S. 3(3) inserted by No. 69/2014 s. 11. (3) In subsection (2)(a) emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991. Note to s. 3 inserted by No. 69/2014 s. 11. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 3A inserted by No. 9576 s. 3(1). 3A Unintentional killing in the course or furtherance of a crime of violence 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 s. 3A The rule of law that provocation reduces the crime of murder to manslaughter is abolished.
finds under section 10A of that Act that a special reason exists. 2 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 9B or 9C of that Act do not apply and the court has full sentencing discretion. 3 Sections 9B and 9C of the Sentencing Act 1991 do not apply unless the DPP serves and files a notice under section 9A of that Act. S. 5A inserted by No. 7/2008 s. 3. 5A Child homicide s. 5A 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 See sections 10(3) and 421 for other alternative verdicts. (3) Nothing in this Act affects the power of the jury on a charge of murder of a child to return a verdict of not guilty because of mental impairment. S. 6A inserted by No. 7546 s. 2. 6A Suicide no longer a crime s. 6A The rule of law whereby it is a crime for a person to commit or to attempt to commit suicide is hereby abrogated. S. 6B inserted by No. 7546 s. 2. 6B Survivor of suicide pact who kills deceased party is guilty of manslaughter (1) Where upon the trial of a person for the murder of another person the jury are satisfied that the accused caused or was a party to causing the death of that other person by a wilful act or omission but are satisfied on the balance of probabilities that the act was done or the omission made in pursuance of a suicide pact then the jury shall, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return a verdict of manslaughter in lieu thereof. S. 6B(1A) inserted by No. 49/1991 s. 119(1) (Sch. 2 item 5(a)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 5). (1A) Despite section 5, a person convicted of manslaughter under subsection (1) is only liable to level 5 imprisonment (10 years maximum).
of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. S. 7 repealed by No. 9576 s. 11(1). * * * * * No. 6103 s. 8. 8 Petit treason s. 8 Every offence which before the twenty-seventh day of June in the year of our Lord One thousand eight hundred and twenty-eight would have amounted to petit treason shall be deemed to be murder only; and all persons guilty in respect thereof whether as principals or as accessories shall be dealt with indicted tried and punished as principals and accessories in murder. No. 6103 s. 9. S. 9 amended by Nos 9576 s. 11(1), 77/2005 s. 8(3)(a)(i)(ii), 7/2008 s. 7(3)(a), 63/2014 s. 3(2). 9 Provision for trial for murder or manslaughter in where death or cause of death only happens in Where any person being criminally stricken poisoned or otherwise hurt upon the sea or at any place out of Victoria dies of such stroke poisoning or hurt in Victoria, or being criminally stricken poisoned or otherwise hurt at any place in Victoria dies of such stroke poisoning or hurt upon the sea or at any place out of Victoria, every offence committed in respect of any such case, whether the same amounts to the offence of murder or of manslaughter or of child homicide or of being accessory to murder or manslaughter or child homicide, may be dealt with inquired of tried determined and punished in Victoria in the same manner in all respects as if such offence had been wholly committed in Victoria.
S. 15 def. of offensive weapon inserted by No. 6/2013 s. 3(c). offensive weapon has the same meaning as in section 77(1A); S. 15 def. of physical injury inserted by No. 6/2013 s. 3(c). physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function; S. 15 def. of prohibited female genital mutilation inserted by No. 46/1996 s. 3. prohibited female genital mutilation means female genital mutilation the performance of which would be an offence under this Act if carried out in the State; S. 15 def. of registered medical practitioner inserted by No. 46/1996 s. 3, substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)), 13/2010 s. 51(Sch. item 17.1). s. 15 registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 15 def. of registered midwife inserted by No. 46/1996 s. 3, amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by No. 13/2010 s. 51(Sch. item 17.1). registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession;
(b) a substance shall be taken to interfere substantially with bodily functions if the substance is capable of inducing unconsciousness or sleep. S. 19A inserted by No. 19/1993 s. 3. 19A Intentionally causing a very serious disease s. 19A S. 19A(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 13). (1) A person who, without lawful excuse, intentionally causes another person to be infected with a very serious disease is guilty of an indictable offence. Level 2 imprisonment (25 years maximum). S. 19A(2) substituted by No. 46/2008 s. 272. (2) In subsection (1), very serious disease means HIV within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008. S. 20 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). 20 Threats to kill A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person— (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out— is guilty of an indictable offence. Level 5 imprisonment (10 years maximum).
S. 21A(7) inserted by No. 105/2003 s. 5. (7) It is immaterial that the victim was outside at the time at which some or all of the course of conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in . S. 21A(8) inserted by No. 20/2011 s. 3(5). (8) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. Note to s. 21A inserted by No. 68/2008 s. 69(2), substituted by No. 53/2010 s. 221(Sch. item 4). Note The Personal Safety Intervention Orders Act 2010 provides that the Court within the meaning of that Act may make a personal safety intervention order in respect of stalking. S. 22 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 9), 48/1997 s. 60(1)(Sch. 1 item 14). 22 Conduct endangering life s. 22 A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence. Level 5 imprisonment (10 years maximum). S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 14), 48/1997 s. 60(1)(Sch. 1 item 16). 23 Conduct endangering persons A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence. Level 6 imprisonment (5 years maximum).
S. 24 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 12), 48/1997 s. 60(1)(Sch. 1 item 16), 7/2008 s. 4. 24 Negligently causing serious injury s. 24 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). 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) For the purposes of Subdivisions (8B) to (8E) both the person who sexually penetrates another person and the other person are taking part in an act of sexual penetration. S. 36 substituted by No. 81/1991 s. 3. 36 Meaning of consent s. 36 For the purposes of Subdivisions (8A) to (8D) consent means free agreement. Circumstances in which a person does not freely agree to an act include the following— (a) the person submits because of force or the fear of force to that person or someone else; (b) the person submits because of the fear of harm of any type to that person or someone else; (c) the person submits because she or he is unlawfully detained; (d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 substituted by No. 81/1991 s. 3, amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3. 37 Jury directions (1) If relevant to the facts in issue in a proceeding the judge must direct the jury on the matters set out in sections 37AAA and 37AA. (2) A judge must not give to a jury a direction of a kind referred to in section 37AAA or 37AA if the direction is not relevant to the facts in issue in the proceeding.
S. 38 substituted by No. 81/1991 s. 3. 38 Rape s. 38 S. 38(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 19). (1) A person must not commit rape. Level 2 imprisonment (25 years maximum). (2) A person commits rape if— S. 38(2)(a) substituted by No. 57/2007 s. 5(1). (a) he or she intentionally sexually penetrates another person without that person's consent— (i) while being aware that the person is not consenting or might not be consenting; or (ii) while not giving any thought to whether the person is not consenting or might not be consenting; or (b) after sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting. S. 38(3) inserted by No. 67/2000 s. 4, substituted by No. 2/2006 s. 6(1). (3) A person (the offender) also commits rape if he or she compels a person— (a) to sexually penetrate the offender or another person, irrespective of whether the person being sexually penetrated consents to the act; or (b) who has sexually penetrated the offender or another person, not to cease sexually penetrating the offender or that other person, irrespective of whether the person who has been sexually penetrated consents to the act.
(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— (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. S. 39 substituted by No. 81/1991 s. 3, amended by No. 49/1991 s. 119(3) (Sch. 3 item 1) (as amended by No. 81/1991 s. 10(Sch. item 3.1)). 39 Indecent assault s. 39 S. 39(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 20). (1) A person must not commit indecent assault. Level 5 imprisonment (10 years maximum). S. 39(2) amended by No. 57/2007 s. 7. (2) A person commits indecent assault if he or she assaults another person in indecent circumstances— S. 39(2)(a) inserted by No. 57/2007 s. 7. (a) while being aware that the person is not consenting or might not be consenting; or S. 39(2)(b) inserted by No. 57/2007 s. 7. (b) while not giving any thought to whether the person is not consenting or might not be consenting.
New s. 40 inserted by No. 41/1993 s. 20. 40 Assault with intent to rape S. 40(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 20). (1) A person must not assault or threaten to assault another person with intent to commit rape. Level 5 imprisonment (10 years maximum). (2) In subsection (1), assault has the same meaning as in section 31(1). 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. 40 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. 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 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
S. 46 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 5), 48/1997 s. 60(1)(Sch. 1 item 23), repealed by No. 67/2000 s. 5. * * * * * s. 47 S. 47 substituted by No. 8/1991 s. 3. 47 Indecent act with child under the age of 16 S. 47(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 6), 48/1997 s. 60(1)(Sch. 1 item 24), 74/2014 s. 5(2). (1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16. Level 5 imprisonment (10 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child.
S. 52 (Heading) inserted by No. 2/2006 s. 17(1), amended by No. 49/2010 s. 228. S. 52 substituted by No. 8/1991 s. 3. 52 Sexual offences against persons with a cognitive impairment by workers s. 52 S. 52(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 28), substituted by No. 2/2006 s. 17(2). (1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). S. 52(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 29), substituted by No. 2/2006 s. 17(3). (2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum).
Pt 1 Div. 1 Subdiv. (8EA) (Heading and s. 60B) inserted by No. 129/1993 s. 10. (8EA) Loitering by sexual offender S. 60B inserted by No. 129/1993 s. 10. 60B Loitering near schools etc. s. 60B S. 60B(1) substituted by No. 65/1998 s. 3(1). (1) In this section, sexual offence means— S. 60B(1)(a) amended by No. 67/2000 s. 7(1). (a) an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or S. 60B(1)(b) amended by No. 67/2000 s. 7(2). (b) any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or (c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b). S. 60B(2) amended by Nos 48/1997 s. 60(1)(Sch. 1 item 38), 69/1997 s. 22(4), 65/1998 s. 3(2)(b). (2) A person who— (a) has been found guilty of— (i) a sexual offence; or
(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a conviction of a sexual offence. S. 60B(4) inserted by No. 80/2011 s. 79(Sch. item 3.2). (4) In this section— children's services centre means a place at which a children's service within the meaning of the Children's Services Act 1996 operates; education and care service premises means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children. Pt 1 Div. 1 Subdiv. (8F) (Heading and ss 59–61) inserted by No. 9509 s. 5, amended by Nos 10094 s. 14, 124/1986 ss 74(b)–(d), 80, substituted as Pt 1 Div. 1 Subdiv. (8F) (Heading and s. 61) by No. 8/1991 s. 3. (8F) Jury warnings s. 61 S. 61 substituted by No. 8/1991 s. 3. 61 Jury warnings (1) On the trial of a person for an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) or under any corresponding previous enactment or for an attempt to commit any such offence or an assault with intent to commit any such offence—
(iii) the Solicitor for Public Prosecutions appointed under section 42 of the Public Prosecutions Act 1994— in the exercise or performance of a power, function or duty conferred or imposed on the person under the Public Prosecutions Act 1994 or any other Act or at common law; (b) a member of staff of the Office of Public Prosecutions, in the exercise or performance of a power, function or duty conferred or imposed by or under the Public Prosecutions Act 1994 or any other Act or at common law; (c) a person engaged or contracted to assist a person referred to in paragraphs (a) or (b) with the production of audio-visual material required in the exercise or performance of a power, function or duty referred to in that paragraph. S. 68(4) inserted by No. 77/2013 s. 15. (4) Nothing in subsection (1) makes it an offence for an employee of the Department of Justice to produce child pornography if— (a) the employee produces child pornography for the purposes of their official duties; and (b) the employee is authorised to do so by the Secretary of the Department of Justice. S. 69 (Heading) inserted by No. 20/2004 s. 5(2). New s. 69 inserted by No. 90/1995 s. 88, amended by Nos 48/1997 s. 60(1)(Sch. 1 item 46), 6/2005 s. 12(3) (ILA s. 39B(1)). 69 Procurement etc. of minor for child pornography s. 69 (1) A person who— (a) invites a minor to be in any way concerned in the making or production of child pornography; or
(2) It is a defence to a prosecution for an offence against subsection (1) to prove— S. 70(2)(a) amended by No. 6/2005 ss 12(4), 13(3). (a) in the case of— (i) a film; or (ii) a photograph contained in a publication; or (iii) a computer game— that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+; or (b) that the film, photograph, publication or computer game possesses artistic merit or is for a genuine medical, legal, scientific or educational purpose; or S. 70(2)(c) amended by Nos 20/2004 s. 6(1), 68/2009 s. 97(Sch. item 40.5). (c) that the accused believed on reasonable grounds that the minor was aged 18 years or older or that he or she was married to the minor; or s. 70 S. 70(2)(d) amended by No. 68/2009 s. 97(Sch. item 40.5). (d) that the accused made the film or took the photograph or was given the film or photograph by the minor and that, at the time of making, taking or being given the film or 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.
No. 6103 s. 177. 177 Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent S. 177(1) amended by No. 48/1997 s. 62(3). s. 177 (1) Any valuable consideration given or offered to any parent husband wife or child of any agent or to his partner clerk or employee or at the agent's request to any person by any person having business relations with the principal of such agent shall be deemed to have been given or offered to the agent. S. 177(2) amended by No. 74/2000 s. 3(Sch. 1 item 30.2). (2) Any valuable consideration received or solicited by any parent husband wife or child of any agent or by his partner clerk or employee from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent knowledge or privity of the agent. No. 6103 s. 178. S. 178 amended by Nos 9554 s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988 s. 8(b)(i)–(iii), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68). 178 Giving or receiving false or misleading receipt or account an indictable offence If with intent to deceive or defraud the principal any person gives to any agent or any agent receives or uses or gives to the principal any receipt invoice account or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested and which— (a) contains any statement which he knows is false or erroneous or defective in any important particular or is in any way likely to mislead the principal; or
Heading preceding s. 187 substituted by No. 8425 s. 2(1)(e) (as amended by No. 9019 s. 2(1)(Sch. item 257)). Fraudulently inducing persons to invest Ss 187–190 repealed by No. 8425 s. 2(1)(f). * * * * * No. 6103 s. 191. 191 Fraudulently inducing persons to invest money S. 191(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 69). (1) Any person who, by any statement promise or forecast which he knows to be misleading false or deceptive or by any dishonest concealment of material facts or by the reckless making of any statement promise or forecast which is misleading false or deceptive, induces or attempts to induce another person— (a) to enter into or offer to enter into— (i) any agreement for or with a view to acquiring disposing of subscribing in or underwriting securities or lending or depositing money to or with any corporation; or (ii) any agreement the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to
(a) who intends to use, or who intends that another person will use, the equipment to make, use, supply or retain identification documentation; and (b) who intends to use any such identification documentation to commit an indictable offence or to facilitate the commission of an indictable offence— is guilty of an offence and liable to imprisonment for a term not exceeding 3 years. (2) A person may be found guilty of an offence against this section even if the commission of the indictable offence is impossible. S. 192E inserted by No. 22/2009 s. 3. 192E Not an offence to attempt to commit an identity crime offence It is not an offence to attempt to commit an offence against section 192B, 192C or 192D. Pt 1 Div. 2A (Heading and ss 193–195A) inserted by No. 104/2003 s. 3. Division 2A—Money laundering etc. New s. 193 inserted by No. 104/2003 s. 3. 193 Definitions s. 193 (1) In this Division—
New Pt 1 Div. 3 Subdiv. (3) (Heading) inserted by No. 9228 s. 2(1)(f). (3) Interference with mines, sea banks &c., railways and navigation aids No. 6103 s. 225. S. 225 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 55), 48/1997 s. 60(1)(Sch. 1 item 75). 225 Conveying water into a mine s. 225 Whosoever unlawfully and maliciously causes any water to be conveyed or run into any mine or into any subterraneous passage communicating therewith with intent thereby to destroy or damage such mine or to hinder or delay the working thereof, or with the like intent unlawfully and maliciously pulls down fills up or obstructs or damages with intent to destroy obstruct or render useless any airway waterway drain pit level shaft or drive of or belonging to any mine, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). This provision shall not extend to any damage committed underground by any owner of any adjoining mine in working the same or by any person duly employed in such working. S. 226 repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (9) (Heading and s. 227) repealed by No. 9228 s. 2(1)(c). * * * * *
No. 6103 s. 228. S. 228 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 75). 228 Removing etc. piles of sea banks s. 228 Whosoever unlawfully and maliciously cuts off draws up or removes any piles chalk or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdivs (10)(11) (Headings and ss 229–231) repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (12) (Heading) repealed by No. 9228 s. 2(1)(c). * * * * * No. 6103 s. 232. S. 232 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 76). 232 Placing things on railways to obstruct or overturn engine etc. Whosoever unlawfully and maliciously puts places casts or throws upon or across any railway any wood stone or other matter or thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or
S. 317(5) amended by No. 9576 s. 11(1), repealed by No. 63/2014 s. 7(5). * * * * * S. 317(6) repealed by No. 9848 s. 18(1). * * * * * s. 317 S. 317(7) amended by Nos 25/1989 s. 19(a), 35/1996 s. 453(Sch. 1 item 16.1 (a)–(c)), 68/2009 s. 97(Sch. item 40.11). (7) In any indictment the same criminal act may be charged in different charges as constituting different crimes under this Division, and upon the trial of any such indictment the prosecution shall not be put to its election as to the charge on which it must proceed. S. 317(8) amended by No. 68/2009 s. 97(Sch. item 40.12). (8) This Division shall not exempt any person from any indictment or proceeding for a crime or offence which is punishable at common law or by any enactment other than this Division but no person shall be punished twice for the same criminal act. S. 317(9)(a) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.16(a)), 25/2009 s. 4(2), 37/2014 s. 10(Sch. item 36.9). (9) (a) If a magistrate is satisfied by the evidence on oath or by affidavit of any police officer above the rank of senior sergeant authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) in that behalf that there is reasonable ground for suspecting that an offence under this Division has been, is being, or is about to be committed he may grant a search warrant authorizing any police officer named therein to enter at any time any premises or place (including any vehicle on or in the premises or place) mentioned in the warrant, or a particular vehicle mentioned in the
S. 318 amended by Nos 6762 s. 13(a)(b), 7184 s. 3, 7407 s. 2(a)(b), substituted by No. 7645 s. 3. 318 Culpable driving causing death s. 318 S. 318(1) amended by Nos 9554 s. 2(2)(Sch. 2 item 58), 9576 s. 11(1), 111/1986 s. 180(2) (Sch. 2 item 5), 127/1986 s. 102(Sch. 4 item 5.4), 49/1991 s. 119(1) (Sch. 2 item 61), 13/1992 s. 3(1), 48/1997 s. 60(1)(Sch. 1 item 89). (1) Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3 fine or both. S. 318(1A) inserted by No. 52/2014 s. 16. (1A) The baseline sentence for an offence under subsection (1) is 9 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 318(2) amended by No. 127/1986 s. 102(Sch. 4 item 5.4). (2) For the purposes of subsection (1) a person drives a motor vehicle culpably if he drives the motor vehicle— (a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving; or
S. 319J inserted by No. 8/2014 s. 35. 319J Person may not make another application for variation, suspension or revocation of order for 12 months If a court makes an order for a variation under section 319I(1)(a) or refuses an application under section 319I(1)(d), the person who applied for the relevant application under section 319H must not make another application under section 319H until 12 months after the order for the variation was made or the application was refused (as the case may be). S. 319K inserted by No. 8/2014 s. 35. 319K Orders under section 319D are to operate consecutively If a person is disqualified under an order under section 319D(a) and, during the period of disqualification, a court makes a further order under that section in respect of that person, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order. S. 319L inserted by No. 8/2014 s. 35. 319L Person must comply with order under section 319D A person who is subject to an order under section 319D must comply with the order. Penalty: 240 penalty units or imprisonment for 2 years. Pt 1 Div. 9A (Heading and s. 320) inserted by No. 48/1997 s. 56. Division 9A—Penalties for certain common law offences New s. 320 inserted by No. 48/1997 s. 56, amended by No. 8/2008 s. 13. 320 Maximum term of imprisonment for certain common law offences s. 319J An offence at common law specified in column 1 of the Table is punishable by the maximum term of imprisonment specified opposite it in column 2 of the Table.
S. 321(4) inserted by No. 10233 s. 9(a), amended by No. 68/2009 s. 97(Sch. item 40.15). (4) An indictment charging an offence against this section must not be filed without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this subsection. S. 321A inserted by No. 10079 s. 7(2). 321A Agreements to commit offences outside s. 321A (1) The expression the commission of an offence in section 321(1) extends to the commission of an offence against a law in force only in a place outside if, but only if— (a) the necessary elements of that offence include elements which, if present or occurring in , would constitute an offence against a law in ; and (b) one or more of the persons referred to in section 321(1) is or are in when the agreement referred to in that subsection is made. (2) Where all parties to an agreement are outside Victoria when it is made, section 321 shall apply in relation to it if, but only if, that agreement is to pursue a course of conduct which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of an offence against a law in force in Victoria. (See R. v. Darby (1982) 40 ALR 594). S. 321B inserted by No. 10079 s. 7(2). 321B As to consequences of acquittal of co-conspirators It is hereby declared that the conviction of a conspirator whether tried together with or separately from another alleged conspirator or other alleged conspirators may stand notwithstanding that the other alleged conspirator or conspirators is are or may be acquitted unless in all the circumstances of the case the conviction is
(2) The preceding provisions of this Division do not apply to an attempt— S. 321R(2)(a) substituted by No. 63/2014 s. 7(6). (a) to be involved in the commission of an indictable offence; or (b) to commit the offence of conspiracy whether that offence is a statutory offence or an offence at common law. S. 321S inserted by No. 10233 s. 4. 321S Abolition of attempt at common law s. 321S The offence of attempt at common law is abolished. _______________ Pt 1A (Heading and s. 322A) inserted by No. 7884 s. 2(2). S. 322A inserted by No. 7884 s. 2(2). 322A Maintenance and certain other offences abolished s. 322A Any distinct offences under the common law of maintenance (including champerty but not embracery), or of being a common barrator, a common scold or a common night walker are hereby abolished. _______________ Pt 1B (Heading and ss inserted by No. 9576 s. 2.
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— s. 428 (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. New s. 429 inserted by No. 10/2003 s. 7. 429 Alternative verdict for charges of unauthorised impairment of electronic communication If on the trial of a person charged with an offence against section 247D 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 247C— 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. Ss 429–434 repealed by No. 8425 s. 2(1)(h). * * * * * S. 435 substituted by No. 9576 s. 11(1). 435 Alternative verdict for charges relating to riots Where on the trial of a person for any offence against section 206(1) the jury are not satisfied that he is guilty of the offence charged but are
issued against him or a notice to appear has been served on him with respect to the offence alleged. S. 458(4) inserted by No. 68/2009 s. 97(Sch. item 40.32). (4) In subsection (3), notice to appear has the same meaning as in the Criminal Procedure Act 2009. S. 459 (Heading) inserted by No. 43/2011 s. 17(1), amended by No. 37/2014 s. 10(Sch. item 36.14). S. 459 substituted by No. 8247 s. 2, amended by No. 43/2011 s. 17(2)(3) (ILA s. 39B(1)). 459 Powers of police officer or protective services officer to apprehend offenders s. 459 S. 459(1) amended by No. 37/2014 s. 10(Sch. item 36.15(a)). (1) In addition to exercising any of the powers conferred by section 458 or by or under any other Act a police officer, or a protective services officer on duty at a designated place, may at any time without warrant apprehend any person— S. 459(a) amended by No. 68/2009 s. 97(Sch. item 40.33). (a) he believes on reasonable grounds has committed an indictable offence in (including any indictable offence which may be heard and determined summarily); or S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33). (b) he believes on reasonable grounds has committed an offence elsewhere which if committed in would be an indictable offence against the law of (including any indictable offence which may be heard and determined summarily).
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— s. 464 but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken; S. 464(2) def. of forensic procedure inserted by No. 129/1993 s. 6(b). forensic procedure means the taking of a sample from any part of the body, whether an intimate or non-intimate sample or any other type of sample, or the conduct of any procedure on or physical examination of the body but does not include the taking of a fingerprint;
S. 464(2) def. of held in a prison, police gaol, youth training centre or youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos 93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)), amended as held in a prison, police gaol, youth justice centre or youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 4 of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 11(7) of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or (c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; or (d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005; S. 464(2) def. of intimate part of the body inserted by No. 129/1993 s. 6(c). intimate part of the body means the genital or anal region of a male or female or the breast of a female; s. 464 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 youth residential centre inserted by No. 129/1993 s. 6(g), amended by No. 48/2006 s. 42(Sch. item 9.2(d)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; S. 464(2) def. of young person inserted by No. 38/1988 s. 5(c), repealed by No. 129/1993 s. 6(f). * * * * * S. 464(3) inserted by No. 25/1989 s. 11(b). amended by No. 37/2014 s. 10(Sch. item 36.18(b)). (3) The Minister administering the Victoria Police Act 2013 may appoint by notice published in the Government Gazette a person or class of persons as a person or persons authorised to take fingerprints in accordance with this Subdivision. S. 464AA inserted by No. 27/2006 s. 4. 464AA Digital recordings s. 464AA If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met. S. 464A inserted by No. 37/1988 s. 5. 464A Detention of person in custody (1) Every person taken into custody for an offence (whether committed in or elsewhere) must be— (a) released unconditionally; or (b) released on bail; or
(l) any other matters reasonably connected with the investigation of the offence. Note to s. 464A inserted by No. 25/2014 s. 14. Note Section 78D of the Corrections Act 1986 provides for the application of section 464A in relation to persons detained under that Act. S. 464B inserted by No. 37/1988 s. 5. 464B Questioning or investigation of person already held for another matter s. 464B S. 464B(1) amended by Nos 56/1989 s. 286(Sch. 2 item 7.5), 57/1989 s. 5(1)(b)(i), 86/2000 s. 4(1)(a). (1) An investigating official may apply to the Magistrates' Court or, if the application is in respect of a child, the Children's Court for an order that a person— S. 464B(1)(a) substituted by No. 86/2000 s. 4(1)(b). (a) who is— (i) held in a prison or police gaol; or S. 464B (1)(a)(ii) amended by No. 23/2006 s. 236(5). (ii) a forensic resident or a security resident within the meaning of the Disability Act 2006; or S. 464B(1) (a)(iii) substituted by No. 26/2014 s. 455(Sch. item 7.3). (iii) a forensic patient or a security patient within the meaning of the Mental Health Act 2014; and S. 464B(1) (a)(iv) repealed by No. 26/2014 s. 455(Sch. item 7.3). * * * * *
(b) may include in that order any other condition that it thinks fit in the interests of the of the person during any questioning or investigation. S. 464B(5F) inserted by No. 86/2000 s. 4(4). s. 464B (5F) The Magistrates' Court or the Children's Court (as the case may be) is not required to include in an order under subsection (5) a condition referred to in subsection (5E)(a)(i) if the person who is the subject of the order applies to the Court for that condition not to be included and the Court is satisfied that, in all the circumstances, it is appropriate not to include it. S. 464B(5G) inserted by No. 86/2000 s. 4(4). (5G) On making an order under subsection (5), the Magistrates' Court or the Children's Court (as the case may be) must inform the person who is the subject of the order— (a) that he or she does not have to say or do anything but that anything he or she does say or do may be given in evidence; and S. 464B(5G)(b) amended by No. 41/2004 s. 9(1)(a). (b) that the investigating official must give him or her the information required to be given by subsection (6) and section 464C(1); and S. 464B(5G)(c) inserted by No. 41/2004 s. 9(1)(b). (c) if the person was held in a prison or police gaol at the time of the application, that the making of the order does not prevent a senior police officer from authorising the conduct of a non-intimate compulsory procedure on the person under section 464SA. S. 464B(5H) inserted by No. 86/2000 s. 4(4), amended by No. 27/2006 s. 17(2). (5H) An audiovisual recording must be made of the following— (a) the giving of any information required to be given by subsection (6) and section 464C(1); (b) any response of the person in custody to the giving of that information;
S. 464H(3)(b) amended by Nos 86/2000 s. 6(2)(b), 27/2006 s. 17(7)(b), substituted by No. 87/2009 s. 3(2). (b) if both an audio recording and an audiovisual recording were made— (i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and (ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and S. 464H(3)(c) inserted by No. 87/2009 s. 3(2). (c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made. S. 464H(3A) inserted by No. 87/2009 s. 3(3). (3A) On request by a person charged with an offence or the legal practitioner representing that person, the investigating official must provide an additional copy of the audiovisual recording referred to in subsection (3). S. 464H(4) amended by Nos 86/2000 s. 6(3), 27/2006 s. 17(8). (4) Nothing in this section prevents the use of an audio recording or audiovisual recording in a proceeding for a summary offence. S. 464I inserted by No. 37/1988 s. 5, amended by No. 86/2000 s. 8(2). 464I No power to detain person not under arrest s. 464I Nothing in sections 464 to 464H (except as provided by an order made under section 464B(5)) confers a power to detain against his or her will a person who is not under arrest. S. 464J inserted by No. 37/1988 s. 5, amended by No. 84/1989 s. 6. 464J Right to remain silent etc. not affected Nothing in this subdivision affects— (a) the right of a person suspected of having committed an offence to refuse to answer questions or to participate in investigations
S. 464JB inserted by No. 87/2009 s. 4. 464JB Court may give directions in relation to a recording s. 464JB (1) In this section— recording has the same meaning as in section 464JA. (2) A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. S. 464JC inserted by No. 87/2009 s. 4. 464JC Retention of copy of recording (1) In this section— authorised person has the same meaning as in section 464JA; court means— (a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court; S. 464JC(1) def. of Department Head inserted by No. 64/2010 s. 4(1). Department Head has the same meaning as in the Public Administration Act 2004; recording has the same meaning as in section 464JA. S. 464JC(2) amended by Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item 36.20). (2) The Chief Commissioner of Police must keep a copy of a recording, if the recording has been made by a police officer in the course of an investigation, in safe custody.
S. 464K(2)(d) amended by No. 37/2014 s. 10(Sch. item 36.22(a)). (d) that if the person refuses to give his or her fingerprints voluntarily, a police officer may use reasonable force to obtain them; and (e) that if the person is not charged with a relevant offence within 6 months or is so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence before the end of that period, the fingerprints will be destroyed. s. 464K S. 464K(3) amended by No. 37/2014 s. 10(Sch. item 36.22(a)). (3) Subject to subsection (4), the police officer who informs a person of the matters in subsection (2) must— S. 464K(3)(a) substituted by No. 27/2006 s. 17(9). (a) record (whether by audio recording or audiovisual recording); or (b) record in writing signed by the person— the giving of that information and the person's responses, if any. S. 464K(4) amended by No. 27/2006 s. 17(10). (4) If a person is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (2) and the person's responses, if any, must be recorded by audio recording or audiovisual recording. S. 464K(5) amended by Nos 27/2006 s. 17(11)(a), 37/2014 s. 10(Sch. item 36.22(a)). (5) If information and a person's responses are recorded by audio recording or audiovisual recording in accordance with this section, the police officer giving the information must give or send by post to the person or his or her legal practitioner without charge—
(b) record in writing signed by the child and the parent or guardian present— the giving of that information and the responses, if any, of the child and the parent or guardian. s. 464L S. 464L(6) amended by No. 27/2006 s. 17(14). (6) If a child is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (3) and the responses, if any, of the child and the parent or guardian must be recorded by audio recording or audiovisual recording. S. 464L(7) amended by Nos 27/2006 s. 17(15)(a), 37/2014 s. 10(Sch. item 36.23(a)). (7) If information and the responses of the child and parent or guardian are recorded by audio recording or audiovisual recording, the police officer giving the information must give or send by post to the child or his or her legal practitioner without charge— S. 464L(7)(a) amended by No. 27/2006 s. 17(15)(b). (a) the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and S. 464L(7)(b) amended by No. 27/2006 s. 17(15)(c). (b) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable. S. 464L(8) amended by No. 37/2014 s. 10(Sch. item 36.23(b)). (8) If information and the responses of the child and parent or guardian are recorded in writing, the police officer requesting the child's fingerprints must give to the child, or cause the child to be given, a copy of the signed record forthwith.
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. s. 464NA (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.
after the authorisation is made and, in any event, before the conduct of the compulsory procedure. S. 464SB(4) amended by No. 37/2014 s. 10(Sch. item 36.26). (4) Before the compulsory procedure is conducted, a police officer must inform the suspect orally and in person of the following— (a) that an authorisation under section 464SA has been given; and (b) the matters referred to in subsection (2)(a), (b) and (c); and S. 464SB(4)(c) amended by No. 37/2014 s. 10(Sch. item 36.26). (c) that a police officer may use reasonable force to enable the compulsory procedure to be conducted; and (d) if the authorisation is to take a sample of hair, that the suspect may elect to provide instead a scraping taken by the suspect from his or her mouth, if it is considered appropriate to do so. (5) The person who gives the information required to be given by subsection (4) must— S. 464SB(5)(a) amended by No. 27/2006 s. 17(19)(a). (a) record, or cause to be recorded, the giving of that information by audio recording or audiovisual recording; and s. 464SB S. 464SB(5)(b) amended by No. 27/2006 s. 17(19)(b). (b) give or send by registered post, or cause to be given or sent by registered post, to the suspect or his or her legal practitioner, without charge, a copy of the recording as soon as practicable, but not more than 7 days after the conduct of the compulsory procedure. (6) If a senior police officer refuses to give an authorisation under section 464SA in respect of a suspect, the senior police officer must—
(d) give notice in writing to the person ordered to undergo the compulsory procedure of the date on which and venue of the court at which the further hearing of the application will take place and that the person is required to be present at that further hearing; and (e) not later than the day following the making of the order, send the form of order, if any, completed by the applicant to the magistrate or Children's Court magistrate who constituted the court that made the order. S. 464W(9) amended by No. 37/2014 s. 10(Sch. item 36.30(c)). (9) A police officer who informs a person of the matters in subsection (8)(c)— S. 464W(9)(a) amended by No. 27/2006 s. 17(20)(a). s. 464W (a) must record the giving of the information by audio recording or audiovisual recording or in writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— S. 464W(9) (b)(i) amended by No. 27/2006 s. 17(20)(b). (i) if the giving of the information is recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information is recorded in writing, a copy of the record forthwith. (10) If an application is made by telephone, whether or not an interim order is made, the applicant must, not later than the day following the making of the application, send the affidavit duly sworn to the
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; s. 464ZE (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.
the court may issue a warrant authorising the person to whom it is directed, if necessary— (c) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (d) to arrest the person; and (e) to bring the person before the court for the hearing of the application; and (f) if that application is granted, to detain the person for as long as reasonably permits the conduct of the forensic procedure. S. 464ZFA(1A) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(3), 20/2011 s. 5(1), 37/2014 s. 10(Sch. item 36.36(a)). (1A) If a court makes an order under section 464ZF(2) or 464ZFAAA(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as the case may be, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (1B). S. 464ZFA(1B) inserted by No. 16/2002 s. 12(1), amended by No. 27/2006 s. 10(4). (1B) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that the person has not complied with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— s. 464ZFA (a) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (b) to arrest the person; and (c) to detain the person for as long as reasonably permits the conduct of the forensic procedure.
S. 464ZG(5) amended by No. 37/2014 s. 10(Sch. item 36.37). (5) A police officer may, before the end of a period referred to in subsection (4), apply, without notice to any other person, to the Magistrates' Court or the Children's Court (as the case requires) for an order extending that period and, if the court makes such an order, the reference to the period in subsection (4) is a reference to that period as so extended. (6) If the Magistrates' Court or the Children's Court makes an order under subsection (5), it must give reasons for its decision and cause a copy of the order to be served on the person on whom the forensic procedure was conducted. S. 464ZG(7) substituted by No. 81/1997 s. 27(4). (7) If a sample or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the procedure was conducted so requests, within 14 days after receiving the request, notify in writing that person of whether the destruction has occurred. S. 464ZG(8) amended by Nos 69/1997 s. 22(15), 81/1997 s. 27(5)(a)(c). (8) A person who knowingly— (a) fails to destroy; or s. 464ZG S. 464ZG(8)(b) amended by No. 81/1997 s. 27(5)(b). (b) uses, or causes or permits to be used— a sample or related material and information required by this section to be destroyed is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). S. 464ZG(9) amended by Nos 69/1997 s. 22(15), 81/1997 s. 27(6)(a)–(c). (9) A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from, any sample or related material and information required by this section
S. 464ZGFA (5)(c) amended by No. 37/2014 s. 10(Sch. item 36.38(b)(ii)). (c) a proceeding arising out of, or connected with, a critical incident (within the meaning of section 82 of the Victoria Police Act 2013). (6) In subsection (5) a proceeding includes a coronial inquest or inquiry. (7) A sample given under this section and any DNA profile obtained from the sample may not be released to any person outside the relevant agency unless the person who gave the sample consents to the release. (8) A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from, a sample given under this section, any DNA profile obtained from the sample or any related information, other than in accordance with this section. Penalty: level 8 imprisonment (1 year maximum). (9) An offence against subsection (8) is a summary offence. (10) This section does not affect any other power to require a person referred to in subsection (2) to provide a sample or to undergo a forensic procedure. S. 464ZGFB inserted by No. 72/2013 s. 15. 464ZGFB Destruction of samples given by police and VIFM personnel and storage of DNA information s. 464ZGFB (1) The Chief Commissioner of Police is responsible for ensuring the destruction under this section of samples and DNA profiles that are held or managed by Victoria Police.
Heading preceding s. 464ZGG inserted by No. 16/2002 s. 16, amended by No. 32/2007 s. 6. DNA database systems S. 464ZGG inserted by No. 16/2002 s. 16. 464ZGG Supply of forensic material for purposes of DNA database s. 464ZGG (1) In this section— S. 464ZGG(1) def. of excluded forensic material amended by No. 27/2006 s. 15. excluded forensic material means forensic material— (a) found at a crime scene; or (b) taken from a suspect in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; or (c) taken from an offender under section 464ZF or 464ZGB or under a corresponding law of a participating jurisdiction; or (ca) taken from a person under section 464ZFAAA following a finding of not guilty because of mental impairment; or (d) taken from the body of a deceased person; or (e) from the body of a missing person; or (f) taken from a volunteer who is a relative by blood of a deceased or missing person; prohibited analysis means analysis for the purpose of deriving a DNA profile for inclusion on a DNA database when the
S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE s. 464ZGI Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes (2) A person— S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2). (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and (b) who intends or is reckless as to any such matching of profiles— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
S. 469AA(3) amended by No. 68/2009 s. 97(Sch. item 40.41). (3) If the conviction is set aside on appeal, the order for seizure and destruction shall be ipso facto vacated. S. 469A inserted by No. 7088 s. 2(f), amended by No. 57/1989 s. 3(Sch. item 42.62). 469A Power of persons to search aircraft (1) If, the person in command of the aircraft or any person authorized in writing in a particular case by a magistrate reasonably suspects that an offence involving the safety of an aircraft has been, is being or may be committed on board or in relation to an aircraft, he may, with such assistance as is necessary, search or cause to be searched— (a) the aircraft and any person, luggage or freight on board the aircraft; and (b) any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft. (2) A female shall not be searched under the last preceding subsection except by a female. (32) Search warrants for women and girls No. 6103 s. 470. 470 Power of search when female unlawfully detained for immoral purposes S. 470(1) amended by No. 57/1989 s. 3(Sch. item 42.63(a)–(d)). s. 469A (1) If it appears to a magistrate, on the evidence on oath or by affidavit of any parent relative or guardian of any woman or girl or by any other person who in the opinion of the magistrate is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place, he may issue a warrant authorizing any person named therein to search for and when found to take to and detain in a place of safety such woman or girl
S. 470(6) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.66(a)(b)), 37/2014 s. 10(Sch. item 36.42). (6) Every warrant issued under this section shall be addressed to and executed by a police officer of or above the rank of sergeant, who shall be accompanied by the parent relative or guardian or other person referred to in subsection (1) if such person so desire unless the magistrate otherwise directs. Pt 3 Div. 1 Subdiv. (33) (Heading) repealed by No. 23/1991 s. 8(2). * * * * * S. 471 amended by Nos 9427 s. 6(1)(Sch. 5 item 41), 110/1986 s. 140(2), repealed by No. 124/1986 s. 74(e). * * * * * Division 2—Punishment Pt 3 Div. 2 Subdiv. (1) (Heading) amended by No. 10084 s. 15(b). (1) Sentences for offences Ss 472–476A repealed. * * * * * S. 476B inserted by No. 9242 s. 3, amended by Nos 16/1987 ss 4(3)(Sch. 1 item 8(b)), 12(Sch. 2 item 6(b)), 46/1998 s. 7(Sch. 1), 48/2006 s. 42(Sch. item 9.4). 476B Young person sentenced to life imprisonment s. 476B Where a person under the age of 21 years is sentenced to be imprisoned for the term of his natural life he shall be kept in safe custody in such place as is directed by the Minister administering the Children, Youth and Families Act 2005 from time to time upon the recommendation of the Secretary within the meaning of that Act and if the place at which he is at any time being so kept is a youth justice centre, remand centre, or other
(6) Sections 325, 459 and 459A apply to offences under this section and section 479B as if the offences were serious indictable offences. Pt 3 Div. 2 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(l)(i). * * * * * Ss 480–484 repealed. * * * * * Pt 3 Div. 2 Subdiv. (3) (Heading) amended by No. 8679 s. 3(1)(c). (3) Execution of sentences Ss 485–492 repealed. * * * * * No. 6103 s. 493. S. 493 amended by Nos 8338 s. 7(b), 8426 s. 9(2)(a)(b) (as amended by No. 8701 s. 7(f)), 8870 s. 7(b), 8998 s. 4, 9554 s. 2(1)(Sch. 1 item 9), 9945 s. 3(3)(Sch. 2 item 12), 10087 s. 3(1)(Sch. 1 item 28), 16/1987 s. 4(3)(Sch. 1 item 8(c)), 48/2006 s. 42(Sch. item 9.5). 493 Sentences of imprisonment etc. to be carried out according to law relating to prisons s. 493 Every sentence of imprisonment which is passed for any indictable offence every sentence of attendance at an attendance centre, every award of imprisonment or attendance at an attendance centre, and every direction for detention in a youth justice centre within the meaning of the Children, Youth and Families Act 2005 for any offence punishable on summary conviction, shall be carried out in the manner for the time being provided by any Acts in force relating to prisons or penal establishments in that behalf according to the tenor of every such sentence.
upon and information with respect to the convicted person as the court requires. S. 507(7) amended by No. 9966 s. 21(2)(f), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * * s. 507 Pt 4 Div. 1 Subdiv. (2) (Heading) repealed by No. 25/1989 s. 20(m)(i). * * * * * Ss 508, 509 repealed. * * * * * Pt 4 Div. 1 Subdiv. (3) (Heading) repealed by No. 25/1989 s. 20(m)(ii). * * * * * s. 510 Ss 510–515A repealed. * * * * * Pt 4 Div. 1 Subdiv. (4) (Heading) repealed by No. 25/1989 s. 20(m)(iii). * * * * * Ss 516–519A repealed. * * * * * Pt 4 Div. 1 Subdiv. (5) (Heading) repealed by No. 25/1989 s. 20(m)(iv). * * * * *
S. 546 amended by No. 7705 s. 10, substituted by No. 7994 s. 4, amended by No. 8280 s. 18(a)(i)(ii)(b), repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * No. 6103 s. 543. S. 547 amended by Nos 8679 s. 3(1)(e), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 14). 547 Definition of forfeiture and convict s. 547 The word forfeiture in the construction of this Part shall not include any fine or penalty imposed on any convict by virtue of his sentence, and the expression convict shall be deemed to mean any person against whom after the passing of this Act judgment of imprisonment has been pronounced or recorded by any court of competent jurisdiction in Victoria upon any charge of treason or indictable offence. No. 6103 s. 544. S. 548 amended by Nos 8679 s. 3(1)(f), 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 15). 548 When convict shall cease to be subject to operation of this Part When any convict dies or is adjudicated bankrupt, or has undergone the full term of imprisonment for which judgment has been pronounced or recorded against him, or such other punishment as may by competent authority have been substituted for such full term, or has received a pardon for the treason or indictable offence of which he has been convicted, he shall thenceforth so far as relates to the provisions hereinafter contained cease to be subject to the operation of this Part. Ss 549–561 repealed by No. 8410 s. 5(1). * * * * *
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 Endnotes 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: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 : All of Act in operation Crimes (Dangerous Driving) Act 1966, No. 7407/1966
Assent Date: 17.5.66 Commencement Date: 1.7.66: Government Gazette 22.6.66 p. 2205 : All of Act in operation Crimes Act 1967, No. 7546/1967 Assent Date: 17.3.67 Commencement Date: 17.3.67 : All of Act in operation Crimes (Amendment) Act 1967, No. 7577/1967 Assent Date: 8.11.67 Commencement Date: 8.11.67 : All of Act in operation Crimes (Driving Offences) Act 1967, No. 7645/1967 (as amended by No. 7696/1968) Assent Date: 19.12.67 Commencement Date: 1.3.68: Government Gazette 1.3.68 p. 577 : All of Act in operation Juries Act 1967, No. 7651/1967 (as amended by No. 7725/1968) Assent Date: 19.12.67 Commencement Date: S. 2(1)(Sch. 1 Pt 2 item 3) on 1.1.69: Government Gazette 4.12.68 p. 3919 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1968, No. 7696/1968 Assent Date: 7.5.68 Commencement Date: 7.5.68 : All of Act in operation Abolition of Bailiwicks Act 1968, No. 7703/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3930 : All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation Crimes (Evidence) Act 1968, No. 7782/1968 Assent Date: 18.12.68 Commencement Date: 18.12.68 : All of Act in operation Endnotes Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 16.5.75 Commencement Date: S. 173(Sch. 3) on 1.7.76: Government Gazette 24.3.76 p. 848 : This information relates only to the provision/s amending the Crimes Act 1958 Constitution Act 1975, No. 8750/1975 Assent Date: 19.11.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Crimes Act 1976, No. 8870/1976 Assent Date: 16.6.76 Commencement Date: Ss 1–3, 5, 7, 8 on 1.3.77: Government Gazette 26.1.77 p. 177; s. 4 on 1.7.76: s. 4(5); s. 6 on 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Rape Offences (Proceedings) Act 1976, No. 8950/1976 Assent Date: 14.12.76 Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Magistrates' Courts (Commitment) Act 1977, No. 8998/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Bail Act 1977, No. 9008/1977 Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2 : All of Act in operation Crimes (Armed Robbery) Act 1977, No. 9048/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77: subject to s. 2(2) : All of Act in operation Endnotes Crimes (Married Persons' Liability) Act 1977, No. 9073/1977
Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 25.1.78 p. 201 : All of Act in operation Crimes (Hijackings and Other Offences) Act 1978, No. 9155/1978 Assent Date: 30.5.78 Commencement Date: 1.10.78: Government Gazette 6.9.78 p. 2869 : All of Act in operation Crimes (Criminal Damage) Act 1978, No. 9228/1978 (as amended by No. 9427/1980) Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Competence and Compellability of Spouse Witnesses) Act 1978, No. 9230/1978 Assent Date: 19.12.78 Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901 : All of Act in operation Crimes (Amendment) Act 1978, No. 9242/1978 Assent Date: 19.12.78 Commencement Date: Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79: Government Gazette 21.3.79 p. 729 : All of Act in operation Crimes (Amendment) Act 1979, No. 9323/1979 Assent Date: 18.12.79 Commencement Date: 1.7.80: Government Gazette 25.6.80 p. 2121 : All of Act in operation Imperial Law Re-enactment Act 1980, No. 9407/1980 Assent Date: 20.5.80 Commencement Date: 2.7.80: Government Gazette 2.7.80 p. 2257 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80 (except as otherwise provided in s. 6(2)): s. 1(2) : All of Act in operation Community Welfare Services (Extradition) Act 1980, No. 9498/1980 Assent Date: 23.12.80 Commencement Date: 23.12.80 : All of Act in operation Crimes (Sexual Offences) Act 1980, No. 9509/1980 Assent Date: 23.12.80 Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338 : All of Act in operation Endnotes
Crimes (Procedure) Act 1983, No. 10026/1983 Assent Date: 20.12.83 Commencement Date: 7.2.84: Government Gazette 7.2.84 p. 381 : All of Act in operation Crimes (Criminal Investigations) Act 1984, No. 10076/1984 Assent Date: 15.5.84 Commencement Date: 5.6.84: Government Gazette 5.6.84 p. 1777 : All of Act in operation Crimes (Conspiracy and Incitement) Act 1984, No. 10079/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Endnotes Crimes (General Amendment) Act 1984, No. 10084/1984 Assent Date: 22.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Planning (Brothels) Act 1984, No. 10094/1984 (as amended by No. 124/1986) Assent Date: 22.5.84 Commencement Date: S. 14 on 2.7.84: Government Gazette 30.5.84 p. 1674 : This information relates only to the provision/s amending the Crimes Act 1958 Penalties and Sentences (Amendment) Act 1984, No. 10152/1984 Assent Date: 20.11.84 Commencement Date: S. 9 on 1.6.85: Government Gazette 22.5.85 p. 1667 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1985, No. 10233/1985 Assent Date: 10.12.85 Commencement Date: Ss 1–3, 10 on 22.1.86: Government Gazette 22.1.86 p. 144; rest of Act on 24.3.86: Government Gazette 12.2.86 p. 382 : All of Act in operation Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985 Assent Date: 10.12.85 Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114 : All of Act in operation
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 9 on 1.7.06: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 14) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: Ss 3–19B, 42 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Document Destruction) Act 2006, No. 6/2006 Assent Date: 4.4.06 Commencement Date: S. 3 on 1.9.06: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006 Assent Date: 11.4.06 Commencement Date: Ss 13–15 on 12.4.06: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: S. 236 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006 Assent Date: 6.6.06 Commencement Date: Ss 3–18 on 30.6.06: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 9) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 3–5 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date: 3.6.08 Commencement Date: S. 77 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 3) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 272 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: S. 242 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Abortion Law Reform Act 2008, No. 58/2008 Assent Date: 22.10.08 Commencement Date: Ss 9–11 on 23.10.08: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: S. 69 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Courts Legislation Amendment ( and Other Matters) Act 2008, No. 78/2008 Assent Date: 11.12.08 Commencement Date: S. 25 on 31.12.09: s. 2(3) : This information relates only to the provision/s amending the Crimes Act 1958
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 44–46 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Legislation Amendment Act 2010, No. 7/2010 Assent Date: 16.3.10 Commencement Date: S. 3 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Crimes Act 1958 Endnotes Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 17) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010 Assent Date: 24.8.10 Commencement Date: Ss 227, 228 on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 4) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 4) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 3–6 on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Crimes Act 1958 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 3) on 1.7.12: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958