Act 1977, section 93AA(2)(a), it is declaredthat an act done in contravention of a condition imposed by anotice under subsection (3) or a direction under subsection (5)or (7) is not done for a legitimate purpose related to therelevant proceeding.
(10) For subsection (3)(d)(i) or (8)(b), it is declared that themaking of a transcript of the contents of the statement is not
the making of a copy of the statement to which the Evidence
Act 1977, section 93AA(1)(c) applies.
(11) In this section—
appropriate person means—(a)the accused person; or(b)a lawyer mentioned in the Evidence Act 1977,
section 21O(4); or(c)another person engaged by the accused person if theprosecution or court considers it is appropriate for theother person to view the thing.
Examples of persons prosecution may consider appropriate—•interpreter•

expertcopy, of the statement, in subsections (3) and (6) means a
copy of the original statement in the form of—(a)a device of similar function to the original device
containing a copy of the statement; or(b)

if the original statement is in the form of a visual image
device—any sound device capable of reproducing asoundtrack of the visual image device;

and includes any additional copy provided by the prosecution
for convenience.
sound
devicemeans
section 590AFA(b)(i).
Page 420adevicementionedin

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOB]

visual image device means a device mentioned in
section 590AFA(b)(ii).
590AOB Disclosure of recorded statement(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person a copyof a recorded statement other than as required under thissection.
(2) Subsection (3) applies if—(a)other than for this section, the prosecution would have togive the accused person a copy of a recorded statement;
and

(b)

the prosecution does not give the accused person a copyof the statement.

(3) The prosecution must give the accused person a written
notice—(a)describing the recorded statement; and(b)stating that the prosecution—(i)

considers the statement to be a recorded statement;and(ii) is not required to give the accused person a copy ofthe statement other than as required under thissection; and(c)stating the matters mentioned in subsection (4) or (5),whichever is applicable.

(4) If the accused person has a lawyer acting for the person, thenotice must state that the prosecution will give a lawyer acting
for the accused person a copy of the recorded statement on thefollowing conditions—(a)that the lawyer must not give the copy to the accused
person or anyone else other than the following—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 421

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOB](i)a lawyer acting for the accused person or to whom
the copy is referred for particular advice;(ii) a person, other than a lawyer, to whom the copy isreferred for particular expert advice;(iii) an associate of the lawyer to the extent necessary
for work to be done for the lawyer in relation to therelevant proceeding or a proceeding for a relevantcharge in the ordinary practice of the law;(b)that any lawyer acting for the accused person, other thanthe lawyer to whom the prosecution gives the copy, must
not give the copy to the accused person or anyone else
other than the persons mentioned in paragraph (a)(ii) or(iii);(c)that a person who is given the copy under paragraph (a)or (b), other than a lawyer mentioned in the paragraph,must not give the copy to the accused person or anyone
else who is not a lawyer acting for the accused person;(d)that the copy held by the lawyer to whom it was givenby the prosecution, or held by anyone else to whom thecopy has been given under this section—(i)must not be copied; and(ii) must be returned to the prosecution within 14 days
after—(A)

the lawyer or other person stops being
someone who may be given the copy under
this section; orExample—A lawyer may stop acting for the accused person.

(B)
(e)

Page 422

the end of the proceedings for the relevantcharge;that the copy may only be given to another person inaccordance with the conditions mentioned in paragraphs(a) to (d) for a legitimate purpose connected with theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AOB]

relevant proceeding or a proceeding for a relevantcharge.
(5) If the accused person does not have a lawyer acting for the
person, the notice must state that—(a)the prosecution will not give the recorded statement(whether the original or a copy) to the accused person;
and

(b)

the prosecution will, on request, allow an appropriate
person to view the statement, either the original or a
copy as stated in the notice, for the purposes of therelevant proceeding at a stated place; and(c)the prosecution must, on request, give the accused
person a transcript of the recorded statement that is in
the possession of the prosecution.

(6) If the prosecution refuses to accept a person nominated by theaccused person as an appropriate person for subsection (5)(b),the court may direct the prosecution to accept the person as an
appropriate person for subsection (5)(b), subject to theconditions the court considers appropriate.
(7) The court may make the direction under subsection (6) only if
the court is satisfied the terms of the direction can ensure—(a)the recorded statement will only be viewed for alegitimate purpose connected with the relevant
proceeding; and(b)

an offence against the Evidence Act 1977, section 103Q
or 103S will not be committed; and(c)if the original recorded statement is to be viewed—the
integrity of the statement is protected.

(8) For the Evidence Act 1977, section 103Q(2)(a), it is declaredthat an act done in contravention of a condition imposed by anotice under subsection (4) or a direction under subsection (6)is not done for a legitimate purpose related to the domestic
violence proceeding.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 423

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AP](9) For subsection (4)(d)(i) or (7)(b), it is declared that making atranscript of the contents of the recorded statement is not
making a copy of the statement for the Evidence Act 1977,
section 103Q(1)(c).
(10) In this section, a reference to a recorded statement includes, if
the context permits, a reference to a lawfully edited copy of arecorded statement under the Evidence Act 1977, schedule 3.
(11) In this section—
appropriate person, to view a recorded statement, means—(a)the accused person; or(b)a lawyer mentioned in the Evidence Act 1977,
section 21O(4) or another lawyer who is providing legal
advice or assistance to the accused person; or(c)another person engaged by the accused person if theprosecution or court considers it is appropriate for theother person to view the recorded statement.
Examples of persons the prosecution may consider appropriate—•

an interpreter•an expert

copy, of a recorded statement, for subsections (4) and (5)—(a)

means a copy of the original recorded statement in theform of a videorecording under the Evidence Act 1977;
and

(b)

includes any additional copy of the recorded statement
provided by the prosecution for convenience but does
not include a transcript of the recorded statement.

590AP Limit on disclosure of witness contact details(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person awitness contact detail other than as required under thissection.
Page 424

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AP](2) The prosecution must give the accused person a witness
contact detail that is materially relevant as part of the evidence
for the relevant proceeding.
Example 1—
If the alleged offence is breaking and entering a dwelling and a
proposed witness was the occupant of the dwelling when the offence
allegedly happened, the address of the proposed witness when theoffence allegedly happened would be materially relevant as part of theevidence.
Example 2—
If the alleged offence is unlawful stalking, intimidation, harassment orabuse involving contacting the stalked person by telephone, thetelephone number of the stalked person when the offence allegedly
happened would be materially relevant as part of the evidence.

(3) However, the court may direct that another witness contact
detail be given to the accused person.
(4) The court may make the direction only if—(a)the accused person satisfies the court a legitimate
purpose is achieved by the witness contact detail being
given to the accused person; and(b)the court is satisfied that giving the detail is not likely topresent a reasonably ascertainable risk to the welfare orprotection of any person.

(5) A witness contact detail the prosecution is not required to givethe accused person may be deleted from, or rendered illegible
in, a thing that is to be disclosed to, or may be viewed by, theaccused person.
(6) Although it is acknowledged that a person is not obliged tohave contact with the defence, nothing in this section isintended to discourage the prosecution, at the request of the
defence, from voluntarily passing on to a person a requestfrom the defence that the person contact the defence.
(7) In this section—
witness contact details include details of the address andtelephone and facsimile number of a proposed witness for theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 425

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590APA]

prosecution or a person a copy of whose statement may be
given to the accused person under section 590AJ(2)(e).
590APA Protected counselling communications(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to give the accused person a copyof a document if the prosecution reasonably considers the
document is a protected counselling communication.
(2) Subsection (1) does not apply if—(a)for a relevant proceeding to which the Evidence Act
1977, part 2, division 2A, subdivision 3 applies—the
document is produced by leave of the court under that
subdivision; or(b)the counselled person to whom the protected
counselling communication relates has consented to the
production of the document in the proceeding under the
Evidence Act 1977, section 14I; or(c)the document may be produced under the Evidence Act
1977, section 14J.

(3) If the prosecution reasonably considers subsection (1) applies
to a document and, apart from this section, the prosecution
would have to give the accused person a copy of the
document, the prosecution must give the accused person awritten notice stating—(a)that the prosecution is in possession of a document thatit considers is a protected counselling communication
the disclosure of which is prevented by the Evidence Act
1977, part 2, division 2A; and(b)a description of the nature and particulars of the
document (other than particulars disclosing the content
of the protected counselling communication); andExample of particulars—
the fact the document contains a counsellor’s notes, the identityof the counsellor and the date the notes were madePage 426

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AQ](c)that the counselled person to whom the document
relates has not consented to the production of the
document; and(d)if the relevant proceeding is a proceeding to which the
Evidence Act 1977, part 2, division 2A, subdivision 3
applies—that the accused person may apply to the court
for leave under that subdivision enabling the document
to be produced.

(4) In this section—
counselled person see the Evidence Act 1977, section 14B.
protected counselling communication see the Evidence Act
1977, section 14A.
590AQ Limit on disclosure contrary to the public interest(1) The prosecution is not, for a relevant proceeding, required
under this chapter division to disclose to the accused person athing, other than as required under this section, if theprosecution—(a)considers the disclosure would be contrary to the public
interest; and(b)gives the accused person a written notice stating that theprosecution—(i)

considers the disclosure would be contrary to the
public interest; and(ii) is not required to disclose the thing to the accused
person other than as required under this section.
(2) Without limiting subsection (1)(a), the prosecution is not
required to disclose the thing to the accused person if—(a)there are reasonable grounds for considering disclosureof the thing would—(i)prejudice the security, defence or international
relations of Australia; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 427

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AQ](ii) damage relations between the Commonwealth anda State or between 2 or more States; or(iii) facilitate the commission of another offence; or(iv) prejudice the prevention,prosecution of an offence; orinvestigationor(v) prejudice the usefulness of surveillance or otherdetection methods; or(vi) disclose, or enable a person to find out, theexistence or identity of a confidential source of
information relating to the enforcement oradministration of a law of the Commonwealth or a
State; or(vii) cause unlawful or dishonest interference withpotential witnesses; or(viii) prejudice the proper functioning of the governmentof the Commonwealth or a State; or(b)disclosure of the thing to the accused person isprohibited by law.
Example for paragraph (b)—disclosure of an informer’s identity under the Drugs Misuse Act
1986, section 119(3) However, unless disclosure to the accused person of the thingis prohibited by law, the court may direct that the thing bedisclosed to the accused person.
(4) The court may make a direction only if the court is satisfied,on balance, that disclosing the thing to the accused person is
not contrary to the public interest.
(5) In deciding whether to make a direction, the court may inform
itself in any way it considers appropriate.
(6) Without limiting the matters the court may take into accountin deciding whether to make a direction, the court must take
into account the following matters—

Page 428

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AR](a)the importance of the thing in the relevant proceeding,including, for example, whether the thing is an
exculpatory thing;(b)the nature of the offence;(c)the likely effect of disclosing the thing and how
publication of the thing may be limited;(d)whether the substance of the thing has already been
published.

(7) In this section—
State includes a Territory.

Chapter subdivision E

Viewing

590AR Viewing evidence that is not original evidence

If—
(a)

advice is given under section 590AJ(3); or(b)

notice is given
590AOA(6);undersection 590AO(2)(e)orof a place where the accused person or appropriate personmay, on request, view a thing, the prosecution must allow theaccused person or appropriate person, on request, to view thething at the place for the purposes of the relevant proceeding.
590AS Viewing particular original evidence—generally(1) This section applies if a thing that is original evidence, and is
not the body of a deceased person, sensitive evidence, an
Evidence Act section 93A device statement or a recorded
statement, is disclosed to an accused person under
section 590AH(2)(i) or 590AJ.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 429

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AS]

Notes—
1

For the viewing of original evidence that is the body of a deceased
person, see section 590ASA.

2

For the viewing of original evidence that is sensitive evidence, seesection 590AO(2)(f), (3) and (4).

(2) The prosecution is not required to allow the accused person toview or examine the thing for the relevant proceeding otherthan as required under this section.
(3) The prosecution may, on request, allow an appropriate person
to view or examine the thing for the purposes of the relevant
proceeding—(a)under the supervision of the prosecution; and(b)subject to any other conditions the prosecution considers
appropriate to protect the integrity of the thing.

(4) Also, the court may direct that the prosecution allow anappropriate person to view and examine the thing for the
purposes of the proceeding subject to the conditions the court
considers appropriate to protect the integrity of the thing.
(5) The court may make the direction only if the court is satisfied
the terms of the direction can ensure the integrity of the thingis protected.
(6) In this section—
appropriate person means—(a)the accused person; or(b)a lawyer acting for the accused person; or(c)another person engaged by the accused person if theprosecution or court considers it is appropriate for theother person to view or examine the thing.

body see the Coroners Act 2003, schedule 2.

Page 430

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590ASA]

590ASA Viewing bodies of deceased persons(1) This section applies if the body of a deceased person that isoriginal evidence is disclosed to an accused person under
section 590AH(2)(i) or 590AJ.
(2) The prosecution is not required to allow the accused person toview or examine the body for the relevant proceeding otherthan as required under this section.
(3) The prosecution may, on request, allow a permitted person toview, or an appropriate person to view or examine, the bodyfor the purposes of the relevant proceeding—(a)under the supervision of the prosecution; and(b)subject to any other conditions the prosecution considers
appropriate—(i)to protect the integrity of the body; and(ii) to ensure the release of the body for burial under
the Coroners Act 2003, section 26 is notunnecessarily delayed.
(4) The court may direct that the prosecution allow a permitted
person to view, or an appropriate person to view or examine,
the body for the purposes of the relevant proceeding subject tothe conditions the court considers appropriate—(a)to protect the integrity of the body; and(b)to ensure the release of the body for burial under theCoroners Act 2003, section 26 is not unnecessarily
delayed.

(5) The court may make the direction only if satisfied the terms ofthe direction can ensure—(a)the integrity of the body is protected; and(b)

the release of the body for burial under the Coroners Act
2003, section 26 is not unnecessarily delayed.

(6) In this section—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 431

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AT]

appropriate person means a person engaged by the accused
person, other than a lawyer acting for the accused person, if
the prosecution or court considers it is appropriate for the
person to view or examine the body.
Examples of an appropriate person—•a person appointed as a DNA analyst under the Evidence Act 1977,
section 133A•a person employed by an accredited laboratory, as defined under
the Police Powers and Responsibilities Act 2000, section 488B,
who has appropriate qualifications and experience in DNA analysis

body see the Coroners Act 2003, schedule 2.
permitted person means—(a)

if a lawyer is acting for the accused person—the lawyer;or(b)otherwise—the accused person.

Chapter subdivision F

Miscellaneous provisions

590AT Accused person may waive entitlement(1) An accused person may waive any or all entitlements theaccused person would otherwise have under this chapter
division.
(2) The waiver must be in writing and be given to the prosecution.
590AU Court may waive requirement

A court may waive any requirement imposed by this chapter
division in relation to a relevant proceeding if it is satisfied
there is a good reason for waiving the requirement and thatwaiving the requirement will not result in a miscarriage ofjustice.

Page 432

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590AV]

590AV Disclosure directions under particular provisions(1) The court may make a disclosure direction on the court’s own
initiative or on an application made by the accused person.
(2) The court may make a disclosure direction on the conditions,
whether about the circumstances of disclosure or otherwise, it
considers appropriate.
(3) Without limiting subsection (2), the court may make adisclosure direction on condition that—(a)partial disclosure only be made; or(b)disclosure only be made to a lawyer acting for theaccused person; or(c)particular persons are excluded from the room in which
the court is sitting for all or part of the proceedings; or(d)reporting of the proceedings be limited in a particularway.

(4) In this section—
disclosure direction means a direction for a relevant
proceeding under section 590AO, 590AOA, 590AOB, 590AP,
590AQ, 590AS or 590ASA.
590AW When issues about disclosure must be resolved

Any issue about compliance with this chapter division must, if
possible, be resolved before evidence starts to be heard at therelevant proceeding.
590AX Unauthorised copying of sensitive evidence(1) A person in possession of sensitive evidence for the purposesof a relevant proceeding commits an offence if, withoutauthority, the person copies or permits a person to copy thesensitive evidence.
Maximum penalty—100
imprisonment.

penalty

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

units

or

2

years
Page 433

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590A](2) A person has possession of sensitive evidence for the purposesof a relevant proceeding only if—(a)the sensitive evidence was given to the person under thischapter division; or(b)the sensitive evidence came into the person’s possession
directly or incidentally, including by an opportunity
given, because the person is a public official.

(3) A person has authority only if the person copies or permits aperson to copy sensitive evidence for a legitimate purpose
connected with a proceeding.
(4) In this section—
public official includes—(a)a police officer; and(b)a person appointed, engaged or employed under the
Director of Public Prosecutions Act 1984.

Chapter division 4

Disclosure by an accused
person590A Notice of alibi(1) An accused person shall not upon the person’s trial on
indictment, without the leave of the court, adduce evidence insupport of an alibi unless, before the expiration of theprescribed period, the person gives notice of particulars of thealibi.
(2) An accused person shall not upon the person’s trial on
indictment, without the leave of the court, call any otherperson to give evidence in support of an alibi unless—(a)Page 434

the notice under subsection (1) includes the name andaddress of the person or, if the name or address is notknown to the accused person at the time the accused
person gives the notice, any information in the accused
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590A]

person’s possession that may be of material assistance inlocating the person; or(b)where the name or address is not included in the notice,
the court is satisfied that the accused person, before
giving the notice, took and thereafter continued to takeall reasonable steps to secure that the name or address
would be ascertained; or(c)where the name or address is not included in the noticeand the accused person subsequently discovers the nameor address or receives other information that may be ofmaterial assistance in locating the person, the accused
person gives notice forthwith of the name, address or, as
the case may be, other information; or(d)where the accused person is notified by or on behalf ofthe director of public prosecutions that the person has
not been traced by the name or located at the address
given, the accused person gives notice forthwith of any
information then in the accused person’s possession orsubsequently received by the accused person that may
be of material assistance in locating the person.

(3) The court shall not refuse leave under this section if it appears
to the court that the accused person was not, upon the accused
person’s committal for trial, informed by the justices of therequirements of this section.
(4) Evidence tendered to disprove an alibi may, subject to a
direction by the court, be given before or after evidence isgiven in support of the alibi.
(5) A notice purporting to be given under this section on behalf of
the accused person by the person’s solicitor shall, until thecontrary is proved, be deemed to be given with the authorityof the accused person.
(6) A notice under this section—(a)shall be in writing; and(b)shall be given to the director of public prosecutions; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 435

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590B](c)shall be duly given if it is delivered to or left at the
Office of the Director of Public Prosecutions or sent bycertified mail addressed to the director of publicprosecutions at the director’s office.

(7) In this section—evidence in support of an alibi means evidence tending toshow that by reason of the presence of the accused person at aparticular place or in a particular area at a particular time theaccused person was not, or was unlikely to have been, at theplace where the offence is alleged to have been committed at
the time of its alleged commission.
the prescribed period means the period of 14 days after thedate of the committal for trial of the accused person.
590B Advance notice of expert evidence(1) If an accused person intends to adduce expert evidence inrelation to an issue in the person’s trial, the person must—(a)as soon as practicable—give the other parties to the trial
written notice of the name of the expert, and any findingor opinion he or she proposes to adduce; and(b)

as soon as practicable before the trial date—give theother parties to the proceeding a copy of the expert
report on which the finding or opinion is based.

(2) The directions judge under section 590AA or trial judge may
fix times for compliance with subsection (1).
590C Advance notice of representation if person who made it isunavailable(1) If an accused person intends to adduce evidence of arepresentation under the Evidence Act 1977, section 93B, theaccused person must, as soon as practicable before theperson’s trial date, give each of the other parties to the trial
written notice of the person’s intention.
Page 436

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590D](2) The notice must state—(a)the accused person intends to adduce evidence of arepresentation under the Evidence Act 1977,
section 93B; and(b)the name of the person with personal knowledge of anasserted fact who made a representation and the reason
the person is unavailable to give evidence about theasserted fact; and(c)the name of the person who saw, heard or otherwise
perceived the representation; and(d)details of the representation and the circumstances inwhich it was made.

(3) The directions judge under section 590AA or trial judge may
fix a time for compliance with subsection (1).

Chapter division 4A

Disclosure obligation
directions

590D Purpose and scope of ch div 4A(1) This chapter division makes particular provision fordisclosure obligation directions.
(2) This chapter division does not affect—(a)any other power a court has in relation to a failure tocomply with a disclosure obligation, including, forexample, to exclude evidence if it would be unfair to an
accused person to admit the evidence; or(b)

any other action that may be taken against a party inrelation to a failure to comply with a disclosure
obligation.

(3) This chapter division does not limit the making of practicedirections by the Chief Justice or Chief Judge about disclosurein a proceeding.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 437

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590E]

590E Definitions for ch div 4A

In this chapter division—arresting officer has the same meaning it has in chapter
division 3.
disclosure obligation means—(a)the obligation of the prosecution, for the purposes of a
relevant proceeding under chapter division 3, to comply
with the requirements of that chapter division fordisclosure, other than the obligation to comply with adisclosure direction as defined in section 590AV; or(b)the obligation of an accused person to comply withrequirements of chapter division 4 for disclosure.

disclosure obligation direction means a direction or rulingunder section 590AA(2)(ba), to the extent it relates tocompliance with a disclosure obligation.
party, to a proceeding, means—(a)an accused person who is charged with an offence thesubject of the proceeding; or(b)

the prosecution in relation to an offence the subject ofthe proceeding.

prosecution has the same meaning it has in chapter division 3.
590F

Subject matter for disclosure obligation direction(1) A disclosure obligation direction may provide for any of thefollowing—

Page 438(a)whether a party to a proceeding has a disclosure
obligation in relation to another party to the proceeding;(b)requiring that a particular thing must be disclosed;(c)allowing the court to inspect a particular thing to decide
whether the court should further direct that a party has adisclosure obligation in relation to the thing;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590F](d)allowing the court to examine the arresting officer todecide whether the prosecution has a disclosure
obligation in relation to a particular thing;(e)requiring that the arresting officer file an affidavit toallow the court to decide whether the prosecution has adisclosure obligation in relation to a particular thing;(f)allowing the accused person or a lawyer acting for theaccused person to cross-examine the arresting officer on
an affidavit mentioned in paragraph (e) to allow the
court to decide whether the prosecution has a disclosure
obligation in relation to a particular thing;(g)

how a disclosure obligation is to be complied with in aparticular case;(h)setting a timetable for compliance with a disclosure
obligation.

(2) Subsection (1) does not limit section 590AA(2)(ba).
(3) The court may make a disclosure obligation direction on theconditions, whether about the circumstances of disclosure orotherwise, it considers appropriate.
(4) If a date is set for the commencement of the hearing ofevidence in the proceeding, any examination or
cross-examination allowed for in a disclosure obligation
direction must be conducted before that date.
(5) If a person is examined by the court as provided for insubsection (1)(d), required to file an affidavit as provided forin subsection (1)(e) or cross-examined as provided for insubsection (1)(f), the person is not excused from failing toanswer a question or file an affidavit on the ground that theanswer or affidavit might tend to incriminate the person
because the person would be required to admit to a failure tocomply with a disclosure obligation.
(6) However, the answer or affidavit is not admissible against theperson in a criminal proceeding, other than a perjury
proceeding in relation to the answer or affidavit.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 439

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 590G](7) In this section—
perjury proceeding, in relation to an answer or affidavit,
means a proceeding in which the falsity or misleading natureof the answer or affidavit is relevant.
590G Application for disclosure obligation direction(1) The procedures applying in relation to an application under
section 590AA(1) by a party to a proceeding for a disclosure
obligation direction are stated in the Criminal Practice
Rules 1999, chapter 9A.
(2) To the greatest practicable extent, the procedures apply in
addition to, and do not limit, the procedures applying under
the Criminal Practice Rules 1999, chapter 9.
(3) The existence of the procedures mentioned in subsection (1) is
not intended to stop either party to a proceeding from writing
to, or otherwise communicating information to, the otherparty to resolve issues arising over a disclosure obligation.

Chapter division 5

591

Bringing on trial andordering adjournment

Accelerating trial of persons not under committal

When an indictment is presented in any court against any
person who has not been committed for trial or held to bailupon the charge set forth in the indictment, and the accused
person is not brought to trial within a year after the indictment
is presented, the court may, upon the application of theaccused person or any of the accused persons, if more than 1,
authorise the accused person to bring on the trial, and theaccused person may bring on the trial accordingly, unless inthe meantime the court is informed that the Crown will notfurther proceed upon the indictment.

Page 440

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 592]

592

Adjournment of trial(1) The court to which a person has been committed or remanded
for trial on indictment or before which an indictment ispresented may, if it thinks fit, adjourn the trial and may
remand the accused person accordingly.
(1A) A trial may be adjourned whether or not—(a)the accused person is present; or(b)the accused person has been called upon to plead to theindictment; or(c)a jury has been sworn; or(d)evidence has been given.

(2) The Crown shall, where it is proposed to make application for
an adjournment in the absence of an accused person who isdetained in a place of legal detention, notify in writing that
accused person—(a)that the application is to be made and the nature, date,time and place thereof; and(b)that the accused person may furnish to the court astatement in writing in relation to the application; and(c)that the accused person may be represented by counsel
on the hearing of the application.

(3) For the purposes of this section—
adjourn the trial includes postpone the trial in a case where
the accused person has not been called upon to plead to theindictment.
593

Directions as to trial upon adjournment(1) Where the trial of a person charged or to be charged with an
offence on indictment is adjourned, the court in open court
may direct the trial to be held at a later sittings of the same
court or before some other court of competent jurisdiction.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 441

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 593A](1A) Upon a direction in the latter case, the indictment and otherproceedings shall be transmitted by the proper officer of thecourt giving the direction to the proper officer of the court towhich the accused person is remanded and the latter court has
the same jurisdiction to try the accused person as if the person
had been committed originally to be tried before it.
(2) Where the court directs a trial to be held at a later sittings ofthe same court, it shall at the same time pronounce the timeand place for the commencement of the sittings to which thetrial is adjourned.
593A Warrant to bring witness before court(1) This section applies if an indictment has been presented
against a person before a court.
(2) If the court is satisfied by evidence on oath that—(a)a witness has evaded service of a subpoena; or(b)

a witness is likely to evade service of a subpoena;

the court may make an order for the issue of a warrant to bring
the witness before the court at a time and place stated in thewarrant.

Chapter division 6

Corporation as accused
person594A Presence in court and plea where accused person is a
corporation(1) Where an indictment is presented against a corporation in
respect of an indictable offence, the corporation may bepresent in court by its representative and it may, onarraignment, enter a plea in writing by its representative.
(1A) Any plea so entered by the representative shall for all
purposes be taken to be a plea entered by the corporation.
Page 442

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 594A](2) If the corporation is not present in court by its representativeor if, though it is so present, it does not enter a plea in writing
by its representative, the court shall order a plea of not guilty
to be entered on behalf of the corporation.
(2A) A plea so entered has the same effect as if it had been actuallypleaded, and the trial of the corporation may proceed
accordingly.
(3) In respect of a trial, any requirement by law that anything
shall be done in the presence of the accused person or shall beread or said to or asked of the accused person shall, in the caseof a corporation present in court by its representative, be
construed as a requirement that that thing shall be done in thepresence of the representative or read or said to or asked of therepresentative.
(3A) If the corporation is not present in court by its representative,
it shall not be necessary for the thing to be done or read or saidor asked.
(4) Where, in respect of a trial, anything is required to be done orsaid by the accused person personally, it may, in the case of acorporation present in court by its representative, be done orsaid by the representative, and anything so done or said shallfor all purposes be taken to be done or said by the corporation.
(4A) Nothing contained in subsection (4) limits the provisions ofsubsection (1) or (1A) or the provisions of section 616.
(5) In this section—
representative means a person appointed by the corporation torepresent it for the purposes of this section; but a person so
appointed is not, by virtue only of being so appointed,
qualified to act on behalf of the corporation before the court
for any other purpose.
(6) A representative need not be appointed under the seal of thecorporation; and a statement in writing purporting to besigned by a managing director of the corporation or by anyother person (by whatever name called) having, or being oneof the persons having, the management of the affairs of theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 443

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 595]

corporation to the effect that the person named in thestatement has been appointed as the representative of thecorporation for the purposes of this section shall be admissible
without further proof as prima facie evidence that that person
has been so appointed.

Chapter division 7595

Applications by accused
person about indictment

Delivery of copy of indictment

When an indictment is presented against any person, the court
is required, upon the person’s application, to order a copy of
the indictment to be delivered to the person without fee.
596

Motion to quash indictment(1) The accused person may before pleading apply to the court toquash the indictment on the ground that it is calculated toprejudice or embarrass the person in the person’s defence tothe charge, or that it is formally defective.
(2) Upon such motion the court may quash the indictment, or mayorder it to be amended in such manner as the court thinks just,or may refuse the motion.
597

MisnomerIf the accused person says that the person is wrongly named in
the indictment, the court may, on being satisfied by affidavit
or otherwise of the error, order the indictment to be amended.

Page 444

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 597A]

Chapter division 8

Separate trials

597A Separate trials where 2 or more charges against the same
person(1) Where before a trial or at any time during a trial the court is of
opinion that the accused person may be prejudiced orembarrassed in the person’s defence by reason of the person’s
being charged with more than 1 offence in the same
indictment or that for any other reason it is desirable to directthat the person should be tried separately for any 1 or morethan 1 offence charged in an indictment the court may order aseparate trial of any count or counts in the indictment.
(1AA) In considering potential prejudice, embarrassment or otherreason for ordering separate trials under this provision in
relation to alleged offences of a sexual nature, the court must
not have regard to the possibility that similar fact evidence,the probative value of which outweighs its potentially
prejudicial effect, may be the result of collusion or suggestion.
(1A) The court may discharge a jury sworn from giving a verdict on
the count or counts directed to be tried separately.
(2) The procedure on the separate trial of a count shall be thesame in all respects as if the count had been set out in a
separate indictment.
(3) The court may adjourn a separate trial, remand the accused
person and make such orders as to bail and otherwise as thecourt thinks fit.
(4) For the purposes of this section—
adjourn a separate trial includes postpone a separate trial in acase where the accused person has not been called upon toplead to a count in an indictment.
597B Separate trials

When 2 or more persons are charged in the same indictment,
whether with the same offence or with different offences, theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 445

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 597C]

court may, at any time during the trial, on the application of
any of the accused persons, direct that the trial of the accused
persons or any of them shall be had separately from the trial of
the other or others of them, and for that purpose may, if a jury
has been sworn, discharge the jury from giving a verdict as toany of the accused persons.

Chapter division 9

Pleas

597C Accused person to be called on to plead to indictment(1) On the presentation of the indictment or at any later time, theaccused person is to be informed in open court of the offencewith which he or she is charged, as set forth in the indictment,
and is to be called upon to plead to the indictment, and to say
whether he or she is guilty or not guilty of the charge.
(2) If the indictment contains more than one count, a plea to any
number of counts may, with the consent of the accused
person, be taken at one and the same time on the basis that theplea to one count will be treated as a plea to any number ofsimilar counts on the same indictment.
(3) The trial is deemed to begin and the accused person is deemed
to be brought to trial when the person is so called upon.
(4) The court may allow anything that must or may be done in
relation to the arraignment of the accused person to be done
over an audiovisual link or audio link, if the court considers
use of the link is in the interests of justice.
(4A) However, the court may not allow the use of an audiovisuallink or audio link under subsection (4) if facilities mentioned
in subsection (5A)(a) are not available at the court or the place
where the accused person is present.
(4B) For subsection (4), in deciding whether use of an audio link isin the interests of justice, the court must have regard to thedesirability of an accused person’s arraignment being done

Page 446

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 598]over an audiovisual link, rather than an audio link, if anaudiovisual link is available.
(5) For subsection (4), anything done, for the accused person’s
arraignment, over an audiovisual link or audio link between
the person and the court sitting in open court is taken to bedone in open court.
(5A) If an accused person’s arraignment is done over anaudiovisual link or audio link and the person’s representativein the proceeding is at the place where the court is sitting—(a)the court and the place where the person is present must
make facilities available for private communication
between the person and the person’s representative; and(b)a communication between the person and the person’s
representative is as confidential and inadmissible in any
proceeding as it would be if it took place between the
person and the person’s representative while in eachother’s presence.

(5B) Subsection (5A)(b) does not limit any other protection
applying to the communication.
(6) The provisions of the Evidence Act 1977 relating to the use of
an audiovisual link or audio link in criminal proceedings
apply for, and are not limited by, subsection (4).
598

Pleas

(1) If the accused person does not apply to quash the indictment
or move for a separate trial of any count or counts of theindictment, the person must either plead to it, or demur to it on
the ground that it does not disclose any offence cognisable by
the court.
(2) If the accused person pleads, the person may plead either—(a)that the person is guilty of the offence charged in theindictment, or, with the consent of the Crown, of any
other offence of which the person might be convicted
upon the indictment; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 447

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 599](b)that the person is not guilty; or(c)that the person has already been convicted upon anindictment on which the person might have been
convicted of the offence with which the person ischarged, or has already been convicted of an offence of
which the person might be convicted upon theindictment; or(d)that the person has already been acquitted upon anindictment on which the person might have been
convicted of the offence with which the person ischarged, or has already been acquitted upon indictmentof an offence of which the person might be convicted
upon the indictment; or(e)that the person has already been tried and convicted or
acquitted of an offence committed or alleged to becommitted under such circumstances that the person can
not under the provisions of this Code be tried for theoffence charged in the indictment; or(f)that the person has received the Royal pardon for theoffence charged in the indictment; or(g)that the court has no jurisdiction to try the person for theoffence.

(3) Two or more pleas may be pleaded together, except that theplea of guilty can not be pleaded with any other plea to thesame charge.
(4) An accused person may plead and demur together.
599

Defence of justification for defamation to be speciallypleadedA person charged with the offence defined in section 365,
who sets up as a defence the modified statutory defence ofjustification within the meaning of that section, must pleadthat defence specially, and may plead it with any other plea,
except the plea of guilty.
Page 448

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 600]600

Persons committed for sentence(1) When a person has been committed by a justice for sentence
for an offence, the person is to be called upon to plead to theindictment in the same manner as other persons, and may
plead either that the person is guilty of the offence charged in
the indictment or, with the consent of the Crown, of any otheroffence of which the person might be convicted upon theindictment.
(2) If the person pleads not guilty, the court, upon being satisfied
that the person duly admitted before the justice that the person
was guilty of the offence charged in the indictment, is to directa plea of guilty to be entered, notwithstanding the person’splea of not guilty.
(3) A plea so entered has the same effect as if it had been actuallypleaded.
(4) If the court is not so satisfied, or if, notwithstanding that theaccused person pleads guilty, it appears to the court upon
examination of the depositions of the witnesses that theperson has not in fact committed the offence charged in theindictment or any other offence of which the person might beconvicted upon the indictment, the plea of not guilty is to beentered, and the trial is to proceed as in other cases when thatplea is pleaded.
(5) A person who has been committed for sentence may plead anyof the other pleas mentioned in section 598.
601

Standing mute(1) If an accused person, on being called upon to plead to anindictment, will not plead or answer directly to the indictment,
the court may, if it thinks fit, order a plea of not guilty to beentered on behalf of the accused person.
(2) A plea so entered has the same effect as if it had been actuallypleaded.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 449

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 602]602

Plea of autrefois convict or autrefois acquit

In a plea that the accused person has already been convicted
or acquitted, it is sufficient to state that the accused person has
been lawfully convicted or acquitted, as the case may be, ofthe offence charged in the indictment, or of the other offenceof which the person alleges that the person has been convicted
or acquitted, and, in the latter case, to describe the offence byany term by which it is commonly known.
603

Trial on plea to the jurisdiction

Upon a plea to the jurisdiction of the court, the court is toproceed to satisfy itself in such manner and upon such
evidence as it thinks fit, whether it has jurisdiction or not, andmay ascertain the fact by the verdict of a jury or otherwise.
604

Trial by jury

(1) Subject to chapter division 9A and subsection (2), if theaccused person pleads any plea or pleas other than the plea of
guilty, a plea of autrefois acquit or autrefois convict or a plea
to the jurisdiction of the court, the person is by such plea,
without any further form, deemed to have demanded that theissues raised by such plea or pleas shall be tried by a jury, andis entitled to have them tried accordingly.
(2) Issues raised by a plea of autrefois acquit or autrefois convict
must be tried by the court.
605

Demurrer(1) When an accused person demurs only and does not plead any
plea, the court is to proceed to hear and determine the matter
forthwith.
(2) If the demurrer is overruled, the accused person is to be called
upon to plead to the indictment.

Page 450

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 613](3) When an accused person pleads and demurs together, it is in
the discretion of the court whether the plea or demurrer shallbe first disposed of.
(4) No joinder in demurrer is necessary.
613

Want of understanding of accused person(1) If, when the accused person is called upon to plead to theindictment, it appears to be uncertain, for any reason, whether
the person is capable of understanding the proceedings at thetrial, so as to be able to make a proper defence, a jury of 12
persons, to be chosen from the panel of jurors, are to be
empanelled forthwith, who are to be sworn to find whether the
person is so capable or no.
(2) If the jury find that the accused person is capable ofunderstanding the proceedings, the trial is to proceed as inother cases.
(3) If the jury find that the person is not so capable they are to say
whether the person is so found by them for the reason that theaccused person is of unsound mind or for some other reason
which they shall specify, and the finding is to be recorded, andthe court may order the accused person to be discharged, or
may order the person to be admitted to an authorised mental
health service to be dealt with under the Mental Health Act
2016.
(4) A person so found to be incapable of understanding theproceedings at the trial may be again indicted and tried for theoffence.

Chapter division 9A
614

Trial by judge alone

Application for order(1) If an accused person is committed for trial on a charge of an
offence or charged on indictment of an offence, the prosecutoror the accused person may apply to the court for an order (noCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 451

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 615]jury order) that the accused person be tried by a judge sitting
without a jury.
(2) The application must be made under section 590AA before
the trial begins.
(3) If the identity of the trial judge is known to the parties when
the application is decided, a no jury order may be made only if
the court is satisfied there are special reasons for making it.
(4) Subsection (3) does not limit section 615 or any otherrestriction on making a no jury order imposed by this chapter
division.
(5) The court may inform itself in any way it considers
appropriate in relation to the application.
(6) For subsection (2), the trial begins when the jury panel attends
before the court.
615

Making a no jury order(1) The court may make a no jury order if it considers it is in theinterests of justice to do so.
(2) However, if the prosecutor applies for the no jury order, thecourt may only make the no jury order if the accused person
consents to it.
(3) If the accused person is not represented by a lawyer, the court
must be satisfied that the accused person properly understands
the nature of the application.
(4) Without limiting subsection (1), (2) or (3), the court may
make a no jury order if it considers that any of the following
apply—

Page 452(a)the trial, because of its complexity or length or both, islikely to be unreasonably burdensome to a jury;(b)there is a real possibility that acts that may constitute an
offence under section 119B would be committed inrelation to a member of a jury;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 615A](c)there has been significant pre-trial publicity that may
affect jury deliberations.

(5) Without limiting subsection (1), the court may refuse to makea no jury order if it considers the trial will involve a factualissue that requires the application of objective community
standards including, for example, an issue of reasonableness,
negligence, indecency, obscenity or dangerousness.
615A More than 1 charge or accused person(1) If an accused person is charged with 2 or more charges thatare to be tried together, the court must not make a no jury
order in relation to 1 of the charges unless the court also
makes a no jury order in relation to each other charge.
(2) If 2 or more accused persons are to be tried together, the court
must not make a no jury order in relation to 1 of the accused
persons unless the court also makes a no jury order in relation
to each other accused person.
(3) To remove any doubt, it is declared that—(a)each of the accused persons must consent to the makingof the no jury order; and(b)the making of an order for a separate trial under
section 597A or the giving of a direction about the
separate trial of an accused person under section 597B
does not prevent the making of a no jury order.

615B Law and procedure to be applied(1) In a trial by a judge sitting without a jury, the judge must
apply, so far as is practicable, the same principles of law andprocedure as would be applied in a trial before a jury.
(2) In a trial by a judge sitting without a jury, the judge may viewa place or thing.
(3) If an Act or the common law—

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 453

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 615C](a)requires information or a warning or instruction to begiven to the jury in particular circumstances; or(b)prohibits a warning from being given to a jury inparticular circumstances;

the judge in a trial by a judge sitting without a jury must takethe requirement or prohibition into account if thecircumstances arise in the course of the trial.
615C Judge’s verdict and judgment(1) In a trial by a judge sitting without a jury—(a)the judge may make any findings and give any verdictthat a jury could have made or given if the trial had been
before a jury; and(b)

any finding or verdict of the judge has, for all purposes,
the same effect as a finding or verdict of a jury.

(2) Without limiting subsection (1), chapter 67 applies with allnecessary changes in relation to a person to be tried, being
tried, or tried by a judge sitting without a jury in the same way
as it applies to persons tried by a judge sitting with a jury.
(3) The judgment of the judge in a trial by a judge sitting withouta jury must include the principles of law that he or she hasapplied and the findings of fact on which he or she has relied.
(4) The validity of the proceeding is not affected by a trial judge’s
failure to comply with subsection (3).
615D Particular proceedings excluded from application

This chapter division does not apply to—(a)a trial on indictment before a Childrens Court judge; orNote—
See also Youth Justice Act 1992, part 6.

(b)
Page 454

a trial on indictment of any offence against a law of theCommonwealth.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 615E]

615E References to trial by jury(1) In an Act, a reference to the trial of a person by jury, however
expressed, includes, unless the contrary intention appears, areference to the trial of the person by a judge sitting without ajury under this chapter division.
(2) In an Act, a reference to a jury in the trial of a person, however
expressed, includes, unless the contrary intention appears, areference to a judge sitting without a jury under this chapter
division.

Chapter division 10

616

Appearances and fairconduct

Defence by counsel(1) Every person charged with an offence is entitled to make theperson’s defence at the person’s trial and to have the witnesses
examined and cross-examined by the person’s counsel.
(2) In this section—
counsel includes any person entitled to audience as an
advocate.
617

Presence of accused(1) Subject to this section the trial must take place in the presenceof the accused person.
(2) If an accused person so conducts himself or herself as torender the continuance of the proceedings in the person’spresence impracticable, the court may order the person to be
removed and may direct the trial to proceed in the person’s
absence.
(3) Where 2 or more accused persons are charged in the 1
indictment, if it is made to appear to the court that any of themis unable to be present by reason of the person’s illness or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 455

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 617A]

infirmity, the court may permit the person to be absent during
the whole or any part of the trial if it is satisfied—(a)that the interests of the accused person will not be
prejudiced by the trial proceeding in the person’s
absence; and(b)that the interests of justice require that the trial should
proceed in the person’s absence.

(4) The court may in any case permit a person charged with amisdemeanour to be absent during the whole or any part of thetrial on such conditions as it thinks fit.
(5) If an accused person absents himself or herself during the trial
without leave, the court may direct a warrant to be issued toarrest the person and bring the person before the court
forthwith.
617A Juries

The law respecting the qualifications of jurors and thesummoning of jurors to attend for the trial of persons charged
with indictable offences, and the challenges allowed to such
persons, is set forth in the laws relating to juries and jurors.

Chapter division 11
618

Trial of issues

Evidence in defence

At the close of the evidence for the prosecution the proper
officer of the court shall ask the accused person whether the
person intends to adduce evidence in the person’s defence.
619

Speeches by counsel(1) Before any evidence is given at the trial of an accused person
the counsel for the Crown is entitled to address the jury for the

Page 456

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 620]purpose of opening the evidence intended to be adduced forthe prosecution.
(2) If the accused person or any of the accused persons, if morethan 1, is defended by counsel, and if such counsel or any ofsuch counsel says that the accused person does not intend to
adduce evidence, the counsel for the Crown is entitled toaddress the jury a second time for the purpose of summing up
the evidence already given against such accused person or
persons for whom evidence is not intended to be adduced.
(3) At the close of the evidence for the prosecution the accused
person, and each of the accused persons, if more than 1, may
by himself, herself or the person’s counsel address the jury forthe purpose of opening the evidence (if any) intended to be
adduced for the defence, and after the whole of the evidence isgiven may again address the jury upon the whole case.
(4) If evidence is adduced for an accused person, the counsel for
the Crown is entitled to reply.
(5) If evidence is adduced for 1 or more of several accused
persons, but not for all of them, the counsel for the Crown isentitled to reply with respect to the person or persons bywhom evidence is so adduced, but not with respect to theother or others of them.
(6) However, a Crown Law Officer is entitled to reply in all cases,
whether evidence is adduced by any accused person or not.
620

Summing up(1) After the evidence is concluded and the counsel or theaccused person or persons, as the case may be, have addressed
the jury, it is the duty of the court to instruct the jury as to thelaw applicable to the case, with such observations upon theevidence as the court thinks fit to make.
(2) After the court has instructed the jury they are to consider
their verdict.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 457

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 624]624

Special verdict

In any case in which it appears to the court that the question
whether an accused person ought or ought not to be convictedof an offence may depend upon some specific fact, or that theproper punishment to be awarded upon conviction may
depend upon some specific fact, the court may require the jury
to find that fact specially.
625

General verdict on charge of defamation

Notwithstanding the provisions of section 624, the jury, on thetrial of a person charged with the offence defined in
section 365, may give a general verdict of guilty or not guilty
upon the whole matter in issue, in like manner as in othercases.

Chapter division 12
630

Other provisions

Procedure on charge of an offence committed after
previous conviction(1) The proceedings upon an indictment for committing an
offence after a previous conviction or convictions are required
to be as follows, that is to say—Page 458(a)the accused person is in the first instance to be called
upon to plead to so much only of the indictment ascharges the subsequent offence;(b)

if the accused person pleads any plea which raises anissue to be tried by a jury, the jury are to be charged in
the first instance to inquire concerning the subsequent
offence only;(c)

if the accused person pleads guilty, or if upon trial theaccused person is convicted of the subsequent offence,the person is then, and not before, to be asked whether
the person had been previously convicted as alleged in
the indictment;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 631](d)

if the accused person answers that the person had been
so previously convicted, the court may proceed to passsentence upon the person accordingly;(e)

if the accused person denies that the person had been so
previously convicted, or will not answer directly to thequestion, the jury are then to be charged to inquireconcerning the previous conviction or convictions; andin that case it is not necessary that the jury should besworn afresh, but the oath already taken by them isdeemed to extend to such last mentioned inquiry.

(2) However, if on the trial of a person charged with a subsequent
offence, the person offers evidence of the person’s goodcharacter, the Crown may, in answer thereto, and before any
verdict is given, offer evidence of the person’s conviction of
the previous offence or offences, and in that case the jury are
required to inquire concerning the previous conviction orconvictions at the same time that they inquire concerning thesubsequent offence.
631

Further pleas(1) When the issues raised by any plea or pleas, except the plea of
not guilty, have been found against an accused person who has
not pleaded the plea of not guilty, the person is to be called
upon to plead afresh, and, if those issues have been tried by ajury, the court may direct the issues raised by any fresh plea tobe tried by the same jury or by another jury.
(2) If the court directs them to be tried by the same jury, it is notnecessary that the jury should be sworn afresh, but the oathalready taken by them is to be deemed to extend to the trial ofsuch fresh issues.
631A Plea of guilty during trial(1) If, at any time before the jury returns its verdict, the accused
person informs the court that—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 459

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 62 Trial—adjournment—pleas— practice[s 631A](a)he or she wishes to change his or her plea to one of
guilty of the offence charged in the indictment; or(b)he or she wishes to plead guilty to any other offence of
which he or she might be convicted upon the indictment;

the court—(c)in the case referred to in paragraph (a)—may direct thatthe accused person be again called upon in open court toplead to the indictment, and to say whether he or she isguilty or not guilty of the offence charged; or(d)in the case referred to in paragraph (b)—may direct,
with the consent of the Crown, that the accused person
be called upon in open court to plead to any otheroffence of which he or she might be convicted upon theindictment, and to say whether he or she is guilty or not
guilty of that offence.

(1A) It is not necessary for the plea to be taken in the jury’s
presence.
(2) If the accused person does not plead guilty to the offence
charged in the indictment or, in the circumstances described insubsection (1)(d), to another offence, the trial shall proceed.
(3) If the accused person pleads guilty to the offence charged in
the indictment or, in the circumstances described insubsection (1)(d), to another offence, the jury shall bedischarged from giving their verdict in respect of the offence
charged in the indictment.
(4) A plea of guilty to an offence made by the accused person in
the circumstances described in this section shall have effect as
if made by him or her when called upon at the beginning of atrial to plead to an indictment charging him or her with that
offence.

Page 460

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63 Evidence—presumptions of fact[s 632]

Chapter 63

632

Evidence—presumptions offact

Corroboration(1) A person may be convicted of an offence on theuncorroborated testimony of 1 witness, unless this Code
expressly provides to the contrary.
Note—
See sections 52 (Sedition), 125 (Evidence on charge of perjury) and
195 (Evidence).

(2) On the trial of a person for an offence, a judge is not requiredby any rule of law or practice to warn the jury that it is unsafe
to convict the accused on the uncorroborated testimony of 1
witness.
(3) Subsection (1) or (2) does not prevent a judge from making acomment on the evidence given in the trial that it isappropriate to make in the interests of justice, but the judge
must not warn or suggest in any way to the jury that the law
regards any class of persons as unreliable witnesses.
Note for subsection (3)—See also the Criminal Law (Sexual Offences) Act 1978, section 4A andthe Evidence Act 1977, section 132BA.

634

Evidence on trials for perjury and subornation

On the trial of a person charged with an offence of which thegiving of false testimony by any person at the trial of a person
charged with an offence is an element, a certificate setting out
the substance and effect only, without the formal parts, of theindictment or complaint, and the proceedings at the trial, andpurporting to be signed by the officer having the custody of
the records of the court where the indictment or complaint
was tried, or by the officer’s deputy, is sufficient evidence ofthe trial, without proof of the signature or official character ofthe person who appears to have signed the certificate.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 461

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63 Evidence—presumptions of fact[s 635]635

Evidence of previous conviction(1) On the trial of a person charged with an offence alleged tohave been committed after a previous conviction, a certificate
setting out the substance and effect only, without the formalparts, of the indictment, verdict, and judgment, or of thecomplaint and conviction, purporting to be signed by theofficer having the custody of the records of the court where
the accused person was first convicted, or by the officer’s
deputy is, upon proof of the identity of the person of theoffender, sufficient evidence of the conviction, without proofof the signature or official character of the person who appears
to have signed the certificate.
(2) If the previous conviction was a summary conviction, theconviction is presumed not to have been appealed against until
the contrary is shown.
636

Evidence of blood relationship(1) In this section—
blood relationship means the blood relationship existing
between a person charged with a prescribed offence and theperson in respect of whom or, as the case may be, with whoma prescribed offence is alleged to have been committed.
prescribed offence means an offence—(a)defined in section 222; or(b)defined in section 210 or 216(2) where it is alleged as a
circumstance of aggravation that the offence wascommitted in respect of a child under the age of 16 years
who is the lineal descendant of the person charged.

(2) On the trial of a person charged with a prescribed offence—(a)Page 462

blood relationship is sufficiently proved by proof thatthe relationship is reputed to exist and it is not necessary
to prove that the person charged or the person in respectof whom or with whom the prescribed offence is alleged
to have been committed or any person (living or dead)Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63 Evidence—presumptions of fact[s 638]upon whom the blood relationship depends was born inlawful wedlock; and
(b)

638

the person charged is, until the contrary is proved,
presumed to have had knowledge at the time theprescribed offence is alleged to have been committed of
the blood relationship.

Evidence of authority

The averment in an indictment that the prosecution is
instituted by the direction of or with the consent of a Crown
Law Officer, or with the consent of the Attorney-General, orwith the consent of the director of public prosecutions, or at
the request of the Government of any State, is sufficientevidence of the fact, until the contrary is shown.
639

Averments about public officers and public service
officers or employees

On the trial of a person charged with any offence of which thefact that some person was at some particular time a public
officer or public service officer or employee is an element, theaverment in the indictment or complaint that any person
therein mentioned was a public officer or public service
officer or employee at any time therein stated is sufficientevidence of the fact, until the contrary is shown.
641

Evidence on certain charges of stealing money(1) On the trial of a person charged with stealing, while employedin the public service, money which was the property of theSovereign, or which came into the person’s possession by
virtue of the person’s employment, or charged with stealing,
while a clerk or servant, money which was the property of theperson’s employer or which came into the person’s possession
on account of the person’s employer or being a trustee within
the meaning of the Trust Accounts Act 1973 charged withstealing money of which the person is a trustee on behalf ofCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 463

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63 Evidence—presumptions of fact[s 641]any other person, an entry in any book of account kept by theaccused person, or kept in, under, or subject to, the person’s
charge or supervision, purporting to be an entry of the receipt
of any money, is evidence that the money so purporting tohave been received was so received by the person.
(2) On the trial of a person charged with any such offence, it is
not necessary to prove the stealing by the accused person of
any specific sum of money, if, on examination of the books ofaccount or entries kept or made by the person, or kept or madein, under, or subject to, the person’s charge or supervision, orby any other evidence, there is proof of a general deficiency,
and if the jury are satisfied that the accused person stole thedeficient money or any part of it.
(3) And on the trial of a person charged with any offence as atrustee referred to in subsection (1), the ownership of or theright, title, use or benefit in, to or of the money the subject
matter of the charge may be laid in the indictment in the nameof any one or other of the persons (the beneficiaries) of whosemoney the person charged is the trustee as aforesaid
specifying any one of the beneficiaries by name with theaddition of the words ‘and others’, and it is immaterial
whether or not the evidence establishes that the said money
was the property of any specific one of the beneficiaries, orthat the right, title, use or benefit in, to or of the said money
was in any specific one of the beneficiaries and the indictment
will be sustained so far as regards that allegation upon proof
that the property in, or the right, title, use or benefit in, to or of
the money was in one or other of the beneficiaries without
ascertaining which of them.
(4) For subsection (1) or (3), the reference to a trustee within themeaning of the Trust Accounts Act 1973 includes a legal
practitioner associate of a law practice, within the meaning of
the Legal Profession Act 2007, if part 3.3 of the Legal
Profession Act 2007 applies to the law practice.

Page 464

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63 Evidence—presumptions of fact[s 642]

642

Evidence on charges relating to seals and stamps

On the trial of a person charged with any offence relating to
any seal or stamp used for the purposes of the public revenue,
or of the post office, in any part of the Sovereign’s dominions
or in any foreign state, a dispatch from 1 of the Sovereign’s
Principal Secretaries of State, transmitting to the Governor
any stamp, mark, or impression, and stating it to be a genuine
stamp, mark, or impression, of a die, plate, or other
instrument, provided, made, or used, by or under the directionof the proper authority of the country in question for the
purpose of expressing or denoting any stamp duty or postal
charge, is admissible as evidence of the facts stated in the
dispatch; and the stamp, mark, or impression, so transmitted
may be used by the court and jury and by witnesses for the
purposes of comparison.
643

Intention to injure, deceive or defraud

On the trial of a person charged with any offence of which an
intent to injure or deceive or defraud, or an intent to enable
another person to deceive or defraud, is an element, it is notnecessary to prove an intent to injure or deceive or defraud
any particular person, or an intent to enable any particularperson to deceive or defraud any particular person.
644

Admissions(1) An accused person may by himself, herself or the person’s
counsel admit on the trial any fact alleged against the person,and such admission is sufficient proof of the fact without otherevidence.
(2) The Crown may by its counsel admit on the trial of an accused
any fact relevant to the trial where the accused is in agreementwith this being done, and such admission is sufficient proof of
the fact without other evidence.
(3) In this section—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 465

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63A Non-attendance of witness[s 644A]

trial also includes, and it is hereby declared to have always
included, proceedings before justices dealing summarily withan indictable offence.
644A Witness giving incriminating answers(1) A person who is called as a witness in any proceeding for an
offence against section 59, 60, 87, 98C, 101, 118, 120, 121,
122, 127 or 133, must not be excused from answering anyquestion relating to the offence on the ground that the answer
to the question may incriminate or tend to incriminate himself
or herself.
(2) An answer to a question in a proceeding to which this section
applies is not admissible in evidence against the person giving
the answer other than in the proceeding or in a prosecution for
perjury in respect of the answer.

Chapter 63A

Non-attendance of witness

644B Non-attendance of individual(1) This section applies if an individual fails to comply with asubpoena or order of a court requiring attendance to give
evidence or produce a document or thing to the court or aperson having authority to take evidence for the court.
(2) The court may make an order for the issue of a warrant for—Page 466(a)the arrest of the individual; and(b)the production of the individual as required by the
subpoena or order for the purpose of the proceeding;
and

(c)

the detention in custody of the individual until releasedby the court.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 63A Non-attendance of witness[s 644C](3) The court may order an individual who did not attend as
required by the subpoena or order to pay the costs andexpenses wasted by, or resulting from, noncompliance withthe subpoena or order.
644C Non-attendance of corporation(1) This section applies if a corporation or an officer of thecorporation fails to comply with a subpoena or order of acourt requiring attendance to give evidence or produce a
document or thing to the court or a person having authority totake evidence for the court.
(2) The court may make an order for the issue of a warrant for—(a)the arrest of the officer of the corporation to whom the
subpoena or order was directed; and(b)the production of the officer as required by the subpoenaor order for the purpose of the proceeding; and(c)the detention in custody of the officer until released by
the court.

(3) However, if the subpoena or order was directed to the ‘proper
officer’ of the corporation, the court may make an order for
the issue of a warrant for the arrest of a particular officer only
if it is proved the officer had received the subpoena or order,or otherwise had actual knowledge of it.
(4) The court may order a corporation that did not attend as
required by the subpoena or order to pay the costs andexpenses wasted by, or resulting from, noncompliance withthe subpoena or order.
644D Noncompliance is contempt of court(1) Failure to comply with a subpoena without lawful excuse iscontempt of court and a person who fails to comply may be
dealt with for contempt of court.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 467

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 64 Verdict—judgment[s 645](2) Nothing in section 644B or 644C affects a court’s power topunish for contempt.

Chapter 64
645

Verdict—judgment

Accused person insane during trial(1) If on the trial of any person charged with an indictable offence
it is alleged or appears that the person is not of sound mind,
the jury are to be required to consider the matter, and if thejury find that the person is not of sound mind, the finding is tobe recorded, and thereupon the court is required to order the
person to be admitted to an authorised mental health service tobe dealt with under the Mental Health Act 2016.
(2) A person so found to be not of sound mind may be again
indicted and tried for the offence.
646

Discharge of persons acquitted

If the jury find that the accused person is not guilty, or give
any other verdict which shows that the person is not liable topunishment, the person is entitled to be discharged from thecharge of which the person is so acquitted.
647

Acquittal on ground of insanity(1) However, if, on the trial of a person charged with any
indictable offence, it is alleged or appears that the person was
not of sound mind at the time when the act or omission
alleged to constitute the offence occurred, the jury are to berequired to find specially, if they find that the person is not
guilty, whether the person was of unsound mind at the time
when such act or omission took place, and to say whether the
person is acquitted by them on account of such unsoundnessof mind; and if they find that the person was of unsound mind
Page 468

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 64 Verdict—judgment[s 648]at the time when such act or omission took place, and say thatthe person is acquitted by them on account of such
unsoundness of mind, the court is required to order the person
to be admitted to an authorised mental health service to be
dealt with under the Mental Health Act 2016.
(2) In any such case the Governor, in the name of the Sovereign,
may give such order for the safe custody of such person
during the Governor’s pleasure, in such place of confinement,
and in such manner, as the Governor in Council may think fit.
648

Convicted person to be called on to show cause

When an accused person pleads that the person is guilty of
any offence, and when, upon trial, an accused person isconvicted of any offence, the proper officer is required to ask
the person whether the person has anything to say why
sentence should not be passed upon the person, but anomission to do so does not invalidate the judgment.
649

Arrest of judgment(1) A person convicted of an indictable offence, whether on the
person’s plea of guilty or otherwise, may at any time before
sentence move that judgment be arrested on the ground thatthe indictment does not disclose any offence.
(2) Upon the hearing of the motion the court may allow any such
amendments of the indictment as it might have allowed before
verdict.
(3) The court may either hear and determine the motion forthwith
or may reserve the question of law for the consideration of the
Court of Appeal as hereinafter provided.
650

Sentence

If a motion to arrest the judgment is not made or is dismissed,
the court may pass sentence upon the offender forthwith or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 469

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 64 Verdict—judgment[s 651]

make any other order it may make by law instead of passing
sentence.
651

Court may decide summary offences if a person ischarged on indictment(1) If an indictment has been presented against a person before acourt, the court may also, subject to section 652(2) to (4) andsubsection (2), hear and decide summarily any charge of asummary offence that has been laid against the person.
(2) The court must not hear and decide the summary offence
unless—(a)the court considers it appropriate to do so; and(b)the accused person is represented by a lawyer; and(c)the Crown and the accused consent to the court sodoing; and(d)the accused person states his or her intention of entering
a plea of guilty to the charge; and(e)the complaint or bench charge sheet for the offence, or a
copy, is before the court, whether or not returnable
before another court.

(3) Subject to this section, the practices of the court and theexpress provisions of this Code relating to taking a plea on anindictment apply to the taking of a plea to the charge in acomplaint or bench charge sheet.
(4) On convicting the person of the summary offence, the court
may make any orders in relation to the conviction a
Magistrates Court may make.
(5) The power to make rules for the court extends to the makingof rules in relation to the practice and procedure to be appliedin the hearing and decision summarily of summary offencesby the court.

Page 470

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 64 Verdict—judgment[s 652](6) If the court hears and decides a charge summarily, the court
has jurisdiction despite the time that has elapsed from the time
when the matter of complaint of the charge arose.
(7) In this section—summary offence means—(a)a simple or regulatory offence; or(b)

an offence for which—(i)proceedings for a charge of the offence may betaken summarily under the Drugs Misuse Act
1986; and(ii) the prosecution has made an election under
section 118 of that Act; or

652

(c)

an indictable offence against this Code if, under
section 552A, the prosecution has elected to have acharge for the offence heard and decided summarily; or(d)an indictable offence against this Code if, under
section 552BA, the charge for the offence must be heardand decided summarily.

Proceedings to transmit charge for summary offence(1) A charge for a summary offence may be transmitted to theregistry of a court for the purpose of the charge being dealt
with under section 651 at any time despite any limitation in
any Act as to the time for commencing proceedings for asummary offence.
(2) If a person charged with committing a summary offence
wishes to have the offence heard and decided under
section 651, the person must make written application to theclerk of the relevant court of summary jurisdiction to take anynecessary steps to transmit the relevant complaint or benchcharge sheet to the registrar of the court that is to deal with the
charge under section 651 (the receiving court).

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 471

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 64 Verdict—judgment[s 653](3) An application under subsection (2) must be a written
statement containing at least the following information—(a)the charge to be transmitted;(b)

the defendant’s intention to plead guilty to the offence
charged;(c)that the defendant wishes to have the charge transmitted
for no other reason than to plead guilty to the charge
before the receiving court.

(4) On being satisfied that the application fulfils the requirementsof this section the clerk of the relevant court of summary
jurisdiction must transmit, by any secure and expeditious
means, the relevant complaint or bench charge sheet, or a
copy, to the registrar of the receiving court.
(5) On the final decision of the transmitted charge by thereceiving court, the registrar of the court must, within 1
calendar month, notify the result of the decision to the clerk of
the relevant court of summary jurisdiction from which the
charge was transmitted and no further appearance is requiredin that court by any party to the proceeding.
653

Remission of proceedings to court exercising summary
jurisdiction(1) This section applies if a charge against a person for asummary offence has been transmitted to the registry of acourt for the purpose of the charge being dealt with under
section 651.
(2) If—Page 472(a)the person states an intention of entering a plea of not
guilty before the court to the charge or enters a plea of
not guilty before the court to the charge; or(b)

any of the conditions mentioned in section 651(2) arenot satisfied; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 65 Costs[s 659](c)the person has been dealt with on the indictment
mentioned in section 651(1) before the charge for thesummary offence is brought before the court; or(d)for any other reason the court decides not to deal withthe charge;

the court must direct that the charge must be heard by a court
exercising summary jurisdiction and order the court registrar
to send the relevant court record to the registrar of the court
exercising summary jurisdiction.
659

Effect of summary conviction for indictable offences

When a person has been summarily convicted of an indictableoffence, the conviction is to be deemed a conviction of asimple offence only, and not of an indictable offence.

Chapter 65
660

Costs

Costs of prosecution in certain cases(1) When a person is convicted on indictment of any indictableoffence relating to the person of any person, the court, on theapplication of the person aggrieved by the offence, may, in
addition to any sentence which is passed upon the offender,
adjudge the offender to pay to the person aggrieved theperson’s costs of prosecution, together with a sum by way ofcompensation for any loss of time suffered by the person byreason of the offence of which the offender is convicted.
(2) An order for the payment of such costs, or of any sum soawarded by way of compensation, may be enforced in thesame manner as a judgment of the court given in an action.
(3) If any money was found on the person of the offender on theoffender’s arrest, the court may order it to be applied towards
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 473

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 662]the payment of any money so ordered to be paid by theoffender.
(4) When an order is made under the provisions of this section forthe payment of money by way of compensation to an
aggrieved person, the offender is not liable to any civil
proceedings for the same cause at the suit of that person.
662

Taxation(1) Costs of a prosecution or defence must be taxed by the proper
officer of the court in which the indictment is presented.
(2) In this section—
costs of defence includes costs incurred by the accused person
both before and after the person’s committal.
costs of prosecution includes costs incurred by the person
aggrieved in order to the committal of the offender, and costs
incurred by the person with the consent of the Crown for the
purposes of the trial.

Chapter 67

Appeals, subsequent appeals
and pardons

Chapter division 1
668

Preliminary

Definitions for chapter(1) In this chapter—appellant includes a person who has been convicted anddesires to appeal, or to make a subsequent appeal, under thischapter.
Court means the Court of Appeal.
Page 474

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 668AA]

court of trial means any court from whose finding, sentence,or other determination a person is by this Act entitled—(a)to appeal or to apply for leave to appeal; or(b)

to apply for leave to make a subsequent appeal.

registrar means the registrar of the Court.
sentence includes any order made by the court of trial on
conviction of a person with reference to the person’s person orproperty whether or not the person is adversely affected
thereby and whether or not the order is made instead of
passing sentence.
subsequent appeal means an appeal under section 671AC(2).
(2) The power of the Court to pass any sentence includes a power
to make any such order.
(3) For the purposes of this chapter a person acquitted on the
ground of insanity, where such insanity was not set up as adefence by the person, shall be deemed to be a person
convicted, and any order to keep the person in custody shallbe deemed to be a sentence.

Chapter division 2

References, reservations
and appeals

668AA Application of chapter divisionThis chapter division does not apply to a subsequent appeal.
668A Reference by Crown Law Officer of pre-trial direction or
ruling(1) A Crown Law Officer may refer to the Court for its
consideration and opinion a point of law that has arisen in
relation to a direction or ruling under section 590AA given byanother court as to the conduct of a trial or pre-trial hearing.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 475

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 668B](2) If a reference is made—(a)the Crown Law Officer must give notice of the reference
to the other court and the accused person; and(b)the other court—(i)must adjourn the trial until the Court has given its
opinion on the point; and(ii) may make the other orders it considers appropriate,including an order about remanding the accused
person; and(c)the Court must hear argument on the reference—(i)by the Crown Law Officer; and(ii) by the accused person if the accused person
wishes; and(d)after hearing argument on the reference, the Court—(i)must consider the point referred and give theCrown Law Officer its opinion on the point; and(ii) may make the orders it considers appropriate,including the directions or rulings it considers
appropriate to give effect to its opinion.
(3) In this section—
adjourn, for a trial where the accused person has not beencalled on to plead to the indictment, includes postpone thetrial.
668B Reservation of points of law(1) When any person is indicted for any indictable offence, thecourt of trial must, on the application of counsel for theaccused person made before verdict, and may in its discretion,either before or after judgment, without such application,
reserve any question of law which arises on the trial for theconsideration of the Court.

Page 476

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 668C](2) If the accused person is convicted, and a question of law has
been so reserved before judgment, the court of trial may either
pronounce judgment on the conviction and respite executionof the judgment, or postpone the judgment until the question
has been considered and decided, and may either commit theperson convicted to prison or grant bail to the person
conditioned to appear at such time and place as the court oftrial may direct, and to attend in execution of, or to receive
judgment, as the case may be.
(3) The judge of the court of trial is thereupon required to state, ina case signed by the judge, the question of law so reserved,
with the special circumstances upon which it arose; and thecase is to be transmitted to the Court.
(4) Any question so reserved is to be heard and determined as an
appeal by the Court.
(5) The Court may send the case back to be amended or restated if
it thinks it necessary so to do.
668C Appeal from arrest of judgment(1) When the court of trial before which a person is convicted on
indictment arrests judgment, the court is required, on theapplication of counsel for the prosecution, to reserve a casefor the consideration of the Court as hereinbefore provided.
(2) On the hearing of the case the Court may affirm or reverse theorder arresting judgment.
(3) If the order is reversed, the Court is to direct that judgment be
pronounced upon the offender, and the offender is to beordered to appear at such time and place as the Court may
direct to receive judgment, and any justice may issue awarrant for the arrest of the offender.
(4) An offender so arrested may be granted bail by order of the
Court or a judge thereof, which may be made at the time when
the order directing judgment to be pronounced is made, orafterwards.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 477

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 668D]

668D Right of appeal(1) A person convicted on indictment, or a person convicted of asummary offence by a court under section 651, may appeal to
the Court—(a)against the person’s conviction on any ground which
involves a question of law alone; and(b)with the leave of the Court, or upon the certificate of thejudge of the court of trial that it is a fit case for appeal,against the person’s conviction on any ground of appeal
which involves a question of fact alone, or question of
mixed law and fact, or any other ground which appears
to the Court to be a sufficient ground of appeal; and(c)with the leave of the Court, against the sentence passedon the person’s conviction.

(2) A person summarily convicted under section 651 may appeal
to the court, with the leave of the court, against the sentencepassed on conviction, including any order made under that
section.
668E Determination of appeal in ordinary cases(1) The Court on any such appeal against conviction shall allow
the appeal if it is of opinion that the verdict of the jury should
be set aside on the ground that it is unreasonable, or can not be
supported having regard to the evidence, or that the judgmentof the court of trial should be set aside on the ground of thewrong decision of any question of law, or that on any groundwhatsoever there was a miscarriage of justice, and in any
other case shall dismiss the appeal.
(1A) However, the Court may, notwithstanding that it is of theopinion that the point or points raised by the appeal might bedecided in favour of the appellant, dismiss the appeal if itconsiders that no substantial miscarriage of justice has
actually occurred.

Page 478

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 668F](2) Subject to the special provisions of this chapter, the Court
shall, if it allows an appeal against conviction, quash theconviction and direct a judgment and verdict of acquittal to beentered.
(3) On an appeal against a sentence, the Court, if it is of opinion
that some other sentence, whether more or less severe, iswarranted in law and should have been passed, shall quash thesentence and pass such other sentence in substitution therefor,and in any other case shall dismiss the appeal.
(4) In subsection (1), if an appellant has been convicted of an
offence in the court of trial by a judge sitting without a jury, areference to the jury is taken to be a reference to the judge.
668F

Powers of Court in special cases(1) If it appears to the Court that an appellant, though notproperly convicted on some count or part of the indictment,
has been properly convicted on some other count or part of theindictment, the Court may either affirm the sentence passed at
the trial or pass such sentence, whether more or less severe, in
substitution therefor, as it thinks proper, and as may be
warranted in law by the conviction on the count or part of theindictment on which it considers the appellant has been
properly convicted.
(2) Where an appellant has been convicted of an offence, and thejury could on the indictment have found the appellant guiltyof some other offence, and on the finding of the jury it appears
to the Court that the jury must have been satisfied of facts
which proved the appellant guilty of that other offence, theCourt may, instead of allowing or dismissing the appeal,
substitute for the verdict found by the jury a verdict of guiltyof that other offence, and pass such sentence in substitution
for the sentence passed at the trial as may be warranted in law
for that other offence, not being a sentence of greater severity.
(3) Where, on the conviction of the appellant, the jury have founda special verdict, and the Court considers that a wrong
conclusion has been arrived at by the court of trial on the
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 479

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 669]effect of that verdict, the Court may, instead of allowing theappeal, order such conclusion to be recorded as appears to the
Court to be in law required by the verdict, and pass suchsentence, whether more or less severe, in substitution for thesentence passed at the trial, as may be warranted in law.
(4) If on any appeal it appears to the Court that, although theappellant committed the act or made the omission charged
against the appellant, the appellant was not of sound mind at
the time when the act or omission alleged to constitute theoffence occurred, so as not to be responsible thereforaccording to law, the Court may quash the sentence passed at
the trial, and order the appellant to be admitted to an
authorised mental health service to be dealt with under the
Mental Health Act 2016 in the same manner as if a jury had
found that fact specially under section 647.
(5) In subsection (2), if an appellant has been convicted of an
offence in the court of trial by a judge sitting without a jury, areference to the jury is taken to be a reference to the judge.
669

Power to grant new trial(1) On an appeal against a conviction on indictment, the Court
may, either of its own motion or on the application of theappellant, order a new trial in such manner as it thinks fit, if
the Court considers that a miscarriage of justice has occurred,
and that, having regard to all the circumstances, such
miscarriage of justice can be more adequately remedied by anorder for a new trial than by any other order which the Court
is empowered to make.
(2) If the Court makes an order for a new trial and the appellant is
not granted bail, the order is taken to be a warrant for theappellant’s detention under the Corrective Services Act 2006,section 9(1)(a).

Page 480

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 669A]

669A Appeal by Attorney-General or Crown Law Officer(1) The Attorney-General may appeal to the Court against any
sentence pronounced by—(a)the court of trial; or(b)a court of summary jurisdiction in a case where an
indictable offence is dealt with summarily by that court;

and the Court may in its unfettered discretion vary thesentence and impose such sentence as to the Court seems
proper.
(1A) A Crown Law Officer may appeal to the Court against anorder staying proceedings or further proceedings on anindictment.
(2) The Attorney-General may refer any point of law that hasarisen at the trial upon indictment of a person in relation to
any charge contained therein to the Court for its considerationand opinion thereon if the person charged has been—(a)acquitted of the charge; or(b)discharged in respect of that charge after counsel for the
Crown, as a result of a determination of the court of trial
on that point of law, has duly informed the court that the
Crown will not further proceed upon the indictment inrelation to that charge; or(c)convicted, following a determination of the court of trial
on that point of law—(i)of a charge other than the charge that was underconsideration when the point of law arose; or(ii) of the same charge with or without a circumstanceof aggravation.
(2A) The Attorney-General may refer to the Court for its
consideration and opinion a point of law that has arisen at thesummary trial of a charge of an indictable offence, if theperson charged has been—(a)acquitted of the charge at the summary trial; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 481

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 669A](b)discharged on the charge after the prosecution, becauseof a decision on the point of law by the court of trial,
indicates to the court that it will not further proceed on
the charge in the proceeding before the court; or(c)convicted, following a determination of the court of trial
on that point of law—(i)of a charge other than the charge that was underconsideration when the point of law arose; or(ii) of the same charge with or without a circumstanceof aggravation.
(3) Notice of the reference shall be given to the person acquittedor, as the case may be, discharged.
(4) Upon the reference the Court shall hear argument—(a)by the Attorney-General or by counsel on the
Attorney-General’s behalf; and(b)

if the person so desires, by the person acquitted ordischarged or by counsel on his or her behalf;

and thereupon shall consider the point referred and furnish to
the Attorney-General its opinion thereon.
(5) Where the reference relates to a trial in which the person
charged has been acquitted or convicted, the reference shallnot affect the trial of nor the acquittal or conviction of theperson.
(6) If a person convicted summarily of an indictable offence
appeals to a District Court judge under the Justices Act 1886,
section 222 or the Youth Justice Act 1992, part 6, division 9,
subdivision 3, and, in relation to the same conviction, theAttorney-General appeals under this section—(a)the convicted person’s appeal is, by force of this section,
removed to the Court of Appeal; and(b)both appeals must be heard together by the Court ofAppeal.

(7) In this section—
Page 482

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 670]discharged includes the dismissal or striking out of a charge
at a summary trial.
670

Revesting and restitution of property on conviction(1) Subject to section 134 of the Penalties and Sentences Act
1992, the operation of any order for the restitution of any
property, or for the payment of compensation to an aggrieved
person, made by the court of trial, and the operation of theprovisions of section 26(1) of the Sale of Goods Act 1896 as
to the revesting of the property in stolen goods on conviction,
shall (unless such court directs to the contrary in any case inwhich in its opinion the title to the property is not in dispute)be suspended—(a)until the expiration of the time provided for appealing to
the Court; and(b)where notice of appeal or of application for leave toappeal is given within the time provided, until thedetermination of the appeal or refusal of the applicationor, where the appeal is by the Attorney-General against
sentence within the time provided, until thedetermination of that appeal;and in cases where the operation of any such order or theoperation of the said provisions is suspended until thedetermination of the appeal, the order or provisions, as thecase may be, shall not take effect as to the property in question
if the conviction is quashed on appeal, except by the special
order of the Court.
(2) The Court may annul or vary any such order, although theconviction is not quashed.
(3) Where any matter arises before the Court in relation to theoperation or suspension of the operation of any such order as
aforesaid or the operation or suspension of the operation ofsuch provisions as aforesaid, the person in whose favour theorder is made or the person benefiting from the operation of
the said provisions, as the case may be, may appear in person,
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 483

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671]or by the person’s counsel or solicitor, before the Court andthere make submissions in connection with such matter.
671

Time for appealing(1) Any person convicted desiring to appeal to the Court, or to
obtain the leave of the Court to appeal from any conviction orsentence, shall give notice of appeal or notice of application
for leave to appeal, in the prescribed manner, within 1
calendar month of the date of such conviction or sentence.
(2) An appeal to the Court by the Attorney-General against
sentence shall be made within 1 calendar month of the date ofsuch sentence.
(3) The time within which notice of appeal, or notice of an
application for leave to appeal, may be given or within which
the Attorney-General may appeal against sentence may be
extended at any time by the Court.

Chapter division 3

Subsequent appeals

671AA Definitions for chapter division

In this chapter division—
fresh and compelling evidence see section 671AB.
new and compelling evidence see section 671AB.
671AB Fresh and compelling evidence and new and compelling
evidence—meanings(1) This section applies for the purpose of deciding under thischapter division whether there is fresh and compelling
evidence or new and compelling evidence.
(2) Evidence is fresh if—

Page 484

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671AB](a)the evidence was not adduced in the proceedings in the
court of trial before which the appellant was convicted;
and

(b)

either—(i)the evidence could not have been adduced in theproceedings in the court of trial with the exerciseof reasonable diligence by the defence; or(ii) the evidence could have been adduced in theproceedings in the court of trial with the exerciseof reasonable diligence by the defence but was not
because of the incompetence or negligence of alawyer acting for the appellant in those
proceedings.
(3) For subsection (2)(b)(i), the defence is taken not to have failed
to exercise reasonable diligence in relation to the evidence
if—(a)the prosecution failed to comply with the prosecution’s
obligation mentioned in section 590AB(1) in relation to
the evidence; and(b)the defence did not discover the evidence only becauseof the failure to comply with that obligation.

(4) Evidence is new if—(a)the evidence was not adduced in the proceedings in the
court of trial before which the appellant was convicted;
and

(b)

the evidence could have been adduced in theproceedings in the court of trial with the exercise ofreasonable diligence by the defence.

(5) Under this chapter division, evidence that is both fresh
evidence and new evidence is taken to only be fresh evidence.
(6) Evidence is compelling if—(a)the evidence is reliable; and(b)the evidence is substantial; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 485

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671AC](c)the evidence—(i)

is highly probative in the context of the issues thatwere in dispute in the proceedings in the court oftrial before which the appellant was convicted; or(ii) would have substantially weakened the case for theprosecution in the proceedings in the court of trial.
(7) Evidence that would be admissible under this chapter division
is not precluded from being fresh and compelling evidence or
new and compelling evidence merely because it would havebeen inadmissible—(a)in the proceedings in the court of trial before which theappellant was convicted; or(b)in earlier proceedings in the Court for an appeal orsubsequent appeal against the appellant’s conviction.

(8) In this section, the defence is the appellant or a lawyer acting
for the appellant in proceedings in the court of trial before
which the appellant was convicted.
671AC Right of subsequent appeal(1) This section applies if—(a)a person appealed, or applied for leave to appeal, against
a conviction of the person under section 668D; and(b)

the Court, under chapter division 2—(i)refused to grant leave to appeal; or(ii) dismissed the appeal in whole or in part; or(iii) determined the appeal and dealt with the person
under section 668F.
(2) The person may make a subsequent appeal to the Court, withthe leave of the Court, against the person’s conviction on a
ground that there is fresh and compelling evidence or new andcompelling evidence.

Page 486

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671AD](3) Also, the person may make a subsequent appeal undersubsection (2) if—(a)the Court has, under this chapter division, refused to
grant an earlier application for leave to make asubsequent appeal; or(b)

the Court has, under this chapter division, dismissed anearlier subsequent appeal in whole or in part.

(4) The Court may give its leave to make a subsequent appeal at
any time it considers necessary or desirable.
671AD Evidence in proceedings for subsequent appeal(1) This section applies in relation to proceedings in the Court fora subsequent appeal, or leave to make a subsequent appeal,against an appellant’s conviction.
(2) Evidence is not inadmissible in the proceedings merely
because it would have been inadmissible—(a)in the proceedings in the court of trial before which theappellant was convicted; or(b)in earlier proceedings in the Court for an appeal orsubsequent appeal against the appellant’s conviction.

671AE Determination of subsequent appeal(1) For a subsequent appeal against an appellant’s conviction on a
ground of fresh and compelling evidence, the Court mustallow the subsequent appeal if it is of the opinion that there
was a miscarriage of justice.
(2) However, the Court may, even if it is of the opinion that the
point or points raised by a subsequent appeal on a ground of
fresh and compelling evidence might be decided in favour of
the appellant, dismiss the subsequent appeal if it considers
that no substantial miscarriage of justice has actuallyoccurred.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 487

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671AF](3) For a subsequent appeal against an appellant’s conviction on a
ground of new and compelling evidence, the Court must allow
the subsequent appeal if, on the balance of probabilities, it isof the opinion that, in considering all of the evidence, theappellant was not guilty of the offence of which the appellant
was convicted.
(4) Also, if for any subsequent appeal the Court considers thesubsequent appeal to be a special case under section 668F, theCourt may deal with the appellant under section 668F, despite
section 668AA, as if the subsequent appeal were an appeal
against conviction under chapter division 2.
(5) The Court must, if a subsequent appeal is not determined
under subsection (1), (3) or (4), dismiss the subsequentappeal.
671AF Directions, orders etc. on allowed subsequent appeal(1) If the Court allows a subsequent appeal under section 671AE,
the Court must quash the appellant’s conviction and direct a
judgment and verdict of acquittal to be entered.
(2) However, if the Court considers, for a subsequent appeal
allowed under section 671AE(1), that there is a miscarriage ofjustice that can be more adequately remedied by an order for a
new trial than by any other order, the Court may order a newtrial in the way the Court considers appropriate.
(3) If the Court makes an order for a new trial and the appellant is
not granted bail, the order is taken to be a warrant for theappellant’s detention under the Corrective Services Act 2006,section 9(1)(a).

Page 488

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671A]

Chapter division 4

Other provisions for appeals
and subsequent appeals

671A Judge’s notes and report to be furnished on appeal(1) The judge of the court of trial shall, in the case of any appeal
or application for leave to appeal, furnish to the registrar thejudge’s notes of the trial, and also a report giving the judge’s
opinion upon the case or upon any point arising in the case.
(2) However, where shorthand notes have been taken inaccordance with this chapter, a transcript of such notes may befurnished in lieu of such judge’s notes.
(3) This section does not apply to a subsequent appeal.
671B Supplemental powers(1) The Court may, if it thinks it necessary or expedient in theinterests of justice—(a)order the production of any document, exhibit, or otherthing connected with the proceedings of the Court; and(b)order any persons who would have been compellable
witnesses at the trial to attend and be examined before
the Court, whether they were or were not called at thetrial, or order any such persons to be examined before
any judge of the Court, or before any officer of the
Court, or justice, or other person appointed by the Court
for the purpose, and admit any depositions so taken as
evidence; and(c)receive the evidence, if tendered, of any witness(including the appellant) who is a competent, but not acompellable, witness; and(d)receive any other evidence; and(e)where any question arising on the appeal or subsequentappeal involves prolonged examination of documents or
accounts, or any scientific or local investigation, which

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 489

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671D]

can not, in the opinion of the Court, be conveniently
conducted before the Court, refer the question forinquiry and report to a commissioner appointed by the
Court, and act upon the report of such commissioner so
far as the Court thinks fit; and(f)appoint any person with special expert knowledge to act
as assessor to the Court in any case in which it appears
to the Court that such special knowledge is required forthe determination of the case; and(g)order the appellant or Crown Law Officer to give further
particulars for a ground of the appeal or subsequentappeal; and(h)strike out a ground of the appeal or subsequent appeal inwhich the Court considers the particulars are inadequate
and not consider the matters in relation to the ground forthe proceedings; and(i)amend or add a ground of appeal or subsequent appeal
against a conviction;and exercise in relation to the proceedings of the Court anyother powers which may for the time being be exercised by
the Supreme Court on appeals or applications in civil matters,
and issue any warrant or other process necessary for enforcing
the orders or sentences of the Court.
(2) However, in no case shall any sentence be increased by reasonof or in consideration of any evidence that was not given at thetrial.
(3) Subject to this chapter, the general rules may provide that any
application under subsection (1)(a), (b), (e) or (f) may beheard and determined by a judge of the Court.
671D Right of appellant to be present(1) An appellant, notwithstanding that the appellant is in custody,
shall be entitled to be present if the appellant desires it, on the
hearing of the appellant’s appeal or subsequent appeal.
Page 490

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671E](1A) However, the appellant is not entitled to be present, without
leave of the Court, for any of the following—(a)an appeal on some ground involving a question of law
alone;(b)

an application for leave to appeal or leave to make asubsequent appeal;(c)any proceedings preliminary or incidental to an appeal
or subsequent appeal.

(2) The power of the Court to pass any sentence may be exercised
notwithstanding that the appellant is not present.
671E Appeals and subsequent appeals permitted in writing

An appellant shall be entitled to present the appellant’s caseand argument to the Court in writing if the appellant sodesires.
671F

Costs of appeal or subsequent appeal(1) On the hearing or determination of an appeal or subsequentappeal, or any proceedings preliminary or incidental thereto,
no costs shall be allowed on either side.
(2) The expenses of any assessor appointed, and of any witnesses
attending on the order of the Court or examined, and of andincidental to any examination or reference, and of theappearance of an appellant on the hearing of the appeal orsubsequent appeal or on any proceedings preliminary or
incidental to the appeal or subsequent appeal, shall be
defrayed out of the Consolidated Fund up to an amountallowed by the registrar; but, subject to any regulations as torates of payment made by the Crown Law Officer, thedecision of the registrar may be reviewed by the Court or ajudge thereof.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 491

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671G]

671G Grant of bail to appellant and custody when attending
Court(1) An appellant who is not granted bail shall, pending thedetermination of the appeal or subsequent appeal, be treatedin such manner as may be directed under the laws relating toprisons.
(2) The period the appellant is in custody pending thedetermination of the appeal or subsequent appeal counts aspart of any term of imprisonment under the appellant’ssentence.
(3) If an appellant is released on bail pending the determination of
the appeal or subsequent appeal—(a)the period the appellant is released on bail does notcount as part of any term of imprisonment under theappellant’s sentence, whether passed by the court of trial
or the Court; and(b)the appellant’s imprisonment under the appellant’ssentence resumes or begins to run, as the case requires,on the day the appellant is received into prison under theappellant’s sentence.

(4) Provision shall be made under the laws relating to prisons forthe manner in which an appellant, when in custody, is to bebrought to any place where the appellant is entitled to bepresent, or ordered to be taken, for the purposes of thischapter, and for the manner in which the appellant is to be
kept in custody whilst absent from prison for the purpose; andan appellant whilst in custody in accordance with those laws
shall be deemed to be in legal custody.
(5) Where pursuant to an appeal to the Court by the
Attorney-General against sentence the Court varies thesentence—

Page 492(a)by imposing a term of imprisonment; or(b)

in a case where the court of trial imposed a term of
imprisonment—by increasing the term of imprisonment
imposed;Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671H]

then, subject to any order the Court may make or any direction
it may give to the contrary in the circumstances—(c)the term of imprisonment referred to in paragraph (a)shall commence from the time the person in question isreceived into prison pursuant to the decision of the
Court or, where that person is already in prison in
respect of imprisonment arising out of another matter,from the date of the decision of the Court;(d)in the service of the increased term of imprisonment
referred to in paragraph (b) by the person in question,
any part of the sentence already served by the person
shall be taken into account.

671H Duties of registrar(1) The registrar must, if notice is given to the registrar, take allnecessary steps for obtaining a hearing of any appeal,
subsequent appeal or application.
(2) The registrar must obtain and give the Court, in theappropriate form, all documents, exhibits and other things
relating to the proceedings in the court of trial that appear
necessary for the proper determination of the appeal,
subsequent appeal or application.
(3) Also, for a subsequent appeal or application for leave to makea subsequent appeal, the registrar must obtain and give the
Court—(a)the judge’s notes and report under section 671A that
relate to the proceedings in the court of trial given to theregistrar in relation to any appeal or application for leave
to appeal against the appellant’s conviction; and(b)in the appropriate form, all documents, exhibits andother things relating to the proceedings in the Court
for—
(i)

an appeal or application for leave to appeal against
the appellant’s conviction; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 493

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671J](ii) an earlier subsequent appeal or application forleave to make a subsequent appeal against theappellant’s conviction.
(4) The registrar may refer any appeal, subsequent appeal orapplication to the Court for summary determination if itappears to the registrar that the notice of appeal, subsequentappeal or application does not show any substantial ground of
appeal or subsequent appeal.
(5) The Court may, if it considers that the appeal, subsequentappeal or application is frivolous or vexatious, dismiss theappeal, subsequent appeal or application summarily without
calling upon any person to attend the hearing.
(6) The registrar must give forms and instructions in relation to
notices of appeals, subsequent appeals or applications to—(a)any person who asks for the same; and(b)officers of courts; and(c)the chief executive (corrective services); and(d)any other officers or persons as the registrar considers
appropriate.

(7) The chief executive (corrective services) must cause the forms
and instructions mentioned in subsection (6) to be placed at
the disposal of prisoners desiring to appeal, to make asubsequent appeal or to make an application.
(8) Also, the chief executive (corrective services) must cause any
notice given by a prisoner for whom the chief executive(corrective services) has responsibility to be forwarded for theprisoner to the registrar.
671J

Documents, exhibits etc.

(1) Any documents, exhibits, or other things connected with any
proceedings before a court of trial, in respect of which any
person is entitled or may be authorised to appeal, shall be kept
in the custody of the court of trial for such time as may be
Page 494

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671K]

prescribed, subject to such power as may be prescribed for theconditional release of any such documents, exhibits, or otherthings from that custody.
(2) This section does not apply to a subsequent appeal.
671K Records of proceedings(1) If the registrar directs in relation to any notice of appeal,
subsequent appeal or application for leave to appeal or leave
to make a subsequent appeal, the following must be given to
the registrar for the use of the Court or a judge of the Court—(a)a record or part of the record of the proceedings in the
court of trial;(b)

for a subsequent appeal—a record or part of the recordof earlier proceedings in the Court for an appeal orsubsequent appeal against the appellant’s conviction.

Note—
See the Recording of Evidence Act 1962, section 5 which provides forrecording all relevant matter in a legal proceeding.

(2) A copy of a record of proceedings or of any part thereof may
be furnished to any party interested in accordance with
provisions of the Criminal Practice Rules 1999 and the
Criminal Practice Rules 1999, without limiting the generalityof the foregoing, may prescribe, for a trial, an appeal or asubsequent appeal—(a)charges for the copy of the record or part thereof; or(b)circumstances in which such charges may be varied or
waived and on whose or by what authority they may bevaried or waived; or(c)

who is a ‘party interested’ for the purpose of having
furnished to the person a copy of the record or part
thereof; or(d)the authorisation of the furnishing of a copy of a recordof proceedings or of any part thereof to any other personon the ground that such person has a sufficient interest

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 495

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 671L]

therein, and by whom any such authorisation may be
made.
(3) In addition to the foregoing, the Attorney-General may cause
a copy of a record of proceedings or of any part thereof to be
furnished to any person in such circumstances and subject tosuch conditions as the Attorney-General thinks fit.
(4) The Crown is entitled to receive a copy of any record ofproceedings or of any part thereof without payment of any
charge.
(5) The furnishing in accordance with this section and, in an
appropriate case, the Criminal Practice Rules 1999 of a copyof any record of proceedings or of any part thereof shall not
render the Crown, a Crown Law Officer, the registrar, a
recorder under the Recording of Evidence Act 1962 or otherperson responsible for or associated with that furnishing liable
in any way in law in respect thereof.
671L

Powers exercisable by a judge

The powers of the Court to give leave to appeal, to extend thetime in which notice of appeal or of an application for leave toappeal may be given, to give leave to make a subsequentappeal and to allow the appellant to be present at any
proceedings in cases where the appellant is not entitled to bepresent without leave may be exercised by any judge of the
Court in the same manner as they may be exercised by the
Court, and subject to the same provisions; but if the judge
refuses an application on the part of the appellant to exercise
any such power in the appellant’s favour, the appellant shall beentitled to have the application determined by the Court.
672

Appeals from the decisions of the Court(1) Where an appeal or subsequent appeal to the Court is upheld,
and the appellant is entitled to have the conviction against theappellant quashed by order of the Court, the Court may, upon
application on behalf of the Crown, at any time before thePage 496

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 672A]

release of such appellant, either by the same or by a separate
order, direct that execution of the order quashing theappellant’s conviction be stayed for such time (not exceeding
7 days) as the Court thinks fit; and the Court or a judge thereof
shall thereupon make such order for the detention of theappellant or the appellant’s return to any former custody, orfor granting bail to the appellant, as the Court or judge thinks
fit, for the time during which such stay has been directed.
(2) The Court or a judge thereof may, upon application by or on
behalf of the Crown Law Officer, make such order for thedetention of the appellant or for granting bail to the appellant
pending the hearing of an appeal to the High Court ofAustralia as the Court or a judge may think fit, and may at any
time vary or rescind such order.
(3) On the application of any appellant who considers they were
wronged by any failure to diligently prosecute such appeal,
the Court or a judge thereof may order the immediate
execution of the original order of the Court quashing theconviction, and may order the appellant’s immediate release,and the Court may further, if it thinks fit, award the appellant
such compensation as appears just.

Chapter division 5

Pardons

672A Pardoning power preserved

Nothing in sections 668 to 672 shall affect the pardoning
power of the Governor on behalf of the Sovereign, but the
Crown Law Officer, on the consideration of any petition for
the exercise of the pardoning power having reference to theconviction of any person or to any sentence passed on aconvicted person, may—(a)refer the whole case to the Court, and the case shall beheard and determined by the Court as in the case of an
appeal by a person convicted; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 497

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 67 Appeals, subsequent appeals and pardons[s 675](b)675

if the Crown Law Officer desires the assistance of the
Court on any point arising in the case with a view to thedetermination of the petition, refer that point to the
Court for its opinion thereon, and the Court shallconsider the point so referred and furnish the Crown
Law Officer with its opinion thereon accordingly.

Conditional remission of sentence by Governor(1) In any case in which the Governor is authorised, on behalf of
the Sovereign, to extend the Royal mercy to an offender undersentence of imprisonment, the Governor may extend mercy
upon condition of the offender entering into a recognisanceconditioned as in the case of offenders discharged by the
Court upon suspension of the execution of a sentence.
(2) The offender is thereupon liable to the same obligations, andis liable to be dealt with in all respects in the same manner, asa person discharged by the Court on recognisance upon suchsuspension.
676

Pardon in case of imprisonment for non-payment ofmoney

The Governor may extend the Royal mercy to any person
imprisoned upon conviction of any of the offences defined inchapter 44, although the person is imprisoned for
non-payment of money which is payable to some private
person.
677

Effect of pardon

A pardon by the Governor, on behalf of the Sovereign, has theeffect of discharging the convicted person from theconsequences of the conviction.

Page 498

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678]Chapter 68

678

Exceptions to double jeopardy
rules

Definitions for chapter(1) In this chapter—25 year offence means an offence punishable byimprisonment for life or for a period of 25 years or more.
acquittal—(a)includes—(i)an acquittal in appeal proceedings in relation to an
offence; and(ii) an acquittal at the direction of a court; and(iii) a dismissal under section 700 or the Justices Act
1886, section 149; but(b)does not include—(i)an acquittal on account of unsoundness of mind
under section 647; or(ii) a discontinuance of proceedings under the Mental
Health Act 2016, section 119.
administration of justice offence means an offence underchapter 16.
Court means the Court of Appeal.
fresh and compelling evidence see section 678D.
interests of justice see section 678F.
prescribed offence means an offence, punishable byimprisonment for life, defined in—(a)section 215(1) to which section 215(3), (4) or (4A)
applies; or(b)section 216(1) to which section 216(3)(a) or (b) applies;or

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 499

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678A](c)section 217A(1) to which section 217A(3) applies; or(d)section 222(1); or(e)section 229B; or(f)section 303; or(g)section 306; or(h)section 313; or(i)section 314A; or(j)section 349; or(k)section 352(1) to which section 352(3)(a), (b) or (c)applies.

tainted acquittal see section 678E.
(2) For the purposes of this chapter, the retrial of an acquitted
person for an offence includes a trial if the offence is not thesame as the offence of which the person was acquitted.
(3) In this chapter, a reference to the proceedings in which aperson was acquitted includes, if they were appeal
proceedings, a reference to the earlier proceedings to which
the appeal related.
678A Application of ch 68(1) This chapter applies if a person has been acquitted of an
offence, whether before, on or after the commencement of thissection.
(2) However, this chapter does not apply if, in relation to a chargeof an offence, a person was acquitted of the offence as
charged and convicted instead of another offence of which theperson might have been convicted as an alternative to theoffence as charged.
Examples where this chapter does not apply—•

Page 500

in relation to a charge of the offence of murder, a person was
acquitted of murder and convicted instead of manslaughter

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678B]•

in relation to a charge of an offence committed with circumstancesof aggravation, a person was acquitted of the offence committedwith circumstances of aggravation and convicted instead of theoffence without any of the circumstances of aggravation•in relation to a charge of the offence of rape, a person was
acquitted of rape and convicted instead of incest(3) This section extends to a person acquitted in proceedings
outside this State of an offence under the law of the place
where the proceedings were held.
(4) However, this section does not extend as mentioned insubsection (3) if the law of the place where the proceedings
were held does not permit the person to be retried and theapplication of this chapter to the retrial is inconsistent with theCommonwealth Constitution or a law of the Commonwealth.
678B Court may order retrial for murder—fresh and compelling
evidence(1) The Court may, on the application of the director of publicprosecutions, order an acquitted person to be retried for theoffence of murder if satisfied that—(a)there is fresh and compelling evidence against theacquitted person in relation to the offence; and(b)

in all the circumstances it is in the interests of justice forthe order to be made.

(2) The Court may order a person to be retried for the offence ofmurder under this section even if the person had been charged
with and acquitted of a lesser offence relating to the unlawful
killing of another person.
(3) If the Court orders an acquitted person to be retried for theoffence of murder, the Court must quash the person’s acquittalor remove the acquittal as a bar to the person being retried.
(4) On the retrial, section 17 does not apply in relation to thecharge of the offence of murder.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 501

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678BA]

678BA Court may order retrial for prescribed offence—fresh andcompelling evidence(1) The Court may, on the application of the director of publicprosecutions, order an acquitted person to be retried for aprescribed offence if satisfied that—(a)there is fresh and compelling evidence against theacquitted person in relation to the prescribed offence;
and

(b)

in all the circumstances it is in the interests of justice forthe order to be made.

(2) The Court may order a person to be retried for a prescribed
offence (the relevant offence) under this section even if—(a)the person had been charged with and acquitted ofanother prescribed offence; and(b)

the relevant offence is an offence of which the person
might have been convicted as an alternative to the otherprescribed offence.

(3) Also, the Court may order a person to be retried for aprescribed offence (also the relevant offence) under thissection even if—(a)the person had been charged with and acquitted of theoffence of murder; and(b)

the relevant offence is an offence of which the person
might have been convicted as an alternative to theoffence of murder.

(4) If the Court orders an acquitted person to be retried for theprescribed offence, the Court must quash the person’s
acquittal or remove the acquittal as a bar to the person being
retried.
(5) On the retrial, section 17 does not apply in relation to thecharge of the prescribed offence.

Page 502

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678C]

678C Court may order retrial for 25 year offence—tainted
acquittal(1) The Court may, on the application of the director of publicprosecutions, order an acquitted person to be retried for a 25
year offence if satisfied that—(a)the acquittal is a tainted acquittal; and(b)

in all the circumstances it is in the interests of justice forthe order to be made.

(2) The Court may order a person to be retried for a 25 year
offence under this section even if the person had been charged
with and acquitted of another offence of which the person
might have been convicted as an alternative to the 25 year
offence.
(3) If the Court orders an acquitted person to be retried for a 25
year offence, the Court must quash the person’s acquittal orremove the acquittal as a bar to the person being retried.
(4) On the retrial, section 17 does not apply in relation to thecharge of the 25 year offence.
678D Fresh and compelling evidence—meaning(1) This section applies for the purpose of deciding under thischapter whether there is fresh and compelling evidence
against an acquitted person in relation to the offence ofmurder or a prescribed offence.
(2) Evidence is fresh if—(a)

it was not adduced in the proceedings in which theperson was acquitted; and(b)

it could not have been adduced in those proceedings
with the exercise of reasonable diligence by—(i)a police officer in relation to the investigation of
the commission of the offence; or(ii) a prosecutor in relation to the prosecution of theoffence.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 503

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678E](3) Evidence is compelling if—(a)

it is reliable; and(b)

it is substantial; and(c)in the context of the issues in dispute in the proceedings
in which the person was acquitted, it is highly probativeof the case against the acquitted person.

(4) Evidence that would be admissible on a retrial under thischapter is not precluded from being fresh and compelling
evidence merely because it would have been inadmissible in
the earlier proceedings against the acquitted person.
678E Tainted acquittal—meaning(1) This section applies for the purpose of deciding under thischapter whether the acquittal of an accused person is a tainted
acquittal.
(2) An acquittal is tainted if—(a)the accused person or another person has been convictedin this State or elsewhere of an administration of justiceoffence in relation to the proceedings in which theaccused person was acquitted; and(b)

it is more likely than not that, but for the commission of
the administration of justice offence, the accused person
would have been convicted.

(3) An acquittal is not a tainted acquittal during any of thefollowing periods—

Page 504(a)the period provided under section 671(1) for the person
convicted of the administration of justice offence (theconvicted person) to appeal, or obtain leave to appeal,from the conviction;(b)if, within the period mentioned in paragraph (a), theconvicted person gives notice of an appeal—the period
ending when the appeal is decided;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678F](c)

if, within the period mentioned in paragraph (a), theconvicted person gives notice of an application for leave
to appeal, the period ending—(i)if the application is refused—when the decisionrefusing the application is made; or(ii) if the application is granted—when the appeal isdecided.
Note—
Section 668D provides the right of appeal.

(4) If the conviction for the administration of justice offence is,on appeal, quashed after the Court has ordered the acquitted
person to be retried under this chapter because of theconviction, the person may apply to the Court to set aside theorder and—

678F

(a)

restore the acquittal that was quashed; or(b)restore the acquittal as a bar to the person being retried
for the offence.

Interests of justice—matters for consideration(1) This section applies for the purpose of deciding under thischapter whether it is in the interests of justice for an order tobe made for the retrial of an acquitted person.
(2) It is not in the interests of justice to make an order for the
retrial of an acquitted person unless the Court is satisfied thata fair retrial is likely in the circumstances.
(3) The Court must have regard in particular to—(a)the length of time since the acquitted person allegedly
committed the offence; and(b)whether any police officer or prosecutor has failed to act
with reasonable diligence or expedition in relation to—(i)

the investigation of the commission of the offenceof which the person was acquitted and theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 505

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678G]

prosecution of the proceedings in which the person
was acquitted; and(ii) the application for the retrial of the acquitted
person.
678G Application for retrial—procedure(1) If a person has been acquitted, not more than 1 application for
the retrial of the person may be made under this chapter in
relation to the acquittal.
(2) If the acquittal results from a retrial under this chapter—(a)an application may not be made for an order under
section 678B or 678BA in relation to the acquittal; but(b)an application may be made for an order under
section 678C in relation to the acquittal.

(3) An application for the retrial of an acquitted person may not
be made under this chapter unless—(a)the person has been charged with the offence for which
the retrial is sought (the relevant offence); or(b)a warrant has been issued for the person’s arrest in
relation to the relevant offence.

(4) The application must be made not later than 28 days after the
person is charged with the relevant offence or the warrant isissued for the person’s arrest in relation to the relevant
offence.
(5) The Court may extend the period mentioned in subsection (4)for good cause.
(6) The Court must consider the application at a hearing.
(7) The person to whom the application relates is entitled to bepresent and heard at the hearing, whether or not the person isin custody.

Page 506

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678H](8) However, if the person has been given a reasonable
opportunity to be present, the application may be decided
even if the person is not present.
(9) The powers of the Court mentioned in section 671B(1) may
be exercised in relation to the hearing of the application.
(10) The Court may at 1 hearing consider more than 1 application
under this chapter for a retrial (whether or not relating to thesame person), but only if the offences concerned may be triedon the same indictment.
(11) If the Court decides in proceedings on an application under
this chapter that the acquittal is not a bar to the person being
retried for the offence concerned, it must make a declaration
to that effect.
678H Retrial(1) An indictment for the retrial of a person that has been ordered
under this chapter may not, without the leave of the Court, bepresented after the end of the period of 2 months after theorder was made.
(2) The Court may give leave only if it is satisfied that—(a)the prosecutor has acted with reasonable expedition; and(b)there is good and sufficient reason for the retrial despite
the lapse of time since the order was made.

(3) If, after the end of the period of 2 months after an order for the
retrial of an accused person was made under this chapter, an
indictment for the retrial of the person has not been presented
or has been withdrawn or quashed, the person may apply to
the Court to set aside the order for the retrial and—(a)restore the acquittal that was quashed; or(b)restore the acquittal as a bar to the person being tried forthe offence.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 507

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678I](4) If the order is set aside, a further application may not be madeunder this chapter for the retrial of the accused person in
relation to—(a)the offence concerned; or(b)another offence of which the person might have been
convicted as an alternative to the offence concerned.

(5) At the retrial of an accused person, the prosecution is notentitled to refer to the fact that the Court has found that it
appears that—

678I

(a)

there is fresh and compelling evidence against theacquitted person; or(b)more likely than not, but for the commission of theadministration of justice offence, the accused person
would have been convicted.

Authorisation of police investigations(1) This section applies to any police investigation of thecommission of an offence by an acquitted person in relation to
the possible retrial of the person for the offence under thischapter.
(2) For the purposes of this section, a police investigation is aninvestigation that involves, whether with or without theconsent of the acquitted person—(a)

any arrest, questioning or search of the acquitted person,or the issue of a warrant for the arrest of the person; or(b)

any forensic procedure carried out on the person or any
search or seizure of premises or property of or occupiedby the person.

(3) A police officer may carry out or authorise a police
investigation to which this section applies only if the directorof public prosecutions—(a)Page 508

has advised that, in the opinion of the director of publicprosecutions, the acquittal would not be a bar to theCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678J]

retrial of the acquitted person in this State for theoffence; or(b)

has given written consent to the police investigation on
the application in writing of the commissioner, or a
deputy commissioner, of the police service.

(4) The commissioner, or a deputy commissioner, of the police
service may make an application for the police investigation
only if satisfied that relevant evidence for the purposes of an
application for a retrial under this chapter—(a)

has been obtained; or(b)

is likely to be obtained as a result of the investigation.

(5) The director of public prosecutions may give consent to thepolice investigation only if satisfied that—(a)there is, or there is likely as a result of the investigation
to be, sufficient new evidence to warrant the conduct of
the investigation; and(b)

it is in the public interest for the investigation toproceed.

(6) Despite the Police Service Administration Act 1990,
section 4.10, the commissioner of the police service may notdelegate powers of the commissioner under this section to apolice officer or staff member.
678J

Bail

(1) This section has effect despite anything to the contrary in the
Bail Act 1980.
(2) There is a presumption in favour of bail for a person who ischarged with an offence for which a retrial is sought under
this chapter until the application for the retrial is dealt with.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 509

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 68 Exceptions to double jeopardy rules[s 678K]

678K Restrictions on publication(1) A person must not publish any matter for the purpose ofidentifying or having the effect of identifying an acquitted
person who is being retried under this chapter or who is the
subject of—(a)a police investigation, or an application for a police
investigation, mentioned in section 678I; or(b)

an application for a retrial, or an order for retrial, under
this chapter.

(2) Subsection (1) does not apply if the publication is authorisedby order of the Court or of the court before which theacquitted person is being retried.
(3) The relevant court may make an order authorising publication
only if the court is satisfied that it is in the interests of justice
to make the order.
(4) Before making an order under this section, the relevant court
must give the acquitted person a reasonable opportunity to beheard on the application for the order.
(5) The relevant court may at any time vary or revoke an orderunder this section.
(6) The prohibition on publication under this section ceases tohave effect, subject to any order under this section, when thefirst of the following paragraphs apply—(a)there is no longer any step that could be taken which
would lead to the acquitted person being retried under
this chapter;(b)

if the acquitted person is retried under this chapter—thetrial ends.

(7) Nothing in this section affects any prohibition of the
publication of any matter under any other Act or law.
(8) A contravention of a prohibition on publication under thissection is punishable as contempt of the Supreme Court.

Page 510

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 69 Seizure and detention of property connected with offences—restitution ofproperty unlawfully acquired[s 679A]

Chapter 69

Seizure and detention ofproperty connected withoffences—restitution ofproperty unlawfully acquired

679A Search of aircraft(1) If it appears to the person in command of an aircraft that there
are reasonable grounds for suspecting that any offence
involving the safety of the aircraft has been, is being, is about
to be, or may be, committed on board or in relation to theaircraft it shall be lawful for the person and for any person
acting by the person’s authority with such assistance as the
person or such person may think necessary to search or cause
to be searched—(a)the aircraft and any person luggage and freight on board
the aircraft; and(b)

any person who is about to board the aircraft and any
luggage or freight that is about to be placed on board theaircraft;and seize—(c)anything whether animate or inanimate and whether
living or dead as to which there are reasonable grounds
for believing that it will of itself or by or on scientificexamination, afford evidence as to the commission of
any offence; or(d)anything as to which there are reasonable grounds forbelieving that it is intended to be used for the purpose ofcommitting any offence;and take it before a justice to be dealt with according to law.
(2) A female shall not be searched under this section except by afemale.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 511

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 69 Seizure and detention of property connected with offences—restitution ofproperty unlawfully acquired[s 680]680

Property found on offenders on arrest

When, on the arrest of any person on a charge of an offence
relating to property, the property in respect of which theoffence is alleged to be committed is found in the person’s
possession, the person arresting the person may take suchproperty before a justice to be dealt with according to law.
682

Disposal of property seized(1) When anything is seized or taken under the provisions of thisCode, the person seizing or taking it is required forthwith tocarry it before a justice.
(2) The justice may cause the thing so seized or taken to bedetained in such custody as the justice may direct, taking
reasonable care for its preservation, until the conclusion of
any investigation that may be held with respect to it; and, if
any person is committed for trial for any offence committedwith respect to the thing so seized or taken, or committed
under such circumstances that the thing so seized or taken is
likely to afford evidence at the trial, the justice may cause it tobe further detained in like manner for the purpose of being
produced in evidence at such trial.
(3) If no person is so committed, the justice is required to directthat the thing be returned to the person from whom it was
taken, unless the justice is authorised or required by law todispose of it otherwise.
(4) If the thing so seized or taken is anything forged orcounterfeit, or is of such a nature that a person who has it in
the person’s possession without lawful authority or excuse isguilty of an offence, then, if any person is committed for trial
for any offence committed with respect to it or committed
under such circumstances as aforesaid and is convicted, thecourt before which the person is convicted, or, in any othercase, any justice, may cause it to be defaced or destroyed.
(5) If the thing so seized or taken is of such a nature that a person
who has it in his or her possession, knowing its nature andPage 512

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 69 Seizure and detention of property connected with offences—restitution ofproperty unlawfully acquired[s 683]

without lawful authority or excuse, is guilty of an offence,
then, as soon as it appears that it will not be required, or
further required, in evidence against the person who had it in
his or her possession, it is to be delivered to the Treasurer, orsome person authorised by the Treasurer to receive it.
683

Explosives

If the thing seized or taken is an explosive substance found ina vessel or vehicle, the person acting in the execution of thewarrant may for 24 hours after seizure, and for such longer
time as is necessary for the purpose of removal to a safe placeof deposit, use the vessel or the vehicle, with the tackle andfurniture thereof, or the beasts, and accoutrements belonging
thereto as the case may be, paying afterwards to the owner ofthe vessel or vehicle a sufficient recompense for its use, whichis to be assessed by the justice or justices before whom thesuspected offender is brought, and, in case of non-payment
immediately after such assessment, may be recovered before 2
justices in a summary way.
685B Orders for delivery of certain property(1) Where any property has come into the custody or possessionof a court or justices in connection with any charge, the court
or justices, on the conclusion of the trial and on theapplication of the prosecutor, may make an order for thedelivery of the property to the person appearing to the court orjustices to be the person lawfully entitled thereto or, if that
person can not be ascertained, may make such order withrespect to the property as to the court or justices seems just.
(2) An order so made shall not be a bar to the right of any person
to recover the property by action from the person to whom it
is delivered by virtue of the order.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 513

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 70 Informations by private persons for indictable offences—ex officio indictments[s 686]

Chapter 70

686

Informations by private
persons for indictableoffences—ex officio
indictments

Information by leave of the court by private prosecutors(1) Any person may by leave of the Supreme Court present an
information against any other person for any indictableoffence, alleged to have been committed by such other person.
(2) An information presented by leave of the court is to be signedby the person on whose application the leave is granted, orsome other person appointed by the court in that behalf, andfiled in the Supreme Court.
(3) The person who signs the information is called the prosecutor.
(4) The information is to be intituled ‘The Queen on theprosecution of the prosecutor (naming the person) against theaccused person (naming the person)’, and must state that theprosecutor informs the court by leave of the court.
(5) Except as otherwise expressly provided, the information andthe proceedings upon it are subject to the same rules andincidents in all respects as an indictment presented by a
Crown Law Officer and the proceedings upon such anindictment as hereinbefore set forth.
687

Security to be given by prosecutor for costs of defence

Before the information is presented the prosecutor is to berequired to give security, in such amount and in such manneras the court on giving leave to present the information may
direct, that the prosecutor will prosecute the information
without delay, and will pay to the accused person such costs
incurred by the accused person in respect of the person’s
defence to the charge as the court may order the prosecutor to
pay.
Page 514

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 70 Informations by private persons for indictable offences—ex officio indictments[s 688]688

Service of information

An office copy of the information is to be served upon theaccused person, upon which copy there must be endorsed asummons, under the hand of the registrar and seal of the court,
requiring the person to appear and plead to the information
within the same time after service within which the person
would be required to enter an appearance after service of awrit in a civil action.
689

Plea

The accused person is required within the time so limited toenter an appearance and file the person’s plea in writing in theSupreme Court, and to deliver a copy thereof forthwith to theprosecutor.
690

Default of plea

(1) If the accused person does not plead to the informationaccording to the exigency of the summons endorsed on the
copy served on the person, the prosecutor may serve theaccused person with a notice to the effect that unless the
person pleads or demurs within 8 days a plea of not guilty will
be filed in the person’s name.
(2) Upon filing an affidavit setting forth the service of theinformation and of such notice, and of default of pleading inaccordance with the exigency of the notice, the prosecutor
may cause a plea of not guilty to be filed for the accused
person, and thereupon the same proceedings may be had as if
the accused person had filed a plea of not guilty.
(3) Or, in the case of a misdemeanour, judgment of conviction
may, by leave of the court or a judge, be entered against theaccused person for want of a plea.
(4) But the court or a judge may, either before or after the time soprescribed, allow further time for the accused person to pleador demur to the information.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 515

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 70 Informations by private persons for indictable offences—ex officio indictments[s 691]

691

Time and place of trial

When the accused person pleads any plea, or when a plea of
not guilty is filed for the person by the prosecutor, either party
may apply to a judge to appoint the time and place of trial, of
which notice is to be given to the accused person.
692

Effect of judgment for prosecutor on demurrer(1) If the accused person demurs only, and does not plead any
plea, and judgment is given against the person on demurrer,
the person is required to plead to the information within suchtime as the court or a judge may allow.
(2) If the accused person makes default in doing so, the sameproceedings may be taken as if the person had made default in
pleading in the first instance.
693

Effect of judgment by default(1) If judgment of conviction is entered against the accused
person for want of a plea, the person is required to attend toreceive the judgment of the court at a time and place to beappointed by a judge.
(2) If the accused person does not so attend, any justice may issue
a warrant to arrest the person and bring him or her before thecourt to receive judgment.
694

Costs of defence

In any of the following cases, that is to say—Page 516(a)

if an application for leave to present an information
against a person (the accused person) ends without theapplication being granted;(b)

if the accused person pleads to the information, and is
not brought to trial within a year after filing the person’s
plea;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 695](c)

if a Crown Law Officer informs the court that the Crown
Law Officer will not further proceed on the information;(d)

if the accused person is acquitted upon trial;

the court, or the judge before whom the trial (if any) is had,
may award costs to the accused person.
695

Practice to be applied on ex officio indictment

When an indictment is presented in the Supreme Court by a
Crown Law Officer against any person who has not beencommitted for trial for the offence charged in the indictment,
the Crown may proceed thereon in the manner prescribed inthis chapter with respect to informations filed by private
prosecutors, except that no security shall be required.

Chapter 71

Miscellaneous provisions

695A Power to protect victim of violence by prohibiting
publication of information about proceedings(1) This section applies to—(a)a judge of a court—(i)to which someone has been committed for trial orsentence for an indictable offence involving
personal violence; or(ii) before which an indictment has been presented for
an offence involving personal violence; or(iii) hearing and deciding a proceeding for a COVA
application relating to an offence involving
personal violence; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 517

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 696](b)a magistrate summarily hearing and deciding aproceeding for an indictable offence involving personal
violence, including a committal proceeding.

(2) The judge or magistrate may make an order prohibiting,indefinitely or for a specified time, the publication of
information about the address of a person against whom theviolence is alleged to have been committed.
(3) The order may be made on application by the person, or by
the prosecution acting in the person’s interests.
(4) The order may be made only if the information is not relevantto the guilt or innocence of the charged person.
(5) An application for an order under this division may be
made—
(a)

in chambers; and(b)only in the presence of persons the judge or magistrate
allows.

(6) On the hearing of the application the judge or magistrate may
receive and act on information the judge or magistrateconsiders appropriate.
(7) In this section—
address, of a person, means the address of the person’s
residence, school, place of employment or other address.
COVA application means an application under the repealed
Criminal Offence Victims Act 1995, part 3, as applying under
the Victims of Crime Assistance Act 2009, chapter 6, part 2.
696

Warrant for release of person detained in custody(1) This section applies if—

Page 518(a)a person (the accused) is detained in custody on acharge of an indictable offence; and(b)a decision has been made not to proceed with the
charge.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 697](2) The Attorney-General may issue a warrant for the accused’s
release from custody in relation to the charge.
(3) The warrant must be—(a)signed by the Attorney-General; and(b)addressed to the person having custody of the accused.

(4) The warrant authorises the person having custody of theaccused to release the accused from custody immediately in
relation to the charge stated in the warrant.
(5) However, the accused must not be released from custody if theaccused is otherwise lawfully detained.
697

Court may direct certain persons to be prosecuted for
perjury(1) If it appears to any court that any person has been guilty of
perjury in any testimony given before it, the court may
commit the person to take the person’s trial for such perjury
before any court of competent jurisdiction in the same manner
as if the person had been charged before a justice with thesame perjury, and sufficient evidence had been given against
the person.
(2) A person so committed may be granted bail in the samemanner as if the person had been committed for trial by ajustice.
(3) The court may order that any person be given a notice toappear and give evidence at the trial of a person so directed to
be prosecuted.
(4) In this section—
court includes any person before whom a writ of inquiry is
executed, but does not include a Magistrates Court.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 519

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 699]699

Staying prosecution for publication of parliamentarypaper(1) A person prosecuted on a charge of the unlawful publicationof defamatory matter which is contained in any paper
published by the person, or by the person’s servant, by order
or under the authority of the Legislative Assembly, may, at
any stage of the proceedings, apply to the Supreme Court or ajudge thereof or to the court in which the proceedings are
pending, for an order staying the prosecution, first giving 24
hours notice of intention so to do to the prosecutor; and upon
production to the court or judge of a certificate under the handof the Speaker of the Legislative Assembly or clerk of the
Parliament stating that the paper in respect of which theprosecution is instituted was published by the defendant, or by
the defendant’s servant, by order or under the authority of theAssembly, together with an affidavit verifying such certificate,
the court or judge is required immediately to stay theprosecution, and may order the prosecutor to pay to thedefendant the defendant’s costs of defence.
(2) A person prosecuted on a charge of the unlawful publicationof defamatory matter which is contained in a copy of, or an
extract from or abstract of, any such paper, may, at any stageof the proceedings, apply to the Supreme Court or a judge
thereof, or to the court in which the proceedings are pending,for an order staying the prosecution; and upon production to
the court or judge of an original of such paper, together withsuch a certificate as aforesaid, and an affidavit verifying thesame, the court or judge may stay the prosecution, and mayorder the prosecutor to pay to the defendant the defendant’s
costs of defence.
700

Certificate of dismissal by justices(1) When justices dismiss a complaint of an offence punishable
on summary conviction, whether an indictable offence or not,they may, if required and if they think fit, give the accused
person a certificate of dismissal.
Page 520

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 702](2) Such a certificate is a bar to any further prosecution of theaccused person for the same cause.
702

Saving of civil remedies

Except when expressly so provided, the prosecution orconviction of a person for an offence does not affect any civil
remedy which any person aggrieved by the offence may haveagainst the offender.
704

No court fees in criminal cases(1) No fees can be taken in any court of criminal jurisdiction or
before any justice from any person who is charged with anindictable offence for any proceeding had or taken in the courtor before the justice with respect to the charge.
(2) To remove any doubt, it is declared that the offender levy
imposed under the Penalties and Sentences Act 1992,
section 179C is not a fee mentioned in subsection (1).
705

Copies of depositions to be allowed to persons
committed for trial(1) Any person who is committed for trial or granted bail for any
indictable offence is entitled to have on demand from theperson who has the lawful custody thereof copies of thedepositions of the witnesses on whose depositions the person
has been so committed or granted bail.
(2) However, if the demand is not made before the day appointed
for the commencement of the sittings of the court at which thetrial of the person on whose behalf the demand is made is totake place, the person is not entitled to have any such copy
unless the judge is of opinion that the copy may be made anddelivered without delay or inconvenience to the trial.
(3) The court may postpone a trial on account of the accused
person not having previously had a copy of the depositions.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 521

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 706]706

Inspection of depositions at trial

Any person who is tried for any offence is entitled at the timeof the person’s trial to inspect without fee all depositions, or
copies of depositions, which have been taken against theperson and returned into the court before which the trial is
had.
706A Development of administrative arrangements(1) An administrative arrangement can not affect—(a)any power of a court, including any inherent power, togive a direction or make an order in a particular case, or
generally; or(b)the judicial independence of any court or judicial officer.

(2) However, a practice direction may be made to give effect to an
administrative arrangement.
(3) In this section—
administrative arrangement means an arrangement enteredinto between 2 or more relevant agencies for the developmentof compatible business and operating processes to facilitate
the efficient and timely resolution of proceedings underrelevant laws.
relevant agency means any of the following—

Page 522(a)the chief executive;(b)

the chief executive (corrective services);(c)the chief executive of the department in which the Youth
Justice Act 1992 is administered;(d)the commissioner of the police service;(e)the director of public prosecutions;(f)the Chief Magistrate under the Magistrates Act 1991;(g)

the Chief Judge of the District Court of Queensland
under the District Court of Queensland Act 1967;
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 8 Procedure
Chapter 71 Miscellaneous provisions[s 707](h)

the Chief Justice of Queensland;(i)the chief executive officer, Legal Aid Queensland;(j)the president
Incorporated;(k)

the president of the Bar Association of Queensland;(l)

if nominated by the chief executive—the chief executive
officer of a publicly funded, non-profit corporation
whose primary purpose as a corporation is to provide
legal services to Aboriginal and Torres Strait Islander
people.

oftheQueensland

Law

Societyrelevant law means any of the following—

707

(a)

any law that includes provisions relating to criminal
procedure, including in particular this Code and theJustices Act 1886;(b)

any other law that operates in conjunction with, or
whose operation is otherwise associated with, theoperation of a law mentioned in paragraph (a);(c)

practice directions relating to criminal practice andprocedure for the purposes of the operation of a law
mentioned in paragraph (a).

Forms of criminal proceedings

A form prescribed under a rule of court for a criminal
proceeding is taken to be—

708

(a)

sufficient for the purpose for which it is to be used; and(b)

if used, a sufficient statement of the relevant offence ormatter.

Regulation-making power

The Governor in Council may make regulations under thisCode.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 523

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 72 Transitional provision for Act No. 18 of 1999
[s 709]Part 9Transitional and validation
provisions

Chapter 72

Transitional provision for Act
No. 18 of 1999

709

Transitional provision for Act No. 18 of 1999

On a charge of unlawful stalking committed after thecommencement of the Criminal Code (Stalking) Amendment
Act 1999 (the commencement), evidence of an act describedin section 359B(c) done before the commencement may be
admitted for the purpose of deciding whether an act done after
the commencement constituted unlawful stalking.

Chapter 73

710

Transitional provision for
Justice Legislation(Miscellaneous Provisions) Act(No. 2) 1999

Transitional provision for Justice Legislation(Miscellaneous Provisions) Act (No. 2) 1999

(1) This section applies if, after the commencement of the Justice
Legislation (Miscellaneous Provisions) Act (No. 2) 1999,
section 11—

Page 524(a)a charge of an offence against section 339(1) is before
the Supreme or District Court; and(b)the person charged with the offence informs the courtthat he or she does not want to be tried by jury; andCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 74 Transitional provision for Criminal Law Amendment Act 2000
[s 711](c)the prosecutor agrees to the charge being dealt withsummarily.

(2) The court may order that—(a)the matter be remitted to a court of summary jurisdiction
for the charge to be dealt with summarily; and(b)the court registrar send the relevant court record to theregistrar of the relevant court of summary jurisdiction.

(3) The court may not make an order under subsection (2) if
satisfied that because of the nature or seriousness of theoffence or any other relevant consideration the defendant, if
convicted, may not be adequately punished on summaryconviction.

Chapter 74

711

Transitional provision for
Criminal Law Amendment Act
2000

Transitional provision for Criminal Law Amendment Act
2000(1) In relation to an indictment mentioned in section 578(1), (1A)or (4) charging a person with an offence that was committed
before the commencement of this section, the reference inthose provisions to section 352 is a reference to section 337 as
in force at any time before the commencement of this section.
(2) In relation to an indictment presented before thecommencement of this section, the person charged in theindictment may be convicted of an offence because of
section 578 only if the person could have been convicted of
the offence because of section 578 as in force immediately
before the commencement of this section.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 525

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 75 Transitional provision for Criminal Law Amendment Act 2002
[s 712]

Chapter 75

712

Transitional provision for
Criminal Law Amendment Act
2002

Transitional provision for Criminal Law Amendment Act
2002

Section 568(6) to (8), as in force at any time before thecommencement of this section, continues to apply in relation
to an indictment under section 568(6) presented before thecommencement of this section as if the Criminal Law
Amendment Act 2002, section 29 had not been enacted.

Chapter 76

713

Transitional provision for
Sexual Offences (Protection ofChildren) Amendment Act 2003

Transitional provision for Sexual Offences (Protection ofChildren) Amendment Act 2003—unlawful sexual
relationship

On a charge of an offence as defined in section 229B,
evidence of an unlawful sexual act or acts done before thecommencement of this section may be admitted for the
purpose of deciding whether unlawful sexual acts done after
the commencement of this section establish the existence ofan unlawful sexual relationship.

Page 526

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 77 Validation provision for Criminal Proceeds Confiscation Act 2002
[s 714]

Chapter 77

714

Validation provision for
Criminal Proceeds
Confiscation Act 2002

Validation provision for Criminal Proceeds Confiscation
Act 2002—presentation of indictment(1) This section applies to an indictment presented before thecommencement of this section by a person, appointed or
employed in, or engaged by, the Office of the Director of
Public Prosecutions, who was not authorised under an Act topresent the indictment.
(2) The indictment is taken to have been presented by the directorof public prosecutions.
(3) Any proceedings taken, or other thing done, in relation to theindictment is taken to be as valid as if the proceedings weretaken, or other thing done, in relation to an indictment
presented by the director of public prosecutions.

Chapter 78

715

Transitional provision for
Evidence (Protection ofChildren) Amendment Act 2003

Transitional provision for disclosure by the prosecution

Chapter 62, chapter division 3 applies to the following typesof relevant proceeding, even if the offence concerned wascommitted before the commencement of this section—(a)a relevant proceeding started in relation to an offence if
the charge against the accused person for the offence
was brought after the commencement of this section;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 527

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 79 Transitional provision for Defamation Act 2005
[s 716](b)a relevant proceeding in relation to an indictment
presented after the commencement of this section;(c)a relevant proceeding that is a new trial ordered by the
court if the order is made after the commencement of
this section.

Chapter 79

716

Transitional provision for
Defamation Act 2005

Defence of truth of defamatory matter still to be speciallypleadedSection 599, as in force at any time before the commencementof this section, continues to apply in relation to a person
charged with the unlawful publication of defamatory matter
under the Defamation Act 1889 as if the Defamation Act 2005,
schedule 4, amendments of the Criminal Code, item 2 had notbeen enacted.

Chapter 80

717

Transitional provision for
Criminal Code Amendment Act
2006

Effect of repeal of ss 56, 57 and 58(1) After the commencement of the Criminal Code Amendment
Act 2006, a person can not be charged with, prosecuted for or
further prosecuted for, or convicted of, an offence against
section 56, 57 or 58 or punished for doing or omitting to do an
act that constituted that offence.

Page 528

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 81 Transitional provision for Justice and Other Legislation Amendment Act 2007[s 718](2) However, subsection (1) does not prevent a person being
punished by the Legislative Assembly for contempt of theLegislative Assembly as defined under the Parliament ofQueensland Act 2001.

Chapter 81

718

Transitional provision for
Justice and Other Legislation
Amendment Act 2007

Appointment of animal valuers

A person appointed as an animal valuer under section 450F, as
in force immediately before the commencement of thissection, continues to hold the appointment after thecommencement, as if the appointment had been made by thechief executive.

Chapter 82

719

Transitional provision for
Criminal Code and Other Acts
Amendment Act 2008

References to particular offences(1) The following provisions apply as if a reference to section 208
included a reference to section 209 as in force at any time
before its repeal by the amending Act—•section 229B(10), definitions offence of a sexual natureand prescribed age•

section 578(1), (1A) and (4)•section 636(1), definition prescribed offence.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 529

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 83 Transitional provision for Criminal Code and Jury and Another Act Amendment
Act 2008[s 720](2) Section 568(2) applies as if it included a reference to anindictment against a trustee to whom the Trust Accounts Act
1973 applies for an offence under section 436 as in force at
any time before its repeal by the amending Act.
(3) Section 641(1) applies as if it included a reference to a trustee
within the meaning of the Trust Accounts Act 1973 charged
with an offence under section 436 as in force at any time
before its repeal by the amending Act and, for that purpose,
section 641(2), as in force immediately before thecommencement of this section, continues to apply.
(4) Section 644A applies as if the reference to section 101
included a reference to section 103 as in force at any time
before its repeal by the amending Act.
(5) In this section—
amending Act means the Criminal Code and Other Acts
Amendment Act 2008.

Chapter 83

720

Transitional provision for
Criminal Code and Jury andAnother Act Amendment Act
2008

Trial by judge alone(1) Chapter 62, chapter division 9A applies in relation to a trial
begun after the commencement whether the offence wascommitted before or after the commencement.
(2) For subsection (1), the trial has begun when the jury panel
attends before the court.
(3) In this section—

Page 530

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 84 Transitional provision for Justice and Other Legislation Amendment Act 2008,
part 8[s 721]

commencement means the commencement of the Criminal
Code and Jury and Another Act Amendment Act 2008, part 2.

Chapter 84

721

Transitional provision for
Justice and Other Legislation
Amendment Act 2008, part 8

Notices to witnesses(1) This section applies if, before the commencement of thissection, a witness is given a notice to witness in relation to thetrial of a person.
(2) Sections 559, 590AA, 593A and 597A, as in force
immediately before the commencement of this section,
continue to have effect in relation to the notice to witness
until—(a)the trial of the person is concluded; or(b)the court otherwise directs; or(c)

3 years after the commencement of this section;

whichever happens first.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 531

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 85 Transitional provision for the Criminal Code (Medical Treatment) Amendment
Act 2009[s 722]

Chapter 85

722

Transitional provision for the
Criminal Code (Medical
Treatment) Amendment Act
2009

Retrospective application of amendment(1) This Code as amended by the Criminal Code (Medical
Treatment) Amendment Act 2009, section 3 applies toproceedings for an offence—(a)started but not finished before 19 August 2009; or(b)started after 19 August 2009, whether the act oromission constituting the offence happened before orafter 19 August 2009.

(2) Subsection (1) does not apply to proceedings for an appeal
against a conviction or sentence that happened before 19
August 2009.

Chapter 86

723

Transitional provisions for
Criminal Code (Abusive
Domestic Relationship Defence
and Another Matter)
Amendment Act 2010

Retrospective application of amendment(1) This Code, as amended by the Criminal Code (Abusive
Domestic Relationship Defence and Another Matter)
Amendment Act 2010, section 3, applies to proceedings for an
offence—(a)Page 532

started but not finished before the commencement; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 87 Transitional provision for members of QR Group[s 724](b)started after the commencement, whether the act oromission constituting the offence happened before orafter the commencement.

(2) Subsection (1) does not apply to proceedings for an appeal
from a conviction or sentence that happened before thecommencement.
(3) In this section—commencement means the commencement of the Criminal
Code (Abusive Domestic Relationship Defence and Another
Matter) Amendment Act 2010, section 3.

Chapter 87

724Transitional provision formembers of QR Group

Employees of members of QR Group taken to be persons
employed in public service during interim period(1) During the interim period, the chief executive officer of QR
Limited and persons employed by a member of QR Group aretaken to be persons employed in the public service.
(2) In this section—change of ownership means the beginning of the day notified
by the Treasurer by gazette notice for this chapter.
commencement means the commencement of this chapter.
interim period means the period from the commencement tothe change of ownership.
member of QR Group means QR Limited or a related body
corporate of QR Limited.
QR Limited means QR Limited ACN 124 649 967.
related body corporate has the meaning given in the
Corporations Act.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 533

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 88 Transitional provisions for Civil and Criminal Jurisdiction Reform andModernisation Amendment Act 2010[s 725]

Treasurer means the Minister who administers the Financial
Accountability Act 2009.

Chapter 88

725Transitional provisions for Civil
and Criminal Jurisdiction
Reform and Modernisation
Amendment Act 2010

Definitions for ch 88

In this chapter—amending Act means the Civil and Criminal Jurisdiction
Reform and Modernisation Amendment Act 2010.
originating step, for a proceeding, means—

726

(a)

the arrest of the defendant in the proceeding; or(b)the making of a complaint under the Justices Act 1886,
section 42 in relation to the defendant in the proceeding;or(c)the serving of a notice to appear on the defendant in theproceeding under the Police Powers and Responsibilities
Act 2000, section 382.

New disclosure provisions apply only to prosecutionscommenced after commencement(1) Chapter 62, chapter divisions 2, 3, 4 and 4A, as amended orinserted by the amending Act, apply to a proceeding for an
offence only if an originating step for the proceeding is taken
on or after the commencement of this section.
(2) For subsection (1), it does not matter when the offence wascommitted.
Page 534

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 88 Transitional provisions for Civil and Criminal Jurisdiction Reform andModernisation Amendment Act 2010[s 727]727

New summary disposition provisions apply only toprosecutions commenced after commencement(1) Chapter 58A, as amended by the amending Act, applies inrelation to a charge for an offence only if an originating stepfor the proceeding for the charge is taken on or after thecommencement of this section.
(2) For subsection (1), it does not matter when the offence wascommitted.
(3) Subsection (4) applies if—(a)an originating step for a proceeding for a charge for an
old offence is taken against a person on or after thecommencement of this section in relation to
circumstances that happened before the repeal of theprovision providing for the old offence; and(b)the proceeding for the old offence is not prevented under
section 11(1).

(4) The issue of whether the charge for the old offence must be
heard and decided summarily must, to the greatest practicable
extent, be decided according to whether a charge for the newoffence could be, or would be required to be, heard anddecided summarily.
(5) In this section—
new offence means the offence that, for the purposes ofsection 11(1), is the offence under the law in force at the time
when the person is charged with the old offence.
old offence means an offence against a provision of this Codethat was repealed at any time before the commencement of
this section.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 535

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 89 Transitional provision for Criminal Code and Other Legislation Amendment Act
2011[s 728]Chapter 89

728

Transitional provision for
Criminal Code and Other
Legislation Amendment Act
2011

Application of amendment Act(1) This Code, as amended by the amendment Act, sections 4 and6, applies to proceedings for an offence started after thecommencement of the sections, whether the act or omission
constituting the offence happened before or after thecommencement of the sections.
(2) Subsection (1) does not apply to proceedings for an appeal
from a conviction or sentence that happened before thecommencement of the amendment Act, sections 4 and 6.
(3) This Code, as amended by the amendment Act, sections 5, 7
and 8, applies to proceedings for an offence only if the act oromission constituting the offence happened after thecommencement of the sections.
(4) In this section—
amendment Act means the Criminal Code and Other
Legislation Amendment Act 2011.

Chapter 90

729

Transitional provision for
Criminal Law Amendment Act
2012

Application of amendment Act(1) Section 305, as amended by the amendment Act, section 3, tothe extent the amendment Act increases the minimum numberof years of imprisonment to be served, applies only if—
Page 536

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 90 Transitional provision for Criminal Law Amendment Act 2012[s 729](a)for section 305(2)(a), at least 1 conviction of murder isfor an offence committed after the commencement, even
if the other offence or offences were committed before
the commencement; or(b)for section 305(2)(b), either the conviction of murder isfor, or the other offence of murder taken into account isfor, an offence committed after the commencement,even if one of those offences was committed before thecommencement; or(c)for section 305(2)(c), either the conviction of murder isfor, or the other offence of murder for which the person
has previously been sentenced is for, an offence
committed after the commencement, even if one ofthose offences was committed before thecommencement; or(d)for section 305(4), the conviction of murder is for an
offence committed after the commencement.

(2) For an offence mentioned in subsection (1) as having beencommitted before the commencement, for which there was aconviction, it does not matter whether the conviction wasrecorded before or after the commencement.
(3) This section applies despite section 11 and the Acts
Interpretation Act 1954, section 20C(3).
(4) In this section—
amendment Act means the Criminal Law Amendment Act
2012.
commencement means the commencement of the amendment
Act, section 3.
minimum number of years of imprisonment to be servedmeans the minimum number of years of imprisonment a
person must serve before the person may be released from
imprisonment under an order made under section 305 by the
court sentencing the person.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 537

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 91 Transitional provisions for Criminal Law (Child Exploitation and Dangerous
Drugs) Amendment Act 2013[s 730]Chapter 91

730

Transitional provisions for
Criminal Law (Child
Exploitation and Dangerous
Drugs) Amendment Act 2013

Indictments for offences

This Code, as amended by the Criminal Law (Child
Exploitation and Dangerous Drugs) Amendment Act 2013,section 26, applies to an indictment against a person for an
offence against section 228A, 228B, 228C or 228D whether
the act or omission constituting the offence happened before,
on or after the commencement of this section.

Chapter 92

731

Transitional provision for
Criminal Law (Criminal
Organisations Disruption) and
Other Legislation Amendment
Act 2013

Application of amended s 597C

Section 597C as amended by the Criminal Law (Criminal
Organisations Disruption) and Other Legislation Amendment
Act 2013 applies to the arraignment of an accused person in aproceeding for an offence, whether the proceeding was started
before, on or after the commencement of this section.

Page 538

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 93 Transitional provision for Criminal Code and Another Act (Stock) Amendment
Act 2014[s 732]

Chapter 93

732

Transitional provision for
Criminal Code and Another Act(Stock) Amendment Act 2014

Tendering, return or disposal of stock(1) If an undertaking under former section 450E was given for an
animal before the commencement, the section continues toapply to the animal as if the amendment Act had not beenenacted.
(2) If an undertaking under former section 450G was given for an
animal before the commencement, the section continues toapply to the animal as if the amendment Act had not beenenacted.
(3) The prescribed provisions apply to an animal seized before
the commencement, other than an animal for which anundertaking mentioned in subsection (1) or (2) was given
before the commencement.
(4) In this section—
amendment Act means the Criminal Code and Another Act(Stock) Amendment Act 2014.
animal see section 450D.
commencement means the commencement of this section.
former, in relation to a provision, means the provision as inforce before the commencement.
prescribed provisions means the following—(a)chapter 44A, chapter division 1;(b)sections 450E(1)(b) and 450EA;(c)chapter 44A, chapter division 3;(d)sections 450EI and 450EJ.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 539

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 94 Transitional provisions for Criminal Law Amendment Act 2014[s 733]

Chapter 94

733

Transitional provisions for
Criminal Law Amendment Act
2014

Extended application of ch 68

Chapter 68 applies to a person acquitted of an offence—(a)whether the person has been acquitted of the offence
before, on or after the commencement of—(i)chapter 68 on 25 October 2007; or(ii) the Criminal Law
section 35; and
(b)

734

Amendment

Act

2014,

whether the circumstances supporting an order for a
retrial of the person arose before, on or after thecommencement of a provision mentioned inparagraph (a)(i) or (ii).

Application of s 564

Section 564(2A) applies to the sentencing of an offender for
an offence whether the proceeding for the offence was started
before, on or after the commencement of this section.

Chapter 95

735

Transitional provision for
Health and Other Legislation
Amendment Act 2016

References to particular offences(1) An amended provision applies as if a reference to section 215
in the amended provision included a reference to—Page 540

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 96 Transitional provisions for Serious and Organised Crime Legislation
Amendment Act 2016[s 736](a)the Criminal Code, section 208 as in force at any time
before its repeal by the Health and Other Legislation
Amendment Act 2016; and(b)

the Criminal Code, section 209 as in force at any time
before its repeal by the Criminal Code and Other Acts
Amendment Act 2008.

(2) The definition prescribed offence in section 636(1) applies as
if it included a reference to an offence defined in a provision
mentioned in subsection (1)(a) or (b).
(3) In this section—
amended provision means any of the following provisions as
in force on or after the commencement—(a)section 229B(10), definition offence of a sexual nature;(b)

section 578(1) and (4).

Chapter 96

736

Transitional provisions for
Serious and Organised Crime
Legislation Amendment Act
2016

Review of consorting provisions(1) The Minister must, as soon as practicable after the day that is
5 years after the commencement of the consorting provisions,
appoint a retired judge (the reviewer) to—(a)review the operation of the consorting provisions; and(b)

prepare, and give the Minister, a written report on theoutcome of the review.

(2) The terms of reference for the review are the terms decided by
the Minister.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 541

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 96 Transitional provisions for Serious and Organised Crime Legislation
Amendment Act 2016[s 736](3) Without limiting subsection (2), the terms of reference for thereview must state the following matters—(a)the object of the review is for the reviewer to decide
whether the consorting provisions have been effective in
disrupting serious and organised crime;(b)

if the reviewer decides the consorting provisions havenot been effective in disrupting serious and organised
crime, the reviewer must recommend any amendmentsof the provisions the reviewer considers necessary to
improve the effectiveness of the provisions;(c)in conducting the review, the reviewer must consider
whether any demographic has been disproportionately
or adversely affected by the consorting provisions.
Examples of a demographic—
Aboriginal people, Torres Strait Islanders, homeless people,
drug dependent people(4) The Minister must, within 14 sitting days after receiving thereviewer’s report for the review, table a copy of the report in
the Legislative Assembly.
(5) In this section—
consorting provisions means—

Page 542(a)part 2, chapter 9A; and(b)

the following provisions of the Police Powers andResponsibilities Act 2000—•

section 30(i)•section 32(2)(b)•section 41(p)•section 41A•

section 43B•

chapter 2, part 6A•

section 60(3)(k).
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 96 Transitional provisions for Serious and Organised Crime Legislation
Amendment Act 2016[s 737]

retired judge means—

737

(a)

a retired Supreme Court judge; or(b)a retired District Court judge.

Regulation made by the Serious and Organised Crime
Legislation Amendment Act 2016

(1) This section applies to the regulation made by the Serious andOrganised Crime Legislation Amendment Act 2016,section 494 and schedule 2.
(2) The regulation is subordinate legislation.
(3) The Statutory Instruments Act 1992, part 6 does not apply tothe regulation.
738

Offences against ss 60A and 60B charged before repeal(1) This section applies if—(a)a person was charged with an offence against
section 60A or 60B before the section was repealed; and(b)at the time of the repeal, the proceeding for the offence
had not been finally decided.

(2) The proceeding for the offence may be continued, and theperson may be punished for the offence, as if the section had
not been repealed.
(3) To remove any doubt, it is declared that section 11 does not
limit subsection (2).

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 543

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 97 Transitional provision for Criminal Law Amendment Act 2017[s 739]Chapter 97

739

Transitional provision for
Criminal Law Amendment Act
2017

Application of amendment Act(1) This Code, as amended by the amendment Act, section 10,
applies to a proceeding for an offence only if the offence wascommitted after the commencement of that section.
(2) In this section—
amendment Act means the Criminal Law Amendment Act
2017.

Chapter 98

740

Transitional provision forVictims of Crime Assistanceand Other Legislation
Amendment Act 2017

Protected counselling communications(1) Section 590APA applies to a proceeding for an offence only if
an originating step for the proceeding is taken on or after thecommencement, whether the act or omission constituting theoffence happened before or after the commencement.
(2) In this section—
originating step, for a proceeding, means—

Page 544(a)the arrest of the defendant in the proceeding; or(b)the making of a complaint under the Justices Act 1886,
section 42 in relation to the defendant in the proceeding;or
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 99 Transitional provision for Penalties and Sentences (Drug and Alcohol Treatment
Orders) and Other Legislation Amendment Act 2017[s 741](c)the serving of a notice to appear on the defendant in theproceeding under the Police Powers and Responsibilities
Act 2000, section 382.

Chapter 99

Transitional provision for
Penalties and Sentences (Drugand Alcohol Treatment Orders)and Other Legislation
Amendment Act 2017

741

Application of s 552H

A court may impose the penalty mentioned in
section 552H(1)(a) for an offence committed before thecommencement.

Chapter 100

742

Transitional provision for
Criminal Code(Non-consensual Sharing ofIntimate Images) Amendment
Act 2019

Application of s 229AA

Section 229AA applies to an offender convicted of an offence
against section 227A(1) or (2) or 227B(1) after thecommencement, even if the offence was committed, or theoffender was charged with the offence, before thecommencement.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 545

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 101 Transitional provision for Police Powers and Responsibilities and Other
Legislation Amendment Act 2020[s 743]

Chapter 101

743

Transitional provision for
Police Powers andResponsibilities and Other
Legislation Amendment Act
2020

Saving of former s 205A

(1) Former section 205A continues to apply, as if part 4 of theamending Act had not commenced, in relation to an offence
against the section committed before the commencement.
(2) In this section—
amending Act means the Police Powers and Responsibilities
and Other Legislation Amendment Act 2020.
former section 205A means section 205A as in force fromtime to time before it was amended by part 4 of the amending
Act.

Page 546

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 744]

Chapter 102

Transitional and declaratory
provisions for Criminal Code(Child Sexual Offences Reform)
and Other Legislation
Amendment Act 2020

Chapter division 1

744

Provisions commencing on
day after assent

Application of repealed s 212(1) Repealed section 212 is taken always to have applied as if thelimitation provision of the section were not, and had neverbeen, in force.
(2) To remove any doubt, it is declared that any immunity fromprosecution acquired because of the limitation provision of
repealed section 212 is abolished.
(3) In this section—
1989 amendment means the Criminal Code, Evidence Act
and Other Acts Amendment Act 1989, section 13.
limitation provision, of repealed section 212, means theprovision of repealed section 212 that limited the period
within which a prosecution for either of the offences definedin the section must be begun.
repealed section 212 means section 212 as in force from time
to time before the commencement of the 1989 amendment.
745

Application of former s 215(1) Former section 215 is taken always to have applied as if thelimitation provision of the section were not, and had neverbeen, in force.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 547

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 746](2) To remove any doubt, it is declared that any immunity fromprosecution acquired because of the limitation provision offormer section 215 is abolished.
(3) However, subsections (1) and (2) do not apply in relation to
the limitation provision of former section 215 to the extent it
applied, from time to time before the commencement of the
1976 amendment, to a prosecution for an offence in relation toa girl of 16 years.
(4) In this section—
1976 amendment means the Criminal Code Amendment Act
1976, section 19.
1989 amendment means the Criminal Code, Evidence Act
and Other Acts Amendment Act 1989, section 14.
former section 215 means section 215 as in force from time totime before the commencement of the 1989 amendment.
limitation provision, of former section 215, means theprovision of former section 215 that limited the period within
which a prosecution for either of the offences firstly defined in
the section must be begun.
746

Application of s 229B to acts done before 3 July 1989

(1) Section 229B as in force on the commencement of this section
applies, and is taken always to have applied, in relation to acts
done before the commencement of the 1989 amendment.
(2) For applying section 229B under subsection (1), the section
applies, and is taken always to have applied, as if—(a)the maximum penalty under section 229B(1) were—(i)

if in the course of the unlawful sexual relationshipthe adult committed an unlawful sexual act for
which the adult is liable to imprisonment for 14
years or more—life imprisonment; or(ii) if in the course of the unlawful sexual relationshipthe adult committed an unlawful sexual act forPage 548

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 747]

which the adult is liable to imprisonment for 5
years or more but less than 14 years—14 years
imprisonment; or(iii) otherwise—7 years imprisonment; and(b)

the reference in section 229B(10), definition offence of asexual nature to an offence defined in section 210 (otherthan section 210(1)(e) or (f)), 215, 222, 349, 350 or 352
included a reference to an offence—(i)defined in a provision of this Code as in force fromtime to time before the commencement of the 1989
amendment; and(ii) constituted by an act that would, if committed on
the commencement of this section, constitute an
offence defined in a section mentioned in thatdefinition.
(3) Subsection (1) does not apply in relation to an act done before
the commencement of the 1989 amendment if, before thecommencement of this section, the act was the subject of acharge of an offence, whether or not the charge was finallydealt with.
(4) In this section—
1989 amendment means the Criminal Code, Evidence Act
and Other Acts Amendment Act 1989, section 23.
747

Application of s 229B during period 3 July 1989 to 30
April 2003

(1) Section 229B as in force on the commencement of this section
applies, and is taken always to have applied, during thefollowing periods—(a)the period starting on the commencement of the 1989
amendment and ending immediately before thecommencement of the 1997 amendment;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 549

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 747](b)

the period starting on the commencement of the 1997
amendment and ending immediately before thecommencement of the 2003 amendment.

(2) For applying section 229B under subsection (1)(a), the section
applies, and is taken always to have applied, as if—(a)the maximum penalty under section 229B(1) were—(i)

if in the course of the unlawful sexual relationshipthe adult committed an unlawful sexual act for
which the adult is liable to imprisonment for 14
years or more—life imprisonment; or(ii) if in the course of the unlawful sexual relationshipthe adult committed an unlawful sexual act for
which the adult is liable to imprisonment for 5
years or more but less than 14 years—14 years
imprisonment; or(iii) otherwise—7 years imprisonment; and(b)

the reference in section 229B(10), definition offence of asexual nature to an offence defined in section 210 (otherthan section 210(1)(e) or (f)), 215, 222, 349, 350 or 352
included a reference to an offence—(i)defined in a provision of this Code as in force fromtime to time before the commencement of the 1997
amendment; and(ii) constituted by an act that would, if committed on
the commencement of this section, constitute an
offence defined in a section mentioned in thatdefinition.
(3) For applying section 229B under subsection (1)(b), thesection applies, and is taken always to have applied, as if—(a)the maximum penalty under section 229B(1) were—(i)Page 550

if in the course of the unlawful sexual relationshipthe adult committed an unlawful sexual act for
which the adult is liable to imprisonment for 14
years or more—life imprisonment; orCurrent as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 747](ii) otherwise—14 years imprisonment; and(b)

the reference in section 229B(10), definition offence of asexual nature to an offence defined in section 210 (otherthan section 210(1)(e) or (f)), 215, 222, 349, 350 or 352
included a reference to an offence—(i)defined in a provision of this Code as in force fromtime to time before the commencement of the 2003
amendment; and(ii) constituted by an act that would, if committed on
the commencement of this section, constitute an
offence defined in a section mentioned in thatdefinition.
(4) If an adult has been charged, before the commencement of
this section, with committing an offence against section 229B
over a period that includes any part of a period mentioned insubsection (1)(a) or (b), subsection (1) does not apply in
relation to the period the subject of the charge for—(a)the proceeding for the offence; or(b)

any appeal against a conviction or sentence for theoffence.

(5) Also, section 229B as applied under subsection (1) does not
apply in relation to an act done during a period mentioned insubsection (1)(a) or (b) if, before the commencement of thissection, the act was the subject of a charge of an offence,
whether or not the charge was finally dealt with.
(6) In this section—
1989 amendment means the Criminal Code, Evidence Act
and Other Acts Amendment Act 1989, section 23.
1997 amendment means the Criminal Law Amendment Act
1997, section 33.
2003 amendment means the Sexual Offences (Protection ofChildren) Amendment Act 2003, section 18.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 551

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act 2020[s 748]748

Proceedings for offences against s 229B

(1) This section applies in relation to an offence committed by aperson against section 229B as applied under section 746 or
747.
(2) A proceeding for the offence may be started, and the person
may be convicted of and punished for the offence, as if
section 229B had always applied in the way provided forunder section 746 or 747.
(3) This section applies despite section 11 and the Acts
Interpretation Act 1954, section 20C.
749

Application of former s 218B to certain conduct(1) If conduct constituting an offence against former
section 218B started before the commencement and continues
after the commencement, former section 218B continues toapply in relation to all of the conduct constituting the offence.
(2) In this section—
former section 218B means section 218B as in force fromtime to time before the commencement.
750

Application of amended ss 668A and 669A

(1) Section 668A, as amended by the amending Act, applies inrelation to the referral, after the commencement, of a point oflaw mentioned in section 668A(1), whether the direction or
ruling in relation to which the point of law has arisen wasgiven before, or is given after, the commencement.
(2) Section 669A, as amended by the amending Act, applies inrelation to the making of an appeal, after the commencement,
against an order staying proceedings or further proceedings on
an indictment, whether the order was made before, or is madeafter, the commencement.
(3) In this section—

Page 552

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 103 Transitional provisions for Justice and Other Legislation Amendment Act 2020[s 751]amending Act means the Criminal Code (Child Sexual
Offences Reform) and Other Legislation Amendment Act
2020.

Chapter division 2

751

Provision commencing by
proclamation

Application of s 229BC

Section 229BC applies to an adult in relation to information
gained on or after the commencement whether the
information relates to an alleged offence believed to have beencommitted by an alleged offender before or after thecommencement.

Chapter 103

752

Transitional provisions for
Justice and Other Legislation
Amendment Act 2020

Application of s 359E(4)(1) Section 359E(4), as amended under the Justice and Other
Legislation Amendment Act 2020, applies to the crime ofunlawful stalking whether any of the acts constituting theunlawful stalking have been done before or after thecommencement.
(2) This section applies despite section 11(2) and the Acts
Interpretation Act 1954, section 20C(3).

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 553

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 103 Transitional provisions for Justice and Other Legislation Amendment Act 2020[s 753]753

Application of ch 58A before and after amendment toparticular charges(1) Chapter 58A, as in force immediately before thecommencement, continues to apply in relation to a charge for
an offence if an originating step for the proceeding for the
charge was taken before the commencement.
(2) Chapter 58A, as amended under the Justice and Other
Legislation Amendment Act 2020, applies in relation to acharge for an offence if—(a)no originating step for the proceeding for the charge wastaken before the commencement; and(b)an originating step for the proceeding for the charge istaken on or after the commencement.

(3) For subsection (2), it does not matter when the offence wascommitted.
(4) In this section—
originating step, for a proceeding, means—

Page 554(a)the arrest of the defendant in the proceeding; or(b)the making of a complaint under the Justices Act 1886,
section 42 in relation to the defendant in the proceeding;or(c)the serving of a notice to appear on the defendant in theproceeding under the Police Powers and Responsibilities
Act 2000, section 382.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 104 Transitional provision for Criminal Code (Consent and Mistake of Fact) and
Other Legislation Amendment Act 2021
[s 754]

Chapter 104

754

Transitional provision for
Criminal Code (Consent andMistake of Fact) and Other
Legislation Amendment Act
2021

Offences charged before or after the commencement(1) Despite the Criminal Code (Consent and Mistake of Fact) and
Other Legislation Amendment Act 2021, the former provisions
continue to apply in relation to a person charged with an
offence before the commencement.
(2) The new provisions apply in relation to a person charged with
an offence after the commencement, whether the charge is for
an offence committed before or after the commencement.
(3) In this section—
former provisions means the provisions of this Code as inforce from time to time before the commencement.
new provisions means the provisions of this Code as in force
from the commencement.

Chapter 105

755

Transitional provision for
Evidence and Other Legislation
Amendment Act 2022

Existing relevant proceedings(1) This section applies in relation to a relevant proceeding
started, but not finally decided, before the commencement.
(2) Subsection (3) applies in relation to the relevant proceeding if,
before the commencement—
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 555

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 105 Transitional provision for Evidence and Other Legislation Amendment Act 2022
[s 755](a)a request was made to the prosecution under
section 590AS(3) to allow an appropriate person to viewor examine original evidence that is the body of a
deceased person; or(b)the court hearing the proceeding made a direction under
section 590AS(4) in relation to viewing and examining
original evidence that is the body of a deceased person;or(c)the accused person applied to the court for a direction
mentioned in paragraph (b).

(3) Section 590AS, as in force from time to time before thecommencement, continues to apply in relation to the relevant
proceeding as if the Evidence and Other Legislation
Amendment Act 2022 had not been enacted.
(4) If subsection (3) does not apply in relation to the relevant
proceeding, section 590ASA applies in relation to theproceeding.
(5) In this section—
appropriate person see section 590AS(6).
body see the Coroners Act 2003, schedule 2.
original evidence see section 590AD.
relevant proceeding see section 590AD.

Page 556

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 106 Transitional provisions for Domestic and Family Violence Protection(Combating Coercive Control) and Other Legislation Amendment Act 2023
[s 756]

Chapter 106

756

Transitional provisions for
Domestic and Family Violence
Protection (Combating
Coercive Control) and Other
Legislation Amendment Act
2023

Offences charged before or after the commencement(1) Despite the Domestic and Family Violence Protection(Combating Coercive Control) and Other Legislation
Amendment Act 2023, the former provisions continue to apply
in relation to a person charged with an offence before thecommencement.
(2) The new provisions apply in relation to a person charged with
an offence after the commencement, whether the charge is for
an offence committed before or after the commencement.
(3) In this section—
former provisions means the provisions of this Code as inforce from time to time before the commencement.
new provisions means the provisions of this Code as in force
from the commencement.
757

Conviction for domestic violence offence before
commencement(1) This section applies if a person commits an offence against
new section 359F(10) after the commencement and thepenalty mentioned in new section 359F(11) applies to theperson.
(2) New section 359F(11) applies regardless of whether any of
the acts constituting the domestic violence offence mentioned
in new section 359F(11) were done before or after thecommencement.
Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 557

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 107 Transitional provisions for Strengthening Community Safety Act 2023
[s 758](3) This section applies despite section 11(2) and the Acts
Interpretation Act 1954, section 20C(3).
(4) In this section—
new, in relation to section 359F or a subsection ofsection 359F, means section 359F or a subsection ofsection 359F as amended by the Domestic and Family
Violence Protection (Combating Coercive Control) and Other
Legislation Amendment Act 2023.

Chapter 107

758

Transitional provisions forStrengthening Community
Safety Act 2023

Proceedings for charge for offence against former s
408A(1B)(1) This section applies in relation to an offence against
section 408A(1) to which section 408A(3) (as in force
immediately before the commencement) applied, committed
by a person before the commencement.
(2) Without limiting the Acts Interpretation Act 1954, section 20,
a proceeding for the offence may be continued or started, andthe person may be convicted of and punished for the offence,
as if the Strengthening Community Safety Act 2023, section 8
had not commenced.
(3) Subsection (2) applies despite section 11.
759

Application of particular provisions to charge for offence
against former s 408A(3)(1) Section 408A(6) and (7) apply in relation to a charge for an
offence against section 408(1) to which section 408A(3) (as inforce immediately before the commencement) applied,Page 558

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 108 Transitional provision for Information Privacy and Other Legislation
Amendment Act 2023
[s 760]whether an originating step for the proceeding for the charge
was taken before or after the commencement.
(2) Section 552BB, table, entry for section 408A, column 3,
section 3, as in force immediately before the commencement,
continues to apply in relation to a charge for an offence
against section 408A(1) to which section 408A(3) (as in force
immediately before the commencement) applied, whether an
originating step for the proceeding for the charge was taken
before or after the commencement.

Chapter 108

760

Transitional provision for
Information Privacy and Other
Legislation Amendment Act
2023

Application of s 408E

(1) This section applies if an act or omission constituting an
offence against section 408E happened before thecommencement, whether the proceeding for the offence isstarted before or after the commencement.
(2) Section 408E as in force before the commencement continues
to apply in relation to the act or omission as if the Information
Privacy and Other Legislation Amendment Act 2023,
section 4 had not commenced.

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 559

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 110 Transitional provision for Criminal Code and Other Legislation (Double
Jeopardy Exception and Subsequent Appeals) Amendment Act 2024
[s 764]

Chapter 110

764

Transitional provision for
Criminal Code and Other
Legislation (Double Jeopardy
Exception and SubsequentAppeals) Amendment Act 2024

Subsequent appeals—appeals or applications for leave
to appeal before commencement(1) This section applies if, before the commencement, a person
appealed, or applied for leave to appeal, against a convictionof the person under section 668D.
(2) The person may apply for leave to make a subsequent appeal
under section 671AC against the person’s conviction whether
the person’s appeal or application for leave to appeal was
determined before or after the commencement.

Chapter 111

763

Transitional provisions for
Criminal Code (Decriminalising
Sex Work) and Other
Legislation Amendment Act
2024

Definitions for chapter

In this chapter—amendment Act means the Criminal Code (Decriminalising
Sex Work) and Other Legislation Amendment Act 2024.
former, for a provision of this Act, means the provision as inforce from time to time before the commencement.

Page 560

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 111 Transitional provisions for Criminal Code (Decriminalising Sex Work) and Other
Legislation Amendment Act 2024
[s 764]764

Proceedings for offences against former ch 22A generally(1) This section applies in relation to an offence against former
chapter 22A committed by a person before thecommencement, other than an offence against a relevant
chapter 22A provision under section 765.
(2) The person may not be convicted of or punished for theoffence unless the person was charged with the offence before
the commencement.
(3) If the person was charged with the offence before thecommencement, a proceeding for the offence may becontinued, and the person may be convicted of and punished
for the offence, as if the amendment Act, sections 15 and 31
had not commenced.
765

Proceedings for particular offences against former ch
22A(1) This section applies in relation to an offence against a relevant
chapter 22A provision committed by a person before thecommencement.
(2) Without limiting the Acts Interpretation Act 1954, section 20,
a proceeding for the offence may be continued or started, andthe person may be convicted of and punished for the offence,
as if the amendment Act, sections 15 and 31 had notcommenced.
(3) Subsection (2) applies despite section 11.
(4) In this section—
relevant chapter 22A provision means each of the following
provisions as in force from time to time before thecommencement—(a)section 229FA;(b)

section 229G;

Current as at 19 September 2024
Authorised by the Parliamentary Counsel

Page 561

Schedule 1 The Criminal CodePart 9 Transitional and validation provisions
Chapter 111 Transitional provisions for Criminal Code (Decriminalising Sex Work) and Other
Legislation Amendment Act 2024
[s 766](c)section 229H, if the offence is alleged to have beencommitted with the circumstance of aggravation
mentioned in section 229H(2);(d)

section 229HB, if the offence is alleged to have beencommitted with the circumstance of aggravation
mentioned in section 229HB(2);(e)

section 229I, if the offence is alleged to have beencommitted with the circumstance of aggravation
mentioned in section 229I(2);(f)

section 229K, if—(i)the offence is alleged to have been committed withthe circumstance of aggravation mentioned in
section 229K(3); or(ii) section 229K(2)section 229K(3B).
766

applies

becauseofContinuation of s 229J—certificate of discharge forparticular offences(1) On the commencement, former section 229J continues toapply in relation to an application made but not decided underthat section before the commencement, as if the amendment
Act, section 15 had not commenced.
(2) If an order is made under former section 229J(8), whether
before or after the commencement—(a)the order continues in effect indefinitely or until further
order under that section; and(b)

without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for an offence against former
section 229J(10) may be continued or started, and aperson may be convicted of and punished for theoffence, as if the amendment Act, section 15 had notcommenced.

(3) Subsection (2) applies despite section 11.
Page 562

Current as at 19 September 2024
Authorised by the Parliamentary Counsel