247E Possession of data with intent to commit serious computer offence 194 247F Producing, supplying or obtaining data with intent to commit serious computer offence 195 247G Unauthorised access to or modification of restricted data 196 247H Unauthorised impairment of data held in computer disk, credit card or other device 196 247I Extra-territorial operation of offences 197 (7) Sabotage 197 247J Interpretation 197 247K Sabotage 199 247L Threats to sabotage 199 Division 4—Contamination of goods 201 248 Interpretation 201 249 Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss 202 250 Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss 203 251 Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss 204 252 Territorial nexus for offences 205 Division 5—Destruction of evidence 205 253 Definitions 205 254 Destruction of evidence 207 255 Corporate criminal responsibility for offence against section 254 208 Division 6—Perjury 210 314 Perjury 210 315 All evidence material with respect to perjury 211 Division 7—Unlawful oaths 211 316 Unlawful oaths to commit treason, murder etc. 211 Division 8—Offences connected with explosive substances 214 317 Offences connected with explosive substances 214 317A Bomb hoaxes 217
S. 2A inserted by No. 7088 s. 2(a), amended by No. 9509 s. 4(a). 2A Definitions (1) In this Act unless inconsistent with the context or subject-matter— aircraft means every type of machine or structure used or intended to be used for navigation of the air; S. 2A(1) def. of baseline sentence inserted by No. 52/2014 s. 11. baseline sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991; S. 2A(1) def. of brothel inserted by No. 9509 s. 4(b), repealed by No. 124/1986 s. 74(a). * * * * * S. 2A(1) def. of drug of addiction inserted by No. 9509 s. 4(b), substituted by No. 9719 s. 135. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; S. 2A(1) def. of incite inserted by No. 10079 s. 8(a). incite includes command, request, propose, advise, encourage or authorize; S. 2A(1) def. of Juries inserted by No. 53/2000 s. 94(1). Juries Commissioner has the same meaning as in the Juries Act 2000;
S. 2A(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 27.1). legal practitioner means an Australian lawyer within the meaning of the Legal Profession Act 2004; S. 2A(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 36.1(a)). member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013; S. 2A(1) def. of motor car inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item 5.1). * * * * * S. 2A(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 5.1). motor vehicle has the same meaning as in the Road Safety Act 1986; S. 2A(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 36.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 2A(1) def. of prostitute, prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986 s. 74(a). * * * * *
(1) Homicide S. 3 substituted by Nos 8679 s. 2, 37/1986 s. 8, amended by Nos 49/1991 s. 119(1) (Sch.2 item 1(a)), 52/2014 s. 12 (ILA s. 39B(1)). 3 Punishment for murder (1) Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to— S. 3(a) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 1(b)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 1). (a) level 1 imprisonment (life); or S. 3(b) amended by No. 49/1991 s. 119(1) (Sch. 2 item 1(c)). (b) imprisonment for such other term as is fixed by the court— as the court determines. S. 3(2) inserted by No. 52/2014 s. 12, substituted by No. 69/2014 s. 11. (2) The baseline sentence for murder is— (a) 30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that— (i) the person murdered was an emergency worker on duty; and (ii) at the time of carrying out the conduct the accused knew or was reckless as to whether that person was an emergency worker; and (b) in any other case, 25 years.
S. 15 def. of injury substituted by No. 6/2013 s. 3(a). injury means— (a) physical injury; or (b) harm to mental health— whether temporary or permanent; S. 15 def. of medical practitioner inserted by No. 46/1996 s. 3. medical practitioner means— (a) a registered medical practitioner; or (b) in relation to the performance of female genital mutilation outside , a person who, in the place in which the female genital mutilation took place, holds an authority to practise medicine which is similar to that of a registered medical practitioner; S. 15 def. of medical procedure inserted by No. 58/2008 s. 10(1). medical procedure, in relation to paragraph (b) of the definition of serious injury, means— (a) an abortion performed by a registered medical practitioner in accordance with the Abortion Law Reform Act 2008; or (b) the administration or supply of a drug or drugs by a registered pharmacist or registered nurse in accordance with the Abortion Law Reform Act 2008 to cause an abortion; S. 15 def. of midwife inserted by No. 46/1996 s. 3. midwife means— (a) a registered midwife; or (b) in relation to the performance of female genital mutilation outside , a person who, in the place in which the female genital mutilation took place, holds an authority to practise midwifery which is similar to that of registered midwife;
3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. S. 15C inserted by No. 6/2013 s. 4. 15C Other offenders need not be prosecuted A person may be found guilty of an offence against section 15A or 15B whether or not any other person is prosecuted for or found guilty of the offence. S. 16 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 10). 16 Causing serious injury intentionally 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). Notes to s. 16 inserted by No. 69/2014 s. 8(3). Notes 1 Section 10AA(1) of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if a victim is an emergency worker on duty unless the court finds under section 10A of that Act that a special reason exists. 2 However, section 10AA(2) of the Sentencing Act 1991 allows a youth justice centre order for a term of 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim is an emergency worker on duty. 3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AA(1) or (2) of that Act do not apply and the court has full sentencing discretion.
S. 21 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 13), 48/1997 s. 60(1)(Sch. 1 item 16). 21 Threats to inflict serious injury A person who, without lawful excuse, makes to another person a threat to inflict serious injury on that other person or any other person— (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 21A inserted by No. 95/1994 s. 3. 21A Stalking S. 21A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 14). (1) A person must not stalk another person. Level 5 imprisonment (10 years maximum). S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3). (2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following— (a) following the victim or any other person; S. 21A(2)(b) substituted by No. 105/2003 s. 3(1). (b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever; S. 21A(2)(ba) inserted by No. 105/2003 s. 3(1). (ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material— (i) relating to the victim or any other person; or
S. 21A(7) inserted by No. 105/2003 s. 5. (7) It is immaterial that the victim was outside at the time at which some or all of the course of conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in . S. 21A(8) inserted by No. 20/2011 s. 3(5). (8) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. Note to s. 21A inserted by No. 68/2008 s. 69(2), substituted by No. 53/2010 s. 221(Sch. item 4). Note The Personal Safety Intervention Orders Act 2010 provides that the Court within the meaning of that Act may make a personal safety intervention order in respect of stalking. S. 22 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14). 22 Conduct endangering life A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 16). 23 Conduct endangering persons A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence. Level 6 imprisonment (5 years maximum).
(b) with a threat in circumstances where, if the threat were carried out, the life of a person (other than the offender or an accomplice of the offender) would be endangered— is guilty of an indictable offence. Level 4 imprisonment (15 years maximum). S. 28 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 14). 28 Extortion with threat to destroy property etc. A person who makes a demand of another person with a threat to destroy, or endanger the safety of, a building, structure in the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway engine or railway carriage is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 29 substituted by No. 10233 s. 8(2). 29 Using firearm to resist arrest etc. S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1) (Sch. 2 item 10), 48/1997 s. 60(1)(Sch. 1 item 15), 69/1997 s. 22(1). (1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum). S. 29(2) amended by No. 25/1989 s. 20(a). (2) A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence.
New s. 32 inserted by No. 46/1996 s. 4. 32 Offence to perform female genital mutilation S. 32(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 18). (1) A person must not perform female genital mutilation on a child. Level 4 imprisonment (15 years maximum). S. 32(2) amended by No. 48/1997 s. 60(1)(Sch. 1 item 18). (2) A person must not perform on a person other than a child any type of female genital mutilation referred to in paragraphs (a) to (e) of the definition of female genital mutilation. Level 4 imprisonment (15 years maximum). New s. 33 inserted by No. 46/1996 s. 4. 33 Offence to take a person from the State with the intention of having prohibited female genital mutilation performed S. 33(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 18). (1) A person must not take another person from the State, or arrange for another person to be taken from the State, with the intention of having prohibited female genital mutilation performed on the other person. Level 4 imprisonment (15 years maximum). S. 33(2) amended by No. 68/2009 s. 97(Sch. item 40.2). (2) In proceedings for an offence under subsection (1), proof that— S. 33(2)(a) amended by No. 68/2009 s. 97(Sch. item 40.2). (a) the accused took the person, or arranged for the person to be taken from the State; and
S. 44(1A) inserted by No. 52/2014 s. 13(1). (1A) The baseline sentence for an offence under subsection (1) is 10 years if the court is satisfied beyond reasonable doubt that the victim was, at the time of the offence, under the age of 18. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(1B) inserted by No. 52/2014 s. 13(1). (1B) The circumstance described in subsection (1A)— (a) is to be determined by the jury if the accused pleads not guilty to the offence; and (b) is to be determined by the trial judge if the accused pleads guilty to the offence. S. 44(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (2) A person must not take part in an act of sexual penetration with a person under the age of 18 whom he or she knows to be the child or other lineal descendant or the step-child of his or her de facto spouse. Level 2 imprisonment (25 years maximum). S. 44(2A) inserted by No. 52/2014 s. 13(2). (2A) The baseline sentence for an offence under subsection (2) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(3) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (3) A person who is aged 18 or older must not take part in an act of sexual penetration with a person whom he or she knows to be his or her father or mother or other lineal ancestor or his or her stepfather or step-mother. Level 6 imprisonment (5 years maximum).
Pt 1 Div. 1 Subdiv. (8EA) (Heading and s. 60B) inserted by No. 129/1993 s. 10. (8EA) Loitering by sexual offender S. 60B inserted by No. 129/1993 s. 10. 60B Loitering near schools etc. S. 60B(1) substituted by No. 65/1998 s. 3(1). (1) In this section, sexual offence means— S. 60B(1)(a) amended by No. 67/2000 s. 7(1). (a) an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or S. 60B(1)(b) amended by No. 67/2000 s. 7(2). (b) any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or (c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b). S. 60B(2) amended by Nos 48/1997 s. 60(1)(Sch. 1 item 38), 69/1997 s. 22(4), 65/1998 s. 3(2)(b). (2) A person who— (a) has been found guilty of— (i) a sexual offence; or
No person who has claimed any right to the possession of such child, or is the mother or has claimed to be the father of an illegitimate child, shall be liable to be prosecuted under this or the next succeeding subsection on account of the getting possession of such child or taking such child out of the possession of any person having the lawful care or charge thereof. S. 63(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 30(b)), 48/1997 s. 60(1)(Sch. 1 item 39(b)). (2) Whosoever unlawfully takes decoys or entices away any child under the age of sixteen years out of the possession and against the will of the child's parent or guardian or of any other person having the lawful care or charge of the child shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 1 Subdiv. (9A) (Heading and s. 63A) inserted by No. 6731 s. 2(2). (9A) Kidnapping S. 63A inserted by No. 6731 s. 2(2), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 30A), 48/1997 s. 60(1)(Sch. 1 item 40). 63A Kidnapping Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
(b) a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the Abortion Law Reform Act 2008. (4) In this section— abortion has the same meaning as in the Abortion Law Reform Act 2008; perform an abortion includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion; S. 65(4) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 17.2). 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. 65(4) def. of registered nurse substituted by No. 13/2010 s. 51(Sch. item 17.2). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student); S. 65(4) def. of registered pharmacist substituted by No. 13/2010 s. 51(Sch. item 17.2). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); woman means a female person of any age.
S. 70(3) amended by No. 20/2004 s. 6(2). (3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years. S. 70(4) substituted by No. 69/2001 s. 20(2). (4) Nothing in this section makes it an offence for— (a) any member or officer of a law enforcement agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law. S. 70(5) inserted by No. 77/2013 s. 16. (5) Nothing in this section makes it an offence for any of the following to have child pornography in his or her possession— (a) any of the following persons— (i) the Director of Public Prosecutions; (ii) the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
Heading preceding s. 74 inserted by No. 8425 s. 2(1)(b). Theft, robbery, burglary, &c. S. 74 amended by No. 8280 s. 8, substituted by No. 8425 s. 2(1)(b), amended by Nos 9576 s. 11(1), 36/1988 s. 4(a). 74 Theft S. 74(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 52). (1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 74(2) inserted by No. 36/1988 s. 4(b). (2) Section 80A applies as if the reference in that section to sections 81–87 (both inclusive) were a reference to this section. S. 74A inserted by No. 9/2008 s. 10, amended by No. 37/2014 s. 10(Sch. item 36.6), repealed by No. 27/2011 s. 5. * * * * *
S. 77 substituted by No. 8425 s. 2(1)(b). 77 Aggravated burglary S. 77(1) amended by Nos 9008 s. 2(1) (Sch. item 2(a)), 9048 s. 4(a)(b), 9323 s. 2(b), 66/1996 s. 201(2), substituted by No. 48/1997 s. 54. (1) A person is guilty of aggravated burglary if he or she commits a burglary and— (a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or (b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present. S. 77(1A) inserted by No. 48/1997 s. 54. (1A) For the purposes of subsection (1)— explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose; firearm has the same meaning as in the Firearms Act 1996; imitation explosive means any article which might reasonably be taken to be or to contain an explosive; imitation firearm means anything which has the appearance of being a firearm, whether capable of being discharged or not; offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.
(3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it. S. 78(4) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 43), 48/1997 s. 60(1)(Sch. 1 item 57). (4) A person guilty of an offence under this section is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 79 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1), repealed by No. 10084 s. 4. * * * * * S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1). 80 Unlawfully taking control of an aircraft S. 80(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 58(a)). (1) A person who without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice to the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to level 4 imprisonment (15 years maximum).
S. 83A(4) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (4) A person must not use a copy of a document which is, and which he or she knows to be, a false document, with the intention of inducing another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Level 5 imprisonment (10 years maximum). S. 83A(5) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5) A person must not have in his or her custody, or under his or her control, a document which is, and which he or she knows to be, false, with the intention that the person or another shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's, prejudice. Level 5 imprisonment (10 years maximum). S. 83A(5A) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5A) A person must not, with the intention that he or she may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by him or her, would be false. Level 5 imprisonment (10 years maximum).
No. 6103 s. 176. 176 Receipt or solicitation of secret commission by an agent an indictable offence (1) Whosoever being an agent corruptly receives or solicits from any person for himself or for any other person any valuable consideration— (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (b) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business; or S. 176(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988 s. 8(a)(i)–(iii), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68). (2) Whosoever corruptly gives or offers to any agent any valuable consideration— (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (b) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business— shall be guilty of an indictable offence, and shall— be liable if a corporation to a level 5 fine and if any other person to level 5 imprisonment (10 years maximum) or a level 5 fine or both.
S. 182(b) repealed by No. 36/1988 s. 8(f)(iii). * * * * * S. 183 repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * No. 6103 s. 184. 184 Protection of witness giving answers criminating himself A person who is called as a witness in any proceedings shall not be excused from answering any question relating to any offence under this subdivision on the ground that the answer thereto may criminate or tend to criminate him: Provided that— S. 184(a) amended by No. 57/1989 s. 3(Sch. item 42.6). (a) a witness who in the judgment of the court answers truly all questions which he is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered; and S. 184(b) amended by No. 57/1989 s. 3(Sch. item 42.6). (b) an answer by a person to a question put by or before the court in any proceeding under this subdivision shall not except in the said proceeding or in the case of any criminal proceedings for perjury in respect of such evidence be in any proceeding civil or criminal admissible in evidence against him. No. 6103 s. 185. S. 185 amended by No. 57/1989 s. 3(Sch. item 42.7). 185 Stay of proceedings against such witness When a person has received a certificate as aforesaid and any criminal proceeding is at any time instituted against him in respect of the
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 Subdivs (4)(5) (Headings and ss 208–210) repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdivs (6)(7) (Headings and ss 211–222) amended by No. 7876 s. 2(3), repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (8) (Heading and ss 223, 224) repealed by No. 9228 s. 2(1)(c). * * * * *
Pt 1 Div. 3 Subdiv. (14) (Heading and ss 237, 238) amended by Nos 8181 s. 2(1) (Sch. item 33), 8870 s. 2(1)(2), repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (15) (Heading and ss 239–243) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 244. S. 244 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 244 Altering signals or exhibiting false ones Whosoever unlawfully masks alters or removes any light or signal or exhibits any false light or signal with intent to bring any ship vessel or boat into danger, or unlawfully and maliciously does anything tending to the immediate loss or destruction of any ship vessel or boat and for which no punishment is hereinbefore provided, shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum). No. 6103 s. 245. S. 245 amended by Nos 8181 s. 2(1) (Sch. item 36), 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 52), 48/1997 s. 60(1)(Sch. 1 item 78). 245 Removing buoy etc. Whosoever unlawfully and maliciously cuts away casts adrift removes alters defaces sinks or destroys or in any other manner injures or conceals, or unlawfully and maliciously does any act with intent to cut away cast adrift remove alter deface sink destroy, or in any other manner injure or conceal, any boat buoy rope perch or mark used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
(3) In this section dangerous goods means— (a) firearms, ammunition, weapons and explosive substances; and (b) substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft. S. 246E inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 82). 246E Threats to safety of aircraft Any person who threatens, states that it is his intention, or makes a statement from which it could reasonably be inferred that it is his intention to destroy damage or endanger the safety of an aircraft or to kill or injure all or any of the persons on board an aircraft shall be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdiv. (15B) (Heading) inserted by No. 9155 s. 4(a), repealed by No. 9228 s. 2(1)(c). * * * * * S. 246F inserted by No. 7088 s. 2(d), substituted by No. 9155 s. 4(b), repealed by No. 9228 s. 2(1)(c). * * * * *
Pt 1 Div. 3 Subdiv. (5) (Heading) inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)). (5) False statements S. 247 repealed by No. 9228 s. 2(1)(c), new s. 247 inserted by No. 9228 s. 2(1)(h) (as amended by No. 9427 s. 6(1)), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 56), 48/1997 s. 60(1)(Sch. 1 item 83). 247 False statements Any person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect or from which it could reasonably be inferred that there has been or is to be a plan, proposal, attempt, conspiracy or threat to— (a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway; (b) destroy, damage or endanger the safety thereof; or (c) kill or injure all or any of the persons therein or thereon— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).
electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy; impairment, in relation to electronic communication to or from a computer, includes— (a) the prevention of any such communication; and (b) the impairment of any such communication on an electronic link or network used by the computer— but does not include a mere interception of any such communication; modification, in relation to data held in a computer, means— (a) the alteration or removal of the data; or (b) an addition to the data; serious computer offence means— (a) an offence against section 247B, 247C or 247D; or (b) conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against section 247B, 247C or 247D if the conduct occurred in Victoria; unauthorised computer function means any of the following— (a) any unauthorised access to data held in a computer; or (b) any unauthorised modification of data held in a computer; or
Pt 1 Div. 4 (Heading and ss 252–289) amended by Nos 7705 s. 10, 7876 s. 2(3), 8181 s. 2(1) (Sch. item 34), 8750 s. 96, 9019 s. 2(1) (Sch. items 36, 37), 9576 s. 11(1), 10087 s. 3(1)(Sch. 1 item 25), 10244 s. 10, repealed by No. 25/1989 s. 8(1), new Pt 1 Div. 4 (Heading and s. 248) inserted by No. 95/1994 s. 5. Division 4—Contamination of goods New s. 248 inserted by No. 95/1994 s. 5, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 84), 69/1997 s. 22(6), substituted by No. 65/1998 s. 5. 248 Interpretation (1) In this Division— contaminate, in relation to goods, includes— (a) interfere with the goods; or (b) making it appear that the goods have been contaminated or interfered with; goods includes any substance— (a) whether or not for human consumption; and (b) whether natural or manufactured; and (c) whether or not incorporated or mixed with other goods.
S. 316(4) amended by No. 57/1989 s. 3(Sch. item 42.15). (4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime. Division 8—Offences connected with explosive substances No. 6103 s. 317. 317 Offences connected with explosive substances (1) In this Division unless inconsistent with the context or subject-matter— S. 317(1) def. of explosive substance amended by No. 25/2009 s. 4(1)(a). explosive substance includes— (a) any material for making any explosive substance; (b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and (c) any part of any such apparatus machine or implement; S. 317(1) def. of public place inserted by No. 25/2009 s. 4(1)(b). public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; S. 317(1) def. of vehicle inserted by No. 25/2009 s. 4(1)(b). vehicle includes motor vehicle, aircraft and vessel.
S. 317(5) amended by No. 9576 s. 11(1), repealed by No. 63/2014 s. 7(5). * * * * * S. 317(6) repealed by No. 9848 s. 18(1). * * * * * S. 317(7) amended by Nos 25/1989 s. 19(a), 35/1996 s. 453(Sch. 1 item 16.1 (a)–(c)), 68/2009 s. 97(Sch. item 40.11). (7) In any indictment the same criminal act may be charged in different charges as constituting different crimes under this Division, and upon the trial of any such indictment the prosecution shall not be put to its election as to the charge on which it must proceed. S. 317(8) amended by No. 68/2009 s. 97(Sch. item 40.12). (8) This Division shall not exempt any person from any indictment or proceeding for a crime or offence which is punishable at common law or by any enactment other than this Division but no person shall be punished twice for the same criminal act. S. 317(9)(a) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.16(a)), 25/2009 s. 4(2), 37/2014 s. 10(Sch. item 36.9). (9) (a) If a magistrate is satisfied by the evidence on oath or by affidavit of any police officer above the rank of senior sergeant authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) in that behalf that there is reasonable ground for suspecting that an offence under this Division has been, is being, or is about to be committed he may grant a search warrant authorizing any police officer named therein to enter at any time any premises or place (including any vehicle on or in the premises or place) mentioned in the warrant, or a particular vehicle mentioned in the
S. 319J inserted by No. 8/2014 s. 35. 319J Person may not make another application for variation, suspension or revocation of order for 12 months If a court makes an order for a variation under section 319I(1)(a) or refuses an application under section 319I(1)(d), the person who applied for the relevant application under section 319H must not make another application under section 319H until 12 months after the order for the variation was made or the application was refused (as the case may be). S. 319K inserted by No. 8/2014 s. 35. 319K Orders under section 319D are to operate consecutively If a person is disqualified under an order under section 319D(a) and, during the period of disqualification, a court makes a further order under that section in respect of that person, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order. S. 319L inserted by No. 8/2014 s. 35. 319L Person must comply with order under section 319D A person who is subject to an order under section 319D must comply with the order. Penalty: 240 penalty units or imprisonment for 2 years. Pt 1 Div. 9A (Heading and s. 320) inserted by No. 48/1997 s. 56. Division 9A—Penalties for certain common law offences New s. 320 inserted by No. 48/1997 s. 56, amended by No. 8/2008 s. 13. 320 Maximum term of imprisonment for certain common law offences An offence at common law specified in column 1 of the Table is punishable by the maximum term of imprisonment specified opposite it in column 2 of the Table.
Pt 1 Div. 10 (Heading and s. 322) repealed by No. 9576 s. 8(a), new Pt 1 Div. 10 (Heading and ss 321–321F) inserted by No. 10079 s. 7(2). Division 10—Conspiracy New s. 321 inserted by No. 10079 s. 7(2). 321 Conspiracy to commit an offence (1) Subject to this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which will involve the commission of an offence by one or more of the parties to the agreement, he is guilty of the indictable offence of conspiracy to commit that offence. (2) For a person to be guilty under subsection (1) of conspiracy to commit a particular offence both he and at least one other party to the agreement— (a) must intend that the offence the subject of the agreement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time when the conduct constituting the offence is to take place. (3) A person may be guilty under subsection (1) of conspiracy to commit an offence notwithstanding the existence of facts of which he is unaware which make commission of the offence by the agreed course of conduct impossible.
Level 4 fine (1800 penalty units maximum) Level 5 fine (1200 penalty units maximum) Level 5 imprisonment (10 years maximum) Level 6 imprisonment (5 years maximum) Level 5 fine (1200 penalty units maximum) Level 6 fine (600 penalty units maximum) Level 6 imprisonment (5 years maximum) Level 7 imprisonment (2 years maximum) Level 6 fine (600 penalty units maximum) Level 7 fine (240 penalty units maximum) Level 7 imprisonment (2 years maximum) Level 8 imprisonment (1 year maximum) Level 7 fine (240 penalty units maximum) Level 8 fine (120 penalty units maximum) Level 8 imprisonment (1 year maximum) Level 9 imprisonment (6 months maximum) Level 8 fine (120 penalty units maximum) Level 9 fine (60 penalty units maximum) Level 9 imprisonment (6 months maximum) Level 10 fine (10 penalty units maximum) Level 9 fine (60 penalty units maximum) Level 10 fine (10 penalty units maximum) Level 10 fine (10 penalty units maximum) Level 11 fine (5 penalty units maximum) Level 11 fine (5 penalty units maximum) Level 12 fine (1 penalty unit maximum) Level 12 fine (1 penalty unit maximum) Level 12 fine (1 penalty unit maximum)
Bolamatu (1988) 34 A Crim R 438; R v Jensen and Ward [1980] VicRp 24; [1980] VR 194. (3) Nothing in this section imposes liability on a person for an offence that, as a matter of policy, is intended to benefit or protect that person. S. 324A inserted by No. 63/2014 s. 6. 324A Other offenders need not be prosecuted or found guilty A person who is involved in the commission of an offence may be found guilty of the offence whether or not any other person is prosecuted for or found guilty of the offence. S. 324B inserted by No. 63/2014 s. 6. 324B Offender's role need not be determined A person may be found guilty of an offence by virtue of section 324 if the trier of fact is satisfied that the person is guilty either as the person who committed the offence or as a person involved in the commission of the offence but is unable to determine which applies. S. 324C inserted by No. 63/2014 s. 6. 324C Abolition of certain aspects of complicity at common law (1) The law of complicity at common law in relation to aiding, abetting, counselling or procuring the commission of an offence is abolished. (2) The doctrines at common law of acting in concert, joint criminal enterprise and common purpose (including extended common purpose) are abolished. Note The common law concerning the circumstances in which a person may withdraw from an offence in which the person would otherwise be complicit is not abolished by this section.
New s. 339 inserted by No. 9073 s. 2(b). 339 Conspiracy and incitement (1) A married person shall be criminally responsible for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) amended by No. 9576 s. 11(1). (3) Nothing in subsection (2) shall affect the liability of a married person as a principal offender in any offence except conspiracy or incitement. Ss 340–350 repealed by No. 8338 s. 5. * * * * * _______________ Pt 2A (Heading and ss 340–345) inserted by No. 70/1987 s. 4. New s. 340 inserted by No. 70/1987 s. 4. 340 Definitions (1) In this Part— S. 340(1) def. of appropriate authority amended by No. 37/2014 s. 10(Sch. item 36.10(a)). appropriate authority means— (a) in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force or police service of that State or Territory functions
S. 426 repealed by No. 9576 s. 11(1)(Sch.), new s. 426 inserted by No. 22/2009 s. 4. 426 Alternative verdict for identity crime offences If, on the trial of a person charged with an offence against section 192B, the jury are not satisfied that the person charged is guilty of the offence charged but are satisfied that the person charged is guilty of an offence against section 192C, the jury may acquit the person charged of the offence charged and find the person charged guilty of an offence against section 192C and the person charged is liable to punishment accordingly. S. 427 repealed by No. 8425 s. 2(1)(h), new s. 427 inserted by No. 9228 s. 2(1)(j), amended by No. 48/1997 s. 58(1). 427 Alternative verdict for destroying property charges (1) Where a person is charged with committing an offence against section 197(2) or section 197(3) and the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence against section 197(1), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 197(1). S. 427(2) inserted by No. 48/1997 s. 58(2). (2) If on the trial of a person charged with an offence against section 197A 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 197, the jury may acquit the accused of the offence charged and find him or her guilty of whichever of the offences against section 197 they are satisfied that he or she is guilty of and he or she is liable to punishment accordingly.
S. 464(2) def. of forensic material inserted by No. 16/2002 s. 5. forensic material means any material— (a) from which a DNA profile may be derived; and (b) which is obtained from samples taken or procedures conducted in accordance with this Subdivision— but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken; S. 464(2) def. of forensic procedure inserted by No. 129/1993 s. 6(b). forensic procedure means the taking of a sample from any part of the body, whether an intimate or non-intimate sample or any other type of sample, or the conduct of any procedure on or physical examination of the body but does not include the taking of a fingerprint;
S. 464(2) def. of held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; S. 464(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;
(c) a swab, washing or sample taken from the external genital or anal region of a male or female or from the breast of a female; (d) a sample of saliva; (e) a scraping taken from the mouth; (f) a dental impression; S. 464(2) def. of investigating official amended by No. 37/2014 s. 10(Sch. item 36.18(a)(ii)). investigating official means a police officer or a person appointed by or under an Act (other than a police officer or person who is engaged in covert investigations under the orders of a superior) whose functions or duties include functions or duties in respect of the prevention or investigation of offences; S. 464(2) def. of legal practitioner repealed by No. 18/2005 s. 18(Sch. 1 item 27.3). * * * * * S. 464(2) def. of medical practitioner inserted by No. 129/1993 s. 6(d), substituted by No 81/1997 s. 16(b), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(b)), substituted by No. 13/2010 s. 51(Sch. item 17.3(b)). 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. 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(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;
S. 464(2) def. of unknown deceased persons index inserted by No. 16/2002 s. 5. unknown deceased persons index means an index of DNA profiles of deceased persons whose identities are unknown where the DNA profile is derived from forensic material; S. 464(2) def. of Victorian DNA database inserted by No. 32/2007 s. 4(2). Victorian DNA database means the DNA database system kept under section 464ZFD; S. 464(2) def. of volunteer inserted by No. 16/2002 s. 5. volunteer means a person who volunteers to give a sample under section 464ZGB; S. 464(2) def. of volunteers (limited purposes) index inserted by No. 16/2002 s. 5. volunteers (limited purposes) index means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used only for a limited purpose that is specified by the volunteer and noted on the index; S. 464(2) def. of volunteers (unlimited purposes) index inserted by No. 16/2002 s. 5. volunteers (unlimited purposes) index means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used;
(f) that if the Magistrates' Court makes an order under this section, the person may be delivered into the custody of the investigating official for the purpose of questioning; (g) the person's rights under sections 464C, 464D and 464F, unless Part IC of the Crimes Act 1914 of the Commonwealth applies. S. 464B(14) inserted by No. 72/2013 s. 4(3). (14) A person may exercise any applicable right under section 464C, 464D or 464F before deciding whether or not to consent to be questioned. S. 464B(15) inserted by No. 72/2013 s. 4(3). (15) An audiovisual recording must be made of— (a) the giving of the information referred to in subsection (13); and (b) any response of the person in custody to the giving of that information; and (c) any questioning of the person that takes place and anything said by the person questioned; and (d) any withdrawal of consent to the questioning. Note to s. 464B inserted by No. 25/2014 s. 15. Note Section 78D of the Corrections Act 1986 provides for the application of section 464B in relation to persons detained under that Act. S. 464C inserted by No. 37/1988 s. 5. 464C Right to communicate with friend, relative and legal practitioner (1) Before any questioning or investigation under section 464A(2) commences, an investigating official must inform the person in custody that he or she—
except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or S. 464J(ba) inserted by No. 69/2009 s. 50. (ba) the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. S. 464JA inserted by No. 87/2009 s. 4. 464JA Offences in relation to recordings (1) In this section— S. 464JA(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. 464M(9)(b) amended by No. 37/2014 s. 10(Sch. item 36.24). (b) a police officer may use reasonable force to take the fingerprints; and S. 464M(9)(c) amended by No. 27/2006 s. 17(16). (c) the taking of the fingerprints must be recorded by audiovisual recording, if practicable, or otherwise by audio recording. (10) After an order under subsection (5) is executed— (a) the independent person, if any, who witnessed the taking of the fingerprints must endorse on the order his or her name and sign the endorsement; and S. 464M(10)(b) amended by No. 27/2006 s. 17(17). (b) the person who took the fingerprints must endorse on the order the name of the person, if any, who made the audiovisual recording of the taking of the fingerprints; and (c) the person who took the fingerprints must give a copy of the order so endorsed to the child. (11) The endorsements required by subsection (10) to be made on an order under subsection (5) may be made on a copy of the order transmitted by facsimile machine. (12) If the Children's Court makes an order under subsection (5), it may issue a warrant authorising the person to whom it is directed— (a) to break, enter and search, if necessary, any place where the child named or described in the warrant is suspected to be; and (b) to arrest the child named or described in the warrant; and (c) to take the child without delay to the nearest accessible police station for fingerprinting.
commission of the offence, material from the body or clothing of the victim is present— (A) on the person who committed the offence or on anything reasonably believed to have been worn or carried by that person when the offence was committed; or S. 464T(3)(c) (ii)(B) amended by No. 81/1997 s. 17(2). (B) on an object reasonably believed to have been associated with the commission of the offence; or S. 464T(3) (c)(iii) inserted by No. 81/1997 s. 17(3). (iii) the victim of the offence has not been found, and there are reasonable grounds to believe that material reasonably believed to be from the body of the victim is present on a person suspected of having committed the offence; or S. 464T(3) (c)(iv) inserted by No. 81/1997 s. 17(3). (iv) the offence in respect of which the application is made is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I and there are reasonable grounds to believe that the conduct of the procedure on the person may be relevant in determining the paternity of a child that has been conceived allegedly as a result of the offence; and (d) in the case of an application to take a sample or washing from the skin to determine the presence of gunshot residue, a firearm was discharged during the commission of the offence; and (e) in the case of an application to conduct a physical examination, the person who committed the offence had distinguishing
(b) if the court is not so satisfied, it must order the destruction of any sample taken and any other evidence obtained as a result of the compulsory procedure. (8) A sample taken in accordance with an interim order must not be analysed before the final determination of the application. S. 464W inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(k), 8(b), 8/1991 s. 22(1)(a)–(d), substituted by No. 129/1993 s. 7. 464W Application by telephone for interim order S. 464W(1) amended by No. 37/2014 s. 10(Sch. item 36.30(a)). (1) A police officer making an application by telephone for an interim order must make the application in accordance with this section. S. 464W(2) amended by No. 37/2014 s. 10(Sch. item 36.30(b)). (2) Before making the application, the police officer must prepare an affidavit setting out the grounds on which the order is sought, but may, if necessary, make the application before the affidavit has been sworn. S. 464W(3) amended by No. 37/2014 s. 10(Sch. item 36.30(b)). (3) If transmission by facsimile machine is available, the police officer must transmit a copy of the affidavit, whether sworn or unsworn, to the magistrate or Children's Court magistrate constituting the court that is to hear the application by telephone. (4) If the person the subject of the application is present with the applicant, the court must, if practicable, hear the person on any matter referred to in section 464T(3)(a) to (h), in the case of a relevant suspect, or section 464U(7)(a) to (g) and section 464U(8), in the case of a child.
sample is to be taken or who is to be examined; (b) a dental impression may only be taken by a dentist; S. 464Z(3)(c) amended by Nos 81/1997 s. 19(2), 16/2002 s. 7(3), 13/2010 s. 51(Sch. item 17.6(b)). (c) a non-intimate sample or a physical examination of a non-intimate part of the body may be taken or conducted by a medical practitioner or nurse, or midwife or a person authorised in accordance with subsection (1). S. 464Z(3AA) inserted by No. 41/2004 s. 13(1), amended by No. 37/2014 s. 10(Sch. item 36.32(b)). (3AA) Despite subsection (3), a person from whom a sample of hair, other than pubic hair, is to be taken in accordance with— (a) an authorisation given under section 464SA; or (b) an order made by a court under this Subdivision— may elect to provide instead a scraping taken by the person from his or her mouth if a police officer authorised in accordance with subsection (1A) considers that— (c) a scraping is appropriate in the circumstances; and (d) it is appropriate for the person to take the scraping. S. 464Z(3AB) inserted by No. 41/2004 s. 13(1), amended by No. 27/2006 s. 17(22). (3AB) An election made by a person under subsection (3AA) must be recorded by audio recording or audiovisual recording or in writing signed by the person.
S. 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(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.
(d) the child may not address the court, other than in respect of any matter referred to in subsection (8)(a) or (b) or in response to inquiries made by the court under subsection (8)(c). S. 464ZF(5B) inserted by No. 41/2004 s. 16. (5B) In exercising the right of address under subsection (5A)(d), a child may be represented by a legal practitioner, or, with the leave of the court, a parent or guardian of the child. S. 464ZF(6) amended by No. 14/2006 s. 13(1)(c)(i)(ii). (6) An order made by a court under subsection (2) or (3) before the appeal period in relation to the conviction for the forensic sample offence has expired or an appeal against conviction (if any) has been finally determined (whichever is the later), must not be executed unless— (a) that appeal period expires; or S. 464ZF(6)(b) amended by No. 14/2006 s. 13(1)(c)(ii). (b) an appeal against conviction (if any) is finally determined and the conviction for the forensic sample offence is upheld— whichever is the later. S. 464ZF(6A) inserted by No. 14/2006 s. 13(2). (6A) If leave to appeal against a conviction for a forensic sample offence is sought after the expiry of the appeal period in relation to the conviction, an order made by a court under subsection (2) before leave to appeal is sought, if not executed before that leave is sought, must not be executed unless— (a) leave to appeal against the conviction is refused; or (b) leave to appeal against the conviction is granted and the appeal is finally determined and the conviction for the forensic sample offence is upheld.
the court may issue a warrant authorising the person to whom it is directed, if necessary— (c) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (d) to arrest the person; and (e) to bring the person before the court for the hearing of the application; and (f) if that application is granted, to detain the person for as long as reasonably permits the conduct of the forensic procedure. S. 464ZFA(1A) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(3), 20/2011 s. 5(1), 37/2014 s. 10(Sch. item 36.36(a)). (1A) If a court makes an order under section 464ZF(2) or 464ZFAAA(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as the case may be, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (1B). S. 464ZFA(1B) inserted by No. 16/2002 s. 12(1), amended by No. 27/2006 s. 10(4). (1B) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that the person has not complied with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— (a) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (b) to arrest the person; and (c) to detain the person for as long as reasonably permits the conduct of the forensic procedure.
S. 464ZGB (3)(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 (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.
level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGE(11) amended by No. 37/2014 s. 10(Sch. item 36.37). (11) This section does not prevent a police officer, in respect of a person who has voluntarily given a sample under sections 464ZGB to 464ZGD— (a) requesting, under section 464R, the person to undergo a forensic procedure; or (b) making an application under section 464T or 464V for a court order directing the person to undergo a compulsory procedure. S. 464ZGE(12) repealed by No. 80/1998 s. 3(e). * * * * * S. 464ZGF inserted by No. 81/1997 s. 28. 464ZGF Application to court where consent to retention of sample withdrawn S. 464ZGF(1) amended by No. 37/2014 s. 10(Sch. item 36.37). (1) A police officer may apply to the Magistrates' Court for an order to retain a sample that has been voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, and any related material and information, and the court may make an order accordingly, if during an investigation into the commission of an indictable offence— (a) either— (i) material reasonably believed to be from the body of a person who committed the indictable offence has been found— (A) at the scene of the offence; or (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
forensic material is required to be destroyed by this Subdivision or under a corresponding law of a participating jurisdiction. (2) A person— (a) whose conduct causes the supply of forensic material taken from a person under this Subdivision (or under a corresponding law of a participating jurisdiction) to a person for prohibited analysis; and (b) who intends or is reckless as to the supply of material of that kind— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (3) A person— (a) whose conduct causes the supply of forensic material (other than excluded forensic material) to a person for analysis for the purpose of deriving a DNA profile for inclusion on a DNA database; and (b) who intends or is reckless as to the supply of material of that kind— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZGH (Heading) amended by No. 32/2007 s. 7(1). S. 464ZGH inserted by No. 16/2002 s. 16. 464ZGH Use of information on Victorian DNA database S. 464ZGH(1) amended by No. 32/2007 s. 7(1). (1) A person who accesses information stored on the Victorian DNA database except in accordance with this section is guilty of a summary offence
S. 464ZGH(2) (g)(iii) substituted by No. 32/2007 s. 7(3). (iii) the Ombudsman appointed under the Ombudsman Act 1973; or S. 464ZGH(2) (g)(iv) inserted by No. 32/2007 s. 7(3), amended by Nos 34/2008 s. 143(Sch. 2 item 3.1), 82/2012 s. 159(2). (iv) the IBAC within the meaning of the Independent Broad-based Commission Act 2011. (3) This section does not apply to information that cannot be used to discover the identity of any person. S. 464ZGI inserted by No. 16/2002 s. 16. 464ZGI Permissible matching of DNA profiles S. 464ZGI(1) substituted by No. 32/2007 s. 8(1). (1) A matching of a DNA profile on an index of the Victorian DNA database specified in column 1 of the following Table with a DNA profile on another index of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if— (a) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1; and (b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed.
S. 464ZGK (Heading) amended by No. 32/2007 s. 10(1). S. 464ZGK inserted by No. 16/2002 s. 16. 464ZGK Disclosure of Victorian information (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. 470(6) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.66(a)(b)), 37/2014 s. 10(Sch. item 36.42). (6) Every warrant issued under this section shall be addressed to and executed by a police officer 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 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
S. 546 amended by No. 7705 s. 10, substituted by No. 7994 s. 4, amended by No. 8280 s. 18(a)(i)(ii)(b), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * No. 6103 s. 543. S. 547 amended by Nos 8679 s. 3(1)(e), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 14). 547 Definition of forfeiture and convict The word forfeiture in the construction of this Part shall not include any fine or penalty imposed on any convict by virtue of his sentence, and the expression convict shall be deemed to mean any person against whom after the passing of this Act judgment of imprisonment has been pronounced or recorded by any court of competent jurisdiction in Victoria upon any charge of treason or indictable offence. No. 6103 s. 544. S. 548 amended by Nos 8679 s. 3(1)(f), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 15). 548 When convict shall cease to be subject to operation of this Part When any convict dies or is adjudicated bankrupt, or has undergone the full term of imprisonment for which judgment has been pronounced or recorded against him, or such other punishment as may by competent authority have been substituted for such full term, or has received a pardon for the treason or indictable offence of which he has been convicted, he shall thenceforth so far as relates to the provisions hereinafter contained cease to be subject to the operation of this Part. Ss 549–561 repealed by No. 8410 s. 5(1). * * * * *
S. 590 inserted by No. 80/1998 s. 4. 590 Transitional provision—Crimes, Confiscation and Evidence Acts (Amendment) Act 1998 The amendments to this Act made by section 3 of the Crimes, Confiscation and Evidence Acts (Amendment) Act 1998 apply only with respect to forensic procedures within the meaning of Subdivision (30A) of Division 1 of Part III conducted after the commencement of that section. S. 590 inserted by No. 65/1998 s. 4, re-numbered as s. 591 by No. 10/1999 s. 31(5)(e). 591 Transitional provision—Crimes (Amendment) Act 1998 (1) The amendments of section 60B of this Act made by section 3 of the Crimes (Amendment) Act 1998 apply only to offences alleged to have been committed after the commencement of section 3. (2) If an offence is alleged to have been committed between two dates and section 3 of the Crimes (Amendment) Act 1998 commences on a date between those two dates, for the purposes of subsection (1) the offence must be taken to have been alleged to have been committed before the commencement of that section. S. 592 inserted by No. 10/1999 s. 20. 592 Transitional provisions—Magistrates' Court (Amendment) Act 1999 The amendments of this Act made by section 18(4) of the Magistrates' Court (Amendment) Act 1999 apply only in relation to appeals to the Court of Appeal for which the notice of appeal or notice of application for leave to appeal is given on or after 1 July 1999. S. 593 inserted by No. 67/2000 s. 8. 593 Transitional provisions—Crimes (Amendment) Act 2000
Assent Date: 5.5.59 Commencement Date: 1.4.59: s. 1(2) : All of Act in operation Crimes (Penalties) Act 1959, No. 6561/1959 Assent Date: 17.11.59 Commencement Date: 17.11.59 : All of Act in operation Crimes (Sentences and Parole) Act 1959, No. 6572/1959 Assent Date: 1.12.59 Commencement Date: 1.1.60: Government Gazette 16.12.59 p. 3638 : All of Act in operation Social Welfare Act 1960, No. 6651/1960 Assent Date: 15.6.60 Commencement Date: S. 57(b)–(e) on 11.7.60: Government Gazette 6.7.60 p. 2210; s. 57(a) on 1.7.65: Government Gazette 30.6.65 p. 2016 : This information relates only to the provision/s amending the Crimes Act 1958 Motor Car (Driving) Act 1960, No. 6658/1960 Assent Date: 15.6.60 Commencement Date: 15.8.60: Government Gazette 27.7.60 p. 2565 : All of Act in operation Statute Law Revision Act 1960, No. 6716/1960 Assent Date: 21.12.60 Commencement Date: Sch. 1 on 1.4.59: s. 3 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Kidnapping) Act 1960, No. 6731/1960 Assent Date: 21.12.60 Commencement Date: 21.12.60 : All of Act in operation Evidence (Children) Act 1961, No. 6758/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Prostitution Act 1961, No. 6761/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Motor Car (Amendment) Act 1961, No. 6762/1961 Assent Date: 26.4.61 Commencement Date: S. 13 on 5.6.61: Government Gazette 31.5.61 p. 1850 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Breath Test Evidence) Act 1961, No. 6806/1961
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: S. 32 on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013 Assent Date: 26.2.13 Commencement Date: Ss 3–7 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Integrity in Sports) Act 2013, No. 20/2013 Assent Date: 23.4.13 Commencement Date: 24.4.13: s. 2 : All of Act in operation Succession to the Crown (Request) Act 2013, No. 60/2013 Assent Date: 22.10.13 Commencement Date: S. 6(Sch. 2 item 1) on 26.3.15: s. 2(3) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 5(Sch. 3 item 1) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013 Assent Date: 3.12.13 Commencement Date: Ss 3−18 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013 Assent Date: 17.12.13 Commencement Date: Ss 15, 16 on 18.12.13: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Grooming) Act 2014, No. 7/2014 Assent Date: 25.2.14 Commencement Date: Ss 3, 4 on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958