S. 21A(2)(da) inserted by No. 20/2011 s. 3(1). (da) making threats to the victim; S. 21A(2)(db) inserted by No. 20/2011 s. 3(1). (db) using abusive or offensive words to or in the presence of the victim; S. 21A(2)(dc) inserted by No. 20/2011 s. 3(1). (dc) performing abusive or offensive acts in the presence of the victim; S. 21A(2)(dd) inserted by No. 20/2011 s. 3(1). (dd) directing abusive or offensive acts towards the victim; s. 21A (e) giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person; (f) keeping the victim or any other person under surveillance; S. 21A(2)(g) substituted by No. 20/2011 s. 3(2). (g) acting in any other way that could reasonably be expected— (i) to cause physical or mental harm to the victim, including self-harm; or (ii) to arouse apprehension or fear in the victim for his or her own safety or that of any other person— with the intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.
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 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. 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. (3) In this section— S. 29(3)(a) amended by No. 24/1990 s. 16, substituted by No. 66/1996 s. 201(1). (a) firearm has the same meaning as in the Firearms Act 1996; and
S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or s. 44 Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section. S. 44(6A) inserted by No. 2/2006 s. 8, amended by No. 57/2007 s. 8. (6A) For the purposes of this section, 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 without the victim's consent. (7) In all proceedings for offences under this section (except under subsection (2)) it shall be presumed in the absence of evidence to the contrary— (a) that the accused knew that he or she was related to the other person in the way alleged; and (b) that people who are reputed to be related to each other in a particular way are in fact related in that way.
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). (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 to whom he or she is not married. 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. 47(3) inserted by No. 2/2006 s. 10(2). (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 47A (Heading) inserted by No. 2/2006 s. 11(1). S. 47A inserted by No. 8/1991 s. 3. 47A Persistent sexual abuse of child under the age of 16 s. 47A S. 47A(1) amended by Nos 81/1997 s. 5(1)(a), 2/2006 s. 11(2). (1) A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married is guilty of an indictable offence. (2) To prove an offence under subsection (1) it is necessary to prove— S. 47A(2)(a) amended by No. 81/1997 s. 5(1)(b)(2). (a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and S. 47A(2)(b) amended by No. 81/1997 s. 5(3). (b) that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during that period. S. 47A(2A) inserted by No. 81/1997 s. 5(4). (2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision. S. 47A(3) substituted by No. 81/1997 s. 5(5). (3) It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).
No. 6103 s. 66. S. 66 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 34), 48/1997 s. 60(1)(Sch. 1 item 43), substituted by No. 58/2008 s. 11. 66 Abortion—Abolition of common law offences s. 66 Any rule of common law that creates an offence in relation to procuring a woman's miscarriage is abolished. (12) Concealing the birth of a child No. 6103 s. 67. S. 67 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 35), 48/1997 s. 60(1)(Sch. 1 item 44(a)(b)). 67 Concealing birth of a child If any woman has been delivered of a child, every person who by any secret disposition of the dead body of the said child whether such child died before at or after its birth endeavours to conceal the birth thereof, shall be guilty of a summary offence, and shall be liable to level 9 imprisonment (6 months maximum).
S. 70B(2) amended by Nos 37/1986 s. 11, 49/1991 s. 119(1) (Sch. 2 item 37(a)). (2) Any person who commits a piratical act shall be guilty of an offence and shall be liable on conviction upon indictment to— S. 70B(2)(a) inserted by No. 37/1986 s. 11, substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 37(b)), 48/1997 s. 60(1)(Sch. 1 item 49). (a) level 3 imprisonment (20 years maximum); or S. 70B(2)(b) inserted by No. 37/1986 s. 11, amended by No. 49/1991 s. 119(1) (Sch. 2 item 37(c)). (b) imprisonment for such other term as is fixed by the court— as the court determines. (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).
(3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it. S. 78(4) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 43), 48/1997 s. 60(1)(Sch. 1 item 57). (4) A person guilty of an offence under this section is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 79 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1), repealed by No. 10084 s. 4. * * * * * S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1). 80 Unlawfully taking control of an aircraft s. 80 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).
(b) to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form; or (c) to have been made in the terms in which it is made by a person who did not in fact make it in those terms; or (d) to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms; or (e) to have been altered in any respect by a person who did not in fact alter it in that respect; or s. 83A (f) to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect; or (g) to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered; or (h) to have been made or altered by an existing person who did not in fact exist. (7) For the purposes of this section, a person is to be treated as making a false document if the person alters a document so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration). (8) For the purposes of this section, an act or omission is to a person's prejudice if, and only if, it is one that, if it occurs— (a) will result— (i) in the person's temporary or permanent loss of property; or
Ss 96–174 repealed. * * * * * Heading preceding s. 175 amended by No. 8425 s. 2(1)(d). Secret commissions prohibition No. 6103 s. 175. 175 Definitions s. 175 (1) For the purposes of this subdivision— advice given and words to the like effect include every report certificate statement and suggestion intended to influence the person to whom the same may be made or given and every influence exercised by one person over another; S. 175(1) def. of agent amended by Nos 74/2000 s. 3(Sch. 1 item 30.1), 18/2005 s. 18(Sch. 1 item 27.2). agent includes any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any corporation or other person whether as agent partner co-owner clerk servant employee banker broker auctioneer architect clerk of works engineer legal practitioner surveyor buyer salesman foreman trustee executor administrator liquidator trustee within the meaning of any Act relating to bankruptcy receiver director manager or other officer or member of committee or governing body of any corporation club partnership or association or in any other capacity either alone or jointly with any other person and whether in his own name or in the name of his principal or otherwise and a person serving under the Crown; contract includes contract of sale or of employment or any other contract whatever;
No. 6103 s. 184. 184 Protection of witness giving answers criminating himself s. 184 A person who is called as a witness in any proceedings shall not be excused from answering any question relating to any offence under this subdivision on the ground that the answer thereto may criminate or tend to criminate him: Provided that— S. 184(a) amended by No. 57/1989 s. 3(Sch. item 42.6). (a) a witness who in the judgment of the court answers truly all questions which he is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered; and S. 184(b) amended by No. 57/1989 s. 3(Sch. item 42.6). (b) an answer by a person to a question put by or before the court in any proceeding under this subdivision shall not except in the said proceeding or in the case of any criminal proceedings for perjury in respect of such evidence be in any proceeding civil or criminal admissible in evidence against him. No. 6103 s. 185. S. 185 amended by No. 57/1989 s. 3(Sch. item 42.7). 185 Stay of proceedings against such witness When a person has received a certificate as aforesaid and any criminal proceeding is at any time instituted against him in respect of the offence which was in question in the proceeding in which the said person was called as a witness the court having cognizance of the case shall on proof of the certificate and of the identity of the offence in question in the two cases stay the proceedings. No. 6103 s. 186. 186 Custom of itself no defence (1) In any prosecution under this subdivision it shall not amount to a defence to show that any such valuable consideration as is mentioned in this subdivision is customary in any trade or calling.
unauthorised if the person is not entitled to cause the impairment. S. 247I inserted by No. 10/2003 s. 5. 247I Extra-territorial operation of offences s. 247I (1) It is immaterial that some or all of the conduct constituting an offence against this Subdivision occurred outside , so long as the computer or device used to store data by electronic means affected by the conduct was in at the time at which the conduct occurred. (2) It is immaterial that the computer or device used to store data by electronic means affected by some or all of the conduct constituting an offence against this Subdivision was outside at the time the conduct occurred, so long as that conduct occurred in . Pt 1 Div. 3 Subdiv. (7) (Heading and ss 247J–247L) inserted by No. 10/2003 s. 6. (7) Sabotage S. 247J inserted by No. 10/2003 s. 6. 247J Interpretation (1) In this Subdivision— property offence means— (a) an offence against Subdivision (1) of this Division or Division 4; or (b) conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against Subdivision (1) of this Division or Division 4 if the conduct occurred in ; public facility means any of the following (whether publicly or privately owned)—
(b) if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or S. 321P(1)(c) amended by No. 48/1997 s. 60(1)(Sch. 1 item 94(b)). (c) if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum). S. 321P(1A) inserted by No. 41/1993 s. 24, amended by No. 48/1997 s. 60(1)(Sch. 1 item 95(a)(b)). (1A) For the avoidance of doubt, it is declared that if a person is convicted of attempting to commit murder or treason, the person is liable to level 2 imprisonment (25 years maximum). (2) A person convicted under this Division of attempting to commit an offence for which, under another enactment, a penalty is provided that is lower than that provided under subsection (1), the person is liable only to that lower penalty. (3) In this section, a reference to a maximum penalty includes, in relation to an offence against the law of a place outside Victoria, a reference to a maximum penalty (not exceeding life imprisonment) fixed or prescribed by a law of that place and, if a maximum penalty so fixed or prescribed exceeds life imprisonment, is a reference to life imprisonment. S. 321Q inserted by No. 10233 s. 4. 321Q Limitations on prosecution s. 321Q (1) Any provision to which this section applies has the same effect with respect to an offence of attempting to commit an offence as it has with respect to the offence attempted.
serious indictable offence, without lawful authority or reasonable excuse does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of the principal offender shall be guilty of an indictable offence. (2) If, on the trial of any person for a serious indictable offence, the jury are satisfied that the offence charged (or some other serious indictable offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under subsection (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence). S. 325(3) amended by No. 68/2009 s. 97(Sch. item 40.21). (3) A person charged with an offence against subsection (1) may be indicted and convicted together with or before or after the principal offender and whether or not the principal offender is amenable to justice. (4) A person convicted of an offence against subsection (1) shall be liable— S. 325(4)(a) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 65(a)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 96(a)). (a) if the principal offence is one for which the penalty is level 1 imprisonment (life) to level 3 imprisonment (20 years maximum); or (b) in any other case, to imprisonment for a term which is neither—
New s. 337 inserted by No. 9073 s. 2(b). 337 Misprision s. 337 A married person shall not become guilty of misprision by concealing or failing to disclose the commission of an indictable offence by his or her spouse, or by the spouse and another party or parties, nor by concealing or failing to disclose facts which might lead to the apprehension of the spouse, or the spouse and such other or others, in respect of the offence. New s. 338 inserted by No. 9073 s. 2(b), amended by Nos 9228 s. 2(1)(i), 9576 s. 11(1), 19/1987 s. 28. 338 Accessory after the fact A married person shall not become an accessory to any indictable offence by receiving, relieving, comforting or assisting his or her spouse, or the spouse and another person or persons, though with knowledge that the spouse, whether alone or with the other person or persons, has committed an offence and though the purpose of what is done is to enable the spouse, or the spouse and the other person or persons, to escape being apprehended, tried or punished. New s. 339 inserted by No. 9073 s. 2(b). 339 Conspiracy and incitement s. 339 (1) A married person shall be criminally responsible for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) amended by No. 9576 s. 11(1). (3) Nothing in subsection (2) shall affect the liability of a married person as a principal offender in any offence except conspiracy or incitement.
S. 464(2) def. of compulsory procedure inserted by No. 129/1993 s. 6(a). compulsory procedure means the taking of an intimate or non-intimate sample or the conduct of a physical examination; S. 464(2) def. of law inserted by No. 16/2002 s. 5. corresponding law means a law relating to the carrying out of forensic procedures and DNA databases that— s. 464 (a) substantially corresponds to this Subdivision; or (b) is prescribed for the purposes of this definition; S. 464(2) def. of crime scene index inserted by No. 16/2002 s. 5. crime scene index means an index of DNA profiles derived from forensic material found or other material found— (a) at any place (whether within or outside ) where an offence (whether under the law of or of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or (b) on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or (c) on an object or person reasonably believed to have been associated with the commission of the offence; S. 464(2) def. of CrimTrac inserted by No. 32/2007 s. 4(2). CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth;
S. 464(2) def. of dentist inserted by No. 129/1993 s. 6(a), substituted 26/1999 s. 107(Sch. item 1), amended by No. 97/2005 s. 182(Sch. 4 item 14.2(a)), substituted by No. 13/2010 s. 51(Sch. item 17.3(a)). dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); (b) in the dentists division of that profession; S. 464(2) def. of 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 sexual offence inserted by No. 84/1989 s. 4(b), amended by No. 8/1991 s. 6(d), repealed by No. 23/1991 s. 4(c). * * * * * S. 464(2) def. of statistical index inserted by No. 16/2002 s. 5. statistical index means an index of information that— s. 464 (a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and (b) has been compiled for statistical purposes; and (c) cannot be used to discover the identity of persons from whom the forensic material was taken; S. 464(2) def. of suspect inserted by No. 38/1988 s. 5(b), amended by Nos 25/1989 s. 14(a), 72/2004 s. 25. suspect means a person of or above the age of 18 years who— (a) is suspected of having committed an offence; or (b) has been charged with an offence; or (c) has been summonsed to answer to a charge; S. 464(2) def. of suspects index inserted by No. 16/2002 s. 5, amended by No. 27/2006 s. 3(b). suspects index means an index of DNA profiles derived from forensic material taken from suspects in accordance with section 464R, 464T or 464U or under a corresponding law of a participating jurisdiction or taken from persons found not guilty because of mental
impairment in accordance with section 464ZFAAA; S. 464(2) def. of tape recording repealed by No. 27/2006 s. 3(c). * * * * * S. 464(2) def. of 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;
S. 464(2) def. of volunteers (unlimited purposes) index inserted by No. 16/2002 s. 5. volunteers (unlimited purposes) index means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used; 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). (3) The Minister administering the Police Regulation Act 1958 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
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
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— (a) endorse the warrant to that effect; and (b) cause to be lodged with a registrar of the Magistrates' Court a report signed by the member and containing particulars of— (i) the date and time at which the person was arrested; (ii) the date and time at which the person was released from custody; (iii) the date, time and place at which the forensic procedure was conducted; (iv) the name and position of the person who conducted the forensic procedure and every other person present; (v) the type of sample taken; (vi) whether reasonable force was used to enable the forensic procedure to be conducted. S. 464ZFB (Heading) inserted by No. 27/2006 s. 11(1). S. 464ZFB inserted by No. 81/1997 s. 26. 464ZFB Retention of information following finding of guilt etc. s. 464ZFB S. 464ZFB(1) amended by Nos 16/2002 s. 13(1)(a)(b), 14/2006 s. 14(a). (1) If at any time on or after the commencement of section 26 of the Crimes (Amendment) Act S. 464ZFB (1)(a) amended by No. 41/2004 s. 17. (a) a forensic procedure is conducted on a person in accordance with section 464R, 464SA, 464T(3), 464U(7) or 464V(5); and
(3) A sample and any related material and information referred to in subsection (2) must be destroyed— (a) within 28 days after the receipt of the person's notice of withdrawal of consent under subsection (1); or (b) in a case to which subsection (2)(b)(i) applies, immediately after that period of 12 months; or s. 464ZGE (c) in a case to which subsection (2)(b)(ii) applies— (i) within 1 month after the conclusion of the proceedings and the end of any appeal period; or (ii) if the proceedings have been adjourned under section 75 of the Sentencing Act 1991, within 1 month after dismissal under that section. (4) The Chief Commissioner of Police is not required to comply with the requirements in subsections (2) and (3) to destroy or cause to be destroyed a sample and any related material and information by reason of the person's withdrawal of consent if the Magistrates' Court makes an order under section 464ZGF for the retention of that sample and any related material and information. (5) If the Magistrates' Court refuses to make an order under section 464ZGF for the retention of a sample and any related material and information, and a person in accordance with subsection (1) has withdrawn his or her consent to the retention of that sample, the Chief Commissioner of Police must immediately destroy, or cause to be immediately destroyed, the sample given and any related material and information.
(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
retention or use would, but for this subsection, constitute a contravention of a provision of this Subdivision relating to the carrying out of forensic procedures. (3) Forensic material taken, or information obtained from it, in accordance with a law of the Commonwealth, another State or a Territory as in force immediately before the commencement of section 16 of the Crimes (DNA Database) Act 2002, may be retained or used for investigative, evidentiary or statistical purposes even if its retention or use would, but for this subsection, constitute a contravention of a provision of this Subdivision relating to the carrying out of forensic procedures. Heading inserted by No. 16/2002 s. 4(c). General S. 464ZH (Heading) inserted by No. 13/2010 s. 51(Sch. item 17.11). S. 464ZH inserted by No. 129/1993 s. 7, amended by Nos 81/1997 s. 29(1)(a)–(d), 13/2010 s. 51(Sch. item 17.12). 464ZH Immunity of medical practitioners, nurses, midwives, dentists and other persons s. 464ZH No action lies against a medical practitioner or nurse or midwife or dentist or a person authorised under section 464Z or a person assisting the medical practitioner, nurse, midwife, dentist or person in respect of anything properly and necessarily done by the medical practitioner, nurse, midwife, dentist or person in the course of conducting any forensic procedure which the medical practitioner, nurse, midwife, dentist or person believes on reasonable grounds— S. 464ZH(a) inserted by No. 81/1997 s. 29(1)(d), substituted by No. 41/2004 s. 19. (a) was requested to be conducted on another person under this Subdivision in accordance with— (i) a request of a member of the police force given under section 464R; or
(ii) an authorisation given by a senior police officer under section 464SA; or (iii) an order made by a court under this Subdivision; or S. 464ZH(b) inserted by No. 81/1997 s. 29(1)(d). (b) was consented to by a person in accordance with sections 464ZGB to 464ZGD. S. 464ZI inserted by No. 129/1993 s. 7, amended by No. 41/2004 s. 20 (ILA s. 39B(1)). 464ZI Supreme Court—limitation of jurisdiction s. 464ZI (1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary— (a) to prevent the bringing before the Supreme Court of an action seeking to permit an application under section 464M(1), 464T(1), 464U(3) or 464V(2) being conducted otherwise than in accordance with the procedure expressed to be required by this Act; and (b) to prevent the bringing before the Supreme Court of an action of a kind referred to in section 464ZH. S. 464ZI(2) inserted by No. 41/2004 s. 20. (2) It is the intention of section 464ZH as amended by section 19 of the Crimes (Amendment) Act 2004 to alter or vary section 85 of the Constitution Act 1975. S. 464ZJ inserted by No. 129/1993 s. 7. 464ZJ Regulations (1) The Governor in Council may make regulations for or with respect to— (a) accreditation of experts giving forensic evidence in a court; and (b) testing of the proficiency of experts in conducting procedures about which an expert gives forensic evidence; and
No. 6103 s. 466. S. 466 amended by Nos 25/1989 s. 15(a)(b), 57/1989 s. 3(Sch. item 42.58(a)(b)). 466 Justice may issue warrant to search for gunpowder Where any credible person on oath before a magistrate shows reasonable cause to suspect that a person named or described has in his possession or on his premises any machine or implement or gunpowder or other explosive dangerous or noxious substance or things suspected to be made or kept or carried for the purpose of committing any of the felonies in Division one or three of Part I, the magistrate may grant a warrant to search for the same by day or by night. S. 467 repealed by No. 25/1989 s. 16. * * * * * Ss 468, 469 repealed by No. 25/1989 s. 9. * * * * * cf. [1819] 60 George III, and 1 George IV, c. VIII ss 1, 2, 4, 8. (Criminal Libel Act 1819.) S. 469AA inserted by No. 9407 s. 2(f). 469AA Seizure and destruction of documents containing libel s. 466 (1) Upon the conviction of any person for— (a) publishing a blasphemous libel; or (b) publishing a seditious libel— the Court by which such conviction is recorded may order the seizure and destruction of any documents proved to exist and to contain any such libel or to have been written, printed or published in breach of the said section. (2) Any such order shall be carried into execution not earlier than thirty days from the making thereof or at such time as a court of competent jurisdiction may order.
(c) does not return to prison upon being informed by an officer of the Office of Corrections or a member of the police force that the instrument authorizing the absence has been revoked— 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 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. S. 494 repealed by No. 9554 s. 2(1)(Sch. 1 item 7). * * * * * Pt 3 Div. 2 Subdiv. (4) (Heading) repealed by No. 65/1997 s. 82(2)(c). * * * * * Ss 495–497 repealed. * * * * *
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.
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. 520 amended by Nos 7876 s. 8(3), 10084 s. 10(a)–(c), repealed by No. 10260 s. 114(Sch. 4 item 5). * * * * *
S. 2. FIRST SCHEDULE Sch. 1 Number of Act Title of Act Extent of Repeal 6103 Crimes Act 1957 The whole 6166 Crimes (Amendment) Act 1957 The whole 6167 Crimes (Parole Board) Act 1957 The whole _______________ Sch. 2 repealed by No. 6958 s. 8(4)(d). * * * * * Sch. 3 substituted by No. 9848 s. 18(1), amended by No. 43/1994 s. 56(Sch. item 1.8), repealed by No. 7/2009 s. 422(5) (as amended by No. 68/2009 s. 54(h)). * * * * *
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: 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: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Abolition of Obsolete Offences Act 1969, No. 7884/1969 Assent Date: 2.12.69 Commencement Date: 2.12.69 : All of Act in operation Legal Aid Act 1969, No. 7919/1969 Assent Date: 16.12.69 Commencement Date: All of Act (except Pt 1) on 1.6.70: Government Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70 p. 3073 : All of Act in operation Crimes (Amendment) Act 1970, No. 7994/1970
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
Criminal Appeal Rules 1965, S.R. No. 144/1965 (as amended by S.R. No. 75/1987) Date of Making: 6.7.65 Date of Commencement: 1.2.66: reg. 1(1) Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes