37AA Jury directions on the accused's awareness 52 37A Objectives of Subdivisions 8A to 8G 53 37B Guiding principles 53 (8A) Rape and indecent assault 54 38 Rape 54 38A Compelling sexual penetration 56 39 Indecent assault 57 40 Assault with intent to rape 57 (8B) Incest 58 44 Incest 58 (8C) Sexual offences against children 60 45 Sexual penetration of child under the age of 16 60 47 Indecent act with child under the age of 16 63 47A Persistent sexual abuse of child under the age of 16 64 48 Sexual penetration of 16 or 17 year old child 65 49 Indecent act with 16 or 17 year old child 67 49A Facilitating sexual offences against children 68 49B Grooming for sexual conduct with child under the age of 16 years 69 (8D) Sexual offences against persons with a cognitive impairment 72 50 Definitions 72 51 Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services 74 52 Sexual offences against persons with a cognitive impairment by workers 76 (8E) Other sexual offences 77 53 Administration of drugs etc. 77 54 Occupier etc. permitting unlawful sexual penetration 78 55 Abduction or detention 79 56 Abduction of child under the age of 16 79 57 Procuring sexual penetration by threats or fraud 80 58 Procuring sexual penetration of a child 80 59 Bestiality 82 60A Sexual offence while armed with an offensive weapon 83 (8EAA) Sexual servitude 84 60AB Sexual servitude 84 60AC Aggravated sexual servitude 86 60AD Deceptive recruiting for commercial sexual services 87 60AE Aggravated deceptive recruiting for commercial sexual services 87
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 of motor car inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item 5.1).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 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 of prostitute, prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986 s. 74(a). * * * * * S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 14, substituted by No. 37/2014 s. 10(Sch. item 36.1(b)). protective services officer has the same meaning as in the Victoria Police Act 2013;
intoxication means intoxication because of the influence of alcohol, a drug or any other substance; relevant offence means murder, manslaughter or defensive homicide. (2) Without taking away from the law relating to any other offences and except as otherwise expressly provided by this Subdivision, this Subdivision applies only to relevant offences. S. 9AC inserted by No. 77/2005 s. 6. 9AC Murder—"self-defence" A person is not guilty of murder if he or she carries out the conduct that would otherwise constitute murder while believing the conduct to be necessary to defend himself or herself or another person from the infliction of death or really serious injury. Notes 1 See section 4 for alternative verdict of defensive homicide where the accused had no reasonable grounds for the belief. 2 This section does not apply where the response is to lawful conduct—see section 9AF. 3 See section 9AH as to belief in circumstances where family violence is alleged. S. 9AD inserted by No. 77/2005 s. 6. 9AD Defensive homicide s. 9AD A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section.
Pt 1 Div. 1 Subdiv. (2) (Heading and s. 10) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 7), 48/1997 s. 60(1)(Sch. 1 item 9), 7/2008 s. 7(3)(b), repealed by No. 58/2008 s. 9. * * * * * Pt 1 Div. 1 Subdiv. (3) repealed. * * * * * No. 6103 s. 15. Pt 1 Div. 1 Subdiv. (4) (Heading and s. 15) amended by No. 9576 s. 11(1), substituted as Pt 1 Div. 1 Subdiv. (4) (Heading and ss 15–31) by No. 10233 s. 8(2). (4) Offences against the person S. 15 substituted by No. 10233 s. 8(2). 15 Definitions s. 15 In this subdivision— S. 15 def. of abortion inserted by No. 58/2008 s. 10(1). abortion has the meaning given in the Abortion Law Reform Act 2008;
S. 15 def. of physical injury inserted by No. 6/2013 s. 3(c). physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function; S. 15 def. of prohibited female genital mutilation inserted by No. 46/1996 s. 3. prohibited female genital mutilation means female genital mutilation the performance of which would be an offence under this Act if carried out in the State; S. 15 def. of registered medical practitioner inserted by No. 46/1996 s. 3, substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)), 13/2010 s. 51(Sch. item 17.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; 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
(c) for the purpose of engaging in political activities or discussion or communicating with respect to public affairs. S. 21A(5) repealed by No. 68/2008 s. 69(1). s. 21A * * * * * S. 21A(5A) inserted by No. 52/2008 s. 242, repealed by No. 68/2008 s. 69(1). * * * * * S. 21A(6) inserted by No. 105/2003 s. 5. (6) It is immaterial that some or all of the course of conduct constituting an offence against subsection (1) occurred outside , so long as the victim was in at the time at which that conduct occurred. 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. 29 substituted by No. 10233 s. 8(2). 29 Using firearm to resist arrest etc. s. 29 S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1) (Sch. 2 item 10), 48/1997 s. 60(1)(Sch. 1 item 15), 69/1997 s. 22(1). (1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum). S. 29(2) amended by No. 25/1989 s. 20(a). (2) A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence. (3) In this section— S. 29(3)(a) amended by No. 24/1990 s. 16, substituted by No. 66/1996 s. 201(1). (a) firearm has the same meaning as in the Firearms Act 1996; and (b) imitation firearm means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.
(b) must not make an order suspending the whole or any part of the sentence. S. 31B inserted by No. 56/2005 s. 6. 31B Being armed with criminal intent s. 31B (1) In this section— controlled weapon has the same meaning as in the Control of Weapons Act 1990; firearm has the same meaning as in the Firearms Act 1996; imitation firearm has the same meaning as in section 29; prohibited weapon has the same meaning as in the Control of Weapons Act 1990. (2) A person who, with criminal intent, is armed with a firearm, an imitation firearm, a prohibited weapon or a controlled weapon is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). 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). s. 33 (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 (b) the person was subjected, while outside the State, to prohibited female genital mutilation— is, in the absence of proof to the contrary, proof that the accused took the person or arranged for the person to be taken from the State with the intention of having prohibited female genital mutilation performed on the person. New s. 34 inserted by No. 46/1996 s. 4. 34 Consent not a defence to a charge under sections 32 or 33 It is not a defence to a charge brought under section 32 or 33 to prove that the person on whom the act which is the subject of the charge was performed, or the parents or guardian of that person, consented to the performance of that act.
S. 47(3) inserted by No. 2/2006 s. 10(2). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. 47A Persistent sexual abuse of child under the age of 16 s. 47A S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2). (1) A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married is guilty of an indictable offence. (2) To prove an offence under subsection (1) it is necessary to prove— S. 47A(2)(a) amended by No. 81/1997 s. 5(1)(b)(2). (a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and S. 47A(2)(b) amended by No. 81/1997 s. 5(3). (b) that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during that period. S. 47A(2A) inserted by No. 81/1997 s. 5(4). (2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision. S. 47A(3) substituted by No. 81/1997 s. 5(5). (3) It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).
S. 48(2) amended by No. 2/2006 s. 12(2). (2) Consent is not a defence to a charge under subsection (1) 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— s. 48 (a) that the child was aged 18 or older; or (b) that he or she was married to the child. S. 48(3) inserted by No. 2/2006 s. 12(3). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 48(4) inserted by No. 2/2006 s. 12(3). (4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's foster parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach; (h) the child's counsellor; (i) the child's health professional; S. 48(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. 48(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. 50(1) def. of intellectual disability amended by No. 23/2006 s. 236(1). intellectual disability has the same meaning as in the Disability Act 2006; S. 50(1) def. of resident repealed by No. 2/2006 s. 15(b). * * * * * S. 50(1) def. of residential facility amended by Nos 98/1995 s. 65(Sch. 1 item 3), 49/2010 s. 227(a), 26/2014 s. 455(Sch. item 7.1). residential facility means— (a) a designated mental health service within the meaning of the Mental Health Act 2014; or (b) premises operated by any person or body (government or non-government) wholly or substantially for the purpose of providing residential services to intellectually disabled people; s. 50 (c) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010; S. 50(1) def. of worker substituted by Nos 2/2006 s. 15(c), 49/2010 s. 227(b). worker means a person who delivers, or assists in delivering, at a facility (whether as an employee or as a volunteer or in any other capacity)— (a) a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment residing at the facility or attending the facility to take part in the program; or
S. 52 (Heading) inserted by No. 2/2006 s. 17(1), amended by No. 49/2010 s. 228. S. 52 substituted by No. 8/1991 s. 3. 52 Sexual offences against persons with a cognitive impairment by workers s. 52 S. 52(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 28), substituted by No. 2/2006 s. 17(2). (1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). S. 52(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 29), substituted by No. 2/2006 s. 17(3). (2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 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 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.
Pt 1 Div. 1 Subdiv. (13) (Heading and ss 68, 69) amended by No. 7577 s. 3(a)(b), repealed by No. 9509 s. 6, new Pt 1 Div. 1 Subdiv. (13) (Heading and ss 67A–70) inserted by No. 90/1995 s. 88. (13) Child pornography S. 67A inserted by No. 90/1995 s. 88. 67A Definitions s. 67A In this Subdivision— S. 67A def. of child pornography amended by Nos 20/2004 s. 4, 6/2005 s. 12(1). child pornography means a film, photograph, publication or computer game that describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context; classified means classified under the Commonwealth Act; Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; computer game has the same meaning as in the Commonwealth Act; film has the same meaning as in the Commonwealth Act;
Pt 1 Div. 1A (Heading and ss 70A–70D) inserted by No. 9407 s. 2(b). Division 1A—Piracy (1837) 7 William IV and 1 Vict. c. LXXXVIII s. 2. S. 70A inserted by No. 9407 s. 2(b), amended by Nos 37/1986 s. 10, 49/1991 s. 119(1) (Sch. 2 item 36(a)). 70A Piracy with violence s. 70A Any person who with intent to commit or at the time of or immediately before or immediately after committing the offence of piracy in respect of any vessel— (a) assaults with intent to murder any person on board or belonging to the vessel; or (b) wounds any such person; or (c) unlawfully does any act by which the life of any such person may be endangered— shall be liable to— S. 70A(a) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(b)), substituted as s. 70A(d) by No. 48/1997 s. 60(1)(Sch. 1 item 48). (d) level 3 imprisonment (20 years maximum); or
(10) In proceedings for an offence against this section, if it is necessary to allege an intent to induce a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine one, it is not necessary to allege that the accused intended so to induce a particular person. S. 83B inserted by No. 25/1989 s. 6. 83B Abolition of common law offences of forgery and uttering s. 83B The offences at common law of forgery and uttering are abolished except as regards offences alleged to have been committed before the commencement of section 6 of the Crimes Legislation (Miscellaneous Amendments) Act 1989. S. 84 substituted by No. 8425 s. 2(1)(b). 84 Liability of company officers for certain offences by company (1) Where an offence committed by a body corporate under section 81, 82 or 83 is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connexion with his functions of management as if he were a director of the body corporate.
S. 85 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b). 85 False statements by company directors etc. s. 85 S. 85(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 33), 48/1997 s. 60(1)(Sch. 1 item 63). (1) Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or deceptive in a material particular, he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it. (3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connexion with his functions of management as if he were an officer of the body corporate or association.
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— whether the financial advantage is permanent or temporary.
(5) For the purposes of subsection (2), a person who destroys or damages property shall be treated as intending thereby to endanger the life of another if, but only if— (a) his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or (b) he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage. (6) An offence against this section committed by destroying or damaging property by fire shall be charged as arson. S. 197(7) inserted by No. 95/1994 s. 4, amended by No. 48/1997 s. 60(1)(Sch. 1 item 70(b)). (7) A person guilty of arson is liable to level 4 imprisonment (15 years maximum) despite anything to the contrary in this section. S. 197A inserted by No. 48/1997 s. 55. 197A Arson causing death s. 197A A person who commits arson as defined in section 197 and thereby causes the death of another person is guilty of an indictable offence. Level 2 imprisonment (25 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
S. 246 repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (15A) (Heading) inserted by No. 7088 s. 2(d), repealed by No. 9228 s. 2(1)(c). * * * * * New Pt 1 Div. 3 Subdiv. (4) (Heading) inserted by No. 9228 s. 2(1)(g). (4) Injuries to aircraft S. 246A inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 79). 246A Endangering safe operation of an aircraft s. 246A Any person who does any act or thing with intent to prejudice the safe operation of an aircraft shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 246B inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 80). 246B Setting fire etc. to aircraft Any person who unlawfully and maliciously sets fire to or in any way destroys any aircraft whether complete or incomplete shall be guilty of an indictable offence and shall be liable to level 4 imprisonment (15 years maximum).
S. 246C inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 81). 246C Endangering safety of aircraft s. 246C Any person who while on board an aircraft does any act or thing that is likely to endanger the safety of the aircraft shall be guilty of an indictable offence and shall be liable to level 5 imprisonment (10 years maximum). S. 246D inserted by No. 7088 s. 2(d). 246D Dangerous goods on aircraft S. 246D(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 82). (1) Subject to this section any person who— (a) carries or places dangerous goods on board an aircraft; (b) delivers dangerous goods to a person for the purpose of their being placed on board an aircraft; or (c) has dangerous goods in his possession on board an aircraft— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum). (2) This section does not apply— (a) to or in relation to any act done with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or (b) to or in relation to the carrying or placing of firearms or ammunition for firearms on board an aircraft with permission granted under the Air Navigation Regulations of the Commonwealth.
(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 s. 246E 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). * * * * *
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 s. 247A (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
New s. 252 inserted by No. 65/1998 s. 5, amended by No. 66/2005 s. 6(a). 252 Territorial nexus for offences s. 252 It is immaterial that the conduct of a person constituting an offence under this Division occurred outside , so long as the person intended by that conduct to cause, or was reckless as to whether or not that conduct would cause— S. 252(a) amended by No. 66/2005 s. 6(b). (a) public alarm or anxiety in ; or S. 252(b) amended by No. 66/2005 s. 6(b). (b) economic loss in through public awareness of the contamination. Pt 1 Div. 5 (Heading and ss 290–313) amended by Nos 7876 s. 2, 8181 s. 2(Sch. item 33), 9554 s. 2(2)(Sch. 2 items 56, 57), 9576 s. 11(1), 9848 s. 18(1), repealed by No. 25/1989 s. 8(1), new Pt 1 Div. 5 (Heading and ss 253–255) inserted by No. 6/2006 s. 3. Division 5—Destruction of evidence New s. 253 inserted by No. 6/2006 s. 3. 253 Definitions In this Division— associate, in relation to a body corporate, means— (a) an employee or agent of the body corporate to the extent that he or she is acting within the actual or apparent scope of his or her employment or
S. 317(5) amended by No. 9576 s. 11(1). (5) Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever knowingly procures counsels aids abets or is accessory to the commission of any crime under this Division shall be guilty of an indictable offence, and shall be liable to be tried and punished for that crime as if he had been guilty as a principal. S. 317(6) repealed by No. 9848 s. 18(1). * * * * * s. 317 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
Note to s. 317A inserted by No. 80/2001 s. 7(4) Note Division 2B of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section. Pt 1 Div. 9 (Heading) amended by No. 127/1986 s. 102(Sch. 4 item 5.3). Division 9—Driving offences connected with motor vehicles S. 317B inserted by No. 93/2009 s. 44. 317B Interpretation s. 317B (1) In this Division— drive, in relation to a motor vehicle, includes operate a vessel; motor vehicle includes vessel, whether or not the vessel is powered by a motor; operate, in relation to a vessel, means— (a) steer or navigate the vessel; or (b) direct the steering or navigation of the vessel or provide instructions as to the steering or navigation of the vessel; or (c) substantially change the movement or direction of the vessel; S. 317B(1) def. of vessel amended by No. 65/2010 s. 420(Sch. 3 item 3). vessel has the same meaning as in the Marine Safety Act 2010. (2) For the purposes of this Division— (a) a person may operate a vessel that is at anchor, made fast to the shore or aground; (b) a person does not operate a vessel solely because the person is in charge of the vessel.
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or s. 318 (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. S. 318(2A) inserted by No. 59/2004 s. 5. (2A) Without limiting subsection (2)(b), negligence within the meaning of that subsection may be established by proving that— (a) a person drove a motor vehicle when fatigued to such an extent that he or she knew, or ought to have known, that there was an appreciable risk of him or her falling asleep while driving or of losing control of the vehicle; and (b) by so driving the motor vehicle the person failed unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case. S. 318(3) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.13). (3) An indictment for an indictable offence under this section shall specify which form of culpability within the meaning of subsection (2) is charged but evidence of the whole of the circumstances shall be admissible on the trial on the indictment. S. 318(4) amended by No. 9576 s. 11(1). (4) A person who is convicted or acquitted of an indictable offence under this section shall not in respect of the death concerned subsequently be prosecuted for unlawful homicide or under this section. S. 318(5) amended by Nos 9576 s. 11(1), 68/2009 s. 97(Sch. item 40.14). (5) A person who is convicted or acquitted of any form of unlawful homicide not referred to in this section shall not in respect of the death concerned subsequently be prosecuted under this section and no other form of unlawful homicide shall be
(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death— the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 319C inserted by No. 55/2011 s. 3. 319C Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death s. 319C S. 319C(1) amended by No. 8/2014 s. 34(1). (1) An owner of a dangerous dog, menacing dog or restricted breed dog who, without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death, is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 319C(2) amended by No. 8/2014 s. 34(2). (2) A person (other than the owner of a dangerous dog, menacing dog or restricted breed dog) who— (a) for the time being, is in charge or has care of the dog; and (b) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and (c) without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death— is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
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) s. 321P
Pt 3 Div. 1 Subdiv. (29A) (Heading and s. 456AA) inserted by No. 129/1993 s. 4 (as amended by No. 33/1994 s. 27(5)). (29A) Giving name and address on demand S. 456AA inserted by No. 129/1993 s. 4 (as amended by No. 33/1994 s. 27(5)). 456AA Requirement to give name and address s. 456AA S. 456AA(1) amended by No. 37/2014 s. 10(Sch. item 36.12(a)). (1) A police officer may request a person to state his or her name and address if the police officer believes on reasonable grounds that the person— (a) has committed or is about to commit an offence, whether indictable or summary; or (b) may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed. S. 456AA(2) amended by No. 37/2014 s. 10(Sch. item 36.12(b)). (2) A police officer who makes a request under subsection (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence. S. 456AA(3) amended by Nos 69/1997 s. 22(13), 37/2014 s. 10(Sch. item 36.12(b)). (3) A person who, in response to a request made by a police officer in accordance with this section— (a) refuses or fails to comply with the request; or (b) states a name that is false in a material particular; or
issued against him or a notice to appear has been served on him with respect to the offence alleged. S. 458(4) inserted by No. 68/2009 s. 97(Sch. item 40.32). (4) In subsection (3), notice to appear has the same meaning as in the Criminal Procedure Act 2009. S. 459 (Heading) inserted by No. 43/2011 s. 17(1), amended by No. 37/2014 s. 10(Sch. item 36.14). S. 459 substituted by No. 8247 s. 2, amended by No. 43/2011 s. 17(2)(3) (ILA s. 39B(1)). 459 Powers of police officer or protective services officer to apprehend offenders s. 459 S. 459(1) amended by No. 37/2014 s. 10(Sch. item 36.15(a)). (1) In addition to exercising any of the powers conferred by section 458 or by or under any other Act a police officer, or a protective services officer on duty at a designated place, may at any time without warrant apprehend any person— S. 459(a) amended by No. 68/2009 s. 97(Sch. item 40.33). (a) he believes on reasonable grounds has committed an indictable offence in (including any indictable offence which may be heard and determined summarily); or S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33). (b) he believes on reasonable grounds has committed an offence elsewhere which if committed in would be an indictable offence against the law of (including any indictable offence which may be heard and determined summarily).
(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
(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 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
S. 464(2) def. of mental impairment inserted by No. 23/1991 s. 4(a). mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury; S. 464(2) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 17.3(d)). midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 464(2) def. of missing persons index inserted by No. 16/2002 s. 5. missing persons index means an index of DNA profiles, derived from forensic material, of— (a) persons who are missing; and (b) volunteers who are relatives by blood of missing persons; S. 464(2) def. of National Criminal Investigation DNA Database inserted by No. 32/2007 s. 4(2). National Criminal Investigation DNA Database means the DNA database system that— (a) is known as the National Criminal Investigation DNA Database; and (b) is managed by the Commonwealth; S. 464(2) def. of NCIDD inserted by No. 32/2007 s. 4(2). NCIDD means the National Criminal Investigation DNA Database; s. 464 S. 464(2) def. of non-intimate part of the body inserted by No. 129/1993 s. 6(e). non-intimate part of the body means any part of the body other than an intimate part;
of the sample and in any copy of a record or report; S. 464(2) def. of relevant suspect inserted by No. 84/1989 s. 4(b), substituted by No. 23/1991 s. 4(b), amended by Nos 81/1997 s. 16(f), 61/2001 s. 16(1)(a), 16/2002 s. 17(1), 35/2002 s. 28(Sch. item 3.1), 72/2004 s. 24, substituted by No. 72/2013 s. 3(a). relevant suspect means a person of or above the age of 18 years who— (a) is suspected of having committed or attempted to commit an indictable offence; or (b) has been charged with an indictable offence; S. 464(2) def. of responsible Minister inserted by No. 16/2002 s. 5. responsible Minister, in relation to a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law; S. 464(2) def. of responsible person inserted by No. 32/2007 s. 4(2). responsible person, in relation to a DNA database, means the person responsible for the care, control and management of the system; S. 464(2) def. of security patient inserted by No. 81/1997 s. 16(g), amended by No. 26/2014 s. 455(Sch. item 7.2(d)). security patient has the same meaning as in the Mental Health Act 2014; s. 464
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). * * * * *
S. 464(2) def. of youth residential centre inserted by No. 129/1993 s. 6(g), amended by No. 48/2006 s. 42(Sch. item 9.2(d)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; S. 464(2) def. of young person inserted by No. 38/1988 s. 5(c), repealed by No. 129/1993 s. 6(f). * * * * * S. 464(3) inserted by No. 25/1989 s. 11(b). amended by No. 37/2014 s. 10(Sch. item 36.18(b)). (3) The Minister administering the Victoria Police Act 2013 may appoint by notice published in the Government Gazette a person or class of persons as a person or persons authorised to take fingerprints in accordance with this Subdivision. S. 464AA inserted by No. 27/2006 s. 4. 464AA Digital recordings s. 464AA If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met. S. 464A inserted by No. 37/1988 s. 5. 464A Detention of person in custody (1) Every person taken into custody for an offence (whether committed in or elsewhere) must be— (a) released unconditionally; or (b) released on bail; or
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
S. 464H (Heading) inserted by No. 27/2006 s. 17(5). S. 464H inserted by No. 37/1988 s. 5. 464H Recording of confessions and admissions S. 464H(1) amended by Nos 86/2000 s. 6(1)(c), 27/2006 s. 17(6)(c), 87/2009 s. 3(1). (1) Subject to subsection (2), evidence of a confession or admission made to an investigating official by a person who— (a) was suspected; or (b) ought reasonably to have been suspected— of having committed an offence is inadmissible as evidence against the person in proceedings for an indictable offence unless— S. 464H(1)(c) amended by No. 27/2006 s. 17(6)(a). (c) if the confession or admission was made before the commencement of questioning, the confession or admission was recorded by audio recording or audiovisual recording, or the substance of the confession or admission was confirmed by the person and the confirmation was recorded by audio recording or audiovisual recording; or S. 464H(1)(d) amended by No. 27/2006 s. 17(6)(a). (d) if the confession or admission was made during questioning at a place where facilities were available to conduct an interview, the questioning and anything said by the person questioned was recorded by audio recording or audiovisual recording; or s. 464H S. 464H(1)(e) amended by Nos 86/2000 s. 6(1)(a), 27/2006 s. 17(6)(a). (e) if the confession or admission was made during questioning at a place where facilities were not available to conduct an interview, the questioning and anything said by the person questioned was recorded by audio recording or audiovisual recording, or the substance of the confession or admission was
(c) is an authorised person acting in the performance of his or her duties; or (d) has possession of the recording in a sealed package in the course of his or her duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person. s. 464JA Level 8 imprisonment (1 year maximum). Note The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991. (3) A person must not play an audio recording or an audiovisual recording to another person unless— S. 464JA(3)(a) substituted by No. 64/2010 s. 3(2). (a) the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or (b) the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or S. 464JA(3)(c) amended by No. 37/2014 s. 10(Sch. item 36.19(b)). (c) the recording is played for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013; or (d) the recording is played for purposes connected with disciplinary action against a legal practitioner; or (e) the recording is played in accordance with the direction of a court under section 464JB; or
S. 464JD inserted by No. 87/2009 s. 4. 464JD Use of recordings for training, teaching or testing purposes s. 464JD (1) In this section— S. 464JD(1) def. of prescribed person amended by Nos 64/2010 s. 5(1), 37/2014 s. 10(Sch. item 36.21). prescribed 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) a legal practitioner or a person training to become a legal practitioner; (d) a person, or a person belonging to a class of persons, prescribed for the purposes of this section; (e) an investigating official or a person acting under his or her direction; recording has the same meaning as in section 464JA. (2) Subject to section 464JA, a recording may be played to a prescribed person for the purposes of training or teaching that person or testing the recording equipment if— (a) the suspect has been convicted or found guilty of the charge to which the recording relates; and (b) all legal proceedings in relation to the subject matter in the recording have been concluded; and (c) all reasonable measures have been taken to prevent the identification of the suspect or any other person (including an alleged victim) from the recording when it is played.
S. 464NA(7) amended by No. 41/2004 s. 5(3). (7) A fingerscan taken under this section which is not required to be destroyed under section 464O may be recorded on a computerised database and may be accessed, disclosed, communicated or made use of by a person for the performance of official duties if the recording, accessing, disclosing, communicating or making use of fingerscans on that database by that person, or a person belonging to a class of persons, for that purpose is authorised in writing by the Chief Commissioner of Police. S. 464O inserted by No. 38/1988 s. 4, amended by Nos 25/1989 s. 11(e), 56/1989 s. 286(Sch. 2 items 57/1989 s. 5(1)(f)(i)–(iii), substituted by No. 129/1993 s. 7. 464O Destruction of records s. 464O (1) In this section— S. 464O(1) def. of destroy inserted by No. 35/2002 s. 4. destroy, in relation to a fingerscan, means permanently de-identify information— (a) which identifies the person from whom the fingerscan was taken; or (b) from which the person's identity may be ascertained; S. 464O(1) def. of fingerprints inserted by No. 35/2002 s. 4, amended by No. 41/2004 s. 6. fingerprints includes fingerscan taken under section 464NA or any other provision of this Subdivision;
relevant offence means— (a) the offence in respect of which the fingerprints were taken; or (b) any other offence arising out of the same circumstances; or (c) any other offence in respect of which the fingerprints have probative value. (2) If a person has been fingerprinted in accordance with this Subdivision and— (a) the person has not been charged with a relevant offence at the end of the period of 6 months after the taking of the fingerprints; or (b) the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period— the Chief Commissioner of Police must, subject to subsection (4), destroy the fingerprints and any record, copy or photograph of them, or cause them to be destroyed at the time specified in subsection (3). s. 464O (3) For the purposes of subsection (2), fingerprints taken in accordance with this Subdivision and any record, copy or photograph of them must be destroyed— (a) where the person has not been so charged or the charge is not proceeded with, immediately after that period of 6 months; or (b) where the person is not found guilty, within 1 month after the conclusion of the proceedings and the end of any appeal period.
transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record forthwith. (3) If— S. 464S(3)(a) amended by No. 48/2006 s. 42(Sch. item 9.3). (a) a person is held in a prison, police gaol or youth justice centre or in an institution within the meaning of section 56 of the Corrections Act 1986; and (b) within 24 hours after the giving of the information referred to in subsection (1) the person refuses or fails to consent to the request to undergo a forensic procedure— the person is to be taken as having refused consent. S. 464SA inserted by No. 41/2004 s. 12. 464SA Senior police officer may authorise non-intimate compulsory procedure for certain adults s. 464SA (1) In this section and section 464SB, non-intimate compulsory procedure means the taking of a nonintimate sample or the conduct of a physical examination of a non-intimate part of the body. (2) A senior police officer who is not involved in investigating the offence for which the compulsory procedure is required may authorise the conduct of a non-intimate compulsory procedure on a person if the senior police officer is satisfied that—
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
S. 464Z(1A) inserted by No. 16/2002 s. 7(1), amended by No. 37/2014 s. 10(Sch. item 36.32(a)). (1A) The Chief Commissioner of Police may authorise a police officer, or a class of police officers, to supervise the taking of scrapings from the mouth for the purposes of subsection (3A). S. 464Z(2) amended by No. 16/2002 s. 7(2). (2) The Chief Commissioner must give a copy of an authority under subsection (1) or (1A) to the Minister who must cause it to be laid before the Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Council or the Assembly, as the case may be, after it has been received by the Minister. s. 464Z (3) For the purposes of a forensic procedure under this Subdivision— S. 464Z(3)(a) amended by Nos 81/1997 s. 19(2), 13/2010 s. 51(Sch. item 17.6(a)). (a) an intimate sample (other than a dental impression) or a physical examination of an intimate part of the body may only be taken or conducted by a medical practitioner or nurse or midwife of the same sex, if practicable, as the person from whom the 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).
(6) A sample must be taken or a physical examination must be conducted— S. 464Z(6)(a) amended by Nos 81/1997 s. 21(a), 13/2010 s. 51(Sch. item 17.6(e)). (a) if taken or conducted by a medical practitioner, nurse, midwife or dentist, in a manner consistent with the appropriate medical or dental standards; and S. 464Z(6)(ab) inserted by No. 81/1997 s. 21(b), amended by Nos 16/2002 s. 7(5)(a), 37/2014 s. 10(Sch. item 36.32(d)). (ab) in the presence of a police officer who is present to witness the taking of the sample or the conduct of the physical examination, subject to subsection (9), and is of the same sex, if practicable, as the person from whom the sample is to be taken or who is to be examined; and s. 464Z (b) in circumstances affording reasonable privacy to the person from whom the sample is to be taken or who is to be examined; and (c) in the presence only of— S. 464Z(6)(c)(i) amended by Nos 81/1997 s. 21(c), 37/2014 s. 10(Sch. item 36.32(d)). (i) a police officer required by paragraph (ab) to be present; and (ii) a person required by section 464ZA to be present; and S. 464Z(6) (c)(iii) amended by No. 16/2002 s. 7(5)(b). (iii) a person referred to in subsection (5); and S. 464Z(6) (c)(iv) inserted by No. 16/2002 s. 7(5)(b). amended by No. 37/2014 s. 10(Sch. item 36.32(d)). (iv) a police officer referred to in subsection (3A).
(7) A blood sample for the purposes of this Subdivision must not exceed 10 millilitres. S. 464Z(7A) inserted by No. 41/2004 s. 13(4). (7A) For the purposes of this Subdivision, a person is authorised to take a sample of hair by removing the root of the hair only if— (a) the person takes only so much hair as the person believes is necessary for analysis of the sample or other examination of the hair; and s. 464Z (b) strands of hair are taken using the least painful technique known and available to the person. S. 464Z(8) amended by Nos 81/1997 s. 19(5), 13/2010 s. 51(Sch. item 17.6(f)). (8) This Subdivision does not compel any medical practitioner, nurse, midwife or dentist to take a sample from a person nor to conduct a physical examination of a person nor to be present when a sample is taken or an examination is conducted. 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.
offence and on behalf of the person suspected of having committed the offence. S. 464ZD inserted by No. 84/1989 s. 5, amended by No. 84/1989 ss 7(l)(m), 8(d), substituted by No. 129/1993 s. 7, amended by Nos 80/1998 s. 3(a)(i)–(iii), 41/2004 s. 15, 27/2006 s. 7. 464ZD Forensic reports to be made available s. 464ZD If a forensic procedure has been conducted on a person in accordance with section 464R, 464SA, 464T(3), 464U(7), 464V(5), 464ZF(2) or (3) or 464ZFAAA(2) or sections 464ZGB to 464ZGD or otherwise in accordance with this Subdivision, a copy of every forensic report must be given or sent by registered post as soon as practicable to that person (or, in the case of a forensic procedure conducted in accordance with section 464ZF or 464ZFAAA on a person who is a child within the meaning of that section, to that child and a parent or guardian of that child) or his or her legal practitioner. S. 464ZE inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZE Evidence relating to forensic procedures S. 464ZE(1) amended by Nos 81/1997 s. 24(1)(a), 16/2002 s. 9. (1) Subject to subsection (4) and section 464ZGO, evidence obtained as a result of a forensic procedure conducted on a person, or from a sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, is inadmissible as part of the prosecution case in proceedings against that person for any offence if— S. 464ZE(1)(a) amended by No. 81/1997 s. 24(1)(b). (a) the requirements of sections 464R to 464ZA, sections 464ZF to 464ZFB, sections 464ZGB to 464ZGD or section 464ZGF (as the case may be) have not been complied with; or
that leave is sought, must not be executed unless— (a) leave to appeal against the verdict is refused; or (b) leave to appeal against the verdict is granted but the appeal is dismissed. (14) If an order made by a court under subsection (2) has been executed after the expiry of the appeal period in relation to the verdict of not guilty because of mental impairment in respect of a forensic sample offence and leave to appeal against the verdict is granted after the expiry of that period— S. 464ZFAAA (14)(a) amended by No. 37/2014 s. 10(Sch. item 36.34). (a) any sample and any related material and information taken may be retained by a police officer but may not be used for any purpose pending the final determination of the appeal against the verdict; and (b) if, on appeal, the verdict is set aside, the Chief Commissioner of Police must, without delay, destroy or cause to be destroyed any sample taken and any related material and information. (15) If on appeal a verdict of not guilty because of mental impairment is set aside, an order made by a court under subsection (2) ceases to have effect. S. 464ZFAA inserted by No. 16/2002 s. 11. 464ZFAA Notice to attend for forensic procedure s. 464ZFAA S. 464ZFAA(1) amended by No. 37/2014 s. 10(Sch. item 36.35(a)). (1) If a senior police officer is satisfied that— (a) an order under section 464ZF(2) in respect of a person was made— (i) before the commencement of section 11 of the Crimes (DNA Database) Act 2002; or
S. 464ZFA(2) amended by No. 16/2002 s. 12(2)(a). (2) A warrant issued under subsection (1) or (1B) may be directed to— S. 464ZFA (2)(a) amended by No. 37/2014 s. 10(Sch. item 36.36 (b)(i)). (a) a named police officer; or S. 464ZFA (2)(b) amended by No. 37/2014 s. 10(Sch. item 36.36(b)(ii)). (b) generally all police officers. s. 464ZFA S. 464FA(3) amended by Nos 16/2002 s. 12(2)(b), 37/2014 s. 10(Sch. item 36.36(c)). (3) A warrant issued under subsection (1) or (1B) directed to a named police officer may be executed by any police officer. S. 464ZFA(4) amended by No. 16/2002 s. 12(2)(c)(i). (4) If a court issues a warrant under subsection (1) or a magistrate or registrar issues a warrant under subsection (1B), the court, magistrate or registrar must— S. 464ZFA (4)(a) amended by No. 16/2002 s. 12(2)(c)(ii). (a) give reasons for the decision; and (b) cause a note of the reasons to be entered in the records of the court. S. 464ZFA(5) amended by No. 16/2002 s. 12(2)(d)(i)(ii). (5) A failure of a court, magistrate or registrar to comply with subsection (4) does not invalidate any order made by the court, magistrate or registrar but constitutes non-compliance for the purposes of section 464ZE(1)(a).
S. 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. 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. S. 464ZGC inserted by No. 81/1997 s. 28. 464ZGC Withdrawal of consent prior to giving sample s. 464ZGC S. 464ZGC(1) amended by No. 37/2014 s. 10(Sch. item 36.37). (1) A person, at any time prior to giving a sample, may withdraw the consent that was given by him or her in accordance with section 464ZGB either— (a) orally; or
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. 464ZGI(3) amended by No. 32/2007 s. 8(2). (3) A person is not guilty of an offence against subsection (2) if the person's conduct causes a matching that is not permitted by this Subdivision but the matching is solely for the purpose of administering the Victorian DNA database. S. 464ZGJ (Heading) amended by No. 32/2007 s. 9(1). S. 464ZGJ inserted by No. 16/2002 s. 16. 464ZGJ Recording, retention and removal of identifying information on DNA database s. 464ZGJ (1) In this section— S. 464ZGJ(1) def. of identifying information substituted by No. 32/2007 s. 9(2). identifying information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database; S. 464ZGJ(1) def. of identifying period amended by No. 32/2007 s. 9(1)(3)-(5). identifying period for identifying information means— (a) except as provided by paragraphs (b) and (c), the period of 12 months after the information is placed on the DNA database; (b) if the information is derived from forensic material taken from a volunteer—the period after the information is placed on the DNA database that is agreed by the Chief Commissioner of Police and the volunteer; (c) if the information is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is period for which the Chief Commissioner of Police orders the
(2) A notice under subsection (1) must be— (a) given within 7 days after the thing is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. S. 465E inserted by No. 63/2003 s. 44. 465E Effect of directions under sections 465(1B) and 465C s. 465E If a direction has been made under section 465(1B) or 465C, the thing to which the direction applies— (a) is deemed, on and from the date on which the thing is no longer required for evidentiary purposes under this Act, to have been seized as tainted property under a warrant under section 79 of the Confiscation Act 1997; and (b) is to be dealt with under that Act accordingly. No. 6103 s. 466. S. 466 amended by Nos 25/1989 s. 15(a)(b), 57/1989 s. 3(Sch. item 42.58(a)(b)). 466 Justice may issue warrant to search for gunpowder Where any credible person on oath before a magistrate shows reasonable cause to suspect that a person named or described has in his possession or on his premises any machine or implement or gunpowder or other explosive dangerous or noxious substance or things suspected to be made or kept or carried for the purpose of committing any of the felonies in Division one or three of Part I, the magistrate may grant a warrant to search for the same by day or by night. S. 467 repealed by No. 25/1989 s. 16. * * * * * Ss 468, 469 repealed by No. 25/1989 s. 9. * * * * *
(b) if of or above the age of sixteen years and under the age of eighteen years is so detained against her will or against the will of her father or mother or of any other person having the lawful care or charge of her; or (c) if of or above the age of eighteen years is so detained against her will. s. 470 (5) Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be, by force) any house building or other place specified in such warrant, and may remove such woman or girl therefrom. 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
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 s. 547 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). * * * * *
Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (cultivation of a narcotic plant in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant). 31 An offence against section 72(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 (cultivation of a narcotic plant for a purpose related to trafficking in that narcotic plant). __________________ Schs 8A–11 repealed. * * * * * Sch. 8 ENDNOTES Endnotes General Information The Crimes Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892. Table of Amendments Endnotes This Version incorporates amendments made to the Crimes Act 1958 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Companies Act 1958, No. 6455/1958 Assent Date: 2.12.58 Commencement Date: 1.4.59: Government Gazette 4.3.59 p. 496 : All of Act in operation Statute Law Revision Act 1959, No. 6505/1959 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 Endnotes Crimes (Breath Test Evidence) Act 1961, No. 6806/1961 Assent Date: 5.12.61 Commencement Date: 20.12.61: Government Gazette 20.12.61 p. 4335 : All of Act in operation Companies Act 1961, No. 6839/1961
Assent Date: 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
Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 25.1.78 p. 201 : All of Act in operation Crimes (Hijackings and Other Offences) Act 1978, No. 9155/1978 Assent Date: 30.5.78 Commencement Date: 1.10.78: Government Gazette 6.9.78 p. 2869 : All of Act in operation Crimes (Criminal Damage) Act 1978, No. 9228/1978 (as amended by No. 9427/1980) Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Competence and Compellability of Spouse Witnesses) Act 1978, No. 9230/1978 Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Amendment) Act 1978, No. 9242/1978 Assent Date: 19.12.78 Commencement Date: Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79: Government Gazette 21.3.79 p. 729 : All of Act in operation Crimes (Amendment) Act 1979, No. 9323/1979 Assent Date: 18.12.79 Commencement Date: 1.7.80: Government Gazette 25.6.80 p. 2121 : All of Act in operation Imperial Law Re-enactment Act 1980, No. 9407/1980 Assent Date: 20.5.80 Commencement Date: 2.7.80: Government Gazette 2.7.80 p. 2257 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80 (except as otherwise provided in s. 6(2)): s. 1(2) : All of Act in operation Community Welfare Services (Extradition) Act 1980, No. 9498/1980 Assent Date: 23.12.80 Commencement Date: 23.12.80 : All of Act in operation Crimes (Sexual Offences) Act 1980, No. 9509/1980 Assent Date: 23.12.80 Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338 : All of Act in operation Endnotes
Crimes (Procedure) Act 1983, No. 10026/1983 Assent Date: 20.12.83 Commencement Date: 7.2.84: Government Gazette 7.2.84 p. 381 : All of Act in operation Crimes (Criminal Investigations) Act 1984, No. 10076/1984 Assent Date: 15.5.84 Commencement Date: 5.6.84: Government Gazette 5.6.84 p. 1777 : All of Act in operation Crimes (Conspiracy and Incitement) Act 1984, No. 10079/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Endnotes Crimes (General Amendment) Act 1984, No. 10084/1984 Assent Date: 22.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Planning (Brothels) Act 1984, No. 10094/1984 (as amended by No. 124/1986) Assent Date: 22.5.84 Commencement Date: S. 14 on 2.7.84: Government Gazette 30.5.84 p. 1674 : This information relates only to the provision/s amending the Crimes Act 1958 Penalties and Sentences (Amendment) Act 1984, No. 10152/1984 Assent Date: 20.11.84 Commencement Date: S. 9 on 1.6.85: Government Gazette 22.5.85 p. 1667 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1985, No. 10233/1985 Assent Date: 10.12.85 Commencement Date: Ss 1–3, 10 on 22.1.86: Government Gazette 22.1.86 p. 144; rest of Act on 24.3.86: Government Gazette 12.2.86 p. 382 : All of Act in operation Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985 Assent Date: 10.12.85 Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114 : All of Act in operation
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 3–5 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date: 3.6.08 Commencement Date: S. 77 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 3) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 272 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: S. 242 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Abortion Law Reform Act 2008, No. 58/2008 Assent Date: 22.10.08 Commencement Date: Ss 9–11 on 23.10.08: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: S. 69 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment ( and Other Matters) Act 2008, No. 78/2008 Assent Date: 11.12.08 Commencement Date: S. 25 on 31.12.09: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958