(8G) Abrogation of obsolete rules of law 89 62 Abrogation of obsolete rules of law 89 (9) Child stealing 89 63 Child stealing 89 (9A) Kidnapping 90 63A Kidnapping 90 (10) Bigamy 91 64 Bigamy 91 (11) Attempts to procure abortion 91 65 Abortion performed by unqualified person 91 66 Abortion—Abolition of common law offences 93 (12) Concealing the birth of a child 93 67 Concealing birth of a child 93 (13) Child pornography 94 67A Definitions 94 68 Production of child pornography 95 69 Procurement etc. of minor for child pornography 97 70 Possession of child pornography 98 70AAA Exceptions to child pornography offences 102 70AA Forfeiture 105 (14) Sexual performances involving a minor 107 70AB Definitions 107 70AC Sexual performance involving a minor 107 Division 1A—Piracy 108 70A Piracy with violence 108 70B Piratical acts 109 70C Trading etc. with pirates 110 70D Being found on board piratical vessel and unable to prove noncomplicity 111 Division 2—Theft and similar or associated offences 111 71 Definitions 111 72 Basic definition of theft 112 73 Further explanation of theft 112 Theft, robbery, burglary, &c. 116 74 Theft 116 75 Robbery 117
S. 9A inserted by No. 9407 s. 2(a). 9A Treason S. 9A(1) amended by Nos 37/1986 s. 9, 49/1991 s. 119(1) (Sch. 2 item 6(a)(i)). (1) A person who— (a) kills the Sovereign, does the Sovereign any bodily harm tending to the death or destruction of the Sovereign or maims, wounds, imprisons or restrains the Sovereign; S. 9A(1)(b) amended by No. 60/2013 s. 6(Sch. 2 item 1). (b) kills the eldest child and heir apparent, or the Consort, of the Sovereign; (c) levies war, or does any act preparatory to levying war, against the Commonwealth of Australia; (d) assists by any means whatever, with intent to assist, an enemy at war with the Commonwealth of Australia, whether or not the existence of a state of war has been declared; (e) instigates a foreigner to make an armed invasion of the Commonwealth or any Territory not forming part of the Commonwealth; or (f) forms an intention to do any act referred to in a preceding paragraph of this subsection and manifests that intention by an overt act— shall be guilty of an indictable offence, called treason, and liable to—
S. 21A(8) inserted by No. 20/2011 s. 3(5). (8) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. Note to s. 21A inserted by No. 68/2008 s. 69(2), substituted by No. 53/2010 s. 221(Sch. item 4). Note The Personal Safety Intervention Orders Act 2010 provides that the Court within the meaning of that Act may make a personal safety intervention order in respect of stalking. S. 22 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14). 22 Conduct endangering life A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 16). 23 Conduct endangering persons A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 24 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 16), 7/2008 s. 4. 24 Negligently causing serious injury A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum).
S. 25 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 11). 25 Setting traps etc. to kill A person who sets a trap or device with the intention of killing another person (whether a trespasser or not) or being reckless as to whether or not another person (whether a trespasser or not) is killed is guilty of an indictable offence. Level 4 imprisonment (15 years maximum). S. 26 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14). 26 Setting traps etc. to cause serious injury A person who sets a trap or device with the intention of causing, or being reckless as to whether or not there is caused, serious injury to another person (whether a trespasser or not) is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 27 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 11). 27 Extortion with threat to kill A person who makes a demand of another person— (a) with a threat to kill or inflict injury on a person (other than the offender or an accomplice of the offender); or (b) with a threat in circumstances where, if the threat were carried out, the life of a person (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).
New s. 35 inserted by No. 81/1991 s. 3. 35 Definitions (1) In Subdivisions (8A) to (8G)— de facto spouse means a person who is living with a person of the opposite sex as if they were married although they are not; S. 35(1) def. of domestic partner inserted by No. 2/2006 s. 3(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 16.1), amended by No. 4/2009 s. 37(Sch. 1 item 9.1). domestic partner of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); sexual penetration means— (a) the introduction (to any extent) by a person of his penis into the vagina, anus or mouth of another person, whether or not there is emission of semen; or (b) the introduction (to any extent) by a person of an object or a part of his or her body (other than the penis) into the vagina or anus of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes; vagina includes— (a) the external genitalia; and (b) a surgically constructed vagina.
Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3. (8B) Incest S. 44 substituted by No. 8/1991 s. 3. 44 Incest S. 44(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (1) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her child or other lineal descendant or his or her step-child. Level 2 imprisonment (25 years maximum). 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). S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section.
S. 45(2)(a) amended by No. 7/2010 s. 3(1). (a) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, under the age of 12, to level 2 imprisonment (25 years maximum); or S. 45(2)(b) amended by No. 7/2010 s. 3(2). (b) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, aged between 12 and 16 and under the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or S. 45(2)(c) substituted by No. 7/2010 s. 3(3). (c) in any other case of sexual penetration of a child between the ages of 12 and 16, to level 5 imprisonment (10 years maximum). S. 45(2A) inserted by No. 52/2014 s. 14. (2A) The baseline sentence for an offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). * * * * * S. 45(4) amended by No. 7/2010 s. 3(5). (4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 12 or older and— S. 45(4)(a) amended by No. 2/2006 s. 9(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or
S. 50(1) def. of worker substituted by Nos 2/2006 s. 15(c), 49/2010 s. 227(b). worker means a person who delivers, or assists in delivering, at a facility (whether as an employee or as a volunteer or in any other capacity)— (a) a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment residing at the facility or attending the facility to take part in the program; or (b) other services to residents at a residential facility— but does not include a person with a cognitive impairment who also resides at the facility or attends the facility to take part in the program. S. 50(2) amended by No. 23/2006 s. 236(2). (2) For the purposes of this Subdivision a person in respect of whom a statement has been issued by the Secretary to the Department of Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006 must be taken to be intellectually disabled. S. 51 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 items 8, 9), 48/1997 s. 60(1)(Sch. 1 items 28, 29), substituted by No. 2/2006 s. 16. 51 Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services (1) A person who provides medical or therapeutic services to a person with a cognitive impairment who is not his or her spouse or domestic partner must not take part in an act of sexual penetration with that person. Level 5 imprisonment (10 years maximum).
S. 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(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).
S. 55 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 10), 48/1997 s. 60(1)(Sch. 1 item 32). 55 Abduction or detention A person must not take away a person by force or detain a person against his or her will— (a) with the intention of getting married to, or taking part in an act of sexual penetration with, that person; or (b) with the intention that that person should marry, or take part in an act of sexual penetration with, another person. Level 5 imprisonment (10 years maximum). S. 56 substituted by No. 8/1991 s. 3. 56 Abduction of child under the age of 16 S. 56(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 33). (1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum). S. 56(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 69/1997 s. 22(2). (2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum).
S. 57 substituted by No. 8/1991 s. 3. 57 Procuring sexual penetration by threats or fraud S. 57(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 34(a)). (1) A person must not by threats or intimidation procure a person to take part in an act of sexual penetration. Level 5 imprisonment (10 years maximum). S. 57(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 34(b)). (2) A person must not by any fraudulent means procure a person to take part in an act of sexual penetration. Level 6 imprisonment (5 years maximum). S. 58 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 35), substituted by No. 2/2006 s. 18. 58 Procuring sexual penetration of a child (1) A person aged 18 years or more must not solicit or procure a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with him or her or another person. Level 5 imprisonment (10 years maximum). (2) A person aged 18 years or more must not solicit or procure another person to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with a child under the age of 16 years. Level 5 imprisonment (10 years maximum).
(e) the image does not depict an act that is a criminal offence punishable by imprisonment. Example The image depicts the minor (A) taking part in an act of sexual penetration with another minor who is not more than 2 years younger. Both are consenting to the act. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (3) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image depicts A alone or with another person; and (c) the image depicts an act that is a criminal offence; and (d) A is a victim of that offence. Example The image depicts the minor (A) being raped by another person. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (4) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image does not depict A; and (c) the image— (i) does not depict an act that is a criminal offence punishable by imprisonment; or (ii) depicts an act that is a criminal offence punishable by imprisonment but A believes on reasonable grounds that it does not; and
Pt 1 Div. 1 Subdiv. (14) (Heading and s. 70) repealed by No. 9509 s. 6. * * * * * Pt 1 Div. 1A (Heading and ss 70A–70D) inserted by No. 9407 s. 2(b). Division 1A—Piracy (1837) 7 William IV and 1 Vict. c. LXXXVIII s. 2. S. 70A inserted by No. 9407 s. 2(b), amended by Nos 37/1986 s. 10, 49/1991 s. 119(1) (Sch. 2 item 36(a)). 70A Piracy with violence Any person who with intent to commit or at the time of or immediately before or immediately after committing the offence of piracy in respect of any vessel— (a) assaults with intent to murder any person on board or belonging to the vessel; or (b) wounds any such person; or (c) unlawfully does any act by which the life of any such person may be endangered— shall be liable to— S. 70A(a) (where secondly occurring) inserted by No. 37/1986 s. 10, amended by No. 49/1991 s. 119(1) (Sch. 2 item 36(b)), substituted as s. 70A(d) by No. 48/1997 s. 60(1)(Sch. 1 item 48). (d) level 3 imprisonment (20 years maximum); or
S. 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. 75 substituted by No. 8425 s. 2(1)(b). 75 Robbery S. 75(1) amended by No. 9323 s. 2(a). (1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force. S. 75(2) amended by Nos 9048 s. 3, 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 53). (2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 75A inserted by No. 9048 s. 2. 75A Armed robbery (1) A person is guilty of armed robbery if he commits any robbery and at the time has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the meaning assigned to those terms for the purposes of section 77(1).
S. 75A(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41A), 48/1997 s. 60(1)(Sch. 1 item 54). (2) A person guilty of armed robbery is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). S. 76 substituted by No. 8425 s. 2(1)(b). 76 Burglary (1) A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent— (a) to steal anything in the building or part in question; or (b) to commit an offence— (i) involving an assault to a person in the building or part in question; or (ii) involving any damage to the building or to property in the building or part in question— which is punishable with imprisonment for a term of five years or more. (2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. S. 76(3) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 42), 48/1997 s. 60(1)(Sch. 1 item 55). (3) A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
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.
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. S. 86 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b). 86 Suppression etc. of documents
(5) It is a defence to a prosecution for an offence under this section if the accused satisfies the court that the accused dealt with the property in order to assist the enforcement of a law of the Commonwealth, a State or a Territory. Pt 1 Div. 2B (Heading and ss inserted by No. 20/2013 s. 3. Division 2B—Cheating at gambling S. 195B inserted by No. 20/2013 s. 3. 195B Interpretation (1) In this Division— bet includes— (a) place, accept or withdraw a bet; and (b) cause a bet to be placed, accepted or withdrawn; causing a financial disadvantage includes— (a) causing a financial disadvantage to another person; and (b) inducing a third person to do something that results in another person suffering a financial disadvantage— whether the financial disadvantage is permanent or temporary; conduct means an act or omission to do an act; conduct that corrupts or would corrupt a betting outcome of an event or an event contingency means conduct that—
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). * * * * *
No. 6103 s. 228. S. 228 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 75). 228 Removing etc. piles of sea banks Whosoever unlawfully and maliciously cuts off draws up or removes any piles chalk or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdivs (10)(11) (Headings and ss 229–231) repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (12) (Heading) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 232. S. 232 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 232 Placing things on railways to obstruct or overturn engine etc. Whosoever unlawfully and maliciously puts places casts or throws upon or across any railway any wood stone or other matter or thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or
Pt 1 Div. 3 Subdiv. (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).
(4) The means by which authorisation or permission as required by section 254(1)(b)(ii) may be established include— (a) proving that an officer of the body corporate gave that authorisation or permission; or (b) proving that the body corporate's board of directors gave that authorisation or permission; or (c) proving that a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the relevant conduct being carried out. (5) Subsection (4)(a) does not apply if the body corporate proves that it exercised due diligence to prevent the authorisation or permission being given. (6) Factors relevant to the application of subsection (1)(c)(iii) or (4)(c) include— (a) whether authority to commit an offence against section 254 or an offence of a similar character had been given by an officer of the body corporate; and (b) whether the associate of the body corporate who carried out the relevant conduct or formed the relevant intention believed on reasonable grounds, or entertained a reasonable expectation, that an officer of the body corporate would have authorised or permitted the relevant conduct being carried out with the relevant intention. (7) Subject to subsection (8), it is not necessary that each element of an offence against section 254 that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.
S. 321I(2)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(ii)), 69/1997 s. 22(9). (b) the person shall, in any other case, be liable to a level 6 fine (600 penalty units maximum). S. 321J inserted by No. 10079 s. 7(2). 321J Application of certain provisions Subsections (2) and (3) of section 321G shall apply, so far as they are capable of doing so and with such changes as are necessary, for the purpose of determining whether a person is guilty of incitement under any enactment other than section 321G. S. 321K inserted by No. 10079 s. 7(2). 321K Limitations on prosecution (1) Where any enactment prohibits the institution or continuance of proceedings for an offence otherwise than by or with the consent of any person, the prohibition shall apply in relation to proceedings under section 321G for incitement to commit that offence. (2) Where— (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired— proceedings under section 321G for incitement to commit that offence shall not be instituted against any person. (3) A person shall not be liable to be convicted in respect of the same inciting of both— (a) incitement under section 321G; and (b) incitement under any enactment other than section 321G.
S. 321O inserted by No. 10233 s. 4. 321O Attempts to commit offence outside (1) A person in who attempts to commit in another State or in a Territory an offence which, if committed in whole or in part in , would be an indictable offence against the law of is guilty of the indictable offence of attempting to commit that offence. (2) A person outside who attempts to commit an indictable offence in is guilty of the indictable offence of attempting to commit that offence. (3) In subsection (1), Territory means the , the or the . S. 321P inserted by No. 10233 s. 4. 321P Penalties for attempt S. 321P(1) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 64). (1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table: S. 321P(1)(a) Table substituted by Nos 48/1997 s. 60(1)(Sch. 1 item 94(a)), 69/1997 s. 23. TABLE Column 1 Column 2 Level 1 imprisonment (life) Level 2 imprisonment (25 years maximum) Level 2 imprisonment (25 years maximum) Level 3 imprisonment (20 years maximum) Level 2 fine (3000 penalty units maximum) Level 3 fine (2400 penalty units maximum) Level 3 imprisonment (20 years maximum) Level 4 imprisonment (15 years maximum) Level 3 fine (2400 penalty units maximum) Level 4 fine (1800 penalty units maximum) Level 4 imprisonment (15 years maximum) Level 5 imprisonment (10 years maximum)
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)
(3) For the purposes of this section a person shall be deemed to accept a benefit if he accepts or agrees to accept any benefit or advantage, or the promise of any benefit or advantage, either to himself or to another, whether or not the benefit or advantage is in money or money's worth. S. 326(4) repealed by No. 9848 s. 18(1). * * * * * (5) The compounding of an offence other than treason shall not be an offence otherwise than under this section. (6) In this section, serious indictable offence has the same meaning as it has in section 325. New s. 327 inserted by No. 36/2014 s. 4. 327 Failure to disclose sexual offence committed against child under the age of 16 years (1) In this section— interests includes reputation, legal liability and financial status; organisation includes a body corporate or an unincorporated body or association, whether the body or association— (a) is based in or outside Australia; or (b) is part of a larger organisation; sexual offence means— (a) an offence under Subdivision (8A), (8B), (8C), (8D), (8E) or (8EAA) of Division 1 of Part I or under any corresponding previous enactment; or (b) an attempt to commit an offence referred to in paragraph (a); or
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. 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. 464B(10) def. of investigating official inserted by No. 72/2013 s. 4(2)(b). investigating official, in relation to an offence committed outside Victoria, includes a person (other than a person who is engaged in covert investigations under the orders of a superior) who is— (a) a member of— (i) the Australian Federal Police; or (ii) the police force of another State or a Territory; or (b) a person appointed by or under an Act of the Commonwealth or another State or a Territory whose functions or duties include functions or duties in respect of the prevention or investigation of offences; Note Part IC of the Crimes Act 1914 of the Commonwealth applies if the investigating official is a member of the Australian Federal Police. S. 464B(10) def. of offence inserted by No. 72/2013 s. 4(2)(b). offence includes an offence against a law of the Commonwealth or another State or a Territory. S. 464B(11) inserted by No. 72/2013 s. 4(3). (11) An investigating official may question a person (other than a child) who is held in a prison or police gaol and is reasonably suspected of having committed an offence (whether in Victoria or elsewhere) other than the offence for which he or she is being held about his or her involvement (if any) in that offence if— (a) the investigating official is satisfied that the person is not incapable of giving informed consent by reason of mental impairment; and
S. 464JC(2A) inserted by No. 64/2010 s. 4(4), amended by Nos 48/2012 s. 47, 37/2014 s. 10(Sch. item 36.20). (2A) If the recording has been made by an investigating official who is not a police officer, the recording must be kept in the custody of the Department Head for the Department, where the investigating official made the recording in the course of carrying out duties for or on behalf of that Department. S. 464JC(2B) inserted by No. 64/2010 s. 4(4). (2B) A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording. S. 464JC(3) amended by No. 64/2010 s. 4(5). (3) If the court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner of Police or the Department Head retain the copy for a further period specified in the order. (4) An application for an order under subsection (3) may be made by— (a) the suspect in relation to whom the recording was made; or (b) an authorised person acting in the performance of his or her duties. (5) The court must not make an order under subsection (3) unless— S. 464JC(5)(a) amended by No. 64/2010 s. 4(6)(a). (a) the court is satisfied that the applicant has given reasonable notice of the application to the suspect and the Chief Commissioner of Police or the Department Head; and S. 464JC(5)(b) amended by No. 64/2010 s. 4(6)(b). (b) the court has given the suspect and the Chief Commissioner of Police or the Department Head a reasonable opportunity to be heard.
S. 464NA(2) amended by No. 37/2014 s. 10(Sch. item 36.25(a)). (2) If a person of or above the age of 15 years— (a) has been charged with an indictable offence or a summary offence referred to in Schedule 7; and (b) is present in a police station because of the charging or has been remanded in custody in relation to the charge— a police officer may take a fingerscan of the person for the purpose only of identifying the person. S. 464NA(3) amended by No. 37/2014 s. 10(Sch. item 36.25(a)). (3) Before fingerscanning a person under this section, a police officer must inform the person, in language likely to be understood by the person, that the fingerscan— (a) is to be taken only for the purpose of identifying the person; and (b) is inadmissible as evidence. S. 464NA(4) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (4) A police officer may use reasonable force to take the fingerscan of a person referred to in subsection (2) who refuses to allow it to be taken voluntarily if— S. 464NA(4)(a) amended by No. 37/2014 s. 10(Sch. item 36.25(b)(ii)). (a) the use of reasonable force is authorised by a police officer in charge of a police station at the relevant time or a police officer or above the rank of sergeant; and S. 464NA(4)(b) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)). (b) before fingerscanning the person, the police officer informs the person, in language likely to be understood by the person, that reasonable force may be used to obtain it. (5) A person of the same sex as the person to be fingerscanned must, if practicable, take the fingerscan. S. 464NA(6) amended by No. 41/2004 s. 5(2). (6) A fingerscan taken under this section is inadmissible as evidence in any proceeding.
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 (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;
S. 464R(2)(c) inserted by No. 41/2004 s. 10(b). (c) a senior police officer gives an authorisation under section 464SA. S. 464S inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 7(a)(b), substituted by No. 129/1993 s. 7. 464S Informed consent S. 464S(1) amended by No. 37/2014 s. 10(Sch. item 36.26). (1) A person gives informed consent to a request to undergo a forensic procedure if he or she consents to the request after a police officer informs the person in language likely to be understood by the person— (a) of the purpose for which the procedure is required; and (b) of the nature of the procedure sought to be conducted; and S. 464S(1)(c) amended by Nos 81/1997 s. 19(1), 13/2010 s. 51(Sch. item 17.4). (c) that the person may request that the procedure be conducted by or in the presence of a medical practitioner or nurse or midwife of his or her choice or, where the procedure is the taking of a dental impression, a dentist of his or her choice; and (d) of the offence which the person is suspected of having committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and (e) that the procedure could produce evidence to be used in a court; and S. 464S(1)(ea) inserted by No. 16/2002 s. 6. (ea) that information obtained from analysis of forensic material obtained by the procedure will be placed on a DNA database and may
practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information and the responses are recorded in writing, a copy of the record forthwith. S. 464Z inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464Z Procedure for taking samples etc. (1) The Chief Commissioner of Police may authorise a person to take non-intimate samples or to conduct physical examinations of a non-intimate part of the body for the purposes of this Subdivision. 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. (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
offence and on behalf of the person suspected of having committed the offence. S. 464ZD inserted by No. 84/1989 s. 5, amended by No. 84/1989 ss 7(l)(m), 8(d), substituted by No. 129/1993 s. 7, amended by Nos 80/1998 s. 3(a)(i)–(iii), 41/2004 s. 15, 27/2006 s. 7. 464ZD Forensic reports to be made available If a forensic procedure has been conducted on a person in accordance with section 464R, 464SA, 464T(3), 464U(7), 464V(5), 464ZF(2) or (3) or 464ZFAAA(2) or sections 464ZGB to 464ZGD or otherwise in accordance with this Subdivision, a copy of every forensic report must be given or sent by registered post as soon as practicable to that person (or, in the case of a forensic procedure conducted in accordance with section 464ZF or 464ZFAAA on a person who is a child within the meaning of that section, to that child and a parent or guardian of that child) or his or her legal practitioner. S. 464ZE inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZE Evidence relating to forensic procedures S. 464ZE(1) amended by Nos 81/1997 s. 24(1)(a), 16/2002 s. 9. (1) Subject to subsection (4) and section 464ZGO, evidence obtained as a result of a forensic procedure conducted on a person, or from a sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, is inadmissible as part of the prosecution case in proceedings against that person for any offence if— S. 464ZE(1)(a) amended by No. 81/1997 s. 24(1)(b). (a) the requirements of sections 464R to 464ZA, sections 464ZF to 464ZFB, sections 464ZGB to 464ZGD or section 464ZGF (as the case may be) have not been complied with; or
S. 464ZE(2)(a) amended by No. 81/1997 s. 24(2)(b). (a) the prosecution satisfies the court on the balance of probabilities that the circumstances justify the reception of the evidence; or (b) the accused consents to the reception of the evidence. S. 464ZE(2A) inserted by No. 81/1997 s. 24(3), amended by No. 80/1998 s. 3(c). (2A) In determining whether the circumstances justify the reception of evidence otherwise inadmissible by reason of subsection (1)(a) or (1)(ab), the court may have regard to the following— (a) the probative value of the evidence, including whether equivalent evidence or evidence of equivalent probative value could have been obtained by other means; S. 464ZE (2A)(b) amended by No. 80/1998 s. 3(c). (b) the reasons given for the failure to comply with a provision referred to in subsection (1)(a) or (1)(ab); (c) the gravity of that failure and whether it deprived the person of a significant protection under this Subdivision; (d) whether that failure was intentional or reckless; (e) the nature of the requirement that was not complied with; (f) the nature of the offence alleged against the person and the subject-matter of the proceedings; (g) whether the reception of the evidence would seriously undermine the protection given to persons under this Subdivision; (h) any other matters the court considers relevant.
(b) the date on which every sample listed in the report was taken; and (c) information on whether any of the samples listed in the report or in any previous report submitted under this section have been destroyed within the period to which the report relates; and S. 464ZFE(d) amended by No. 41/2004 s. 18(a). (d) if a sample has been destroyed, the date of destruction and the name of the person who has destroyed it; and S. 464ZFE(e) inserted by No. 41/2004 s. 18(b). (e) the number of authorisations given under section 464SA within the period to which the report relates; and S. 464ZFE(f) inserted by No. 41/2004 s. 18(b). (f) the number of authorisations refused to be given under section 464SA within the period to which the report relates. S. 464ZG inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7. 464ZG Destruction of identifying information (1) In this section, relevant offence means— S. 464ZG(1)(a) amended by No. 72/2013 s. 13. (a) the indictable offence in respect of which the forensic procedure was conducted; or S. 464ZG(1)(b) amended by No. 72/2013 s. 13. (b) any other indictable offence arising out of the same circumstances; or S. 464ZG(1)(c) amended by No. 72/2013 s. 13. (c) any other indictable offence in respect of which the evidence obtained as a result of the forensic procedure has probative value. S. 464ZG(2) repealed by No. 81/1997 s. 27(1). * * * * *
(C) on an object or person reasonably believed to have been associated with the commission of the offence; or S. 464ZGF(1) (a)(ii) amended by No. 37/2014 s. 10(Sch. item 36.37). (ii) if the offence is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I, and a police officer reasonably believes that a child has been conceived as a result of the commission of the offence and a sample has been taken from that child; and S. 464ZGF (1)(b) amended by No. 37/2014 s. 10(Sch. item 36.37). (b) a police officer reasonably believes that information obtained from the analysis of the sample voluntarily given by the person, and from any related material and information, has probative value in relation to the indictable offence being investigated; and (c) the person who voluntarily gave that sample has withdrawn his or her consent to the retention of that sample; and (d) the information obtained from the analysis of the voluntary sample, and from any related material and information, has not been destroyed in accordance with section 464ZGE(2)(a) and (3)(a). (2) A court hearing an application under subsection (1) must— (a) be satisfied on the balance of probabilities that there are reasonable grounds to believe that the person has committed the offence in respect of which the application is made; and (b) be satisfied that, in all the circumstances, the making of the order is justified.
(3) If the court makes an order under subsection (1), it must give reasons for its decision and cause a copy of the order and reasons to be served on the person who voluntarily gave the sample. (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. 464ZGFA inserted by No. 72/2013 s. 15. 464ZGFA Voluntary samples given by police or VIFM personnel (1) In this section— Institute means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 1985; relevant agency means— (a) Victoria Police; or (b) the Institute. (2) Any of the following persons may volunteer to give to a relevant agency a sample of material from which a DNA profile may be derived— S. 464ZGFA (2)(a) substituted by No. 37/2014 s. 10(Sch. item 36.38(a)). (a) a member of Victoria Police personnel; (b) the Director of the Institute or an employee of the Institute (whether employed under the Victorian Institute of Forensic Medicine Act 1985 or the Public Administration Act 2004); (c) a visitor to— (i) any premises at which the Victoria Police Forensic Services Department performs functions; or
S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE 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).
(e) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (f) a coronial investigation or inquest; (g) an investigation of a complaint by— S. 464ZGK (2)(g)(i) substituted by No. 60/2014 s. 140(Sch. 3 item 8.2). (i) the Commissioner for Privacy and Data Protection appointed under the Privacy and Data Protection Act 2014; or (ii) the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or S. 464ZGK(2) (g)(iii) substituted by No. 32/2007 s. 10(6). (iii) the Ombudsman appointed under the Ombudsman Act 1973; or S. 464ZGK(2) (g)(iv) inserted by No. 32/2007 s. 10(6), amended by Nos 34/2008 s. 143(Sch. 2 item 3.2), 82/2012 s. 159(3). (iv) the IBAC within the meaning of the Independent Broad-based Commission Act 2011; or S. 464ZGK(2) (g)(v) inserted by No. 32/2007 s. 10(6). (v) an authority of a participating jurisdiction, but only if the authority would be entitled to the information if it were held on the participating jurisdiction's DNA database. S. 464ZGK(3) amended by No. 32/2007 s. 10(7). (3) A person may only disclose Victorian information revealed by the carrying out of a forensic procedure as follows—
S. 464ZH(b) inserted by No. 81/1997 s. 29(1)(d). (b) was consented to by a person in accordance with sections 464ZGB to 464ZGD. S. 464ZI inserted by No. 129/1993 s. 7, amended by No. 41/2004 s. 20 (ILA s. 39B(1)). 464ZI Supreme Court—limitation of jurisdiction (1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary— (a) to prevent the bringing before the Supreme Court of an action seeking to permit an application under section 464M(1), 464T(1), 464U(3) or 464V(2) being conducted otherwise than in accordance with the procedure expressed to be required by this Act; and (b) to prevent the bringing before the Supreme Court of an action of a kind referred to in section 464ZH. S. 464ZI(2) inserted by No. 41/2004 s. 20. (2) It is the intention of section 464ZH as amended by section 19 of the Crimes (Amendment) Act 2004 to alter or vary section 85 of the Constitution Act 1975. S. 464ZJ inserted by No. 129/1993 s. 7. 464ZJ Regulations (1) The Governor in Council may make regulations for or with respect to— (a) accreditation of experts giving forensic evidence in a court; and (b) testing of the proficiency of experts in conducting procedures about which an expert gives forensic evidence; and (c) the application and use of statistical analysis to data the subject of forensic evidence; and (d) standards for conducting forensic procedures in accordance with this Subdivision and the analysis of any samples taken; and
institution which is not a prison established under the Corrections Act 1986, shall be deemed to be serving that sentence of imprisonment by way of detention in such centre or institution. Ss 477–479 repealed. * * * * * cf. [1742–3] 16 George II, c. XXXI ss 3, 4. [1751–2] 25 George II, c. XXXVII s. 9. S. 479A inserted by No. 9407 s. 2(g), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 100). 479A Rescuing of prisoner from lawful custody Any person who, by force, rescues or attempts to rescue from lawful custody any prisoner shall be guilty of an indictable offence and shall be liable to level 5 imprisonment (10 years maximum). S. 479B inserted by No. 9407 s. 2(g), amended by Nos 117/1986 s. 6(Sch. 1 item 1(8)(c)), 129/1993 s. 9(1), 48/1997 s. 60(1)(Sch. 1 item 101). 479B Aiding a prisoner in escaping Any person who— S. 479B(a) substituted by No. 117/1986 s. 6(Sch. 1 item 1(8)(b)), amended by No. 25/1989 s. 20(k), repealed by No. 63/2014 s. 7(7). * * * * *
(6) Sections 325, 459 and 459A apply to offences under this section and section 479B as if the offences were serious indictable offences. Pt 3 Div. 2 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(l)(i). * * * * * Ss 480–484 repealed. * * * * * Pt 3 Div. 2 Subdiv. (3) (Heading) amended by No. 8679 s. 3(1)(c). (3) Execution of sentences Ss 485–492 repealed. * * * * * No. 6103 s. 493. S. 493 amended by Nos 8338 s. 7(b), 8426 s. 9(2)(a)(b) (as amended by No. 8701 s. 7(f)), 8870 s. 7(b), 8998 s. 4, 9554 s. 2(1)(Sch. 1 item 9), 9945 s. 3(3)(Sch. 2 item 12), 10087 s. 3(1)(Sch. 1 item 28), 16/1987 s. 4(3)(Sch. 1 item 8(c)), 48/2006 s. 42(Sch. item 9.5). 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons Every sentence of imprisonment which is passed for any indictable offence every sentence of attendance at an attendance centre, every award of imprisonment or attendance at an attendance centre, and every direction for detention in a youth justice centre within the meaning of the Children, Youth and Families Act 2005 for any offence punishable on summary conviction, shall be carried out in the manner for the time being provided by any Acts in force relating to prisons or penal establishments in that behalf according to the tenor of every such sentence.
(3) Subject to subsections (1) and (2), this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done before as well as to acts done after the commencement of that 1984 Act. (4) The re-enactment by this section of sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation of any Act enacted after that 1984 Act. S. 585AE inserted by No. 70/2013 s. 5(Sch. 3 item 1). 585AE Transitional provisions—(Crimes (Custody and Investigation) Act 1988) (1) This Act as amended by sections 4 and 5 of the Crimes (Custody and Investigation) Act 1988 applies to— (a) persons taken into custody; or (b) persons questioned; or (c) persons in respect of whom an application is made under section 464B(1) to a court— in a proclaimed region after the commencement of the Crimes (Custody and Investigation) Act 1988. Note The whole of Victoria was proclaimed to be a proclaimed region on the same day that the Crimes (Custody and Investigation) Act 1988 commenced. (2) The re-enactment by this section of section 6(2) of the Crimes (Custody and Investigation) Act 1988 does not affect the operation of any Act enacted after that 1988 Act. S. 585AF inserted by No. 70/2013 s. 5(Sch. 3 item 1). 585AF Transitional provisions—(Crimes (Fingerprinting) Act 1988) (1) This Act as amended by a section of the Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the Crimes Legislation (Miscellaneous
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
Assent Date: 5.12.61 Commencement Date: 20.12.61: Government Gazette 20.12.61 p. 4335 : All of Act in operation Companies Act 1961, No. 6839/1961 Assent Date: 19.12.61 Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392 : All of Act in operation Crimes (Detention) Act 1962, No. 6884/1962 Assent Date: 2.5.62 Commencement Date: 17.9.62: Government Gazette 12.9.62 p. 3228 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Justices (Amendment) Act 1962, No. 6958/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 : All of Act in operation Parole Board Membership Act 1963, No. 6994/1963 Assent Date: 7.5.63 Commencement Date: 7.5.63 : All of Act in operation Crimes (Aircraft) Act 1963, No. 7088/1963 (as amended by No. 7142/1964) Assent Date: 10.12.63 Commencement Date: 10.12.63 : All of Act in operation Crimes (Amendment) Act 1964, No. 7184/1964 Assent Date: 2.12.64 Commencement Date: 15.2.65: Government Gazette 10.2.65 p. 279 : All of Act in operation Crimes (Illegal Use of Motor Cars) Act 1965, No. 7263/1965 Assent Date: 18.5.65 Commencement Date: 18.5.65 : All of Act in operation Crimes (Parole) Act 1965, No. 7269/1965 Assent Date: 25.5.65 Commencement Date: 25.5.65 : All of Act in operation Motor Car (Driving Offences) Act 1965, No. 7327/1965 Assent Date: 7.12.65 Commencement Date: 1.2.66: Government Gazette 19.1.66 p. 209 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Abolition of Obsolete Offences Act 1969, No. 7884/1969 Assent Date: 2.12.69 Commencement Date: 2.12.69 : All of Act in operation Legal Aid Act 1969, No. 7919/1969 Assent Date: 16.12.69 Commencement Date: All of Act (except Pt 1) on 1.6.70: Government Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70 p. 3073 : All of Act in operation Crimes (Amendment) Act 1970, No. 7994/1970 Assent Date: 4.11.70 Commencement Date: 4.11.70 : All of Act in operation Criminal Appeals Act 1970, No. 8063/1970 Assent Date: 22.12.70 Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830 : All of Act in operation Motor Car (Driving Offences) Act 1971, No. 8143/1971 Assent Date: 4.5.71 Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502 : All of Act in operation Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Justices Act 1972, No. 8275/1972
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 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
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 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