464Z Procedure for taking samples etc. 405 464ZA Execution of authorisation or order 410 464ZB Analysis of samples 413 464ZC Analysis of material found at scene of offence etc. 413 464ZD Forensic reports to be made available 415 464ZE Evidence relating to forensic procedures 415 464ZF Forensic procedure following the commission of forensic sample offence 418 464ZFAAA Forensic procedure following finding of not guilty because of mental impairment 424 464ZFAA Notice to attend for forensic procedure 428 464ZFA Warrants issued for forensic procedures under section 464ZF or 464ZFAAA 431 464ZFB Retention of information following finding of guilt etc. 435 464ZFC Destruction of information following finding of guilt etc. 439 464ZFD Victorian DNA database 441 464ZFE Report to Attorney-General 441 464ZG Destruction of identifying information 442 464ZGA Forensic information from juveniles 445 464ZGB Samples given voluntarily 446 464ZGC Withdrawal of consent prior to giving sample 449 464ZGD Procedure to take sample 449 464ZGE Safeguards after giving sample 450 464ZGF Application to court where consent to retention of sample withdrawn 453 464ZGFA Voluntary samples given by police or VIFM personnel 455 464ZGFB Destruction of samples given by police and VIFM personnel and storage of DNA information 457 DNA database systems 460 464ZGG Supply of forensic material for purposes of DNA database 460 464ZGH Use of information on Victorian DNA database 461 464ZGI Permissible matching of DNA profiles 463 464ZGJ Recording, retention and removal of identifying information on DNA database 465 464ZGK Disclosure of Victorian information 467 Inter-jurisdictional enforcement 470 464ZGL Registration of orders 470 464ZGM Carrying out of registered orders 470 464ZGN Arrangements for transmission of information on DNA database 471
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.
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); 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;
(b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 21A inserted by No. 95/1994 s. 3. 21A Stalking S. 21A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 14). (1) A person must not stalk another person. Level 5 imprisonment (10 years maximum). S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3). (2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following— (a) following the victim or any other person; S. 21A(2)(b) substituted by No. 105/2003 s. 3(1). (b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever; S. 21A(2)(ba) inserted by No. 105/2003 s. 3(1). (ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material— (i) relating to the victim or any other person; or (ii) purporting to relate to, or to originate from, the victim or any other person; S. 21A(2)(bb) inserted by No. 105/2003 s. 3(1). (bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;
S. 21A(2)(bc) inserted by No. 105/2003 s. 3(1). (bc) tracing the victim's or any other person's use of the Internet or of e-mail or other electronic communications; (c) entering or loitering outside or near the victim's or any other person's place of residence or of business or any other place frequented by the victim or the other person; (d) interfering with property in the victim's or any other person's possession (whether or not the offender has an interest in the property); S. 21A(2)(da) inserted by No. 20/2011 s. 3(1). (da) making threats to the victim; S. 21A(2)(db) inserted by No. 20/2011 s. 3(1). (db) using abusive or offensive words to or in the presence of the victim; S. 21A(2)(dc) inserted by No. 20/2011 s. 3(1). (dc) performing abusive or offensive acts in the presence of the victim; S. 21A(2)(dd) inserted by No. 20/2011 s. 3(1). (dd) directing abusive or offensive acts towards the victim; (e) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person; (f) keeping the victim or any other person under surveillance; S. 21A(2)(g) substituted by No. 20/2011 s. 3(2). (g) acting in any other way that could reasonably be expected— (i) to cause physical or mental harm to the victim, including self-harm; or
S. 21A(8) inserted by No. 20/2011 s. 3(5). (8) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. 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 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. 45(2)(a) amended by No. 7/2010 s. 3(1). (a) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, under the age of 12, to level 2 imprisonment (25 years maximum); or S. 45(2)(b) amended by No. 7/2010 s. 3(2). (b) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, aged between 12 and 16 and under the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or S. 45(2)(c) substituted by No. 7/2010 s. 3(3). (c) in any other case of sexual penetration of a child between the ages of 12 and 16, to level 5 imprisonment (10 years maximum). S. 45(2A) inserted by No. 52/2014 s. 14. (2A) The baseline sentence for an offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). * * * * * S. 45(4) amended by No. 7/2010 s. 3(5). (4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 12 or older and— S. 45(4)(a) amended by No. 2/2006 s. 9(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or
(2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 47(3) inserted by No. 2/2006 s. 10(2). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. 47A Persistent sexual abuse of child under the age of 16 S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2), 74/2014 s. 5(3). (1) A person who persistently sexually abuses a child under the age of 16 is guilty of an indictable offence. (2) To prove an offence under subsection (1) it is necessary to prove— S. 47A(2)(a) amended by No. 81/1997 s. 5(1)(b)(2). (a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of
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. 53(2) inserted by No. 1/2009 s. 3. (2) A person must not— (a) administer a drug, matter or thing to a person; or (b) cause a drug, matter or thing to be taken by a person— 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. (3) In subsection (2), indecent act means an indecent assault in any of the circumstances referred to in section 39(2) or 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. 57 substituted by No. 8/1991 s. 3. 57 Procuring sexual penetration by threats or fraud S. 57(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 34(a)). (1) A person must not by threats or intimidation procure a person to take part in an act of sexual penetration. Level 5 imprisonment (10 years maximum). S. 57(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 34(b)). (2) A person must not by any fraudulent means procure a person to take part in an act of sexual penetration. Level 6 imprisonment (5 years maximum). S. 58 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 35), substituted by No. 2/2006 s. 18. 58 Procuring sexual penetration of a child (1) A person aged 18 years or more must not solicit or procure a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with him or her or another person. Level 5 imprisonment (10 years maximum). (2) A person aged 18 years or more must not solicit or procure another person to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with a child under the age of 16 years. Level 5 imprisonment (10 years maximum).
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; publication has the same meaning as in the Commonwealth Act. New s. 68 inserted by No. 90/1995 s. 88, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 45(a)(b)), 69/2001 s. 20(1) (ILA s. 39B(1)). 68 Production of child pornography (1) A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum). S. 68(1A) inserted by No. 6/2005 s. 12(2), amended by No. 6/2005 s. 13(1). (1A) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of— (a) a film; or (b) a photograph contained in a publication; or
S. 70(3) amended by No. 20/2004 s. 6(2). (3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years. S. 70(4) substituted by No. 69/2001 s. 20(2). (4) Nothing in this section 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 such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession 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. 70(5) inserted by No. 77/2013 s. 16. (5) Nothing in this section makes it an offence for any of the following to have child pornography in his or her possession— (a) any of the following persons— (i) the Director of Public Prosecutions; (ii) the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
(d) offer a minor to be in any way concerned in a sexual performance— in circumstances where there is payment or reward to the minor or to any other person in respect of the performance. Level 5 imprisonment (10 years maximum). Pt 1 Div. 1 Subdiv. (14) (Heading and s. 70) repealed by No. 9509 s. 6. * * * * * Pt 1 Div. 1A (Heading and ss 70A–70D) inserted by No. 9407 s. 2(b). Division 1A—Piracy (1837) 7 William IV and 1 Vict. c. LXXXVIII s. 2. S. 70A inserted by No. 9407 s. 2(b), amended by Nos 37/1986 s. 10, 49/1991 s. 119(1) (Sch. 2 item 36(a)). 70A Piracy with violence Any person who with intent to commit or at the time of or immediately before or immediately after committing the offence of piracy in respect of any vessel— (a) assaults with intent to murder any person on board or belonging to the vessel; or (b) wounds any such person; or (c) unlawfully does any act by which the life of any such person may be endangered— shall be liable to—
S. 73(15) inserted by No. 20/2015 s. 22. (15) In this section— motor vehicle includes vessel, whether or not the vessel is powered by a motor; vessel has the same meaning as in the Marine Safety Act 2010. Heading preceding s. 74 inserted by No. 8425 s. 2(1)(b). Theft, robbery, burglary, &c. S. 74 amended by No. 8280 s. 8, substituted by No. 8425 s. 2(1)(b), amended by Nos 9576 s. 11(1), 36/1988 s. 4(a). 74 Theft S. 74(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 52). (1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 74(2) inserted by No. 36/1988 s. 4(b). (2) Section 80A applies as if the reference in that section to sections 81–87 (both inclusive) were a reference to this section.
(b) includes an act or thing done or omitted to be done with the intention of causing— (i) a computer system; or (ii) a machine that is designed to operate by means of payment or identification— to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make. S. 82 amended by No. 7876 s. 2(3), substituted by Nos 8280 s. 10, 8425 s. 2(1)(b). 82 Obtaining financial advantage by deception S. 82(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 59). (1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (2) For purposes of this section deception has the same meaning as in section 81.
S. 91(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 34), 48/1997 s. 60(1)(Sch. 1 item 67(b)). (2) A person guilty of an offence under this section shall be liable to level 7 imprisonment (2 years maximum). (3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use. S. 91(4) substituted by No. 10249 s. 13. (4) On the conviction of a person for an offence under this section, the court may order the article to be forfeited to the Crown and disposed of in the manner set out in the order. S. 92 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b), amended by No. 64/1990 s. 20(Sch. item 3(a)(b)). 92 Search for stolen goods S. 92(1) substituted by No. 25/2009 s. 3(1). (1) If a magistrate is satisfied by evidence on oath or by affidavit that there is reasonable cause to believe that any person has— (a) in the custody or possession of the person; or (b) on any premises (including any vehicle on or in those premises) of the person; or (c) on or in a particular vehicle located in a public place— any stolen goods, the magistrate may grant a warrant to search for and seize those goods.
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
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 (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; property includes money and all other property real or personal including things in action and other intangible property.
Pt 1 Div. 3 (Heading) repealed by No. 9228 s. 2(1)(c), new Pt 1 Div. 3 (Heading) inserted by No. 9228 s. 2(1)(d). Division 3—Criminal damage to property Pt 1 Div. 3 Subdiv. (1) (Heading) repealed by No. 9228 s. 2(1)(c), new Pt 1 Div 3 Subdiv. (1) (Heading) inserted by No. 9228 s. 2(1)(d). (1) General offences and procedural provisions S. 196 repealed by No. 9228 s. 2(1)(c), new s. 196 inserted by No. 9228 s. 2(1)(d). 196 Definition (1) In this subdivision— property means property of a tangible nature, whether real or personal, including money and including wild creatures which have been tamed or are ordinarily kept in captivity and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession. (2) For the purposes of this subdivision property shall be treated as belonging to any person— (a) having the custody or control of it; (b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
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 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 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. 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 (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.
S. 316(4) amended by No. 57/1989 s. 3(Sch. item 42.15). (4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime. Division 8—Offences connected with explosive substances No. 6103 s. 317. 317 Offences connected with explosive substances (1) In this Division unless inconsistent with the context or subject-matter— S. 317(1) def. of explosive substance amended by No. 25/2009 s. 4(1)(a). explosive substance includes— (a) any material for making any explosive substance; (b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and (c) any part of any such apparatus machine or implement; S. 317(1) def. of public place inserted by No. 25/2009 s. 4(1)(b). public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; S. 317(1) def. of vehicle inserted by No. 25/2009 s. 4(1)(b). vehicle includes motor vehicle, aircraft and vessel.
(b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or (c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. S. 318(2A) inserted by No. 59/2004 s. 5. (2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. S. 318(3) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.13). (3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment. S. 318(4) amended by No. 9576 s. 11(1). (4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section.
New s. 339 inserted by No. 9073 s. 2(b). 339 Conspiracy and incitement (1) A married person shall be criminally responsible for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) amended by No. 9576 s. 11(1). (3) Nothing in subsection (2) shall affect the liability of a married person as a principal offender in any offence except conspiracy or incitement. Ss 340–350 repealed by No. 8338 s. 5. * * * * * _______________ Pt 2A (Heading and ss 340–345) inserted by No. 70/1987 s. 4. New s. 340 inserted by No. 70/1987 s. 4. 340 Definitions (1) In this Part— S. 340(1) def. of appropriate authority amended by No. 37/2014 s. 10(Sch. item 36.10(a)). appropriate authority means— (a) in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force or police service of that State or Territory functions
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; 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. (3) The Governor in Council may, by proclamation published in the Government Gazette, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law. New s. 341 inserted by No. 70/1987 s. 4. 341 Issue of search warrant S. 341(1) amended by No. 37/2014 s. 10(Sch. item 36.11). (1) If, upon the application of a police officer, a magistrate is satisfied that there are reasonable grounds to believe— (a) that an offence to which this Part applies has been, or is intended to be, committed; and
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(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;
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. 464B(1)(b) amended by Nos 86/2000 s. 4(1)(c), 72/2013 s. 4(1). (b) reasonably suspected of having committed an offence (being, in the case of an application in respect of a child, an indictable offence), whether in Victoria or elsewhere, other than the offence for which he or she is being held— be delivered into the custody of the investigating official for the purpose of questioning or investigation in respect of the first-mentioned offence. (2) An application under subsection (1) must— (a) be in writing; and (b) state the grounds on which the application is made; and S. 464B(2)(c) amended by No. 86/2000 s. 4(2)(a). (c) be served on the person who is the subject of the application by delivering a true copy of the application— (i) to the person personally; or S. 464B(2) (c)(ii) substituted by No. 86/2000 s. 4(2)(b). (ii) to the person in charge of the place where the person is being held or detained. S. 464B(3) amended by Nos 56/1989 s. 286(Sch. 2 item 7.6), 86/2000 s. 4(3). (3) At any time after the filing of an application under subsection (1), the Magistrates' Court or Children's Court (as the case may be) may order that the person who is the subject of the application be brought before the court for the hearing of the application under subsection (1). (4) While an order made under subsection (3) is being carried out, the person is to be taken to be in the legal custody of the person acting under the order. S. 464B(4A) inserted by No. 86/2000 s. 4(4). (4A) The Magistrates' Court or the Children's Court (as the case may be) must not hear or determine an application under subsection (1) unless the
confirmed by the person questioned and the confirmation was recorded by audio recording or audiovisual recording; or S. 464H(1)(f) inserted by No. 86/2000 s. 6(1)(b), amended by No. 27/2006 s. 17(6)(b). (f) if the confession or admission was made during questioning in accordance with an order made under section 464B(5), the questioning and anything said by the person was recorded by audiovisual recording— and, if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence. (2) A court may admit evidence of a confession or admission otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances— (a) are exceptional; and (b) justify the reception of the evidence. S. 464H(3) amended by No. 86/2000 s. 6(2)(a). (3) If the questioning or confession or admission, or the confirmation of a confession or admission, of a person is recorded as required under this section or the giving of information is recorded as required under section 464B(5H) or 464G, the investigating official must give to the person or his or her legal practitioner without charge— S. 464H(3)(a) amended by Nos 86/2000 s. 6(2)(b), 27/2006 s. 17(7)(a), substituted by No. 87/2009 s. 3(2). (a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and
(b) a previous application for an authorisation under this section in respect of that person has been considered in relation to the same matter and on the same grounds but has not been given. (4) An authorisation given in contravention of subsection (3) is void. (5) Nothing in subsection (3) prevents a later application for an order under this Subdivision or an authorisation under this section on different or further grounds. S. 464SA(6) amended by No. 37/2014 s. 10(Sch. item 36.26). (6) An authorisation under this section may only be given to a police officer. S. 464SB inserted by No. 41/2004 s. 12. 464SB Making or refusing authorisation (1) Before a senior police officer gives or refuses to give an authorisation under section 464SA, the senior police officer must allow the suspect or the suspect's legal practitioner, if any, a reasonable opportunity, if practicable in person, to inform the senior police officer whether there is any reason why the non-intimate compulsory procedure should not be conducted. (2) An authorisation under section 464SA must be made in writing signed by the senior police officer giving it and include— (a) the date and time when the authorisation is given; and (b) the grounds for giving the authorisation; and (c) the type of sample or examination authorised. S. 464SB(3) amended by No. 37/2014 s. 10(Sch. item 36.26). (3) The senior police officer must give, or cause another police officer to give, to the suspect a copy of the authorisation as soon as practicable
completed or on the expiration of a reasonable time (whichever is the earlier). S. 464Y inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 8(c), substituted by No. 129/1993 s. 7. 464Y Caution before forensic procedure S. 464Y(1) amended by Nos 23/1994 s. 118(Sch. 1 item 15.7), 81/1997 s. 20(a)(b), 27/2006 s. 5, 13/2010 s. 51(Sch. item 17.5), 37/2014 s. 10(Sch. item 36.31). (1) Immediately before a forensic procedure is conducted in accordance with sections 464R to 464ZA or section 464ZF or 464ZFAAA (as the case may be), a police officer must inform the person on whom the procedure is to be conducted that he or she does not have to answer any questions asked by the registered medical practitioner, nurse, midwife or other person conducting the procedure but that anything the person does say may be given in evidence. S. 464Y(2) amended by No. 37/2014 s. 10(Sch. item 36.31). (2) A police officer who informs a person of the matters in subsection (1)— S. 464Y(2)(a) amended by No. 27/2006 s. 17(21)(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 or, if the person refuses to sign, by an independent person, if present; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— S. 464Y(2)(b)(i) amended by No. 27/2006 s. 17(21)(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
offence and on behalf of the person suspected of having committed the offence. S. 464ZD inserted by No. 84/1989 s. 5, amended by No. 84/1989 ss 7(l)(m), 8(d), substituted by No. 129/1993 s. 7, amended by Nos 80/1998 s. 3(a)(i)–(iii), 41/2004 s. 15, 27/2006 s. 7. 464ZD Forensic reports to be made available If a forensic procedure has been conducted on a person in accordance with section 464R, 464SA, 464T(3), 464U(7), 464V(5), 464ZF(2) or (3) or 464ZFAAA(2) or sections 464ZGB to 464ZGD or otherwise in accordance with this Subdivision, a copy of every forensic report must be given or sent by registered post as soon as practicable to that person (or, in the case of a forensic procedure conducted in accordance with section 464ZF or 464ZFAAA on a person who is a child within the meaning of that section, to that child and a parent or guardian of that child) or his or her legal practitioner. S. 464ZE inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZE Evidence relating to forensic procedures S. 464ZE(1) amended by Nos 81/1997 s. 24(1)(a), 16/2002 s. 9. (1) Subject to subsection (4) and section 464ZGO, evidence obtained as a result of a forensic procedure conducted on a person, or from a sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, is inadmissible as part of the prosecution case in proceedings against that person for any offence if— S. 464ZE(1)(a) amended by No. 81/1997 s. 24(1)(b). (a) the requirements of sections 464R to 464ZA, sections 464ZF to 464ZFB, sections 464ZGB to 464ZGD or section 464ZGF (as the case may be) have not been complied with; or
(3) A copy of the order under section 464ZF(2) must be attached to and served with the notice. (4) A notice may be served on a person by— (a) delivering a true copy of the notice to the person personally; or (b) leaving a true copy of the notice for the person at the person's last or most usual place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years of age; or (c) posting the notice to the person at their last known place of residence or business. (5) If a notice is served by post in accordance with subsection (4)(c), evidence of service must state the manner of ascertainment of the address to which the notice was posted and the time and place of posting. S. 464ZFAA(6) amended by No. 37/2014 s. 10(Sch. item 36.35(c)). (6) If a person does not comply with a notice served under this section, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (7). (7) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that— (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—
the court 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 bring the person before the court for the hearing of the application; and (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. 464ZGB (3)(b) substituted by No. 16/2002 s. 15. (b) that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; S. 464ZGB (3)(ba) inserted by No. 16/2002 s. 15. (ba) that the person may choose whether the information obtained from analysis of the sample may be used— (i) only for a limited purpose to be specified by the volunteer; or (ii) for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; S. 464ZGB (3)(bb) inserted by No. 16/2002 s. 15. (bb) that information obtained from the analysis could produce evidence to be used in a court; (c) that the person is under no obligation to give a sample; (d) that if the person consents to give a sample, he or she may at any time before the sample is taken, withdraw that consent; S. 464ZGB (3)(e) amended by No. 72/2013 s. 14. (e) that the person may consult a legal practitioner (whether the term legal practitioner or lawyer is used) before deciding whether or not to consent to give a sample; (f) that the person may at any time (including after he or she has been charged with an offence) withdraw his or her consent to the retention of the sample;
(b) as soon as practicable but not more than 7 days after the sample was taken— give or send by registered post a copy of the audiovisual recording to the person who voluntarily gave the sample. S. 464ZGE inserted by No. 81/1997 s. 28. 464ZGE Safeguards after giving sample (1) If a person has given his or her consent in accordance with section 464ZGB, and a sample has been taken, that person may at any time after the sample has been taken, by notice in writing to the Chief Commissioner of Police, withdraw his or her consent to the retention of that sample. (2) Subject to subsection (5) and section 464ZFD(2), if a person has voluntarily given a sample in accordance with sections 464ZGB to 464ZGD and either— (a) that person in accordance with subsection (1) has withdrawn his or her consent to the retention of that sample; or (b) a court has made an order under section 464ZGF for the retention of that sample and any related material and information, and— (i) the person has not been charged with an indictable offence at the end of the period of 12 months after the order of the court; or (ii) the person has been so charged but the charge is not proceeded with, or the person is not found guilty of the indictable offence or any other indictable offence for which the sample and any related material and information had probative value, whether on appeal or otherwise, before the end of that period—
S. 464ZGI(3) amended by No. 32/2007 s. 8(2). (3) A person is not guilty of an offence against subsection (2) if the person's conduct causes a matching that is not permitted by this Subdivision but the matching is solely for the purpose of administering the Victorian DNA database. S. 464ZGJ (Heading) amended by No. 32/2007 s. 9(1). S. 464ZGJ inserted by No. 16/2002 s. 16. 464ZGJ Recording, retention and removal of identifying information on DNA database (1) In this section— S. 464ZGJ(1) def. of identifying information substituted by No. 32/2007 s. 9(2). identifying information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database; S. 464ZGJ(1) def. of identifying period amended by No. 32/2007 s. 9(1)(3)-(5). identifying period for identifying information means— (a) except as provided by paragraphs (b) and (c), the period of 12 months after the information is placed on the DNA database; (b) if the information is derived from forensic material taken from a volunteer—the period after the information is placed on the DNA database that is agreed by the Chief Commissioner of Police and the volunteer; (c) if the information is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is period for which the Chief Commissioner of Police orders the
(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. S. 464ZGK(3) amended by No. 32/2007 s. 10(7). (3) A person may only disclose Victorian information revealed by the carrying out of a forensic procedure as follows—
section 16 of the Crimes (DNA Database) Act 2002, may be retained or used for investigative, evidentiary or statistical purposes even if its retention or use would, but for this subsection, constitute a contravention of a provision of this Subdivision relating to the carrying out of forensic procedures. Heading inserted by No. 16/2002 s. 4(c). General S. 464ZH (Heading) inserted by No. 13/2010 s. 51(Sch. item 17.11). S. 464ZH inserted by No. 129/1993 s. 7, amended by Nos 81/1997 s. 29(1)(a)–(d), 13/2010 s. 51(Sch. item 17.12). 464ZH Immunity of medical practitioners, nurses, midwives, dentists and other persons No action lies against a medical practitioner or nurse or midwife or dentist or a person authorised under section 464Z or a person assisting the medical practitioner, nurse, midwife, dentist or person in respect of anything properly and necessarily done by the medical practitioner, nurse, midwife, dentist or person in the course of conducting any forensic procedure which the medical practitioner, nurse, midwife, dentist or person believes on reasonable grounds— S. 464ZH(a) inserted by No. 81/1997 s. 29(1)(d), substituted by No. 41/2004 s. 19. (a) was requested to be conducted on another person under this Subdivision in accordance with— S. 464ZH(a)(i) amended by No. 37/2014 s. 10(Sch. item 36.42). (i) a request of a police officer given under section 464R; or (ii) an authorisation given by a senior police officer under section 464SA; or (iii) an order made by a court under this Subdivision; or
S. 465B inserted by No. 63/2003 s. 44. 465B Application for tainted property to be held or retained—return of warrant to court S. 465B(1) amended by No. 37/2014 s. 10(Sch. item 36.42). (1) When a thing is brought before the Magistrates' Court to be dealt with according to law in accordance with the warrant issued under section 465 under which that thing was seized, the police officer named in the warrant or another police officer may apply to the Court for a direction that the thing so seized be held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) An application may only be made under subsection (1) if a direction under section 465(1B) was not made in relation to the warrant when it was issued. S. 465C inserted by No. 63/2003 s. 44. 465C Court may make direction S. 465C(1) amended by No. 37/2014 s. 10(Sch. item 36.42). (1) On an application under section 465B, if the Court is satisfied on reasonable grounds that the thing seized under the warrant issued under section 465 is tainted property within the meaning of the Confiscation Act 1997, the Court may direct that the thing be held or retained by the police officer or other person named in the warrant as if it were tainted property seized under a warrant under section 79 of that Act. (2) A direction under this section takes effect on and from the date that the thing is no longer required for evidentiary purposes under this Act. (3) In determining whether the thing which is the subject of the application is in fact tainted property within the meaning of the Confiscation
(6) Sections 325, 459 and 459A apply to offences under this section and section 479B as if the offences were serious indictable offences. 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 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. 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 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(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. 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 and Sentences Act 1985 and may at any time remove any person so appointed. (3) All persons who immediately before the commencement of the Penal Reform Act 1956 were probation officers by virtue of appointment pursuant to section five hundred and thirty-six of the Crimes Act 1928 are declared to have been as on and from the said commencement honorary probation officers as if appointed under the last preceding subsection. S. 507(4) amended by No. 9966 s. 21(2)(b)(i)(ii), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * S. 507(4A) inserted by No. 9966 s. 21(2)(c), amended by No. 45/1996 s. 18(Sch. 2 item 6.5). (4A) All stipendiary and honorary probation officers appointed under this section shall be under the control of the Secretary to the Department of Justice. S. 507(5) amended by No. 9966 s. 21(2)(d), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * S. 507(6) amended by Nos 9966 s. 21(2)(e)(i)(ii), 45/1996 s. 18(Sch. 2 item 6.6), 46/1998 s. 7(Sch. 1). (6) The Secretary to the Department of Justice or, in the case of a convicted person who is a child, the Secretary to the Department of Human Services shall when so required by any court cause to be prepared and submitted to that court such reports
S. 546 amended by No. 7705 s. 10, substituted by No. 7994 s. 4, amended by No. 8280 s. 18(a)(i)(ii)(b), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * No. 6103 s. 543. S. 547 amended by Nos 8679 s. 3(1)(e), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 14). 547 Definition of forfeiture and convict The word forfeiture in the construction of this Part shall not include any fine or penalty imposed on any convict by virtue of his sentence, and the expression convict shall be deemed to mean any person against whom after the passing of this Act judgment of imprisonment has been pronounced or recorded by any court of competent jurisdiction in Victoria upon any charge of treason or indictable offence. No. 6103 s. 544. S. 548 amended by Nos 8679 s. 3(1)(f), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 15). 548 When convict shall cease to be subject to operation of this Part When any convict dies or is adjudicated bankrupt, or has undergone the full term of imprisonment for which judgment has been pronounced or recorded against him, or such other punishment as may by competent authority have been substituted for such full term, or has received a pardon for the treason or indictable offence of which he has been convicted, he shall thenceforth so far as relates to the provisions hereinafter contained cease to be subject to the operation of this Part. Ss 549–561 repealed by No. 8410 s. 5(1). * * * * *
to and with respect to offences against this Act as so amended committed or alleged to have been committed on or after the commencement of that 1978 Act. (3) Section 3 of the Crimes (Criminal Damage) Act 1978 continues in effect despite its repeal. Note Section 3 of the Crimes (Criminal Damage) Act 1978 abolished the common law offence of arson for all purposes not related to offences committed before the commencement of that 1978 Act. (4) The re-enactment by this section of section 1(4) and (5) of the Crimes (Criminal Damage) Act 1978 does not affect the operation of any Act enacted after that 1978 Act. S. 585AC inserted by No. 70/2013 s. 5(Sch. 3 item 1). 585AC Transitional provisions—(Crimes (Classification of Offences) Act 1981) (1) Notwithstanding section 3A(1) of this Act as amended by the Crimes (Classification of Offences) Act 1981, the provisions of that subsection shall apply only in relation to acts of violence occurring after the commencement of the Crimes (Classification of Offences) Act 1981. (2) Notwithstanding sections 3A(2) and 322D of this Act as amended by the Crimes (Classification of Offences) Act 1981, the felony-murder rule referred to in section 3A(2) shall continue to have full force and effect in relation to acts of violence which occurred before the commencement of the Crimes (Classification of Offences) Act 1981. (3) Section 9 of the Crimes (Classification of Offences) Act 1981 continues in effect despite its repeal. Note
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: 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 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: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Abolition of Obsolete Offences Act 1969, No. 7884/1969 Assent Date: 2.12.69 Commencement Date: 2.12.69 : All of Act in operation Legal Aid Act 1969, No. 7919/1969 Assent Date: 16.12.69 Commencement Date: All of Act (except Pt 1) on 1.6.70: Government Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70 p. 3073 : All of Act in operation Crimes (Amendment) Act 1970, No. 7994/1970 Assent Date: 4.11.70 Commencement Date: 4.11.70 : All of Act in operation Criminal Appeals Act 1970, No. 8063/1970 Assent Date: 22.12.70 Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830 : All of Act in operation Motor Car (Driving Offences) Act 1971, No. 8143/1971 Assent Date: 4.5.71 Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502 : All of Act in operation Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Justices Act 1972, No. 8275/1972