9AH Family violence 15 9AI Sudden or extraordinary emergency 18 9AJ Intoxication 19 (1A) Treasonable offences 20 9A Treason 20 (4) Offences against the person 23 15 Definitions 23 15A Causing serious injury intentionally in circumstances of gross violence 27 15B Causing serious injury recklessly in circumstances of gross violence 29 15C Other offenders need not be prosecuted 30 16 Causing serious injury intentionally 30 17 Causing serious injury recklessly 30 18 Causing injury intentionally or recklessly 31 19 Offence to administer certain substances 31 19A Intentionally causing a very serious disease 32 20 Threats to kill 32 21 Threats to inflict serious injury 33 21A Stalking 33 22 Conduct endangering life 37 23 Conduct endangering persons 38 24 Negligently causing serious injury 38 25 Setting traps etc. to kill 38 26 Setting traps etc. to cause serious injury 38 27 Extortion with threat to kill 39 28 Extortion with threat to destroy property etc. 39 29 Using firearm to resist arrest etc. 39 30 Threatening injury to prevent arrest 40 31 Assaults 41 31A Use of firearms in the commission of offences 42 31B Being armed with criminal intent 43 32 Offence to perform female genital mutilation 43 33 Offence to take a person from the State with the intention of having prohibited female genital mutilation performed 44 34 Consent not a defence to a charge under sections 32 or 33 45 34A Exceptions to offences under section 32 45 (5) Corpses 46 34B Offence to interfere with corpse of a human being 46 (8) Sexual offences (general provisions) 47 35 Definitions 48 36 Meaning of consent 49 37 Jury directions 50
S. 6(2) amended by No. 68/2009 s. 97(Sch. item 40.1). (2) On an indictment for murder, a woman found not guilty of murder may be found guilty of infanticide. Note See sections 10(3) and 421 for other alternative verdicts. (3) Nothing in this Act affects the power of the jury on a charge of murder of a child to return a verdict of not guilty because of mental impairment. S. 6A inserted by No. 7546 s. 2. 6A Suicide no longer a crime s. 5A The rule of law whereby it is a crime for a person to commit or to attempt to commit suicide is hereby abrogated. S. 6B inserted by No. 7546 s. 2. 6B Survivor of suicide pact who kills deceased party is guilty of manslaughter (1) Where upon the trial of a person for the murder of another person the jury are satisfied that the accused caused or was a party to causing the death of that other person by a wilful act or omission but are satisfied on the balance of probabilities that the act was done or the omission made in pursuance of a suicide pact then the jury shall, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return a verdict of manslaughter in lieu thereof. S. 6B(1A) inserted by No. 49/1991 s. 119(1) (Sch. 2 item 5(a)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 5). (1A) Despite section 5, a person convicted of manslaughter under subsection (1) is only liable to level 5 imprisonment (10 years maximum).
S. 15 def. of registered medical practitioner inserted by No. 46/1996 s. 3, substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)), 13/2010 s. 51(Sch. item 17.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 15 def. of registered nurse inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); s. 15 S. 15 def. of registered pharmacist inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
S. 15 def. of serious injury substituted by Nos 58/2008 s. 10(2), 6/2013 s. 3(b). serious injury means— (a) an injury (including the cumulative effect of more than one injury) that— (i) endangers life; or (ii) is substantial and protracted; or (b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm; S. 15 def. of woman inserted by No. 58/2008 s. 10(1). woman means a female person of any age. S. 15A inserted by No. 6/2013 s. 4. 15A Causing serious injury intentionally in circumstances of gross violence s. 15A (1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence. Penalty: Level 3 imprisonment (20 years maximum). (2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence— (a) the offender planned in advance to engage in conduct and at the time of planning— (i) the offender intended that the conduct would cause a serious injury; or (ii) the offender was reckless as to whether the conduct would cause a serious injury; or (iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
(d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 substituted by No. 81/1991 s. 3, amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3. 37 Jury directions (1) If relevant to the facts in issue in a proceeding the judge must direct the jury on the matters set out in sections 37AAA and 37AA. (2) A judge must not give to a jury a direction of a kind referred to in section 37AAA or 37AA if the direction is not relevant to the facts in issue in the proceeding. (3) A judge must relate any direction given to the jury of a kind referred to in section 37AAA or 37AA to— (a) the facts in issue in the proceeding; and (b) the elements of the offence being tried in respect of which the direction is given— so as to aid the jury's comprehension of the direction. S. 37AAA inserted by No. 57/2007 s. 4. 37AAA Jury directions on consent s. 37 For the purposes of section 37, the matters relating to consent on which the judge must direct the jury are— (a) the meaning of consent set out in section 36; (b) that the law deems a circumstance specified in section 36 to be a circumstance in which the complainant did not consent;
(d) sexual offenders are commonly known to their victims; and (e) sexual offences often occur in circumstances where there is unlikely to be any physical signs of an offence having occurred. Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 47–50) inserted by No. 9509 s. 5 amended by No. 10079 s. 8(1), substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 40–43) by No. 8/1991 s. 3, substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 38, 39) by No. 81/1991 s. 3. (8A) Rape and indecent assault S. 38 substituted by No. 81/1991 s. 3. 38 Rape s. 38 S. 38(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 19). (1) A person must not commit rape. Level 2 imprisonment (25 years maximum). (2) A person commits rape if— S. 38(2)(a) substituted by No. 57/2007 s. 5(1). (a) he or she intentionally sexually penetrates another person without that person's consent—
Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3. (8B) Incest S. 44 substituted by No. 8/1991 s. 3. 44 Incest s. 44 S. 44(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (1) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her child or other lineal descendant or his or her step-child. Level 2 imprisonment (25 years maximum). S. 44(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (2) A person must not take part in an act of sexual penetration with a person under the age of 18 whom he or she knows to be the child or other lineal descendant or the step-child of his or her de facto spouse. Level 2 imprisonment (25 years maximum). S. 44(3) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (3) A person who is aged 18 or older must not take part in an act of sexual penetration with a person whom he or she knows to be his or her father or mother or other lineal ancestor or his or her stepfather or step-mother. Level 6 imprisonment (5 years maximum).
S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or s. 44 Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section. S. 44(6A) inserted by No. 2/2006 s. 8, amended by No. 57/2007 s. 8. (6A) For the purposes of this section, a person compels another person (the victim) to take part in an act of sexual penetration if the person compels the victim (by force or otherwise) to engage in that act without the victim's consent. (7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary— (a) that the accused knew that he or she was related to the other person in the way alleged; and (b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
(3) Subsection (1) does not apply to an act of sexual penetration if— S. 45(3)(a) amended by No. 7/2010 s. 3(4). (a) the child is aged between 12 and 16; and (b) the persons taking part in the act are married to each other. S. 45(4) amended by No. 7/2010 s. 3(5). (4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 12 or older and— S. 45(4)(a) amended by No. 2/2006 s. 9(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or s. 45 (b) the accused was not more than 2 years older than the child; or S. 45(4)(c) amended by No. 2/2006 s. 9(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 45(4A) inserted by No. 2/2006 s. 9(2). (4A) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 45(5) amended by No. 68/2009 s. 97(Sch. item 40.3). (5) A circumstance of aggravation described in subsection (2) is not an element of an offence against subsection (1) but must be stated in the indictment. (6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the trial may do so by pleading not guilty to the offence with which he or she is charged even if he or she does not take issue with any acts, facts, matters or circumstances relied upon by the prosecution to support a finding of guilt.
S. 49 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 26), substituted by No. 2/2006 s. 13. 49 Indecent act with 16 or 17 year old child s. 49 (1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority. Level 6 imprisonment (5 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds— (a) that the child was aged 18 or older; or (b) that he or she was married to the child. (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. (4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's parent, adoptive parent, foster parent or step parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach;
Pt 1 Div. 1 Subdiv. (8EA) (Heading and s. 60B) inserted by No. 129/1993 s. 10. (8EA) Loitering by sexual offender S. 60B inserted by No. 129/1993 s. 10. 60B Loitering near schools etc. s. 60B S. 60B(1) substituted by No. 65/1998 s. 3(1). (1) In this section, sexual offence means— S. 60B(1)(a) amended by No. 67/2000 s. 7(1). (a) an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or S. 60B(1)(b) amended by No. 67/2000 s. 7(2). (b) any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or (c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b). S. 60B(2) amended by Nos 48/1997 s. 60(1)(Sch. 1 item 38), 69/1997 s. 22(4), 65/1998 s. 3(2)(b). (2) A person who— (a) has been found guilty of— (i) a sexual offence; or
S. 60B(2)(a)(ia) inserted by No. 65/1998 s. 3(2)(a). (ia) an offence against— s. 60B S. 60B(2)(a) (ia)(A) amended by No. 63/2010 s. 81(Sch. item 4). (A) section 5, 6, 7 or 11 of the Sex Work Act 1994; or (B) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or (C) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or (ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or S. 60B(2)(a)(iii) substituted by No. 56/2005 s. 7(a). (iii) an offence against section 19 of the Summary Offences Act 1966; or S. 60B(2)(a)(iv) amended by No. 90/1995 s. 86, substituted by No. 22/1996 s. 7. (iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or S. 60B(2)(a)(v) inserted by No. 22/1996 s. 7. (v) an offence against— (A) section 60A of the Classification of Films and Publications Act 1990; or
(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a conviction of a sexual offence. S. 60B(4) inserted by No. 80/2011 s. 79(Sch. item 3.2). (4) In this section— children's services centre means a place at which a children's service within the meaning of the Children's Services Act 1996 operates; education and care service premises means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children. Pt 1 Div. 1 Subdiv. (8F) (Heading and ss 59–61) inserted by No. 9509 s. 5, amended by Nos 10094 s. 14, 124/1986 ss 74(b)–(d), 80, substituted as Pt 1 Div. 1 Subdiv. (8F) (Heading and s. 61) by No. 8/1991 s. 3. (8F) Jury warnings S. 61 substituted by No. 8/1991 s. 3. 61 Jury warnings s. 61 (1) On the trial of a person for an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) or under any corresponding previous enactment or for an attempt to commit any such offence or an assault with intent to commit any such offence—
(a) the judge must not warn, or suggest in any way to, the jury that the law regards complainants in sexual cases as an unreliable class of witness; and S. 61(1)(b) amended by No. 81/1997 s. 6(1), substituted by No. 76/2006 s. 3(1). (b) if evidence is given or a question is asked of a witness or a statement is made in the course of an address on evidence which tends to suggest that there was delay in making a complaint about the alleged offence by the person against whom the offence is alleged to have been committed, the judge— (i) must inform the jury that there may be good reasons why a victim of a sexual assault may delay or hesitate in complaining about it; and (ii) must not warn, or suggest in any way to, the jury that the credibility of the complainant is affected by the delay unless, on the application of the accused, the judge is satisfied that there is sufficient evidence tending to suggest that the credibility of the complainant is so affected to justify the giving of such a warning; and s. 61 (iii) must not warn, or suggest in any way to, the jury that it would be dangerous or unsafe to find the accused guilty because of the delay. S. 61(1A) inserted by No. 76/2006 s. 3(2). (1A) If the judge, on the application of the accused in a proceeding to which subsection (1) applies, is satisfied that the accused has suffered a significant forensic disadvantage because of the consequences of the delay in making a complaint about the alleged offence by the person against whom the offence is alleged to have been committed, the judge must, in any terms that the
Pt 1 Div. 1 Subdiv. (8G) (Heading and s. 62) inserted by No. 9509 s. 5. (8G) Abrogation of obsolete rules of law S. 62 inserted by No. 9509 s. 5. 62 Abrogation of obsolete rules of law s. 62 (1) The rule of law whereby a male person under the age of fourteen years is conclusively presumed to be impotent is hereby abrogated. S. 62(2) substituted by No. 10233 s. 10. (2) The existence of a marriage does not constitute, or raise any presumption of, consent by a person to an act of sexual penetration with another person or to an indecent assault (with or without aggravating circumstances) by another person. S. 62(3) repealed by No. 8/1991 s. 6(c). * * * * * (9) Child stealing No. 6103 s. 63. 63 Child stealing S. 63(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 30(a)), 48/1997 s. 60(1)(Sch. 1 item 39(a)). (1) Whosoever unlawfully either by force or fraud leads or takes away or decoys or entices away or detains any child under the age of sixteen years, with intent to deprive any parent or guardian or any other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child; and whosoever with any such intent receives or harbors any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
(14) Notwithstanding anything contained in subsection (12) in any proceedings— S. 73(14)(a) amended by No. 127/1986 s. 102(Sch. 4 item 5.2). (a) for stealing a motor vehicle or an aircraft proof that the person charged took or in any manner used the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it; and S. 73(14)(b) amended by No. 127/1986 s. 102(Sch. 4 item 5.2). (b) for attempting to steal a motor vehicle or an aircraft proof that the person charged attempted to take or in any manner use the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it. Heading preceding s. 74 inserted by No. 8425 s. 2(1)(b). Theft, robbery, burglary, &c. S. 74 amended by No. 8280 s. 8, substituted by No. 8425 s. 2(1)(b), amended by Nos 9576 s. 11(1), 36/1988 s. 4(a). 74 Theft s. 74 S. 74(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 52). (1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make. S. 82 amended by No. 7876 s. 2(3), substituted by Nos 8280 s. 10, 8425 s. 2(1)(b). 82 Obtaining financial advantage by deception s. 82 S. 82(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 59). (1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (2) For purposes of this section deception has the same meaning as in section 81. S. 83 amended by Nos 7184 s. 2, 7705 s. 10, 7876 s. 2(3), 7994 s. 5, 8280 s. 11(1)–(3), substituted by No. 8425 s. 2(1)(b). 83 False accounting S. 83(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 33), 48/1997 s. 60(1)(Sch. 1 item 60). (1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another— (a) destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or (b) in furnishing information for any purpose produces or makes use of any account, or
S. 83A(5A) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5A) A person must not, with the intention that he or she may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by him or her, would be false. s. 83A Level 5 imprisonment (10 years maximum). S. 83A(5B) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5B) A person must not, with the intention that another person may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by that other person, would be false. Level 5 imprisonment (10 years maximum). S. 83A(5C) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 45), 48/1997 s. 60(1)(Sch. 1 item 62). (5C) A person must not, without lawful excuse, make or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be specially designed or adapted for the making of a document which, if made by him or her, would be false. Level 6 imprisonment (5 years maximum). (6) For the purpose of this section, a document is false if it purports— (a) to have been made in the form in which it is made by a person who did not in fact make it in that form; or
No. 6103 s. 228. S. 228 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 75). 228 Removing etc. piles of sea banks s. 228 Whosoever unlawfully and maliciously cuts off draws up or removes any piles chalk or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdivs (10)(11) (Headings and ss 229–231) repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (12) (Heading) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 232. S. 232 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 232 Placing things on railways to obstruct or overturn engine etc. Whosoever unlawfully and maliciously puts places casts or throws upon or across any railway any wood stone or other matter or thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or
Pt 1 Div. 3 Subdiv. (5) (Heading) inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)). (5) False statements S. 247 repealed by No. 9228 s. 2(1)(c), new s. 247 inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 56), 48/1997 s. 60(1)(Sch. 1 item 83). 247 False statements s. 247 Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to— (a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway; (b) destroy, damage or endanger the safety thereof; or (c) kill or injure all or any of the persons therein or thereon— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
S. 250 (Heading) inserted by No. 66/2005 s. 4(1). New s. 250 inserted by No. 65/1998 s. 5. 250 Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss s. 250 S. 250(1) amended by No. 66/2005 s. 4(2)(a). (1) A person must not make a threat that goods will be contaminated with the intention of causing, or being reckless as to whether or not the threat would cause— S. 250(1)(a) amended by No. 66/2005 s. 4(2)(b). (a) public alarm or anxiety; or S. 250(1)(b) amended by No. 66/2005 s. 4(2)(a)(b). (b) economic loss through public awareness of the threat. Level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both. (2) For the purposes of this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional. Note to s. 250 inserted by No. 80/2001 s. 7(2). Note Division 2B of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.
S. 316(4) amended by No. 57/1989 s. 3(Sch. item 42.15). (4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime. Division 8—Offences connected with explosive substances No. 6103 s. 317. 317 Offences connected with explosive substances s. 317 (1) In this Division unless inconsistent with the context or subject-matter— S. 317(1) def. of explosive substance amended by No. 25/2009 s. 4(1)(a). explosive substance includes— (a) any material for making any explosive substance; (b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and (c) any part of any such apparatus machine or implement; S. 317(1) def. of public place inserted by No. 25/2009 s. 4(1)(b). public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; S. 317(1) def. of vehicle inserted by No. 25/2009 s. 4(1)(b). vehicle includes motor vehicle, aircraft and vessel.
inconsistent with the acquittal of the other alleged conspirator or conspirators. S. 321C inserted by No. 10079 s. 7(2). 321C Penalties for conspiracy s. 321C (1) Where a person is convicted under section 321 of conspiracy to commit an offence or offences against a law or laws in force in — (a) if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence; S. 321C(1)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(a)), 48/1997 s. 60(1)(Sch. 1 item 90(a)). (b) if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to level 4 imprisonment (15 years maximum); S. 321C(1)(ba) inserted by No. 41/1993 s. 22(a), amended by No. 48/1997 s. 60(1)(Sch. 1 item 90(b)(i)). (ba) despite paragraph (b), if the relevant offence, or any of the relevant offences, is murder or treason, the person is liable to— S. 321C(1) (ba)(i) amended by No. 48/1997 s. 60(1)(Sch. 1 item 90(b)(ii)). (i) level 1 imprisonment (life); or (ii) imprisonment for such other term as is fixed by the court— as the court determines; S. 321C(1)(c) amended by No. 41/1993 s. 22(b). (c) subject to paragraphs (a), (b), (ba) and (d), if the relevant offence, or any of the relevant offences, is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that
maximum penalty or the accumulated maximum penalties, as the case may be; or S. 321C(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.17), 49/1991 s. 119(1) (Sch. 2 item 62(b)(i)), 68/2009 s. 97(Sch. item 40.16). (d) if the relevant offence, or each of the relevant offences, may be heard and determined only in the Magistrates' Court, the person shall be liable to— s. 321C S. 321C(1) (d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 62(b)(ii)), 48/1997 s. 60(1)(Sch. 1 item 90(c)(i)). (i) level 6 imprisonment (5 years maximum); or S. 321C(1) (d)(ii) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 62(b)(iii)). (ii) imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences, as the case requires— whichever is the greater. (2) Where a person is convicted under section 321 of conspiracy to commit an offence or offences against a law or laws in force only in a place outside — S. 321C(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(c)(i)), 48/1997 s. 60(1)(Sch. 1 item 91). (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
(1) Where a person is convicted under section 321G of incitement to commit an offence or offences against a law or laws in force in — (a) if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence; S. 321I(1)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 92(a)). (b) if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to level 4 imprisonment (15 years maximum); S. 321I(1)(ba) inserted by No. 41/1993 s. 23(a), amended by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(i)). (ba) despite paragraph (b), if the relevant offence, or any of the relevant offences, is murder or treason, the person is liable to— S. 321I(1) (ba)(i) substituted by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(ii)). (i) level 1 imprisonment (life); or (ii) imprisonment for such other term as is fixed by the court— s. 321I as the court determines; S. 321I(1)(c) amended by No. 41/1993 s. 23(b). (c) subject to paragraphs (a), (b), (ba) and (d), if the relevant offence, or any of the relevant offences is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or
S. 458 substituted by No. 8247 s. 2, amended by No. 57/1989 s. 3(Sch. item 42.47). 458 Person found committing offences may be arrested without warrant by any person s. 458 (1) Any person, whether a member of the police force or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a member of the police force to be so taken, any person— (a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely— S. 458(1)(a)(i) amended by No. 68/2009 s. 97(Sch. item 40.30). (i) to ensure the attendance of the offender before a court of competent jurisdiction; (ii) to preserve public order; (iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or (iv) for the safety or welfare of members of the public or of the offender; (b) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or S. 458(1)(c) amended by No. 117/1986 s. 6(Sch. 1 item 1(8)(a)). (c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case.
Pt 3 Div. 1 Subdiv. (30A) (Heading and ss 464–464J) inserted by No. 37/1988 s. 5. (30A) Custody and investigation New s. 464 inserted by No. 37/1988 s. 5. 464 Definitions s. 464 (1) For the purposes of this Subdivision a person is in custody if he or she is— (a) under lawful arrest by warrant; or (b) under lawful arrest under section 458 or 459 or a provision of any other Act; or (c) in the company of an investigating official and is— (i) being questioned; or (ii) to be questioned; or (iii) otherwise being investigated— to determine his or her involvement (if any) in the commission of an offence if there is sufficient information in the possession of the investigating official to justify the arrest of that person in respect of that offence. (2) In this Subdivision— S. 464(2) def. of appropriate authority inserted by No. 16/2002 s. 5. appropriate authority means— (a) in relation to the Commonwealth or the —the Commissioner (within the meaning of section 23WA of the Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or (b) in relation to any other participating jurisdiction—an authority exercising, in relation to the police force of that
body but does not include the taking of a fingerprint; S. 464(2) def. of held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; s. 464 S. 464(2) def. of intimate sample inserted by No. 129/1993 s. 6(c). intimate sample means— (a) a blood sample; (b) a sample of pubic hair, including the root if required;
(c) a swab, washing or sample taken from the external genital or anal region of a male or female or from the breast of a female; (d) a sample of saliva; (e) a scraping taken from the mouth; (f) a dental impression; investigating official means a member of the police force or a person appointed by or under an Act (other than a member or person who is engaged in covert investigations under the orders of a superior) whose functions or duties include functions or duties in respect of the prevention or investigation of offences; S. 464(2) def. of legal practitioner repealed by No. 18/2005 s. 18(Sch. 1 item 27.3). * * * * * S. 464(2) def. of medical practitioner inserted by No. 129/1993 s. 6(d), substituted by No 81/1997 s. 16(b), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(b)), substituted by No. 13/2010 s. 51(Sch. item 17.3(b)). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); s. 464
S. 464(2) def. of non-intimate sample inserted by No. 129/1993 s. 6(e). non-intimate sample means— (a) a sample of hair, other than pubic hair, including the root if required; (b) a sample of matter taken from under a fingernail or toenail; (c) a swab, washing or sample taken from any external part of the body other than the genital or anal region of a male or female or the breast of a female; S. 464(2) def. of nurse inserted by No. 81/1997 s. 16(c), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(c)), substituted by No. 13/2010 s. 51(Sch. item 17.3(c)). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); s. 464 S. 464(2) def. of participating jurisdiction inserted by No. 16/2002 s. 5. participating jurisdiction means the Commonwealth, another State or a Territory in which there is a corresponding law in force; S. 464(2) def. of physical examination inserted by No. 129/1993 s. 6(e). physical examination means an examination of the external part of a person's body requiring touching of the person or removal of the person's clothing; police gaol has the same meaning as in the Corrections Act 1986;
S. 464(2) def. of sexual offence inserted by No. 84/1989 s. 4(b), amended by No. 8/1991 s. 6(d), repealed by No. 23/1991 s. 4(c). * * * * * S. 464(2) def. of statistical index inserted by No. 16/2002 s. 5. statistical index means an index of information that— s. 464 (a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and (b) has been compiled for statistical purposes; and (c) cannot be used to discover the identity of persons from whom the forensic material was taken; S. 464(2) def. of suspect inserted by No. 38/1988 s. 5(b), amended by Nos 25/1989 s. 14(a), 72/2004 s. 25. suspect means a person of or above the age of 18 years who— (a) is suspected of having committed an offence; or (b) has been charged with an offence; or (c) has been summonsed to answer to a charge;
S. 464(2) def. of suspects index inserted by No. 16/2002 s. 5, amended by No. 27/2006 s. 3(b). suspects index means an index of DNA profiles derived from forensic material taken from suspects in accordance with section 464R, 464T or 464U or under a corresponding law of a participating jurisdiction or taken from persons found not guilty because of mental impairment in accordance with section 464ZFAAA; S. 464(2) def. of tape recording repealed by No. 27/2006 s. 3(c). * * * * * S. 464(2) def. of unknown deceased persons index inserted by No. 16/2002 s. 5. unknown deceased persons index means an index of DNA profiles of deceased persons whose identities are unknown where the DNA profile is derived from forensic material; S. 464(2) def. of Victorian DNA database inserted by No. 32/2007 s. 4(2). Victorian DNA database means the DNA database system kept under section 464ZFD; S. 464(2) def. of volunteer inserted by No. 16/2002 s. 5. volunteer means a person who volunteers to give a sample under section 464ZGB; s. 464 S. 464(2) def. of volunteers (limited purposes) index inserted by No. 16/2002 s. 5. volunteers (limited purposes) index means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used only for a limited purpose that is specified by the volunteer and noted on the index;
prescribed requirements, if any, in relation to the method of recording have been met. S. 464A inserted by No. 37/1988 s. 5. 464A Detention of person in custody s. 464A (1) Every person taken into custody for an offence (whether committed in or elsewhere) must be— (a) released unconditionally; or (b) released on bail; or S. 464A(1)(c) amended by No. 57/1989 s. 5(1)(a)(i). (c) brought before a bail justice or the Magistrates' Court— within a reasonable time of being taken into custody. (2) If a person suspected of having committed an offence is in custody for that offence, an investigating official may, within the reasonable time referred to in subsection (1)— (a) inform the person of the circumstances of that offence; and (b) question the person or carry out investigations in which the person participates in order to determine the involvement (if any) of the person in that offence. S. 464A(3) amended by No. 129/1993 s. 5. (3) Before any questioning (other than a request for the person's name and address) or investigation under subsection (2) commences, an investigating official must inform the person in custody that he or she does not have to say or do anything but that anything the person does say or do may be given in evidence. (4) In determining what constitutes a reasonable time for the purposes of subsection (1) the following matters may be considered—
S. 464JC(1) def. of Department Head inserted by No. 64/2010 s. 4(1). Department Head has the same meaning as in the Public Administration Act 2004; recording has the same meaning as in section 464JA. S. 464JC(2) amended by No. 64/2010 s. 4(2)(3). (2) The Chief Commissioner of Police must keep a copy of a recording, if the recording has been made by a member of the police force in the course of an investigation, in safe custody. S. 464JC(2A) inserted by No. 64/2010 s. 4(4), amended by No. 48/2012 s. 47. (2A) If the recording has been made by an investigating official who is not a member of the police force, the recording must be kept in the custody of the Department Head for the Department, where the investigating official made the recording in the course of carrying out duties for or on behalf of that Department. S. 464JC(2B) inserted by No. 64/2010 s. 4(4). (2B) A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording. S. 464JC(3) amended by No. 64/2010 s. 4(5). (3) If the court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner of Police or the Department Head retain the copy for a further period specified in the order. s. 464JC (4) An application for an order under subsection (3) may be made by— (a) the suspect in relation to whom the recording was made; or (b) an authorised person acting in the performance of his or her duties.
S. 464K(8)(b) amended by No. 27/2006 s. 17(12). (b) if the use of reasonable force has been authorised in accordance with subsection (7), the taking of the fingerprints must be recorded by audiovisual recording, if practicable, or by audio recording. S. 464L inserted by No. 38/1988 s. 4, amended by No. 23/1991 s. 5(a)(b), substituted by No. 129/1993 s. 7. 464L Fingerprinting of children aged 14 or under (1) A child under the age of 10 years who is suspected of having done or omitted to have done any act which would have constituted an offence had the child been of the age of criminal responsibility must not— (a) be requested to give his or her fingerprints; or (b) have his or her fingerprints taken. (2) A member of the police force may take, or cause to be taken by an authorised person, the fingerprints of a child aged 10 years or more but under 15 years who— (a) is believed on reasonable grounds to have committed; or (b) has been charged with; or (c) has been summonsed to answer to a charge for— an indictable offence or a summary offence referred to in Schedule 7 if— s. 464L (d) both the child and a parent or guardian of the child consent; or (e) where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5).
(14) The failure of the court to comply with subsection (13) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464Q(1)(a). (15) If a child is apprehended under a warrant issued under subsection (12), the warrant ceases to have effect immediately after the child's fingerprints have been taken. S. 464M(16) amended by No. 48/2006 s. 42(Sch. item 9.3). (16) If the Children's Court makes an order under subsection (5) in respect of a child who is held in a prison, police gaol, youth justice centre or youth residential centre, the court must also order that the officer in charge of the place at which the child is held must take the fingerprints of the child or cause them to be taken and must deliver the fingerprints to the applicant within a period of time specified in the order. S. 464N inserted by No. 38/1988 s. 4, amended by Nos 25/1989 ss 11(d), 12(1)(2), 14(c)(d), 56/1989 s. 286(Sch. 2 items substituted by No. 129/1993 s. 7. 464N Taking of fingerprints S. 464N(1) inserted by No. 41/2004 s. 4(1). s. 464N (1) Fingerprints may be taken by means of a device to obtain a record of the fingerprints (a fingerscan) or by any other means. S. 464N(2) amended by No. 41/2004 s. 4(2). (2) If— (a) fingerprints are to be taken in accordance with a court order; or
S. 464T(3)(c) amended by No. 81/1997 s. 17(1). (c) in the case of an application for a sample other than one referred to in paragraph (d), any of the following applies— (i) material reasonably believed to be from the body of a person who committed the offence has been found— (A) at the scene of the offence; or (B) on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or s. 464T (C) on an object or person reasonably believed to have been associated with the commission of the offence; or (ii) there are reasonable grounds to believe that, because of the nature of the offence or injuries inflicted during the commission of the offence, material from the body or clothing of the victim is present— (A) on the person who committed the offence or on anything reasonably believed to have been worn or carried by that person when the offence was committed; or S. 464T(3)(c) (ii)(B) amended by No. 81/1997 s. 17(2). (B) on an object reasonably believed to have been associated with the commission of the offence; or
(14) The provisions of section 464T(9) and (10) apply as if— (a) a reference to an application to the Magistrates' Court under subsection (1) of that section were a reference to an application to the Children's Court under subsection (3) of this section; and (b) a reference to the person were a reference to the child; and (c) a reference to the Magistrates' Court were a reference to the Children's Court. S. 464V inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(i)(j), 8(a)(i)–(iv), 23/1991 s. 7(1)(2), substituted by No. 129/1993 s. 7. 464V Interim orders s. 464V (1) This section does not apply to an application in respect of a blood sample. (2) A member of the police force may apply, with or without notice to any other person, for an interim order directing a person to undergo a compulsory procedure if the member believes on reasonable grounds that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application. (3) Section 464T(1), (2), (5), (6), (7) and (8) or section 464U(3), (4), (9), (10), (12) and (13) as the case requires apply to applications for interim orders. (4) If a member of the police force believes on reasonable grounds that— (a) it is necessary to obtain an interim order; and
(a) the member considers it appropriate for the person to do so; and S. 464Z(3A)(b) amended by No. 27/2006 s. 17(23). (b) the person consents to taking the scraping and the consent is recorded by audio recording or audiovisual recording or in writing signed by the person. S. 464Z(3B) inserted by No. 16/2002 s. 7(4), amended by No. 41/2004 s. 13(2)(a). (3B) The member of the police force referred to in subsection (3AA) or (3A) must give or send by registered post to the person from whom a scraping is taken or his or her legal practitioner, without charge— S. 464Z(3B)(a) amended by Nos 41/2004 s. 13(2)(b)(i)(ii), 27/2006 s. 17(24). (a) if the election or consent is recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the election is made or the consent is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and S. 464Z(3B)(b) amended by No. 41/2004 s. 13(2)(c). (b) if the election or consent is recorded in writing, a copy of the record forthwith. s. 464Z S. 464Z(4) amended by Nos 81/1997 s. 19(3), 41/2004 s. 13(3), 13/2010 s. 51(Sch. item 17.6(c)). (4) A person from whom an intimate sample is to be taken (except a scraping from a person's mouth to be taken by that person) or who is to undergo a physical examination of an intimate part of the body may request that a medical practitioner or nurse or midwife or, if a dental impression is to be taken, a dentist of his or her choice take the sample or conduct the examination or be present during the forensic procedure.
S. 464ZA (Heading) inserted by No. 41/2004 s. 14(1). S. 464ZA inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZA Execution of authorisation or order s. 464ZA S. 464ZA(1) amended by No. 81/1997 s. 22(1)(a)(b), substituted by No. 41/2004 s. 14(2), amended by No. 13/2010 s. 51(Sch. item 17.7). (1) If— (a) a senior police officer gives an authorisation under section 464SA for the conduct of a non-intimate compulsory procedure; or (b) a court makes an order under section 464T(3), 464U(7) or 464V(5) for the conduct of a compulsory procedure; or S. 464ZA(1)(c) amended by No. 27/2006 s. 6(a). (c) a court makes an order under section 464ZF or 464ZFAAA for the conduct of a forensic procedure— a member of the police force, with such assistance as he or she considers necessary, may use reasonable force to assist a medical practitioner, nurse, midwife, dentist or person authorised under section 464Z to conduct the procedure. (2) If practicable, a member of the police force acting in accordance with subsection (1) and any person assisting the member— (a) must be of the same sex as the person on whom the procedure is to be conducted; and (b) must not be involved in investigating the offence for which the procedure is required. (3) If the Children's Court makes an order under section 464U(7) or 464V(5), a parent or guardian of the child or, if a parent or guardian cannot be
authorisation or order his or her own name and sign the endorsement; or S. 464ZA(6)(b) amended by Nos 41/2004 s. 14(4)(b), 13/2010 s. 51(Sch. item 17.9). (b) if an independent medical practitioner, nurse, midwife, dentist or other person witnessed the conduct of the procedure, the witness must endorse on the authorisation or order his or her own name and sign the endorsement. S. 464ZA(6A) inserted by No. 81/1997 s. 22(3), amended by No. 41/2004 s. 14(5). (6A) A member of the police force must give a copy of the authorisation or order so endorsed to the person on whom the procedure was conducted. S. 464ZA(7) amended by Nos 81/1997 s. 22(4), 41/2004 s. 14(6)(a)(b), 27/2006 s. 17(28). (7) If a compulsory or forensic procedure conducted in accordance with an authorisation of a senior police officer or an order of a court is recorded by audiovisual recording, the applicant for the authorisation or order must— (a) without charge; and (b) as soon as practicable but not more than 7 days after the procedure was conducted— give or send by registered post a copy of the audiovisual recording to the person on whom the procedure was conducted or his or her legal practitioner. S. 464ZB inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZB Analysis of samples s. 464ZB (1) If a sample taken in accordance with this Subdivision is analysed, it must be analysed— (a) in accordance with the prescribed standards, if any; and (b) by an analyst authorised under this section, if the regulations so require.
(b) the accused consents to the reception of the evidence. S. 464ZE(2A) inserted by No. 81/1997 s. 24(3), amended by No. 80/1998 s. 3(c). (2A) In determining whether the circumstances justify the reception of evidence otherwise inadmissible by reason of subsection (1)(a) or (1)(ab), the court may have regard to the following— (a) the probative value of the evidence, including whether equivalent evidence or evidence of equivalent probative value could have been obtained by other means; S. 464ZE (2A)(b) amended by No. 80/1998 s. 3(c). (b) the reasons given for the failure to comply with a provision referred to in subsection (1)(a) or (1)(ab); (c) the gravity of that failure and whether it deprived the person of a significant protection under this Subdivision; (d) whether that failure was intentional or reckless; (e) the nature of the requirement that was not complied with; (f) the nature of the offence alleged against the person and the subject-matter of the proceedings; s. 464ZE (g) whether the reception of the evidence would seriously undermine the protection given to persons under this Subdivision; (h) any other matters the court considers relevant. S. 464ZE(3) substituted by No. 81/1997 s. 24(3). (3) The probative value of the evidence does not by itself justify the reception of the evidence.
S. 464ZG(2) repealed by No. 81/1997 s. 27(1). * * * * * S. 464ZG(3) amended by No. 81/1997 s. 27(2)(a)(c). (3) Subject to section 464ZFD(2), if a forensic procedure has been conducted on a person and— S. 464ZG(3)(a) amended by No. 81/1997 s. 27(2)(b). (a) the person has not been charged with a relevant offence at the end of the period of 12 months after the conduct of the procedure; or S. 464ZG(3)(b) amended by No. 27/2006 s. 14. (b) the person has been so charged but the charge is not proceeded with or the person is not found guilty (except because of mental impairment) of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period— s. 464ZG the Chief Commissioner of Police, subject to subsection (5), must destroy, or cause to be destroyed, at the time specified in subsection (4) any sample taken and any related material and information. S. 464ZG(4) amended by No. 81/1997 s. 27(3)(a). (4) A sample and any related material and information referred to in subsection (3) must be destroyed— S. 464ZG(4)(a) amended by No. 81/1997 s. 27(3)(b). (a) in a case to which subsection (3)(a) applies, immediately after that period of 12 months; or (b) in a case to which subsection (3)(b) applies— (i) within 1 month after the conclusion of the proceedings and the end of any appeal period; or
S. 464ZGB (3)(b) substituted by No. 16/2002 s. 15. (b) that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; S. 464ZGB (3)(ba) inserted by No. 16/2002 s. 15. s. 464ZGB (ba) that the person may choose whether the information obtained from analysis of the sample may be used— (i) only for a limited purpose to be specified by the volunteer; or (ii) for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; S. 464ZGB (3)(bb) inserted by No. 16/2002 s. 15. (bb) that information obtained from the analysis could produce evidence to be used in a court; (c) that the person is under no obligation to give a sample; (d) that if the person consents to give a sample, he or she may at any time before the sample is taken, withdraw that consent; (e) that the person may consult a legal practitioner before deciding whether or not to consent to give a sample; (f) that the person may at any time (including after he or she has been charged with an offence) withdraw his or her consent to the retention of the sample;
(g) an investigation of a complaint by— (i) the Privacy Commissioner appointed under the Information Privacy Act 2000; or (ii) the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or S. 464ZGH(2) (g)(iii) substituted by No. 32/2007 s. 7(3). (iii) the Ombudsman appointed under the Ombudsman Act 1973; or S. 464ZGH(2) (g)(iv) inserted by No. 32/2007 s. 7(3), amended by Nos 34/2008 s. 143(Sch. 2 item 3.1), 82/2012 s. 159(2). (iv) the IBAC within the meaning of the Independent Broad-based Commission Act 2011. (3) This section does not apply to information that cannot be used to discover the identity of any person. S. 464ZGI inserted by No. 16/2002 s. 16. 464ZGI Permissible matching of DNA profiles S. 464ZGI(1) substituted by No. 32/2007 s. 8(1). s. 464ZGI (1) A matching of a DNA profile on an index of the Victorian DNA database specified in column 1 of the following Table with a DNA profile on another index of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if— (a) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1; and
(b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed. s. 464ZGI S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes (2) A person— S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2). (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and
S. 464ZGM inserted by No. 16/2002 s. 16. 464ZGM Carrying out of registered orders (1) A person is authorised to carry out the forensic procedure authorised by an order that is registered in accordance with an arrangement referred to in section 464ZGL(1) anywhere in . The person is authorised to carry out the procedure in accordance with sections 464Y, 464Z and 464ZA and not otherwise. (2) A member of the police force, or other person assisting a member in accordance with this Subdivision or a corresponding law of a participating jurisdiction, is not compelled by this Subdivision, or an arrangement referred to in section 464ZGL(1), to execute an order registered under such an arrangement. S. 464ZGN inserted by No. 16/2002 s. 16, substituted by No. 32/2007 s. 11. 464ZGN Arrangements for transmission of information on DNA database s. 464ZGM (1) The Minister may enter into an arrangement with the responsible Minister for a participating jurisdiction, under which— (a) information from the Victorian DNA database is to be transmitted to the responsible person for the DNA database of the participating jurisdiction for the purposes of— (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or (ii) the identification of missing or deceased persons; and (b) information from the DNA database of the participating jurisdiction is to be transmitted to the Chief Commissioner of Police for the purposes of—
S. 464ZL(4) inserted by No. 41/2004 s. 21. (4) An order purporting to have been made under section 464ZF(3) before the commencement of the Crimes (Amendment) Act 2004 in respect of a person aged 17 years or more is not invalid only because the person was not given— (a) notice of the application for the order; or (b) an opportunity to be heard on the application. S. 464ZL(5) inserted by No. 41/2004 s. 21. (5) Subsection (4) does not affect the rights of the parties in the proceeding known as Pavic v. Magistrates' Court of Victoria and Chief Commissioner of Police (No. 1001 of 2002) in the Supreme Court of Victoria. (31) Search warrants for and seizure of things No. 6103 s. 465. 465 Issue of search warrant by magistrate s. 465 S. 465(1) amended by Nos 7184 s. 7, 8179 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 42.56(a)–(d)), 22/1996 s. 6(1)(a), 25/2009 s. 5(1). (1) Any magistrate who is satisfied by the evidence on oath or by affidavit of any member of the police force of or above the rank of senior sergeant that there is reasonable ground for believing that there is, or will be within the next 72 hours, in any building (including any vehicle in that building), receptacle or place (including any vehicle on or in that place) or on or in a particular vehicle located in a public place— S. 465(1)(a) amended by No. 22/1996 s. 6(1)(b). (a) anything upon or in respect of which any indictable offence has been or is suspected to have been committed or is being or is likely to be committed within the next 72 hours; or (b) anything which there is reasonable ground to believe will afford evidence as to the commission of any such offence; or
31 An offence against section 72(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (cultivation of a narcotic plant for a purpose related to trafficking in that narcotic plant). __________________ Schs 8A–11 repealed. * * * * * Sch. 8 ENDNOTES Endnotes General Information The Crimes Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892. Table of Amendments Endnotes This Version incorporates amendments made to the Crimes Act 1958 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Companies Act 1958, No. 6455/1958 Assent Date: 2.12.58 Commencement Date: 1.4.59: Government Gazette 4.3.59 p. 496 : All of Act in operation Statute Law Revision Act 1959, No. 6505/1959 Assent Date: 5.5.59 Commencement Date: 1.4.59: s. 1(2) : All of Act in operation Crimes (Penalties) Act 1959, No. 6561/1959 Assent Date: 17.11.59 Commencement Date: 17.11.59 : All of Act in operation Crimes (Sentences and Parole) Act 1959, No. 6572/1959 Assent Date: 1.12.59 Commencement Date: 1.1.60: Government Gazette 16.12.59 p. 3638 : All of Act in operation Social Welfare Act 1960, No. 6651/1960
Assent Date: 15.6.60 Commencement Date: S. 57(b)–(e) on 11.7.60: Government Gazette 6.7.60 p. 2210; s. 57(a) on 1.7.65: Government Gazette 30.6.65 p. 2016 : This information relates only to the provision/s amending the Crimes Act 1958 Motor Car (Driving) Act 1960, No. 6658/1960 Assent Date: 15.6.60 Commencement Date: 15.8.60: Government Gazette 27.7.60 p. 2565 : All of Act in operation Statute Law Revision Act 1960, No. 6716/1960 Assent Date: 21.12.60 Commencement Date: Sch. 1 on 1.4.59: s. 3 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Kidnapping) Act 1960, No. 6731/1960 Assent Date: 21.12.60 Commencement Date: 21.12.60 : All of Act in operation Evidence (Children) Act 1961, No. 6758/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Prostitution Act 1961, No. 6761/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Motor Car (Amendment) Act 1961, No. 6762/1961 Assent Date: 26.4.61 Commencement Date: S. 13 on 5.6.61: Government Gazette 31.5.61 p. 1850 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Crimes (Breath Test Evidence) Act 1961, No. 6806/1961 Assent Date: 5.12.61 Commencement Date: 20.12.61: Government Gazette 20.12.61 p. 4335 : All of Act in operation Companies Act 1961, No. 6839/1961 Assent Date: 19.12.61 Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392 : All of Act in operation Crimes (Detention) Act 1962, No. 6884/1962 Assent Date: 2.5.62 Commencement Date: 17.9.62: Government Gazette 12.9.62 p. 3228 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 17.4.73 Commencement Date: Ss 1–4 on 9.5.73: Government Gazette 9.5.73 p. 1014; s. 5 on 1.7.73: Government Gazette 20.6.73 p. 2064 : All of Act in operation Crimes (Theft) Act 1973, No. 8425/1973 (as amended by No. 9019/1977) Assent Date: 17.4.73 Commencement Date: 1.10.74: Government Gazette 3.4.74 p. 790 : All of Act in operation Social Welfare (Amendment) Act 1973, No. 8426/1973 (as amended by No. 8701/1975) Assent Date: 17.4.73 Commencement Date: S. 9 on 7.6.76: Government Gazette 19.5.76 p. 1388 : This information relates only to the provision/s amending the Crimes Act 1958 Magistrates' Courts (Jurisdiction) Act 1973, No. 8427/1973 Assent Date: 17.4.73 Commencement Date: Ss 3, 6, 8(b), 10(1) (except (k)), 11 on 3.2.75: Government Gazette 22.1.75 p. 122; rest of Act on 1.9.75: Government Gazette 30.7.75 p. 2705 : All of Act in operation Social Welfare Act 1973, No. 8493/1973 Assent Date: 4.12.73 Commencement Date: S. 33 on 2.7.74: Government Gazette 22.5.74 p. 1712 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Capital Offences) Act 1975, No. 8679/1975 Assent Date: 29.4.75 Commencement Date: 29.4.75 : All of Act in operation Magistrates (Summary Proceedings) Act 1975, No. 8731/1975 Assent Date: 16.5.75 Commencement Date: S. 173(Sch. 3) on 1.7.76: Government Gazette 24.3.76 p. 848 : This information relates only to the provision/s amending the Crimes Act 1958 Constitution Act 1975, No. 8750/1975 Assent Date: 19.11.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Crimes Act 1976, No. 8870/1976
Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Competence and Compellability of Spouse Witnesses) Act 1978, No. 9230/1978 Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Amendment) Act 1978, No. 9242/1978 Assent Date: 19.12.78 Commencement Date: Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79: Government Gazette 21.3.79 p. 729 : All of Act in operation Crimes (Amendment) Act 1979, No. 9323/1979 Assent Date: 18.12.79 Commencement Date: 1.7.80: Government Gazette 25.6.80 p. 2121 : All of Act in operation Imperial Law Re-enactment Act 1980, No. 9407/1980 Assent Date: 20.5.80 Commencement Date: 2.7.80: Government Gazette 2.7.80 p. 2257 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80 (except as otherwise provided in s. 6(2)): s. 1(2) : All of Act in operation Community Welfare Services (Extradition) Act 1980, No. 9498/1980 Assent Date: 23.12.80 Commencement Date: 23.12.80 : All of Act in operation Crimes (Sexual Offences) Act 1980, No. 9509/1980 Assent Date: 23.12.80 Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338 : All of Act in operation Endnotes Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981
Assent Date: 15.5.84 Commencement Date: 5.6.84: Government Gazette 5.6.84 p. 1777 : All of Act in operation Crimes (Conspiracy and Incitement) Act 1984, No. 10079/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Endnotes Crimes (General Amendment) Act 1984, No. 10084/1984 Assent Date: 22.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Planning (Brothels) Act 1984, No. 10094/1984 (as amended by No. 124/1986) Assent Date: 22.5.84 Commencement Date: S. 14 on 2.7.84: Government Gazette 30.5.84 p. 1674 : This information relates only to the provision/s amending the Crimes Act 1958 Penalties and Sentences (Amendment) Act 1984, No. 10152/1984 Assent Date: 20.11.84 Commencement Date: S. 9 on 1.6.85: Government Gazette 22.5.85 p. 1667 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1985, No. 10233/1985 Assent Date: 10.12.85 Commencement Date: Ss 1–3, 10 on 22.1.86: Government Gazette 22.1.86 p. 144; rest of Act on 24.3.86: Government Gazette 12.2.86 p. 382 : All of Act in operation Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985 Assent Date: 10.12.85 Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114 : All of Act in operation Magistrates (Summary Proceedings) (Amendment) Act 1985, No. 10249/1985
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 9 on 1.7.06: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 14) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: Ss 3–19B, 42 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Document Destruction) Act 2006, No. 6/2006 Assent Date: 4.4.06 Commencement Date: S. 3 on 1.9.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006 Assent Date: 11.4.06 Commencement Date: Ss 13–15 on 12.4.06: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: S. 236 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006 Assent Date: 6.6.06 Commencement Date: Ss 3–18 on 30.6.06: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 9) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 3–5 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date: 3.6.08 Commencement Date: S. 77 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 3) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 272 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: S. 242 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Abortion Law Reform Act 2008, No. 58/2008 Assent Date: 22.10.08 Commencement Date: Ss 9–11 on 23.10.08: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: S. 69 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment ( and Other Matters) Act 2008, No. 78/2008 Assent Date: 11.12.08 Commencement Date: S. 25 on 31.12.09: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958