(8EA) Loitering by sexual offender 84 60B Loitering near schools etc. 84 (8F) Jury warnings 87 61 Jury warnings 87 (8G) Abrogation of obsolete rules of law 90 62 Abrogation of obsolete rules of law 90 (9) Child stealing 90 63 Child stealing 90 (9A) Kidnapping 91 63A Kidnapping 91 (10) Bigamy 92 64 Bigamy 92 (11) Attempts to procure abortion 92 65 Abortion performed by unqualified person 92 66 Abortion—Abolition of common law offences 94 (12) Concealing the birth of a child 94 67 Concealing birth of a child 94 (13) Child pornography 95 67A Definitions 95 68 Production of child pornography 96 69 Procurement etc. of minor for child pornography 97 70 Possession of child pornography 98 70AA Forfeiture 100 (14) Sexual performances involving a minor 102 70AB Definitions 102 70AC Sexual performance involving a minor 102 Division 1A—Piracy 103 70A Piracy with violence 103 70B Piratical acts 104 70C Trading etc. with pirates 105 70D Being found on board piratical vessel and unable to prove noncomplicity 106
S. 9AA inserted by No. 65/1991 s. 3. 9AA Abolition of year-and-a-day rule s. 9 (1) The rule of law known as the year-and-a-day rule (under which an act or omission that in fact causes death is not regarded as the cause of death if the death occurs more than a year and a day after the act or omission) is abolished. (2) This section does not apply to acts or omissions alleged to have occurred— (a) before the commencement of the Crimes (Year and a Day Rule) Act 1991; or (b) between two dates, one before and one after that commencement. Pt 1 Div. 1 Subdiv. (1AA) (Heading and ss 9AB–9AJ) inserted by No. 77/2005 s. 6. (1AA) Exceptions to homicide offences S. 9AB inserted by No. 77/2005 s. 6. 9AB Definitions and application of Subdivision s. 9AB (1) In this Subdivision— intoxication means intoxication because of the influence of alcohol, a drug or any other substance; relevant offence means murder, manslaughter or defensive homicide. (2) Without taking away from the law relating to any other offences and except as otherwise expressly provided by this Subdivision, this Subdivision applies only to relevant offences. S. 9AC inserted by No. 77/2005 s. 6. 9AC Murder—"self-defence" A person is not guilty of murder if he or she carries out the conduct that would otherwise constitute murder while believing the conduct to
Pt 1 Div. 1 Subdiv. (3) repealed. * * * * * No. 6103 s. 15. Pt 1 Div. 1 Subdiv. (4) (Heading and s. 15) amended by No. 9576 s. 11(1), substituted as Pt 1 Div. 1 Subdiv. (4) (Heading and ss 15–31) by No. 10233 s. 8(2). (4) Offences against the person S. 15 substituted by No. 10233 s. 8(2). 15 Definitions s. 15 In this subdivision— S. 15 def. of abortion inserted by No. 58/2008 s. 10(1). abortion has the meaning given in the Abortion Law Reform Act 2008; S. 15 def. of child inserted by No. 46/1996 s. 3. child means any person under the age of 18 years; S. 15 def. of female genital mutilation inserted by No. 46/1996 s. 3. female genital mutilation means all or any of the following— (a) infibulation; (b) the excision or mutilation of the whole or a part of the clitoris; (c) the excision or mutilation of the whole or a part of the labia minora or labia majora;
S. 15 def. of registered medical practitioner inserted by No. 46/1996 s. 3, substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)), 13/2010 s. 51(Sch. item 17.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 15 def. of registered nurse inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); s. 15 S. 15 def. of registered pharmacist inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); S. 15 def. of serious injury substituted by Nos 58/2008 s. 10(2), 6/2013 s. 3(b). serious injury means— (a) an injury (including the cumulative effect of more than one injury) that—
requirements of section 10 of that Act do not apply and the court has full sentencing discretion. S. 15C inserted by No. 6/2013 s. 4. 15C Other offenders need not be prosecuted A person may be found guilty of an offence against section 15A or 15B whether or not any other person is prosecuted for or found guilty of the offence. S. 16 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 10). 16 Causing serious injury intentionally s. 15C A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence. Level 3 imprisonment (20 years maximum). 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). intentionally—
Note to s. 21A inserted by No. 68/2008 s. 69(2), substituted by No. 53/2010 s. 221(Sch. item 4). Note The Personal Safety Intervention Orders Act 2010 provides that the Court within the meaning of that Act may make a personal safety intervention order in respect of stalking. S. 22 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 14). 22 Conduct endangering life s. 22 A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 16). 23 Conduct endangering persons A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 24 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 16), 7/2008 s. 4. 24 Negligently causing serious injury A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum).
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. s. 27 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
S. 68(2) inserted by No. 69/2001 s. 20(1). (2) Nothing in subsection (1) makes it an offence for— (a) any member or officer of a law enforcement agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting a member or officer— to print or otherwise make or produce child pornography in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law. S. 69 (Heading) inserted by No. 20/2004 s. 5(2). New s. 69 inserted by No. 90/1995 s. 88, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 46), 6/2005 s. 12(3) (ILA s. 39B(1)). 69 Procurement etc. of minor for child pornography s. 69 (1) A person who— (a) invites a minor to be in any way concerned in the making or production of child pornography; or S. 69(1)(b) amended by No. 20/2004 s. 5(1). (b) procures a minor for the purpose of making or producing child pornography; or S. 69(1)(c) inserted by No. 20/2004 s. 5(1). (c) causes a minor to be in any way concerned in the making or production of child pornography; or
any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular— he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document. S. 83A inserted by No. 36/1988 s. 7. 83A Falsification of documents s. 83A S. 83A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (1) A person must not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Level 5 imprisonment (10 years maximum). S. 83A(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (2) A person must not use a document which is, and which he or she knows to be, false, with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Level 5 imprisonment (10 years maximum).
S. 92(1A) inserted by No. 25/2009 s. 3(1). (1A) A warrant issued under subsection (1) must be addressed to a constable unless the warrant is issued under the authority of an enactment that expressly provides otherwise. (2) An officer of police not below the rank of inspector may give a constable written authority to search any premises for stolen goods— (a) if the person in occupation of the premises has been convicted within the preceding five years of handling stolen goods or of any offence involving dishonesty and punishable with imprisonment; or s. 92 (b) if a person who has been convicted within the preceding five years of handling stolen goods has within the preceding twelve months been in occupation of the premises. S. 92(3) substituted by No. 25/2009 s. 3(2). (3) If under this section a person is authorised to search premises or a particular vehicle located in a public place for stolen goods, he or she may enter and search the premises or the vehicle accordingly, and may seize any goods the person believes to be stolen goods. (4) This section is to be construed in accordance with section 90 and in subsection (2) the references to handling stolen goods shall include any corresponding offence committed before the commencement of the Crimes (Theft) Act 1973. S. 92(5) inserted by No. 25/2009 s. 3(3). (5) In this section— public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; vehicle includes motor vehicle, aircraft and vessel.
S. 192E inserted by No. 22/2009 s. 3. 192E Not an offence to attempt to commit an identity crime offence It is not an offence to attempt to commit an offence against section 192B, 192C or 192D. Pt 1 Div. 2A (Heading and ss 193–195A) inserted by No. 104/2003 s. 3. Division 2A—Money laundering etc. New s. 193 inserted by No. 104/2003 s. 3. 193 Definitions s. 192E (1) In this Division— deal with includes receive, possess, conceal or dispose of; instrument of crime means property that is used in the commission of, or used to facilitate the commission of— (a) an offence referred to in Schedule 1 to the Confiscation Act 1997; or (b) an offence against a law of the Commonwealth that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence); or (c) an offence against a law of another State, a Territory or a country outside Australia that would have constituted an offence referred to in paragraph (a) if it had been committed in Victoria; proceeds of crime means property that is derived or realised, directly or indirectly, by any person from the commission of— (a) an offence referred to in Schedule 1 to the Confiscation Act 1997; or
(3) For the purposes of this subdivision property which is subject to a trust shall be treated as belonging to the trustee or trustees and the person or persons who have a right to enforce the trust. (4) For the purposes of this subdivision property of a corporation sole shall be treated as belonging to the corporation notwithstanding a vacancy in the corporation. S. 197 repealed by No. 9228 s. 2(1)(c), new s. 197 inserted by No. 9228 s. 2(1)(d). 197 Destroying or damaging property s. 197 S. 197(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(a)), 48/1997 s. 60(1)(Sch. 1 item 70(a)). (1) A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 197(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(b)), 48/1997 s. 60(1)(Sch. 1 item 70(b)). (2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 197(3) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 70(c)). (3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
S. 198 repealed by No. 9228 s. 2(1)(c), new s. 198 inserted by No. 9228 s. 2(1)(d), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 51), 48/1997 s. 60(1)(Sch. 1 item 71). 198 Threats to destroy or damage property s. 198 A person who without lawful excuse makes to another a threat— (a) to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or (b) to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person— shall, if he made the threat with the purpose of causing the other to fear that it would be carried out, be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 199 repealed by No. 9228 s. 2(1)(c), new s. 199 inserted by No. 9228 s. 2(1)(d), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 72). 199 Possessing anything with intent to destroy or damage property A person who has anything in his custody or under his control— (a) with the purpose of using it, or causing or permitting another to use it, without lawful excuse— (i) to destroy or damage any property belonging to some other person or to himself, the user or both of them and some other person; or (ii) to destroy or damage any property in a way which he knows or believes is more likely than not to endanger the life of some other person; or
Pt 1 Div. 3 Subdiv. (14) (Heading and ss 237, 238) amended by Nos 8181 s. 2(1) (Sch. item 33), 8870 s. 2(1)(2), repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (15) (Heading and ss 239–243) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 244. S. 244 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 244 Altering signals or exhibiting false ones s. 244 Whosoever unlawfully masks alters or removes any light or signal or exhibits any false light or signal with intent to bring any ship vessel or boat into danger, or unlawfully and maliciously does anything tending to the immediate loss or destruction of any ship vessel or boat and for which no punishment is hereinbefore provided, shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum). No. 6103 s. 245. S. 245 amended by Nos 8181 s. 2(1) (Sch. item 36), 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 78). 245 Removing buoy etc. Whosoever unlawfully and maliciously cuts away casts adrift removes alters defaces sinks or destroys or in any other manner injures or conceals, or unlawfully and maliciously does any act with intent to cut away cast adrift remove alter deface sink destroy, or in any other manner injure or conceal, any boat buoy rope perch or mark used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
S. 246C inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 81). 246C Endangering safety of aircraft s. 246C Any person who while on board an aircraft does any act or thing that is likely to endanger the safety of the aircraft shall be guilty of an indictable offence and shall be liable to level 5 imprisonment (10 years maximum). S. 246D inserted by No. 7088 s. 2(d). 246D Dangerous goods on aircraft S. 246D(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 82). (1) Subject to this section any person who— (a) carries or places dangerous goods on board an aircraft; (b) delivers dangerous goods to a person for the purpose of their being placed on board an aircraft; or (c) has dangerous goods in his possession on board an aircraft— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum). (2) This section does not apply— (a) to or in relation to any act done with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or (b) to or in relation to the carrying or placing of firearms or ammunition for firearms on board an aircraft with permission granted under the Air Navigation Regulations of the Commonwealth.
Pt 1 Div. 3 Subdiv. (5) (Heading) inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)). (5) False statements S. 247 repealed by No. 9228 s. 2(1)(c), new s. 247 inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 56), 48/1997 s. 60(1)(Sch. 1 item 83). 247 False statements s. 247 Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to— (a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway; (b) destroy, damage or endanger the safety thereof; or (c) kill or injure all or any of the persons therein or thereon— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
unauthorised if the person is not entitled to cause the impairment. S. 247I inserted by No. 10/2003 s. 5. 247I Extra-territorial operation of offences s. 247I (1) It is immaterial that some or all of the conduct constituting an offence against this Subdivision occurred outside , so long as the computer or device used to store data by electronic means affected by the conduct was in at the time at which the conduct occurred. (2) It is immaterial that the computer or device used to store data by electronic means affected by some or all of the conduct constituting an offence against this Subdivision was outside at the time the conduct occurred, so long as that conduct occurred in . Pt 1 Div. 3 Subdiv. (7) (Heading and ss 247J–247L) inserted by No. 10/2003 s. 6. (7) Sabotage S. 247J inserted by No. 10/2003 s. 6. 247J Interpretation (1) In this Subdivision— property offence means— (a) an offence against Subdivision (1) of this Division or Division 4; or (b) conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against Subdivision (1) of this Division or Division 4 if the conduct occurred in ; public facility means any of the following (whether publicly or privately owned)—
S. 251 (Heading) inserted by No. 66/2005 s. 5(1). New s. 251 inserted by No. 65/1998 s. 5. 251 Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss s. 251 (1) A person must not make a statement that the person believes to be false— (a) with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and S. 251(1)(b) amended by No. 66/2005 s. 5(2)(a). (b) with the intention of thereby causing, or being reckless as to whether or not the statement would cause— S. 251(1)(b)(i) amended by No. 66/2005 s. 5(2)(b). (i) public alarm or anxiety; or S. 251(1)(b)(ii) amended by No. 66/2005 s. 5(2)(b)(c). (ii) economic loss through public awareness of the statement. Level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both. (2) For the purposes of this section, making a statement includes conveying information by any means. Note to s. 251 inserted by No. 80/2001 s. 7(3). Note Division 2B of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.
41, 41E, 41F(1)(a), 41G, 41H, 41HA and 41I of the Domestic Animals Act 1994; dangerous dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994; menacing dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994; owner, in relation to a dangerous dog, menacing dog or restricted breed dog, has the same meaning as in section 3(1) of the Domestic Animals Act 1994 and includes a person who is deemed to be an owner of the dog under section 4 of that Act; restricted breed dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994 and includes a dog that is taken under section 3(3) of that Act to be a restricted breed dog. S. 319B inserted by No. 55/2011 s. 3. 319B Failure to control dangerous, menacing or restricted breed dog that kills person s. 319B (1) If— (a) an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and (b) the dog kills another person (the victim); and (c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death— the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
Bribery of public official Level 5 imprisonment (10 years maximum) Common assault Level 6 imprisonment (5 years maximum) Conspiracy to cheat and defraud Level 4 imprisonment (15 years maximum) Conspiracy to defraud Level 4 imprisonment (15 years maximum) Criminal defamation Level 5 imprisonment (10 years maximum) Embracery Level 4 imprisonment (15 years maximum) False imprisonment Level 5 imprisonment (10 years maximum) Kidnapping Level 2 imprisonment (25 years maximum) Misconduct in public office Level 5 imprisonment (10 years maximum) Perverting the course of justice Level 2 imprisonment (25 years maximum) Public nuisance Level 6 imprisonment (5 years maximum) Riot Level 5 imprisonment (10 years maximum) Rout Level 6 imprisonment (5 years maximum) Unlawful assembly Level 6 imprisonment (5 years maximum) Wilful exposure Level 6 imprisonment (5 years maximum). s. 320
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. 321I(1)(d)(ii) amended by No. 49/1991 s. 119(1) (Sch. 2 item 63(a)(iii)). (ii) imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences as the case requires— whichever is the greater. (2) Where a person is convicted under section 321G of incitement to commit an offence or offences against a law in force only in a place outside — S. 321I(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(i)), 48/1997 s. 60(1)(Sch. 1 item 93). (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
(2) The preceding provisions of this Division do not apply to an attempt— (a) to aid, abet, counsel or procure 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 s. 321S 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 s. 322A 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 s. 322B
offence to which this Part applies means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in , would attract criminal liability under the law of ); owner, of an object, includes a person entitled to possession of the object; police force means the police force of ; premises means a building, structure or any place whatsoever (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle; reciprocating State means another State, or a Territory, of the Commonwealth— (a) in which a corresponding law is in force; and (b) in relation to which arrangements are in force under section 344; s. 340 search warrant means a warrant under this Part authorising a search of premises. (2) For the purposes of this Part— (a) anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed; or (b) anything that may afford evidence of the commission of an offence; or (c) anything intended to be used for the purpose of committing an offence— is an object relevant to the investigation of the offence.
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;
body but does not include the taking of a fingerprint; S. 464(2) def. of held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; s. 464 S. 464(2) def. of intimate sample inserted by No. 129/1993 s. 6(c). intimate sample means— (a) a blood sample; (b) a sample of pubic hair, including the root if required;
S. 464(2) def. of non-intimate sample inserted by No. 129/1993 s. 6(e). non-intimate sample means— (a) a sample of hair, other than pubic hair, including the root if required; (b) a sample of matter taken from under a fingernail or toenail; (c) a swab, washing or sample taken from any external part of the body other than the genital or anal region of a male or female or the breast of a female; S. 464(2) def. of nurse inserted by No. 81/1997 s. 16(c), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(c)), substituted by No. 13/2010 s. 51(Sch. item 17.3(c)). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); s. 464 S. 464(2) def. of participating jurisdiction inserted by No. 16/2002 s. 5. participating jurisdiction means the Commonwealth, another State or a Territory in which there is a corresponding law in force; S. 464(2) def. of physical examination inserted by No. 129/1993 s. 6(e). physical examination means an examination of the external part of a person's body requiring touching of the person or removal of the person's clothing; police gaol has the same meaning as in the Corrections Act 1986;
S. 464(2) def. of 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— s. 464 (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. 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 against the person at common law or an indictable offence under Division 1 of Part I or under section 75, 75A, 76, 77, 197 (in circumstances where the offence is charged as arson), 197A, 249, 250, 251, 317, 317A or 318 or under section 71, 71AA, 72 or 72A of the Drugs, Poisons and Controlled Substances Act 1981 or under section 71, 72(1)(ab) or 72(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001; or s. 464 (b) has been charged with an indictable offence against the person at common law or an indictable offence under Division 1 of Part I or under section 75, 75A, 76, 77, 197 (in circumstances where the offence is charged as arson), 197A, 249, 250, 251, 317, 317A or 318 or under section 71, 71AA, 72 or 72A of the Drugs, Poisons and Controlled Substances Act 1981 or under section 71, 72(1)(ab) or 72(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001;
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. 464J inserted by No. 37/1988 s. 5, amended by No. 84/1989 s. 6. 464J Right to remain silent etc. not affected s. 464J Nothing in this subdivision affects— (a) the right of a person suspected of having committed an offence to refuse to answer questions or to participate in investigations except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or S. 464J(ba) inserted by No. 69/2009 s. 50. (ba) the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. S. 464JA inserted by No. 87/2009 s. 4. 464JA Offences in relation to recordings (1) In this section— S. 464JA def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1). authorised person means— (a) a member of police personnel within the meaning of the Police Regulation Act 1958 (other than a protective services officer appointed under Part VIA of that Act); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;
(c) the Director of Public Prosecutions for or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994; (e) a person employed in the Office of Public Prosecutions under the Public Prosecutions Act 1994; (f) a legal practitioner representing— (i) the State; or (ii) an informant; s. 464JA (g) a legal practitioner representing— (i) a suspect recorded under section 464B(5H), 464G or 464H; or (ii) a co-accused of the suspect; (h) an officer or employee of Victoria Legal Aid employed under the Legal Aid Act 1978; (i) a court or a person acting under the direction of a court; (j) a coroner within the meaning of the Coroners Act 2008 or a person acting under the direction of a coroner; (k) the Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005 or a person acting under his or her direction;
(2) Subject to section 464JA, a recording may be played to a prescribed person for the purposes of training or teaching that person or testing the recording equipment if— (a) the suspect has been convicted or found guilty of the charge to which the recording relates; and (b) all legal proceedings in relation to the subject matter in the recording have been concluded; and (c) all reasonable measures have been taken to prevent the identification of the suspect or any other person (including an alleged victim) from the recording when it is played. Heading inserted by No. 16/2002 s. 4(a). Fingerprinting S. 464K inserted by No. 38/1988 s. 4, amended by Nos 25/1989 s. 11(c), 57/1989 s. 5(1)(c), substituted by No. 129/1993 s. 7. 464K Fingerprinting of adults and children aged 15 or above s. 464K (1) A member of the police force may take, or cause to be taken by an authorised person, the fingerprints of a person of or above the age of 15 years who— (a) is believed on reasonable grounds to have committed; or (b) has been charged with; or (c) has been summonsed to answer to a charge for— an indictable offence or a summary offence referred to in Schedule 7. (2) A member of the police force intending to fingerprint a person under this section must inform the person in language likely to be understood by him or her—
(9) If the Children's Court makes an order under subsection (7), it must— (a) give reasons for its decision; and (b) state the evidence on which it is satisfied of the matters referred to in subsection (7); and (c) cause a note of the reasons to be entered in the records of the court; and (d) inform the child ordered to undergo a compulsory procedure that a member of the police force may use reasonable force to enable the procedure to be conducted. (10) A failure of the court to comply with subsection (9) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a). s. 464U (11) Except on an application made in accordance with section 464V or 464W, the Children's Court must not make an order under subsection (7) unless the child is present. (12) A child in respect of whom an application is made— (a) is not a party to the application; and (b) may not call or cross-examine any witnesses; and (c) may not address the court, other than in respect of any matter referred to in subsection (7)(a) to (g) or subsection (8). S. 464U(13) amended by No. 35/1996 s. 453(Sch. 1 item 16.17). (13) In exercising the right of address under subsection (12)(c), a child may be represented by a legal practitioner or, with the leave of the court, a parent or guardian of the child.
(14) The provisions of section 464T(9) and (10) apply as if— (a) a reference to an application to the Magistrates' Court under subsection (1) of that section were a reference to an application to the Children's Court under subsection (3) of this section; and (b) a reference to the person were a reference to the child; and (c) a reference to the Magistrates' Court were a reference to the Children's Court. S. 464V inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(i)(j), 8(a)(i)–(iv), 23/1991 s. 7(1)(2), substituted by No. 129/1993 s. 7. 464V Interim orders s. 464V (1) This section does not apply to an application in respect of a blood sample. (2) A member of the police force may apply, with or without notice to any other person, for an interim order directing a person to undergo a compulsory procedure if the member believes on reasonable grounds that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application. (3) Section 464T(1), (2), (5), (6), (7) and (8) or section 464U(3), (4), (9), (10), (12) and (13) as the case requires apply to applications for interim orders. (4) If a member of the police force believes on reasonable grounds that— (a) it is necessary to obtain an interim order; and
(a) the member considers it appropriate for the person to do so; and S. 464Z(3A)(b) amended by No. 27/2006 s. 17(23). (b) the person consents to taking the scraping and the consent is recorded by audio recording or audiovisual recording or in writing signed by the person. S. 464Z(3B) inserted by No. 16/2002 s. 7(4), amended by No. 41/2004 s. 13(2)(a). (3B) The member of the police force referred to in subsection (3AA) or (3A) must give or send by registered post to the person from whom a scraping is taken or his or her legal practitioner, without charge— S. 464Z(3B)(a) amended by Nos 41/2004 s. 13(2)(b)(i)(ii), 27/2006 s. 17(24). (a) if the election or consent is recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the election is made or the consent is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and S. 464Z(3B)(b) amended by No. 41/2004 s. 13(2)(c). (b) if the election or consent is recorded in writing, a copy of the record forthwith. s. 464Z S. 464Z(4) amended by Nos 81/1997 s. 19(3), 41/2004 s. 13(3), 13/2010 s. 51(Sch. item 17.6(c)). (4) A person from whom an intimate sample is to be taken (except a scraping from a person's mouth to be taken by that person) or who is to undergo a physical examination of an intimate part of the body may request that a medical practitioner or nurse or midwife or, if a dental impression is to be taken, a dentist of his or her choice take the sample or conduct the examination or be present during the forensic procedure.
S. 464ZF(2) amended by No. 14/2006 s. 13(1)(a). (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— (a) a forensic sample offence; or (b) an offence of conspiracy to commit, incitement to commit or attempting to commit a forensic sample offence— a member of the police force, at any time following that finding but not later than 6 months after the final determination of an appeal against conviction or sentence or the expiration of any appeal period (whichever is the later), may apply to the court for an order directing the person to undergo a forensic procedure for the taking of a sample from any part of the body and the court may make an order accordingly. S. 464ZF(2AA) inserted by No. 35/2002 s. 28(Sch. item 3.3), amended by No. 14/2006 s. 13(1)(b). (2AA) If the finding of guilt referred to in subsection (2)— (a) occurs between 1 January 2002 and the commencement of item 3.4 in the Schedule to the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002; and s. 464ZF (b) is in respect of an offence referred to in item 29, 30 or 31 of Schedule 8— an application under subsection (2) may be made not later than 12 months after the final determination of an appeal against conviction or sentence or the expiration of any appeal period (whichever is the later). S. 464ZF(2A) inserted by No. 16/2002 s. 10. (2A) An order under subsection (2) in respect of a person who is not a detained or protected person must include a direction that the person attend— (a) at a place; and
(a) that appeal period expires; or S. 464ZF(6)(b) amended by No. 14/2006 s. 13(1)(c)(ii). (b) an appeal against conviction (if any) is finally determined and the conviction for the forensic sample offence is upheld— whichever is the later. S. 464ZF(6A) inserted by No. 14/2006 s. 13(2). (6A) If leave to appeal against a conviction for a forensic sample offence is sought after the expiry of the appeal period in relation to the conviction, an order made by a court under subsection (2) before leave to appeal is sought, if not executed before that leave is sought, must not be executed unless— s. 464ZF (a) leave to appeal against the conviction is refused; or (b) leave to appeal against the conviction is granted and the appeal is finally determined and the conviction for the forensic sample offence is upheld. S. 464ZF(6B) inserted by No. 14/2006 s. 13(2). (6B) If an order made by a court under subsection (2) has been executed after the expiration of the appeal period in relation to the conviction for the forensic sample offence and leave to appeal against the conviction is granted after the expiry of that period— (a) any sample and any related material and information taken may be retained by a member of the police force pending the final determination of the appeal against conviction; and S. 464ZF (6B)(b) amended by No. 68/2009 s. 97(Sch. item 40.36). (b) if, on appeal, the conviction for the forensic sample offence is set aside, the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information.
(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— (a) endorse the warrant to that effect; and (b) cause to be lodged with a registrar of the Magistrates' Court a report signed by the member and containing particulars of— (i) the date and time at which the person was arrested; (ii) the date and time at which the person was released from custody; (iii) the date, time and place at which the forensic procedure was conducted; (iv) the name and position of the person who conducted the forensic procedure and every other person present; (v) the type of sample taken; (vi) whether reasonable force was used to enable the forensic procedure to be conducted. S. 464ZFB (Heading) inserted by No. 27/2006 s. 11(1). S. 464ZFB inserted by No. 81/1997 s. 26. 464ZFB Retention of information following finding of guilt etc. s. 464ZFB S. 464ZFB(1) amended by Nos 16/2002 s. 13(1)(a)(b), 14/2006 s. 14(a). (1) If at any time on or after the commencement of section 26 of the Crimes (Amendment) Act S. 464ZFB (1)(a) amended by No. 41/2004 s. 17. (a) a forensic procedure is conducted on a person in accordance with section 464R, 464SA, 464T(3), 464U(7) or 464V(5); and
(g) an investigation of a complaint by— (i) the Privacy Commissioner appointed under the Information Privacy Act 2000; or (ii) the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or S. 464ZGH(2) (g)(iii) substituted by No. 32/2007 s. 7(3). (iii) the Ombudsman appointed under the Ombudsman Act 1973; or S. 464ZGH(2) (g)(iv) inserted by No. 32/2007 s. 7(3), amended by Nos 34/2008 s. 143(Sch. 2 item 3.1), 82/2012 s. 159(2). (iv) the IBAC within the meaning of the Independent Broad-based Commission Act 2011. (3) This section does not apply to information that cannot be used to discover the identity of any person. S. 464ZGI inserted by No. 16/2002 s. 16. 464ZGI Permissible matching of DNA profiles S. 464ZGI(1) substituted by No. 32/2007 s. 8(1). s. 464ZGI (1) A matching of a DNA profile on an index of the Victorian DNA database specified in column 1 of the following Table with a DNA profile on another index of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if— (a) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1; and
(b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed. s. 464ZGI S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes (2) A person— S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2). (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and
S. 464ZGM inserted by No. 16/2002 s. 16. 464ZGM Carrying out of registered orders (1) A person is authorised to carry out the forensic procedure authorised by an order that is registered in accordance with an arrangement referred to in section 464ZGL(1) anywhere in . The person is authorised to carry out the procedure in accordance with sections 464Y, 464Z and 464ZA and not otherwise. (2) A member of the police force, or other person assisting a member in accordance with this Subdivision or a corresponding law of a participating jurisdiction, is not compelled by this Subdivision, or an arrangement referred to in section 464ZGL(1), to execute an order registered under such an arrangement. S. 464ZGN inserted by No. 16/2002 s. 16, substituted by No. 32/2007 s. 11. 464ZGN Arrangements for transmission of information on DNA database s. 464ZGM (1) The Minister may enter into an arrangement with the responsible Minister for a participating jurisdiction, under which— (a) information from the Victorian DNA database is to be transmitted to the responsible person for the DNA database of the participating jurisdiction for the purposes of— (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or (ii) the identification of missing or deceased persons; and (b) information from the DNA database of the participating jurisdiction is to be transmitted to the Chief Commissioner of Police for the purposes of—
Pt 3 Div. 2 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(l)(i). * * * * * Ss 480–484 repealed. * * * * * Pt 3 Div. 2 Subdiv. (3) (Heading) amended by No. 8679 s. 3(1)(c). (3) Execution of sentences Ss 485–492 repealed. * * * * * No. 6103 s. 493. S. 493 amended by Nos 8338 s. 7(b), 8426 s. 9(2)(a)(b) (as amended by No. 8701 s. 7(f)), 8870 s. 7(b), 8998 s. 4, 9554 s. 2(1)(Sch. 1 item 9), 9945 s. 3(3)(Sch. 2 item 12), 10087 s. 3(1)(Sch. 1 item 28), 16/1987 s. 4(3)(Sch. 1 item 8(c)), 48/2006 s. 42(Sch. item 9.5). 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons s. 493 Every sentence of imprisonment which is passed for any indictable offence every sentence of attendance at an attendance centre, every award of imprisonment or attendance at an attendance centre, and every direction for detention in a youth justice centre within the meaning of the Children, Youth and Families Act 2005 for any offence punishable on summary conviction, shall be carried out in the manner for the time being provided by any Acts in force relating to prisons or penal establishments in that behalf according to the tenor of every such sentence. S. 494 repealed by No. 9554 s. 2(1)(Sch. 1 item 7). * * * * *
S. 505 repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * Pt 3 Div. 3 (Heading and s. 505A) inserted by No. 10026 s. 7. Division 3—Regulations S. 505A inserted by No. 10026 s. 7. 505A Regulations s. 505A The Governor in Council may make regulations for or with respect to any matter or thing which by this Part is authorized or required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Part. ________________ No. 6103 s. 506. S. 506 amended by No. 6651 s. 57(b). 506 Definitions s. 506 S. 506(1) amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)). (1) In this Part unless inconsistent with the context or subject-matter— Board means the Parole Board under this Part; S. 506(1) def. of child inserted by No. 9966 s. 21(1)(a), amended by Nos 56/1989 s. 286(Sch. 2 item 7.16), 48/2006 s. 42(Sch. item 9.6). child has the same meaning that it has in the Children, Youth and Families Act 2005;
S. 506(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 48). (2) If under the Public Administration Act 2004 the name of the Department of Justice is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. Division 1—Probation (1) Probation officers No. 6103 s. 507. 507 Probation officers s. 507 S. 507(1) amended by Nos 6651 s. 57(c), 9427 s. 3(Sch. 2 item 6), 9966 s. 21(2)(a), 10260 s. 114(Sch. 4 item 5), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 48). (1) Subject to the Public Administration Act 2004 there may from time to time be appointed such stipendiary probation officers as the Governor in Council thinks necessary for the purposes of Part 5 of the Penalties and Sentences Act 1985. S. 507(2) amended by No. 10260 s. 114(Sch. 4 item 5). (2) The Governor in Council may from time to time appoint fit persons to be honorary probation officers for the purposes of Part 5 of the Penalties
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: 7.5.63 Commencement Date: 7.5.63 : All of Act in operation Crimes (Aircraft) Act 1963, No. 7088/1963 (as amended by No. 7142/1964) Assent Date: 10.12.63 Commencement Date: 10.12.63 : All of Act in operation Crimes (Amendment) Act 1964, No. 7184/1964 Assent Date: 2.12.64 Commencement Date: 15.2.65: Government Gazette 10.2.65 p. 279 : All of Act in operation Crimes (Illegal Use of Motor Cars) Act 1965, No. 7263/1965 Assent Date: 18.5.65 Commencement Date: 18.5.65 : All of Act in operation Crimes (Parole) Act 1965, No. 7269/1965 Assent Date: 25.5.65 Commencement Date: 25.5.65 : All of Act in operation Endnotes Motor Car (Driving Offences) Act 1965, No. 7327/1965 Assent Date: 7.12.65 Commencement Date: 1.2.66: Government Gazette 19.1.66 p. 209 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 : All of Act in operation Crimes (Dangerous Driving) Act 1966, No. 7407/1966 Assent Date: 17.5.66 Commencement Date: 1.7.66: Government Gazette 22.6.66 p. 2205 : All of Act in operation Crimes Act 1967, No. 7546/1967 Assent Date: 17.3.67 Commencement Date: 17.3.67 : All of Act in operation Crimes (Amendment) Act 1967, No. 7577/1967
Assent Date: 8.11.67 Commencement Date: 8.11.67 : All of Act in operation Crimes (Driving Offences) Act 1967, No. 7645/1967 (as amended by No. 7696/1968) 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: 16.6.76 Commencement Date: Ss 1–3, 5, 7, 8 on 1.3.77: Government Gazette 26.1.77 p. 177; s. 4 on 1.7.76: s. 4(5); s. 6 on 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Rape Offences (Proceedings) Act 1976, No. 8950/1976 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)