Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3. (8B) Incest S. 44 substituted by No. 8/1991 s. 3. 44 Incest S. 44(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (1) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her child or other lineal descendant or his or her step-child. Level 2 imprisonment (25 years maximum). S. 44(1A) inserted by No. 52/2014 s. 13(1). (1A) The baseline sentence for an offence under subsection (1) is 10 years if the court is satisfied beyond reasonable doubt that the victim was, at the time of the offence, under the age of 18. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(1B) inserted by No. 52/2014 s. 13(1). (1B) The circumstance described in subsection (1A)— (a) is to be determined by the jury if the accused pleads not guilty to the offence; and (b) is to be determined by the trial judge if the accused pleads guilty to the offence.
S. 45(4)(c) amended by No. 2/2006 s. 9(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child. S. 45(4A) inserted by No. 2/2006 s. 9(2). (4A) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. S. 45(5) amended by No. 68/2009 s. 97(Sch. item 40.3). (5) A circumstance of aggravation described in subsection (2) is not an element of an offence against subsection (1) but must be stated in the indictment. (6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the trial may do so by pleading not guilty to the offence with which he or she is charged even if he or she does not take issue with any acts, facts, matters or circumstances relied upon by the prosecution to support a finding of guilt. (7) A circumstance of aggravation described in subsection (2)— (a) is to be determined by the jury if the accused pleads not guilty to the offence; and (b) is to be determined by the trial judge if the accused pleads guilty to the offence. (8) An offender who pleads not guilty to an offence against subsection (1) is to be taken to have pleaded guilty to the offence for the purposes of section 5(2)(e) of the Sentencing Act 1991 if— (a) he or she— (i) took issue with a circumstance of aggravation described in subsection (2); and
(c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach; (h) the child's counsellor; (i) the child's health professional; S. 48(4)(j) amended by No. 37/2014 s. 10(Sch. item 36.4). (j) a police officer acting in the course of his or her duty in respect of the child; S. 48(4)(k) amended by No. 8/2008 s. 22(1). (k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child. S. 49 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 26), substituted by No. 2/2006 s. 13. 49 Indecent act with 16 or 17 year old child (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 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority. Level 6 imprisonment (5 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds— (a) that the child was aged 18 or older; or (b) that he or she was married to the child.
of persons with a cognitive impairment and includes a residential facility; S. 50(1) def. of impaired repealed by No. 2/2006 s. 15(b). * * * * * indecent act does not include an act done in the course of an appropriate and generally accepted medical, therapeutic or hygienic procedure; S. 50(1) def. of intellectual disability amended by No. 23/2006 s. 236(1). intellectual disability has the same meaning as in the Disability Act 2006; S. 50(1) def. of resident repealed by No. 2/2006 s. 15(b). * * * * * S. 50(1) def. of residential facility amended by Nos 98/1995 s. 65(Sch. 1 item 3), 49/2010 s. 227(a), 26/2014 s. 455(Sch. item 7.1). residential facility means— (a) a designated mental health service within the meaning of the Mental Health Act 2014; or (b) premises operated by any person or body (government or non-government) wholly or substantially for the purpose of providing residential services to intellectually disabled people; (c) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010;
(b) with the intention that that person should marry, or take part in an act of sexual penetration with, another person. Level 5 imprisonment (10 years maximum). S. 56 substituted by No. 8/1991 s. 3. 56 Abduction of child under the age of 16 S. 56(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 33). (1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum). S. 56(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 69/1997 s. 22(2). (2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person. Level 6 imprisonment (5 years maximum). S. 57 substituted by No. 8/1991 s. 3. 57 Procuring sexual penetration by threats or fraud S. 57(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 11), 48/1997 s. 60(1)(Sch. 1 item 34(a)). (1) A person must not by threats or intimidation procure a person to take part in an act of sexual penetration. Level 5 imprisonment (10 years maximum).
(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or S. 60B(2)(a)(iii) substituted by No. 56/2005 s. 7(a). (iii) an offence against section 19 of the Summary Offences Act 1966; or S. 60B(2)(a)(iv) amended by No. 90/1995 s. 86, substituted by No. 22/1996 s. 7. (iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or S. 60B(2)(a)(v) inserted by No. 22/1996 s. 7. (v) an offence against— (A) section 60A of the Classification of Films and Publications Act 1990; or (B) section 168A, 168B or 168C of the Police Offences Act 1958— as in force at any time before its repeal; and (b) is found loitering without reasonable excuse in or near— S. 60(2)(b)(i) substituted by No. 80/2011 s. 79(Sch. item 3.1). (i) a school, a children's services centre or an education and care service premises; or S. 60B(2)(b)(ii) amended by No. 56/2005 s. 7(b). (ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering— is guilty of an offence.
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 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). Pt 1 Div. 1 Subdiv. (13) (Heading and ss 68, 69) amended by No. 7577 s. 3(a)(b), repealed by No. 9509 s. 6, new Pt 1 Div. 1 Subdiv. (13) (Heading and ss 67A–70) inserted by No. 90/1995 s. 88. (13) Child pornography S. 67A inserted by No. 90/1995 s. 88. 67A Definitions In this Subdivision—
S. 67A def. of data storage device inserted by No. 42/2015 s. 3. data storage device has the meaning given by section 247A(1); S. 67A def. of deal inserted by No. 42/2015 s. 3. deal, in relation to child pornography, includes any of the following— (a) viewing, uploading or downloading child pornography; (b) making child pornography available for viewing, uploading or downloading; (c) facilitating the viewing, uploading or downloading of child pornography; film has the same meaning as in the Commonwealth Act; S. 67A def. of law enforcement agency amended by Nos 52/2003 s. 52(Sch. 1 item 1), 37/2014 s. 10(Sch. item 36.5). law enforcement agency means— (a) Victoria Police or the police force or police service of any other State or of the Northern Territory of Australia; or (b) the Australian Federal Police; or (c) the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or (d) any other authority or person responsible for the enforcement of the laws of— (i) or any other State; or (ii) the Commonwealth; or (iii) the of ; minor means a person under the age of 18 years; photograph includes a photocopy or other reproduction of a photograph;
(d) modified the operation of the website so that it could not be used to deal with child pornography. (6) Subsection (1) does not apply to conduct engaged in by a person in good faith— (a) in the course of official duties of the person— (i) connected with the administration of the criminal justice system including the investigation or prosecution of offences; or (ii) as an employee of the Department of Justice and Regulation who is authorised to engage in that conduct by the Secretary to that Department; or (b) for a genuine medical, scientific or educational purpose. (7) Subsection (1) does not apply to any dealing with a film, publication or computer game that, at the time of being dealt with, was classified other than RC or would, if classified, have been classified other than RC. (8) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria or that a computer or device used in connection with administering the website was outside Victoria, so long as— (a) the person using the website to deal with child pornography was in Victoria; or (b) the computer or device used to deal with child pornography was in Victoria.
S. 73(15) inserted by No. 20/2015 s. 22. (15) In this section— motor vehicle includes vessel, whether or not the vessel is powered by a motor; vessel has the same meaning as in the Marine Safety Act 2010. Heading preceding s. 74 inserted by No. 8425 s. 2(1)(b). Theft, robbery, burglary, &c. S. 74 amended by No. 8280 s. 8, substituted by No. 8425 s. 2(1)(b), amended by Nos 9576 s. 11(1), 36/1988 s. 4(a). 74 Theft S. 74(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 52). (1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 74(2) inserted by No. 36/1988 s. 4(b). (2) Section 80A applies as if the reference in that section to sections 81–87 (both inclusive) were a reference to this section.
S. 74A inserted by No. 9/2008 s. 10, amended by No. 37/2014 s. 10(Sch. item 36.6), repealed by No. 27/2011 s. 5. * * * * * S. 74AA inserted by No. 44/2015 s. 9. 74AA Theft of firearm (1) A person must not steal a firearm. Penalty: 1800 penalty units or 15 years imprisonment. (2) For the purposes of subsection (1)— firearm has the same meaning as in section 3(1) of the Firearms Act 1996. S. 75 substituted by No. 8425 s. 2(1)(b). 75 Robbery S. 75(1) amended by No. 9323 s. 2(a). (1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force. S. 75(2) amended by Nos 9048 s. 3, 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 53). (2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
S. 76(3) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 42), 48/1997 s. 60(1)(Sch. 1 item 55). (3) A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 77 substituted by No. 8425 s. 2(1)(b). 77 Aggravated burglary S. 77(1) amended by Nos 9008 s. 2(1) (Sch. item 2(a)), 9048 s. 4(a)(b), 9323 s. 2(b), 66/1996 s. 201(2), substituted by No. 48/1997 s. 54. (1) A person is guilty of aggravated burglary if he or she commits a burglary and— (a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or (b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present. S. 77(1A) inserted by No. 48/1997 s. 54. (1A) For the purposes of subsection (1)— explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose; firearm has the same meaning as in the Firearms Act 1996; imitation explosive means any article which might reasonably be taken to be or to contain an explosive;
indictable offence and shall be liable to level 4 imprisonment (15 years maximum). S. 80(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 31), 48/1997 s. 60(1)(Sch. 1 item 58(b)). (2) A person who without lawful excuse, by force or violence or threat of force or violence or by any trick of false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice of the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum). Heading preceding s. 80A inserted by No. 8425 s. 2(1)(b). Fraud and blackmail S. 80A inserted by No. 36/1988 s. 5. 80A Extra-territorial offences (1) If— (a) a person does, or omits to do, an act or thing referred to in sections 81–87 (both inclusive) outside, or partly outside, ; and (b) there is a real and substantial link within the meaning of subsection (2) between doing, or omitting to do, the act or thing and — those sections apply to the act or thing or the omission as if it had been done, or omitted to be done, wholly within . (2) For the purposes of subsection (1), there is a real and substantial link with — (a) if a significant part of the conduct relating to, or constituting the doing of the act or thing, or the omission, occurred in ; or
S. 85 amended by No. 7876 s. 2(3), substituted by No. 8425 s. 2(1)(b). 85 False statements by company directors etc. S. 85(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 33), 48/1997 s. 60(1)(Sch. 1 item 63). (1) Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or deceptive in a material particular, he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it. (3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connexion with his functions of management as if he were an officer of the body corporate or association.
S. 87 substituted by No. 8425 s. 2(1)(b). 87 Blackmail (1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is proper means of reinforcing the demand. (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. S. 87(3) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 41), 48/1997 s. 60(1)(Sch. 1 item 65). (3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). Heading preceding s. 88 inserted by No. 8425 s. 2(1)(b). Offences relating to goods stolen, &c. S. 88 substituted by No. 8425 s. 2(1)(b), amended by No. 70/1987 s. 5(a)(b). 88 Handling stolen goods S. 88(1) amended by No. 59/2004 s. 3. (1) A person handles stolen goods if knowing or believing them to be stolen goods he dishonestly receives the goods or brings them into , or dishonestly undertakes or assists in bringing them
into or in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so. S. 88(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 40), 48/1997 s. 60(1)(Sch. 1 item 66). (2) A person guilty of handling stolen goods is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 88(3) inserted by No. 9073 s. 2(a). (3) Where a married woman handles stolen goods, the fact that the person from whom she receives the goods is her husband shall not of itself constitute a defence to a charge under this section. S. 88A (Heading) amended by No. 68/2009 s. 97(Sch. item 40.6) S. 88A inserted by No. 59/2004 s. 4. 88A Alternative charges of theft and handling stolen goods If— S. 88A(a) amended by No. 68/2009 s. 97(Sch. item 40.7). (a) a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same indictment as alternative charges and tried together; and (b) the jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of— the jury must acquit the accused of handling stolen goods and find the accused guilty of theft and the accused is liable to punishment accordingly.
No. 6103 s. 176. 176 Receipt or solicitation of secret commission by an agent an indictable offence (1) Whosoever being an agent corruptly receives or solicits from any person for himself or for any other person any valuable consideration— (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (b) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business; or S. 176(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988 s. 8(a)(i)–(iii), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68). (2) Whosoever corruptly gives or offers to any agent any valuable consideration— (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (b) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business— shall be guilty of an indictable offence, and shall— be liable if a corporation to a level 5 fine and if any other person to level 5 imprisonment (10 years maximum) or a level 5 fine or both.
S. 182(b) repealed by No. 36/1988 s. 8(f)(iii). * * * * * S. 183 repealed by No. 10260 s. 114(Sch. 4 item 4). * * * * * No. 6103 s. 184. 184 Protection of witness giving answers criminating himself 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
(4) For the purposes of this subdivision property of a corporation sole shall be treated as belonging to the corporation notwithstanding a vacancy in the corporation. S. 197 repealed by No. 9228 s. 2(1)(c), new s. 197 inserted by No. 9228 s. 2(1)(d). 197 Destroying or damaging property S. 197(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(a)), 48/1997 s. 60(1)(Sch. 1 item 70(a)). (1) A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). S. 197(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(b)), 48/1997 s. 60(1)(Sch. 1 item 70(b)). (2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 197(3) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 70(c)). (3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (4) For the purposes of subsections (1) and (2) a person who destroys or damages property shall be taken as doing so intentionally if, but only if— (a) his purpose or one of his purposes is to destroy or damage property; or
S. 246 repealed by No. 9228 s. 2(1)(c). * * * * * Pt 1 Div. 3 Subdiv. (15A) (Heading) inserted by No. 7088 s. 2(d), repealed by No. 9228 s. 2(1)(c). * * * * * New Pt 1 Div. 3 Subdiv. (4) (Heading) inserted by No. 9228 s. 2(1)(g). (4) Injuries to aircraft S. 246A inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 79). 246A Endangering safe operation of an aircraft Any person who does any act or thing with intent to prejudice the safe operation of an aircraft shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 246B inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 53), 48/1997 s. 60(1)(Sch. 1 item 80). 246B Setting fire etc. to aircraft Any person who unlawfully and maliciously sets fire to or in any way destroys any aircraft whether complete or incomplete shall be guilty of an indictable offence and shall be liable to level 4 imprisonment (15 years maximum).
S. 246C inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 81). 246C Endangering safety of aircraft Any person who while on board an aircraft does any act or thing that is likely to endanger the safety of the aircraft shall be guilty of an indictable offence and shall be liable to level 5 imprisonment (10 years maximum). S. 246D inserted by No. 7088 s. 2(d). 246D Dangerous goods on aircraft S. 246D(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 82). (1) Subject to this section any person who— (a) carries or places dangerous goods on board an aircraft; (b) delivers dangerous goods to a person for the purpose of their being placed on board an aircraft; or (c) has dangerous goods in his possession on board an aircraft— shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum). (2) This section does not apply— (a) to or in relation to any act done with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or (b) to or in relation to the carrying or placing of firearms or ammunition for firearms on board an aircraft with permission granted under the Air Navigation Regulations of the Commonwealth.
(3) In this section dangerous goods means— (a) firearms, ammunition, weapons and explosive substances; and (b) substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft. S. 246E inserted by No. 7088 s. 2(d), amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 82). 246E Threats to safety of aircraft Any person who threatens, states that it is his intention, or makes a statement from which it could reasonably be inferred that it is his intention to destroy damage or endanger the safety of an aircraft or to kill or injure all or any of the persons on board an aircraft shall be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). Pt 1 Div. 3 Subdiv. (15B) (Heading) inserted by No. 9155 s. 4(a), repealed by No. 9228 s. 2(1)(c). * * * * * S. 246F inserted by No. 7088 s. 2(d), substituted by No. 9155 s. 4(b), repealed by No. 9228 s. 2(1)(c). * * * * *
Pt 1 Div. 3 Subdiv. (6) (Heading and ss 247A–247I) inserted by No. 10/2003 s. 5. (6) Computer offences S. 247A inserted by No. 10/2003 s. 5. 247A Interpretation (1) In this Subdivision— access, in relation to data held in a computer, means— (a) the display of the data by the computer or any other output of the data from the computer; or (b) the copying or moving of the data to any other place in the computer or to a data storage device; or (c) in the case of a program, the execution of the program; data includes— (a) information in any form; and (b) any program or part of a program; data held in a computer includes— (a) data entered or copied into the computer; and (b) data held in any removable data storage device for the time being in the computer; and (c) data held in a data storage device on a computer network of which the computer forms part; data storage device means any thing (for example, a disk or file server) containing or designed to contain data for use by a computer;
(4) The means by which authorisation or permission as required by section 254(1)(b)(ii) may be established include— (a) proving that an officer of the body corporate gave that authorisation or permission; or (b) proving that the body corporate's board of directors gave that authorisation or permission; or (c) proving that a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the relevant conduct being carried out. (5) Subsection (4)(a) does not apply if the body corporate proves that it exercised due diligence to prevent the authorisation or permission being given. (6) Factors relevant to the application of subsection (1)(c)(iii) or (4)(c) include— (a) whether authority to commit an offence against section 254 or an offence of a similar character had been given by an officer of the body corporate; and (b) whether the associate of the body corporate who carried out the relevant conduct or formed the relevant intention believed on reasonable grounds, or entertained a reasonable expectation, that an officer of the body corporate would have authorised or permitted the relevant conduct being carried out with the relevant intention. (7) Subject to subsection (8), it is not necessary that each element of an offence against section 254 that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.
S. 316(4) amended by No. 57/1989 s. 3(Sch. item 42.15). (4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime. Division 8—Offences connected with explosive substances No. 6103 s. 317. 317 Offences connected with explosive substances (1) In this Division unless inconsistent with the context or subject-matter— S. 317(1) def. of explosive substance amended by No. 25/2009 s. 4(1)(a). explosive substance includes— (a) any material for making any explosive substance; (b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and (c) any part of any such apparatus machine or implement; S. 317(1) def. of public place inserted by No. 25/2009 s. 4(1)(b). public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; S. 317(1) def. of vehicle inserted by No. 25/2009 s. 4(1)(b). vehicle includes motor vehicle, aircraft and vessel.
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(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. 319H inserted by No. 8/2014 s. 35. 319H Person subject to order under section 319D may apply for variation, suspension or revocation of order (1) A person who is subject to an order under section 319D may apply to the court that made the order for the variation, suspension or revocation of the order. (2) An application under subsection (1) may be made no earlier than 12 months after the order is made. S. 319I inserted by No. 8/2014 s. 35. 319I Power of court to vary etc. order under section 319D (1) On application under section 319H, the court may by order— (a) vary an order under section 319D as specified, and from the date specified, in the order; or (b) suspend the order, from the date specified in the order, for a specified period; or (c) revoke the order; or (d) refuse the application. (2) In making an order under subsection (1), the court may have regard to any one or more of the following matters— (a) the applicant's character; (b) the applicant's conduct since the order under section 319D was made; (c) the nature of the offence or offences (if any) on which that order was based; (d) any other relevant circumstances.
S. 321O inserted by No. 10233 s. 4. 321O Attempts to commit offence outside (1) A person in who attempts to commit in another State or in a Territory an offence which, if committed in whole or in part in , would be an indictable offence against the law of is guilty of the indictable offence of attempting to commit that offence. (2) A person outside who attempts to commit an indictable offence in is guilty of the indictable offence of attempting to commit that offence. (3) In subsection (1), Territory means the , the or the . S. 321P inserted by No. 10233 s. 4. 321P Penalties for attempt S. 321P(1) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 64). (1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table: S. 321P(1)(a) Table substituted by Nos 48/1997 s. 60(1)(Sch. 1 item 94(a)), 69/1997 s. 23. TABLE Column 1 Column 2 Level 1 imprisonment (life) Level 2 imprisonment (25 years maximum) Level 2 imprisonment (25 years maximum) Level 3 imprisonment (20 years maximum) Level 2 fine (3000 penalty units maximum) Level 3 fine (2400 penalty units maximum) Level 3 imprisonment (20 years maximum) Level 4 imprisonment (15 years maximum) Level 3 fine (2400 penalty units maximum) Level 4 fine (1800 penalty units maximum) Level 4 imprisonment (15 years maximum) Level 5 imprisonment (10 years maximum)
S. 322R inserted by No. 63/2014 s. 4. 322R Sudden or extraordinary emergency (1) A person is not guilty of an offence in respect of conduct that is carried out in circumstances of sudden or extraordinary emergency. (2) This section applies if— (a) the person reasonably believes that— (i) circumstances of sudden or extraordinary emergency exist; and (ii) the conduct is the only reasonable way to deal with the emergency; and (b) the conduct is a reasonable response to the emergency. (3) This section only applies in the case of murder if the person believes that the emergency involves a risk of death or really serious injury. S. 322S inserted by No. 63/2014 s. 4. 322S Abolition of necessity at common law The defence at common law of necessity is abolished. Division 5—Intoxication S. 322T inserted by No. 63/2014 s. 4. 322T Intoxication (1) In this section— defence includes self-defence, duress and sudden or extraordinary emergency; intoxication means intoxication because of the influence of alcohol, a drug or any other substance. (2) If any part of a defence to an offence relies on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated.
(6) In this section, serious indictable offence means an indictable offence which, by virtue of any enactment, is punishable on first conviction with imprisonment for life or for a term of five years or more. Pt 2 Div. 1 Subdiv. (4) (Heading) inserted by No. 9576 s. 4(1). (4) Concealers of offences S. 326 substituted by No. 9576 s. 4(1). 326 Concealing offences for benefit S. 326(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 66), 48/1997 s. 60(1)(Sch. 1 item 97(a)(b)). (1) Where a person has committed a serious indictable offence, any other person who, knowing or believing that the offence, or some other serious indictable offence, has been committed and that he has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts any benefit for not disclosing that information shall be guilty of a summary offence and liable to level 8 imprisonment (1 year maximum). (2) Notwithstanding anything to the contrary in subsection (1), it is no offence against this section to fail to disclose the commission of any offence against— (a) Division 2 of Part I; or (b) subdivision (1), (2) or (3) of Division 3 of Part I— if the only benefit accepted in return for failing to disclose the commission of the offence is the making good of any loss or injury caused by its commission or the making of reasonable compensation for any such loss or injury.
New s. 339 inserted by No. 9073 s. 2(b). 339 Conspiracy and incitement (1) A married person shall be criminally responsible for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) amended by No. 9576 s. 11(1). (3) Nothing in subsection (2) shall affect the liability of a married person as a principal offender in any offence except conspiracy or incitement. Ss 340–350 repealed by No. 8338 s. 5. * * * * * Pt 2A (Heading and ss 340–345) inserted by No. 70/1987 s. 4. New s. 340 inserted by No. 70/1987 s. 4. 340 Definitions (1) In this Part— S. 340(1) def. of appropriate authority amended by No. 37/2014 s. 10(Sch. item 36.10(a)). appropriate authority means— (a) in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force or police service of that State or Territory functions
reciprocating State means another State, or a Territory, of the Commonwealth— (a) in which a corresponding law is in force; and (b) in relation to which arrangements are in force under section 344; search warrant means a warrant under this Part authorising a search of premises. (2) For the purposes of this Part— (a) anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed; or (b) anything that may afford evidence of the commission of an offence; or (c) anything intended to be used for the purpose of committing an offence— is an object relevant to the investigation of the offence. (3) The Governor in Council may, by proclamation published in the Government Gazette, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law. New s. 341 inserted by No. 70/1987 s. 4. 341 Issue of search warrant S. 341(1) amended by No. 37/2014 s. 10(Sch. item 36.11). (1) If, upon the application of a police officer, a magistrate is satisfied that there are reasonable grounds to believe— (a) that an offence to which this Part applies has been, or is intended to be, committed; and
Pt 3 Div. 1 Subdiv. (29A) (Heading and s. 456AA) inserted by No. 129/1993 s. 4 (as amended by No. 33/1994 s. 27(5)). (29A) Giving name and address on demand S. 456AA inserted by No. 129/1993 s. 4 (as amended by No. 33/1994 s. 27(5)). 456AA Requirement to give name and address S. 456AA(1) amended by No. 37/2014 s. 10(Sch. item 36.12(a)). (1) A police officer may request a person to state his or her name and address if the police officer believes on reasonable grounds that the person— (a) has committed or is about to commit an offence, whether indictable or summary; or (b) may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed. S. 456AA(2) amended by No. 37/2014 s. 10(Sch. item 36.12(b)). (2) A police officer who makes a request under subsection (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence. S. 456AA(3) amended by Nos 69/1997 s. 22(13), 37/2014 s. 10(Sch. item 36.12(b)). (3) A person who, in response to a request made by a police officer in accordance with this section— (a) refuses or fails to comply with the request; or (b) states a name that is false in a material particular; or
(c) states an address other than the full and correct address of his or her ordinary place of residence or business— is guilty of a summary offence punishable on conviction by a level 11 fine (5 penalty units maximum). S. 456AA(4) amended by No. 37/2014 s. 10(Sch. item 36.12(c)). (4) A person who is requested by a police officer under subsection (1) to state his or her name and address may request the member to state, orally or in writing, his or her name, rank and place of duty. S. 456AA(5) amended by Nos 69/1997 s. 22(13), 37/2014 s. 10(Sch. item 36.12(d)(i)). (5) A police officer who, in response to a request under subsection (4)— (a) refuses or fails to comply with the request; or (b) states a name or rank that is false in a material particular; or S. 456AA(5)(c) amended by No. 37/2014 s. 10(Sch. item 36.12(d)(ii)). (c) states as his or her place of duty an address other than the name of the police station which is the police officer's ordinary place of duty; or (d) refuses to comply with the request in writing if requested to do so— is guilty of a summary offence punishable on conviction by a level 11 fine (5 penalty units maximum). Pt 3 Div. 1 Subdiv. (29B) (Heading and ss inserted by No. 120/1993 s. 79, repealed by No. 30/1997 s. 6. * * * * *
S. 464(2) def. of authorised person inserted by No. 25/1989 s. 11(a), repealed by No. 23/1991 s. 8(1)(a), new def. of authorised person inserted by No. 23/1991 s. 8(1)(b). authorised person means a person appointed as an authorised person under subsection (3); 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— (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
S. 464(2) def. of forensic material inserted by No. 16/2002 s. 5. forensic material means any material— (a) from which a DNA profile may be derived; and (b) which is obtained from samples taken or procedures conducted in accordance with this Subdivision— but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken; S. 464(2) def. of forensic procedure inserted by No. 129/1993 s. 6(b). forensic procedure means the taking of a sample from any part of the body, whether an intimate or non-intimate sample or any other type of sample, or the conduct of any procedure on or physical examination of the body but does not include the taking of a fingerprint;
S. 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)), amended by No. 59/2015 s. 25(b). held in a prison, police gaol, youth justice centre or youth residential centre means— (a) deemed by section 6A of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or (b) deemed by section 6D 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(2) def. of intimate sample inserted by No. 129/1993 s. 6(c). intimate sample means— (a) a blood sample; (b) a sample of pubic hair, including the root if required;
S. 464(2) def. of mental impairment inserted by No. 23/1991 s. 4(a). mental impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury; S. 464(2) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 17.3(d)). midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; S. 464(2) def. of missing persons index inserted by No. 16/2002 s. 5. missing persons index means an index of DNA profiles, derived from forensic material, of— (a) persons who are missing; and (b) volunteers who are relatives by blood of missing persons; S. 464(2) def. of National Criminal Investigation DNA Database inserted by No. 32/2007 s. 4(2). National Criminal Investigation DNA Database means the DNA database system that— (a) is known as the National Criminal Investigation DNA Database; and (b) is managed by the Commonwealth; S. 464(2) def. of NCIDD inserted by No. 32/2007 s. 4(2). NCIDD means the National Criminal Investigation DNA Database; S. 464(2) def. of non-intimate part of the body inserted by No. 129/1993 s. 6(e). non-intimate part of the body means any part of the body other than an intimate part;
S. 464B(1)(b) amended by Nos 86/2000 s. 4(1)(c), 72/2013 s. 4(1). (b) reasonably suspected of having committed an offence (being, in the case of an application in respect of a child, an indictable offence), whether in Victoria or elsewhere, other than the offence for which he or she is being held— be delivered into the custody of the investigating official for the purpose of questioning or investigation in respect of the first-mentioned offence. (2) An application under subsection (1) must— (a) be in writing; and (b) state the grounds on which the application is made; and S. 464B(2)(c) amended by No. 86/2000 s. 4(2)(a). (c) be served on the person who is the subject of the application by delivering a true copy of the application— (i) to the person personally; or S. 464B(2) (c)(ii) substituted by No. 86/2000 s. 4(2)(b). (ii) to the person in charge of the place where the person is being held or detained. S. 464B(3) amended by Nos 56/1989 s. 286(Sch. 2 item 7.6), 86/2000 s. 4(3). (3) At any time after the filing of an application under subsection (1), the Magistrates' Court or Children's Court (as the case may be) may order that the person who is the subject of the application be brought before the court for the hearing of the application under subsection (1). (4) While an order made under subsection (3) is being carried out, the person is to be taken to be in the legal custody of the person acting under the order.
S. 464N inserted by No. 38/1988 s. 4, amended by Nos 25/1989 ss 11(d), 12(1)(2), 14(c)(d), 56/1989 s. 286(Sch. 2 items substituted by No. 129/1993 s. 7. 464N Taking of fingerprints S. 464N(1) inserted by No. 41/2004 s. 4(1). (1) Fingerprints may be taken by means of a device to obtain a record of the fingerprints (a fingerscan) or by any other means. S. 464N(2) amended by Nos 41/2004 s. 4(2), 37/2014 s. 10(Sch. item 36.24). (2) If— (a) fingerprints are to be taken in accordance with a court order; or (b) reasonable force is to be used to take fingerprints— a person of the same sex as the person to be fingerprinted must, if practicable, take the fingerprints and a police officer involved in investigating the offence for which the fingerprints are required must not, if practicable, take the fingerprints. S. 464NA inserted by No. 35/2002 s. 3. 464NA Fingerscanning for identification purposes S. 464NA(1) repealed by No. 41/2004 s. 5(1). * * * * *
transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record forthwith. (3) If— S. 464S(3)(a) amended by No. 48/2006 s. 42(Sch. item 9.3). (a) a person is held in a prison, police gaol or youth justice centre or in an institution within the meaning of section 56 of the Corrections Act 1986; and (b) within 24 hours after the giving of the information referred to in subsection (1) the person refuses or fails to consent to the request to undergo a forensic procedure— the person is to be taken as having refused consent. S. 464SA inserted by No. 41/2004 s. 12. 464SA Senior police officer may authorise non-intimate compulsory procedure for certain adults (1) In this section and section 464SB, non-intimate compulsory procedure means the taking of a nonintimate sample or the conduct of a physical examination of a non-intimate part of the body. (2) A senior police officer who is not involved in investigating the offence for which the compulsory procedure is required may authorise the conduct of a non-intimate compulsory procedure on a person if the senior police officer is satisfied that—
(i) material reasonably believed to be from the body of a person who committed the offence has been found— (A) at the scene of the offence; 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; or (ii) there are reasonable grounds to believe that, because of the nature of the offence or injuries inflicted during the commission of the offence, material from the body or clothing of the victim is present— (A) on the person who committed the offence or on anything reasonably believed to have been worn or carried by that person when the offence was committed; or (B) on an object reasonably believed to have been associated with the commission of the offence; and (d) in the case of an application to take a sample or washing from the skin to determine the presence of gunshot residue, a firearm was discharged during the commission of the offence; and (e) in the case of an application to conduct a physical examination, the person who committed the offence had distinguishing marks or injuries, whether acquired during
(3) For the purposes of a forensic procedure under this Subdivision— S. 464Z(3)(a) amended by Nos 81/1997 s. 19(2), 13/2010 s. 51(Sch. item 17.6(a)). (a) an intimate sample (other than a dental impression) or a physical examination of an intimate part of the body may only be taken or conducted by a medical practitioner or nurse or midwife of the same sex, if practicable, as the person from whom the sample is to be taken or who is to be examined; (b) a dental impression may only be taken by a dentist; S. 464Z(3)(c) amended by Nos 81/1997 s. 19(2), 16/2002 s. 7(3), 13/2010 s. 51(Sch. item 17.6(b)). (c) a non-intimate sample or a physical examination of a non-intimate part of the body may be taken or conducted by a medical practitioner or nurse, or midwife or a person authorised in accordance with subsection (1). S. 464Z(3AA) inserted by No. 41/2004 s. 13(1), amended by No. 37/2014 s. 10(Sch. item 36.32(b)). (3AA) Despite subsection (3), a person from whom a sample of hair, other than pubic hair, is to be taken in accordance with— (a) an authorisation given under section 464SA; or (b) an order made by a court under this Subdivision— may elect to provide instead a scraping taken by the person from his or her mouth if a police officer authorised in accordance with subsection (1A) considers that— (c) a scraping is appropriate in the circumstances; and
S. 464Z(3B)(a) amended by Nos 41/2004 s. 13(2)(b)(i)(ii), 27/2006 s. 17(24). (a) if the election or consent 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 election is made or the consent is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and S. 464Z(3B)(b) amended by No. 41/2004 s. 13(2)(c). (b) if the election or consent is recorded in writing, a copy of the record forthwith. S. 464Z(4) amended by Nos 81/1997 s. 19(3), 41/2004 s. 13(3), 13/2010 s. 51(Sch. item 17.6(c)). (4) A person from whom an intimate sample is to be taken (except a scraping from a person's mouth to be taken by that person) or who is to undergo a physical examination of an intimate part of the body may request that a medical practitioner or nurse or midwife or, if a dental impression is to be taken, a dentist of his or her choice take the sample or conduct the examination or be present during the forensic procedure. 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.
S. 464ZFA (2)(b) amended by No. 37/2014 s. 10(Sch. item 36.36(b)(ii)). (b) generally all police officers. S. 464FA(3) amended by Nos 16/2002 s. 12(2)(b), 37/2014 s. 10(Sch. item 36.36(c)). (3) A warrant issued under subsection (1) or (1B) directed to a named police officer may be executed by any police officer. S. 464ZFA(4) amended by No. 16/2002 s. 12(2)(c)(i). (4) If a court issues a warrant under subsection (1) or a magistrate or registrar issues a warrant under subsection (1B), the court, magistrate or registrar must— S. 464ZFA (4)(a) amended by No. 16/2002 s. 12(2)(c)(ii). (a) give reasons for the decision; and (b) cause a note of the reasons to be entered in the records of the court. S. 464ZFA(5) amended by No. 16/2002 s. 12(2)(d)(i)(ii). (5) A failure of a court, magistrate or registrar to comply with subsection (4) does not invalidate any order made by the court, magistrate or registrar but constitutes non-compliance for the purposes of section 464ZE(1)(a). S. 464ZFA(6) amended by No. 16/2002 s. 12(2)(e). (6) If a person is arrested under a warrant issued under subsection (1) or (1B), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier). S. 464ZFA(7) inserted by No. 16/2002 s. 12(3), amended by No. 37/2014 s. 10(Sch. item 36.36(d)(i)). (7) A police officer who executes a warrant issued under subsection (1B) must, as soon as practicable after executing the warrant—
a police officer, at any time after the verdict of not guilty because of mental impairment, but not later than 6 months after the final determination of an appeal against the verdict or the expiry of any appeal period in respect of the verdict (whichever is the later), may apply to the court referred to in paragraph (b) for an order permitting the retention of any sample taken and any related material and information and the court may make an order accordingly. S. 464ZFB(1B) inserted by No. 27/2006 s. 11(2), amended by No. 68/2009 s. 97(Sch. item 40.38). (1B) Subsection (1A) does not apply to an offence heard and determined summarily. S. 464ZFB(2) amended by No. 27/2006 s. 11(3)(a). (2) A court hearing an application under subsection (1) or (1A)— S. 464ZFB (2)(a) amended by No. 27/2006 s. 11(3)(b). (a) must take into account the seriousness of the circumstances of the offence in determining whether to make the order under subsection (1) or (1A), as the case requires; and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable. S. 464ZFB(2A) inserted by No. 16/2002 s. 13(2), amended by No. 14/2006 s. 14(b)(i)(ii). (2A) An order made under subsection (1) before the expiry of the appeal period in respect of the conviction for the offence or the final determination of an appeal against conviction (whichever is the later)—
S. 464ZGB(4) amended by No. 37/2014 s. 10(Sch. item 36.37). (4) A police officer who informs a person of the matters in subsection (3) must— (a) record the giving of the information and the person's responses, if any— (i) in writing signed by both the person and the independent person witnessing the giving of the consent; and S. 464ZGB (4)(a)(ii) substituted by No. 27/2006 s. 17(30)(a). (ii) by audiovisual recording, if practicable, or otherwise by audio recording; and (b) give or send by registered post to the person or his or her legal practitioner, without charge— S. 464ZGB (4)(b)(i) amended by No. 27/2006 s. 17(30)(b). (i) a copy of the audiovisual recording or audio recording as soon as practicable, but not more than 7 days after the information is given; and (ii) a copy of the written record, signed by both the person and the independent person, forthwith. S. 464ZGC inserted by No. 81/1997 s. 28. 464ZGC Withdrawal of consent prior to giving sample S. 464ZGC(1) amended by No. 37/2014 s. 10(Sch. item 36.37). (1) A person, at any time prior to giving a sample, may withdraw the consent that was given by him or her in accordance with section 464ZGB either— (a) orally; or (b) in writing— to a police officer or to the person authorised to take the sample.
against any other DNA profile held by the relevant agency to eliminate the person as a possible source of DNA in— (i) the investigation of a crime; or (ii) the investigation of a reportable death within the meaning of the Coroners Act 2008; or (iii) in the case of the Institute, testing conducted by the Institute in the performance of its objects and functions; and (b) a written statement of the requirements of section 464ZGFB(3) and (5). (4) A sample given under this section may be used only for the purpose referred to in subsection (3)(a). (5) Evidence of a sample given by a person under this section and any DNA profile obtained from the sample is inadmissible as evidence against the person, unless the person consents to the admission of the evidence, in— (a) any proceeding, whether civil or criminal; or S. 464ZGFA (5)(b) amended by No. 37/2014 s. 10(Sch. item 36.38(b)(i)). (b) a proceeding arising out of, or connected with, an investigation under Division 6 of Part 4, Part 5, Part 7, Part 9 or Part 10 of the Victoria Police Act 2013 in respect of the person; or 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.
S. 464ZGI(1) Table substituted by No. 32/2007 s. 8(1). TABLE Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes (2) A person— S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2). (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and (b) who intends or is reckless as to any such matching of profiles— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
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. 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)). (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
application to a court for fingerprints or a blood sample— (a) made before the commencement of section 7 of that Act; or (b) made after that commencement arising from a refusal to give fingerprints or a blood sample before the commencement. (2) Subject to section 464P of this Act (as inserted by the Crimes (Amendment) Act 1993) this Act as in force immediately before the commencement of section 7 of the Crimes (Amendment) Act 1993 continues to apply to fingerprints and blood samples taken before that commencement. (3) The re-enactment by this section of section 11 of the Crimes (Amendment) Act 1993 does not affect the operation of any Act enacted after the Crimes (Amendment) Act 1993. S. 585C inserted by No. 10/2005 s. 4(Sch. 2 item 1). 585C Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996) (1) This Act as amended by sections 6(1) and 6(3) of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies only with respect to applications for warrants made on or after the commencement of section 6 of that 1996 Act under section 465 of this Act or section 81 of the Drugs, Poisons and Controlled Substances Act 1981. (2) This Act as amended by section 8 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies to any child pornography, film, photograph, publication or computer game seized, whether before or after the commencement of section 8 of that 1996 Act. (3) The expressions used in subsection (2) have the same meaning as in section 67A of this Act.
(4) For the purposes of subsection (3), if an offence is alleged to have been committed between two dates of which one is before and one is on or after 1 January 1998, the offence is alleged to have been committed before 1 January 1998. (5) The amendments of section 47A of this Act made by section 5(2), (3), (4) and (5) of the Crimes (Amendment) Act 1997 apply to offences against section 47A(1) for which a charge is filed on or after 1 January 1998, irrespective of when the offence is alleged to have been committed. S. 588 inserted by No. 81/1997 s. 15. 588 Transitional provisions (Crimes (Amendment) Act 1997—Part 3) (1) Section 398A applies to any trial, committal proceeding or hearing of a charge for an offence that commences on or after 1 January 1998, irrespective of when the offence to which the trial, committal proceeding or hearing relates is alleged to have been committed. (2) For the purposes of subsection (1)— (a) a trial commences on arraignment of the accused in accordance with Subdivision (12) of Division 1 of Part III; and (b) a committal proceeding commences on the committal mention date; and (c) a hearing of a charge for an offence commences on the taking of a formal plea from the accused. S. 589 inserted by No. 81/1997 s. 30. 589 Transitional provisions (Crimes (Amendment) Act 1997—Part 4) (1) The amendment of this Act made by section 16(f), 17 or 18 of the Crimes (Amendment) Act 1997 applies to applications made under section 464T(1), 464U(3) or 464V (as the case requires) irrespective of when the offence in
Assent Date: 21.12.60 Commencement Date: Sch. 1 on 1.4.59: s. 3 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Kidnapping) Act 1960, No. 6731/1960 Assent Date: 21.12.60 Commencement Date: 21.12.60 : All of Act in operation Evidence (Children) Act 1961, No. 6758/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Prostitution Act 1961, No. 6761/1961 Assent Date: 26.4.61 Commencement Date: 26.4.61 : All of Act in operation Motor Car (Amendment) Act 1961, No. 6762/1961 Assent Date: 26.4.61 Commencement Date: S. 13 on 5.6.61: Government Gazette 31.5.61 p. 1850 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Breath Test Evidence) Act 1961, No. 6806/1961 Assent Date: 5.12.61 Commencement Date: 20.12.61: Government Gazette 20.12.61 p. 4335 : All of Act in operation Companies Act 1961, No. 6839/1961 Assent Date: 19.12.61 Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392 : All of Act in operation Crimes (Detention) Act 1962, No. 6884/1962 Assent Date: 2.5.62 Commencement Date: 17.9.62: Government Gazette 12.9.62 p. 3228 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Justices (Amendment) Act 1962, No. 6958/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 : All of Act in operation Parole Board Membership Act 1963, No. 6994/1963
Assent Date: 7.5.63 Commencement Date: 7.5.63 : All of Act in operation Crimes (Aircraft) Act 1963, No. 7088/1963 (as amended by No. 7142/1964) Assent Date: 10.12.63 Commencement Date: 10.12.63 : All of Act in operation Crimes (Amendment) Act 1964, No. 7184/1964 Assent Date: 2.12.64 Commencement Date: 15.2.65: Government Gazette 10.2.65 p. 279 : All of Act in operation Crimes (Illegal Use of Motor Cars) Act 1965, No. 7263/1965 Assent Date: 18.5.65 Commencement Date: 18.5.65 : All of Act in operation Crimes (Parole) Act 1965, No. 7269/1965 Assent Date: 25.5.65 Commencement Date: 25.5.65 : All of Act in operation Motor Car (Driving Offences) Act 1965, No. 7327/1965 Assent Date: 7.12.65 Commencement Date: 1.2.66: Government Gazette 19.1.66 p. 209 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 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 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
Assent Date: 4.11.70 Commencement Date: 4.11.70 : All of Act in operation Criminal Appeals Act 1970, No. 8063/1970 Assent Date: 22.12.70 Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830 : All of Act in operation Motor Car (Driving Offences) Act 1971, No. 8143/1971 Assent Date: 4.5.71 Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502 : All of Act in operation Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Justices Act 1972, No. 8275/1972 Assent Date: 13.5.72 Commencement Date: 15.1.73: Government Gazette 10.1.73 p. 45 : All of Act in operation Crimes (Amendment) Act 1972, No. 8280/1972 Assent Date: 13.5.72 Commencement Date: 13.5.72 : All of Act in operation Crimes Act 1972, No. 8338/1972 Assent Date: 5.12.72 Commencement Date: 29.1.73: Government Gazette 24.1.73 p. 164 : All of Act in operation Crimes (Amendment) Act 1973, No. 8410/1973 Assent Date: 17.4.73 Commencement Date: Ss 1–4 on 9.5.73: Government Gazette 9.5.73 p. 1014; s. 5 on 1.7.73: Government Gazette 20.6.73 p. 2064 : All of Act in operation Crimes (Theft) Act 1973, No. 8425/1973 (as amended by No. 9019/1977)
Assent Date: 14.12.76 Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712 : All of Act in operation Magistrates' Courts (Commitment) Act 1977, No. 8998/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Bail Act 1977, No. 9008/1977 Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2 : All of Act in operation Crimes (Armed Robbery) Act 1977, No. 9048/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77: subject to s. 2(2) : All of Act in operation 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: 22.4.86 Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes (Amendment) Act 1986, No. 37/1986 (as amended by No. 35/1990) Assent Date: 20.5.86 Commencement Date: 1.7.86: Government Gazette 25.6.86 p. 2239 : All of Act in operation Crimes (Confiscation of Profits) Act 1986, No. 101/1986 Assent Date: 16.12.86 Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924 : All of Act in operation Crimes (Proceedings) Act 1986, No. 102/1986 Assent Date: 16.12.86 Commencement Date: 1.4.87: Government Gazette 11.3.87 p. 539 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Transport Accident Act 1986, No. 111/1986 Assent Date: 16.12.86 Commencement Date: S. 180(2)(Sch. 2 item 5) on 1.2.87: Government Gazette 28.1.87 p. 180 : This information relates only to the provision/s amending the Crimes Act 1958 Corrections Act 1986, No. 117/1986 Assent Date: 23.12.86 Commencement Date: S. 6(Sch. 1 item 2(4)(5)) on 6.5.87: Government Gazette 6.5.87 p. 1004; Sch. 1 item 1(8) on 1.3.88: Government Gazette 24.2.88 p. 363 : This information relates only to the provision/s amending the Crimes Act 1958 Prostitution Regulation Act 1986, No. 124/1986 Assent Date: 23.12.86 Commencement Date: Ss 74(a)(b)(d)(e), 80 on 16.8.87: Government Gazette 12.8.87 p. 2175; s. 74(c) on 1.4.90: Government Gazette 28.3.90 p. 895 : This information relates only to the provision/s amending the Crimes Act 1958 Road Safety Act 1986, No. 127/1986
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: S. 32 on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1 : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013 Assent Date: 26.2.13 Commencement Date: Ss 3–7 on 1.7.13: Special Gazette (No. 180) 21.5.13 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Integrity in Sports) Act 2013, No. 20/2013 Assent Date: 23.4.13 Commencement Date: 24.4.13: s. 2 : All of Act in operation Succession to the Crown (Request) Act 2013, No. 60/2013 Assent Date: 22.10.13 Commencement Date: S. 6(Sch. 2 item 1) on 26.3.15: s. 2(3) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 5(Sch. 3 item 1) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013 Assent Date: 3.12.13 Commencement Date: Ss 3−18 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes Act 1958 Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013 Assent Date: 17.12.13 Commencement Date: Ss 15, 16 on 18.12.13: s. 2(1) : This information relates only to the provision/s amending the Crimes Act 1958 Crimes Amendment (Grooming) Act 2014, No. 7/2014 Assent Date: 25.2.14 Commencement Date: Ss 3, 4 on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 Current State: This information relates only to the provision/s amending the Crimes Act 1958