General and consequential provisions 132 95 Husband and wife 132 96–174 Repealed 133 Secret commissions prohibition 133 175 Definitions 133 176 Receipt or solicitation of secret commission by an agent an indictable offence 136 177 Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent 137 178 Giving or receiving false or misleading receipt or account an indictable offence 137 179 Gift or receipt of secret commission in return for advice given 138 180 Secret commission to trustee in return for substituted appointment 139 181 Aiding and abetting offences within or outside Victoria 140 182 Liability of directors etc. acting without authority 141 183 Repealed 141 184 Protection of witness giving answers criminating himself 142 185 Stay of proceedings against such witness 142 186 Custom of itself no defence 142 Fraudulently inducing persons to invest 143 187–190 Repealed 143 191 Fraudulently inducing persons to invest money 144 192 Repealed 146 Division 2AA—Identity crime 146 192A Definitions 146 192B Making, using or supplying identification information 147 192C Possession of identification information 148 192D Possession of equipment used to make etc. identification documentation 149 192E Not an offence to attempt to commit an identity crime offence 149 Division 2A—Money laundering etc. 150 193 Definitions 150 194 Dealing with proceeds of crime 151 195 Dealing with property suspected of being proceeds of crime 152 195A Dealing with property which subsequently becomes an instrument of crime 152
(33) Repealed 430 471 Repealed 430 Division 2—Punishment 431 (1) Sentences for offences 431 472–476A Repealed 431 476B Young person sentenced to life imprisonment 431 477–479 Repealed 431 479A Rescuing of prisoner from lawful custody 432 479B Aiding a prisoner in escaping 432 479C Escape and related offences 433 (2) Repealed 434 480–484 Repealed 434 (3) Execution of sentences 435 485–492 Repealed 435 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons 435 494 Repealed 435 (4)–(6) Repealed 435 495–505 Repealed 435 Division 3—Regulations 437 505A Regulations 437 438 506 Definitions 438 Division 1—Probation 440 (1) Probation officers 440 507 Probation officers 440 (2)–(5) Repealed 441 508–520 Repealed 441 Division 2—Repealed 443 521–541 Repealed 443 Division 3—Regulations 443 542 Regulations 443
(d) any procedure to narrow or close the vaginal opening; (e) the sealing or suturing together of the labia minora or labia majora; (f) the removal of the clitoral hood; injury includes unconsciousness, hysteria, pain and any substantial impairment of bodily function; s. 15 S. 15 def. of medical practitioner inserted by No. 46/1996 s. 3. medical practitioner means— (a) a registered medical practitioner; or (b) in relation to the performance of female genital mutilation outside , a person who, in the place in which the female genital mutilation took place, holds an authority to practise medicine which is similar to that of a registered medical practitioner; S. 15 def. of medical procedure inserted by No. 58/2008 s. 10(1). medical procedure, in relation to paragraph (b) of the definition of serious injury, means— (a) an abortion performed by a registered medical practitioner in accordance with the Abortion Law Reform Act 2008; or (b) the administration or supply of a drug or drugs by a registered pharmacist or registered nurse in accordance with the Abortion Law Reform Act 2008 to cause an abortion;
S. 17 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 11). 17 Causing serious injury recklessly A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence. Level 4 imprisonment (15 years maximum). S. 18 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 11), 48/1997 s. 60(1)(Sch. 1 item 12). 18 Causing injury intentionally or recklessly A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence. If the injury was caused 5 imprisonment (10 years maximum); If the injury was caused 6 imprisonment (5 years maximum). S. 19 substituted by No. 10233 s. 8(2). 19 Offence to administer certain substances s. 19 S. 19(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 16). (1) A person who— (a) without lawful excuse, administers to or causes to be taken by another person any substance which is capable, and which the first-mentioned person knows is capable, in intentionally—
S. 19A(2) substituted by No. 46/2008 s. 272. (2) In subsection (1), very serious disease means HIV within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008. S. 20 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 14). 20 Threats to kill A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person— (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 21 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 13), 48/1997 s. 60(1)(Sch. 1 item 16). 21 Threats to inflict serious injury A person who, without lawful excuse, makes to another person a threat to inflict serious injury on that other person or any other person— (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 21A inserted by No. 95/1994 s. 3. 21A Stalking s. 21A
S. 39 substituted by No. 81/1991 s. 3, amended by No. 49/1991 s. 119(3) (Sch. 3 item 1) (as amended by No. 81/1991 s. 10(Sch. item 3.1)). 39 Indecent assault s. 39 S. 39(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 20). (1) A person must not commit indecent assault. Level 5 imprisonment (10 years maximum). S. 39(2) amended by No. 57/2007 s. 7. (2) A person commits indecent assault if he or she assaults another person in indecent circumstances— S. 39(2)(a) inserted by No. 57/2007 s. 7. (a) while being aware that the person is not consenting or might not be consenting; or S. 39(2)(b) inserted by No. 57/2007 s. 7. (b) while not giving any thought to whether the person is not consenting or might not be consenting. New s. 40 inserted by No. 41/1993 s. 20. 40 Assault with intent to rape S. 40(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 20). (1) A person must not assault or threaten to assault another person with intent to commit rape. Level 5 imprisonment (10 years maximum). (2) In subsection (1), assault has the same meaning as in section 31(1).
S. 46 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 5), 48/1997 s. 60(1)(Sch. 1 item 23), repealed by No. 67/2000 s. 5. * * * * * s. 47 S. 47 substituted by No. 8/1991 s. 3. 47 Indecent act with child under the age of 16 S. 47(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 6), 48/1997 s. 60(1)(Sch. 1 item 24). (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 child under the age of 16 to whom he or she is not married. Level 5 imprisonment (10 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(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 (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(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. 48(2) amended by No. 2/2006 s. 12(2). (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— s. 48 (a) that the child was aged 18 or older; or (b) that he or she was married to the child. S. 48(3) inserted by No. 2/2006 s. 12(3). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 48(4) inserted by No. 2/2006 s. 12(3). (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 foster 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; (h) the child's counsellor; (i) the child's health professional; (j) a member of the police force acting in the course of his or her duty in respect of the child; S. 48(4)(k) amended by No. 8/2008 s. 22(1). (k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.
(b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). S. 52(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 29), substituted by No. 2/2006 s. 17(3). (2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and s. 52 (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum). S. 52(3) amended by No. 2/2006 s. 17(4)(a)(b). (3) Consent is not a defence to a charge under this section 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 that he or she was the spouse or domestic partner of the person residing at or attending the facility. S. 52(4) inserted by No. 2/2006 s. 17(5). (4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent.
S. 56 substituted by No. 8/1991 s. 3. 56 Abduction of child under the age of 16 S. 56(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 33). (1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum). S. 56(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 69/1997 s. 22(2). (2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum). S. 57 substituted by No. 8/1991 s. 3. 57 Procuring sexual penetration by threats or fraud s. 56 S. 57(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 34(a)). (1) A person must not by threats or intimidation procure a person to take part in an act of sexual penetration. Level 5 imprisonment (10 years maximum).
(11) Attempts to procure abortion No. 6103 s. 65. S. 65 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 33), 48/1997 s. 60(1)(Sch. 1 item 42), substituted by No. 58/2008 s. 11. 65 Abortion performed by unqualified person s. 65 (1) A person who is not a qualified person must not perform an abortion on another person. Level 5 imprisonment (10 years maximum). (2) A woman who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against this section. (3) For the purposes of this section— (a) a registered medical practitioner is a qualified person; and (b) a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the Abortion Law Reform Act 2008. (4) In this section— abortion has the same meaning as in the Abortion Law Reform Act 2008; perform an abortion includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion; S. 65(4) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 17.2). 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. 65(4) def. of registered nurse substituted by No. 13/2010 s. 51(Sch. item 17.2). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student); S. 65(4) def. of registered pharmacist substituted by No. 13/2010 s. 51(Sch. item 17.2). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); woman means a female person of any age. No. 6103 s. 66. S. 66 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 34), 48/1997 s. 60(1)(Sch. 1 item 43), substituted by No. 58/2008 s. 11. 66 Abortion—Abolition of common law offences s. 66 Any rule of common law that creates an offence in relation to procuring a woman's miscarriage is abolished. (12) Concealing the birth of a child No. 6103 s. 67. S. 67 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 35), 48/1997 s. 60(1)(Sch. 1 item 44(a)(b)). 67 Concealing birth of a child If any woman has been delivered of a child, every person who by any secret disposition of the dead body of the said child whether such child died before at or after its birth endeavours to conceal the birth thereof, shall be guilty of a summary offence, and shall be liable to level 9 imprisonment (6 months maximum).
Pt 1 Div. 1 Subdiv. (14) (Heading and ss 70AB, 70AC) inserted by No. 20/2004 s. 7. (14) Sexual performances involving a minor S. 70AB inserted by No. 20/2004 s. 7. 70AB Definitions s. 70AB In this Subdivision— minor means person under the age of 18 years; sexual performance means live performance that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person. S. 70AC inserted by No. 20/2004 s. 7. 70AC Sexual performance involving a minor A person must not— (a) invite a minor to be in any way concerned in a sexual performance; or (b) procure a minor for the purpose of being in any way concerned in a sexual performance; or (c) cause a minor to be in any way concerned in a sexual performance; or (d) offer a minor to be in any way concerned in a sexual performance— in circumstances where there is payment or reward to the minor or to any other person in respect of the performance. Level 5 imprisonment (10 years maximum). Pt 1 Div. 1 Subdiv. (14) (Heading and s. 70) repealed by No. 9509 s. 6. * * * * *
S. 77 substituted by No. 8425 s. 2(1)(b). 77 Aggravated burglary s. 77 S. 77(1) amended by Nos 9008 s. 2(1) (Sch. item 2(a)), 9048 s. 4(a)(b), 9323 s. 2(b), 66/1996 s. 201(2), substituted by No. 48/1997 s. 54. (1) A person is guilty of aggravated burglary if he or she commits a burglary and— (a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or (b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present. S. 77(1A) inserted by No. 48/1997 s. 54. (1A) For the purposes of subsection (1)— explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose; firearm has the same meaning as in the Firearms Act 1996; imitation explosive means any article which might reasonably be taken to be or to contain an explosive; imitation firearm means anything which has the appearance of being a firearm, whether capable of being discharged or not; offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.
movable) prepared for or employed in any manufacture or any steam-engine or other engine for sinking working ventilating or draining any mine, or any staith building or erection used in conducting the business of any mine or any bridge waggon-way tramway trunk or shoot for conveying minerals from any mine, shall be guilty of an indictable offence, and shall be liable to level 4 imprisonment (15 years maximum). S. 206(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch 2 item 51), 48/1997 s. 60(1)(Sch. 1 item 73(b)). (2) Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force injure or damage any such place building or erection or thing as is in the last subsection mentioned, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). No. 6103 s. 207. 207 Forcible entry s. 207 S. 207(1) repealed by No. 44/1997 s. 3. * * * * * (2) No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled.
the person who takes it to commit treason or murder; or (b) takes any such oath or engagement not being compelled to do so; or (c) induces or attempts to induce any person to take any such oath or engagement— shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum). S. 316(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 86(b)). (2) Every person who— (a) administers or is present at and consents to the administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to act in any of the ways following (that is to say):— (i) to engage in any mutinous or seditious enterprise; S. 316(2)(a)(ii) amended by No. 9019 s. 2(1)(Sch. item 39). (ii) to commit any indictable offence other than treason or murder; (iii) to disturb the public peace; (iv) to be of any association society or confederacy formed for the purpose of doing any such act as aforesaid; (v) to obey the order or commands of any committee or body of men not lawfully constituted or of any leader or commander or other person not having authority by law for that purpose; s. 316 (vi) not to inform or give evidence against any associate confederate or other person;
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or s. 318 (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. S. 318(2A) inserted by No. 59/2004 s. 5. (2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. S. 318(3) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.13). (3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment. S. 318(4) amended by No. 9576 s. 11(1). (4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section. S. 318(5) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.14). (5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be
be an offence at common law or under section 321 or any other enactment) is hereby abolished. S. 321F(4) inserted by No. 10233 s. 9(b), amended by No. 68/2009 s. 97(Sch. item 40.17). (4) An indictment charging an offence of conspiracy to cheat and defraud or conspiracy to defraud must not be filed without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this subsection. Pt 1 Div. 11 (Heading and ss inserted by No. 10079 s. 7(2). Division 11—Incitement S. 321G inserted by No. 10079 s. 7(2). 321G Incitement s. 321G (1) Subject to this Act, where a person in or elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by— (a) the person incited; (b) the inciter; or (c) both the inciter and the person incited— if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement. (2) For a person to be guilty under subsection (1) of incitement the person— (a) must intend that the offence the subject of the incitement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist
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. 321I(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.18), 49/1991 s. 119(1) (Sch. 2 item 63(a)(i)), 68/2009 s. 97(Sch. item 40.18). (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. 321I(1)(d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 63(a)(ii)), 48/1997 s. 60(1)(Sch. 1 item 92(c)). (i) level 6 imprisonment (5 years maximum); or s. 321I
S. 321K inserted by No. 10079 s. 7(2). 321K Limitations on prosecution (1) Where any enactment prohibits the institution or continuance of proceedings for an offence otherwise than by or with the consent of any person, the prohibition shall apply in relation to proceedings under section 321G for incitement to commit that offence. (2) Where— (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired— proceedings under section 321G for incitement to commit that offence shall not be instituted against any person. (3) A person shall not be liable to be convicted in respect of the same inciting of both— (a) incitement under section 321G; and (b) incitement under any enactment other than section 321G. S. 321L inserted by No. 10079 s. 7(2). 321L Incitement at common law abolished The offence of incitement at common law is hereby abolished. Pt 1 Div. 12 (Heading and (ss inserted by No. 10233 s. 4. Division 12—Attempts S. 321M inserted by No. 10233 s. 4. 321M Attempt s. 321K A person who attempts to commit an indictable offence is guilty of the indictable offence of attempting to commit that offence.
S. 321P(1) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 64). (1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table: S. 321P(1)(a) Table substituted by Nos 48/1997 s. 60(1)(Sch. 1 item 94(a)), 69/1997 s. 23. TABLE Column 1 Column 2 Level 1 imprisonment (life) Level 2 imprisonment (25 years maximum) Level 2 imprisonment (25 years maximum) Level 3 imprisonment (20 years maximum) Level 2 fine (3000 penalty units maximum) Level 3 fine (2400 penalty units maximum) Level 3 imprisonment (20 years maximum) Level 4 imprisonment (15 years maximum) Level 3 fine (2400 penalty units maximum) Level 4 fine (1800 penalty units maximum) Level 4 imprisonment (15 years maximum) Level 5 imprisonment (10 years maximum) Level 4 fine (1800 penalty units maximum) Level 5 fine (1200 penalty units maximum) Level 5 imprisonment (10 years maximum) Level 6 imprisonment (5 years maximum) Level 5 fine (1200 penalty units maximum) Level 6 fine (600 penalty units maximum) Level 6 imprisonment (5 years maximum) Level 7 imprisonment (2 years maximum) Level 6 fine (600 penalty units maximum) Level 7 fine (240 penalty units maximum) Level 7 imprisonment (2 years maximum) Level 8 imprisonment (1 year maximum) Level 7 fine (240 penalty units maximum) Level 8 fine (120 penalty units maximum)
Pt 3 Div. 1 Subdiv. (16) (Heading and s. 417) amended by Nos 7705 s. 10, 8870 s. 5(1), 37/1986 s. 5(c), 12/1993 s. 4(f)(g), 35/1996 s. 453(Sch. 1 item 16.12), repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)). * * * * * s. 417 Pt 3 Div. 1 Subdiv. (17) (Heading and s. 418) amended by Nos 8870 s. 5(1), 10084 s. 7, 37/1986 s. 5(d), 12/1993 s. 4(h), 35/1996 s. 453(Sch. 1 item 16.13), repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)). * * * * * (18) View S. 419 repealed by No. 69/2009 s. 49. * * * * *
Pt 3 Div. 1 Subdiv. (29B) (Heading and ss inserted by No. 120/1993 s. 79, repealed by No. 30/1997 s. 6. * * * * * (30) Apprehension of offenders s. 457 S. 457 substituted by No. 8247 s. 2. 457 No person to be arrested without warrant except under this Act etc. After the commencement of the Crimes (Powers of Arrest) Act 1972 no person shall be arrested without warrant except pursuant to the provisions of— (a) this Act; or (b) some other Act expressly giving power to arrest without warrant. 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 (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—
(b) if the aircraft is not in the course of a flight—remove a person from the aircraft. S. 463B inserted by No. 7546 s. 3. 463B Prevention of suicide s. 463B Every person is justified in using such force as may reasonably be necessary to prevent the commission of suicide or of any act which he believes on reasonable grounds would, if committed, amount to suicide. S. 464 repealed by No. 8425 s. 2(1)(h). * * * * * 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 (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 jurisdiction, functions corresponding to those of the Chief Commissioner of Police or any other prescribed authority; S. 464(2) def. of approved mental health service inserted by No. 81/1997 s. 16(a). approved mental health service has the same meaning as in the Mental Health Act 1986; s. 464 S. 464(2) def. of authorised person inserted by No. 25/1989 s. 11(a), repealed by No. 23/1991 s. 8(1)(a), new def. of authorised person inserted by No. 23/1991 s. 8(1)(b). authorised person means a person appointed as an authorised person under subsection (3);
S. 464(2) def. of dentist inserted by No. 129/1993 s. 6(a), substituted 26/1999 s. 107(Sch. item 1), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(a)), substituted by No. 13/2010 s. 51(Sch. item 17.3(a)). dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); (b) in the dentists division of that profession; S. 464(2) def. of detained or protected person inserted by No. 84/1989 s. 4(a), amended by Nos 93/1990 s. 27(a), 23/2006 s. 236(4), 48/2006 s. 42(Sch. item 9.2(a)). detained or protected person means a person who— s. 464 (a) is held in a prison, police gaol, youth justice centre or youth residential centre; or (b) is held in an institution within the meaning of section 56 of the Corrections Act 1986; or (c) is a security resident within the meaning of the Disability Act 2006; or (d) is an involuntary or security patient within the meaning of the Mental Health Act 1986; S. 464(2) def. of DNA database inserted by No. 16/2002 s. 5, substituted by No. 32/2007 s. 4(1). DNA database means— (a) the Victorian DNA database; or (b) NCIDD; or (c) another DNA database system that is kept under a corresponding law of a participating jurisdiction;
S. 464(2) def. of DNA database system inserted by No. 16/2002 s. 5. DNA database system means a database (whether in computerised or other form and however described) containing— (a) one or more of the following indexes of DNA profiles— (i) a crime scene index; (ii) a missing persons index; (iii) an unknown deceased persons index; (iv) a serious offenders index; (v) a volunteers (unlimited purposes) index; (vi) a volunteers (limited purposes) index; (vii) a suspects index— and information that may be used to identify the person from whose forensic material each DNA profile was derived; and (b) a statistical index; and (c) any other prescribed index; S. 464(2) def. of fingerprints inserted by No. 38/1988 s. 5(a). fingerprints includes finger, palm, toe and sole prints; S. 464(2) def. of fingerscan inserted by No. 41/2004 s. 3. fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints; Example s. 464 Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.
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;
S. 464(2) def. of volunteers (unlimited purposes) index inserted by No. 16/2002 s. 5. volunteers (unlimited 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 for the purpose of a criminal investigation or any other purpose for which the DNA database may be used; S. 464(2) def. of youth residential centre inserted by No. 129/1993 s. 6(g), amended by No. 48/2006 s. 42(Sch. item 9.2(d)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; S. 464(2) def. of young person inserted by No. 38/1988 s. 5(c), repealed by No. 129/1993 s. 6(f). * * * * * S. 464(3) inserted by No. 25/1989 s. 11(b). (3) The Minister administering the Police Regulation Act 1958 may appoint by notice published in the Government Gazette a person or class of persons as a person or persons authorised to take fingerprints in accordance with this Subdivision. S. 464AA inserted by No. 27/2006 s. 4. 464AA Digital recordings s. 464AA If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the
S. 464K(5) amended by No. 27/2006 s. 17(11)(a). (5) If information and a person's responses are recorded by audio recording or audiovisual recording in accordance with this section, the member of the police force giving the information must give or send by post to the person or his or her legal practitioner without charge— S. 464K(5)(a) amended by No. 27/2006 s. 17(11)(b). (a) the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and S. 464K(5)(b) amended by No. 27/2006 s. 17(11)(c). (b) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable. (6) If information and a person's responses are recorded in writing in accordance with this section, the member requesting the person's fingerprints must give to the person, or cause the person to be given, a copy of the signed record forthwith. s. 464K (7) A member of the police force may use reasonable force to take the fingerprints of a person referred to in subsection (1) who refuses to give them voluntarily if the use of reasonable force is authorised by a member in charge of a police station at the time of the request or a member of or above the rank of sergeant. S. 464K(8) amended by No. 72/2004 s. 28. (8) If the person from whom fingerprints are required is a child aged 15, 16 or 17 years— (a) a parent or guardian of the child or, if a parent or guardian cannot be located, an independent person must be present during the request for the fingerprints, the giving of the information referred to in subsection (2) and the taking of the fingerprints; and
(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. 464Z(5) amended by Nos 81/1997 s. 19(4), 13/2010 s. 51(Sch. item 17.6(d)). (5) If a medical practitioner, nurse, midwife or dentist is chosen by a person under subsection (4)— (a) if practicable, the forensic procedure is to be conducted by or in the presence of the chosen person; and S. 464Z(5)(b) amended by No. 81/1997 s. 19(4). (b) if the chosen person conducts the forensic procedure, a medical practitioner, nurse or dentist (as the case requires) nominated by the police must be present. (6) A sample must be taken or a physical examination must be conducted— S. 464Z(6)(a) amended by Nos 81/1997 s. 21(a), 13/2010 s. 51(Sch. item 17.6(e)). (a) if taken or conducted by a medical practitioner, nurse, midwife or dentist, in a manner consistent with the appropriate medical or dental standards; and S. 464Z(6)(ab) inserted by No. 81/1997 s. 21(b), amended by No. 16/2002 s. 7(5)(a). (ab) in the presence of a member of the police force who is present to witness the taking of the sample or the conduct of the physical examination, subject to subsection (9), and is of the same sex, if practicable, as the person from whom the sample is to be taken or who is to be examined; and s. 464Z (b) in circumstances affording reasonable privacy to the person from whom the sample is to be taken or who is to be examined; and (c) in the presence only of— S. 464Z(6)(c)(i) amended by No. 81/1997 s. 21(c). (i) a member of the police force required by paragraph (ab) to be present; and (ii) a person required by section 464ZA to be present; and
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.
S. 464ZE(4) amended by No. 27/2006 s. 17(29). (4) If the conduct of a forensic procedure is recorded by audiovisual recording, the recording is inadmissible as evidence except— (a) to establish or rebut an allegation that unreasonable force was used to enable the procedure to be conducted; or (b) to determine the admissibility of a confession or admission or other evidence adverse to the accused where the accused alleges that the evidence was induced or obtained by the use of unreasonable force. (5) If evidence obtained as a result of a forensic procedure conducted on a person would be admissible in proceedings against that person for an offence, that evidence is admissible in proceedings against that person for a relevant offence within the meaning of section 464ZG. (6) Evidence obtained as a result of a physical examination conducted in good faith on a person for the purposes of medical or dental treatment is admissible in proceedings against that person for an offence. S. 464ZF inserted by No. 84/1989 s. 5, substituted by Nos 129/1993 s. 7, 81/1997 s. 25. 464ZF Forensic procedure following the commission of forensic sample offence s. 464ZF (1) In this section— S. 464ZF(1) def. of child amended by No. 72/2004 s. 31(1). child means a child aged 10 years or more but under 18 years; forensic sample offence means any offence specified in Schedule 8.
(a) a notice was served on a person in accordance with this section; and (b) the person has not undergone the forensic procedure— the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— (c) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (d) to arrest the person; and (e) to detain the person for as long as reasonably permits the conduct of the forensic procedure. (8) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant issued under subsection (7) as if it were a warrant issued under section 464ZFA(1B). S. 464ZFA (Heading) inserted by No. 27/2006 s. 10(1). S. 464ZFA inserted by No. 81/1997 s. 25. 464ZFA Warrants issued for forensic procedures under section 464ZF or 464ZFAAA s. 464ZFA S. 464ZFA(1) substituted by No. 27/2006 s. 10(2), amended by No. 48/2006 s. 42(Sch. item 9.3). (1) If— (a) before a court makes an order under section 464ZF(3) directing a person to undergo a forensic procedure, that person has been released from the prison, police gaol, youth justice centre or approved mental health service where he or she was serving a term of imprisonment or a period of detention at the time the application for the order was made; or
(c) to detain the person for as long as reasonably permits the conduct of the forensic procedure. S. 464ZFA(2) amended by No. 16/2002 s. 12(2)(a). (2) A warrant issued under subsection (1) or (1B) may be directed to— (a) a named member of the police force; or (b) generally all members of the police force. S. 464FA(3) amended by No. 16/2002 s. 12(2)(b). (3) A warrant issued under subsection (1) or (1B) directed to a named member of the police force may be executed by any member of the police force. S. 464ZFA(4) amended by No. 16/2002 s. 12(2)(c)(i). (4) If a court issues a warrant under subsection (1) or a magistrate or registrar issues a warrant under subsection (1B), the court, magistrate or registrar must— S. 464ZFA (4)(a) amended by No. 16/2002 s. 12(2)(c)(ii). (a) give reasons for the decision; and (b) cause a note of the reasons to be entered in the records of the court. S. 464ZFA(5) amended by No. 16/2002 s. 12(2)(d)(i)(ii). (5) A failure of a court, magistrate or registrar to comply with subsection (4) does not invalidate any order made by the court, magistrate or registrar but constitutes non-compliance for the purposes of section 464ZE(1)(a). S. 464ZFA(6) amended by No. 16/2002 s. 12(2)(e). s. 464ZFA (6) If a person is arrested under a warrant issued under subsection (1) or (1B), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier). S. 464ZFA(7) inserted by No. 16/2002 s. 12(3). (7) A member of the police force who executes a warrant issued under subsection (1B) must, as soon as practicable after executing the warrant—
S. 464ZGH (Heading) amended by No. 32/2007 s. 7(1). S. 464ZGH inserted by No. 16/2002 s. 16. 464ZGH Use of information on Victorian DNA database S. 464ZGH(1) amended by No. 32/2007 s. 7(1). s. 464ZGH (1) A person who accesses information stored on the Victorian DNA database except in accordance with this section is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGH(2) amended by No. 32/2007 s. 7(1). (2) A person may access information stored on the Victorian DNA database for one or more of the following purposes— (a) forensic comparison permitted under section 464ZGI (permissible matching); (b) making the information available, in accordance with the regulations, to the person to whom the information relates; S. 464ZGH (2)(c) amended by No. 32/2007 s. 7(1). (c) administering the Victorian DNA database; S. 464ZGH (2)(d) substituted by No. 32/2007 s. 7(2). (d) in accordance with an arrangement entered into under section 464ZGN; (e) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (f) a coronial investigation or inquest;
(b) who intends or is reckless as to any such matching of profiles— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGI(3) amended by No. 32/2007 s. 8(2). (3) A person is not guilty of an offence against subsection (2) if the person's conduct causes a matching that is not permitted by this Subdivision but the matching is solely for the purpose of administering the Victorian DNA database. S. 464ZGJ (Heading) amended by No. 32/2007 s. 9(1). S. 464ZGJ inserted by No. 16/2002 s. 16. 464ZGJ Recording, retention and removal of identifying information on DNA database s. 464ZGJ (1) In this section— S. 464ZGJ(1) def. of identifying information substituted by No. 32/2007 s. 9(2). identifying information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database; S. 464ZGJ(1) def. of identifying period amended by No. 32/2007 s. 9(1)(3)-(5). identifying period for identifying information means— (a) except as provided by paragraphs (b) and (c), the period of 12 months after the information is placed on the DNA database; (b) if the information is derived from forensic material taken from a volunteer—the period after the information is placed on the DNA database that is agreed by the Chief Commissioner of Police and the volunteer;
imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGK (Heading) amended by No. 32/2007 s. 10(1). S. 464ZGK inserted by No. 16/2002 s. 16. 464ZGK Disclosure of Victorian information s. 464ZGK (1) A person who— S. 464ZGK (1)(a) substituted by No. 32/2007 s. 10(2). (a) has access to Victorian information; and S. 464ZGK (1)(b) amended by No. 32/2007 s. 10(3). (b) intentionally or recklessly causes the disclosure of the Victorian information other than as provided by this section— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGK(2) amended by No. 32/2007 s. 10(4). (2) A person may only disclose Victorian information stored on a DNA database for one or more of the following purposes— (a) forensic comparison in the course of a criminal investigation by a member of the police force or any other person authorised in writing by the Chief Commissioner of Police; (b) making the information available, in accordance with the regulations, to the person to whom the information relates; S. 464ZGK (2)(c) substituted by No. 32/2007 s. 10(5). (c) administering the DNA database;
S. 464ZGK (2)(d) substituted by No. 32/2007 s. 10(5). (d) in accordance with an agreement entered into under section 464ZGN; (e) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (f) a coronial investigation or inquest; (g) an investigation of a complaint by— s. 464ZGK (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. 464ZGK(2) (g)(iii) substituted by No. 32/2007 s. 10(6). (iii) the Ombudsman appointed under the Ombudsman Act 1973; or S. 464ZGK(2) (g)(iv) inserted by No. 32/2007 s. 10(6), amended by No. 34/2008 s. 143(Sch. 2 item 3.2). (iv) the Director, Police Integrity within the meaning of the Police Integrity Act 2008; or S. 464ZGK(2) (g)(v) inserted by No. 32/2007 s. 10(6). (v) an authority of a participating jurisdiction, but only if the authority would be entitled to the information if it were held on the participating jurisdiction's DNA database. S. 464ZGK(3) amended by No. 32/2007 s. 10(7). (3) A person may only disclose Victorian information revealed by the carrying out of a forensic procedure as follows—
contravene section 464ZGI were the information contained wholly within the Victorian DNA database. Notes 1 Information that is transmitted under this section must not be recorded or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after the time for destruction of the forensic material that is required by this Subdivision or a corresponding law of a participating jurisdiction. See section 464ZGJ. 2 A person who has access to information from the Victorian DNA database must not disclose the information other than in limited, specified circumstances. See section 464ZGK. S. 464ZGO inserted by No. 16/2002 s. 16. 464ZGO Taking, retention and use of forensic material authorised by laws of other jurisdictions s. 464ZGO (1) Subject to section 464ZGM and this section, nothing in this Subdivision affects the taking, retention or use of forensic material, or information obtained from forensic material, if the taking, retention or use of the material is authorised by or under a corresponding law of the Commonwealth, another State or a Territory. (2) Forensic material taken, or information obtained from it, in accordance with a corresponding law of the Commonwealth, another State or a Territory may be retained or used for investigative, evidentiary or statistical purposes even if its retention or use would, but for this subsection, constitute a contravention of a provision of this Subdivision relating to the carrying out of forensic procedures. (3) Forensic material taken, or information obtained from it, in accordance with a law of the Commonwealth, another State or a Territory as in force immediately before the commencement of
the Crimes Act 1928 are declared to have been as on and from the said commencement honorary probation officers as if appointed under the last preceding subsection. S. 507(4) amended by No. 9966 s. 21(2)(b)(i)(ii), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * S. 507(4A) inserted by No. 9966 s. 21(2)(c), amended by No. 45/1996 s. 18(Sch. 2 item 6.5). (4A) All stipendiary and honorary probation officers appointed under this section shall be under the control of the Secretary to the Department of Justice. S. 507(5) amended by No. 9966 s. 21(2)(d), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * S. 507(6) amended by Nos 9966 s. 21(2)(e)(i)(ii), 45/1996 s. 18(Sch. 2 item 6.6), 46/1998 s. 7(Sch. 1). (6) The Secretary to the Department of Justice or, in the case of a convicted person who is a child, the Secretary to the Department of Human Services shall when so required by any court cause to be prepared and submitted to that court such reports upon and information with respect to the convicted person as the court requires. S. 507(7) amended by No. 9966 s. 21(2)(f), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * s. 507
Pt 4 Div. 1 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(m)(i). * * * * * Ss 508, 509 repealed. * * * * * Pt 4 Div. 1 Subdiv. (3) (Heading) repealed by No. 25/1989 s. 20(m)(ii). * * * * * s. 510 Ss 510–515A repealed. * * * * * Pt 4 Div. 1 Subdiv. (4) (Heading) repealed by No. 25/1989 s. 20(m)(iii). * * * * * Ss 516–519A repealed. * * * * * Pt 4 Div. 1 Subdiv. (5) (Heading) repealed by No. 25/1989 s. 20(m)(iv). * * * * * S. 520 amended by Nos 7876 s. 8(3), 10084 s. 10(a)–(c), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * *
(e) section 45(1) (sexual penetration of child under the age of 16); * * * * * (g) section 47(1) (indecent act with child under the age of 16); (h) section 47A(1) (persistent sexual abuse of child under the age of 16); (i) section 49A(1) (facilitating sexual offences against children); (j) section 51 (sexual offences against persons with a cognitive impairment); Sch. 8 (k) section 52 (sexual offences against persons with a cognitive impairment by providers of special programs); (l) section 53 (administration of drugs, etc.); (m) section 55 (abduction or detention); (n) section 56 (abduction of child under the age of 16); (o) section 57 (procuring sexual penetration by threats or fraud); (p) section 58 (procuring sexual penetration of child); (q) section 76 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault; (r) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault. 7A An offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act
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: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Justices (Amendment) Act 1962, No. 6958/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 : All of Act in operation Parole Board Membership Act 1963, No. 6994/1963
Assent Date: 19.12.67 Commencement Date: 1.3.68: Government Gazette 1.3.68 p. 577 : All of Act in operation Juries Act 1967, No. 7651/1967 (as amended by No. 7725/1968) Assent Date: 19.12.67 Commencement Date: S. 2(1)(Sch. 1 Pt 2 item 3) on 1.1.69: Government Gazette 4.12.68 p. 3919 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1968, No. 7696/1968 Assent Date: 7.5.68 Commencement Date: 7.5.68 : All of Act in operation Abolition of Bailiwicks Act 1968, No. 7703/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3930 : All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation Crimes (Evidence) Act 1968, No. 7782/1968 Assent Date: 18.12.68 Commencement Date: 18.12.68 : All of Act in operation Endnotes Justices (Amendment) Act 1969, No. 7876/1969 Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Abolition of Obsolete Offences Act 1969, No. 7884/1969 Assent Date: 2.12.69 Commencement Date: 2.12.69 : All of Act in operation Legal Aid Act 1969, No. 7919/1969 Assent Date: 16.12.69 Commencement Date: All of Act (except Pt 1) on 1.6.70: Government Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70 p. 3073 : All of Act in operation Crimes (Amendment) Act 1970, No. 7994/1970
Assent Date: 4.11.70 Commencement Date: 4.11.70 : All of Act in operation Criminal Appeals Act 1970, No. 8063/1970 Assent Date: 22.12.70 Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830 : All of Act in operation Motor Car (Driving Offences) Act 1971, No. 8143/1971 Assent Date: 4.5.71 Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502 : All of Act in operation Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Endnotes Justices Act 1972, No. 8275/1972 Assent Date: 13.5.72 Commencement Date: 15.1.73: Government Gazette 10.1.73 p. 45 : All of Act in operation Crimes (Amendment) Act 1972, No. 8280/1972 Assent Date: 13.5.72 Commencement Date: 13.5.72 : All of Act in operation Crimes Act 1972, No. 8338/1972 Assent Date: 5.12.72 Commencement Date: 29.1.73: Government Gazette 24.1.73 p. 164 : All of Act in operation Crimes (Amendment) Act 1973, No. 8410/1973 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: 14.12.76 Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Magistrates' Courts (Commitment) Act 1977, No. 8998/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Bail Act 1977, No. 9008/1977 Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2 : All of Act in operation Crimes (Armed Robbery) Act 1977, No. 9048/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77: subject to s. 2(2) : All of Act in operation Endnotes Crimes (Married Persons' Liability) Act 1977, No. 9073/1977 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 25.1.78 p. 201 : All of Act in operation Crimes (Hijackings and Other Offences) Act 1978, No. 9155/1978 Assent Date: 30.5.78 Commencement Date: 1.10.78: Government Gazette 6.9.78 p. 2869 : All of Act in operation Crimes (Criminal Damage) Act 1978, No. 9228/1978 (as amended by No. 9427/1980) 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