S. 2A inserted by No. 7088 s. 2(a), amended by No. 9509 s. 4(a). 2A Definitions (1) In this Act unless inconsistent with the context or subject-matter— aircraft means every type of machine or structure used or intended to be used for navigation of the air; S. 2A(1) def. of baseline sentence inserted by No. 52/2014 s. 11. baseline sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991; S. 2A(1) def. of brothel inserted by No. 9509 s. 4(b), repealed by No. 124/1986 s. 74(a). * * * * * S. 2A(1) def. of drug of addiction inserted by No. 9509 s. 4(b), substituted by No. 9719 s. 135. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; S. 2A(1) def. of incite inserted by No. 10079 s. 8(a). incite includes command, request, propose, advise, encourage or authorize; S. 2A(1) def. of Juries inserted by No. 53/2000 s. 94(1). Juries Commissioner has the same meaning as in the Juries Act 2000;
S. 2A(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 27.1), amended by No. 17/2014 s. 160(Sch. 2 item 28). legal practitioner means an Australian lawyer; S. 2A(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 36.1(a)). member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013; S. 2A(1) def. of motor car inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item 5.1). * * * * * S. 2A(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 5.1). motor vehicle has the same meaning as in the Road Safety Act 1986; S. 2A(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 36.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 2A(1) def. of prostitute, prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986 s. 74(a). * * * * *
Division 1—Offences against the person (1) Homicide S. 3 substituted by Nos 8679 s. 2, 37/1986 s. 8, amended by Nos 49/1991 s. 119(1) (Sch.2 item 1(a)), 52/2014 s. 12 (ILA s. 39B(1)). 3 Punishment for murder (1) Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to— S. 3(a) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 1(b)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 1). (a) level 1 imprisonment (life); or S. 3(b) amended by No. 49/1991 s. 119(1) (Sch. 2 item 1(c)). (b) imprisonment for such other term as is fixed by the court— as the court determines. S. 3(2) inserted by No. 52/2014 s. 12, substituted by No. 69/2014 s. 11. (2) The baseline sentence for murder is— (a) 30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that— (i) the person murdered was an emergency worker on duty; and (ii) at the time of carrying out the conduct the accused knew or was reckless as to
whether that person was an emergency worker; and (b) in any other case, 25 years. S. 3(3) inserted by No. 69/2014 s. 11. (3) In subsection (2)(a) emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991. Note to s. 3 inserted by No. 69/2014 s. 11. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 3A inserted by No. 9576 s. 3(1). 3A Unintentional killing in the course or furtherance of a crime of violence S. 3A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997 s. 60(1)(Sch. 1 item 2(a)(b)). (1) A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated. S. 3B inserted by No. 77/2005 s. 3. 3B Provocation no longer a partial defence to murder The rule of law that provocation reduces the crime of murder to manslaughter is abolished.
of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. S. 7 repealed by No. 9576 s. 11(1). * * * * * No. 6103 s. 8. 8 Petit treason Every offence which before the twenty-seventh day of June in the year of our Lord One thousand eight hundred and twenty-eight would have amounted to petit treason shall be deemed to be murder only; and all persons guilty in respect thereof whether as principals or as accessories shall be dealt with indicted tried and punished as principals and accessories in murder. No. 6103 s. 9. S. 9 amended by Nos 9576 s. 11(1), 77/2005 s. 8(3)(a)(i)(ii), 7/2008 s. 7(3)(a), 63/2014 s. 3(2). 9 Provision for trial for murder or manslaughter in where death or cause of death only happens in Where any person being criminally stricken poisoned or otherwise hurt upon the sea or at any place out of Victoria dies of such stroke poisoning or hurt in Victoria, or being criminally stricken poisoned or otherwise hurt at any place in Victoria dies of such stroke poisoning or hurt upon the sea or at any place out of Victoria, every offence committed in respect of any such case, whether the same amounts to the offence of murder or of manslaughter or of child homicide or of being accessory to murder or manslaughter or child homicide, may be dealt with inquired of tried determined and punished in Victoria in the same manner in all respects as if such offence had been wholly committed in Victoria.
genital mutilation took place, holds an authority to practise midwifery which is similar to that of registered midwife; S. 15 def. of offensive weapon inserted by No. 6/2013 s. 3(c). offensive weapon has the same meaning as in section 77(1A); S. 15 def. of physical injury inserted by No. 6/2013 s. 3(c). physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function; S. 15 def. of prohibited female genital mutilation inserted by No. 46/1996 s. 3. prohibited female genital mutilation means female genital mutilation the performance of which would be an offence under this Act if carried out in the State; 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);
(b) a substance shall be taken to interfere substantially with bodily functions if the substance is capable of inducing unconsciousness or sleep. S. 19A inserted by No. 19/1993 s. 3, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 13), 46/2008 s. 272, repealed by No. 17/2015 s. 3. * * * * * 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
S. 28 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). 28 Extortion with threat to destroy property etc. A person who makes a demand of another person with a threat to destroy, or endanger the safety of, a building, structure in the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway engine or railway carriage is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 29 substituted by No. 10233 s. 8(2). 29 Using firearm to resist arrest etc. S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1) (Sch. 2 item 10), 48/1997 s. 60(1)(Sch. 1 item 15), 69/1997 s. 22(1). (1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum). S. 29(2) amended by No. 25/1989 s. 20(a). (2) A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence. (3) In this section— S. 29(3)(a) amended by No. 24/1990 s. 16, substituted by No. 66/1996 s. 201(1). (a) firearm has the same meaning as in the Firearms Act 1996; and
(l) having initially given consent to the act, the person later withdraws consent to the act taking place or continuing. New s. 35 inserted by No. 81/1991 s. 3. 35 Definitions S. 35(1) amended by No. 74/2014 s. 7(1). (1) In Subdivisions (8B) to (8G)— de facto spouse means a person who is living with a person of the opposite sex as if they were married although they are not; S. 35(1) def. of domestic partner inserted by No. 2/2006 s. 3(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 16.1), amended by No. 4/2009 s. 37(Sch. 1 item 9.1). domestic partner of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); sexual penetration means— (a) the introduction (to any extent) by a person of his penis into the vagina, anus or mouth of another person, whether or not there is emission of semen; or (b) the introduction (to any extent) by a person of an object or a part of his or her body (other than the penis) into the vagina or anus of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes;
of persons with a cognitive impairment and includes a residential facility; S. 50(1) def. of impaired repealed by No. 2/2006 s. 15(b). * * * * * indecent act does not include an act done in the course of an appropriate and generally accepted medical, therapeutic or hygienic procedure; S. 50(1) def. of intellectual disability amended by No. 23/2006 s. 236(1). intellectual disability has the same meaning as in the Disability Act 2006; S. 50(1) def. of resident repealed by No. 2/2006 s. 15(b). * * * * * S. 50(1) def. of residential facility amended by Nos 98/1995 s. 65(Sch. 1 item 3), 49/2010 s. 227(a), 26/2014 s. 455(Sch. item 7.1). residential facility means— (a) a designated mental health service within the meaning of the Mental Health Act 2014; or (b) premises operated by any person or body (government or non-government) wholly or substantially for the purpose of providing residential services to intellectually disabled people; (c) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010;
S. 50(1) def. of worker substituted by Nos 2/2006 s. 15(c), 49/2010 s. 227(b). worker means a person who delivers, or assists in delivering, at a facility (whether as an employee or as a volunteer or in any other capacity)— (a) a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment residing at the facility or attending the facility to take part in the program; or (b) other services to residents at a residential facility— but does not include a person with a cognitive impairment who also resides at the facility or attends the facility to take part in the program. S. 50(2) amended by No. 23/2006 s. 236(2). (2) For the purposes of this Subdivision a person in respect of whom a statement has been issued by the Secretary to the Department of Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006 must be taken to be intellectually disabled. S. 51 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 items 8, 9), 48/1997 s. 60(1)(Sch. 1 items 28, 29), substituted by No. 2/2006 s. 16. 51 Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services (1) A person who provides medical or therapeutic services to a person with a cognitive impairment who is not his or her spouse or domestic partner must not take part in an act of sexual penetration with that person. Level 5 imprisonment (10 years maximum).
S. 52 (Heading) inserted by No. 2/2006 s. 17(1), amended by No. 49/2010 s. 228. S. 52 substituted by No. 8/1991 s. 3. 52 Sexual offences against persons with a cognitive impairment by workers S. 52(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 28), substituted by No. 2/2006 s. 17(2). (1) A worker at a facility must not take part in an act of sexual penetration 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 (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 (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
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to commit, or in any way be a party to the commission of, an indecent act with that person. Level 6 imprisonment (5 years maximum). S. 53(3) inserted by No. 1/2009 s. 3, substituted by No. 74/2014 s. 7(4). (3) In subsection (2), indecent act means— (a) a sexual assault in any of the circumstances referred to in section 40(1) or 41(1); or (b) an indecent act in any of the circumstances referred to in section 47, 49, 51(2) or 52(2). S. 54 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 13), 48/1997 s. 60(1)(Sch. 1 item 31). 54 Occupier etc. permitting unlawful sexual penetration The owner or occupier of, or a person managing or assisting in the management of, any premises must not induce or knowingly allow a child under the age of 17 to enter or remain on the premises for the purpose of taking part in an unlawful act of sexual penetration. Level 4 imprisonment (15 years maximum) if the child is under the age of 13; Level 5 imprisonment (10 years maximum) if the child is aged between 13 and 17. S. 55 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 10), 48/1997 s. 60(1)(Sch. 1 item 32). 55 Abduction or detention A person must not take away a person by force or detain a person against his or her will— (a) with the intention of getting married to, or taking part in an act of sexual penetration with, that person; or
S. 67A def. of child pornography amended by Nos 20/2004 s. 4, 6/2005 s. 12(1). child pornography means a film, photograph, publication or computer game that describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context; classified means classified under the Commonwealth Act; Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; computer game has the same meaning as in the Commonwealth Act; film has the same meaning as in the Commonwealth Act; S. 67A def. of law enforcement agency amended by Nos 52/2003 s. 52(Sch. 1 item 1), 37/2014 s. 10(Sch. item 36.5). law enforcement agency means— (a) Victoria Police or the police force or police service of any other State or of the Northern Territory of Australia; or (b) the Australian Federal Police; or (c) the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or (d) any other authority or person responsible for the enforcement of the laws of— (i) or any other State; or (ii) the Commonwealth; or (iii) the of ; minor means a person under the age of 18 years; photograph includes a photocopy or other reproduction of a photograph;
S. 70A(a) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(b)), substituted as s. 70A(d) by No. 48/1997 s. 60(1)(Sch. 1 item 48). (d) level 3 imprisonment (20 years maximum); or S. 70A(b) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(c)), as s. 70A(e) by No. 48/1997 s. 62(2). (e) imprisonment for such other term as is fixed by the court— as the court determines. (1698) 11 William III, c. VII ss 7, 8. S. 70B inserted by No. 9407 s. 2(b). 70B Piratical acts (1) A person commits a piratical act if— (a) being an Australian citizen, he commits any piracy or robbery or any act of hostility or robbery against other Australian citizens on the sea under colour of any commission from any foreign ruler or under pretence of authority from any person whatever; or
S. 80(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 31), 48/1997 s. 60(1)(Sch. 1 item 58(b)). (2) A person who without lawful excuse, by force or violence or threat of force or violence or by any trick of false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice of the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum). Heading preceding s. 80A inserted by No. 8425 s. 2(1)(b). Fraud and blackmail S. 80A inserted by No. 36/1988 s. 5. 80A Extra-territorial offences (1) If— (a) a person does, or omits to do, an act or thing referred to in sections 81–87 (both inclusive) outside, or partly outside, ; and (b) there is a real and substantial link within the meaning of subsection (2) between doing, or omitting to do, the act or thing and — those sections apply to the act or thing or the omission as if it had been done, or omitted to be done, wholly within . (2) For the purposes of subsection (1), there is a real and substantial link with — (a) if a significant part of the conduct relating to, or constituting the doing of the act or thing, or the omission, occurred in ; or
S. 87 substituted by No. 8425 s. 2(1)(b). 87 Blackmail (1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is proper means of reinforcing the demand. (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. S. 87(3) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 65). (3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). Heading preceding s. 88 inserted by No. 8425 s. 2(1)(b). Offences relating to goods stolen, &c. S. 88 substituted by No. 8425 s. 2(1)(b), amended by No. 70/1987 s. 5(a)(b). 88 Handling stolen goods S. 88(1) amended by No. 59/2004 s. 3. (1) A person handles stolen goods if knowing or believing them to be stolen goods he dishonestly receives the goods or brings them into , or dishonestly undertakes or assists in bringing them
Ss 96–174 repealed. * * * * * Heading preceding s. 175 amended by No. 8425 s. 2(1)(d). Secret commissions prohibition No. 6103 s. 175. 175 Definitions (1) For the purposes of this subdivision— advice given and words to the like effect include every report certificate statement and suggestion intended to influence the person to whom the same may be made or given and every influence exercised by one person over another; S. 175(1) def. of agent amended by Nos 74/2000 s. 3(Sch. 1 item 30.1), 18/2005 s. 18(Sch. 1 item 27.2). agent includes any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any corporation or other person whether as agent partner co-owner clerk servant employee banker broker auctioneer architect clerk of works engineer legal practitioner surveyor buyer salesman foreman trustee executor administrator liquidator trustee within the meaning of any Act relating to bankruptcy receiver director manager or other officer or member of committee or governing body of any corporation club partnership or association or in any other capacity either alone or jointly with any other person and whether in his own name or in the name of his principal or otherwise and a person serving under the Crown; contract includes contract of sale or of employment or any other contract whatever;
No. 6103 s. 177. 177 Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent S. 177(1) amended by No. 48/1997 s. 62(3). (1) Any valuable consideration given or offered to any parent husband wife or child of any agent or to his partner clerk or employee or at the agent's request to any person by any person having business relations with the principal of such agent shall be deemed to have been given or offered to the agent. S. 177(2) amended by No. 74/2000 s. 3(Sch. 1 item 30.2). (2) Any valuable consideration received or solicited by any parent husband wife or child of any agent or by his partner clerk or employee from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent knowledge or privity of the agent. No. 6103 s. 178. S. 178 amended by Nos 9554 s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988 s. 8(b)(i)–(iii), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68). 178 Giving or receiving false or misleading receipt or account an indictable offence If with intent to deceive or defraud the principal any person gives to any agent or any agent receives or uses or gives to the principal any receipt invoice account or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested and which— (a) contains any statement which he knows is false or erroneous or defective in any important particular or is in any way likely to mislead the principal; or
electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy; impairment, in relation to electronic communication to or from a computer, includes— (a) the prevention of any such communication; and (b) the impairment of any such communication on an electronic link or network used by the computer— but does not include a mere interception of any such communication; modification, in relation to data held in a computer, means— (a) the alteration or removal of the data; or (b) an addition to the data; serious computer offence means— (a) an offence against section 247B, 247C or 247D; or (b) conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against section 247B, 247C or 247D if the conduct occurred in Victoria; unauthorised computer function means any of the following— (a) any unauthorised access to data held in a computer; or (b) any unauthorised modification of data held in a computer; or
within his or her actual or apparent authority; or (b) an officer of the body corporate; board of directors means the body (by whatever name called) exercising the executive authority of the body corporate; corporate culture means an attitude, policy, rule, course of conduct or practice existing within the body corporate generally or in the part of the body corporate in which the relevant conduct is carried out or the relevant intention formed; S. 253 def. of legal proceeding amended by No. 69/2009 s. 39. legal proceeding has the same meaning as in the Evidence (Miscellaneous Provisions) Act 1958; officer, in relation to a body corporate, means an officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that he or she is acting within the actual or apparent scope of his or her employment or within his or her actual or apparent authority; relevant conduct means the destruction, concealment, or rendering illegible, undecipherable or incapable of identification, of a document or other thing of any kind; relevant intention means the intention of preventing a document or other thing of any kind from being used in evidence in a legal proceeding.
(b) conspiracy under any enactment other than section 321 or of conspiracy to cheat and defraud or of conspiracy to defraud. S. 321F inserted by No. 10079 s. 7(2). 321F Abolition of certain offences of conspiracy at common law (1) The offence of conspiracy at common law is hereby abolished. (2) Nothing in subsection (1) shall affect the offence of conspiracy at common law so far as it relates to conspiracy to cheat and defraud and conspiracy to defraud. (3) Any offence at common law of incitement to commit the offence of conspiracy or attempt to commit the offence of conspiracy (whether the offence of conspiracy incited or attempted would 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 (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—
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) Level 8 imprisonment (1 year maximum) Level 9 imprisonment (6 months maximum) Level 8 fine (120 penalty units maximum) Level 9 fine (60 penalty units maximum) Level 9 imprisonment (6 months maximum) Level 10 fine (10 penalty units maximum) Level 9 fine (60 penalty units maximum) Level 10 fine (10 penalty units maximum) Level 10 fine (10 penalty units maximum) Level 11 fine (5 penalty units maximum) Level 11 fine (5 penalty units maximum) Level 12 fine (1 penalty unit maximum) Level 12 fine (1 penalty unit maximum) Level 12 fine (1 penalty unit maximum)
(2) The preceding provisions of this Division do not apply to an attempt— S. 321R(2)(a) substituted by No. 63/2014 s. 7(6). (a) to be involved in the commission of an indictable offence; or (b) to commit the offence of conspiracy whether that offence is a statutory offence or an offence at common law. S. 321S inserted by No. 10233 s. 4. 321S Abolition of attempt at common law The offence of attempt at common law is abolished. Pt 1A (Heading and s. 322A) inserted by No. 7884 s. 2(2). S. 322A inserted by No. 7884 s. 2(2). 322A Maintenance and certain other offences abolished Any distinct offences under the common law of maintenance (including champerty but not embracery), or of being a common barrator, a common scold or a common night walker are hereby abolished. Pt 1B (Heading and ss inserted by No. 9576 s. 2. S. 322B inserted by No. 9576 s. 2. 322B Abolition of distinctions between felony and misdemeanour
Pt 3 Div. 1 Subdiv. (19) (Heading) amended by No. 65/1997 s. 82(2)(b). (19) Verdicts. Attempts, &c. S. 420 amended by Nos 6884 s. 2(2), 102/1986 s. 8(c)(d), repealed by No. 65/1997 s. 82(2)(c). * * * * * cf. [1792] 32 George III c. LX s. 1. S. 420A inserted by No. 9407 s. 2(e). 420A Where person charged with unlawful publication of defamatory matter On the trial of a person charged with the unlawful publication of defamatory matter— (a) the jury may give a general verdict of guilty or not guilty upon the whole matter in issue, in like manner as in other cases; and (b) the question whether any matter alleged to be defamatory is or is not capable of a defamatory meaning is a question of law. S. 421 substituted by No. 9576 s. 6. 421 Alternative verdicts on charge of murder S. 421(1) amended by No. 68/2009 s. 97(Sch. item 40.24). (1) On an indictment for murder a person found not guilty of murder may be found guilty of— (a) manslaughter; S. 421(1)(ab) inserted by No. 7/2008 s. 7(3)(c). (ab) child homicide; (b) any offence of which he may be found guilty under an enactment specifically so providing;
(c) an offence against section 325; or (d) an attempt to commit murder or an attempt to commit any offence of which he may by virtue of this subsection be found guilty— but may not be found guilty of any other offence. S. 421(2)(3) repealed by No. 7/2009 s. 422(2)(c) (as amended by No. 68/2009 s. 54(h)). * * * * * S. 421(4) amended by Nos 110/1986 s. 140(2), 19/1989 s. 16(Sch. item 16.8), repealed by No. 7/2009 s. 422(2)(c) (as amended by No. 68/2009 s. 54(h)). * * * * * S. 422 substituted by No. 9576 s. 6, repealed by No. 68/2009 s. 97(Sch. item 40.25), new s. 422 inserted by No. 6/2013 s. 5. 422 Alternative verdict on charge of causing serious injury in circumstances of gross violence (1) If on the trial of a person charged with an offence against section 15A the jury are not satisfied that the person is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 16, the jury may acquit the accused of the offence charged and find the person guilty of an offence against section 16 and the person charged is liable to punishment accordingly. (2) If on the trial of a person charged with an offence against section 15B the jury are not satisfied that the person is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 17, the jury may acquit the accused of the offence charged and find the person guilty
issued against him or a notice to appear has been served on him with respect to the offence alleged. S. 458(4) inserted by No. 68/2009 s. 97(Sch. item 40.32). (4) In subsection (3), notice to appear has the same meaning as in the Criminal Procedure Act 2009. S. 459 (Heading) inserted by No. 43/2011 s. 17(1), amended by No. 37/2014 s. 10(Sch. item 36.14). S. 459 substituted by No. 8247 s. 2, amended by No. 43/2011 s. 17(2)(3) (ILA s. 39B(1)). 459 Powers of police officer or protective services officer to apprehend offenders S. 459(1) amended by No. 37/2014 s. 10(Sch. item 36.15(a)). (1) In addition to exercising any of the powers conferred by section 458 or by or under any other Act a police officer, or a protective services officer on duty at a designated place, may at any time without warrant apprehend any person— S. 459(a) amended by No. 68/2009 s. 97(Sch. item 40.33). (a) he believes on reasonable grounds has committed an indictable offence in (including any indictable offence which may be heard and determined summarily); or S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33). (b) he believes on reasonable grounds has committed an offence elsewhere which if committed in would be an indictable offence against the law of (including any indictable offence which may be heard and determined summarily).
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 Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.
police gaol has the same meaning as in the Corrections Act 1986; S. 464(2) def. of prison amended by No. 56/1989 s. 286(Sch. 2 item 7.4), substituted by No. 48/2006 s. 42(Sch. item 9.2(c)). prison has the same meaning as in the Corrections Act 1986 but includes a youth justice centre established under section 478 of the Children, Youth and Families Act 2005; S. 464(2) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 15.1), repealed by No. 81/1997 s. 16(d). * * * * * S. 464(2) def. of related material and information inserted by No. 81/1997 s. 16(e), amended by No. 27/2006 ss 3(a), 17(1). related material and information— (a) in relation to any sample taken in a forensic procedure conducted in accordance with sections 464R to 464ZA or section 464ZF or 464ZFAAA, means notes and audiovisual recording made of the forensic procedure and any information which may identify the person contained in any record of or report relating to the forensic procedure and in any copy of a record or report; (b) in relation to any sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, means notes and audiovisual recording (if any) made of the procedure to take the sample and any information which may identify the person contained in any
record of or report relating to the taking of the sample and in any copy of a record or report; S. 464(2) def. of relevant suspect inserted by No. 84/1989 s. 4(b), substituted by No. 23/1991 s. 4(b), amended by Nos 81/1997 s. 16(f), 61/2001 s. 16(1)(a), 16/2002 s. 17(1), 35/2002 s. 28(Sch. item 3.1), 72/2004 s. 24, substituted by No. 72/2013 s. 3(a). relevant suspect means a person of or above the age of 18 years who— (a) is suspected of having committed or attempted to commit an indictable offence; or (b) has been charged with an indictable offence; S. 464(2) def. of responsible Minister inserted by No. 16/2002 s. 5. responsible Minister, in relation to a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law; S. 464(2) def. of responsible person inserted by No. 32/2007 s. 4(2). responsible person, in relation to a DNA database, means the person responsible for the care, control and management of the system; S. 464(2) def. of security patient inserted by No. 81/1997 s. 16(g), amended by No. 26/2014 s. 455(Sch. item 7.2(d)). security patient has the same meaning as in the Mental Health Act 2014;
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). amended by No. 37/2014 s. 10(Sch. item 36.18(b)). (3) The Minister administering the Victoria Police Act 2013 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 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 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 (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. 464B(10) def. of investigating official inserted by No. 72/2013 s. 4(2)(b). investigating official, in relation to an offence committed outside Victoria, includes a person (other than a person who is engaged in covert investigations under the orders of a superior) who is— (a) a member of— (i) the Australian Federal Police; or (ii) the police force of another State or a Territory; or (b) a person appointed by or under an Act of the Commonwealth or another State or a Territory whose functions or duties include functions or duties in respect of the prevention or investigation of offences; Note Part IC of the Crimes Act 1914 of the Commonwealth applies if the investigating official is a member of the Australian Federal Police. S. 464B(10) def. of offence inserted by No. 72/2013 s. 4(2)(b). offence includes an offence against a law of the Commonwealth or another State or a Territory. S. 464B(11) inserted by No. 72/2013 s. 4(3). (11) An investigating official may question a person (other than a child) who is held in a prison or police gaol and is reasonably suspected of having committed an offence (whether in Victoria or elsewhere) other than the offence for which he or she is being held about his or her involvement (if any) in that offence if— (a) the investigating official is satisfied that the person is not incapable of giving informed consent by reason of mental impairment; and
S. 464JB inserted by No. 87/2009 s. 4. 464JB Court may give directions in relation to a recording (1) In this section— recording has the same meaning as in section 464JA. (2) A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. S. 464JC inserted by No. 87/2009 s. 4. 464JC Retention of copy of recording (1) In this section— authorised person has the same meaning as in section 464JA; court means— (a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court; 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 Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item 36.20). (2) The Chief Commissioner of Police must keep a copy of a recording, if the recording has been made by a police officer in the course of an investigation, in safe custody.
S. 464NA(2) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(1). (2) If a person of or above the age of 15 years— (a) has been charged with an indictable offence or a summary offence referred to in Schedule 7; and (b) is present in a police station because of the charging or has been remanded in custody in relation to the charge— a police officer may take, or cause to be taken by an authorised person, a fingerscan of the person for the purpose only of identifying the person. S. 464NA(3) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(2). (3) A police officer intending to fingerscan a person under this section must inform the person, in language likely to be understood by the person, that the fingerscan— (a) is to be taken only for the purpose of identifying the person; and (b) is inadmissible as evidence. S. 464NA(4) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (4) A police officer may use reasonable force to take the fingerscan of a person referred to in subsection (2) who refuses to allow it to be taken voluntarily if— S. 464NA(4)(a) amended by Nos 37/2014 s. 10(Sch. item 36.25(b)(ii)), 20/2015 s. 49. (a) the use of reasonable force is authorised by a police officer in charge of a police station at the relevant time or a police officer of or above the rank of sergeant; and S. 464NA(4)(b) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (b) before fingerscanning the person, the police officer informs the person, in language likely to be understood by the person, that reasonable force may be used to obtain it. (5) A person of the same sex as the person to be fingerscanned must, if practicable, take the fingerscan.
S. 464O(4) amended by No. 37/2014 s. 10(Sch. item 36.26). (4) A police officer may, within the period referred to in subsection (3)(a) or (b) and on one occasion only, apply without notice to any other person to the Magistrates' Court or the Children's Court (as the case requires) for an order extending the period by not more than 6 months within which the fingerprints and any record, copy or photograph of them must be destroyed. (5) If a court makes an order under subsection (4), it must cause a copy of the order to be served on the person from whom the fingerprints were taken. (6) If fingerprints or any record, copy or photograph of them are destroyed in accordance with this section, the Chief Commissioner of Police must give notice within 14 days of the destruction to the person from whom the fingerprints were taken. S. 464O(7) amended by No. 69/1997 s. 22(14). (7) A person who— (a) fails to destroy; or (b) uses or makes, or causes or permits to be used or made— any record, copy or photograph of fingerprints required by this section to be destroyed is guilty of a summary offence punishable on conviction by a level 10 fine (10 penalty units maximum). S. 464P inserted by No. 38/1988 s. 4, amended by No. 25/1989 s. 11(f), substituted by No. 129/1993 s. 7. 464P Records of juvenile S. 464P(1A) inserted by No. 35/2002 s. 5, amended by No. 41/2004 s. 7. (1A) In this section, fingerprints includes fingerscan taken under section 464NA or any other provision of this Subdivision.
(d) an offence or attempt to commit an offence against section 75 or 75A; (e) an offence of arson against section 197. S. 464Q inserted by No. 38/1988 s. 4, amended by Nos 25/1989 ss 11(g)(h), 13(a)(b), 56/1989 s. 286(Sch. 2 item 7.14), 57/1989 s. 5(1)(g)(i)(ii), substituted by No. 129/1993 s. 7. 464Q Evidence of fingerprints (1) Evidence in respect of fingerprints taken from a person is inadmissible as part of the prosecution case in proceedings against that person for an offence if— (a) the requirements of sections 464K to 464N have not been complied with; or (b) the fingerprints or any record, copy or photograph of them should have been but have not been destroyed as required by section 464O or 464P. (2) A court may admit evidence in respect of fingerprints otherwise inadmissible by reason of subsection (1)(a) if— (a) the prosecution satisfies the court on the balance of probabilities that the circumstances are exceptional and justify the reception of the evidence; or (b) the accused consents to the reception of the evidence. (3) For the purposes of subsection (2)(a), the probative value of the fingerprints is not to be regarded as an exceptional circumstance.
S. 464R(2)(c) inserted by No. 41/2004 s. 10(b). (c) a senior police officer gives an authorisation under section 464SA. S. 464S inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 7(a)(b), substituted by No. 129/1993 s. 7. 464S Informed consent S. 464S(1) amended by No. 37/2014 s. 10(Sch. item 36.26). (1) A person gives informed consent to a request to undergo a forensic procedure if he or she consents to the request after a police officer informs the person in language likely to be understood by the person— (a) of the purpose for which the procedure is required; and (b) of the nature of the procedure sought to be conducted; and S. 464S(1)(c) amended by Nos 81/1997 s. 19(1), 13/2010 s. 51(Sch. item 17.4). (c) that the person may request that the procedure be conducted by or in the presence of a medical practitioner or nurse or midwife of his or her choice or, where the procedure is the taking of a dental impression, a dentist of his or her choice; and (d) of the offence which the person is suspected of having committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and (e) that the procedure could produce evidence to be used in a court; and S. 464S(1)(ea) inserted by No. 16/2002 s. 6. (ea) that information obtained from analysis of forensic material obtained by the procedure 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; and (f) that the person may refuse to undergo the procedure; and S. 464S(1)(g) amended by No. 41/2004 s. 11(a). (g) where the sample or examination sought may be obtained by a compulsory procedure and the person refuses to undergo the procedure, that an application may be made to the Magistrates' Court for an order authorising the conduct of the procedure; and S. 464S(1)(h) inserted by No. 41/2004 s. 11(b). (h) where the sample or examination sought may be obtained by a non-intimate compulsory procedure within the meaning of section 464SA and the person refuses to consent to the procedure, that a senior police officer may authorise the conduct of the procedure. S. 464S(2) amended by No. 37/2014 s. 10(Sch. item 36.26). (2) A police officer who informs a person of the matters in subsection (1)— S. 464S(2)(a) amended by No. 27/2006 s. 17(18)(a). (a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— S. 464S(2)(b)(i) amended by No. 27/2006 s. 17(18)(b). (i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a
(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 S. 464T(3) (c)(iii) inserted by No. 81/1997 s. 17(3). (iii) the victim of the offence has not been found, and there are reasonable grounds to believe that material reasonably believed to be from the body of the victim is present on a person suspected of having committed the offence; or S. 464T(3) (c)(iv) inserted by No. 81/1997 s. 17(3). (iv) the offence in respect of which the application is made is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I and there are reasonable grounds to believe that the conduct of the procedure on the person may be relevant in determining the paternity of a child that has been conceived allegedly as a result of the offence; and (d) in the case of an application to take a sample or washing from the skin to determine the presence of gunshot residue, a firearm was discharged during the commission of the offence; and
(d) it is appropriate for the person to take the scraping. S. 464Z(3AB) inserted by No. 41/2004 s. 13(1), amended by No. 27/2006 s. 17(22). (3AB) An election made by a person under subsection (3AA) must be recorded by audio recording or audiovisual recording or in writing signed by the person. S. 464Z(3A) inserted by No. 16/2002 s. 7(4), amended by Nos 37/2014 s. 10(Sch. item 36.32(c)(i)), 59/2015 s. 27(2). (3A) Nothing in subsection (3) prevents a person from whom a scraping from the mouth is to be taken from taking the scraping himself or herself under the supervision of a police officer or police custody officer authorised in accordance with subsection (1A) if— S. 464Z(3A)(a) amended by Nos 37/2014 s. 10(Sch. item 36.32(c)(ii)), 59/2015 s. 27(2). (a) the police officer or police custody officer 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 Nos 41/2004 s. 13(2)(a), 37/2014 s. 10(Sch. item 36.32(d)), 59/2015 s. 27(3). (3B) The police officer referred to in subsection (3AA), or the police officer or police custody officer referred to in subsection (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—
(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 Nos 16/2002 s. 7(5)(a), 37/2014 s. 10(Sch. item 36.32(d)), 59/2015 s. 27(4). (ab) in the presence of a police officer or police custody officer 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 (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 Nos 81/1997 s. 21(c), 37/2014 s. 10(Sch. item 36.32(d)), 59/2015 s. 27(4). (i) a police officer or police custody officer required by paragraph (ab) to be present; and (ii) a person required by section 464ZA to be present; and S. 464Z(6) (c)(iii) amended by No. 16/2002 s. 7(5)(b). (iii) a person referred to in subsection (5); and
(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 (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; S. 464ZF(1) def. of forensic sample offence amended by No. 72/2013 s. 9(1). forensic sample offence means any indictable offence or any offence specified in Schedule 8. S. 464ZF(2) amended by Nos 14/2006 s. 13(1)(a), 37/2014 s. 10(Sch. item 36.34). (2) If at any time on or after the commencement of section 25 of the Crimes (Amendment) Act 1997 a court finds a person guilty of— S. 464ZF(2)(a) amended by No. 72/2013 s. 9(2). (a) a forensic sample offence (within the meaning of that term as then in force); or
(f) if that application is granted, to detain the person for as long as reasonably permits the conduct of the forensic procedure. S. 464ZFA(1A) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(3), 20/2011 s. 5(1), 37/2014 s. 10(Sch. item 36.36(a)). (1A) If a court makes an order under section 464ZF(2) or 464ZFAAA(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as the case may be, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (1B). S. 464ZFA(1B) inserted by No. 16/2002 s. 12(1), amended by No. 27/2006 s. 10(4). (1B) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that the person has not complied with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— (a) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (b) to arrest the person; and (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— S. 464ZFA (2)(a) amended by No. 37/2014 s. 10(Sch. item 36.36 (b)(i)). (a) a named police officer; or
S. 464ZFC (Heading) inserted by No. 27/2006 s. 12(1). S. 464ZFC inserted by No. 81/1997 s. 26. 464ZFC Destruction of information following finding of guilt etc. (1) Subject to section 464ZFD(2), if— S. 464ZFC (1)(aa) inserted by No. 72/2013 s. 12(a). (aa) a finding of guilt, a conviction or a verdict of not guilty because of mental impairment referred to in section 464ZFB(1AA) is set aside on appeal; or S. 464ZFC (1)(a) amended by Nos 27/2006 s. 12(2), 37/2014 s. 10(Sch. item 36.37). (a) a police officer does not make an application under section 464ZFB(1) or (1A) within the period specified by that subsection; or S. 464ZFC (1)(b) amended by No. 72/2013 s. 12(b). (b) a court refuses to make an order under section 464ZFB(1) or (1A)— the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information. (2) If a sample or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the procedure was conducted so requests, within 14 days after receiving the request, notify in writing that person of whether the destruction has occurred. (3) A person who knowingly— (a) fails to destroy; or
S. 464ZG inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZG Destruction of identifying information (1) In this section, relevant offence means— S. 464ZG(1)(a) amended by No. 72/2013 s. 13. (a) the indictable offence in respect of which the forensic procedure was conducted; or S. 464ZG(1)(b) amended by No. 72/2013 s. 13. (b) any other indictable offence arising out of the same circumstances; or S. 464ZG(1)(c) amended by No. 72/2013 s. 13. (c) any other indictable offence in respect of which the evidence obtained as a result of the forensic procedure has probative value. 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— the Chief Commissioner of Police, subject to subsection (5), must destroy, or cause to be destroyed, at the time specified in subsection (4)
request, notify in writing that person of whether the destruction has occurred. S. 464ZG(8) amended by Nos 69/1997 s. 22(15), 81/1997 s. 27(5)(a)(c). (8) A person who knowingly— (a) fails to destroy; or S. 464ZG(8)(b) amended by No. 81/1997 s. 27(5)(b). (b) uses, or causes or permits to be used— a sample or related material and information required by this section to be destroyed is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZG(9) amended by Nos 69/1997 s. 22(15), 81/1997 s. 27(6)(a)–(c). (9) A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from, any sample or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence or for the purposes of section 464ZFD(2) is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGA inserted by No. 81/1997 s. 28. 464ZGA Forensic information from juveniles (1) Subject to section 464ZFD(2), if— (a) a person undergoes a forensic procedure as a child in accordance with this Subdivision, whether before or after the commencement of section 28 of the Crimes (Amendment) Act 1997; and (b) any sample taken is not required to be destroyed under this Subdivision, other than under this subsection; and
S. 464ZGFA inserted by No. 72/2013 s. 15. 464ZGFA Voluntary samples given by police or VIFM personnel (1) In this section— Institute means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 1985; relevant agency means— (a) Victoria Police; or (b) the Institute. (2) Any of the following persons may volunteer to give to a relevant agency a sample of material from which a DNA profile may be derived— S. 464ZGFA (2)(a) substituted by No. 37/2014 s. 10(Sch. item 36.38(a)). (a) a member of Victoria Police personnel; (b) the Director of the Institute or an employee of the Institute (whether employed under the Victorian Institute of Forensic Medicine Act 1985 or the Public Administration Act 2004); (c) a visitor to— (i) any premises at which the Victoria Police Forensic Services Department performs functions; or (ii) any premises at which the Institute performs any of its functions. (3) A sample may only be given under this section if the relevant agency has provided to the person volunteering to give the sample— (a) a written statement that the sample is to be provided for the purpose of comparing a DNA profile obtained from the sample
(b) who intends or is reckless as to the supply of material of that kind— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (3) A person— (a) whose conduct causes the supply of forensic material (other than excluded forensic material) to a person for analysis for the purpose of deriving a DNA profile for inclusion on a DNA database; and (b) who intends or is reckless as to the supply of material of that kind— 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 (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). (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);
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 (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).
responsible person to retain the information; S. 464ZGJ(1) def. of responsible person repealed by No. 32/2007 s. 9(6). * * * * * S. 464ZGJ(2) amended by No. 32/2007 s. 9(1)(7). (2) A person who intentionally or recklessly causes any identifying information to be recorded or retained in a DNA database at any time after this Subdivision requires the forensic material to be destroyed 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. 464ZGJ(3) amended by No. 32/2007 s. 9(1)(8)-(10). (3) A responsible person who does not ensure that any identifying information on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the DNA database is removed from the database as soon as practicable after the end of the identifying period for the information 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. 464ZGJ(4) amended by Nos 32/2007 s. 9(1)(9)(11), 68/2009 s. 97(Sch. item 40.40). (4) A responsible person who does not ensure that any identifying information relating to an offender on the serious offenders index of the DNA database is removed from the database as soon as practicable after becoming aware that the offender has been pardoned or acquitted of the offence concerned or if the conviction has been set aside is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(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 (2)(g)(i) substituted by No. 60/2014 s. 140(Sch. 3 item 8.2). (i) the Commissioner for Privacy and Data Protection appointed under the Privacy and Data Protection Act 2014; 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 Nos 34/2008 s. 143(Sch. 2 item 3.2), 82/2012 s. 159(3). (iv) the IBAC within the meaning of the Independent Broad-based Commission Act 2011; 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.
(6) A person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person. (7) If— (a) the computer or data storage device that is the subject of the order is seized under the warrant; and (b) the order was granted on the basis of an application made before the seizure— the order does not have effect on or after the completion of the execution of the warrant. Note An application for another order under this section relating to the computer or data storage device may be made after the completion of the execution of the warrant. (8) If the computer or data storage device is not on warrant premises, the order must— (a) specify the period within which the person must provide the information or assistance; and (b) specify the place at which the person must provide the information or assistance; and (c) specify the conditions (if any) to which the requirement to provide the information or assistance is subject. (9) A person commits an offence if— (a) the person has relevant knowledge of— (i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or
institution which is not a prison established under the Corrections Act 1986, shall be deemed to be serving that sentence of imprisonment by way of detention in such centre or institution. Ss 477–479 repealed. * * * * * cf. [1742–3] 16 George II, c. XXXI ss 3, 4. [1751–2] 25 George II, c. XXXVII s. 9. S. 479A inserted by No. 9407 s. 2(g), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 100). 479A Rescuing of prisoner from lawful custody Any person who, by force, rescues or attempts to rescue from lawful custody any prisoner shall be guilty of an indictable offence and shall be liable to level 5 imprisonment (10 years maximum). S. 479B inserted by No. 9407 s. 2(g), amended by Nos 117/1986 s. 6(Sch. 1 item 1(8)(c)), 129/1993 s. 9(1), 48/1997 s. 60(1)(Sch. 1 item 101). 479B Aiding a prisoner in escaping Any person who— S. 479B(a) substituted by No. 117/1986 s. 6(Sch. 1 item 1(8)(b)), amended by No. 25/1989 s. 20(k), repealed by No. 63/2014 s. 7(7). * * * * *
(3) Subject to subsections (1) and (2), this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done before as well as to acts done after the commencement of that 1984 Act. (4) The re-enactment by this section of sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation of any Act enacted after that 1984 Act. S. 585AE inserted by No. 70/2013 s. 5(Sch. 3 item 1). 585AE Transitional provisions—(Crimes (Custody and Investigation) Act 1988) (1) This Act as amended by sections 4 and 5 of the Crimes (Custody and Investigation) Act 1988 applies to— (a) persons taken into custody; or (b) persons questioned; or (c) persons in respect of whom an application is made under section 464B(1) to a court— in a proclaimed region after the commencement of the Crimes (Custody and Investigation) Act 1988. Note The whole of Victoria was proclaimed to be a proclaimed region on the same day that the Crimes (Custody and Investigation) Act 1988 commenced. (2) The re-enactment by this section of section 6(2) of the Crimes (Custody and Investigation) Act 1988 does not affect the operation of any Act enacted after that 1988 Act. S. 585AF inserted by No. 70/2013 s. 5(Sch. 3 item 1). 585AF Transitional provisions—(Crimes (Fingerprinting) Act 1988) (1) This Act as amended by a section of the Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the Crimes Legislation (Miscellaneous
S. 613 inserted by No. 69/2009 s. 51. 613 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 (1) This Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to any proceeding commenced on or after the day that Act commences. (2) In the case of any proceeding that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 commenced, this Act, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, applies to that part of the proceeding that takes place on or after that day, other than a hearing in the proceeding to which subsection (3) applies. (3) This Act as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 continues to apply to any hearing in a proceeding that commenced before the day that Act commenced and that— (a) continues on or after that day; or (b) was adjourned until that day or a day after that day. S. 614 inserted by No. 87/2009 s. 5 (as amended by No. 30/2010 s. 84(1)). 614 Transitional provision—Justice Legislation Miscellaneous Amendments Act 2009 Section 464H as amended by section 3 of the Justice Legislation Miscellaneous Amendments Act 2009 applies to an audio recording or an audiovisual recording made on or after the commencement of section 3 of that Act. S. 615 inserted by No. 93/2009 s. 46. 615 Transitional provision—Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009
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 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: 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 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
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 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
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 44–46 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Legislation Amendment Act 2010, No. 7/2010 Assent Date: 16.3.10 Commencement Date: S. 3 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 17) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010 Assent Date: 24.8.10 Commencement Date: Ss 227, 228 on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 4) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 4) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 3–6 on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 3) on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: S. 32 on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013 Assent Date: 26.2.13 Commencement Date: Ss 3–7 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Integrity in Sports) Act 2013, No. 20/2013 Assent Date: 23.4.13 Commencement Date: 24.4.13: s. 2 : All of Act in operation Succession to the Crown (Request) Act 2013, No. 60/2013 Assent Date: 22.10.13 Commencement Date: S. 6(Sch. 2 item 1) on 26.3.15: s. 2(3) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 5(Sch. 3 item 1) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013 Assent Date: 3.12.13 Commencement Date: Ss 3−18 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013 Assent Date: 17.12.13 Commencement Date: Ss 15, 16 on 18.12.13: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Grooming) Act 2014, No. 7/2014 Assent Date: 25.2.14 Commencement Date: Ss 3, 4 on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958