226 322B Abolition of distinctions between felony and misdemeanour 226 322C Nomenclature 226 322D Transitional provisions 227 322E Treason and misprision of treason not affected 228 322F Other enactments not affected 228 229 Division 1—Abettors, accessories and concealers of offences 229 (1) Abettors in indictable offences 229 323 Abettors in indictable offences triable as principal offenders 229 (2) Abettors in offences punishable summarily 229 324 Abettors in summary offences triable as principal offenders 229 (3) Accessories 230 325 Accessories 230 (4) Concealers of offences 232 326 Concealing offences for benefit 232 327–333 Repealed 233 (5) Repealed 233 334 Repealed 233 Division 2—Repealed 233 335 Repealed 233 Division 3—Criminal liability of married persons 234 336 Marital coercion 234 337 Misprision 235 338 Accessory after the fact 235 339 Conspiracy and incitement 236 237 340 Definitions 237 341 Issue of search warrant 239 342 Authority conferred by and other incidents of a search warrant 239 343 Obstruction 241 344 Ministerial arrangements for transmission and return of seized objects 241 345 Regulations 242 346–350 Repealed 236
Division 2—Punishment 429 (1) Sentences for offences 429 472–476A Repealed 429 476B Young person sentenced to life imprisonment 429 477–479 Repealed 429 479A Rescuing of prisoner from lawful custody 430 479B Aiding a prisoner in escaping 430 479C Escape and related offences 431 (2) Repealed 432 480–484 Repealed 432 (3) Execution of sentences 433 485–492 Repealed 433 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons 433 494 Repealed 433 (4)–(6) Repealed 433 495–505 Repealed 433 Division 3—Regulations 435 505A Regulations 435 436 506 Definitions 436 Division 1—Probation 438 (1) Probation officers 438 507 Probation officers 438 (2)–(5) Repealed 439 508–520 Repealed 439 Division 2—Repealed 441 521–541 Repealed 441 Division 3—Regulations 441 542 Regulations 441
S. 3A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997 s. 60(1)(Sch. 1 item 2(a)(b)). (1) A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated. S. 3B inserted by No. 77/2005 s. 3. 3B Provocation no longer a partial defence to murder The rule of law that provocation reduces the crime of murder to manslaughter is abolished. S. 4 amended by No. 9576 s. 11(1), repealed by No. 10079 s. 8(b), new s. 4 inserted by No. 77/2005 s. 4. 4 Alternative verdict of defensive homicide on charge for murder (1) If on the trial of a person for murder the jury are not satisfied that he or she is guilty of murder but are satisfied that he or she is guilty of an offence against section 9AD (defensive homicide), the jury may acquit the accused of murder and find him or her guilty of defensive homicide and he or she is liable to punishment accordingly. (2) This section does not restrict the operation of section 6, 10(3) or 421. Note See section 9AC for "self-defence" exception to murder.
No. 6103 s. 5. S. 5 amended by Nos 49/1991 s. 119(1) (Sch. 2 item 3), 48/1997 s. 60(1)(Sch. 1 item 3). 5 Punishment of manslaughter s. 3B Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum) or to a fine in addition to or without any such other punishment as aforesaid. S. 5A inserted by No. 7/2008 s. 3. 5A Child homicide A person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that, but for this section, would constitute manslaughter is guilty of child homicide, and not of manslaughter, and liable to level 3 imprisonment (20 years maximum). No. 6103 s. 6. S. ended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 4), 48/1997 s. 60(1)(Sch. 1 item 4), substituted by No. 77/2005 s. 5. 6 Infanticide (1) If a woman carries out conduct that causes the death of her child in circumstances that would constitute murder and, at the time of carrying out the conduct, the balance of her mind was disturbed because of— (a) her not having fully recovered from the effect of giving birth to that child within the preceding 2 years; or (b) a disorder consequent on her giving birth to that child within the preceding 2 years— she is guilty of infanticide, and not of murder, and liable to level 6 imprisonment (5 years maximum). S. 6(2) amended by No. 68/2009 s. 97(Sch. item 40.1). (2) On an indictment for murder, a woman found not guilty of murder may be found guilty of infanticide. Note
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; (b) kills the eldest son 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. 9A(1)(a) inserted by No. 37/1986 s. 9, amended by No. 49/1991 s. 119(1) (Sch. 2 item 6(a)(ii)), substituted as s. 9A(1)(g) by No. 48/1997 s. 60(1)(Sch. 1 item 7). (g) level 1 imprisonment (life); or s. 9A
S. 9A(1)(b) inserted by No. 37/1986 s. 9, amended by No. 49/1991 s. 119(1) (Sch. 2 item 6(a)(iii)), re-numbered as s. 9A(1)(h) by No. 48/1997 s. 62(1). (h) imprisonment for such other term as is fixed by the court— as the court determines. S. 9A(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 6(b)), 48/1997 s. 60(1)(Sch. 1 item 8). (2) A person who— (a) receives or assists another person who is to his knowledge guilty of treason in order to enable him to escape punishment; or s. 9A (b) knowing that a person intends to commit treason, does not give information thereof with all reasonable despatch to a constable or use other reasonable endeavours to prevent the commission of the offence— shall be guilty of an indictable offence. Level 3 imprisonment (20 years maximum). (3) On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or (e) of subsection (1) of this section and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment.
S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 15 def. of registered nurse inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); s. 15 S. 15 def. of registered pharmacist inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); S. 15 def. of serious injury substituted by No. 58/2008 s. 10(2). serious injury includes— (a) a combination of injuries; and (b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm; S. 15 def. of woman inserted by No. 58/2008 s. 10(1). woman means a female person of any age.
(b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 6 imprisonment (5 years maximum). S. 21A inserted by No. 95/1994 s. 3. 21A Stalking s. 21A S. 21A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 14). (1) A person must not stalk another person. Level 5 imprisonment (10 years maximum). S. 21A(2) amended by Nos 105/2003 s. 4(1), 20/2011 s. 3(3). (2) A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following— (a) following the victim or any other person; S. 21A(2)(b) substituted by No. 105/2003 s. 3(1). (b) contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever; S. 21A(2)(ba) inserted by No. 105/2003 s. 3(1). (ba) publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material— (i) relating to the victim or any other person; or (ii) purporting to relate to, or to originate from, the victim or any other person; S. 21A(2)(bb) inserted by No. 105/2003 s. 3(1). (bb) causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;
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 s. 25 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). S. 28 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 14). 28 Extortion with threat to destroy property etc. s. 28 A person who makes a demand of another person with a threat to destroy, or endanger the safety of, a building, structure in the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway engine or railway carriage is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 29 substituted by No. 10233 s. 8(2). 29 Using firearm to resist arrest etc. S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1) (Sch. 2 item 10), 48/1997 s. 60(1)(Sch. 1 item 15), 69/1997 s. 22(1). (1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum). S. 29(2) amended by No. 25/1989 s. 20(a). (2) A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence.
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— s. 35 (a) the external genitalia; and (b) a surgically constructed vagina. S. 35(1A) inserted by No. 2/2006 s. 3(2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 16.2). (1A) For the purposes of the definition of domestic partner in subsection (1)— S. 35(1A)(a) amended by No. 4/2009 s. 37(Sch. 1 item 9.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and S. 35(1A)(b) amended by No. 4/2009 s. 37(Sch. 1 item 9.2(b)). (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(2) A person (the offender) compels another person (the victim) to take part in an act of sexual penetration if— (a) the offender compels the victim to introduce (to any extent) an object or a part of his or her body into his or her own anus or, in the case of a female victim, her own vagina, other than in the course of a procedure carried out in good faith for medical or hygienic purposes; or (b) the offender compels the victim to take part in an act of bestiality within the meaning of section 59. (3) For the purposes of subsection (2), a person compels another person (the victim) to take part in an act of sexual penetration if the person compels the victim (by force or otherwise) to engage in that act— s. 38A (a) without the victim's consent; and S. 38A(3)(b) substituted by No. 57/2007 s. 6. (b) while— (i) being aware that the victim is not consenting or might not be consenting; or (ii) not giving any thought to whether the victim is not consenting or might not be consenting.
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 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(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(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).
(3) Subsection (1) does not apply to an act of sexual penetration if— S. 45(3)(a) amended by No. 7/2010 s. 3(4). (a) the child is aged between 12 and 16; and (b) the persons taking part in the act are married to each other. 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 s. 45 (b) the accused was not more than 2 years older than the child; or S. 45(4)(c) amended by No. 2/2006 s. 9(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 45(4A) inserted by No. 2/2006 s. 9(2). (4A) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 45(5) amended by No. 68/2009 s. 97(Sch. item 40.3). (5) A circumstance of aggravation described in subsection (2) is not an element of an offence against subsection (1) but must be stated in the indictment. (6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the trial may do so by pleading not guilty to the offence with which he or she is charged even if he or she does not take issue with any acts, facts, matters or circumstances relied upon by the prosecution to support a finding of guilt.
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; (j) a member of the police force 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.
of persons with a cognitive impairment and includes a residential facility; S. 50(1) def. of impaired repealed by No. 2/2006 s. 15(b). * * * * * s. 50 indecent act does not include an act done in the course of an appropriate and generally accepted medical, therapeutic or hygienic procedure; 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 No. 98/1995 s. 65(Sch. 1 item 3). residential facility means— (a) an approved mental health service as defined in section 3 of the Mental Health Act 1986; 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(1) def. of worker substituted by No. 2/2006 s. 15(c). 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 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 but does
S. 63(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 30(b)), 48/1997 s. 60(1)(Sch. 1 item 39(b)). (2) Whosoever unlawfully takes decoys or entices away any child under the age of sixteen years out of the possession and against the will of the child's parent or guardian or of any other person having the lawful care or charge of the child shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 1 Subdiv. (9A) (Heading and s. 63A) inserted by No. 6731 s. 2(2). (9A) Kidnapping S. 63A inserted by No. 6731 s. 2(2), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 30A), 48/1997 s. 60(1)(Sch. 1 item 40). 63A Kidnapping s. 63A Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). (10) Bigamy No. 6103 s. 64. S. 64 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 32), 48/1997 s. 60(1)(Sch. 1 item 41). 64 Bigamy Whosoever being married goes through the form or ceremony of marriage with any other person during the life of her or his husband or wife, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife has been continually absent from such
photograph, the accused was not more than 2 years older than the minor was or appeared to be; or S. 70(2)(e) amended by No. 68/2009 s. 97(Sch. item 40.5). (e) that the minor or one of the minors depicted in the film or photograph is the accused. S. 70(3) amended by No. 20/2004 s. 6(2). (3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years. S. 70(4) substituted by No. 69/2001 s. 20(2). (4) Nothing in this section makes it an offence for— (a) any member or officer of a law enforcement agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law. S. 70AA inserted by No. 22/1996 s. 8. 70AA Forfeiture s. 70AA (1) If a person is charged with an offence against section 68, 69 or 70 and the court is satisfied that the person committed the offence, the court may order that the child pornography in respect of which the offence was committed is forfeited to the Crown.
(1721) 8 George I, c. XXIV s. 1. S. 70C inserted by No. 9407 s. 2(b), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 38), 48/1997 s. 60(1)(Sch. 1 item 50). 70C Trading etc. with pirates s. 70C Any person who knowingly— (a) trades with any pirate; (b) furnishes any pirate with any munitions or stores of any kind; (c) fits out any vessel with a design to trade with, supply or correspond with any pirate; or (d) conspires or corresponds with any pirate— shall be guilty of an offence and shall be liable on conviction upon indictment to level 5 imprisonment (10 years maximum). S. 70D inserted by No. 9407 s. 2(b). 70D Being found on board piratical vessel and unable to prove noncomplicity S. 70D(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 39), 48/1997 s. 60(1)(Sch. 1 item 51). (1) Any person who is found in on board any vessel equipped for the purposes of piracy shall be guilty of an offence and shall be liable on conviction upon indictment to level 6 imprisonment (5 years maximum). (2) It shall be a defence to a charge under subsection (1) if the person charged proves— (a) that he was not on board the vessel willingly; or (b) that he did not know that the vessel was equipped for the purposes of piracy.
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 s. 75A (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
S. 79 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1), repealed by No. 10084 s. 4. * * * * * S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1). 80 Unlawfully taking control of an aircraft s. 80 S. 80(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 58(a)). (1) A person who without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice to the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to level 4 imprisonment (15 years maximum). S. 80(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 31), 48/1997 s. 60(1)(Sch. 1 item 58(b)). (2) A person who without lawful excuse, by force or violence or threat of force or violence or by any trick of false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice of the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum).
(b) in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, 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 makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document. S. 83A inserted by No. 36/1988 s. 7. 83A Falsification of documents s. 83A S. 83A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (1) A person must not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Level 5 imprisonment (10 years maximum). S. 83A(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (2) A person must not use a document which is, and which he or she knows to be, false, with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Level 5 imprisonment (10 years maximum).
S. 83A(5A) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5A) A person must not, with the intention that he or she may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by him or her, would be false. s. 83A Level 5 imprisonment (10 years maximum). S. 83A(5B) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 44), 48/1997 s. 60(1)(Sch. 1 item 61). (5B) A person must not, with the intention that another person may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by that other person, would be false. Level 5 imprisonment (10 years maximum). S. 83A(5C) inserted by No. 25/1989 s. 5, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 45), 48/1997 s. 60(1)(Sch. 1 item 62). (5C) A person must not, without lawful excuse, make or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be specially designed or adapted for the making of a document which, if made by him or her, would be false. Level 6 imprisonment (5 years maximum). (6) For the purpose of this section, a document is false if it purports— (a) to have been made in the form in which it is made by a person who did not in fact make it in that form; or
S. 87 substituted by No. 8425 s. 2(1)(b). 87 Blackmail s. 87 (1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is proper means of reinforcing the demand. (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. S. 87(3) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 65). (3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). Heading preceding s. 88 inserted by No. 8425 s. 2(1)(b). Offences relating to goods stolen, &c. S. 88 substituted by No. 8425 s. 2(1)(b), amended by No. 70/1987 s. 5(a)(b). 88 Handling stolen goods S. 88(1) amended by No. 59/2004 s. 3. (1) A person handles stolen goods if knowing or believing them to be stolen goods he dishonestly receives the goods or brings them into , or dishonestly undertakes or assists in bringing them
into or in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so. S. 88(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 66). (2) A person guilty of handling stolen goods is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 88(3) inserted by No. 9073 s. 2(a). (3) Where a married woman handles stolen goods, the fact that the person from whom she receives the goods is her husband shall not of itself constitute a defence to a charge under this section. S. 88A (Heading) amended by No. 68/2009 s. 97(Sch. item 40.6) S. 88A inserted by No. 59/2004 s. 4. 88A Alternative charges of theft and handling stolen goods s. 88A If— S. 88A(a) amended by No. 68/2009 s. 97(Sch. item 40.7). (a) a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same indictment as alternative charges and tried together; and (b) the jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of— the jury must acquit the accused of handling stolen goods and find the accused guilty of theft and the accused is liable to punishment accordingly.
Prosecutions as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration. (4) This section is to be construed in accordance with section 90. S. 94 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * Heading preceding s. 95 inserted by No. 8425 s. 2(1)(b). General and consequential provisions S. 95 amended by No. 8181 s. 2(1) (Sch. item 33), substituted by No. 8425 s. 2(1)(b). 95 Husband and wife s. 95 (1) This Act shall apply in relation to the parties to a marriage, and to property belonging to the wife or husband whether or not by reason of an interest derived from the marriage, as it would apply if they were not married and any such interest subsisted independently of the marriage. S. 95(2) amended by No. 19/1987 s. 27(a), repealed by No. 69/2009 s. 37. * * * * * S. 95(3) amended by No. 9848 s. 18(1), repealed by No. 19/1987 s. 27(b). * * * * *
scheme consists of such securities as are mentioned in paragraph (a)(b) or (c) of this interpretation; shares means shares in the share capital of a corporation or stock of a corporation. S. 192 repealed by No. 69/2009 s. 38. * * * * * Pt 1 Div. 2AA (Heading and ss inserted by No. 22/2009 s. 3. Division 2AA—Identity crime S. 192A inserted by No. 22/2009 s. 3. 192A Definitions s. 192A In this Division— identification documentation means a document or other thing that— (a) contains or incorporates identification information; and (b) is capable of being used by a person for the purpose of pretending to be, or passing themself off as, another person (whether living or dead, or real or fictitious); identification information means information relating to a person (whether living or dead, or real or fictitious) that is capable of being used (whether alone or in conjunction with other information) to identify, or purportedly identify, the person, being information such as— (a) a name, address, date of birth or place of birth;
(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). * * * * *
Pt 1 Div. 3 Subdiv. (6) (Heading and ss 247A–247I) inserted by No. 10/2003 s. 5. (6) Computer offences S. 247A inserted by No. 10/2003 s. 5. 247A Interpretation s. 247A (1) In this Subdivision— access, in relation to data held in a computer, means— (a) the display of the data by the computer or any other output of the data from the computer; or (b) the copying or moving of the data to any other place in the computer or to a data storage device; or (c) in the case of a program, the execution of the program; data includes— (a) information in any form; and (b) any program or part of a program; data held in a computer includes— (a) data entered or copied into the computer; and (b) data held in any removable data storage device for the time being in the computer; and (c) data held in a data storage device on a computer network of which the computer forms part; data storage device means any thing (for example, a disk or file server) containing or designed to contain data for use by a computer;
Pt 1 Div. 4 (Heading and ss 252–289) amended by Nos 7705 s. 10, 7876 s. 2(3), 8181 s. 2(1) (Sch. item 34), 8750 s. 96, 9019 s. 2(1) (Sch. items 36, 37), 9576 s. 11(1), 10087 s. 3(1)(Sch. 1 item 25), 10244 s. 10, repealed by No. 25/1989 s. 8(1), new Pt 1 Div. 4 (Heading and s. 248) inserted by No. 95/1994 s. 5. Division 4—Contamination of goods New s. 248 inserted by No. 95/1994 s. 5, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 84), 69/1997 s. 22(6), substituted by No. 65/1998 s. 5. 248 Interpretation s. 248 (1) In this Division— contaminate, in relation to goods, includes— (a) interfere with the goods; or (b) making it appear that the goods have been contaminated or interfered with; goods includes any substance— (a) whether or not for human consumption; and (b) whether natural or manufactured; and (c) whether or not incorporated or mixed with other goods.
(1) Where a person is convicted under section 321G of incitement to commit an offence or offences against a law or laws in force in — (a) if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence; S. 321I(1)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 92(a)). (b) if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to level 4 imprisonment (15 years maximum); S. 321I(1)(ba) inserted by No. 41/1993 s. 23(a), amended by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(i)). (ba) despite paragraph (b), if the relevant offence, or any of the relevant offences, is murder or treason, the person is liable to— S. 321I(1) (ba)(i) substituted by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(ii)). (i) level 1 imprisonment (life); or (ii) imprisonment for such other term as is fixed by the court— s. 321I as the court determines; S. 321I(1)(c) amended by No. 41/1993 s. 23(b). (c) subject to paragraphs (a), (b), (ba) and (d), if the relevant offence, or any of the relevant offences is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or
S. 321I(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.18), 49/1991 s. 119(1) (Sch. 2 item 63(a)(i)), 68/2009 s. 97(Sch. item 40.18). (d) if the relevant offence, or each of the relevant offences, may be heard and determined only in the Magistrates' Court, the person shall be liable to— S. 321I(1)(d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 63(a)(ii)), 48/1997 s. 60(1)(Sch. 1 item 92(c)). (i) level 6 imprisonment (5 years maximum); or s. 321I S. 321I(1)(d)(ii) amended by No. 49/1991 s. 119(1) (Sch. 2 item 63(a)(iii)). (ii) imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences as the case requires— whichever is the greater. (2) Where a person is convicted under section 321G of incitement to commit an offence or offences against a law in force only in a place outside — S. 321I(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(i)), 48/1997 s. 60(1)(Sch. 1 item 93). (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
Division 1—Pleading procedure, proof &c. s. 351 Pt 3 Div. 1 Subdiv. (1) (Heading and ss 351–356) repealed. * * * * * Pt 3 Div. 1 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(h)(i). * * * * * S. 357 amended by Nos 8338 s. 7(c), 9554 s. 2(2)(Sch. 2 item 59), 9576 s. 11(1), 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * New Pt 3 Div. 1 Subdiv. (2) (Heading and s. 357) inserted by No. 49/1991 s. 119(7) (Sch. 4 item 4.1), repealed by 7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)). * * * * *
S. 427 repealed by No. 8425 s. 2(1)(h), new s. 427 inserted by No. 9228 s. 2(1)(j), amended by No. 48/1997 s. 58(1). 427 Alternative verdict for destroying property charges s. 427 (1) Where a person is charged with committing an offence against section 197(2) or section 197(3) and the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence against section 197(1), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 197(1). S. 427(2) inserted by No. 48/1997 s. 58(2). (2) If on the trial of a person charged with an offence against section 197A the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 197, the jury may acquit the accused of the offence charged and find him or her guilty of whichever of the offences against section 197 they are satisfied that he or she is guilty of and he or she is liable to punishment accordingly. S. 428 amended by Nos 8425 s. 2(1)(m), 9019 s. 2(1)(Sch. item 45), repealed by No. 9576 s. 11(1), new s. 428 inserted by 10/2003 s. 7. 428 Alternative verdict for charges of unauthorised modification of data to cause impairment If on the trial of a person charged with an offence against section 247C the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of— (a) an offence under section 197(1); or (b) an offence under section 247D— the jury may acquit the accused of the offence charged and find him or her guilty of whichever of those offences they are satisfied that he or she is guilty and he or she is liable to punishment accordingly.
S. 458(1)(a)(i) amended by No. 68/2009 s. 97(Sch. item 40.30). (i) to ensure the attendance of the offender before a court of competent jurisdiction; (ii) to preserve public order; (iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or (iv) for the safety or welfare of members of the public or of the offender; (b) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or S. 458(1)(c) amended by No. 117/1986 s. 6(Sch. 1 item 1(8)(a)). (c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case. (2) For the purposes of paragraph (a) in subsection (1) offence means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament. S. 458(3) amended by Nos 9008 s. 2(1)(Sch. item 2(k)), 68/2009 s. 97(Sch. item 40.31). s. 458 (3) A person who has been apprehended without warrant pursuant to the provisions of paragraph (a) in subsection (1) in respect of any offence punishable on summary conviction (not being an indictable offence that may be heard and determined summarily) and taken into custody shall be held in the custody of the person apprehending him only so long as any reason referred to in the said paragraph for his
S. 464(2) def. of detained or protected person inserted by No. 84/1989 s. 4(a), amended by Nos 93/1990 s. 27(a), 23/2006 s. 236(4), 48/2006 s. 42(Sch. item 9.2(a)). detained or protected person means a person who— s. 464 (a) is held in a prison, police gaol, youth justice centre or youth residential centre; or (b) is held in an institution within the meaning of section 56 of the Corrections Act 1986; or (c) is a security resident within the meaning of the Disability Act 2006; or (d) is an involuntary or security patient within the meaning of the Mental Health Act 1986; S. 464(2) def. of DNA database inserted by No. 16/2002 s. 5, substituted by No. 32/2007 s. 4(1). DNA database means— (a) the Victorian DNA database; or (b) NCIDD; or (c) another DNA database system that is kept under a corresponding law of a participating jurisdiction; S. 464(2) def. of DNA database system inserted by No. 16/2002 s. 5. DNA database system means a database (whether in computerised or other form and however described) containing— (a) one or more of the following indexes of DNA profiles— (i) a crime scene index; (ii) a missing persons index; (iii) an unknown deceased persons index; (iv) a serious offenders index; (v) a volunteers (unlimited purposes) index;
body but does not include the taking of a fingerprint; S. 464(2) def. of held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; s. 464 S. 464(2) def. of intimate sample inserted by No. 129/1993 s. 6(c). intimate sample means— (a) a blood sample; (b) a sample of pubic hair, including the root if required;
S. 464(2) def. of 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;
S. 464(2) def. of responsible Minister inserted by No. 16/2002 s. 5. responsible Minister, in relation to a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law; S. 464(2) def. of responsible person inserted by No. 32/2007 s. 4(2). responsible person, in relation to a DNA database, means the person responsible for the care, control and management of the system; S. 464(2) def. of security patient inserted by No. 81/1997 s. 16(g). security patient has the same meaning as in the Mental Health Act 1986; s. 464 S. 464(2) def. of senior police officer inserted by No. 41/2004 s. 8. senior police officer means a member of the police force of or above the rank of senior sergeant; S. 464(2) def. of serious offenders index inserted by No. 16/2002 s. 5. serious offenders index means an index of DNA profiles derived from forensic material taken from— (a) offenders in accordance with section 464ZF, or under a corresponding law of a participating jurisdiction; and (b) suspects who have been convicted of— (i) an offence and an order has been made under section 464ZFB(1); or (ii) an offence in respect of which a forensic procedure may be conducted under a corresponding law of a participating jurisdiction;
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 unknown deceased persons index inserted by No. 16/2002 s. 5. unknown deceased persons index means an index of DNA profiles of deceased persons whose identities are unknown where the DNA profile is derived from forensic material; S. 464(2) def. of Victorian DNA database inserted by No. 32/2007 s. 4(2). Victorian DNA database means the DNA database system kept under section 464ZFD; S. 464(2) def. of volunteer inserted by No. 16/2002 s. 5. volunteer means a person who volunteers to give a sample under section 464ZGB; s. 464 S. 464(2) def. of volunteers (limited purposes) index inserted by No. 16/2002 s. 5. volunteers (limited purposes) index means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used only for a limited purpose that is specified by the volunteer and noted on the index;
circumstances in which as far as practicable the communication will not be overheard. S. 464C(3) amended by No. 86/2000 s. 5. (3) This section also applies to any questioning or investigation in accordance with an order made under section 464B(5). (4) This section does not apply to questioning or investigation in connection with an offence under section 49(1) of the Road Safety Act 1986. S. 464D inserted by No. 37/1988 s. 5. 464D Right to an interpreter s. 464D (1) If a person in custody does not have a knowledge of the English language that is sufficient to enable the person to understand the questioning, an investigating official must, before any questioning or investigation under section 464A(2) commences, arrange for the presence of a competent interpreter and defer the questioning or investigation until the interpreter is present. (2) This section also applies to any questioning or investigation in accordance with an order made under section 464B(5). (3) This section does not apply to questioning or investigation in connection with an offence under section 49(1) of the Road Safety Act 1986. S. 464E (Heading) inserted by No. 72/2004 s. 27(1). S. 464E inserted by No. 37/1988 s. 5. 464E Persons under 18 years S. 464E(1) amended by No. 72/2004 s. 27(2). (1) If a person in custody is under the age of 18 years, an investigating official must not, subject to subsection (2), question or carry out an investigation under section 464A(2) unless—
S. 464K(8)(b) amended by No. 27/2006 s. 17(12). (b) if the use of reasonable force has been authorised in accordance with subsection (7), the taking of the fingerprints must be recorded by audiovisual recording, if practicable, or by audio recording. S. 464L inserted by No. 38/1988 s. 4, amended by No. 23/1991 s. 5(a)(b), substituted by No. 129/1993 s. 7. 464L Fingerprinting of children aged 14 or under (1) A child under the age of 10 years who is suspected of having done or omitted to have done any act which would have constituted an offence had the child been of the age of criminal responsibility must not— (a) be requested to give his or her fingerprints; or (b) have his or her fingerprints taken. (2) A member of the police force may take, or cause to be taken by an authorised person, the fingerprints of a child aged 10 years or more but under 15 years who— (a) is believed on reasonable grounds to have committed; or (b) has been charged with; or (c) has been summonsed to answer to a charge for— an indictable offence or a summary offence referred to in Schedule 7 if— s. 464L (d) both the child and a parent or guardian of the child consent; or (e) where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5). (3) A member of the police force wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian
(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. (4) A member of the police force may, within the period referred to in subsection (3)(a) or (b) and on one occasion only, apply without notice to any other person to the Magistrates' Court or the Children's Court (as the case requires) for an order extending the period by not more than 6 months within which the fingerprints and any record, copy or photograph of them must be destroyed.
S. 464S(1)(g) amended by No. 41/2004 s. 11(a). (g) where the sample or examination sought may be obtained by a compulsory procedure and the person refuses to undergo the procedure, that an application may be made to the Magistrates' Court for an order authorising the conduct of the procedure; and S. 464S(1)(h) inserted by No. 41/2004 s. 11(b). (h) where the sample or examination sought may be obtained by a non-intimate compulsory procedure within the meaning of section 464SA and the person refuses to consent to the procedure, that a senior police officer may authorise the conduct of the procedure. (2) A member of the police force who informs a person of the matters in subsection (1)— S. 464S(2)(a) amended by No. 27/2006 s. 17(18)(a). (a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— s. 464S S. 464S(2)(b)(i) amended by No. 27/2006 s. 17(18)(b). (i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a 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.
S. 464T(3) (c)(iii) inserted by No. 81/1997 s. 17(3). (iii) the victim of the offence has not been found, and there are reasonable grounds to believe that material reasonably believed to be from the body of the victim is present on a person suspected of having committed the offence; or S. 464T(3) (c)(iv) inserted by No. 81/1997 s. 17(3). (iv) the offence in respect of which the application is made is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I and there are reasonable grounds to believe that the conduct of the procedure on the person may be relevant in determining the paternity of a child that has been conceived allegedly as a result of the offence; and (d) in the case of an application to take a sample or washing from the skin to determine the presence of gunshot residue, a firearm was discharged during the commission of the offence; and s. 464T (e) in the case of an application to conduct a physical examination, the person who committed the offence had distinguishing marks or injuries, whether acquired during the commission of the offence or otherwise; and (f) there are reasonable grounds to believe that the conduct of the procedure on the person may tend to confirm or disprove his or her involvement in the commission of the offence; and (g) the person has refused to give consent to a request under section 464R(1) or the person is incapable of giving informed consent by reason of mental impairment; and
S. 464U inserted by No. 84/1989 s. 5, amended by Nos 84/1989 s. 7(d)–(h) (i)(ii), 23/1991 s. 6(2)(3), substituted by No. 129/1993 s. 7. 464U Forensic procedure on child s. 464U (1) A member of the police force must not request a child to undergo a forensic procedure or request that a compulsory procedure be conducted on the child if the child— (a) is under the age of 10 years; and (b) is suspected of having done or omitted to have done any act which would have constituted an offence had the child been of the age of criminal responsibility. S. 464U(2) amended by No. 72/2004 s. 30(1). (2) A member of the police force must not request a child aged 10 years or more but under 18 years who— (a) is suspected of having committed; or (b) has been charged with; or (c) has been summonsed to answer to a charge for— an offence, whether indictable or summary, to undergo a forensic procedure or request that a compulsory procedure be conducted on the child unless the Children's Court has made an order under subsection (7) or section 464V(5). (3) A member of the police force may apply to the Children's Court for an order under subsection (7) if the child— S. 464U(3)(a) amended by Nos 81/1997 s. 18, 61/2001 s. 16(1)(b)(i), 16/2002 s. 17(2), 35/2002 s. 28(Sch. item 3.2). (a) is suspected on reasonable grounds of having committed or attempted to commit an indictable offence against the person at common law or an indictable offence under Division 1 of Part I or under section 75, 75A, 76, 77, 197 (in circumstances where the offence is charged as arson), 197A, 249, 250, 251, 317, 317A or 318 or under section 71, 71AA, 72 or 72A of the Drugs, Poisons and Controlled Substances Act 1981 or under
S. 464Y inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 8(c), substituted by No. 129/1993 s. 7. 464Y Caution before forensic procedure s. 464Y S. 464Y(1) amended by Nos 23/1994 s. 118(Sch. 1 item 15.7), 81/1997 s. 20(a)(b), 27/2006 s. 5, 13/2010 s. 51(Sch. item 17.5). (1) Immediately before a forensic procedure is conducted in accordance with sections 464R to 464ZA or section 464ZF or 464ZFAAA (as the case may be), a member of the police force must inform the person on whom the procedure is to be conducted that he or she does not have to answer any questions asked by the registered medical practitioner, nurse, midwife or other person conducting the procedure but that anything the person does say may be given in evidence. (2) A member of the police force who informs a person of the matters in subsection (1)— S. 464Y(2)(a) amended by No. 27/2006 s. 17(21)(a). (a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person or, if the person refuses to sign, by an independent person, if present; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— S. 464Y(2)(b)(i) amended by No. 27/2006 s. 17(21)(b). (i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a
S. 464Z(5) amended by Nos 81/1997 s. 19(4), 13/2010 s. 51(Sch. item 17.6(d)). (5) If a medical practitioner, nurse, midwife or dentist is chosen by a person under subsection (4)— (a) if practicable, the forensic procedure is to be conducted by or in the presence of the chosen person; and S. 464Z(5)(b) amended by No. 81/1997 s. 19(4). (b) if the chosen person conducts the forensic procedure, a medical practitioner, nurse or dentist (as the case requires) nominated by the police must be present. (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 No. 16/2002 s. 7(5)(a). (ab) in the presence of a member of the police force 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 No. 81/1997 s. 21(c). (i) a member of the police force required by paragraph (ab) to be present; and (ii) a person required by section 464ZA to be present; and
(c) to detain the person for as long as reasonably permits the conduct of the forensic procedure. 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— (a) a named member of the police force; or (b) generally all members of the police force. S. 464FA(3) amended by No. 16/2002 s. 12(2)(b). (3) A warrant issued under subsection (1) or (1B) directed to a named member of the police force may be executed by any member of the police force. 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. 464ZFA(6) amended by No. 16/2002 s. 12(2)(e). s. 464ZFA (6) If a person is arrested under a warrant issued under subsection (1) or (1B), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier). S. 464ZFA(7) inserted by No. 16/2002 s. 12(3). (7) A member of the police force who executes a warrant issued under subsection (1B) must, as soon as practicable after executing the warrant—
S. 464ZGC inserted by No. 81/1997 s. 28. 464ZGC Withdrawal of consent prior to giving sample s. 464ZGC (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 (b) in writing— to a member of the police force or to the person authorised to take the sample. (2) If, prior to giving a sample, a person withdraws his or her consent orally, a member of the police force or the person authorised to take the sample must, as soon as practicable, record in writing the withdrawal of consent. S. 464ZGD inserted by No. 81/1997 s. 28. 464ZGD Procedure to take sample (1) The procedure to be conducted to take a sample from a person following the giving of consent in accordance with section 464ZGB must— (a) be in accordance with the procedure set out in section 464Z; and S. 464ZGD (1)(b) amended by No. 27/2006 s. 17(31)(a). (b) be recorded by audiovisual recording, if practicable, and if the person consents. S. 464ZGD(2) amended by No. 27/2006 s. 17(31)(b). (2) If the taking of a sample voluntarily given by a person is recorded by audiovisual recording, a member of the police force must— (a) without charge; and (b) as soon as practicable but not more than 7 days after the sample was taken— give or send by registered post a copy of the audiovisual recording to the person who voluntarily gave the sample.
(b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed. s. 464ZGI 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
S. 464ZGK (2)(d) substituted by No. 32/2007 s. 10(5). (d) in accordance with an agreement entered into under section 464ZGN; (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 (i) the Privacy Commissioner appointed under the Information Privacy Act 2000; 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 No. 34/2008 s. 143(Sch. 2 item 3.2). (iv) the Director, Police Integrity within the meaning of the Police Integrity Act 2008; 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—
is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum). S. 479C(3) amended by Nos 129/1993 s. 9(2), 48/1997 s. 60(1)(Sch. 1 item 101). (3) A prisoner who is outside a prison or a police gaol but in custody and who wilfully ceases to be in custody is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum). S. 479C(4) amended by Nos 45/1996 s. 18(Sch. 2 item 6.2), 26/1997 s. 52(2), substituted by No. 45/2001 s. 40(4). (4) For the purposes of subsection (3), prisoner includes a person who is in the custody of a court. s. 479C (5) Evidence that a prisoner has, without reasonable excuse, left a cell, or attempted to avoid detection by officers at a prison or police gaol is evidence that the prisoner is attempting to escape from the prison or police gaol. (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
S. 506(1) def. of amended by No. 9902 s. 2(1)(Sch. item 55), substituted by No. 9966 s. 21(1)(b), repealed by No. 45/1996 s. 18(Sch. 2 item 6.4). * * * * * S. 506(1) def. of of Community Welfare Services inserted by No. 9966 s. 21(1)(b), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * prescribed means prescribed by this Part or the regulations thereunder; S. 506(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1). Secretary means the Secretary to the Department of Justice; s. 506 term, in relation to imprisonment, includes the aggregate of two or more terms, whether cumulative or concurrent. S. 506(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 48). (2) If under the Public Administration Act 2004 the name of the Department of Justice is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
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: 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: 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: 13.5.72 Commencement Date: 15.1.73: Government Gazette 10.1.73 p. 45 : All of Act in operation Crimes (Amendment) Act 1972, No. 8280/1972 Assent Date: 13.5.72 Commencement Date: 13.5.72 : All of Act in operation Crimes Act 1972, No. 8338/1972 Assent Date: 5.12.72 Commencement Date: 29.1.73: Government Gazette 24.1.73 p. 164 : All of Act in operation Crimes (Amendment) Act 1973, No. 8410/1973 Assent Date: 17.4.73 Commencement Date: Ss 1–4 on 9.5.73: Government Gazette 9.5.73 p. 1014; s. 5 on 1.7.73: Government Gazette 20.6.73 p. 2064 : All of Act in operation Crimes (Theft) Act 1973, No. 8425/1973 (as amended by No. 9019/1977)
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 Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981 Assent Date: 19.5.81 Commencement Date: S. 44 on 26.9.80: s. 1(3); ss 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Crimes (Classification of Offences) Act 1981, No. 9576/1981 (as amended by No. 9902/1983) Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date: 18.6.02 Commencement Date: Ss 3–5, 28(Sch. item 3) on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: Ss 4–9 on 7.5.03: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 2) on 17.6.03: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Confiscation (Amendment) Act 2003, No. 63/2003 Assent Date: 30.9.03 Commencement Date: S. 43, 44 on 1.12.03: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Cemeteries and Crematoria Act 2003, No. 80/2003 Assent Date: 11.11.03 Commencement Date: S. 185 on 1.7.05: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Money Laundering) Act 2003, No. 104/2003 Assent Date: 9.12.03 Commencement Date: Ss 3, 4 on 1.1.04: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Stalking) Act 2003, No. 105/2003 Assent Date: 9.12.03 Commencement Date: 10.12.03: s. 2 : All of Act in operation Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004 Assent Date: 18.5.04 Commencement Date: Ss 3–7 on 19.5.04: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 2004, No. 41/2004 Assent Date: 16.6.04 Commencement Date: 17.6.04: s. 2 : All of Act in operation
Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 16) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 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