(8EA) Loitering by sexual offender 85 60B Loitering near schools etc. 85 (8F) Jury warnings 88 61 Jury warnings 88 (8G) Abrogation of obsolete rules of law 91 62 Abrogation of obsolete rules of law 91 (9) Child stealing 91 63 Child stealing 91 (9A) Kidnapping 92 63A Kidnapping 92 (10) Bigamy 93 64 Bigamy 93 (11) Attempts to procure abortion 93 65 Abortion performed by unqualified person 93 66 Abortion—Abolition of common law offences 95 (12) Concealing the birth of a child 95 67 Concealing birth of a child 95 (13) Child pornography 96 67A Definitions 96 68 Production of child pornography 97 69 Procurement etc. of minor for child pornography 99 70 Possession of child pornography 100 70AA Forfeiture 103 (14) Sexual performances involving a minor 105 70AB Definitions 105 70AC Sexual performance involving a minor 105 Division 1A—Piracy 106 70A Piracy with violence 106 70B Piratical acts 107 70C Trading etc. with pirates 109 70D Being found on board piratical vessel and unable to prove noncomplicity 109
S. 2A(1) def. of motor car inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item 5.1). * * * * * S. 2A(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 5.1). motor vehicle has the same meaning as in the Road Safety Act 1986; s. 2A S. 2A(1) def. of prostitute, prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986 s. 74(a). * * * * * S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 14. protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958; S. 2A(1) def. of rape inserted by No. 9509 s. 4(c), repealed by No. 8/1991 s. 6(a). * * * * * S. 2A(1) def. of Taxing Master inserted by No. 24/2008 s. 77, repealed by No. 78/2008 s. 25(1). * * * * *
Note See section 9AC for "self-defence" exception to murder. No. 6103 s. 5. S. 5 amended by Nos 49/1991 s. 119(1) (Sch. 2 item 3), 48/1997 s. 60(1)(Sch. 1 item 3). 5 Punishment of manslaughter s. 3B Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum) or to a fine in addition to or without any such other punishment as aforesaid. S. 5A inserted by No. 7/2008 s. 3. 5A Child homicide A person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that, but for this section, would constitute manslaughter is guilty of child homicide, and not of manslaughter, and liable to level 3 imprisonment (20 years maximum). No. 6103 s. 6. S. ended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 4), 48/1997 s. 60(1)(Sch. 1 item 4), substituted by No. 77/2005 s. 5. 6 Infanticide (1) If a woman carries out conduct that causes the death of her child in circumstances that would constitute murder and, at the time of carrying out the conduct, the balance of her mind was disturbed because of— (a) her not having fully recovered from the effect of giving birth to that child within the preceding 2 years; or (b) a disorder consequent on her giving birth to that child within the preceding 2 years— she is guilty of infanticide, and not of murder, and liable to level 6 imprisonment (5 years maximum).
S. 15 def. of registered medical practitioner inserted by No. 46/1996 s. 3, substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)), 13/2010 s. 51(Sch. item 17.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 15 def. of registered nurse inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); s. 15 S. 15 def. of registered pharmacist inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
(a) the enforcement of the criminal law; or (b) the administration of any Act; or (c) the enforcement of a law imposing a pecuniary penalty; or (d) the execution of a warrant; or (e) the protection of the public revenue— that, but for this subsection, would constitute an offence against subsection (1). S. 21A(4A) inserted by No. 105/2003 s. 3(2). (4A) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that the course of conduct was engaged in without malice— s. 21A (a) in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or (b) for the purpose of an industrial dispute; or (c) for the purpose of engaging in political activities or discussion or communicating with respect to public affairs. S. 21A(5) repealed by No. 68/2008 s. 69(1). s. 21A * * * * * S. 21A(5A) inserted by No. 52/2008 s. 242, repealed by No. 68/2008 s. 69(1). * * * * * S. 21A(6) inserted by No. 105/2003 s. 5. (6) It is immaterial that some or all of the course of conduct constituting an offence against subsection
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. 25 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 11). 25 Setting traps etc. to kill A person who sets a trap or device with the intention of killing another person (whether a trespasser or not) or being reckless as to whether or not another person (whether a trespasser or not) is killed is guilty of an indictable offence. Level 4 imprisonment (15 years maximum). S. 26 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). 26 Setting traps etc. to cause serious injury A person who sets a trap or device with the intention of causing, or being reckless as to whether or not there is caused, serious injury to another person (whether a trespasser or not) is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 27 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 11). 27 Extortion with threat to kill A person who makes a demand of another person— (a) with a threat to kill or inflict injury on a person (other than the offender or an accomplice of the offender); or (b) with a threat in circumstances where, if the threat were carried out, the life of a person
S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or s. 44 Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section. S. 44(6A) inserted by No. 2/2006 s. 8, amended by No. 57/2007 s. 8. (6A) For the purposes of this section, a person compels another person (the victim) to take part in an act of sexual penetration if the person compels the victim (by force or otherwise) to engage in that act without the victim's consent. (7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary— (a) that the accused knew that he or she was related to the other person in the way alleged; and (b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
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 S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2). (1) A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married 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 this Subdivision or Subdivision (8A) or (8B); and S. 47A(2)(b) amended by No. 81/1997 s. 5(3). (b) that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during that period. S. 47A(2A) inserted by No. 81/1997 s. 5(4). (2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision. S. 47A(3) substituted by No. 81/1997 s. 5(5). (3) It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).
S. 47A(4) substituted by No. 48/1997 s. 60(1)(Sch. 1 item 25). (4) A person who is guilty of an offence under subsection (1) is liable to level 2 imprisonment (25 years maximum). s. 48 (5) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused did an act during that period which constitutes an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (6) Subsection (5) does not restrict the operation of section 421 or 422. (7) A prosecution for an offence under subsection (1) must not be commenced without the consent of the Director of Public Prosecutions. S. 48 (Heading) inserted by No. 2/2006 s. 12(1). S. 48 substituted by No. 8/1991 s. 3. 48 Sexual penetration of 16 or 17 year old child S. 48(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 7), 48/1997 s. 60(1)(Sch. 1 item 24). (1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority. Level 5 imprisonment (10 years maximum).
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 s. 51 (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. 70A(a) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(b)), substituted as s. 70A(d) by No. 48/1997 s. 60(1)(Sch. 1 item 48). (d) level 3 imprisonment (20 years maximum); or S. 70A(b) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(c)), as s. 70A(e) by No. 48/1997 s. 62(2). (e) imprisonment for such other term as is fixed by the court— as the court determines. (1698) 11 William III, c. VII ss 7, 8. S. 70B inserted by No. 9407 s. 2(b). 70B Piratical acts s. 70B (1) A person commits a piratical act if— (a) being an Australian citizen, he commits any piracy or robbery or any act of hostility or robbery against other Australian citizens on the sea under colour of any commission from any foreign ruler or under pretence of authority from any person whatever; or
Prosecutions as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration. (4) This section is to be construed in accordance with section 90. S. 94 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * Heading preceding s. 95 inserted by No. 8425 s. 2(1)(b). General and consequential provisions S. 95 amended by No. 8181 s. 2(1) (Sch. item 33), substituted by No. 8425 s. 2(1)(b). 95 Husband and wife s. 95 (1) This Act shall apply in relation to the parties to a marriage, and to property belonging to the wife or husband whether or not by reason of an interest derived from the marriage, as it would apply if they were not married and any such interest subsisted independently of the marriage. S. 95(2) amended by No. 19/1987 s. 27(a), repealed by No. 69/2009 s. 37. * * * * * S. 95(3) amended by No. 9848 s. 18(1), repealed by No. 19/1987 s. 27(b). * * * * *
(b) to acquire or offer to acquire any right or interest under any arrangement the purpose or effect or pretended purpose or effect of which is to provide facilities for the participation by persons in profits or income alleged to arise or to be likely to arise from the acquisition holding management or disposal of any property other than securities; or (c) to enter into or offer to enter into an agreement the purpose or pretended purpose of which is to secure a profit to any of the parties by reference to fluctuations in the value of any property other than securities— shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). s. 191 (2) Any person guilty of conspiracy to commit any offence against the last preceding subsection shall be punishable as if he had committed such an offence. S. 191(3) amended by No. 6716 s. 2(Sch. 1). (3) In this section unless inconsistent with the context or subject-matter— corporation means any body corporate whether incorporated in or elsewhere; debentures means any debentures debenture stock or bonds of a corporation, whether constituting a charge on the assets of the corporation or not; s. 191 securities means— (a) shares or debentures or rights or interests (whether described as units or otherwise) in any shares or debentures; or
Pt 1 Div. 3 Subdiv. (3) (Heading) repealed by No. 9228 s. 2(1)(c). * * * * * New Pt 1 Div. 3 Subdiv. (2) (Heading) inserted by No. 9228 s. 2(1)(e). (2) Injuries to buildings &c. by rioters and forcible entries and detainers No. 6103 s. 206. 206 Rioters demolishing buildings s. 206 S. 206(1) amended by Nos 9576 s. 11(1), 12/1989 s. 4(1)(Sch. 2 item 20.1) (as amended by No. 13/1990 s. 38(1)(h)), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 73(a)). (1) Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force demolish or pull down or destroy or begin to demolish pull down or destroy any church chapel meeting-house or other place of divine worship, or any house stable coach-house outhouse warehouse office shop mill malthouse hop-oast barn granary shed hovel or fold, or any building or erection used in farming land or in carrying on any trade or manufacture or any branch thereof, or any building other than such as are in this section before mentioned belonging to the Queen or the Government of Victoria or to any municipal council or belonging to any university, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, or any machinery (whether fixed or movable) prepared for or employed in any manufacture or any steam-engine or other engine for sinking working ventilating or draining any mine, or any staith building or erection used in conducting the business of any mine or any bridge waggon-way tramway trunk or shoot for
conveying minerals from any mine, shall be guilty of an indictable offence, and shall be liable to level 4 imprisonment (15 years maximum). S. 206(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch 2 item 51), 48/1997 s. 60(1)(Sch. 1 item 73(b)). (2) Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force injure or damage any such place building or erection or thing as is in the last subsection mentioned, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). No. 6103 s. 207. 207 Forcible entry s. 207 S. 207(1) repealed by No. 44/1997 s. 3. * * * * * (2) No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled. S. 207(3) amended by Nos 9554 s. 2(2)(Sch. 2 item 55), 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 54), 48/1997 s. 60(1)(Sch. 1 item 74(a)(b)). (3) Every person who is guilty of a contravention of this section shall be guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 10 fine or both.
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).
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or s. 318 (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. S. 318(2A) inserted by No. 59/2004 s. 5. (2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. S. 318(3) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.13). (3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment. S. 318(4) amended by No. 9576 s. 11(1). (4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section. S. 318(5) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.14). (5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be
charged in the same indictment with an indictable offence under this section. S. 318(6) amended by Nos 9576 s. 11(1), 127/1986 s. 102(Sch. 4 item 5.4), 13/1992 s. 3(2), 68/2009 s. 97(Sch. item 40.14), 93/2009 s. 45. (6) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the circumstances concerned be proceeded against under the Road Safety Act 1986 or the Marine Act 1988 for having driven a motor vehicle whilst under the influence of alcohol or a drug and no such offence shall be charged in the same indictment with an indictable offence under this section. S. 318(7) substituted by Nos 8338 s. 4, 78/1987 s. 4(2), (7) Drug means a drug within the meaning of the Road Safety Act 1986. S. 318(8) repealed by No. 78/1987 s. 4(3). * * * * * S. 319 amended by Nos 6658 s. 3, 6762 s. 13(c)(d), 7332 s. 2(Sch. 1 item 19), 7546 s. 6, repealed by No. 7645 s. 5, new s. 319 inserted by No. 59/2004 s. 6. 319 Dangerous driving causing death or serious injury s. 319 S. 319(1) amended by No. 7/2008 s. 5(1). (1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(d) it is irrelevant that the police pursuit is suspended or terminated before the motor vehicle being pursued stops. (3) In this section— direction to stop has the same meaning as it has in section 64A(5) of the Road Safety Act 1986; motor vehicle does not include a vessel. S. 320 amended by Nos 6762 s. 13(e), 7184 s. 4, substituted by No. 7645 s. 4, amended by Nos 7876 s. 2(3), 9576 s. 11(1), 10084 s. 5, repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * S. 321 amended by No. 6561 s. 3, repealed by No. 7645 s. 5. * * * * * Pt 1 Div. 9AA (Heading and ss inserted by No. 55/2011 s. 3. Division 9AA—Offences connected with dangerous, menacing and restricted breed dogs S. 319A inserted by No. 55/2011 s. 3. 319A Definitions s. 319A In this Division— control, in relation to a dangerous dog, menacing dog or restricted breed dog, includes failing to comply with any of the requirements under sections 24, 26(1), 28, 29, 38, 39, 40,
maximum penalty or the accumulated maximum penalties, as the case may be; or S. 321C(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.17), 49/1991 s. 119(1) (Sch. 2 item 62(b)(i)), 68/2009 s. 97(Sch. item 40.16). (d) if the relevant offence, or each of the relevant offences, may be heard and determined only in the Magistrates' Court, the person shall be liable to— s. 321C S. 321C(1) (d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 62(b)(ii)), 48/1997 s. 60(1)(Sch. 1 item 90(c)(i)). (i) level 6 imprisonment (5 years maximum); or S. 321C(1) (d)(ii) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 62(b)(iii)). (ii) imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences, as the case requires— whichever is the greater. (2) Where a person is convicted under section 321 of conspiracy to commit an offence or offences against a law or laws in force only in a place outside — S. 321C(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(c)(i)), 48/1997 s. 60(1)(Sch. 1 item 91). (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
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
S. 321O inserted by No. 10233 s. 4. 321O Attempts to commit offence outside s. 321O (1) A person in who attempts to commit in another State or in a Territory an offence which, if committed in whole or in part in , would be an indictable offence against the law of is guilty of the indictable offence of attempting to commit that offence. (2) A person outside who attempts to commit an indictable offence in is guilty of the indictable offence of attempting to commit that offence. (3) In subsection (1), Territory means the , the or the . S. 321P inserted by No. 10233 s. 4. 321P Penalties for attempt S. 321P(1) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 64). (1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table: S. 321P(1)(a) Table substituted by Nos 48/1997 s. 60(1)(Sch. 1 item 94(a)), 69/1997 s. 23. TABLE Column 1 Column 2 Level 1 imprisonment (life) Level 2 imprisonment (25 years maximum) Level 2 imprisonment (25 years maximum) Level 3 imprisonment (20 years maximum) Level 2 fine (3000 penalty units maximum) Level 3 fine (2400 penalty units maximum) Level 3 imprisonment (20 years maximum) Level 4 imprisonment (15 years maximum) Level 3 fine (2400 penalty units maximum) Level 4 fine (1800 penalty units maximum) Level 4 imprisonment (15 years maximum) Level 5 imprisonment (10 years maximum)
(3) A member of the police force, or a person assisting him or her, may use such force as is reasonably necessary for the execution of a search warrant. (4) A member of the police force executing a search warrant may seize and remove any object that he or she believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued. (5) An object seized and removed under subsection (4) must be dealt with in accordance with arrangements in force under section 344. (6) A member of the police force who executes a search warrant— (a) must prepare a notice in the prescribed form containing— (i) his or her own name and rank; s. 342 (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and (iii) a description of any objects seized and removed in pursuance of the warrant; and (b) as soon as practicable, after the execution of the warrant, must give the notice to the occupier (if any) of the premises in respect of which the warrant was issued or leave it for him or her in a prominent position on those premises. (7) A search warrant, if not executed at the expiration of one month from the date of its issue, then expires.
of an offence against section 17 and the person charged is liable to punishment accordingly. S. 422A inserted by No. 59/2004 s. 7. 422A Alternative verdict for certain charges relating to driving s. 422A S. 422A(1) substituted by No. 7/2008 s. 5(3). (1) If on the trial of a person charged with an offence against section 318 (culpable driving causing death) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1) (dangerous driving causing death), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319(1) and he or she is liable to punishment accordingly. S. 422A(1A) inserted by No. 7/2008 s. 5(3). (1A) If on the trial of a person charged with an offence against section 24 (negligently causing serious injury) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1A) (dangerous driving causing serious injury), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319(1A) and he or she is liable to punishment accordingly. s. 422A S. 422A(2) repealed by No. 68/2009 s. 97(Sch. item 40.26). * * * * *
S. 459 (Heading) inserted by No. 43/2011 s. 17(1). S. 459 substituted by No. 8247 s. 2, amended by No. 43/2011 s. 17(2)(3) (ILA s. 39B(1)). 459 Powers of member of police force or protective services officer to apprehend offenders s. 459 (1) In addition to exercising any of the powers conferred by section 458 or by or under any other Act a member of the police force, or a protective services officer on duty at a designated place, may at any time without warrant apprehend any person— S. 459(a) amended by No. 68/2009 s. 97(Sch. item 40.33). (a) he believes on reasonable grounds has committed an indictable offence in (including any indictable offence which may be heard and determined summarily); or S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33). (b) he believes on reasonable grounds has committed an offence elsewhere which if committed in would be an indictable offence against the law of (including any indictable offence which may be heard and determined summarily). S. 459(2) inserted by No. 43/2011 s. 17(3). (2) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested. S. 459(3) inserted by No. 43/2011 s. 17(3). (3) In this section, designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958. S. 459A inserted by No. 9576 s. 7(a). 459A Entry and search of premises (1) A member of the police force may, for the purpose of arresting under section 458 or 459 or any other enactment a person whom he— (a) believes on reasonable grounds— (i) to have committed in a serious indictable 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;
S. 464(2) def. of mental impairment inserted by No. 23/1991 s. 4(a). mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury; S. 464(2) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 17.3(d)). 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. 464(2) def. of missing persons index inserted by No. 16/2002 s. 5. missing persons index means an index of DNA profiles, derived from forensic material, of— (a) persons who are missing; and (b) volunteers who are relatives by blood of missing persons; S. 464(2) def. of National Criminal Investigation DNA Database inserted by No. 32/2007 s. 4(2). National Criminal Investigation DNA Database means the DNA database system that— (a) is known as the National Criminal Investigation DNA Database; and (b) is managed by the Commonwealth; S. 464(2) def. of NCIDD inserted by No. 32/2007 s. 4(2). NCIDD means the National Criminal Investigation DNA Database; s. 464 S. 464(2) def. of non-intimate part of the body inserted by No. 129/1993 s. 6(e). non-intimate part of the body means any part of the body other than an intimate part;
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 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). security patient has the same meaning as in the Mental Health Act 1986; s. 464 S. 464(2) def. of senior police officer inserted by No. 41/2004 s. 8. senior police officer means a member of the police force of or above the rank of senior sergeant; S. 464(2) def. of serious offenders index inserted by No. 16/2002 s. 5. serious offenders index means an index of DNA profiles derived from forensic material taken from— (a) offenders in accordance with section 464ZF, or under a corresponding law of a participating jurisdiction; and (b) suspects who have been convicted of— (i) an offence and an order has been made under section 464ZFB(1); or (ii) an offence in respect of which a forensic procedure may be conducted under a corresponding law of a participating jurisdiction;
S. 464(2) def. of sexual offence inserted by No. 84/1989 s. 4(b), amended by No. 8/1991 s. 6(d), repealed by No. 23/1991 s. 4(c). * * * * * S. 464(2) def. of statistical index inserted by No. 16/2002 s. 5. statistical index means an index of information that— s. 464 (a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and (b) has been compiled for statistical purposes; and (c) cannot be used to discover the identity of persons from whom the forensic material was taken; S. 464(2) def. of suspect inserted by No. 38/1988 s. 5(b), amended by Nos 25/1989 s. 14(a), 72/2004 s. 25. suspect means a person of or above the age of 18 years who— (a) is suspected of having committed an offence; or (b) has been charged with an offence; or (c) has been summonsed to answer to a charge;
S. 464B(1)(b) amended by No. 86/2000 s. 4(1)(c). (b) reasonably suspected of having committed an offence (being, in the case of an application in respect of a child, an indictable offence) 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). s. 464B (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 person who is the subject of the application is before the Court.
S. 464L(5)(a) substituted by No. 27/2006 s. 17(13). (a) record by audio recording or audiovisual recording; or (b) record in writing signed by the child and the parent or guardian present— the giving of that information and the responses, if any, of the child and the parent or guardian. s. 464L S. 464L(6) amended by No. 27/2006 s. 17(14). (6) If a child is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (3) and the responses, if any, of the child and the parent or guardian must be recorded by audio recording or audiovisual recording. S. 464L(7) amended by No. 27/2006 s. 17(15)(a). (7) If information and the responses of the child and parent or guardian are recorded by audio recording or audiovisual recording, the member of the police force giving the information must give or send by post to the child or his or her legal practitioner without charge— S. 464L(7)(a) amended by No. 27/2006 s. 17(15)(b). (a) the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and S. 464L(7)(b) amended by No. 27/2006 s. 17(15)(c). (b) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable. (8) If information and the responses of the child and parent or guardian are recorded in writing, the member requesting the child's fingerprints must give to the child, or cause the child to be given, a copy of the signed record forthwith.
(14) The failure of the court to comply with subsection (13) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464Q(1)(a). (15) If a child is apprehended under a warrant issued under subsection (12), the warrant ceases to have effect immediately after the child's fingerprints have been taken. S. 464M(16) amended by No. 48/2006 s. 42(Sch. item 9.3). (16) If the Children's Court makes an order under subsection (5) in respect of a child who is held in a prison, police gaol, youth justice centre or youth residential centre, the court must also order that the officer in charge of the place at which the child is held must take the fingerprints of the child or cause them to be taken and must deliver the fingerprints to the applicant within a period of time specified in the order. S. 464N inserted by No. 38/1988 s. 4, amended by Nos 25/1989 ss 11(d), 12(1)(2), 14(c)(d), 56/1989 s. 286(Sch. 2 items substituted by No. 129/1993 s. 7. 464N Taking of fingerprints S. 464N(1) inserted by No. 41/2004 s. 4(1). s. 464N (1) Fingerprints may be taken by means of a device to obtain a record of the fingerprints (a fingerscan) or by any other means. S. 464N(2) amended by No. 41/2004 s. 4(2). (2) If— (a) fingerprints are to be taken in accordance with a court order; or
(l) if necessary to prevent or lessen a serious threat to public health; (m) if the suspect, offender or volunteer consents in writing to the disclosure. S. 464ZGK(4) amended by No. 32/2007 s. 10(8). (4) This section does not apply to Victorian information that cannot be used to discover the identity of any person. S. 464ZGK(5) inserted by No. 32/2007 s. 10(9). (5) In this section— Victorian information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database. Heading inserted by No. 16/2002 s. 16. Inter-jurisdictional enforcement S. 464ZGL inserted by No. 16/2002 s. 16. 464ZGL Registration of orders s. 464ZGL (1) The Minister may enter into arrangements with the responsible Ministers of the participating jurisdictions for the establishment and maintenance, in one or more of those jurisdictions, of a register of orders for the carrying out of forensic procedures made under this Subdivision or corresponding laws of participating jurisdictions. (2) An order is registered when a copy of the order (being a copy certified by the person who made it) is registered in accordance with the law of the participating jurisdiction in which the register is kept. (3) An application for registration of an order, or for cancellation of registration of an order, may be made by an appropriate authority.
(c) the application and use of statistical analysis to data the subject of forensic evidence; and (d) standards for conducting forensic procedures in accordance with this Subdivision and the analysis of any samples taken; and (e) generally prescribing any other matter or thing required or permitted by this Subdivision to be prescribed or necessary to be prescribed to give effect to this Subdivision. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and s. 464ZJ (c) may confer a discretionary authority or impose a duty on a specified person or class of persons. S. 464ZJ(3)(4) repealed by No. 10/1999 s. 31(5)(c). * * * * * S. 464ZJ(5) substituted by No. 10/1999 s. 31(5)(d). (5) If a regulation made under subsection (1) is disallowed by the Parliament or a House of the Parliament, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless— (a) if the regulation was disallowed by one House of the Parliament, that House approves the making of a regulation the same in substance as the disallowed regulation; or (b) if the regulation was disallowed by both Houses of the Parliament, each House approves the making of a regulation the same in substance as the disallowed regulation.
(4) The Governor in Council may make regulations prescribing the form of any warrant to be issued under this section and any such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if not then within fourteen days after the next meeting of Parliament. S. 465(5) inserted by No. 22/1996 s. 6(3), repealed by No. 48/1997 s. 61, new s. 465(5) inserted by No. 25/2009 s. 5(2). (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. 465A inserted by No. 63/2003 s. 44. 465A Notice that seized thing is being held for purposes of Confiscation Act 1997 s. 465A (1) If a thing seized under a warrant issued under section 465 to which a direction under section 465(1B) applies is no longer required for evidentiary purposes under this Act, the person to whom that warrant was issued must give notice to all persons known to have an interest in that thing that the thing is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) A notice under subsection (1) must be— (a) given within 7 days after the thing is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form.
S. 470(6) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.66(a)(b)). (6) Every warrant issued under this section shall be addressed to and executed by a member of the police force of or above the rank of sergeant, who shall be accompanied by the parent relative or guardian or other person referred to in subsection (1) if such person so desire unless the magistrate otherwise directs. Pt 3 Div. 1 Subdiv. (33) (Heading) repealed by No. 23/1991 s. 8(2). * * * * * S. 471 amended by Nos 9427 s. 6(1)(Sch. 5 item 41), 110/1986 s. 140(2), repealed by No. 124/1986 s. 74(e). * * * * * Division 2—Punishment Pt 3 Div. 2 Subdiv. (1) (Heading) amended by No. 10084 s. 15(b). (1) Sentences for offences Ss 472–476A repealed. * * * * * S. 476B inserted by No. 9242 s. 3, amended by Nos 16/1987 ss 4(3)(Sch. 1 item 8(b)), 12(Sch. 2 item 6(b)), 46/1998 s. 7(Sch. 1), 48/2006 s. 42(Sch. item 9.4). 476B Young person sentenced to life imprisonment s. 476B Where a person under the age of 21 years is sentenced to be imprisoned for the term of his natural life he shall be kept in safe custody in such place as is directed by the Minister administering the Children, Youth and Families Act 2005 from time to time upon the recommendation of the Secretary within the meaning of that Act and if the place at which he is at any time being so kept is a youth justice centre, remand centre, or other
(b) conveys anything or causes anything to be conveyed into a prison or to a prisoner with intent to facilitate the escape of any prisoner— shall be guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum). S. 479C inserted by No. 117/1986 s. 6(Sch. 1 item 1(8)(d)). 479C Escape and related offences s. 479C S. 479C(1) amended by Nos 129/1993 s. 9(2), 45/1996 s. 18(Sch. 2 item 6.1), 26/1997 s. 52(1), 48/1997 s. 60(1)(Sch. 1 item 101), substituted by No. 45/2001 s. 40(3). (1) A person who, whether by force or not, escapes or attempts to escape— (a) from a prison or police gaol; or (b) if the person is in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police, from the physical custody of— (i) an officer within the meaning of Part 5 of the Corrections Act 1986 or an escort officer under that Act; or (ii) a member of the police force; or (iii) a person acting on lawful authority on behalf of the Secretary or the Chief Commissioner— is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum). S. 479C(2) amended by Nos 129/1993 s. 9(2), 48/1997 s. 60(1)(Sch. 1 item 101). (2) A prisoner who is authorized to be absent from a prison under the Corrections Act 1986 and who— (a) does not return to prison when the instrument of authority expires or when otherwise required by the instrument to do so; or
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;
(d) section 200 (setting fire to public buildings); (e) section 201 (setting fire to other buildings); (f) section 202 (setting fire to goods in buildings); (g) section 203 (attempting to set fire to buildings). 19 An offence against section 203A (placing inflammable substance with intent to destroy, damage, etc.) (as amended) of the Crimes Act 1958 repealed on 1 July 1979 by section 2(1)(c) of the Crimes (Criminal Damage) Act 1978. 20 The common law offence of arson. 21 An offence against section 249, 250 or 251 (contamination of goods) of the Crimes Act 1958. Explosive substances 21A An offence against section 317 (offences connected with explosive substances) of the Crimes Act 1958. 21B An offence against section 317A (bomb hoaxes) of the Crimes Act 1958. Parties to offence 21C An offence against section 325(1) (assisting offender) of the Crimes Act 1958 if the principal offence was any other forensic sample offence. Drug offences 22 An offence against section 71 of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs). Sch. 8 23 An offence against section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs).
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 44–46 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Legislation Amendment Act 2010, No. 7/2010 Assent Date: 16.3.10 Commencement Date: S. 3 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 17) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010 Assent Date: 24.8.10 Commencement Date: Ss 227, 228 on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 4) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 4) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 3–6 on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 3) on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958
Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013 Assent Date: 26.2.13 Commencement Date: Ss 3–7 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Integrity in Sports) Act 2013, No. 20/2013 Assent Date: 23.4.13 Commencement Date: 24.4.13: s. 2 : All of Act in operation Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 5(Sch. 3 item 1) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013 Assent Date: 17.12.13 Commencement Date: Ss 15, 16 on 18.12.13: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Criminal Appeal Rules 1965, S.R. No. 144/1965 (as amended by S.R. No. 75/1987) Date of Making: 6.7.65 Date of Commencement: 1.2.66: reg. 1(1) Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes