319K Orders under section 319D are to operate consecutively 225 319L Person must comply with order under section 319D 225 Division 9A—Penalties for certain common law offences 225 320 Maximum term of imprisonment for certain common law offences 225 Division 10—Conspiracy 227 321 Conspiracy to commit an offence 227 321A Agreements to commit offences outside Victoria 228 321B As to consequences of acquittal of co-conspirators 228 321C Penalties for conspiracy 229 321D Application of certain provisions 231 321E Limitations on prosecution 231 321F Abolition of certain offences of conspiracy at common law 232 Division 11—Incitement 232 321G Incitement 232 321H Incitement to commit offences outside Victoria 233 321I Penalties for incitement 234 321J Application of certain provisions 236 321K Limitations on prosecution 236 321L Incitement at common law abolished 237 Division 12—Attempts 237 321M Attempt 237 321N Conduct constituting attempt 237 321O Attempts to commit offence outside Victoria 238 321P Penalties for attempt 238 321Q Limitations on prosecution 240 321R Application of Division 241 321S Abolition of attempt at common law 242 243 322A Maintenance and certain other offences abolished 243 244 322B Abolition of distinctions between felony and misdemeanour 244 322C Nomenclature 244 322D Transitional provisions 245 322E Treason and misprision of treason not affected 246 322F Other enactments not affected 246
S. 2A inserted by No. 7088 s. 2(a), amended by No. 9509 s. 4(a). 2A Definitions s. 2A (1) In this Act unless inconsistent with the context or subject-matter— aircraft means every type of machine or structure used or intended to be used for navigation of the air; S. 2A(1) def. of brothel inserted by No. 9509 s. 4(b), repealed by No. 124/1986 s. 74(a). * * * * * S. 2A(1) def. of drug of addiction inserted by No. 9509 s. 4(b), substituted by No. 9719 s. 135. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; S. 2A(1) def. of incite inserted by No. 10079 s. 8(a). incite includes command, request, propose, advise, encourage or authorize; S. 2A(1) def. of Juries inserted by No. 53/2000 s. 94(1). Juries Commissioner has the same meaning as in the Juries Act 2000; S. 2A(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 27.1). legal practitioner means an Australian lawyer within the meaning of the Legal Profession Act 2004;
determined and punished in Victoria in the same manner in all respects as if such offence had been wholly committed in Victoria. S. 9AA inserted by No. 65/1991 s. 3. 9AA Abolition of year-and-a-day rule s. 9AA (1) The rule of law known as the year-and-a-day rule (under which an act or omission that in fact causes death is not regarded as the cause of death if the death occurs more than a year and a day after the act or omission) is abolished. (2) This section does not apply to acts or omissions alleged to have occurred— (a) before the commencement of the Crimes (Year and a Day Rule) Act 1991; or (b) between two dates, one before and one after that commencement. Pt 1 Div. 1 Subdiv. (1AA) (Heading and ss 9AB–9AJ) inserted by No. 77/2005 s. 6, repealed by No. 63/2014 s. 3(3). * * * * * Pt 1 Div. 1 Subdiv. (1A) (Heading) inserted by No. 9407 s. 2(a). (1351–2) V., c. II (1695–6) 7 and 8 William III c. III (1708) 7 Anne c. 21 s. 14. (1795) 36 George III c. VII (1817) 57 George III c. VI ss 1, 4 and 5. (1A) Treasonable offences
S. 15 def. of registered nurse inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); s. 15 S. 15 def. of registered pharmacist inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); S. 15 def. of serious injury substituted by Nos 58/2008 s. 10(2), 6/2013 s. 3(b). serious injury means— (a) an injury (including the cumulative effect of more than one injury) that— (i) endangers life; or (ii) is substantial and protracted; or (b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm; S. 15 def. of woman inserted by No. 58/2008 s. 10(1). woman means a female person of any age. S. 15A inserted by No. 6/2013 s. 4. 15A Causing serious injury intentionally in circumstances of gross violence s. 15A (1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.
other person is prosecuted for or found guilty of the offence. S. 16 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 10). 16 Causing serious injury intentionally s. 15C A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence. Level 3 imprisonment (20 years maximum). S. 17 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 11). 17 Causing serious injury recklessly A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence. Level 4 imprisonment (15 years maximum). S. 18 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 11), 48/1997 s. 60(1)(Sch. 1 item 12). 18 Causing injury intentionally or recklessly A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence. If the injury was caused 5 imprisonment (10 years maximum); If the injury was caused 6 imprisonment (5 years maximum). S. 19 substituted by No. 10233 s. 8(2). 19 Offence to administer certain substances s. 17 intentionally—
S. 22 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14). 22 Conduct endangering life s. 22 A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 16). 23 Conduct endangering persons A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 24 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 16), 7/2008 s. 4. 24 Negligently causing serious injury A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 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. 46 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 5), 48/1997 s. 60(1)(Sch. 1 item 23), repealed by No. 67/2000 s. 5. * * * * * s. 47 S. 47 substituted by No. 8/1991 s. 3. 47 Indecent act with child under the age of 16 S. 47(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 6), 48/1997 s. 60(1)(Sch. 1 item 24), 74/2014 s. 5(2). (1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16. Level 5 imprisonment (10 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child.
(f) the child's youth worker; (g) the child's sports coach; (h) the child's counsellor; (i) the child's health professional; S. 49(4)(j) amended by No. 37/2014 s. 10(Sch. item 36.4). (j) a police officer acting in the course of his or her duty in respect of the child; S. 49(4)(k) amended by No. 8/2008 s. 22(1). (k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child. S. 49A inserted by No. 102/1994 s. 93. 49A Facilitating sexual offences against children s. 49A S. 49A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 27). (1) Subject to this section, a person who in Victoria makes travel arrangements for another person or does or omits to do any other act that aids, facilitates or contributes to in any way whatever the commission by another person of an offence against this Subdivision (other than this section) or against Division 2 of Part IIIA of the Crimes Act 1914 of the Commonwealth or against a law in force only in a place outside Victoria the necessary elements of which consist of or include elements which, if present or occurring in Victoria, would constitute an offence against this Subdivision (other than this section) is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
(3) In a proceeding for an offence against subsection (1) or (2) in circumstances in which the services provided by the accused were related to the cognitive impairment of the other person, it is a defence to the charge for the accused to prove on the balance of probabilities that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds that the other person did not have a cognitive impairment. (4) In a proceeding for an offence against subsection (1) or (2) in circumstances in which the services provided by the accused were not related to the cognitive impairment of the other person, it is a defence to the charge for the accused to prove on the balance of probabilities that at the time at which the offence is alleged to have been committed, the accused was not aware that the other person had a cognitive impairment. s. 51 (5) Consent is not a defence to a charge against subsection (1) or (2) unless the accused satisfies the court on the balance of probabilities that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the other person. (6) If consent is relevant to a charge against subsection (1) or (2), the prosecution bears the burden of proving lack of consent.
S. 52(3) amended by No. 2/2006 s. 17(4)(a)(b). (3) Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds that he or she was the spouse or domestic partner of the person residing at or attending the facility. S. 52(4) inserted by No. 2/2006 s. 17(5). (4) If consent is relevant to a charge under this section, the prosecution bears the burden of proving lack of consent. Pt 1 Div. 1 Subdiv. (8E) (Heading and s. 58) inserted by No. 9509 s. 5, substituted as Pt 1 Div. 1 Subdiv. (8E) (Heading and ss 53–60) by No. 8/1991 s. 3. (8E) Other sexual offences S. 53 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 10), 48/1997 s. 60(1)(Sch. 1 item 30), 1/2009 s. 3 (ILA s. 39B(1)). 53 Administration of drugs etc. s. 53 (1) 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 take part in an act of sexual penetration with that person. Level 5 imprisonment (10 years maximum).
No. 6103 s. 66. S. 66 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 34), 48/1997 s. 60(1)(Sch. 1 item 43), substituted by No. 58/2008 s. 11. 66 Abortion—Abolition of common law offences s. 66 Any rule of common law that creates an offence in relation to procuring a woman's miscarriage is abolished. (12) Concealing the birth of a child No. 6103 s. 67. S. 67 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 35), 48/1997 s. 60(1)(Sch. 1 item 44(a)(b)). 67 Concealing birth of a child If any woman has been delivered of a child, every person who by any secret disposition of the dead body of the said child whether such child died before at or after its birth endeavours to conceal the birth thereof, shall be guilty of a summary offence, and shall be liable to level 9 imprisonment (6 months maximum).
(14) Notwithstanding anything contained in subsection (12) in any proceedings— S. 73(14)(a) amended by No. 127/1986 s. 102(Sch. 4 item 5.2). (a) for stealing a motor vehicle or an aircraft proof that the person charged took or in any manner used the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it; and S. 73(14)(b) amended by No. 127/1986 s. 102(Sch. 4 item 5.2). (b) for attempting to steal a motor vehicle or an aircraft proof that the person charged attempted to take or in any manner use the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it. 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 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).
into or in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so. S. 88(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 66). (2) A person guilty of handling stolen goods is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 88(3) inserted by No. 9073 s. 2(a). (3) Where a married woman handles stolen goods, the fact that the person from whom she receives the goods is her husband shall not of itself constitute a defence to a charge under this section. S. 88A (Heading) amended by No. 68/2009 s. 97(Sch. item 40.6) S. 88A inserted by No. 59/2004 s. 4. 88A Alternative charges of theft and handling stolen goods s. 88A If— S. 88A(a) amended by No. 68/2009 s. 97(Sch. item 40.7). (a) a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same indictment as alternative charges and tried together; and (b) the jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of— the jury must acquit the accused of handling stolen goods and find the accused guilty of theft and the accused is liable to punishment accordingly.
(a) affects or, if engaged in, would or would be likely to affect the outcome of any type of betting on the event or event contingency; and s. 195B (b) is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of any type of betting on the event or event contingency; encourage includes incite, induce, persuade, urge, threaten or pressure; engage in conduct means— (a) do an act; or (b) omit to do an act; event means an event (whether it takes place in Victoria or elsewhere) on which it is lawful to bet under a law of Victoria, another State, a Territory or the Commonwealth; event contingency means a contingency connected to an event, being a contingency on which it is lawful to bet under a law of Victoria, another State, a Territory or the Commonwealth; obtaining a financial advantage includes— (a) obtaining a financial advantage for oneself or another person; and (b) inducing a third person to do something that results in obtaining a financial advantage for oneself or for another person; and (c) retaining a financial advantage that one has—
S. 195E inserted by No. 20/2013 s. 3. 195E Concealing conduct, agreement or arrangement s. 195E (1) A person must not encourage another person to conceal from a relevant authority conduct, or an agreement or arrangement in respect of conduct, that corrupts or would corrupt a betting outcome of an event or event contingency— (a) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or event contingency; and (b) intending to obtain a financial advantage, or cause a financial disadvantage, in connection with any betting on the event or event contingency. Penalty: level 5 imprisonment (10 years maximum). (2) In this section relevant authority means— S. 195E(2)(a) substituted by No. 37/2014 s. 10(Sch. item 36.8). (a) a police officer; or (b) a body that has the official function of controlling, regulating or supervising an event or betting on an event; or (c) any other authority of a kind prescribed by regulation. S. 195F inserted by No. 20/2013 s. 3. 195F Use of corrupt conduct information for betting purposes s. 195F (1) A person who— (a) possesses information in connection with an event or event contingency about conduct
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 s. 196 (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
(c) having a charge on it. (3) For the purposes of this subdivision property which is subject to a trust shall be treated as belonging to the trustee or trustees and the person or persons who have a right to enforce the trust. (4) For the purposes of this subdivision property of a corporation sole shall be treated as belonging to the corporation notwithstanding a vacancy in the corporation. S. 197 repealed by No. 9228 s. 2(1)(c), new s. 197 inserted by No. 9228 s. 2(1)(d). 197 Destroying or damaging property s. 197 S. 197(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(a)), 48/1997 s. 60(1)(Sch. 1 item 70(a)). (1) A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 197(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(b)), 48/1997 s. 60(1)(Sch. 1 item 70(b)). (2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 197(3) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 70(c)). (3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
S. 198 repealed by No. 9228 s. 2(1)(c), new s. 198 inserted by No. 9228 s. 2(1)(d), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 51), 48/1997 s. 60(1)(Sch. 1 item 71). 198 Threats to destroy or damage property s. 198 A person who without lawful excuse makes to another a threat— (a) to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or (b) to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person— shall, if he made the threat with the purpose of causing the other to fear that it would be carried out, be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 199 repealed by No. 9228 s. 2(1)(c), new s. 199 inserted by No. 9228 s. 2(1)(d), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 72). 199 Possessing anything with intent to destroy or damage property A person who has anything in his custody or under his control— (a) with the purpose of using it, or causing or permitting another to use it, without lawful excuse— (i) to destroy or damage any property belonging to some other person or to himself, the user or both of them and some other person; or (ii) to destroy or damage any property in a way which he knows or believes is more likely than not to endanger the life of some other person; or
(iii) that the person or persons whom he believed to be entitled to consent to the destruction or damage in question had so consented or would have so consented if he or they had known the circumstances of the destruction or damage; or (b) if he engaged in the conduct alleged to constitute the offence in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of such conduct he believed— (i) that the property, right or interest which he sought to protect was in immediate need of protection; and s. 201 (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances. (3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held. (4) For the purposes of subsection (2) a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise. (5) This section shall not be construed as taking away or otherwise affecting any other defence recognized by law as a defence to criminal charges.
New Pt 1 Div. 3 Subdiv. (3) (Heading) inserted by No. 9228 s. 2(1)(f). (3) Interference with mines, sea banks &c., railways and navigation aids No. 6103 s. 225. S. 225 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 55), 48/1997 s. 60(1)(Sch. 1 item 75). 225 Conveying water into a mine s. 225 Whosoever unlawfully and maliciously causes any water to be conveyed or run into any mine or into any subterraneous passage communicating therewith with intent thereby to destroy or damage such mine or to hinder or delay the working thereof, or with the like intent unlawfully and maliciously pulls down fills up or obstructs or damages with intent to destroy obstruct or render useless any airway waterway drain pit level shaft or drive of or belonging to any mine, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). This provision shall not extend to any damage committed underground by any owner of any adjoining mine in working the same or by any person duly employed in such working. S. 226 repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (9) (Heading and s. 227) repealed by No. 9228 s. 2(1)(c). * * * * *
No. 6103 s. 228. S. 228 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 75). 228 Removing etc. piles of sea banks s. 228 Whosoever unlawfully and maliciously cuts off draws up or removes any piles chalk or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdivs (10)(11) (Headings and ss 229–231) repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (12) (Heading) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 232. S. 232 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). 232 Placing things on railways to obstruct or overturn engine etc. Whosoever unlawfully and maliciously puts places casts or throws upon or across any railway any wood stone or other matter or thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or
Pt 1 Div. 3 Subdiv. (14) (Heading and ss 237, 238) amended by Nos 8181 s. 2(1) (Sch. item 33), 8870 s. 2(1)(2), repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (15) (Heading and ss 239–243) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 244. S. 244 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 244 Altering signals or exhibiting false ones s. 244 Whosoever unlawfully masks alters or removes any light or signal or exhibits any false light or signal with intent to bring any ship vessel or boat into danger, or unlawfully and maliciously does anything tending to the immediate loss or destruction of any ship vessel or boat and for which no punishment is hereinbefore provided, shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum). No. 6103 s. 245. S. 245 amended by Nos 8181 s. 2(1) (Sch. item 36), 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 78). 245 Removing buoy etc. Whosoever unlawfully and maliciously cuts away casts adrift removes alters defaces sinks or destroys or in any other manner injures or conceals, or unlawfully and maliciously does any act with intent to cut away cast adrift remove alter deface sink destroy, or in any other manner injure or conceal, any boat buoy rope perch or mark used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
TABLE Column 1 Column 2 Common law offence Maximum Term of Imprisonment Affray Level 6 imprisonment (5 years maximum) Attempt to pervert the course of justice Level 2 imprisonment (25 years maximum) Breach of prison Level 6 imprisonment (5 years maximum) Bribery of public official Level 5 imprisonment (10 years maximum) Common assault Level 6 imprisonment (5 years maximum) Conspiracy to cheat and defraud Level 4 imprisonment (15 years maximum) Conspiracy to defraud Level 4 imprisonment (15 years maximum) Criminal defamation Level 5 imprisonment (10 years maximum) Embracery Level 4 imprisonment (15 years maximum) False imprisonment Level 5 imprisonment (10 years maximum) Kidnapping Level 2 imprisonment (25 years maximum) Misconduct in public office Level 5 imprisonment (10 years maximum) Perverting the course of justice Level 2 imprisonment (25 years maximum) Public nuisance Level 6 imprisonment (5 years maximum) Riot Level 5 imprisonment (10 years maximum) Rout Level 6 imprisonment (5 years maximum) Unlawful assembly Level 6 imprisonment (5 years maximum) Wilful exposure Level 6 imprisonment (5 years maximum). s. 320
(iv) for the safety or welfare of members of the public or of the offender; S. 458(1)(b) amended by No. 37/2014 s. 10(Sch. item 36.13). (b) when instructed so to do by any police officer having power under this Act to apprehend that person; or S. 458(1)(c) amended by No. 117/1986 s. 6(Sch. 1 item 1(8)(a)). (c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case. (2) For the purposes of paragraph (a) in subsection (1) offence means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament. S. 458(3) amended by Nos 9008 s. 2(1)(Sch. item 2(k)), 68/2009 s. 97(Sch. item 40.31). s. 458 (3) A person who has been apprehended without warrant pursuant to the provisions of paragraph (a) in subsection (1) in respect of any offence punishable on summary conviction (not being an indictable offence that may be heard and determined summarily) and taken into custody shall be held in the custody of the person apprehending him only so long as any reason referred to in the said paragraph for his apprehension continues and where, before that person is charged with an offence, it appears to the person arresting that person that the reason no longer continues the person arresting that other person shall, without any further or other authority than this subsection, release that person from custody without bail or cause him to be so released and whether or not a summons has been
(b) on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or (c) on an object or person reasonably believed to have been associated with the commission of the offence; S. 464(2) def. of CrimTrac inserted by No. 32/2007 s. 4(2). s. 464 CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth; S. 464(2) def. of dentist inserted by No. 129/1993 s. 6(a), substituted 26/1999 s. 107(Sch. item 1), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(a)), substituted by No. 13/2010 s. 51(Sch. item 17.3(a)). dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); (b) in the dentists division of that profession; S. 464(2) def. of designated mental health service inserted by No. 26/2014 s. 455(Sch. item 7.2(b)). designated mental health service has the same meaning as in the Mental Health Act 2014; S. 464(2) def. of destruction inserted by No. 72/2013 s. 3(b). destruction, in relation to any sample taken or given and any related material and information, means— (a) the physical destruction of the sample; and
(b) the removal from any DNA database on which matching occurs of any DNA profile derived from analysis of the sample; and (c) the destruction of the DNA profile in any form that can readily be recombined with information that identifies the person from whom the sample was taken or who gave the sample, except for a DNA profile held on an electronic system used for forensic analysis by the Victoria Police Forensic Services Department; 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)), 26/2014 s. 455(Sch. item 7.2(c)). 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) a patient within the meaning of the Mental Health Act 2014; 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 held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; s. 464 S. 464(2) def. of intimate sample inserted by No. 129/1993 s. 6(c). intimate sample means— (a) a blood sample; (b) a sample of pubic hair, including the root if required;
S. 464(2) def. of non-intimate sample inserted by No. 129/1993 s. 6(e). non-intimate sample means— (a) a sample of hair, other than pubic hair, including the root if required; (b) a sample of matter taken from under a fingernail or toenail; (c) a swab, washing or sample taken from any external part of the body other than the genital or anal region of a male or female or the breast of a female; S. 464(2) def. of nurse inserted by No. 81/1997 s. 16(c), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(c)), substituted by No. 13/2010 s. 51(Sch. item 17.3(c)). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); s. 464 S. 464(2) def. of participating jurisdiction inserted by No. 16/2002 s. 5. participating jurisdiction means the Commonwealth, another State or a Territory in which there is a corresponding law in force; S. 464(2) def. of physical examination inserted by No. 129/1993 s. 6(e). physical examination means an examination of the external part of a person's body requiring touching of the person or removal of the person's clothing; police gaol has the same meaning as in the Corrections Act 1986;
S. 464(2) def. of statistical index inserted by No. 16/2002 s. 5. statistical index means an index of information that— s. 464 (a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and (b) has been compiled for statistical purposes; and (c) cannot be used to discover the identity of persons from whom the forensic material was taken; S. 464(2) def. of suspect inserted by No. 38/1988 s. 5(b), amended by Nos 25/1989 s. 14(a), 72/2004 s. 25. suspect means a person of or above the age of 18 years who— (a) is suspected of having committed an offence; or (b) has been charged with an offence; or (c) has been summonsed to answer to a charge; S. 464(2) def. of suspects index inserted by No. 16/2002 s. 5, amended by No. 27/2006 s. 3(b). suspects index means an index of DNA profiles derived from forensic material taken from suspects in accordance with section 464R, 464T or 464U or under a corresponding law of a participating jurisdiction or taken from persons found not guilty because of mental impairment in accordance with section 464ZFAAA; S. 464(2) def. of tape recording repealed by No. 27/2006 s. 3(c). * * * * *
Note to s. 464A inserted by No. 25/2014 s. 14. Note Section 78D of the Corrections Act 1986 provides for the application of section 464A in relation to persons detained under that Act. S. 464B inserted by No. 37/1988 s. 5. 464B Questioning or investigation of person already held for another matter s. 464B S. 464B(1) amended by Nos 56/1989 s. 286(Sch. 2 item 7.5), 57/1989 s. 5(1)(b)(i), 86/2000 s. 4(1)(a). (1) An investigating official may apply to the Magistrates' Court or, if the application is in respect of a child, the Children's Court for an order that a person— S. 464B(1)(a) substituted by No. 86/2000 s. 4(1)(b). (a) who is— (i) held in a prison or police gaol; or S. 464B (1)(a)(ii) amended by No. 23/2006 s. 236(5). (ii) a forensic resident or a security resident within the meaning of the Disability Act 2006; or S. 464B(1) (a)(iii) substituted by No. 26/2014 s. 455(Sch. item 7.3). (iii) a forensic patient or a security patient within the meaning of the Mental Health Act 2014; and S. 464B(1) (a)(iv) repealed by No. 26/2014 s. 455(Sch. item 7.3). * * * * * 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
except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or S. 464J(ba) inserted by No. 69/2009 s. 50. (ba) the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. S. 464JA inserted by No. 87/2009 s. 4. 464JA Offences in relation to recordings s. 464JA (1) In this section— S. 464JA(1) def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1), 37/2014 s. 10(Sch. item 36.19(a)). authorised person means— (a) a member of Victoria Police personnel (other than a protective services officer); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) the Director of Public Prosecutions for or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
S. 464JB inserted by No. 87/2009 s. 4. 464JB Court may give directions in relation to a recording s. 464JB (1) In this section— recording has the same meaning as in section 464JA. (2) A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. S. 464JC inserted by No. 87/2009 s. 4. 464JC Retention of copy of recording (1) In this section— authorised person has the same meaning as in section 464JA; court means— (a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court; S. 464JC(1) def. of Department Head inserted by No. 64/2010 s. 4(1). Department Head has the same meaning as in the Public Administration Act 2004; recording has the same meaning as in section 464JA. S. 464JC(2) amended by Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item 36.20). (2) The Chief Commissioner of Police must keep a copy of a recording, if the recording has been made by a police officer in the course of an investigation, in safe custody.
S. 464K(2)(d) amended by No. 37/2014 s. 10(Sch. item 36.22(a)). (d) that if the person refuses to give his or her fingerprints voluntarily, a police officer may use reasonable force to obtain them; and (e) that if the person is not charged with a relevant offence within 6 months or is so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence before the end of that period, the fingerprints will be destroyed. s. 464K S. 464K(3) amended by No. 37/2014 s. 10(Sch. item 36.22(a)). (3) Subject to subsection (4), the police officer who informs a person of the matters in subsection (2) must— S. 464K(3)(a) substituted by No. 27/2006 s. 17(9). (a) record (whether by audio recording or audiovisual recording); or (b) record in writing signed by the person— the giving of that information and the person's responses, if any. S. 464K(4) amended by No. 27/2006 s. 17(10). (4) If a person is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (2) and the person's responses, if any, must be recorded by audio recording or audiovisual recording. S. 464K(5) amended by Nos 27/2006 s. 17(11)(a), 37/2014 s. 10(Sch. item 36.22(a)). (5) If information and a person's responses are recorded by audio recording or audiovisual recording in accordance with this section, the police officer giving the information must give or send by post to the person or his or her legal practitioner without charge—
S. 464L inserted by No. 38/1988 s. 4, amended by No. 23/1991 s. 5(a)(b), substituted by No. 129/1993 s. 7. 464L Fingerprinting of children aged 14 or under (1) A child under the age of 10 years who is suspected of having done or omitted to have done any act which would have constituted an offence had the child been of the age of criminal responsibility must not— (a) be requested to give his or her fingerprints; or (b) have his or her fingerprints taken. S. 464L(2) amended by No. 37/2014 s. 10(Sch. item 36.23(a)). (2) A police officer may take, or cause to be taken by an authorised person, the fingerprints of a child aged 10 years or more but under 15 years who— (a) is believed on reasonable grounds to have committed; or (b) has been charged with; or (c) has been summonsed to answer to a charge for— an indictable offence or a summary offence referred to in Schedule 7 if— s. 464L (d) both the child and a parent or guardian of the child consent; or (e) where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5). S. 464L(3) amended by No. 37/2014 s. 10(Sch. item 36.23(a)). (3) A police officer wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian of the child in language likely to be understood by each of them— (a) of the purpose for which the fingerprints are required; and
commission of the offence, material from the body or clothing of the victim is present— (A) on the person who committed the offence or on anything reasonably believed to have been worn or carried by that person when the offence was committed; or S. 464T(3)(c) (ii)(B) amended by No. 81/1997 s. 17(2). (B) on an object reasonably believed to have been associated with the commission of the offence; or S. 464T(3) (c)(iii) inserted by No. 81/1997 s. 17(3). (iii) the victim of the offence has not been found, and there are reasonable grounds to believe that material reasonably believed to be from the body of the victim is present on a person suspected of having committed the offence; or S. 464T(3) (c)(iv) inserted by No. 81/1997 s. 17(3). (iv) the offence in respect of which the application is made is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I and there are reasonable grounds to believe that the conduct of the procedure on the person may be relevant in determining the paternity of a child that has been conceived allegedly as a result of the offence; and s. 464T (d) in the case of an application to take a sample or washing from the skin to determine the presence of gunshot residue, a firearm was discharged during the commission of the offence; and (e) in the case of an application to conduct a physical examination, the person who committed the offence had distinguishing
(e) not later than the day following the making of the order, send the form of order, if any, completed by the applicant to the magistrate or Children's Court magistrate who constituted the court that made the order. S. 464W(9) amended by No. 37/2014 s. 10(Sch. item 36.30(c)). (9) A police officer who informs a person of the matters in subsection (8)(c)— S. 464W(9)(a) amended by No. 27/2006 s. 17(20)(a). (a) must record the giving of the information by audio recording or audiovisual recording or in writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— S. 464W(9) (b)(i) amended by No. 27/2006 s. 17(20)(b). (i) if the giving of the information is recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information is recorded in writing, a copy of the record forthwith. (10) If an application is made by telephone, whether or not an interim order is made, the applicant must, not later than the day following the making of the application, send the affidavit duly sworn to the magistrate or Children's Court magistrate who constituted the court that heard the application. S. 464X inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464X Warrants s. 464X (1) If an application is made to— (a) the Magistrates' Court under section 464T(1) or 464V(2); or
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 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 practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a
S. 464Z(9) inserted by No. 16/2002 s. 7(6). (9) If a scraping is to be taken from a person's mouth and the person is to take it, the witness required by subsection (6)(ab) to be present need not be of the same sex as the person. S. 464ZA (Heading) inserted by No. 41/2004 s. 14(1). S. 464ZA inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZA Execution of authorisation or order s. 464ZA S. 464ZA(1) amended by No. 81/1997 s. 22(1)(a)(b), substituted by No. 41/2004 s. 14(2), amended by Nos 13/2010 s. 51(Sch. item 17.7), 37/2014 s. 10(Sch. item 36.33(a)). (1) If— (a) a senior police officer gives an authorisation under section 464SA for the conduct of a non-intimate compulsory procedure; or (b) a court makes an order under section 464T(3), 464U(7) or 464V(5) for the conduct of a compulsory procedure; or S. 464ZA(1)(c) amended by No. 27/2006 s. 6(a). (c) a court makes an order under section 464ZF or 464ZFAAA for the conduct of a forensic procedure— a police officer, with such assistance as he or she considers necessary, may use reasonable force to assist a medical practitioner, nurse, midwife, dentist or person authorised under section 464Z to conduct the procedure. S. 464ZA(2) amended by No. 37/2014 s. 10(Sch. item 36.33(b)). (2) If practicable, a police officer acting in accordance with subsection (1) and any person assisting the police officer— (a) must be of the same sex as the person on whom the procedure is to be conducted; and
S. 464ZA(6)(a) amended by Nos 41/2004 s. 14(4)(b), 27/2006 s. 17(27), 37/2014 s. 10(Sch. item 36.33(c)). (a) if the procedure was recorded by audiovisual recording, the person who recorded the conduct of the procedure, or the police officer who witnessed the conduct of the procedure, must endorse on the authorisation or order his or her own name and sign the endorsement; or S. 464ZA(6)(b) amended by Nos 41/2004 s. 14(4)(b), 13/2010 s. 51(Sch. item 17.9). (b) if an independent medical practitioner, nurse, midwife, dentist or other person witnessed the conduct of the procedure, the witness must endorse on the authorisation or order his or her own name and sign the endorsement. S. 464ZA(6A) inserted by No. 81/1997 s. 22(3), amended by Nos 41/2004 s. 14(5), 37/2014 s. 10(Sch. item 36.33(c)). (6A) A police officer must give a copy of the authorisation or order so endorsed to the person on whom the procedure was conducted. s. 464ZA S. 464ZA(7) amended by Nos 81/1997 s. 22(4), 41/2004 s. 14(6)(a)(b), 27/2006 s. 17(28). (7) If a compulsory or forensic procedure conducted in accordance with an authorisation of a senior police officer or an order of a court is recorded by audiovisual recording, the applicant for the authorisation or order must— (a) without charge; and (b) as soon as practicable but not more than 7 days after the procedure was conducted— give or send by registered post a copy of the audiovisual recording to the person on whom the procedure was conducted or his or her legal practitioner.
S. 464ZE (1)(ab) inserted by No. 80/1998 s. 3(b). (ab) a copy of a forensic report relating to the procedure required by section 464ZD to be given or sent by registered post to a person had not been given or sent to that person before the end of the period of 7 days after its receipt by the prosecution; or (b) the procedure was not conducted in accordance with the prescribed standards, if any; or (c) any sample taken was not analysed— (i) in accordance with the prescribed standards, if any; or (ii) if the regulations so require, by an analyst authorised under section 464ZB; or S. 464ZE(1)(d) amended by Nos 81/1997 s. 24(1)(c), 27/2006 s. 8. (d) any sample taken and any information which may identify the person contained in— (i) any record of or report relating to the forensic procedure; or (ii) any copy of such a record or report— should have been but has not been destroyed as required by section 464ZF, 464ZFAAA, 464ZFC, 464ZG, 464ZGA or 464ZGE; or (e) the evidence was obtained as a result of a procedure conducted in accordance with an interim order which subsequently is not confirmed under section 464V(7). S. 464ZE(2) amended by Nos 81/1997 s. 24(2)(a), 80/1998 s. 3(c). s. 464ZE (2) A court may admit evidence obtained as a result of a forensic procedure, or from a sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, otherwise inadmissible by reason of subsection (1)(a) or (1)(ab) if—
S. 464ZE(3) substituted by No. 81/1997 s. 24(3). (3) The probative value of the evidence does not by itself justify the reception of the evidence. S. 464ZE(4) amended by No. 27/2006 s. 17(29). (4) If the conduct of a forensic procedure is recorded by audiovisual recording, the recording is inadmissible as evidence except— (a) to establish or rebut an allegation that unreasonable force was used to enable the procedure to be conducted; or (b) to determine the admissibility of a confession or admission or other evidence adverse to the accused where the accused alleges that the evidence was induced or obtained by the use of unreasonable force. (5) If evidence obtained as a result of a forensic procedure conducted on a person would be admissible in proceedings against that person for an offence, that evidence is admissible in proceedings against that person for a relevant offence within the meaning of section 464ZG. (6) Evidence obtained as a result of a physical examination conducted in good faith on a person for the purposes of medical or dental treatment is admissible in proceedings against that person for an offence. S. 464ZF inserted by No. 84/1989 s. 5, substituted by Nos 129/1993 s. 7, 81/1997 s. 25. 464ZF Forensic procedure following the commission of forensic sample offence s. 464ZF (1) In this section— S. 464ZF(1) def. of child amended by No. 72/2004 s. 31(1). child means a child aged 10 years or more but under 18 years;
S. 464ZFAAA (2) amended by No. 37/2014 s. 10(Sch. item 36.34). (2) If a court finds a person not guilty because of mental impairment of— S. 464ZFAAA (2)(a) amended by No. 72/2013 s. 10(2). (a) a forensic sample offence (within the meaning of that term as then in force); or (b) an offence of conspiracy to commit, incitement to commit or attempting to commit a forensic sample offence— s. 464ZFAAA a police officer, at any time following that finding but not later than 6 months after the final determination of an appeal or the expiration of any appeal period (whichever is the later), may apply to the court for an order directing the person to undergo a forensic procedure for the taking of a sample from any part of the body and the court may make an order accordingly. S. 464ZFAAA (3) amended by No. 37/2014 s. 10(Sch. item 36.34). (3) In an application under subsection (2), the police officer must specify the type of sample (whether intimate or non-intimate) sought to be taken in the forensic procedure. (4) Notice of an application under subsection (2)— (a) must be served on the person in respect of whom the order is sought and, if the person is a child, on a parent or guardian of the child; and (b) must include a requirement that the person in respect of whom the order is sought attend the hearing of the application in person or by his or her legal practitioner.
S. 464ZFB(2B) inserted by No. 27/2006 s. 11(4). (2B) An order made under subsection (1A) before the expiry of the appeal period in respect of the verdict of not guilty because of mental impairment or the final determination of an appeal against the verdict (whichever is later)— (a) takes effect on that expiry or final determination; and (b) has no effect if, on appeal, the verdict of not guilty because of mental impairment is set aside. S. 464ZFB(3) amended by No. 27/2006 s. 11(5). (3) If a court makes an order under subsection (1) or (1A), it must give reasons for its decision and cause a copy of the order and reasons to be served on the person on whom the forensic procedure was conducted. (4) A failure of a court to comply with subsection (3) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a). S. 464ZFC (Heading) inserted by No. 27/2006 s. 12(1). S. 464ZFC inserted by No. 81/1997 s. 26. 464ZFC Destruction of information following finding of guilt etc. s. 464ZFC (1) Subject to section 464ZFD(2), if— S. 464ZFC (1)(aa) inserted by No. 72/2013 s. 12(a). (aa) a finding of guilt, a conviction or a verdict of not guilty because of mental impairment referred to in section 464ZFB(1AA) is set aside on appeal; or S. 464ZFC (1)(a) amended by Nos 27/2006 s. 12(2), 37/2014 s. 10(Sch. item 36.37). (a) a police officer does not make an application under section 464ZFB(1) or (1A) within the period specified by that subsection; or
S. 464ZFD (Heading) substituted by No. 32/2007 s. 5(1). S. 464ZFD inserted by No. 81/1997 s. 26. 464ZFD Victorian DNA database s. 464ZFD S. 464ZFD (1AA) inserted by No. 32/2007 s. 5(2). (1AA) The Chief Commissioner of Police may keep a DNA database system. S. 464ZFD(1) amended by Nos 27/2006 s. 13, 32/2007 s. 5(3). (1) Information (including information which may identify the person on whom a forensic procedure was conducted) obtained from the analysis of samples taken or procedures conducted in accordance with sections 464R to 464ZA, section 464ZF or 464ZFAAA or sections 464ZGB to 464ZGD (as the case may be), and which in accordance with this Subdivision may be retained, may be included in the DNA database system kept under subsection (1AA). S. 464ZFD(2) amended by Nos 16/2002 s. 14, 32/2007 s. 5(4). (2) Information (other than information which may identify the person on whom a forensic procedure was conducted) obtained from the analysis of samples taken or procedures conducted in accordance with this Subdivision may be retained and included in the DNA database system kept under subsection (1AA) for statistical purposes. S. 464ZFE inserted by No. 81/1997 s. 26. 464ZFE Report to Attorney-General The Chief Commissioner of Police, on or as soon as practicable after 1 January, 1 April, 1 July and 1 October of each year, must submit to the Attorney-General a report that contains— (a) a list that identifies by a unique identifying number every sample taken in accordance with this Subdivision within the period to which the report relates; and
S. 464ZG(3) amended by No. 81/1997 s. 27(2)(a)(c). (3) Subject to section 464ZFD(2), if a forensic procedure has been conducted on a person and— S. 464ZG(3)(a) amended by No. 81/1997 s. 27(2)(b). (a) the person has not been charged with a relevant offence at the end of the period of 12 months after the conduct of the procedure; or S. 464ZG(3)(b) amended by No. 27/2006 s. 14. (b) the person has been so charged but the charge is not proceeded with or the person is not found guilty (except because of mental impairment) of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period— s. 464ZG the Chief Commissioner of Police, subject to subsection (5), must destroy, or cause to be destroyed, at the time specified in subsection (4) any sample taken and any related material and information. S. 464ZG(4) amended by No. 81/1997 s. 27(3)(a). (4) A sample and any related material and information referred to in subsection (3) must be destroyed— S. 464ZG(4)(a) amended by No. 81/1997 s. 27(3)(b). (a) in a case to which subsection (3)(a) applies, immediately after that period of 12 months; or (b) in a case to which subsection (3)(b) applies— (i) within 1 month after the conclusion of the proceedings and the end of any appeal period; or (ii) if the proceedings have been adjourned under section 75 of the Sentencing Act 1991, within 1 month of dismissal under that section.
S. 464ZGB (3)(g) amended by No. 37/2014 s. 10(Sch. item 36.37). (g) that where the person withdraws his or her consent to the retention of the sample, a police officer may nevertheless apply to a court for an order to retain the sample and any related material and information; s. 464ZGB S. 464ZGB (3)(h) amended by No. 13/2010 s. 51(Sch. item 17.10). (h) that the person may request that the sample be taken by or in the presence of a medical practitioner, nurse, midwife or dentist of his or her choice. S. 464ZGB(4) amended by No. 37/2014 s. 10(Sch. item 36.37). (4) A police officer who informs a person of the matters in subsection (3) must— (a) record the giving of the information and the person's responses, if any— (i) in writing signed by both the person and the independent person witnessing the giving of the consent; and S. 464ZGB (4)(a)(ii) substituted by No. 27/2006 s. 17(30)(a). (ii) by audiovisual recording, if practicable, or otherwise by audio recording; and (b) give or send by registered post to the person or his or her legal practitioner, without charge— S. 464ZGB (4)(b)(i) amended by No. 27/2006 s. 17(30)(b). (i) a copy of the audiovisual recording or audio recording as soon as practicable, but not more than 7 days after the information is given; and (ii) a copy of the written record, signed by both the person and the independent person, forthwith.
Heading preceding s. 464ZGG inserted by No. 16/2002 s. 16, amended by No. 32/2007 s. 6. DNA database systems S. 464ZGG inserted by No. 16/2002 s. 16. 464ZGG Supply of forensic material for purposes of DNA database s. 464ZGG (1) In this section— S. 464ZGG(1) def. of excluded forensic material amended by No. 27/2006 s. 15. excluded forensic material means forensic material— (a) found at a crime scene; or (b) taken from a suspect in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; or (c) taken from an offender under section 464ZF or 464ZGB or under a corresponding law of a participating jurisdiction; or (ca) taken from a person under section 464ZFAAA following a finding of not guilty because of mental impairment; or (d) taken from the body of a deceased person; or (e) from the body of a missing person; or (f) taken from a volunteer who is a relative by blood of a deceased or missing person; prohibited analysis means analysis for the purpose of deriving a DNA profile for inclusion on a DNA database when the
S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE s. 464ZGI Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes (2) A person— S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2). (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and (b) who intends or is reckless as to any such matching of profiles— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
S. 464ZGK (Heading) amended by No. 32/2007 s. 10(1). S. 464ZGK inserted by No. 16/2002 s. 16. 464ZGK Disclosure of Victorian information s. 464ZGK (1) A person who— S. 464ZGK (1)(a) substituted by No. 32/2007 s. 10(2). (a) has access to Victorian information; and S. 464ZGK (1)(b) amended by No. 32/2007 s. 10(3). (b) intentionally or recklessly causes the disclosure of the Victorian information other than as provided by this section— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGK(2) amended by No. 32/2007 s. 10(4). (2) A person may only disclose Victorian information stored on a DNA database for one or more of the following purposes— S. 464ZGK (2)(a) amended by No. 37/2014 s. 10(Sch. item 36.40). (a) forensic comparison in the course of a criminal investigation by a police officer or any other person authorised in writing by the Chief Commissioner of Police; (b) making the information available, in accordance with the regulations, to the person to whom the information relates; S. 464ZGK (2)(c) substituted by No. 32/2007 s. 10(5). (c) administering the DNA database; S. 464ZGK (2)(d) substituted by No. 32/2007 s. 10(5). (d) in accordance with an agreement entered into under section 464ZGN;
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. S. 464ZGM inserted by No. 16/2002 s. 16. 464ZGM Carrying out of registered orders (1) A person is authorised to carry out the forensic procedure authorised by an order that is registered in accordance with an arrangement referred to in section 464ZGL(1) anywhere in . The person is authorised to carry out the procedure in accordance with sections 464Y, 464Z and 464ZA and not otherwise.
S. 469AA(3) amended by No. 68/2009 s. 97(Sch. item 40.41). (3) If the conviction is set aside on appeal, the order for seizure and destruction shall be ipso facto vacated. S. 469A inserted by No. 7088 s. 2(f), amended by No. 57/1989 s. 3(Sch. item 42.62). 469A Power of persons to search aircraft (1) If, the person in command of the aircraft or any person authorized in writing in a particular case by a magistrate reasonably suspects that an offence involving the safety of an aircraft has been, is being or may be committed on board or in relation to an aircraft, he may, with such assistance as is necessary, search or cause to be searched— (a) the aircraft and any person, luggage or freight on board the aircraft; and (b) any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft. (2) A female shall not be searched under the last preceding subsection except by a female. (32) Search warrants for women and girls No. 6103 s. 470. 470 Power of search when female unlawfully detained for immoral purposes S. 470(1) amended by No. 57/1989 s. 3(Sch. item 42.63(a)–(d)). s. 469A (1) If it appears to a magistrate, on the evidence on oath or by affidavit of any parent relative or guardian of any woman or girl or by any other person who in the opinion of the magistrate is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place, he may issue a warrant authorizing any person named therein to search for and when found to take to and detain in a place of safety such woman or girl
(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 s. 493 Every sentence of imprisonment which is passed for any indictable offence every sentence of attendance at an attendance centre, every award of imprisonment or attendance at an attendance centre, and every direction for detention in a youth justice centre within the meaning of the Children, Youth and Families Act 2005 for any offence punishable on summary conviction, shall be carried out in the manner for the time being provided by any Acts in force relating to prisons or penal establishments in that behalf according to the tenor of every such sentence.
S. 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;
dates, one before and one after the commencement of the Crimes (Homicide) Act 2005, the offence is alleged to have been committed before that commencement. S. 604 inserted by No. 14/2006 s. 15. 604 Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006 s. 604 The amendments made to this Act by sections 13 and 14 of the Justice Legislation (Miscellaneous Amendments) Act 2006 only apply to appeals for which the notice of appeal or notice of application for leave to appeal is given after the commencement of those sections. S. 605 inserted by No. 27/2006 s. 18. 605 Transitional provision—Justice Legislation (Further Miscellaneous Amendments) Act 2006 (1) The amendments made to this Act by sections 3(b), 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the Justice Legislation (Further Miscellaneous Amendments) Act 2006 only apply with respect to findings of not guilty because of mental impairment on or after the commencement of that Act. (2) The amendments made to this Act by sections 3(c) and 17 of the Justice Legislation (Further Miscellaneous Amendments) Act 2006 only apply to recordings made on or after the commencement of that Act. S. 606 inserted by No. 50/2006 s. 11. 606 Transitional provision—Courts Legislation (Jurisdiction) Act 2006 (1) Section 353(2B) applies with respect to an offence for which a presentment is served on or after the commencement of section 6 of the Courts Legislation (Jurisdiction) Act 2006, irrespective of when the offence is alleged to have been committed. (2) The amendments made to this Act by section 7 of the Courts Legislation (Jurisdiction) Act 2006
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Abolition of Obsolete Offences Act 1969, No. 7884/1969 Assent Date: 2.12.69 Commencement Date: 2.12.69 : All of Act in operation Legal Aid Act 1969, No. 7919/1969 Assent Date: 16.12.69 Commencement Date: All of Act (except Pt 1) on 1.6.70: Government Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70 p. 3073 : All of Act in operation Crimes (Amendment) Act 1970, No. 7994/1970 Assent Date: 4.11.70 Commencement Date: 4.11.70 : All of Act in operation Criminal Appeals Act 1970, No. 8063/1970 Assent Date: 22.12.70 Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830 : All of Act in operation Motor Car (Driving Offences) Act 1971, No. 8143/1971 Assent Date: 4.5.71 Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502 : All of Act in operation Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Endnotes Justices Act 1972, No. 8275/1972
Assent Date: 16.5.75 Commencement Date: S. 173(Sch. 3) on 1.7.76: Government Gazette 24.3.76 p. 848 : This information relates only to the provision/s amending the Crimes Act 1958 Constitution Act 1975, No. 8750/1975 Assent Date: 19.11.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Crimes Act 1976, No. 8870/1976 Assent Date: 16.6.76 Commencement Date: Ss 1–3, 5, 7, 8 on 1.3.77: Government Gazette 26.1.77 p. 177; s. 4 on 1.7.76: s. 4(5); s. 6 on 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Rape Offences (Proceedings) Act 1976, No. 8950/1976 Assent Date: 14.12.76 Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Magistrates' Courts (Commitment) Act 1977, No. 8998/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Bail Act 1977, No. 9008/1977 Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2 : All of Act in operation Crimes (Armed Robbery) Act 1977, No. 9048/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77: subject to s. 2(2) : All of Act in operation Endnotes Crimes (Married Persons' Liability) Act 1977, No. 9073/1977
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 9 on 1.7.06: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 14) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: Ss 3–19B, 42 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Document Destruction) Act 2006, No. 6/2006 Assent Date: 4.4.06 Commencement Date: S. 3 on 1.9.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006 Assent Date: 11.4.06 Commencement Date: Ss 13–15 on 12.4.06: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: S. 236 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006 Assent Date: 6.6.06 Commencement Date: Ss 3–18 on 30.6.06: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 9) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958