Victoria Crimes Act 1958
Victoria Crimes Act 1958
- TABLE OF PROVISIONS
PART I--OFFENCES
Division 1A--Piracy
71. Definitions
72. Basic definition of theft
73. Further explanation of theft
74. Theft
74AA. Theft of firearm
75. Robbery
75A. Armed robbery
76. Burglary
77. Aggravated burglary
77A. Home invasion
77B. Aggravated home invasion
77C. Alternative verdict for charge of aggravated home invasion
78. Removal of articles from places open to the public
79. Carjacking
79A. Aggravated carjacking
80. Unlawfully taking control of an aircraft
80A. Extra-territorial offences
81. Obtaining property by deception
82. Obtaining financial advantage by deception
83. False accounting
83A. Falsification of documents
83B. Abolition of common law offences of forgery and uttering
84. Liability of company officers for certain offences by company
85. False statements by company directors etc.
86. Suppression etc. of documents
87. Blackmail
88. Handling stolen goods
88A. Alternative charges of theft and handling stolen goods
89. Advertising rewards for return of goods stolen or lost
90. Scope of offences relating to stolen goods
91. Going equipped for stealing etc.
92. Search for stolen goods
93. Procedure and evidence
95. Husband and wife
175. Definitions[5]
176. Receipt or solicitation of secret commission by an agent an indictable
offence[6]
177. Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to
agent[7]
178. Giving or receiving false or misleading receipt or account an indictable
offence[8]
179. Gift or receipt of secret commission in return for advice given[9]
180. Secret commission to trustee in return for substituted appointment[10]
181. Aiding and abetting offences within or outside Victoria[11]
182. Liability of directors etc. acting without authority[12]
184. Protection of witness giving answers criminating himself [13]
185. Stay of proceedings against such witness[14]
186. Custom of itself no defence[15]
191. Fraudulently inducing persons to invest money
192A. Definitions
192B. Making, using or supplying identification information
192C. Possession of identification information
192D. Possession of equipment used to make etc. identification documentation
192E. Not an offence to attempt to commit an identity crime offence
193. Definitions
194. Dealing with proceeds of crime
195. Dealing with property suspected of being proceeds of crime
195A. Dealing with property which subsequently becomes an instrument of crime
195B. Interpretation
195C. Engaging in conduct that corrupts or would corrupt a betting outcome of event
or event contingency
195D. Facilitating conduct that corrupts or would corrupt a betting outcome of
event or event contingency
195E. Concealing conduct, agreement or arrangement
195F. Use of corrupt conduct information for betting purposes
196. Definition
197. Destroying or damaging property
197A. Arson causing death
198. Threats to destroy or damage property
199. Possessing anything with intent to destroy or damage property
201. Lawful excuse
201A. Intentionally or recklessly causing a bushfire
202. Jurisdiction of magistrates' courts
206. Rioters demolishing buildings[16]
207. Forcible entry
225. Conveying water into a mine
228. Removing etc. piles of sea banks
232. Placing things on railways to obstruct or overturn engine etc.[17]
233. Obstructing engine, carriage etc. on railway[18]
244. Altering signals or exhibiting false ones
245. Removing buoy etc.
246A. Endangering safe operation of an aircraft
246B. Setting fire etc. to aircraft
246C. Endangering safety of aircraft
246D. Dangerous goods on aircraft
246E. Threats to safety of aircraft
247. False statements
247A. Interpretation
247B. Unauthorised access, modification or impairment with intent to commit serious
offence
247C. Unauthorised modification of data to cause impairment
247D. Unauthorised impairment of electronic communication
247E. Possession of data with intent to commit serious computer offence
247F. Producing, supplying or obtaining data with intent to commit serious computer
offence
247G. Unauthorised access to or modification of restricted data
247H. Unauthorised impairment of data held in computer disk, credit card or other
device
247I. Extra-territorial operation of offences
247J. Interpretation
247K. Sabotage
247L. Threats to sabotage
248. Interpretation
249. Contaminating goods with intent to cause, or being reckless as to whether it
would cause, public alarm or economic loss
Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost
recovery orders in respect of costs incurred by emergency service agencies in
providing an immediate response to an emergency arising out of the commission of an
offence against this section
Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost
recovery orders in respect of costs incurred by emergency service agencies in
providing an immediate response to an emergency arising out of the commission of an
offence against this section.
Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost
recovery orders in respect of costs incurred by emergency service agencies in
providing an immediate response to an emergency arising out of the commission of an
offence against this section.
253. Definitions
254. Destruction of evidence
255. Corporate criminal responsibility for offence against section 254
256. Interpretation
257. Intimidation or reprisals relating to involvement in criminal investigation or
criminal proceeding
Division 6--Perjury
314. Perjury
315. All evidence material with respect to perjury
Division 2B--of Part 4 of the Sentencing Act 1991 provides for the making of cost
recovery orders in respect of costs incurred by emergency service agencies in
providing an immediate response to an emergency arising out of the commission of an
offence against this section.
317AB. Interpretation
317AC. Intentionally exposing an emergency worker, a custodial officer or a youth
justice custodial worker to risk by driving
317AD. Aggravated offence of intentionally exposing an emergency worker, a
custodial officer or a youth justice custodial worker to risk by driving
317AE. Recklessly exposing an emergency worker, a custodial officer or a youth
justice custodial worker to risk by driving
317AF. Aggravated offence of recklessly exposing an emergency worker, a custodial
officer or a youth justice custodial worker to risk by driving
317AG. Damaging an emergency service vehicle
317B. Interpretation
318. Culpable driving causing death
319. Dangerous driving causing death or serious injury
319AA. Dangerous or negligent driving while pursued by police
Division 9AA--Offences connected with dangerous, menacing and restricted breed dogs
and related court powers
319A. Definitions
319B. Failure to control dangerous, menacing or restricted breed dog that kills
person
319C. Recklessness as to whether controlling dangerous, menacing or restricted
breed dog may place another person in danger of death
319D. Court may disqualify person from owning or being in charge or control of a
dog
319E. Search warrant for failure to comply with court order
319F. Certain sections of the Domestic Animals Act 1994 apply to search warrant
under this section
319G. Order under section 319D may be suspended
319H. Person subject to order under section 319D may apply for variation,
suspension or revocation of order
319I. Power of court to vary etc. order under section 319D
319J. Person may not make another application for variation, suspension or
revocation of order for 12 months
319K. Orders under section 319D are to operate consecutively
319L. Person must comply with order under section 319D
Division 10--Conspiracy
Division 11--Incitement
321G. Incitement
321H. Incitement to commit offences outside Victoria
321I. Penalties for incitement
321J. Application of certain provisions
321K. Limitations on prosecution
321L. Incitement at common law abolished
321LA. Definitions
321LB. Recruiting a child to engage in criminal activity
321LC. Child need not engage in conduct or be prosecuted or found guilty of an
offence
321LD. Limitation on prosecution
Division 12--Attempts
321M. Attempt
321N. Conduct constituting attempt
321O. Attempts to commit offence outside Victoria
321P. Penalties for attempt
321Q. Limitations on prosecution
321R. Application of Division
321S. Abolition of attempt at common law
Division 1--General
Division 2--Self-defence
322K. Self-defence
322L. Self-defence does not apply to a response to lawful conduct
322M. Family violence and self-defence
322N. Abolition of self-defence at common law
Division 3--Duress
322O. Duress
322P. Family violence and duress
322Q. Abolition of duress at common law
Division 5--Intoxication
322T. Intoxication
PART II--OFFENDERS
Division 2--Punishment
Division 3--Regulations
505A. Regulations
Division 1--Probation
Division 3--Regulations
542. Regulations
PART 7--GENERAL
585. Supreme Court—limitation of jurisdiction
585AAA. Regulations
585AA. Transitional provisions—(Crimes (Theft) Act 1973)
585AB. Transitional provisions—(Crimes (Criminal Damage) Act 1978)
585AC. Transitional provisions—(Crimes (Classification of Offences) Act 1981)
585AD. Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
585AE. Transitional provisions—(Crimes (Custody and Investigation) Act 1988)
585AF. Transitional provisions—(Crimes (Fingerprinting) Act 1988)
585A. Transitional provisions—(Crimes (Sexual Offences) Act 1991)
585B. Transitional provisions—(Crimes (Amendment) Act 1993)
585C. Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act
1996)
585D. Transitional provisions—(Sentencing and Other Acts (Amendment) Act
1997)
586. Transitional provisions (Sentencing (Amendment) Act 1997)
587. Transitional provisions (Crimes (Amendment) Act 1997—Part 2)
588. Transitional provisions (Crimes (Amendment) Act 1997—Part 3)
589. Transitional provisions (Crimes (Amendment) Act 1997—Part 4)
590. Transitional provision—Crimes, Confiscation and Evidence Acts
(Amendment) Act 1998
591. Transitional provision—Crimes (Amendment) Act 1998
592. Transitional provisions—Magistrates' Court (Amendment) Act 1999
593. Transitional provisions—Crimes (Amendment) Act 2000
593A. Transitional provision—Crimes (Questioning of Suspects) Act 2000
594. Transitional provision—Magistrates' Court (Committal Proceedings) Act
2000
596. Transitional provisions—Crimes (DNA Database) Act 2002
597. Transitional provision—Crimes (Property Damage and Computer Offences)
Act 2003
598. Transitional provision—Crimes (Stalking) Act 2003
599. Transitional provision—Crimes (Money Laundering) Act 2003
600. Transitional provisions—Crimes (Dangerous Driving) Act 2004
601. Transitional provision—Children and Young Persons (Age Jurisdiction) Act
2004
602. Transitional provision—Crimes (Contamination of Goods) Act 2005
603. Transitional provision—Crimes (Homicide) Act 2005
604. Transitional provision—Justice Legislation (Miscellaneous Amendments)
Act 2006
605. Transitional provision—Justice Legislation (Further Miscellaneous
Amendments) Act 2006
606. Transitional provision—Courts Legislation (Jurisdiction) Act 2006
606A. Transitional provision—Crimes (Sexual Offences) Act 2006
607. Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act
2006
608. Transitional provisions—Crimes Amendment (DNA Database) Act 2007
609. Transitional provision—Crimes Amendment (Rape) Act 2007
610. Transitional provision—Crimes Amendment (Child Homicide) Act 2008
612. Transitional provision—Justice Legislation Amendment (Sex Offences
Procedure) Act 2008
613. Transitional provision—Statute Law Amendment (Evidence Consequential
Provisions) Act 2009
614. Transitional provision—Justice Legislation Miscellaneous Amendments Act
2009
615. Transitional provision—Transport Legislation Amendment (Hoon Boating and
Other Amendments) Act 2009
616. Transitional provision—Justice Legislation Further Amendment Act 2010
617. Transitional provision—Crimes Amendment (Bullying) Act 2011
618. Transitional provision—Crimes Amendment (Gross Violence Offences) Act
2013
619. Transitional provision—Crimes Amendment (Integrity in Sports) Act 2013
620. Transitional provision—Crimes Amendment (Investigation Powers) Act 2013
621. Transitional provision—Crimes Amendment (Grooming) Act 2014
621A. Transitional provision—Justice Legislation Amendment (Confiscation and
Other Matters) Act 2014
622. Transitional provision—Crimes Amendment (Protection of Children) Act
2014
623. Transitional provision—Crimes Amendment (Abolition of Defensive
Homicide) Act 2014
624. Transitional provisions—Sentencing Amendment (Coward's Punch
Manslaughter and Other Matters) Act 2014
625. Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014
626. Transitional provision—Crimes Amendment (Sexual Offences and Other
Matters) Act 2014
627. Transitional provision—Justice Legislation Amendment Act 2015
628. Transitional provision—Crimes Amendment (Child Pornography and Other
Matters) Act 2015
628A. Transitional provision—Children and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
629. Transitional provision—Crimes Amendment (Sexual Offences) Act 2016
630. Transitional provision—Police and Justice Legislation Amendment
(Miscellaneous) Act 2016
631. Transitional provision—Crimes Legislation Further Amendment Act 2017
632. Transitional provision—Family Violence Protection Amendment Act 2017
633. Transitional provision—Justice Legislation Amendment (Victims) Act 2018
634. Transitional provision—Crimes Legislation Amendment (Protection of
Emergency Workers and Others) Act 2017
635. Transitional provision—Justice Legislation Amendment (Police and Other
Matters) Act 2019
636. Transitional provision—Children Legislation Amendment Act 2019
637. Transitional provision—Crimes Amendment (Manslaughter and Related
Offences) Act 2020
FIRST SCHEDULE
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
ENDNOTES
S. 1
amended by Nos 6731 s. 2(1),
6958 s. 8(4)(a), 7088 s. 2(g), 7703 s. 5, 7884 s. 2(1), 8280
s. 2, 8338 ss 2, 7(a), 8425 s. 2(1), 8493 s. 33(a)(i)(ii), 8679
s. 3(1) (a)(i)(ii), 8870 s. 6(3), 9019 s. 2(1)(Sch. item 34),
9073 s. 2(c), 9155 s. 4(c), 9228 s. 2(1)(a)(b), 9407 s. 2(c)
(i)(ii), 9509 s. 3(1)(2), 9549 s. 2(1)(Sch. item 50), 9576
s. 11(1), 10026 s. 2(a)(b), 10079 s. 7(1) (a)(b), 10084
s. 15(a)(i)(ii), 25/1989 s. 4.
* * * * *
S. 2A
inserted by No. 7088 s. 2(a),
amended by No. 9509 s. 4(a).
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
S. 2B
inserted by No. 51/1989
s. 143(a).
Part
I—Offences
Division
1—Offences against the person
(1)
Homicide
S. 3 substituted by Nos 8679 s. 2,
37/1986 s. 8, amended by Nos 49/1991
s. 119(1)(Sch. 2
item 1(a)), 52/2014 s. 12 (ILA s. 39B(1)).
* * * * *
S. 3(2) inserted by No. 52/2014
s. 12, substituted by No. 69/2014 s. 11, repealed by
No. 34/2017 s. 13(1), new s. 3(2) inserted by
No. 34/2017 s. 25(2).
(ii) at the time of carrying out the conduct the accused knew or
was
reckless as to whether that person was a custodial officer or an emergency
worker; and
Notes
Note to s. 3 inserted by
No. 69/2014 s. 11, repealed by No. 34/2017
s. 13(2).
* * * * *
S. 3A
inserted by No. 9576
s. 3(1).
S. 3A(1) amended
by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997
s. 60(1)(Sch. 1 item
2(a)(b)).
(2) The rule of law known as the felony-murder rule (whereby a person who
unintentionally causes the death of another by an act of violence done in the
course or furtherance of a felony of violence is liable to be convicted of
murder as though he had killed that person intentionally) is hereby
abrogated.
S. 4
amended by No. 9576 s. 11(1),
repealed by No. 10079 s. 8(b), new s. 4 inserted by No.
77/2005 s. 4, repealed by No. 63/2014
s. 3(1).
* * * * *
S. 4A inserted by No. 72/2014
s. 3.
(3) For the purposes of subsection (2), it is irrelevant that the single
punch or strike is one of a series of punches or strikes.
(4) A single punch or strike may be the cause of a person's death even if
the injury from which the person dies is not the injury that the punch or strike
itself caused to the person's head or neck but another injury resulting from an
impact to the person's head or neck, or to another part of the person's body,
caused by the punch or strike.
Example
If a person punches another person to the head, and that other person
falls, hits their head on the road, and dies from the injury resulting from
their head hitting the road, the punch may be the cause of their
death.
Notes to s. 4A amended by
No. 14/2015 s. 69(7)(8).
Notes
1 Under section 11 of the Jury Directions Act 2015, after the close
of all evidence and before the closing address of the prosecution, defence
counsel must inform the trial judge whether each element of the offence is or is
not in issue, including—
No. 6103 s. 5.
S. 5
amended by Nos 49/1991
s. 119(1)(Sch. 2
item 3), 48/1997 s. 60(1)(Sch. 1 item 3), 65/2016 s. 20(2), 16/2020
s. 3.
Notes to s. 5 inserted by
No. 72/2014 s. 4, amended by No. 65/2016
s. 20(3)(4).
Notes
Note 3 to s. 5 repealed by
No. 23/2020 s. 9.
* * * * *
S. 5A
inserted by No. 7/2008 s. 3,
amended by No. 16/2020 s. 4.
Note to s. 5A inserted by
No. 65/2016 s. 20(5).
Note
Notes
(a) manslaughter;
No. 6103 s. 6.
(a) her not having fully recovered from the effect of giving birth to
that
child within the preceding 2 years; or
(b) a disorder consequent on her giving birth to that child within the
preceding 2 years—
Note
(3) Nothing in this Act affects the power of the jury on a charge of
murder of a child to return a verdict of not guilty because of mental
impairment.
S. 6A
inserted by No. 7546
s. 2.
S. 6B
inserted by No. 7546
s. 2.
(a) incites any other person to commit suicide and that other person
commits or attempts to commit suicide in consequence thereof; or
(3) The fact that by virtue of this section any person who in pursuance of
a suicide pact has killed another person has not been or is not liable to be
convicted of murder shall not affect the question of whether the homicide
amounted to murder in the case of a third person who is a party to the homicide
and is not a party to the suicide pact.
(4) For the purposes of this section "suicide pact" means an
agreement between two or more persons having for its object the death of all of
them whether or not each is to take his own life; but nothing done by a person
who enters into a suicide pact shall be treated as done by him in pursuance of
the pact unless it is done while he has the settled intention of dying in
pursuance of the pact.
S. 7
repealed by No. 9576
s. 11(1).
* * * * *
No. 6103 s. 8.
No. 6103 s. 9.
S. 9
amended by Nos 9576 s. 11(1),
77/2005 s. 8(3)(a)(i)(ii), 7/2008 s. 7(3)(a), 63/2014 s. 3(2),
16/2020 s. 6.
(2) This section does not apply to acts or omissions alleged to have
occurred—
(a) before the commencement of the Crimes (Year and a Day Rule) Act
1991; or
(b) between two dates, one before and one after that
commencement.
* * * * *
(1A) Treasonable
offences
S. 9A
inserted by No. 9407
s. 2(a).
S. 9A(1) amended
by Nos 37/1986 s. 9, 49/1991
s. 119(1)(Sch. 2
item 6(a)(i)).
(a) kills the Sovereign, does the Sovereign any bodily harm tending to
the
death or destruction of the Sovereign or maims, wounds, imprisons or restrains
the Sovereign;
S. 9A(1)(b) amended by
No. 60/2013 s. 6(Sch. 2 item 1).
(b) kills the eldest child and heir apparent, or the Consort, of the
Sovereign;
(c) levies war, or does any act preparatory to levying war, against
the
Commonwealth of Australia;
(b) knowing that a person intends to commit treason, does not give
information thereof with all reasonable despatch to a constable or use other
reasonable endeavours to prevent the commission of the offence—
(3) On the trial of a person charged with treason on the ground that he
formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or
(e) of subsection (1) of this section and manifested that intention by an
overt
act, evidence of the overt act shall not be admitted unless the overt act was
alleged in the indictment.
* * * * *
* * * * *
In this subdivision—
S. 15 def. of abortion
inserted by No. 58/2008 s. 10(1).
(a) infibulation;
S. 15 def. of firearm
inserted by No. 6/2013 s. 3(c).
"firearm" has the same meaning as in the Firearms Act
1996;
S. 15 def. of injury
substituted by No. 6/2013 s. 3(a).
"injury" means—
"midwife" means—
S. 15 def. of offensive
weapon inserted by No. 6/2013 s. 3(c).
S. 15 def. of physical
injury inserted by No. 6/2013 s. 3(c).
* * * * *
(2) For the purposes of subsection (1), any one of the following
constitutes circumstances of gross violence—
(i) the offender intended that the conduct would cause a serious
injury;
or
(b) the offender in company with 2 or more other persons caused the
serious injury;
S. 15A(2)(c) substituted by
No. 63/2014 s. 7(3).
Note
(d) the offender planned in advance to have with him or her and to use
an
offensive weapon, firearm or imitation firearm and in fact used the offensive
weapon, firearm or imitation firearm to cause the serious injury;
(e) the offender continued to cause injury to the other person after
the
other person was incapacitated;
(f) the offender caused the serious injury to the other person while
the
other person was incapacitated.
Notes
3 See section 10 of the Sentencing Act 1991 for the requirement that
a term of imprisonment be imposed for an offence against section 15A(1) and that
a non‑parole period of not less than 4 years be fixed under section 11 of
that Act unless the court finds under section 10A of that Act that a special
reason exists.
* * * * *
(2) For the purposes of subsection (1), any one of the following
constitutes circumstances of gross violence—
(i) the offender intended that the conduct would cause a serious
injury;
or
(b) the offender in company with 2 or more other persons caused the
serious injury;
S. 15B(2)(c) substituted by
No. 63/2014 s. 7(4).
Note
(d) the offender planned in advance to have with him or her and to use
an
offensive weapon, firearm or imitation firearm and in fact used the offensive
weapon, firearm or imitation firearm to cause the serious injury;
(e) the offender continued to cause injury to the other person after
the
other person was incapacitated;
(f) the offender caused the serious injury to the other person while
the
other person was incapacitated.
Notes
3 See section 10 of the Sentencing Act 1991 for the requirement that
a term of imprisonment be imposed for an offence against section 15B(1) and that
a non-parole period of not less than 4 years be fixed under section 11 of that
Act unless the court finds under section 10A of that Act that a special reason
exists.
Notes
3 See section 10AA(1) of the Sentencing Act 1991 for the requirement
that a term of imprisonment be imposed for an offence against section 16 and
that a non-parole period of not less than 3 years be fixed under section 11 of
that Act if the victim was an emergency worker on duty, a custodial officer on
duty or a youth justice custodial worker on duty unless the court finds under
section 10A of that Act that a special reason exists.
4 See section 10AA(2) and (3) of the Sentencing Act 1991 that
allow a youth justice centre order for a term of not less than 3 years to
be made in certain circumstances in respect of a young offender for an offence
against section 16 if the victim was an emergency worker on duty, a custodial
officer on duty or a youth justice custodial worker on duty.
Notes
1 An offence against this section is a category 1 offence under the
Sentencing Act 1991 if the victim was an emergency worker on duty, a
custodial officer on duty or a youth justice custodial worker on duty and the
offender knew or was reckless as to whether the victim was such a person. See
section 5(2G) and (2GA) of that Act for the requirement to impose a custodial
order or other specified order for this offence if committed in those
circumstances.
2 See section 10AA(1) of the Sentencing Act 1991 for the requirement
that a term of imprisonment be imposed for an offence against section 17 and
that a non-parole period of not less than 2 years be fixed under section 11 of
that Act if the victim was an emergency worker on duty, a custodial officer on
duty or a youth justice custodial worker on duty unless the court finds under
section 10A of that Act that a special reason exists.
3 See section 10AA(2) and (3) of the Sentencing Act 1991 that
allow a youth justice centre order for a term of not less than 2 years to
be made in certain circumstances in respect of a young offender for an offence
against section 17 if the victim was an emergency worker on duty, a custodial
officer on duty or a youth justice custodial worker on duty.
Notes
2 See section 10AA(4) of the Sentencing Act 1991 for the requirement
that a term of imprisonment of not less than 6 months be imposed for an
offence against section 18 if the victim was an emergency worker on duty, a
custodial officer on duty or a youth justice custodial worker on duty unless the
court finds under section 10A of that Act that a special reason
exists.
3 See section 10AA(2) and (3) of the Sentencing Act 1991 that
allow a youth justice centre order for a term of not less than 6 months to
be made in certain circumstances in respect of a young offender for an offence
against section 18 if the victim was an emergency worker on duty, a custodial
officer on duty or a youth justice custodial worker on duty.
S. 19(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 12), 48/1997 s.
60(1)(Sch. 1 item 16).
(b) knows that the other person has not consented to the
administration or
taking of the substance or is reckless as to whether or not the other person has
so consented—
* * * * *
(a) intending that that other person would fear the threat would be
carried out; or
(b) being reckless as to whether or not that other person would fear
the
threat would be carried out—
(a) intending that that other person would fear the threat would be
carried out; or
(b) being reckless as to whether or not that other person would fear
the
threat would be carried out—
S. 21A(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 14).
(2) A person (the offender) stalks another person (the victim) if the
offender engages in a course of conduct which includes any of the
following—
(b) contacting the victim or any other person by post, telephone, fax,
text message, e-mail or other electronic communication or by any other means
whatsoever;
(bc) tracing the victim's or any other person's use of the Internet or
of
e-mail or other electronic communications;
(3) For the purposes of this section an offender also has the intention to
cause physical or mental harm to the victim, including self-harm, or to arouse
apprehension or fear in the victim for his or her own safety or that of any
other person if—
* * * * *
* * * * *
Note
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).
and results in the infliction of any such consequence (whether or not the
consequence inflicted is the consequence intended or foreseen).
S. 31A(1)
substituted by No. 50/2007 s. 57.
(a) must direct that the sentence not be served concurrently with any
other sentence; and
(b) must not make an order suspending the whole or any part of the
sentence.
(3) Subsection (1) does not apply to conduct engaged in by a person who
is—
(b) a senior IBAC Officer carrying out the purposes for which firearms
may
be used under Part 5 of the Independent Broad-based Anti-corruption
Commission Act 2011 and as authorised under that Part; or
(d) a prison guard who holds a licence under the Firearms Act 1996
issued for the requirement of the occupation of prison guard discharging a
firearm as authorised under that licence while acting in the course of the
prison guard's duties in the immediate pursuit of another person who is under
the prison guard's custody; or
(e) a person who holds a licence under the Firearms Act 1996,
discharging a firearm the person is authorised to use under the licence in the
course of the person's duties under—
Notes
2 Section 16(3E) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section if
committed in certain circumstances must, unless otherwise directed by the court,
be served cumulatively on any uncompleted sentence or sentences of
imprisonment imposed on that offender, whether before or at the same time as
that term.
(4) In this section—
(b) either—
(4) Subsection (3) applies whether or not the conduct arouses apprehension
or fear in the victim.
(6) For the purposes of this section a single act may amount to
intimidation.
(b) that the victim was outside Victoria at the time at which some or
all
of the conduct constituting an offence against subsection (1) occurred, so long
as that conduct occurred in Victoria; or
(c) a police custody officer within the meaning of the Victoria Police
Act 2013; or
New s. 32
inserted by No.
46/1996s. 4.
S. 32(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 18).
(2) A person must not perform on a person other than a child any type of
female genital mutilation referred to in paragraphs (a) to (e) of the definition
of female genital mutilation.
S. 33(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 18).
(1) A person must not take another person from the State, or arrange for
another person to be taken from the State, with the intention of having
prohibited female genital mutilation performed on the other person.
(a) the accused took the person, or arranged for the person to be
taken
from the State; and
(b) the person was subjected, while outside the State, to prohibited
female genital mutilation—
is, in the absence of proof to the contrary, proof that the accused took
the person or arranged for the person to be taken from the State with the
intention of having prohibited female genital mutilation performed on the
person.
New s. 34
inserted by No.
46/1996s. 4.
S. 34A
inserted by No.
46/1996s. 4.
(a) necessary for the health of the person on whom it is performed and
which is performed by a medical practitioner; or
(3) The burden of proving that the performance of the female genital
mutilation did not occur in any of the circumstances set out in subsection (1)
lies with the prosecution.
(5)
Corpses
S. 34B substituted by
No. 47/2016 s. 3.
Notes
2 A mistaken but honest and reasonable belief that the activity was not
sexual is not a defence to this offence—see section 34BE.
S. 34BA inserted by
No. 47/2016 s. 3.
Note
S. 34BB inserted by
No. 47/2016 s. 3.
(4) For the purposes of subsection (1), conduct is offensive if, in all
the circumstances, it is likely to arouse significant anger, resentment,
outrage, disgust or repulsion in the minds of reasonable persons.
(5) In this section—
Notes
2 A mistaken but honest and reasonable belief that the conduct was not
offensive is not a defence to this offence—see section 34BE.
S. 34BC inserted by
No. 47/2016 s. 3.
(2) For the purposes of section 34BB, it is immaterial whether the human
remains are in a public cemetery within the meaning of the Cemeteries and
Crematoria Act 2003 or at any other place.
S. 34BD inserted by
No. 47/2016 s. 3.
(b) any other lawful procedure carried out in good faith for medical,
hygienic, scientific, forensic or law enforcement purposes.
Note
S. 34BE inserted by
No. 47/2016 s. 3.
Note
* * * * *
* * * * *
S. 34C inserted by
No. 74/2014 s. 3 (as amended by No. 14/2015 s. 69(2)),
repealed by No. 47/2016 s. 4.
* * * * *
(b) a person to whom the person is not married but with whom the
person
is living as a couple on a genuine domestic basis (irrespective of gender
or gender identity);
Note
S. 35A inserted by
No. 47/2016 s. 5.
(a) A introduces (to any extent) a part of A's body or an object into
B's
vagina; or
(b) A introduces (to any extent) a part of A's body or an object into
B's
anus; or
(c) A introduces (to any extent) their penis into B's mouth;
or
(f) A, having introduced their penis into B's mouth, continues to keep
it
there.
(a) the person introduces (to any extent) a part of their body or an
object into their own vagina; or
(b) the person introduces (to any extent) a part of their body or an
object into their own anus; or
(c) having introduced a part of their body or an object into their own
vagina, they continue to keep it there; or
(d) having introduced a part of their body or an object into their own
anus, they continue to keep it there.
Note
S. 35B inserted by
No. 47/2016 s. 5.
(c) through anything, including anything worn by the person doing the
touching or by the person touched.
(a) the area of the body that is touched or used in the touching,
including (but not limited to) the genital or anal region, the buttocks or, in
the case of a female or a person who identifies as a female, the breasts;
or
(b) the fact that the person doing the touching seeks or gets sexual
arousal or sexual gratification from the touching; or
S. 35C inserted by
No. 47/2016 s. 5.
(ii) themselves; or
(iii) an animal.
S. 35D inserted by
No. 47/2016 s. 5.
(a) the area of the body that is involved in the activity, including
(but
not limited to) the genital or anal region, the buttocks or, in the case of a
female or a person who identifies as a female, the breasts; or
(b) the fact that the person engaging in the activity seeks or gets
sexual
arousal or sexual gratification from the activity; or
Example
A watches pornography in the presence of A's daughter (B) and her friend
(C).
(a) the person submits to the act because of force or the fear of
force,
whether to that person or someone else;
(b) the person submits to the act because of the fear of harm of any
type,
whether to that person or someone else or an animal;
(c) the person submits to the act because the person is unlawfully
detained;
Note
This circumstance may apply where a person gave consent when not so
affected by alcohol or another drug as to be incapable of consenting.
(h) the person is mistaken about the sexual nature of the act;
(j) the person mistakenly believes that the act is for medical or
hygienic
purposes;
(k) if the act involves an animal, the person mistakenly believes that
the
act is for veterinary or agricultural purposes or scientific research
purposes;
(l) the person does not say or do anything to indicate consent to the
act;
(m) having given consent to the act, the person later withdraws
consent to
the act taking place or continuing.
S. 36A inserted by
No. 47/2016 s. 5.
(2) Without limiting subsection (1), the circumstances include any steps
that the person has taken to find out whether the other person consents or, in
the case of an offence against section 42(1), would consent to the
act.
S. 36B inserted by
No. 47/2016 s. 5.
(a) involuntarily; or
(c) from the use of a drug for which a prescription is required and
that
was used in accordance with the directions of the person who
prescribed it; or
* * * * *
(d) from the use of a drug for which a prescription is not required
and
that was used for a purpose, and in accordance with the dosage level,
recommended by the manufacturer.
"parent" includes—
* * * * *
* * * * *
S. 37A(b) amended by
No. 47/2016 s. 6.
S. 37B(c) amended by
No. 47/2016 s. 7.
* * * * *
S. 37H inserted by
No. 74/2014 s. 4, amended by No. 20/2016 s. 144,
repealed by No. 47/2016 s. 9.
* * * * *
S. 38 substituted by No. 74/2014
s. 4.
* * * * *
S. 38(3) repealed by
No. 47/2016 s. 10(1), new s. 38(3) inserted by
No. 34/2017 s. 26(2).
Notes
S. 39(1)
substituted by No. 47/2016 s. 11(1).
S. 39(3) repealed by
No. 47/2016 s. 11(2).
* * * * *
Note to s. 39 inserted by
No. 47/2016 s. 11(3).
Note
S. 40
substituted by
No. 74/2014 s. 4.
S. 40(3)(4) repealed by
No. 47/2016 s. 12(1).
* * * * *
Notes
2 A mistaken but honest and reasonable belief that the touching was
not sexual is not a defence to this offence—see section
48B.
S. 41(1)(a) substituted by
No. 47/2016 s. 13(1).
(i) to touch A; or
S. 41(3)(4) repealed by
No. 47/2016 s. 13(2).
* * * * *
Notes
2 A mistaken but honest and reasonable belief that the touching was
not sexual is not a defence to this offence—see section
48B.
(c) at the time of applying that force A intends that B take part in
a sexual act; and
(d) A does not reasonably believe that B would consent to taking part
in that sexual act.
(i) A; or
(iii) themselves; or
S. 43(2)(b)(v) amended by
No. 47/2016 s. 14(1)(a).
(v) an animal;
S. 43(2)(c) inserted by
No. 47/2016 s. 14(1)(b).
S. 43(4) substituted by
No. 47/2016 s. 14(2).
(4) For the purposes of this section, a threat may be made by words or
conduct and may be explicit or implicit.
Note to s. 43 repealed by
No. 47/2016 s. 14(3).
* * * * *
New s. 44 inserted by
No. 47/2016 s. 15.
(a) A makes a threat to another person (B) that A will cause harm of
any
kind to B, another person or an animal; and
(3) For the purposes of subsection (1), a threat may be made by words or
conduct and may be explicit or implicit.
(4) For the purposes of subsection (1)(c), a person who takes part in a
sexual act with A or another person may or may not be the person to whom
A has threatened to cause harm.
Note
See section 35C for the meaning of taking part in a sexual act.
New s. 45 inserted by
No. 47/2016 s. 15.
Note
See section 35C for the meaning of taking part in a sexual act.
New s. 46 inserted by
No. 47/2016 s. 15.
(a) A—
Note
See section 35C for the meaning of taking part in a sexual act.
New s. 47 inserted by
No. 47/2016 s. 15.
(a) A—
Note
See section 35C for the meaning of taking part in a sexual act.
New s. 48 inserted by
No. 47/2016 s. 15.
(d) A knows that B will see, or will probably see, the activity or a
part
of the activity; and
(e) A—
Note
A mistaken but honest and reasonable belief that the activity was not
sexual is not a defence to this
offence—see section 48B.
S. 48A inserted by
No. 47/2016 s. 15.
Note
The reference to A in this section is a reference to the same
A referred to in sections 38, 39, 40 and 41.
S. 48B inserted by
No. 47/2016 s. 15.
Note
(a) A intentionally—
(a) A intentionally—
Notes
(a) A intentionally—
(b) B is—
Notes
(a) A intentionally—
Notes
3 A mistaken but honest and reasonable belief that the touching was not
sexual or contrary to community standards of acceptable conduct is not a defence
to this offence—see section 49ZC.
(a) A intentionally—
(i) touches another person (B); or
(b) B is—
Notes
3 A mistaken but honest and reasonable belief that the touching was not
sexual or contrary to community standards of acceptable conduct is not a defence
to this offence—see section 49ZC.
(d) A knows that B is, or probably is, present when A engages in the
activity; and
(a) in person; or
Notes
3 A mistaken but honest and reasonable belief that the activity was not
sexual or that engaging in the activity in the presence of B was not contrary to
community standards of acceptable conduct is not a defence to this
offence—see section 49ZC.
(d) A knows that B is, or probably is, present when A engages in the
activity; and
(e) B is—
(a) in person; or
Notes
3 A mistaken but honest and reasonable belief that the activity was not
sexual or that engaging in the activity in the presence of B was not contrary to
community standards of acceptable conduct is not a defence to this
offence—see section 49ZC.
Notes
3 A mistaken but honest and reasonable belief that the activity was
not sexual or that causing or allowing C to be present when B engages in
the activity was not contrary to community standards of acceptable
conduct is not a defence to this offence—see section
49ZC.
(e) C is—
(a) in person; or
Notes
3 A mistaken but honest and reasonable belief that the activity was
not sexual or that causing or allowing C to be present when B engages in
the activity was not contrary to community standards of acceptable conduct
is not a defence to this offence—see section 49ZC.
(b) B is a child under the age of 16 years during the whole of that
period.
(f) an offence against section 49H(1) (causing a child under the age
of 16
to be present during sexual activity);
(7) If, on the trial of A for an offence against subsection (1), the jury
is not satisfied that A is guilty of that offence but is satisfied
that A engaged in conduct during the particular period that
constitutes one or more instances of an offence against a provision
referred to in subsection (5)—
(8) Subsection (7) does not restrict the operation of section 239 of the
Criminal Procedure Act 2009.
(9) A prosecution for an offence under subsection (1) must not be
commenced without the consent of the Director of Public Prosecutions.
Notes
(a) in person; or
(a) that B in fact engaged in, or was involved in, the sexual activity
that was encouraged; or
(b) that any sexual activity that B engaged in, or was involved in,
was
the same activity that was encouraged; or
Notes
2 A mistaken but honest and reasonable belief that the activity was
not sexual is not a defence to this offence—see section
49ZC.
(d) B is—
(i) a child aged 16 or 17 years; and
(a) in person; or
(a) that B in fact engaged in, or was involved in, the sexual activity
that was encouraged; or
(b) that any sexual activity that B engaged in, or was involved in,
was
the same activity that was encouraged; or
Notes
3 A mistaken but honest and reasonable belief that the activity was
not sexual is not a defence to this offence—see section
49ZC.
(i) another person (B) who is a child under the age of 16 years;
or
(6) It is immaterial that A, B and C were all outside Victoria at the time
at which some or all of the conduct constituting an offence against subsection
(1) occurred, so long as A intended that the sexual offence would occur in
Victoria.
(b) murder where there are reasonable grounds to believe that a sexual
offence was also committed on the victim; or
(4) If A has at any time been found guilty of an offence against a law of
another State or a Territory of the Commonwealth which creates an offence
substantially similar to a sexual offence, that finding of guilt must be taken
for the purposes of this section to be a finding of guilt of a sexual
offence.
Note
(b) there is a substantial risk that a relevant child will become the
victim of a sexual offence committed by another person who is—
(6) It is immaterial that both A and the relevant child were outside
Victoria at the time at which some or all of the circumstances constituting an
offence against subsection (1) occurred, so long as the sexual offence was at
risk of occurring in Victoria.
(a) A—
(c) the person who has lawful charge of B (C) does not consent to B
being
taken away or detained; and
(g) B taking part in the sexual act would involve the commission by A,
or
the other person, or both, of an offence against section 38(1), 39(1), 40(1),
41(1) or a provision of this Subdivision (other than this section).
Note
See section 35C for the meaning of taking part in a sexual act.
Notes
1 A defence applies to this offence—see section 49X.
2 A mistaken but honest and reasonable belief that the sexual performance
did not occur in circumstances that involved payment, reward or other benefit to
any person is not a defence to this offence—see
section 49ZC.
(a) A intentionally—
Notes
2 A mistaken but honest and reasonable belief that the invitation or offer
did not involve payment, reward or other benefit to any person is not a defence
to this offence—see section 49ZC.
(c) A—
Note
A mistaken but honest and reasonable belief that B's engaging in sexual
conduct in relation to a child did not constitute an offence or, if the conduct
takes place outside Victoria, would not constitute an offence, is not a defence
to this offence—see section 49ZC.
Note
(2) A does not commit an offence against section 49H(1) if, at the
time at which the offence is alleged to have been
committed—
Note
Note
(4) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1)(b), (2)(b) or (3).
Notes
(4) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1), (2) or (3)(b).
Notes
(a) A and B are married to each other and the marriage is recognised
as
valid under the Marriage Act 1961 of the Commonwealth; or
(b) A—
(2) A does not commit an offence against section 49I(1) if, at the
time at which the offence is alleged to have been
committed—
(a) A and C are married to each other and the marriage is recognised
as
valid under the Marriage Act 1961 of the Commonwealth; or
(b) A—
Note
(a) A reasonably believed that A and B were married to each other and
that
the marriage was recognised as valid under the Marriage Act 1961 of the
Commonwealth; or
(b) A—
(i) was not more than 5 years older than B; and
(a) A reasonably believed that A and C were married to each other and
that
the marriage was recognised as valid under the Marriage Act 1961 of the
Commonwealth; or
(b) A—
(3) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1)(a) or (b)(ii) or (2)(a)
or (b)(ii).
Notes
(3) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1) or (2).
Note
Note
(i) sexual; or
Note
(8C)
Incest
In this Subdivision—
(a) A intentionally—
Notes
(a) A intentionally—
Notes
(a) A intentionally—
Notes
(a) A intentionally—
Notes
Note
Notes
1 The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.
(b) A has not engaged in sexual activity with B when B was under 18
years of age; and
(c) B has not at any time been under A's care, supervision or
authority.
Note
(b) A has not at any time been under B's care, supervision or
authority.
Note
Note
(a) Victoria Police or the police force or police service of any other
State or of the Northern Territory of Australia; or
"material" means—
(a) any film, audio, photograph, printed matter, image, computer game
or
text; or
(e) A knows that the material is, or probably is, child abuse
material.
(3) For the purposes of subsection (1), the ways in which A involves B in
the production of material may include—
(a) inviting or encouraging B to be involved, or offering B to be
involved, in the production of the material; or
Notes
3 Defences apply to this offence—see sections 51L, 51N, 51O, 51P, 51Q
and 51R.
4 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(c) A knows that the material is, or probably is, child abuse
material.
(3) For the purposes of subsection (1), the ways in which material is
produced may include—
Notes
2 Defences apply to this offence—see sections 51L, 51N, 51O, 51P, 51Q
and 51R.
3 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(c) A knows that the material is, or probably is, child abuse
material.
(a) the identity of any person to whom the material was distributed;
or
(4) It is immaterial that some or all of the child abuse material was
distributed outside Victoria, so long as A was in Victoria at some or all of the
time at which the material was distributed.
Notes
4 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(c) A—
Examples
2 A monitors traffic through a website and ensures that the web server
hardware and software are running correctly. A is aware that the website is
being used by other persons to download child abuse material.
(3) It is not necessary to prove the identity of the person using the
website to deal with child abuse material.
(a) the person using the website to deal with child abuse material was
in
Victoria; or
(b) the computer or device used to deal with child abuse material was
in
Victoria.
(5) It is immaterial that the person using the website to deal with child
abuse material was outside Victoria or that the computer or device used to deal
with child abuse material was outside Victoria,
so long as—
(a) some or all of the conduct constituting an offence against
subsection
(1) occurred in Victoria; or
Notes
3 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(c) A intends that the other person use the website to deal with child
abuse material.
(a) the identity of the person encouraged to use the website to deal
with
child abuse material; or
(b) that another person in fact used the website to deal with child
abuse
material; or
(c) if another person did in fact use the website to deal with child
abuse
material, that it was A's encouragement that caused the person to do
so.
(4) Despite anything to the contrary in Division 12, it is not an
offence for a person to attempt to commit an offence against
subsection (1).
(6) It is immaterial that the person being encouraged was outside Victoria
at the time the conduct constituting an offence against subsection (1) occurred,
so long as some or all of that conduct occurred in Victoria.
Notes
4 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(3) For the purposes of subsection (1), A possesses child abuse material
that is electronic material if A controls access to the material whether or not
A has physical possession of the electronic material.
Examples
1 A has an online storage account for electronic material accessible with a
username and password. A has control of what is stored in the account and
can move material around within the account or delete material from the
account. A has an electronic folder in the account that A has titled
'personal' in which A puts some electronic child abuse material. A
knowingly has possession of child abuse material.
Notes
3 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(c) A knows that the material is, or probably is, child abuse
material.
(3) For the purposes of subsection (1), the ways in which A accesses
material may include—
Notes
1 Exceptions apply to this offence—see sections 51J, 51K
and 51M.
2 Defences apply to this offence—see sections 51L, 51N, 51O, 51P, 51Q
and 51R.
3 A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
(b) A intends that B use the information for the purpose of avoiding
or reducing the likelihood of apprehension for an offence committed by B against
section 51B(1), 51C(1), 51D(1), 51E(1), 51F(1), 51G(1)
or 51H(1).
Examples
(a) the identity of the person to whom the information was provided;
or
(b) that the information was actually used by the other person.
(5) It is immaterial that the other person was outside Victoria at the
time at which some or all of the conduct constituting an offence against
subsection (1) occurred, so long as that conduct occurred in Victoria.
(6) For the purposes of subsections (4) and (5), information is provided
by A to B at the place where A is at the time of giving that information
irrespective of where B is at the time of receiving that information.
Note
A mistaken but honest and reasonable belief that reasonable persons would
not regard the child abuse material as offensive is not a defence to this
offence—see section 51U.
Note
Notes
(i) was not produced with the involvement of a person who was,
at the time
it was produced, under the age of 18 years; and
Examples
(3) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1)(a)(ii) or (b).
Notes
Example
Note
(2) A does not commit an offence against section 51B(1), 51C(1), 51D(1),
51G(1) or 51H(1) if—
Example
The image depicts the child (A) being raped by another person. The offences
in sections 51B(1), 51C(1), 51D(1), 51G(1) and 51H(1) do not apply to A in
respect of the image.
Note
(c) the image depicts one or more persons (whether or not it depicts
A);
and
(i) A was not more than 2 years older than the youngest child
depicted in the image; or
(ii) A reasonably believed that they were not more than 2 years
older than
the youngest child depicted in the image.
Examples
Notes
Notes
(b) at the time at which the image was first made, the child (B) whose
depiction in the image makes it child abuse material—
(c) the image does not depict an act that is a criminal offence
punishable
by imprisonment; and
(d) A does not distribute the image to any person other than B;
and
(3) For the purposes of subsection (1)(b), the reference to the time at
which the image was first made does not include a reference to any later time at
which a copy, reproduction or alteration of the image is made.
(4) A bears the burden of proving (on the balance of probabilities) the
matters referred to in subsection (1)(e) and (f).
Notes
(d) A does not distribute the image to any person other than B;
and
(ii) either A and B were married to each other and the marriage
was
recognised as valid under the Marriage Act 1961 of the Commonwealth or A
was B's domestic partner and was no more than 2 years older than B;
and
(iii) where A was B's domestic partner, if B was under A's care,
supervision or authority, the domestic partnership commenced before B came under
A's care, supervision or authority; and
(i) either A and B were married to each other and the marriage
was
recognised as valid under the Marriage Act 1961 of the Commonwealth or A
was B's domestic partner and was no more than 2 years older than B;
and
(3) For the purposes of subsection (1)(e), the reference to the time at
which the image was first made does not include a reference to any later time at
which a copy, reproduction or alteration of the image is made.
Notes
(d) A does not distribute the image to any person other than B;
and
(e) at the time at which the image was first made, A reasonably
believed
that—
(ii) either A and B were married to each other and that the
marriage was
recognised as valid under the Marriage Act 1961 of the Commonwealth or A was B's
domestic partner and was no more than 2 years older than B; and
(iii) where A was B's domestic partner, if B was under A's care,
supervision or authority, the domestic partnership commenced before B came under
A's care, supervision or authority; and
(i) either A and B were married to each other and that the
marriage was
recognised as valid under the Marriage Act 1961 of the Commonwealth or A was B's
domestic partner and was no more than 2 years older than B; and
(3) For the purposes of subsection (1)(e), the reference to the time at
which the image was first made does not include a reference to any later time at
which a copy, reproduction or alteration of the image is made.
(4) A bears the burden of proving (on the balance of probabilities) the
matter referred to in subsection (1)(e) and (f).
Notes
(b) modified the operation of the website so that it could not be used
to
deal with child abuse material;
(c) notified a police officer that the website is being, or has been,
used
to deal with child abuse material and complied with any reasonable directions
given to A by a police officer as to what to do in relation to that use of the
website;
Note
Note
Note
(2) In the proceeding for the child abuse material offence concerned,
evidence adduced by the prosecution of any of the authorised classifier's
findings as to the nature and content of the random sample is admissible as
evidence of the nature and content of the whole of the material from which the
random sample was taken.
(7) This section does not affect the operation of any provision of the
Criminal Procedure Act 2009 that restricts inspection by an accused of
evidence that is child abuse material.
Note
See sections 46(3), 125(3) and 185A of the Criminal Procedure Act
2009.
(8) The regulations may make further provision for or with respect to
the taking and admissibility of random sample evidence under this section,
including by providing for—
(b) the procedure for taking and examining random samples of material;
and
(a) that came into the possession of a police officer in the course of
the
exercise of functions as a police officer; and
Section 177 of the Evidence Act 2008 provides for the adducing of
expert evidence by the tendering of a certificate.
Note
(a) the court in which the proceeding was at the time at which
the event mentioned in subsection (1)(a)(i) to (iv) occurred; or
(5) The court may waive the requirement under subsection (3) to give
notice if satisfied either—
(a) that all persons who have an interest mentioned in that subsection
have appeared before the court; or
(b) that it is fair to waive the requirement despite a person who has
such
an interest not having appeared before the court.
(6) At any time before the final determination of the application, the
court may require the applicant to give notice of the application to any person,
in any manner and within any period that the court thinks fit.
(7) The following persons are entitled to appear and give evidence at the
hearing of the application—
(b) any other person who claims an interest in the seized thing or in
electronic material contained in the seized thing.
(8) However, the fact that a person mentioned in subsection (7) has not
appeared before the court does not prevent the court from making a child abuse
material disposal order.
Note
A child abuse material disposal order that relates to a seized thing that
is child abuse material results in forfeiture of the seized thing. A child abuse
material disposal order that relates to electronic material that is contained in
a seized thing results in forfeiture of the electronic material only.
(2) The court may only make a child abuse material disposal
order—
(3) The court has power to give any direction necessary to give effect to
a child abuse material disposal order made by it.
(4) Without affecting any other right of appeal, a person who has an
interest in a seized thing, or in electronic material contained in a seized
thing, may appeal against a child abuse material disposal order made in respect
of it.
(6) On appeal—
(b) the matter may be remitted for re-hearing to the court that made
the
order with or without any direction in law.
(7) A child abuse material disposal order is stayed during the appeal
period.
In this Subdivision—
Example
Example
Example
(a) A intentionally—
(c) A—
Notes
(a) A intentionally—
(c) A—
Notes
(d) A knows that B is, or probably is, present when A engages in the
activity; and
(f) A—
Notes
(f) A—
Notes
Example
Note
(a) A and the person who has a cognitive impairment or mental illness
are
married to each other and the marriage is recognised as valid under the Marriage
Act 1961 of the Commonwealth; or
(a) A and the person who has a cognitive impairment or mental illness
were
married to each other and that the marriage was recognised as valid under
the Marriage Act 1961 of the Commonwealth; or
(b) A was the domestic partner of the person who has a cognitive
impairment or mental illness.
Note
Note
Notes
(i) sexual; or
Note
* * * * *
* * * * *
Pt 1 Div. 1 Subdiv. (8F) (Heading and ss
59–61) inserted by No. 9509 s. 5, amended by Nos 10094 s. 14,
124/1986 ss 74(b)–(d), 80, substituted as Pt 1 Div. 1 Subdiv. (8F)
(Heading and s. 61) by No. 8/1991 s. 3, amended by Nos
81/1997 s. 6, 76/2006 s. 3, 14/2015 s. 79, substituted as Pt 1
Div. 1 Subdiv. (8F) (Heading and ss 53A–53G) by No. 47/2016
s. 16.
(8F) Sexual
servitude
S. 53A inserted by No. 47/2016
s. 16.
In this Subdivision—
"threat" means—
(c) threat of any other detrimental action unless there are reasonable
grounds for the threat of that action in connection with the provision of
commercial sexual services;
Example
(a) A—
(i) uses force against another person (B) or any other person;
or
(c) A—
(B) to not be free to leave the place or area where B provides commercial
sexual services; or
(B) to not be free to leave the place or area where B provides commercial
sexual services.
(b) the person against whom the offence is committed (B) is under the
age of 18 years; and
(a) A deceives another person (B) about the fact that an engagement
will involve the provision of commercial sexual services by B;
and
(b) the person against whom the offence is committed (B) is under the
age of 18 years; and
Notes
Note
(8G) Abrogation of
obsolete rules of law
(9) Child
stealing
S. 63(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 30(a)), 48/1997 s.
60(1)(Sch. 1 item 39(a)).
No person who has claimed any right to the possession of such child, or is
the mother or has claimed to be the father of an illegitimate child, shall be
liable to be prosecuted under this or the next succeeding subsection on account
of the getting possession of such child or taking such child out of the
possession of any person having the lawful care or charge thereof.
(2) Whosoever unlawfully takes decoys or entices away any child under the
age of sixteen years out of the possession and against the will of the child's
parent or guardian or of any other person having the lawful care or charge of
the child shall be guilty of an indictable offence, and shall be liable to
level 6 imprisonment (5 years maximum).
Note
(10)
Bigamy
No. 6103 s. 64.
(11) Attempts to
procure abortion
(2) A woman who consents to, or assists in, the performance of an abortion
on herself is not guilty of an offence against this section.
* * * * *
Pt 1 Div. 1 Subdiv. (14) (Heading and
s. 70) repealed by No. 9509 s. 6, new Pt 1 Div. 1 Subdiv. (14)
(Heading and ss 70AB, 70AC) inserted by No. 20/2004 s. 7, repealed by
No. 47/2016 s. 18.
* * * * *
Division
1A—Piracy
(c) unlawfully does any act by which the life of any such person may
be
endangered—
(i) turns pirate, enemy or rebel, and piratically runs away with
the ship,
or any boat, munitions or goods;
(2) Any person who commits a piratical act shall be guilty of an offence
and shall be liable on conviction upon indictment to—
(1721) 8 George I,
c. XXIV
s. 1.
(c) fits out any vessel with a design to trade with, supply or
correspond
with any pirate; or
S. 70D(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 39), 48/1997 s.
60(1)(Sch. 1 item 51).
(1) Any person who is found in Victoria on board any vessel equipped for
the purposes of piracy shall be guilty of an offence and shall be liable on
conviction upon indictment to level 6 imprisonment (5 years maximum).
(2) It shall be a defence to a charge under subsection (1) if the
person charged proves—
(b) that he did not know that the vessel was equipped for the purposes
of
piracy.
Division
2—Theft and similar or associated offences
(2) A person who steals is guilty of theft; and "thief" shall be construed
accordingly.
(6) A person cannot steal land, or things forming part of land and severed
from it by him or by his directions, except in the following cases, that is to
say—
(a) when he is a trustee or personal representative, or is authorized
by
power of attorney, or as liquidator of a company, or otherwise, to sell or
dispose of land belonging to another, and he appropriates the land or anything
forming part of it by dealing with it in breach of the confidence reposed in
him; or
(a) for stealing a motor vehicle or an aircraft proof that the person
charged took or in any manner used the motor vehicle or aircraft without the
consent of the owner or person in lawful possession thereof shall be conclusive
evidence that the person charged intended to permanently deprive the owner of
it; and
Heading preceding
s. 74inserted by No. 8425
s. 2(1)(b).
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. 75(1) amended
by No. 9323 s. 2(a).
Note
(a) the offender has with him or her a firearm at the time of the
offence;
or
(c) the offence was committed by the offender in company with one or
more
other persons.
S. 77(1) amended
by Nos 9008s.
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.
(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. 77A inserted by
No. 50/2016 s. 3.
(b) the person enters the home in company with one or more other
persons;
and
(c) either—
(i) at the time the person enters the home, the person has with
them a
firearm, an imitation firearm, an offensive weapon, an explosive or an imitation
explosive; or
(3) A person who commits a home invasion commits an offence and is liable
to level 2 imprisonment (25 years maximum).
Note
S. 77B inserted by
No. 50/2016 s. 3.
CRIMES ACT 1958
- SECT 77B
Aggravated home invasion
(b) the person enters the home in company with 2 or more other
persons;
and
(d) at any time while the person is present in the home, another
person
(other than a person referred to in paragraph (b)) is present in the
home.
Notes
Note 1AA
to s. 77B inserted by
No. 48/2018 s. 90(a).
Note 2
to s. 77B amended by
No. 48/2018 s. 90(b), repealed by No. 23/2020
s. 15.
* * * * *
S. 77C inserted by
No. 50/2016 s. 3.
(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.
"vehicle" includes—
Note to s. 79 inserted by
No. 48/2018 s. 91.
Note
S. 79A inserted by
No. 50/2016 s. 4.
(a) at the time the person has with them a firearm, an imitation
firearm, an offensive weapon, an explosive or an imitation explosive;
or
Notes
Note 1AA
to s. 79A inserted by
No. 48/2018 s. 92(a).
1AA An offence against this section is a category 1 offence under the
Sentencing Act 1991. See section 5(2G) of that Act for the
requirement to impose a custodial order for this offence.
Note 2
to s. 79A amended by
No. 48/2018 s. 92(b), repealed by No. 23/2020
s. 16.
* * * * *
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).
Fraud and
blackmail
(1) If—
those sections apply to the act or thing or the omission as if it had been
done, or omitted to be done, wholly within Victoria.
(2) For the purposes of subsection (1), there is a real and substantial
link with Victoria—
(b) where the act or thing was done, or the omission occurred, wholly
outside Victoria, if the act or thing was done, or omitted to be done, with the
intention that substantial harmful effects arise in Victoria and such effects
did arise.
S. 81 amended by Nos 6561 s. 2, 7263
s. 2(a), 8247 s. 3, substituted by Nos 8280 s. 10, 8425
s. 2(1)(b).
S. 81(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 40), 48/1997 s.
60(1)(Sch. 1 item 59).
(3) Subsections (12) and (13) of section 73 shall apply for purposes of
this section, with the necessary adaptation of the reference to appropriating,
as it applies for purposes of section 72.
to make a response that the person doing or omitting to do the act or thing
is not authorised to cause the computer system or machine to make.
S. 82(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 40), 48/1997 s.
60(1)(Sch. 1 item 59).
S. 83(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 60).
(1) Where a person dishonestly, with a view to gain for himself or another
or with intent to cause loss to another—
(2) For purposes of this section a person who makes or concurs in making
in an account or other document an entry which is or may be misleading, false or
deceptive in a material particular, or who omits or concurs in omitting a
material particular from an account or other document, is to be treated as
falsifying the account or document.
S. 83A(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(1) A person must not make a false document with the intention that he or
she, or another person, shall use it to induce another person to accept it as
genuine, and by reason of so accepting it to do or not to do some act to that
other person's, or to another person's prejudice.
(2) A person must not use a document which is, and which he or she knows
to be, false, with the intention of inducing another person to accept it as
genuine, and by reason of so accepting it to do or not to do some act to that
other person's, or to another person's prejudice.
(3) A person must not make a copy of a document which is, and which he or
she knows to be, a false document, with the intention that he or she, or another
person, shall use it to induce another person to accept it as a copy of a
genuine document and by reason of so accepting it to do or not to do some act to
that other person's, or to another person's prejudice.
(5) A person must not have in his or her custody, or under his or her
control, a document which is, and which he or she knows to be, false, with the
intention that the person or another shall use it to induce another person to
accept it as genuine, and by reason of so accepting it to do or not to do some
act to that other person's, or to another person's, prejudice.
(5A) A person must not, with the intention that he or she may commit an
offence against subsection (1), make, or have in his or her custody, or under
his or her control, a machine or implement, or paper or other material, which
is, and which he or she knows to be, specially designed or adapted for the
making of a document which, if made by him or her, would be false.
(5B) A person must not, with the intention that another person may commit
an offence against subsection (1), make, or have in his or her custody, or under
his or her control, a machine or implement, or paper or other material, which
is, and which he or she knows to be, specially designed or adapted for the
making of a document which, if made by that other person, would be
false.
(a) to have been made in the form in which it is made by a person who
did
not in fact make it in that form; or
(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
(e) to have been altered in any respect by a person who did not in
fact
alter it in that respect; or
(h) to have been made or altered by an existing person who did not in
fact
exist.
(b) if—
(2) Where the affairs of a body corporate are managed by its members, this
section shall apply in relation to the acts and defaults of a member in
connexion with his functions of management as if he were a director of the body
corporate.
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).
(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.
S. 86(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 64).
(1) A person who dishonestly, with a view to gain for himself or another
or with intent to cause loss to another, destroys, defaces or conceals any
valuable security, any will or other testamentary document or any original
document of or belonging to, or filed or deposited in, any court of justice or
any government department is guilty of an indictable offence and liable to level
5 imprisonment (10 years maximum).
(2) A person who dishonestly, with a view to gain for himself or another
or with intent to cause loss to another, by any deception procures the execution
of a valuable security is guilty of an indictable offence and liable to level 5
imprisonment (10 years maximum) and this subsection shall apply in relation
to the making, acceptance, indorsement, alteration, cancellation or destruction
in whole or in part of a valuable security, and in relation to the signing or
sealing of any paper or other material in order that it may be made or converted
into, or used or dealt with as, a valuable security, as if that were the
execution of a valuable security.
(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.
Heading preceding s. 88
inserted by No. 8425
s. 2(1)(b).
S. 88(1)
amended by No. 59/2004 s. 3.
(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.
If—
(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.
(4) For purposes of the provisions of this Act relating to goods which
have been stolen (including subsections (1)(2) and (3)) goods obtained in
Victoria or elsewhere either by blackmail or in the circumstances described in
subsection (1) of section 81 shall be regarded as stolen; and
"steal", theft and thief shall be
construed accordingly.
Heading preceding
s. 91inserted by No. 8425
s. 2(1)(b).
Possession of housebreaking
implements, &c.
S. 91(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 67(a)).
(1) A person shall be guilty of a summary offence if, when not at his
place of abode, he has with him any article for use in the course of or in
connexion with any burglary, theft or cheat.
(3) Where a person is charged with an offence under this section, proof
that he had with him any article made or adapted for use in committing a
burglary, theft or cheat shall be evidence that he had it with him for such
use.
(4) On the conviction of a person for an offence under this section, the
court may order the article to be forfeited to the Crown and disposed of in the
manner set out in the order.
any stolen goods, the magistrate may grant a warrant to search for and
seize those goods.
S. 92(2) amended by
No. 37/2014 s. 10(Sch. item 36.7).
(2) A police officer not below the rank of inspector may give a constable
written authority to search any premises for stolen goods—
(b) if a person who has been convicted within the preceding five years
of
handling stolen goods has within the preceding twelve months been in occupation
of the premises.
S. 93(1)
amended by No. 68/2009 s. 97(Sch. item 40.8).
(1) Any number of persons may be charged in one indictment with reference
to the same theft, with having at different times or at the same time handled
all or any of the stolen goods, and the persons so charged may be tried
together.
(2) On the trial of two or more persons for jointly handling any stolen
goods the jury may find any of the accused guilty if the jury are satisfied that
he handled all or any of the stolen goods, whether or not he did so jointly with
the other accused or any of them.
* * * * *
Heading preceding s. 95
inserted by No. 8425
s. 2(1)(b).
* * * * *
* * * * *
Ss 96–174
repealed.[4]
* * * * *
Secret commissions
prohibition
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).
S. 175(1)
def. of
trustee amended by Nos
25/1989 s. 20(c), 52/1998s.
311(Sch. 1 item 17), 57/2014 s. 149, 13/2019 s. 221(Sch. 1 item
11).
(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
(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—
(1) Any valuable consideration given or offered to any parent husband wife
or child of any agent or to his partner clerk or employee or at the agent's
request to any person by any person having business relations with the principal
of such agent shall be deemed to have been given or offered to the
agent.
If with intent to deceive or defraud the principal any person gives to any
agent or any agent receives or uses or gives to the principal any receipt
invoice account or document in respect of which or in relation to a dealing
transaction or matter in which the principal is interested and
which—
(b) omits to state explicitly and fully the fact of any commission
percentage bonus discount rebate repayment gratuity or deduction having been
made given or allowed or agreed to be made given or allowed—
(1) Whenever any advice is given by one person to another and such advice
is in any way intended to induce or influence the person
advised—
and any valuable consideration is given by such third person to the person
giving the advice without the assent of the person advised the gift or receipt
of the valuable consideration shall be an indictable offence, but this
subsection shall not apply when the person giving the advice was to the
knowledge of the person advised the agent of such third person, or when the
valuable consideration was not given in respect of such advice.
and with the intent that the gift or receipt of such valuable consideration
is not to be made known to the person advised shall be an indictable offence,
but this subsection shall not apply when such first‑mentioned person is
the agent of the person offering or solicited.
* * * * *
* * * * *
Every person who being within Victoria knowingly aids, abets, counsels, or
procures, or who attempts or takes part in or is in any way privy
to—
(b) doing any act or thing outside Victoria, or partly within and
partly
outside Victoria, which if done within Victoria would be in contravention of
this subdivision—
Every director manager or officer of a company and every person acting for
another who knowingly takes part in or is in any way privy to doing or who
attempts to do any act or thing without authority which if authorized would be
in contravention of any of the provisions of this subdivision shall be guilty of
an indictable offence, and shall—
* * * * *
* * * * *
Provided that—
(2) For the purposes of this subdivision where it is proved that any
valuable consideration has been received or solicited by an agent from or given
or offered to an agent by any person having business relations with the
principal without the assent of the principal the burden of proving that such
valuable consideration was not received solicited given or offered in
contravention of any of the provisions of this subdivision shall be on the
accused.
S. 186(3) repealed by No. 7546
s. 5.
* * * * *
* * * * *
* * * * *
Fraudulently inducing
persons to invest
* * * * *
No. 6103 s. 191.
S. 191(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 49), 48/1997 s.
60(1)(Sch. 1 item 69).
(1) Any person who, by any statement promise or forecast which he knows to
be misleading false or deceptive or by any dishonest concealment of material
facts or by the reckless making of any statement promise or forecast which is
misleading false or deceptive, induces or attempts to induce another
person—
(2) Any person guilty of conspiracy to commit any offence against the last
preceding subsection shall be punishable as if he had committed such an
offence.
S. 191(3) amended by No. 6716 s. 2(Sch.
1).
"securities" means—
* * * * *
* * * * *
* * * * *
Pt 1 Div. 2AA (Heading and ss
192A–192E) inserted by No.
22/2009 s. 3.
Division
2AA—Identity crime
In this Division—
(l) an Australian Business Number within the meaning of the A New Tax
System (Australian Business Number) Act 1999 of the Commonwealth.
(a) who is aware that, or aware that there is a substantial risk that,
the
information is identification information; and
Note
(2) A person may be found guilty of an offence against this section even
if the commission of the indictable offence is impossible.
(a) who is aware that, or aware that there is a substantial risk that,
the
information is identification information; and
(2) A person may be found guilty of an offence against this section even
if the commission of the indictable offence is impossible.
(a) who intends to use, or who intends that another person will use,
the
equipment to make, use, supply or retain identification documentation;
and
(2) A person may be found guilty of an offence against this section even
if the commission of the indictable offence is impossible.
Division
2A—Money laundering etc.
(2) A person must not deal with proceeds of crime knowing that it is
proceeds of crime.
(3) A person must not deal with proceeds of crime being reckless as to
whether or not it is proceeds of crime.
(4) A person must not deal with proceeds of crime being negligent as to
whether or not it is proceeds of crime.
(a) the person deals with property intending that the property will
become
an instrument of crime; and
(a) the person deals with property being reckless as to whether or not
the
property will become an instrument of crime; and
(4) A prosecution for an offence under this section must not be commenced
without the consent of the Director of Public Prosecutions.
(5) It is a defence to a prosecution for an offence under this section if
the accused satisfies the court that the accused dealt with the property in
order to assist the enforcement of a law of the Commonwealth, a State or a
Territory.
Division
2B—Cheating at gambling
"bet" includes—
(a) affects or, if engaged in, would or would be likely to affect the
outcome of any type of betting on the event or event contingency; and
(a) do an act; or
S. 195E(2)(a) substituted by
No. 37/2014 s. 10(Sch. item 36.8).
Division
2C—Offences against public order
(5) Subsection (4) does not affect the determination for the purposes of
subsection (1) of the number of persons who are engaging in the
conduct referred to in subsection (1).
Division
3—Criminal damage to 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)).
(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—
(b) he knows or believes that his conduct is more likely than not to
result in destruction of or damage to property.
(5) For the purposes of subsection (2), a person who destroys or damages
property shall be treated as intending thereby to endanger the life of another
if, but only if—
(b) he knows or believes that the life of another is more likely than
not
to be endangered by the destruction or damage.
Note
shall, if he made the threat with the purpose of causing the other to fear
that it would be carried out, be guilty of an indictable offence and liable to
level 6 imprisonment (5 years maximum).
* * * * *
S. 201 repealed by No. 9228 s. 2(1)(c),
new s. 201 inserted by No. 9228 s. 2(1)(d).
(2) A person charged with an offence to which this section applies shall,
whether or not he would be treated for the purposes of this subdivision as
having a lawful excuse apart from this subsection, be treated for those purposes
as having a lawful excuse—
(a) the person caused the fire in the course of carrying out a fire
prevention, fire suppression or other land management activity; and
(ii) the person believed that his or her conduct in carrying out
the
activity was justified having regard to all of the circumstances.
(iii) failing to contain a fire, except where the fire was lit
by another
person or the fire is beyond the control of the person who lit the
fire;
(b) spread of the fire means spread of the fire beyond the
capacity of the person who caused the fire to extinguish it.
* * * * *
* * * * *
* * * * *
* * * * *
New Pt 1 Div. 3 Subdiv. (2)
(Heading) inserted by No. 9228 s. 2(1)(e).
(2) Injuries to
buildings &c. by rioters andforcible entries and
detainers
S. 207(1)
repealed by No. 44/1997s.
3.
* * * * *
(2) No person being in actual possession of land for a period of less than
three years by himself or his predecessors shall without colour of right hold
possession of it in a manner likely to cause a breach of the peace or a
reasonable apprehension of a breach of the peace against a person entitled by
law to the possession of the land and able and willing to afford reasonable
information as to his being so entitled.
* * * * *
Pt 1 Div. 3 Subdivs (6)(7) (Headings and
ss 211–222) amended by No.
7876 s. 2(3), repealed by No. 9228 s. 2(1)(c).
* * * * *
* * * * *
New Pt 1 Div. 3
Subdiv. (3) (Heading) inserted by
No. 9228 s. 2(1)(f).
(3) Interference
with mines, sea banks &c.,railways and navigation
aids
* * * * *
* * * * *
* * * * *
* * * * *
S. 235 amended by Nos 7876 s. 2(3),
8247 s. 4, repealed by No. 9228 s. 2(1)(c).
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
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).
(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
* * * * *
* * * * *
(5) False
statements
S. 247 repealed by No. 9228 s. 2(1)(c),
new s. 247 inserted by No. 9228 s. 2(1)(h) (as amended by
No. 9427 s. 6(1)), amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 56), 48/1997 s.
60(1)(Sch. 1 item 83).
(6) Computer
offences
S. 247A inserted by No. 10/2003
s. 5.
(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
data includes—
(b) data held in any removable data storage device for the time being
in
the computer; and
A person who—
A person who—
(3) A person may be found guilty of an offence against this section even
if committing the serious computer offence is impossible.
(4) It is not an offence to attempt to commit an offence against this
section.
(3) A person may be found guilty of an offence against this section even
if committing the serious computer offence is impossible.
(7)
Sabotage
S. 247J inserted by No. 10/2003
s. 6.
(e) a public place, including any premises, land or water open to the
public;
A person who—
(b) intends that person to fear that the threat will be carried out
and
will cause—
(c) fear that a threat will be carried out includes apprehension that
it
will be carried out.
* * * * *
* * * * *
* * * * *
Pt 1 Div. 4 (Heading and
ss 252–289) amended by Nos 7705 s. 10, 7876 s. 2(3), 8181
s. 2(1)(Sch. item 34), 8750
s. 96, 9019 s. 2(1)(Sch.
items 36, 37), 9576 s. 11(1), 10087 s. 3(1)(Sch. 1 item 25), 10244
s. 10, repealed by No. 25/1989 s. 8(1), new Pt 1 Div. 4
(Heading and s. 248) inserted by No. 95/1994
s. 5.
Division
4—Contamination of goods
Note
S. 250(1)
amended by No. 66/2005 s. 4(2)(a).
(1) A person must not make a threat that goods will be contaminated with
the intention of causing, or being reckless as to whether or not the threat
would cause—
(2) For the purposes of this section, a threat may be made by any conduct,
and may be explicit or implicit and conditional or unconditional.
Note
(a) with the intention of inducing the person to whom the statement is
made or others to believe that goods have been contaminated; and
Note
Division
5—Destruction of evidence
In this Division—
(b) either—
Notes
2 The maximum fine that may be imposed on a body corporate found guilty of
an offence against this section is 3000 penalty units: see Sentencing
Act 1991 s. 113D.
(2) This section applies with respect to a legal proceeding, whether the
proceeding is one that is in progress or is to be, or may be, commenced in the
future.
(c) intention—
(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.
(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.
Pt 1 Div. 5A (Heading
and new ss 256, 257) inserted
by No. 34/2016 s. 40.
Division
5A—Intimidation and reprisals relating to witnesses,
etc.
because the offender knows or believes that the victim or another person
is, was, may be or may become involved in a criminal investigation or a criminal
proceeding.
(b) either—
(3) Subsection (2) applies whether or not the conduct arouses apprehension
or fear in the victim.
(b) the victim was outside Victoria at the time at which some or all
of the conduct constituting an offence against subsection (1) occurred, so long
as that conduct occurred in Victoria; or
Division
6—Perjury
S. 314(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 59), 48/1997 s.
60(1)(Sch. 1 item 85).
(2) Where in any Act it is provided that any person shall be liable to the
penalties of perjury or shall be guilty of perjury or shall be deemed to have
committed perjury or any similar expression is used such person shall be deemed
to have committed an offence against subsection (1) and may be proceeded against
tried and punished accordingly.
Note
Division
7—Unlawful oaths
S. 316(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 86(a)).
(b) takes any such oath or engagement not being compelled to do so;
or
(c) induces or attempts to induce any person to take any such oath or
engagement—
(b) takes any such oath or engagement not being compelled to do so;
or
(c) induces or attempts to induce any person to take any such oath or
engagement—
(3) A person who takes any such oath or engagement as is mentioned in the
last two preceding subsections cannot set up as a defence that he was compelled
to do so unless within fourteen days after taking it or if he is prevented by
actual force or sickness within fourteen days after the termination of such
prevention he declares by evidence on oath before some member of the Executive
Council or a magistrate or if he is on actual service in Her Majesty's forces by
sea or land either by such evidence or by evidence on oath before his commanding
officer the whole of what he knows concerning the matter, including the person
or persons by whom and in whose presence and the place where and the time when
the oath or engagement was administered or taken.
(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[19]
S. 317(1) def. of
public place inserted by
No. 25/2009 s. 4(1)(b).
S. 317(1) def. of
vehicle inserted by
No. 25/2009 s. 4(1)(b).
(2) Any person who unlawfully and maliciously causes by any explosive
substance an explosion of a nature likely to endanger life or to cause serious
injury to property shall, whether any injury to person or property has been
actually caused or not, be guilty of an indictable offence, and shall be liable
to level 4 imprisonment (15 years maximum).
(b) makes or has in his possession or under his control any explosive
substance with intent by means thereof to endanger life or cause serious injury
to property or to enable any other person by means thereof to endanger life or
cause serious injury to property—
shall, whether any explosion does or does not take place and whether any
injury to person or property has been actually caused or not, be guilty of an
indictable offence, and shall be liable to level 5 imprisonment (10 years
maximum).
(4) Any person who makes or knowingly has in his possession or under his
control any explosive substance, under such circumstances as to give rise to a
reasonable suspicion that he is not making it or does not have it in his
possession or under his control for a lawful object shall, unless he can show
that he made it or had it in his possession or under his control for a lawful
object, be guilty of an indictable offence, and shall be liable to level 6
imprisonment (5 years maximum).
* * * * *
* * * * *
(7) In any indictment the same criminal act may be charged in different
charges as constituting different crimes under this Division, and upon the trial
of any such indictment the prosecution shall not be put to its election as to
the charge on which it must proceed.
(8) This Division shall not exempt any person from any indictment or
proceeding for a crime or offence which is punishable at common law or by any
enactment other than this Division but no person shall be punished twice for the
same criminal act.
(b) The police officer making the search may arrest without warrant
any
person found on the premises or on or in the vehicle in the public place whom he
has reason to believe to be guilty of an offence under this Division.
S. 317A(1)
amended by Nos 48/1997 s.
60(1)(Sch. 1 item 88), 69/1997s.
22(7).
with the intention of inducing in another person a false belief that the
article or substance is likely to explode or ignite or discharge a dangerous or
deleterious matter.
Note
Division
8A—Driving offences connected with emergency workers, custodial
officers, youth justice custodial workers and emergency
service vehicles
S. 317AB inserted by
No. 65/2017 s. 3.
S. 317AB(2)(b) amended by
No. 65/2017 s. 5(2)(a).
S. 317AB(2)(c) inserted by
No. 65/2017 s. 5(2)(b).
S. 317AC inserted by
No. 65/2017 s. 3.
S. 317AC(1)(a) amended by
No. 65/2017 s. 7(1).
S. 317AC(1)(b) amended by
Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(c) without lawful excuse, drives the motor vehicle and intends to
expose
the other person to a risk to safety—
S. 317AC(2) amended by
Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(2) For the purposes of subsection (1), the person is taken to know
that the other person is an emergency worker, a custodial officer or a
youth justice custodial worker (as the case may be) if—
S. 317AC(2)(a) amended by
Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
S. 317AC(2)(c) amended by
Nos 65/2017 s. 7(2)(3), 3/2019 s. 5(2).
(c) the fact that the other person is an emergency worker, a custodial
officer or a youth justice custodial worker is reasonably apparent,
having regard to all the circumstances, including the conduct and manner of
the emergency worker, custodial officer or youth justice custodial worker.
S. 317AC(3) amended by
No. 65/2017
s. 7(3).[21]
* * * * *
Notes
2 See section 10AE(1) of the Sentencing Act 1991 for the requirement
that a term of imprisonment be imposed for an offence against section 317AC and
that a non-parole period of not less than 2 years be fixed under section 11 of
that Act if an emergency worker on duty, a custodial officer on duty or a youth
justice custodial worker on duty was injured in the commission of the offence
unless the court finds under section 10A of that Act that a special reason
exists.
3 Section 16(3D) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section must,
unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
S. 317AD inserted by
No. 65/2017 s. 3.
(a) the motor vehicle driven by the person in the commission of the
offence against section 317AC is stolen and the person knows that, or is
reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AC in connection
with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AC in connection
with another indictable offence committed by that person, punishable by 10 years
imprisonment or more.
(2) For the purposes of subsection (1)(b) and (c), the offences are
connected if—
S. 317AD(3) amended by
No. 65/2017 s. 9(1).
Notes
3 See section 10AE(1) of the Sentencing Act 1991 for the requirement
that a term of imprisonment be imposed for an offence against section 317AD and
that a non-parole period of not less than 2 years be fixed under section 11 of
that Act if an emergency worker on duty, a custodial officer on duty or a youth
justice custodial worker on duty was injured in the commission of the offence
unless the court finds under section 10A of that Act that a special reason
exists.
4 Section 16(3D) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section must,
unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
S. 317AE inserted by
No. 65/2017 s. 3.
S. 317AE(1)(a) amended by
No. 65/2017 s. 11(1).
S. 317AE(1)(b) amended by
No. 65/2017 s. 11(2).
(c) without lawful excuse, drives the motor vehicle and recklessly
exposes
the other person to a risk to safety—
S. 317AE(2) amended by
No. 65/2017 s. 11(2).
(2) For the purposes of subsection (1), the person is taken to know
that the other person is an emergency worker, custodial officer or youth justice
custodial worker (as the case may be) if—
S. 317AE(2)(a) amended by
No. 65/2017 s. 11(2).
S. 317AE(2)(c) amended by
No. 65/2017 s. 11(2)(3).
(c) the fact that the other person is an emergency worker, custodial
officer or youth justice custodial worker is reasonably apparent, having regard
to all the circumstances, including the conduct and manner of the emergency
worker, custodial officer or youth justice custodial worker.
S. 317AE(3) amended by
No. 65/2017 s. 11(3).
Note
Section 16(3D) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section must,
unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
S. 317AF (Heading) amended by
No. 65/2017 s. 12.
S. 317AF inserted by
No. 65/2017 s. 3.
S. 317AF(1)
amended by No. 65/2017 s. 13.
(a) the motor vehicle driven by the person in the commission of the
offence against section 317AE is stolen and the person knows that, or is
reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AE in connection
with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AE in connection
with another indictable offence committed by that person, punishable by 10 years
or more imprisonment.
(2) For the purposes of subsection (1)(b) and (c), the offences are
connected if—
S. 317AF(3) amended by
No. 65/2017 s. 13.
(3) A person guilty of the aggravated offence of recklessly exposing
an emergency worker, a custodial officer or a youth justice custodial
worker to risk by driving is guilty of an indictable offence and liable to level
5 imprisonment (10 years maximum).
Notes
2 Section 16(3D) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section
must, unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
S. 317AG inserted by
No. 65/2017 s. 3.
(2) To be guilty of an offence under subsection (1), the person must know
that, or be reckless as to whether, the other vehicle is an emergency
service vehicle.
(3) For the purposes of subsection (2), the person is taken to know that
the other vehicle is an emergency service vehicle if—
(d) the fact that the motor vehicle is an emergency service vehicle
is reasonably apparent, having regard to all of the circumstances,
including the manner in which the emergency service vehicle is being
driven.
S. 317AG(4) amended by
No. 65/2017 s. 14(2).
S. 317AG(4)(a) amended by
No. 65/2017 s. 14(1).
S. 317AG(4)(b) amended by
No. 65/2017 s. 14(1).
Note
Section 16(3D) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for an offence against this section must,
unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
Division
9—Driving offences connected
with motor vehicles
S. 317B(1)
def. of vessel
amended by No. 65/2010 s. 420(Sch. 3
item 3).
(a) a person may operate a vessel that is at anchor, made fast to the
shore or aground;
(b) a person does not operate a vessel solely because the person is in
charge of the vessel.
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.
Note
Note
(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
* * * * *
Note
S. 319(1B) inserted by
No. 48/2018 s. 19A.
S. 319AA(1)(a) amended by
No. 37/2014 s. 10(Sch. item 36.9).
S. 319AA(1)(b) amended by
No. 37/2014 s. 10(Sch. item 36.9).
S. 319AA(2)(c) amended by
No. 37/2014 s. 10(Sch. item 36.9).
* * * * *
Division
9AA—Offences connected with dangerous, menacing and restricted breed
dogs and related court powers
S. 319A inserted by
No. 55/2011 s. 3.
In this Division—
* * * * *
S. 319B inserted by
No. 55/2011 s. 3.
CRIMES ACT 1958
- SECT 319B
Failure to control dangerous, menacing or restricted breed dog that kills person
(1) If—
(c) a reasonable person would have realised that that failure would
expose
the victim or any other person to an appreciable risk of death—
(2) If—
(a) a person (other than the owner of a dangerous dog, menacing dog or
restricted breed dog)—
(i) is, for the time being, in charge or has care of the dog;
and
(c) a reasonable person would have realised that that failure would
expose
the victim or any other person to an appreciable risk of death—
S. 319C inserted by
No. 55/2011 s. 3.
S. 319C(1)
amended by No. 8/2014 s. 34(1).
(1) An owner of a dangerous dog, menacing dog or restricted breed dog who,
without lawful excuse, recklessly engages in conduct so that the dog is not
under control, and that conduct places or may place another person in danger of
death, is guilty of an indictable offence and liable to level 6
imprisonment (5 years maximum).
(2) A person (other than the owner of a dangerous dog, menacing dog or
restricted breed dog) who—
(a) for the time being, is in charge or has care of the dog; and
Subdivision
2—Disqualification of person from owning or being in charge or control of
a dog
(a) that the person be disqualified for the period (not exceeding 10
years) specified in the order, from owning or being in charge or control of a
dog; or
(b) that the conditions, specified in the order, apply for the period
specified in the order to the person whenever the person is in charge or control
of a dog.
S. 319E inserted by No. 8/2014
s. 35.
(c) to dispose of the dog in accordance with the directions set out in
the
warrant.
(a) for any period which the court considers necessary for the person
subject to the order to make arrangements for the custody of a dog; or
(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
(2) In making an order under subsection (1), the court may have regard to
any one or more of the following matters—
(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.
Division
9A—Penalties for certaincommon law
offences
New s. 320
inserted by No. 48/1997
s. 56, amended by No. 8/2008
s. 13.
TABLE
Column 1
Column 2
* * * *
Breach of prison
Common assault
Criminal defamation
Embracery
False imprisonment
Kidnapping
Public nuisance
* * * *
* * * *
Unlawful assembly
* * * *
Note
(a) at the time of the assault, the person who commits the assault
(the
offender) has an offensive weapon readily available; and
(b) the person assaulted (the victim) is a police officer on
duty or a protective services officer on duty; and
Notes
2 Section 16(3E) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for a common assault at common
law if committed in certain circumstances must, unless otherwise directed
by the court, be served cumulatively on any uncompleted sentence or
sentences of imprisonment imposed on that offender, whether before or
at the same time as that term.
(2) Despite section 320, the maximum term of imprisonment for common
assault is level 4 imprisonment (15 years maximum) if—
(a) at the time of the assault, the person who commits the assault
(the
offender) has a firearm or an imitation firearm readily available;
and
Notes
2 Section 16(3E) of the Sentencing Act 1991 requires that every term
of imprisonment imposed on a person for a common assault at common law if
committed in certain circumstances must, unless otherwise directed by the
court, be served cumulatively on any uncompleted sentence or sentences
of imprisonment imposed on that offender, whether before or at the same
time as that term.
(3) For the purposes of subsections (1) and (2), a person has an offensive
weapon, a firearm or an imitation firearm readily available if the offensive
weapon, the firearm or the imitation firearm is—
Division
10—Conspiracy
(a) must intend that the offence the subject of the agreement be
committed; and
(b) must intend or believe that any fact or circumstance the existence
of
which is an element of the offence will exist at the time when the conduct
constituting the offence is to take place.
(a) if the penalty for the relevant offence is fixed by law, the
person
shall be liable to a penalty not exceeding the penalty for the relevant
offence;
S.
321C(1)(ba)(i) amended by No.
48/1997 s. 60(1)(Sch. 1 item
90(b)(ii)).
(c) subject to paragraphs (a), (b), (ba) and (d), if the relevant
offence,
or any of the relevant offences, is an offence for which a maximum penalty is
prescribed by law, the person shall be liable to a penalty not exceeding that
maximum penalty or the accumulated maximum penalties, as the case may be;
or
(a) the person shall, if the relevant offence, or any of the relevant
offences, is punishable by a term of imprisonment, be liable to a term of
imprisonment not exceeding the maximum term of imprisonment prescribed in
respect of the relevant offence; and
(b) the person shall, in any other case, be liable to a level 6 fine
(600
penalty units maximum).
(2) Where—
(b) proceedings may not be instituted for that offence because a time
limit applicable to the institution of such proceedings has
expired—
proceedings under section 321 for conspiracy to commit that offence shall
not be instituted against any person on the basis of that agreement.
Division
11—Incitement
(a) must intend that the offence the subject of the incitement be
committed; and
(b) must intend or believe that any fact or circumstance the existence
of
which is an element of the offence in question will exist at the time when the
conduct constituting the offence is to take place.
(a) if the penalty for the relevant offence is fixed by law, the
person
shall be liable to a penalty not exceeding the penalty for the relevant
offence;
S.
321I(1)(ba)(i) substituted by No.
48/1997 s. 60(1)(Sch. 1 item
92(b)(ii)).
(c) subject to paragraphs (a), (b), (ba) and (d), if the relevant
offence,
or any of the relevant offences is an offence for which a maximum penalty is
prescribed by law, the person shall be liable to a penalty not exceeding that
maximum penalty or the accumulated maximum penalties, as the case may be;
or
(a) the person shall, if the relevant offence, or any of the relevant
offences, is punishable by a term of imprisonment, be liable to a term of
imprisonment not exceeding the maximum term of imprisonment prescribed in
respect of the relevant offence; and
(b) the person shall, in any other case, be liable to a level 6 fine
(600
penalty units maximum).
(2) Where—
(b) proceedings may not be instituted for that offence because a time
limit applicable to the institution of such proceedings has
expired—
proceedings under section 321G for incitement to commit that offence shall
not be instituted against any person.
Division
11A—Recruiting a child to engage in criminal
activity
S. 321LA inserted by
No. 43/2017 s. 4.
In this Division—
S. 321LB inserted by
No. 43/2017 s. 4.
(3) For the purposes of subsection (1), the ages of the adult
and the child are to be ascertained at the time of the
recruitment.
S. 321LC inserted by
No. 43/2017 s. 4.
Division
12—Attempts
(b) immediately and not remotely connected with the commission of the
offence.
S. 321P(1)
substituted by No. 49/1991
s. 119(1)(Sch. 2
item 64).
(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:
TABLE
Column 1
Column 2
(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
(c) if the maximum penalty for the relevant offence is not fixed or
prescribed by law, to level 6 imprisonment (5 years maximum).
S. 321R(2)(a) substituted by
No. 63/2014 s. 7(6).
(a) to be involved in the commission of an indictable offence;
or
Part
IA—Abolition of obsolete offences
Part
IB—Abolition of historical classifications
(2) Nothing in this Part shall affect the operation of any reference to an
indictable offence in the enactments specially relating to that offence by
reason only of the reference being in terms no longer applicable after the
commencement of this Part.
(4) Subject to subsection (1) and to any express amendment or repeal made
by the Crimes (Classification of Offences) Act 1981, a reference in any
instrument or document whatsoever (including Acts, rules, regulations and other
instruments of a legislative character) to—
Part
IC—Self-defence, duress, sudden
orextraordinary emergency and
intoxication
Division
1—General
S. 322G inserted by
No. 63/2014 s. 4.
S. 322H inserted by
No. 63/2014 s. 4.
In this Part—
S. 322I inserted by
No. 63/2014 s. 4.
(a) the history of the relationship between the person and a family
member, including violence by the family member towards the person or by the
person towards the family member or by the family member or the person in
relation to any other family member;
(f) social or economic factors that impact on people who are or have
been
in a relationship affected by family violence.
(b) a person who has or has had an intimate personal relationship with
the
person; or
"violence" means—
(i) intimidation;
(ii) harassment;
(A) causing or allowing the child to see or hear the physical, sexual or
psychological abuse of a person by a family member; or
(B) putting the child, or allowing the child to be put, at real risk of
seeing or hearing that abuse occurring.
(a) a single act may amount to abuse for the purposes of that
definition;
and
Division
2—Self-defence
S. 322K inserted by
No. 63/2014 s. 4.
(3) This section only applies in the case of murder if the person believes
that the conduct is necessary to defend the person or another person from the
infliction of death or really serious injury.
Notes
S. 322L inserted by
No. 63/2014 s. 4.
(b) at the time of the person's response, the person knows that the
conduct is lawful.
S. 322M inserted by
No. 63/2014 s. 4.
(b) the response involves the use of force in excess of the force
involved
in the harm or threatened harm.
S. 322N inserted by
No. 63/2014 s. 4.
Division
3—Duress
S. 322O inserted by
No. 63/2014 s. 4.
(ii) carrying out the conduct is the only reasonable way that
the
threatened harm can be avoided; and
(3) A person does not carry out conduct under duress if the threat is made
by or on behalf of a person with whom the person is voluntarily associating for
the purpose of carrying out violent conduct.
(4) This section only applies in the case of murder if the person believes
that the threat is to inflict death or really serious injury.
S. 322P inserted by
No. 63/2014 s. 4.
S. 322Q inserted by
No. 63/2014 s. 4.
Division
4—Sudden or extraordinary emergency
S. 322R inserted by
No. 63/2014 s. 4.
(ii) the conduct is the only reasonable way to deal with the
emergency;
and
(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.
Division
5—Intoxication
S. 322T inserted by
No. 63/2014 s. 4.
(a) involuntarily; or
(c) from the use of a drug for which a prescription is required and
that
was used in accordance with the directions of the person who prescribed it;
or
S. 322T(5)(ca) inserted by
No. 20/2016 s. 145(1)(a), repealed by No. 34/2019
s. 47(1)(a).
* * * * *
S. 322T(5)(d) amended by
Nos 20/2016 s. 145(1)(b), 34/2019
s. 47(1)(b).
(d) from the use of a drug for which no prescription is required and
that
was used for a purpose, and in accordance with the dosage level, recommended by
the manufacturer.
S. 322T(6) amended by
Nos 20/2016 s. 145(2), 34/2019 s. 47(2).
Part
II—Offenders
Division
1—Abettors, accessories andconcealers of
offences
(1) Complicity in
commission of offences
S. 323 substituted by
No. 63/2014 s. 6.
Note
A person who committed an offence may include 2 or more persons who entered
into an agreement, arrangement or understanding to commit the offence.
(a) even if the person is not physically present when the offence, or
an
element of the offence, is committed; and
(b) whether or not the person realises that the facts constitute an
offence.
Note
S. 324A inserted by
No. 63/2014 s. 6.
S. 324B inserted by
No. 63/2014 s. 6.
S. 324C inserted by
No. 63/2014 s. 6.
Note
The common law concerning the circumstances in which a person may withdraw
from an offence in which the person would otherwise be complicit is not
abolished by this section.
* * * * *
(3)
Accessories
(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).
(a) if the principal offence is one for which the penalty is level 1
imprisonment (life) to level 3 imprisonment (20 years maximum);
or
(ii) more than one-half the length of the longest term which may
be
imposed on first conviction for the principal offence.
* * * * *
(4) Concealers of
offences
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).
(3) For the purposes of this section a person shall be deemed to accept a
benefit if he accepts or agrees to accept any benefit or advantage, or the
promise of any benefit or advantage, either to himself or to another, whether or
not the benefit or advantage is in money or money's worth.
S. 326(4) repealed by No. 9848
s. 18(1).
* * * * *
Example
(2) Subject to subsections (5) and (7), a person of or over the age of 18
years (whether in Victoria or elsewhere) who has information that leads the
person to form a reasonable belief that a sexual offence has been committed in
Victoria against a child under the age of 16 years by another person of or over
the age of 18 years must disclose that information to a police officer as soon
as it is practicable to do so, unless the person has a reasonable excuse for not
doing so.
(3) For the purposes of subsection (2) and without limiting that
subsection, a person has a reasonable excuse for failing to comply with that
subsection if—
(a) the person fears on reasonable grounds for the safety of any
person
(other than the person reasonably believed to have committed, or to have been
involved in, the sexual offence) were the person to disclose the information to
police (irrespective of whether the fear arises because of the fact of
disclosure or the information disclosed) and the failure to disclose the
information to police is a reasonable response in the circumstances;
or
(b) the person believes on reasonable grounds that the information has
already been disclosed to police by another person and the firstmentioned person
has no further information.
Example
A person may believe on reasonable grounds that the information has already
been disclosed to police by another person if the person has made a report
disclosing all of the information in his or her possession in compliance with
mandatory reporting obligations under the Children, Youth and Families Act
2005.
(4) For the purposes of subsection (2) and without limiting that
subsection, a person does not have a reasonable excuse for failing to comply
with that subsection only because the person is concerned for the perceived
interests of—
(a) the information forming the basis of the person's belief that a
sexual
offence has been committed came from the victim of the alleged offence, whether
directly or indirectly; and
(b) the victim was of or over the age of 16 years at the time of
providing that information to any person; and
(e) the person is a police officer acting in the course of his or her
duty
in respect of the victim of the alleged sexual offence; or
(f) the victim of the alleged sexual offence has attained the age of
16
years before the commencement of section 4 of the Crimes Amendment
(Protection of Children) Act 2014.
(b) does not make the person by whom it is made subject to any
liability
in respect of it; and
(c) without limiting paragraphs (a) and (b), does not constitute a
contravention of—
(a) the court or tribunal grants leave for the evidence to be given;
or
(b) the person who made the disclosure consents in writing to the
admission of that evidence.
(a) any question to which the answer would or might identify the
person
who made a disclosure under section 327(2) or would or might lead to the
identification of that person; or
unless the court or tribunal grants leave for the question to be asked or
the person who made the disclosure has consented in writing to the question
being asked.
(4) A court or tribunal may only grant leave under subsection (2) or (3)
if it is satisfied that the interests of justice require that the evidence be
given.
S. 330(1) amended
by No. 36/2014 s. 7(2).
(1) If a disclosure is made under section 327(2), a person (other than the
person who made it or a person acting with the written consent of the person who
made it) must not disclose to any person other than a police officer or the
Secretary (within the meaning of the Children, Youth and Families Act
2005) or any other person to the extent reasonably required for law
enforcement purposes—
(3) Part 4.4 of Chapter 4 of the Children, Youth and Families Act
2005 applies to information disclosed under subsection (1) to the Secretary
(within the meaning of that Act) as if it were a report under Division 2 of that
Part.
Ss 327–332
repealed.[22]
* * * * *
* * * * *
* * * * *
* * * * *
Pt 2 Div. 3 (Heading and
ss 336–350) amended by Nos 7705 s. 10, 7876 s. 2(3),
repealed by No. 8338 s. 5, new Pt 2 Div. 3 (Heading and
ss 336–339) inserted by No. 9073 s. 2(b).
Division
3—Criminal liability of married persons
(2) Where a woman is charged with an offence other than treason or murder,
that woman shall have a complete defence to such charge if her action or
inaction (as the case may be) was due to coercion by a man to whom she was then
married.
(5) The accused shall bear the burden of adducing evidence that she
conducted herself in the manner charged because she was coerced by her husband,
but if such evidence has been adduced, the prosecution shall bear the burden of
proving that the action or inaction charged was not due to coercion by the
husband.
(6) This section shall operate in substitution for the common law as to
any presumption or defence of marital coercion.
(7) This section shall not affect the law relating to the defence of
duress.
* * * * *
Part
IIA—Extra-territorial offences
S. 340(1) def. of
police force repealed by No. 37/2014 s. 10(Sch. item
36.10(b)).
* * * * *
S. 341(1)
amended by No. 37/2014 s. 10(Sch. item
36.11).
(3) A magistrate by whom a search warrant is issued must file the warrant,
or a copy of the warrant, and the affidavit verifying the grounds on which the
application for the warrant was made, with the principal registrar of the
Court.
(1) A search warrant authorises any police officer, with such assistants
as he or she thinks necessary, to enter and search the premises to which the
warrant relates, and anything in those premises.
S. 342(3) amended by
No. 37/2014 s. 10(Sch. item 36.11).
(3) A police officer, or a person assisting him or her, may use such force
as is reasonably necessary for the execution of a search warrant.
S. 342(4) amended by
No. 37/2014 s. 10(Sch. item 36.11).
(4) A police officer executing a search warrant may seize and remove any
object that he or she believes on reasonable grounds to be relevant to the
investigation of the offence in relation to which the warrant was
issued.
(5) An object seized and removed under subsection (4) must be dealt
with in accordance with arrangements in force under section 344.
S. 342(6) amended by
No. 37/2014 s. 10(Sch. item 36.11).
(ii) the name of the magistrate who issued the warrant and the
date and
time of its issue; and
(7) A search warrant, if not executed at the expiration of one month from
the date of its issue, then expires.
New s. 343 inserted by No. 70/1987
s. 4, amended by Nos 49/1991
s. 119(1)(Sch. 2
item 67), 48/1997 s.
60(1)(Sch. 1 item 98).
S. 343(1) amended
by Nos 69/1997 s. 22(10),
37/2014 s. 10(Sch. item 36.11).
(1) A person must not, without lawful excuse, obstruct a police officer,
or a person assisting a police officer, in the execution of a search
warrant.
(a) objects seized under this Part that may be relevant to the
investigation of an offence against the law of the State, or Territory in which
the corresponding law is in force—
(b) objects seized under the corresponding law that may be relevant to
the
investigation of an offence against the law of Victoria—
Part
III—Procedure and punishment
Division
1—Pleading procedure, proof &c.
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
S. 359
repealed[24]
* * * * *
S. 359AA inserted by No. 10026 s. 4,
amended by Nos 110/1986 s. 140(2), 25/1989 s. 19(b), 57/1989
s. 3(Sch. items 42.24, 42.25), 92/2000 s. 11, 50/2006 s. 12,
repealed by No. 7/2009 s. 422(3) (as amended by No. 68/2009
s. 54(h))
* * * * *
* * * * *
S. 359B inserted by No. 50/2006
s. 8, repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
* * * * *
* * * * *
S. 362 amended by No. 8338 s. 7(a),
repealed by No. 9008 s. 2(1)(Sch. item 2(e)).
* * * * *
* * * * *
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (11) (Heading and s.
389) amended by Nos 7705 s. 10, 9576 s. 11(1), repealed by
No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
* * * * *
(14) Evidence.
Depositions. Subpoenas andwarrants against
witnesses
* * * * *
* * * * *
* * * * *
* * * * *
S. 399B inserted by No. 8870 s. 4(1),
amended by No. 35/1996s. 453(Sch.
1 item 16.10), repealed by No. 7/2009 s. 422(2)(b) (as amended by No.
68/2009 s. 54(h)).
* * * * *
* * * * *
S. 401 amended by Nos 8338 s. 7(h)(k),
9576 s. 11(1), repealed by No. 7/2009 s. 422(2)(b) (as amended by
No. 68/2009 s. 54(h)).
* * * * *
* * * * *
* * * * *
(1) For the purposes of the last preceding section, an official record of
a marriage shall be such record of marriages as is required by law to be kept,
or as is made by law evidence of marriages celebrated in that portion of Her
Majesty's dominions in which the same is kept.
(2) Nothing in this or the last preceding section shall apply to the proof
of a marriage celebrated or of a ceremony of marriage performed in
Victoria.
Ss 406–408A
repealed.[30]
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
No. 6103 s. 414.
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (15) (Heading and s.
416) repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (17) (Heading and s.
418) amended by Nos 8870 s. 5(1), 10084 s. 7, 37/1986 s. 5(d),
12/1993 s. 4(h), 35/1996 s. 453(Sch. 1 item 16.13), repealed by No.
7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
* * * * *
(19) Verdicts.
Attempts, &c.
S. 420 amended by Nos 6884 s. 2(2),
102/1986 s. 8(c)(d), repealed by No.
65/1997s.
82(2)(c).[31]
* * * * *
(a) the jury may give a general verdict of guilty or not guilty upon
the
whole matter in issue, in like manner as in other cases; and
S. 421(1)
amended by No. 68/2009 s. 97(Sch. item 40.24).
(1) On an indictment for murder a person found not guilty of murder may be
found guilty of—
(a) manslaughter;
* * * * *
* * * * *
S. 422A(1)
substituted by No. 7/2008 s. 5(3).
* * * * *
* * * * *
* * * * *
* * * * *
S. 426 repealed by No. 9576
s. 11(1)(Sch.), new s. 426 inserted by No. 22/2009
s. 4.
the jury may acquit the accused of the offence charged and find him or her
guilty of whichever of those offences they are satisfied that he or she is
guilty and he or she is liable to punishment accordingly.
the jury may acquit the accused of the offence charged and find him or her
guilty of whichever of those offences they are satisfied that he or she is
guilty and he or she is liable to punishment accordingly.
* * * * *
S. 435 substituted by No. 9576
s. 11(1).
* * * * *
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (21) (Heading and ss
437–439) amended by Nos 7184 s. 6, 7703 s. 5, 7705 s. 10,
7876 s. 2(3), 8338 s. 7(a)(d), 8731 s. 173, 9427
s. 6(1)(Sch. 5 item 39), 9576 s. 11(1), 10152 s. 9(a), 57/1989
s. 3(Sch. item 42.44), 53/2000 s. 94(3), repealed by No. 7/2009
s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (23) (Heading and s.
444) repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
Pt 3 Div. 1 Subdiv. (28) (Heading and s.
455) amended by No. 7705 s. 10, repealed by No. 7/2009
s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
* * * * *
S. 456AA(1)
amended by Nos 37/2014 s. 10(Sch. item 36.12(a)), 45/2017
s. 15(1).
S. 456AA(2) amended by
Nos 37/2014 s. 10(Sch. item 36.12(b)), 45/2017
s. 15(2).
(c) states an address other than the full and correct address of his
or
her ordinary place of residence or business—
S. 456AA(4) amended by
Nos 37/2014 s. 10(Sch. item 36.12(c)), 45/2017
s. 15(4).
S. 456AA(5)(c) amended by
Nos 37/2014 s. 10(Sch. item 36.12(d)(ii)), 45/2017
s. 15(6).
(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 or the protective services
officer's ordinary place of duty; or
S. 456AA(6) inserted by
No. 45/2017 s. 15(7).
(6) A protective services officer may only exercise the power under this
section in relation to a person who is at, or in the vicinity of, a designated
place.
S. 456AA(7) inserted by
No. 45/2017 s. 15(7).
(7) In this section—
* * * * *
(1) Any person, whether a police officer or not, may at any time without
warrant apprehend and take before a bail justice or the Magistrates' Court to be
dealt with according to law or deliver to a police officer to be so taken, any
person—
S. 458(1)(b) amended by
No. 37/2014 s. 10(Sch. item 36.13).
(3) A person who has been apprehended without warrant pursuant to the
provisions of paragraph (a) in subsection (1) in respect of
any offence punishable on summary conviction (not being an indictable
offence that may be heard and determined summarily) and taken into custody
shall be held in the custody of the person apprehending him only so long as any
reason referred to in the said paragraph for his apprehension continues and
where, before that person is charged with an offence, it appears to the person
arresting that person that the reason no longer continues the person arresting
that other person shall, without any further or other authority than this
subsection, release that person from custody without bail or cause him to be so
released and whether or not a summons has been issued against him or a notice to
appear has been served on him with respect to the offence alleged.
S. 459(1)
amended by No. 37/2014 s. 10(Sch. item
36.15(a)).
Note
S. 459(2A) inserted by
No. 45/2017 s. 52.
S. 459A(1)
amended by No. 37/2014 s. 10(Sch. item
36.16).
(1) A police officer may, for the purpose of arresting under section 458
or 459 or any other enactment a person whom he—
enter and search any place where the police officer on reasonable grounds
believes him to be.
S. 459A(2) amended by
No. 37/2014 s. 10(Sch. item 36.16).
* * * * *
S. 461 amended by No. 7546 s. 11,
substituted by No. 8247 s. 2.
(2) A police officer shall not be bound to take into custody or to take
before a bail justice or the Magistrates' Court any person found committing an
offence if the police officer believes on reasonable grounds that proceedings
can effectively be brought against that person by way of summons or notice to
appear.
Example
* * * * *
* * * * *
(b) under lawful arrest under section 458 or 459 or a provision of any
other Act; or
S. 464(2)
def. of approved mental health
service inserted by No.
81/1997s. 16(a), repealed by
No. 26/2014 s. 455(Sch. item 7.2(a)).
* * * * *
S. 464(2) def. of Australian
Crime Commission inserted by No. 54/2016
s. 28(a).
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).
S. 464(2)
def. of compulsory
procedure inserted by No. 129/1993 s. 6(a).
S. 464(2)
def. of correspond-ing law
inserted by No. 16/2002 s. 5.
S. 464(2)
def. of
crime scene index
inserted by No. 16/2002 s. 5.
* * * * *
S. 464(2)
def. of
dentist inserted by No.
129/1993 s. 6(a), substituted by No. 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)).
S.
464(2)def. of destruction
inserted by No. 72/2013 s. 3(b).
(b) the removal from any DNA database on which matching occurs of any
DNA
profile derived from analysis of the sample; and
(c) the destruction of the DNA profile in any form that can readily be
recombined with information that identifies the person from whom the sample was
taken or who gave the sample, except for a DNA profile held on an electronic
system used for forensic analysis by the Victoria Police Forensic Services
Department;
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)),
26/2014 s. 455(Sch. item 7.2(c)), 3/2019
s. 52(2).
S. 464(2)
def. of
DNA database inserted by
No. 16/2002 s. 5, substituted by No. 32/2007
s. 4(1).
(b) NCIDD; or
(c) another DNA database system that is kept under a corresponding law
of
a participating jurisdiction;
S. 464(2)
def. of
DNA database system
inserted by No. 16/2002 s. 5.
and information that may be used to identify the person from whose forensic
material each DNA profile was derived; and
S. 464(2)
def. of
DNA person inserted by No.
3/2019 s. 52(1).
(b) a child of or above the age of 15 years but under the age of 18
years
who—
S. 464(2)
def. of
DNA profile sample inserted
by No. 3/2019 s. 52(1).
(b) a sample of hair, other than pubic hair, including the root if
required;
S. 464(2)
def. of
DNA sample offence inserted
by No. 3/2019 s. 52(1).
Example
S. 464(2)
def. of forensic material
inserted by No. 16/2002 s. 5.
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), amended by No. 3/2019
s. 52(3).
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),
46/1998s. 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).
S. 464(2)
def. of IBAC inserted by
No. 3/2019 s. 52(1).
S. 464(2)
def. of intimate part of the
body inserted by No. 129/1993 s. 6(c).
S. 464(2)
def. of intimate sample
inserted by No. 129/1993 s. 6(c).
"intimate sample" means—
(c) a swab, washing or sample taken from the external genital or anal
region of a male or female or from the breast of a female;
S. 464(2)
def. of investigating
official amended by No. 37/2014 s. 10(Sch. item
36.18(a)(ii)).
S. 464(2) def. of
legal practitioner
repealed by No. 18/2005 s. 18(Sch. 1
item 27.3).
* * * * *
S. 464(2)
def. of medical
practitioner inserted by No. 129/1993 s. 6(d), substituted by No
81/1997s. 16(b), amended by
No. 97/2005 s. 182(Sch. 4 item 14.2(b)), substituted by No. 13/2010
s. 51(Sch. item 17.3(b)).
S. 464(2)
def. of missing persons
index inserted by No. 16/2002 s. 5.
S. 464(2) def. of
NCIDD inserted by No.
32/2007 s. 4(2).
S. 464(2) def. of
non-intimate sample
inserted by No. 129/1993 s. 6(e).
(a) a sample of hair, other than pubic hair, including the root if
required;
(c) a swab, washing or sample taken from any external part of the body
other than the genital or anal region of a male or female or the breast of a
female;
S. 464(2) def. of
nurse inserted by No.
81/1997s. 16(c), amended by
No. 97/2005 s. 182(Sch. 4 item 14.2(c)), substituted by No. 13/2010
s. 51(Sch. item 17.3(c)).
S. 464(2)
def. of participating
jurisdiction inserted by No. 16/2002 s. 5.
S. 464(2)
def. of police custody
officer inserted by No. 59/2015 s. 25(a).
S. 464(2)
def. of
prison amended by No.
56/1989 s. 286(Sch. 2 item 7.4), substituted by No. 48/2006
s. 42(Sch. item 9.2(c)).
S. 464(2)
def. of registered medical
practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 15.1), repealed
by No. 81/1997s.
16(d).
* * * * *
S. 464(2)
def. of
related material and
information inserted by No.
81/1997s. 16(e), amended by Nos
27/2006 ss 3(a), 17(1), 25/2017 s. 50, 3/2019
s. 52(4).
S. 464(2)
def. of relevant suspect
inserted by No. 84/1989 s. 4(b), substituted by No. 23/1991 s. 4(b),
amended by Nos 81/1997s. 16(f),
61/2001 s. 16(1)(a), 16/2002 s. 17(1), 35/2002 s. 28(Sch. item
3.1), 72/2004 s. 24, substituted by No. 72/2013
s. 3(a).
S. 464(2)
def. of responsible
Minister inserted by No. 16/2002 s. 5.
S. 464(2)
def. of security patient
inserted by No. 81/1997s. 16(g),
amended by No. 26/2014 s. 455(Sch. item
7.2(d)).
S. 464(2) def. of
senior police officer
inserted by No. 41/2004 s. 8, amended by No. 37/2014
s. 10(Sch. item 36.18(a)(iii)).
S. 464(2)
def. of senior police officer
authorisation inserted by No. 3/2019 s. 52(1).
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.
(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.
S. 464(2)
def. of suspects index
inserted by No. 16/2002 s. 5, amended by Nos 27/2006
s. 3(b), 3/2019 s. 52(6).
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.
S. 464(2)
def. of volunteer inserted
by No. 16/2002 s. 5.
S. 464(2)
def. of volunteers (limited
purposes) index inserted by No. 16/2002 s. 5.
S. 464(2)
def. of volunteers (unlimited
purposes) index inserted by No. 16/2002 s. 5.
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)).
S. 464(2)
def.
of young person inserted by
No. 38/1988 s. 5(c), repealed by No. 129/1993
s. 6(f).
* * * * *
(3) The Minister administering the Victoria Police Act 2013 may
appoint by notice published in the Government Gazette a person or class of
persons as a person or persons authorised to take fingerprints in accordance
with this Subdivision.
Note
(3) Before any questioning (other than a request for the person's name and
address) or investigation under subsection (2) commences, an investigating
official must inform the person in custody that he or she does not have to say
or do anything but that anything the person does say or do may be given in
evidence.
(a) the period of time reasonably required to bring the person before
a
bail justice or the Magistrates' Court;
(d) any need to transport the person from the place of apprehension to
a
place where facilities are available to conduct an interview or
investigation;
(e) the number of other people who need to be questioned during the
period
of custody in respect of the offence for which the person is in
custody;
(f) any need to visit the place where the offence is believed to have
been
committed or any other place reasonably connected with the investigation of the
offence;
Note
Section 78D of the Corrections Act 1986 provides for the application
of section 464A in relation to persons detained under that Act.
S. 464B(1)
amended by Nos 56/1989 s. 286(Sch. 2 item 7.5), 57/1989 s. 5(1)(b)(i),
86/2000 s. 4(1)(a).
S. 464B(1)(a)(iii)
substituted by No. 26/2014 s. 455(Sch. item
7.3).
(iii) a forensic patient or a security patient within the
meaning of the
Mental Health Act 2014; and
S. 464B(1)(a)(iv)
repealed by No. 26/2014 s. 455(Sch. item
7.3).
* * * * *
be delivered into the custody of the investigating official for the purpose
of questioning or investigation in respect of the first-mentioned
offence.
(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.
(4A) The Magistrates' Court or the Children's Court (as the case may
be) must not hear or determine an application under subsection (1) unless the
person who is the subject of the application is before the Court.
(a) must adjourn the hearing of the proceeding to enable the person to
obtain legal representation unless satisfied that the person has had, or has
refused to have, legal advice provided to him or her in relation to the
application; and
(b) must not resume the hearing unless the person is legally
represented
or the Court is satisfied that he or she has had, or has refused to have, legal
advice provided to him or her in relation to the application.
(4C) The Magistrates' Court or the Children's Court (as the case may
be) may order Victoria Legal Aid to provide legal assistance (of a kind to which
section 26(1) of the Legal Aid Act 1978 applies) to the person who is the
subject of an application under subsection (1) and, despite anything to the
contrary in that Act, Victoria Legal Aid must provide legal assistance in
accordance with the order.
(5B) The Magistrates' Court or the Children's Court (as the case may
be), on making an order under subsection (5), may make any further order that it
thinks fit as to where, and the circumstances under which, the questioning or
investigation may take place but it must not order that the questioning or
investigation take place somewhere other than the place at which the person who
is the subject of the order was held or detained at the time of the application
for the order under subsection (5) unless it is not practicable for the
questioning or investigation to take place there.
(5C) The Magistrates' Court or the Children's Court (as the case may
be) must not make an order under subsection (5) in respect of a person referred
to in subsection (1)(a)(ii), (iii) or (iv) unless—
(b) may include in that order any other condition that it thinks fit
in
the interests of the well-being of the person during any questioning or
investigation.
(5F) The Magistrates' Court or the Children's Court (as the case may
be) is not required to include in an order under subsection (5) a condition
referred to in subsection (5E)(a)(i) if the person who is the subject of the
order applies to the Court for that condition not to be included and the Court
is satisfied that, in all the circumstances, it is appropriate not to include
it.
(a) that he or she does not have to say or do anything but that
anything
he or she does say or do may be given in evidence; and
(c) if the person was held in a prison or police gaol at the time of
the
application, that the making of the order does not prevent a senior police
officer from authorising the conduct of a non-intimate compulsory procedure on
the person under section 464SA.
(c) any questioning that takes place in accordance with an order made
under subsection (5) and anything said by the person questioned.
(8) The Magistrates' Court or the Children's Court (as the case may
be) may, subject to subsection (8A)—
(8A) The Magistrates' Court or the Children's Court (as the case may
be) must not extend a period of custody ordered under subsection (5) or, on a
subsequent application under subsection (1), make an order against the same
person in respect of the same offence unless satisfied that there is a
reasonable prospect that further questioning or investigation will assist in
determining the involvement (if any) of the person in the commission of the
offence.
(9) At—
(9A) The making of an order under subsection (5) does not prevent a senior
police officer from giving an authorisation under section 464SA.
Note
S. 464B(11) inserted by
No. 72/2013 s. 4(3).
Note
S. 464B(12) inserted by
No. 72/2013 s. 4(3).
(12) A person must not be removed from the prison or police gaol in which
he or she is being held for the purpose of questioning under subsection
(11).
Note
S. 464B(13) inserted by
No. 72/2013 s. 4(3).
(a) the nature of the offence which the person is suspected of having
committed;
(c) that if the person gives consent, he or she does not have to say
or do
anything but that anything the person does say or do may be given in
evidence;
(d) that if the person gives consent, he or she may withdraw that
consent
at any time before the questioning is completed but anything the person says or
does before withdrawal of consent may be given in evidence;
(f) that if the Magistrates' Court makes an order under this section,
the
person may be delivered into the custody of the investigating official for the
purpose of questioning;
(g) the person's rights under sections 464C, 464D and 464F, unless
Part IC
of the Crimes Act 1914 of the Commonwealth applies.
S. 464B(14) inserted by
No. 72/2013 s. 4(3).
(14) A person may exercise any applicable right under section 464C, 464D
or 464F before deciding whether or not to consent to be questioned.
S. 464B(15) inserted by
No. 72/2013 s. 4(3).
(c) any questioning of the person that takes place and anything said
by
the person questioned; and
Note
Section 78D of the Corrections Act 1986 provides for the application
of section 464B in relation to persons detained under that Act.
S. 464C(1)(b) amended by
No. 72/2013 s. 5(1).
the investigating official must defer the questioning and investigation for
a time that is reasonable in the circumstances to enable the person to make, or
attempt to make, the communication.
(b) must allow the person's legal practitioner or a clerk of the legal
practitioner to communicate with the person in custody in circumstances in which
as far as practicable the communication will not be overheard.
S. 464D(2) amended by
No. 72/2013 s. 6.
S. 464E(1)
amended by No. 72/2004 s. 27(2).
(2) Subsection (1) does not apply if the investigating official believes
on reasonable grounds that—
S. 464F(2A) inserted by
No. 72/2013 s. 7.
S. 464FA inserted by
No. 48/2018 s. 18.
(a) within one hour of the person being taken into custody; or
Note
S. 464G(1)
amended by No. 27/2006 s. 17(4).
S. 464H(1)
amended by Nos 86/2000 s. 6(1)(c), 27/2006 s. 17(6)(c), 87/2009
s. 3(1).
S. 464H(3)(c) inserted by
No. 87/2009 s. 3(2).
S. 464H(3A) inserted by
No. 87/2009 s. 3(3).
S. 464JA inserted by
No. 87/2009 s. 4.
S. 464JA(1) def. of
authorised person amended by Nos 64/2010 s. 3(1),
43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1), 37/2014
s. 10(Sch. item 36.19(a)).
(ii) an informant;
(k) the Commissioner for Law Enforcement Data Security appointed under
Part 2 of the Commissioner for Law Enforcement Data Security Act 2005
or a person acting under his or her direction;
(n) the Inspector within the meaning of the Victorian Inspectorate Act
2011 or a person acting under his or her direction;
"publish" means—
(c) bring to the notice of the public or any member of the public by
any
other means, including by publication on the Internet;
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 600 penalty units: see section 113D of the
Sentencing Act 1991.
S. 464JA(3)(a) substituted by
No. 64/2010 s. 3(2).
(a) the recording is played for purposes connected with any civil or
criminal proceeding and any inquiry before any court or tribunal; or
S. 464JA(3)(c) amended by
No. 37/2014 s. 10(Sch. item 36.19(b)).
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 600 penalty units: see section 113D of the
Sentencing Act 1991.
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 600 penalty units: see section 113D of the
Sentencing Act 1991.
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 600 penalty units: see section 113D of the
Sentencing Act 1991.
S. 464JA(6) amended by
No. 64/2010 s. 3(3).
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 600 penalty units: see section 113D of the
Sentencing Act 1991.
(7) A person must not publish or cause to be published the whole or any
part of an audio recording or an audiovisual recording except in accordance with
the direction of a court under section 464JB.
Note
The maximum fine that may be imposed on a body corporate found guilty of an
offence against this subsection is 1200 penalty units: see section 113D of the
Sentencing Act 1991.
S. 464JB inserted by
No. 87/2009 s. 4.
S. 464JC inserted by
No. 87/2009 s. 4.
S. 464JC(2) amended by
Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item
36.20).
S. 464JC(2A) inserted by
No. 64/2010 s. 4(4), amended by Nos 48/2012 s. 47, 37/2014
s. 10(Sch. item 36.20).
S. 464JC(2B) inserted by
No. 64/2010 s. 4(4).
S. 464JC(3) amended by
No. 64/2010 s. 4(5).
(3) If the court is satisfied that there is good cause to keep a copy of a
recording for a period longer than 7 years, the court may order that the Chief
Commissioner of Police or the Department Head retain the copy for a further
period specified in the order.
(5) The court must not make an order under subsection (3)
unless—
S. 464JC(5)(a) amended by
No. 64/2010 s. 4(6)(a).
(a) the court is satisfied that the applicant has given reasonable
notice
of the application to the suspect and the Chief Commissioner of Police or the
Department Head; and
S. 464JC(5)(b) amended by
No. 64/2010 s. 4(6)(b).
(b) the court has given the suspect and the Chief Commissioner of
Police
or the Department Head a reasonable opportunity to be heard.
S. 464JD inserted by
No. 87/2009 s. 4.
(a) the suspect has been convicted or found guilty of the charge to
which
the recording relates; and
Fingerprinting
S. 464K(1)
amended by No. 37/2014 s. 10(Sch. item
36.22(a)).
S. 464K(2) amended by
No. 37/2014 s. 10(Sch. item 36.22(a)).
(a) of the purpose for which the fingerprints are required; and
S. 464K(2)(d) amended by
No. 37/2014 s. 10(Sch. item 36.22(a)).
(e) that if the person is not charged with a relevant offence within 6
months or is so charged but the charge is not proceeded with or the person is
not found guilty of the offence or any other relevant offence before the end of
that period, the fingerprints will be destroyed.
S. 464K(3) amended by
No. 37/2014 s. 10(Sch. item 36.22(a)).
(3) Subject to subsection (4), the police officer who informs a person of
the matters in subsection (2) must—
S. 464K(6) amended by
No. 37/2014 s. 10(Sch. item 36.22(b)).
S. 464K(7) amended by
No. 37/2014 s. 10(Sch. item 36.22(c)).
(7) A police officer may use reasonable force to take the fingerprints of
a person referred to in subsection (1) who refuses to give them voluntarily if
the use of reasonable force is authorised by a police officer in charge of a
police station at the time of the request or a police officer of or above the
rank of sergeant.
(8) If the person from whom fingerprints are required is a child aged 15,
16 or 17 years—
S. 464L(2) amended by
No. 37/2014 s. 10(Sch. item 36.23(a)).
(d) both the child and a parent or guardian of the child consent;
or
S. 464L(3) amended by
No. 37/2014 s. 10(Sch. item 36.23(a)).
(a) of the purpose for which the fingerprints are required; and
(b) of the offence which the child is believed to have committed or
with
which the child has been charged or for which the child has been summonsed to
answer to a charge; and
(d) that the child's parent or guardian may refuse consent to the
child's
fingerprints being taken; and
(f) that if the child is not charged with a relevant offence within 6
months or is so charged but the charge is not proceeded with or the child is not
found guilty of the offence or any other relevant offence before the end of that
period, the fingerprints will be destroyed.
(4) A parent or guardian of a child must be present during the request for
the fingerprints under this section, the giving of the information referred to
in subsection (3) and the taking of the fingerprints with consent.
S. 464L(5) amended by
No. 37/2014 s. 10(Sch. item 36.23(a)).
(5) Subject to subsection (6), the police officer who informs a child of
the matters in subsection (3) must—
(b) record in writing signed by the child and the parent or guardian
present—
the giving of that information and the responses, if any, of the child and
the parent or guardian.
(7) If information and the responses of the child and parent or guardian
are recorded by audio recording or audiovisual recording, the police officer
giving the information must give or send by post to the child or his or her
legal practitioner without charge—
S. 464L(8) amended by
No. 37/2014 s. 10(Sch. item 36.23(b)).
(8) If information and the responses of the child and parent or guardian
are recorded in writing, the police officer requesting the child's fingerprints
must give to the child, or cause the child to be given, a copy of the signed
record forthwith.
S. 464M(1)
amended by No. 37/2014 s. 10(Sch. item
36.24).
(1) If a child referred to in section 464L(2) or his or her parent or
guardian refuses to consent to the taking of the child's fingerprints or the
parent or guardian cannot be located, a police officer may apply to the
Children's Court for an order under subsection (5).
(4) The court may dispense with the requirement of subsection (3)(a) if
satisfied that it is impracticable for the applicant to comply.
(5) The Children's Court may make an order directing a child aged 10 years
or more but under 15 years to give his or her fingerprints if satisfied on the
balance of probabilities that—
(a) there are reasonable grounds to believe that the child has
committed
an indictable offence or a summary offence referred to in Schedule 7;
and
(6) In considering whether the making of the order is justified, the court
must take into account amongst other things—
(c) may not address the court, other than in respect of any matter
referred to in subsection (5)(a) or (b) or subsection (6).
S. 464M(9)(b) amended by
No. 37/2014 s. 10(Sch. item 36.24).
(a) the independent person, if any, who witnessed the taking of the
fingerprints must endorse on the order his or her name and sign the endorsement;
and
(b) the person who took the fingerprints must endorse on the order the
name of the person, if any, who made the audiovisual recording of the taking of
the fingerprints; and
(c) the person who took the fingerprints must give a copy of the order
so
endorsed to the child.
(11) The endorsements required by subsection (10) to be made on an order
under subsection (5) may be made on a copy of the order transmitted by facsimile
machine.
(12) If the Children's Court makes an order under subsection (5), it may
issue a warrant authorising the person to whom it is directed—
(a) to break, enter and search, if necessary, any place where the
child
named or described in the warrant is suspected to be; and
(c) to take the child without delay to the nearest accessible police
station for fingerprinting.
(13) If the Children's Court makes an order under subsection (5) or issues
a warrant under subsection (12), it must—
(14) The failure of the court to comply with subsection (13) does not
invalidate any order made by it but constitutes non-compliance for the purposes
of section 464Q(1)(a).
S. 464N(1)
inserted by No. 41/2004 s. 4(1).
(2) If—
S. 464NA(1)
repealed by No. 41/2004 s. 5(1).
* * * * *
S. 464NA(2) amended by
Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015
s. 26(1).
S. 464NA(3) amended by
Nos 37/2014 s. 10(Sch. item
36.25(a)),59/2015
s. 26(2).
S. 464NA(4) amended by
No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).
(4) A police officer may use reasonable force to take the fingerscan of a
person referred to in subsection (2) who refuses to allow it to be taken
voluntarily if—
S. 464NA(4)(a) amended by
Nos 37/2014 s. 10(Sch. item 36.25(b)(ii)), 20/2015 s.
49.
S. 464NA(4)(b) amended by
No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).
(b) before fingerscanning the person, the police officer informs the
person, in language likely to be understood by the person, that reasonable force
may be used to obtain it.
S. 464O(1)
def. of
destroy inserted by No.
35/2002 s. 4.
(a) which identifies the person from whom the fingerscan was taken;
or
(a) the person has not been charged with a relevant offence at the end
of
the period of 6 months after the taking of the fingerprints; or
(b) the person has been so charged but the charge is not proceeded
with or
the person is not found guilty of the offence or any other relevant offence,
whether on appeal or otherwise, before the end of that period—
(a) where the person has not been so charged or the charge is not
proceeded with, immediately after that period of 6 months; or
(b) where the person is not found guilty, within 1 month after the
conclusion of the proceedings and the end of any appeal period.
S. 464O(4) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(5) If a court makes an order under subsection (4), it must cause a copy
of the order to be served on the person from whom the fingerprints were
taken.
(6) If fingerprints or any record, copy or photograph of them are
destroyed in accordance with this section, the Chief Commissioner of Police must
give notice within 14 days of the destruction to the person from whom the
fingerprints were taken.
S. 464P(1A)
inserted by No. 35/2002 s. 5, amended by No. 41/2004
s. 7.
(c) the person is not found guilty of any further offence before
attaining
the age of 26 years; and
the Chief Commissioner must without delay destroy the fingerprints and any
record, copy or photograph of them, or cause them to be destroyed.
(3) For the purposes of subsection (2)(a), the probative value of the
fingerprints is not to be regarded as an exceptional circumstance.
Forensic procedures
and DNA profile samples
S. 464S(1) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(c) that the person may request that the procedure be conducted by or
in
the presence of a medical practitioner or nurse or midwife of his or her choice
or, where the procedure is the taking of a dental impression, a dentist of his
or her choice; and
(f) that the person may refuse to undergo the procedure; and
S. 464S(2) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(2) A police officer who informs a person of the matters in subsection
(1)—
(a) must record the giving of the information and the person's
responses,
if any, by audio recording or audiovisual recording or in writing signed by the
person; and
(b) must give or send by registered post to the person or his or her
legal
practitioner, without charge—
(d) the person has refused to give consent to a request under section
464R(1); and
(e) there are reasonable grounds to believe that the person has
committed
the offence in respect of which the authorisation is sought; and
(f) the requirements of section 464T(3)(c), (d), (e) and (f) are met;
and
S. 464SA(6) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(a) the date and time when the authorisation is given; and
S. 464SB(3) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(3) The senior police officer must give, or cause another police officer
to give, to the suspect a copy of the authorisation as soon as practicable after
the authorisation is made and, in any event, before the conduct of the
compulsory procedure.
S. 464SB(4) amended by
No. 37/2014 s. 10(Sch. item 36.26).
S. 464SB(4)(c) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(c) that a police officer may use reasonable force to enable the
compulsory procedure to be conducted; and
S. 464SB(6)(a) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(b) give written notice of the decision to the suspect within 7 days
after
the refusal.
S. 464SB(7) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(2) A police officer may request a DNA person who is a child to give a DNA
profile sample only if the police officer is satisfied that the taking of the
sample is justified in all of the circumstances, and the DNA
person—
(c) has been summonsed to answer to a charge for the DNA sample
offence.
(c) for a DNA person who is an adult, of the indictable offence which
the
person is suspected of having committed or with which the person has been
charged or for which the person has been summonsed to answer to a charge;
and
(d) for a DNA person who is a child, of the DNA sample offence which
the
child is believed on reasonable grounds of having committed or with which the
child has been charged or for which the child has been summonsed to answer to a
charge; and
(e) for a DNA person who is a child, that for the child to give
informed
consent both the child and the child's parent or guardian must consent to the
taking of the sample; and
(f) that the taking of the sample could produce evidence to be used in
a
court; and
(i) the person has not been charged with an indictable offence
or a DNA
sample offence (as the case requires) at the end of 12 months after the taking
of the sample; or
(ii) the person has been so charged but the charge is not
proceeded with
or the DNA person is not found guilty of the offence whether on appeal or
otherwise before the end of that period—
(i) that the DNA person or the parent or guardian may refuse to
consent to
the taking of the sample; and
(a) must record the giving of the information and the person's
responses, if any, by audio recording or audiovisual recording or in
writing signed by the person; and
(c) for a DNA person who is an adult, the person has refused to give
consent to a request under section 464SC(1); and
(d) for a DNA person who is a child, both the child and the child's
parent or guardian have refused to give consent to a request under section
464SC(2); and
(e) for a DNA person who is an adult, there are reasonable grounds to
believe the person has committed the indictable offence in respect of which
the authorisation is sought; and
(g) the taking of the sample without the consent of the person is
justified in all of the circumstances.
(2) A senior police officer must not give an authorisation for the taking
of a DNA profile sample from a DNA person if—
(b) the parent or guardian of the DNA person if the DNA person is a
child;
(a) the date and time when the authorisation is given; and
Note
(3) The senior police officer must give, or cause another police officer
to give, to the DNA person a copy of the authorisation as soon as practicable
after the authorisation is made and, in any event, before the taking of the DNA
profile sample.
(4) Before the DNA profile sample is taken, a police officer must inform
the DNA person orally and in person of the following—
(c) that a police officer may use reasonable force to enable the
DNA profile sample to be taken.
(a) inform, or cause another police officer to inform, the DNA person
orally of the decision as soon as practicable after the refusal; and
(b) give written notice of the decision to the DNA person within 7
days
after the refusal and to the parent or guardian of a DNA person who is a
child.
S. 464T(1)
amended by No. 37/2014 s. 10(Sch. item
36.27(a)(ii)).
(1) If—
S. 464T(1)(d) amended by
No. 37/2014 s. 10(Sch. item 36.27 (a)(i)).
the police officer may apply to the Magistrates' Court for an order
directing the person to undergo the compulsory procedure.
(3) The Court may make an order directing a person to undergo a compulsory
procedure if the Court is satisfied on the balance of probabilities
that—
(b) there are reasonable grounds to believe that the person has
committed
the offence in respect of which the application is made; and
(c) in the case of an application for a sample other than one referred
to
in paragraph (d), any of the following applies—
S. 464T(3) (c)(iii)
inserted by No.
81/1997s.
17(3).
(iii) the victim of the offence has not been found, and there
are
reasonable grounds to believe that material reasonably believed to be from the
body of the victim is present on a person suspected of having committed the
offence; or
S. 464T(3) (c)(iv)
inserted by No.
81/1997s.
17(3).
(f) there are reasonable grounds to believe that the conduct of the
procedure on the person may tend to confirm or disprove his or her involvement
in the commission of the offence; and
(g) the person has refused to give consent to a request under section
464R(1) or the person is incapable of giving informed consent by reason of
mental impairment; and
(c) may not address the Court, other than in respect of any matter
referred to in subsection (3)(a) to (h).
S. 464T(7)(d) amended by
No. 37/2014 s. 10(Sch. item 36.27(b)).
(8) A failure of the Court to comply with subsection (7) does not
invalidate any order made by it but constitutes non-compliance for the purposes
of section 464ZE(1)(a).
S. 464T(9) amended by
No. 37/2014 s. 10(Sch. item 36.27(b)).
(9) If—
S. 464T(9)(a) amended by
No. 37/2014 s. 10(Sch. item 36.27(b)).
(10) A police officer into whose custody the person is delivered under a
warrant issued under subsection (9) must return the person to the
officer-in-charge of the place where the person was held—
S. 464U(1)
amended by No. 37/2014 s. 10(Sch. item
36.28).
(b) is suspected of having done or omitted to have done any act which
would have constituted an offence had the child been of the age of criminal
responsibility.
(2) A police officer must not request a child aged 10 years or more
but under 18 years who—
S. 464U(3) amended by
No. 37/2014 s. 10(Sch. item 36.28).
(3) A police officer may apply to the Children's Court for an order under
subsection (7) if the child—
(b) has been charged with an indictable offence against the person at
common law or an indictable offence under Division 1 of Part I or under section
75, 75A, 76, 77, 197 (in circumstances where the offence is charged as arson),
197A, 249, 250, 251, 317, 317A or 318 or under section 71, 71AA, 72 or 72A
of the Drugs, Poisons and Controlled Substances Act 1981 or under section
71, 72(1)(ab) or 72(1)(b) of the Drugs, Poisons and Controlled Substances Act
1981 as in force immediately before the commencement of the Drugs,
Poisons and Controlled Substances (Amendment) Act 2001.
(6) The court may dispense with the requirement of subsection (5)(a) if
satisfied that it is impracticable for the applicant to comply.
(7) The Children's Court may make an order directing a child aged 10 years
or more but under 18 years to undergo a compulsory procedure if satisfied on the
balance of probabilities that—
(b) there are reasonable grounds to believe that the child has
committed
the offence in respect of which the application is made; and
(c) in the case of an application for a sample other than one referred
to
in paragraph (d), either—
(f) there are reasonable grounds to believe that the conduct of the
procedure on the child may tend to confirm or disprove his or her involvement in
the commission of the offence; and
(8) In considering whether the making of the order is justified, the court
must take into account amongst other things—
S. 464U(9)(d) amended by
No. 37/2014 s. 10(Sch. item 36.28).
(c) may not address the court, other than in respect of any matter
referred to in subsection (7)(a) to (g) or subsection (8).
(2) A police officer may apply, with or without notice to any other
person, for an interim order directing a person to undergo a compulsory
procedure if the police officer believes on reasonable grounds that the sample
or evidence sought to be obtained by the compulsory procedure is likely to be
lost if the procedure is delayed until the final determination of the
application.
(3) Section 464T(1), (2), (5), (6), (7) and (8) or section 464U(3), (4),
(9), (10), (12) and (13) as the case requires apply to applications for interim
orders.
S. 464V(4) amended by
Nos 37/2014 s. 10(Sch. item 36.29(b)), 33/2018
s. 86(1).
the police officer may apply for an interim order by audio link or audio
visual link in accordance with the procedure in section 464W.
(5) The court may make an interim order directing a person to undergo a
compulsory procedure if—
S. 464V(5)(c) amended by
No. 33/2018 s. 86(2).
(b) section 464T or 464U (as the case requires) applies to the further
hearing; and
S. 464V(6)(c) amended by
No. 33/2018 s. 86(3).
(c) the further hearing must not be conducted by audio link or audio
visual link; and
S. 464W(2) amended by
Nos 37/2014 s. 10(Sch. item 36.30(b)), 6/2018 s. 68(Sch. 2
item 35.7).
(2) Before making the application, the police officer must prepare an
affidavit setting out the grounds on which the order is sought, but may,
if necessary, make the application before the affidavit has been sworn
or affirmed.
S. 464W(3) amended by
Nos 37/2014 s. 10(Sch. item 36.30(b)), 6/2018 s. 68(Sch. 2
item 35.8), 33/2018 s. 87(3).
(4) If the person the subject of the application is present with the
applicant, the court must, if practicable, hear the person on any matter
referred to in section 464T(3)(a) to (h), in the case of a relevant suspect, or
section 464U(7)(a) to (g) and section 464U(8), in the case of a
child.
S. 464W(5) amended by
No. 33/2018 s. 87(4).
S. 464W(6) amended by
No. 33/2018 s. 87(5).
(7) A failure of the court to comply with subsection (4), (5) or (6)
does not invalidate any order made by it but constitutes non-compliance for the
purposes of section 464ZE(1)(a).
S. 464W(8) amended by
No. 33/2018 s. 87(6)(a).
S. 464W(8)(a) amended by
No. 33/2018 s. 87(6)(b).
S. 464W(8)(b) amended by
No. 33/2018 s. 87(6)(b).
S. 464W(8)(c)(ii)
amended by No. 37/2014 s. 10(Sch. item
36.30(c)).
(e) not later than the day following the making of the order, send the
form of order, if any, completed by the applicant to the magistrate or
Children's Court magistrate who constituted the court that made the
order.
S. 464W(9) amended by
No. 37/2014 s. 10(Sch. item 36.30(c)).
(9) A police officer who informs a person of the matters in subsection
(8)(c)—
(b) must give or send by registered post to the person or his or her
legal
practitioner, without charge—
S. 464W(9)(b)(i)
amended by No. 27/2006 s. 17(20)(b).
S. 464W(11) inserted by
No. 33/2018 s. 87(8).
S. 464W(12) inserted by
No. 33/2018 s. 87(8).
and the person in respect of whom the application is made is not a detained
or protected person, the court may issue a warrant authorising the person to
whom it is directed, if necessary—
(c) to break, enter and search by day or by night any place where the
person named in the warrant is suspected to be; and
(e) to bring the person before the court for the hearing of the
application; and
(3) A failure of a court to comply with subsection (2) does not invalidate
any order made by it but constitutes non-compliance for the purposes of section
464ZE(1)(a).
S. 464Y(1)
amended by Nos 23/1994 s. 118(Sch. 1 item 15.7),
81/1997s. 20(a)(b), 27/2006 s. 5,
13/2010 s. 51(Sch. item 17.5), 37/2014 s. 10(Sch. item 36.31),
3/2019 s. 56(2).
S. 464Y(2) amended by
No. 37/2014 s. 10(Sch. item 36.31).
(a) must record the giving of the information and the person's
responses,
if any, by audio recording or audiovisual recording or in writing signed by the
person or, if the person refuses to sign, by an independent person, if present;
and
S. 464Z(1)
amended by No. 3/2019 s. 57(1).
(b) the taking of a DNA profile sample that is a scraping from the
mouth.
(3AAA) For the purposes of a DNA profile sample taken in accordance with
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—
(3AC) Despite subsection (3AAA), a person from whom a DNA profile sample
is to be taken in accordance with this Subdivision may elect to provide instead
a scraping taken by the person from their mouth if a police officer authorised
in accordance with subsection (1A) considers that it is appropriate for the
person to take the scraping.
S. 464Z(3A)(a) amended by
Nos 37/2014 s. 10(Sch. item 36.32(c)(ii)), 59/2015
s. 27(2).
(a) the police officer or police custody officer considers it
appropriate
for the person to do so; and
(b) the person consents to taking the scraping and the consent is
recorded
by audio recording or audiovisual recording or in writing signed by the
person.
S. 464Z(6)(c)(iii)
amended by No. 16/2002 s. 7(5)(b).
S. 464Z(6)(c)(iv)inserted
by No. 16/2002 s. 7(5)(b). amended by Nos 37/2014 s. 10(Sch. item
36.32(d)), 59/2015 s. 27(4).
(7) A blood sample for the purposes of this Subdivision must not exceed 10
millilitres.
(a) the person takes only so much hair as the person believes is
necessary
for analysis of the sample or other examination of the hair; and
(b) strands of hair are taken using the least painful technique known
and
available to the person.
S. 464ZA(1)
amended by No. 81/1997s.
22(1)(a)(b), substituted by No. 41/2004 s. 14(2), amended by Nos
13/2010 s. 51(Sch. item 17.7), 37/2014 s. 10(Sch. item 36.33(a)),
3/2019 s. 58(2)(c).
(1) If—
S. 464ZA(1)(c) amended by
Nos 27/2006 s. 6(a). 25/2017 s. 51(2)(a).
(c) a court makes an order under section 464ZF or 464ZFAAA for the
conduct
of a forensic procedure; or
S. 464ZA(1)(d) inserted by
No. 25/2017 s. 51(2)(b), amended by No. 3/2019
s. 58(2)(a).
(d) a police officer directs that a DNA profile sample be taken from a
person under section 464ZFAB; or
S. 464ZA(2) amended by
No. 37/2014 s. 10(Sch. item 36.33(b)).
S. 464ZA(2)(a) amended by
No. 3/2019 s. 58(3).
(a) must be of the same sex as the person from whom the sample is to
be
taken or on whom the procedure is to be conducted; and
(b) must not be involved in investigating the offence for which the
procedure is required.
S. 464ZA(3A) inserted by
No. 3/2019 s. 58(4).
(3A) The taking of a DNA profile sample (other than a scraping from
the person's mouth taken by that person)—
(b) as soon as practicable but not more than 7 days after the
procedure was conducted or the sample was taken—
(8) If the person referred to in subsection (7) from whom the sample was
taken or on whom the procedure was conducted was a child, the applicant for the
authorisation or order must also give or send by registered post a copy of the
audiovisual recording to the parent or guardian of the child if the child's
legal practitioner is not known.
(4) The Minister must cause the name of a person authorised under this
section to be laid before the Legislative Council and the Legislative Assembly
before the expiration of the seventh sitting day of the Council or the Assembly,
as the case may be, after the date of publication of the notice in the
Government Gazette.
S. 464ZC(1)
amended by No. 81/1997 s. 23 (ILA
s. 39B(1)).
(3) If—
(2) If a DNA profile sample has been taken from a DNA person in
accordance with section 464SC or 464SE, a copy of every forensic report must be
given or sent by registered post as soon as practicable to—
(b) the taking of the sample or the procedure was not conducted in
accordance with the prescribed standards, if any; or
(d) any sample taken and any information which may identify the person
contained in—
should have been but has not been destroyed as required by section 464ZF,
464ZFAAA, 464ZFAC, 464ZFC, 464ZG, 464ZGA or 464ZGE; or
(2) A court may admit evidence obtained as a result of the taking of a DNA
profile sample or a forensic procedure, or from a sample voluntarily given by a
person in accordance with sections 464ZGB to 464ZGD, otherwise inadmissible by
reason of subsection (1)(a) or (1)(ab) if—
(b) the reasons given for the failure to comply with a provision
referred
to in subsection (1)(a) or (1)(ab);
(c) the gravity of that failure and whether it deprived the person of
a
significant protection under this Subdivision;
(e) the nature of the requirement that was not complied with;
(f) the nature of the offence alleged against the person and the
subject-matter of the proceedings;
(3) The probative value of the evidence does not by itself justify the
reception of the evidence.
S. 464ZF(1) def. of
child amended by No.
72/2004 s. 31(1).
(a) a forensic sample offence (within the meaning of that term as then
in
force); or
a police officer, at any time following that finding but not later than 6
months after the final determination of an appeal against conviction or sentence
or the expiration of any appeal period (whichever is the later), may apply to
the court for an order directing the person to undergo a forensic procedure for
the taking of a sample from any part of the body and the court may make an order
accordingly.
(a) occurs between 1 January 2002 and the commencement of item 3.4 in
the
Schedule to the Criminal Justice Legislation (Miscellaneous Amendments) Act
2002; and
an application under subsection (2) may be made not later than 12 months
after the final determination of an appeal against conviction or sentence or the
expiration of any appeal period (whichever is the later).
S. 464ZF(3) amended by
No. 37/2014 s. 10(Sch. item 36.34).
(3) If—
S. 464ZF(3)(a) amended by
No. 72/2013 s. 9(3).
S. 464ZF(4) amended by
No. 37/2014 s. 10(Sch. item 36.34).
(4) In any application to a court under subsection (2) or (3), the police
officer must specify the type of sample (whether intimate or non-intimate)
sought to be taken in the forensic procedure.
(c) the person may not call or cross-examine any witnesses; and
(d) the person may not address the court, other than in response to
inquiries made by the court under subsection (8)(c).
(a) notice of the application must be served on the child and a parent
or
guardian of the child; and
(c) the child may not call or cross-examine any witnesses; and
(d) the child may not address the court, other than in respect of any
matter referred to in subsection (8)(a) or (b) or in response
to inquiries made by the court under subsection (8)(c).
(6) An order made by a court under subsection (2) or (3) before the
appeal period in relation to the conviction for the forensic sample offence has
expired or an appeal against conviction (if any) has been finally determined
(whichever is the later), must not be executed unless—
S. 464ZF(6)(b) amended by
No. 14/2006 s. 13(1)(c)(ii).
S. 464ZF(6A) inserted by
No. 14/2006 s. 13(2).
S. 464ZF(6B) inserted by
No. 14/2006 s. 13(2).
(6B) If an order made by a court under subsection (2) has been executed
after the expiration of the appeal period in relation to the conviction for the
forensic sample offence and leave to appeal against the conviction is granted
after the expiry of that period—
S. 464ZF(6B)(a)
amended by No. 37/2014 s. 10(Sch. item
36.34).
(a) any sample and any related material and information taken may be
retained by a police officer pending the final determination of the appeal
against conviction; and
S. 464ZF(6B)(b)
amended by No. 68/2009 s. 97(Sch. item 40.36).
(b) if, on appeal, the conviction for the forensic sample offence is
set
aside, the Chief Commissioner of Police must without delay destroy, or cause to
be destroyed, any sample taken and any related material and
information.
(a) must take into account the seriousness of the circumstances of the
forensic sample offence in determining whether to make the order under
subsection (2) or (3); and
(a) give reasons for its decision and cause a copy of the order and
reasons to be served—
S. 464ZF(9)(b) amended by
No. 37/2014 s. 10(Sch. item 36.34).
(b) inform the person ordered to undergo the forensic procedure that a
police officer may use reasonable force to enable the procedure to be
conducted.
* * * * *
S. 464ZFAAA inserted by
No. 27/2006 s. 9.
S. 464ZFAAA(1)
def. of forensic sample offence amended by Nos 68/2009 s. 97(Sch.
item 40.37), 72/2013 s. 10(1).
S. 464ZFAAA(2)(a)
amended by No. 72/2013 s. 10(2).
(a) a forensic sample offence (within the meaning of that term as then
in
force); or
a police officer, at any time following that finding but not later than
6 months after the final determination of an appeal or the expiration of
any appeal period (whichever is the later), may apply to the court for an order
directing the person to undergo a forensic procedure for the taking of a sample
from any part of the body and the court may make an order accordingly.
S. 464ZFAAA(3)
amended by No. 37/2014 s. 10(Sch. item
36.34).
(b) must include a requirement that the person in respect of whom the
order is sought attend the hearing of the application in person or by his or her
legal practitioner.
S. 464ZFAAA(5)(c)
amended by No. 6/2018 s. 68(Sch. 2 item 35.11).
(6) An application made under subsection (2) must be heard in the presence
of the person in respect of whom the order is sought or his or her legal
practitioner.
(c) may not address the court other than in response to inquiries made
by
the court under subsection (5)(c).
(a) give reasons for its decision and cause a copy of the order and
reasons to be served on the person ordered to undergo the forensic procedure;
and
S. 464ZFAAA(10)(b)
amended by No. 37/2014 s. 10(Sch. item
36.34).
(b) inform the person ordered to undergo the forensic procedure that a
police officer may use reasonable force to enable the procedure to be
conducted.
(12) An order made by a court under subsection (2) before the appeal
period in relation to the verdict of not guilty because of mental impairment has
expired or an appeal against the verdict (if any) has been finally determined
(whichever is the later), must not be executed unless—
(b) leave to appeal against the verdict is granted but the appeal is
dismissed.
(14) If an order made by a court under subsection (2) has been executed
after the expiry of the appeal period in relation to the verdict of not guilty
because of mental impairment in respect of a forensic sample offence and leave
to appeal against the verdict is granted after the expiry of that
period—
S. 464ZFAAA(14)(a)
amended by No. 37/2014 s. 10(Sch. item
36.34).
(a) any sample and any related material and information taken may be
retained by a police officer but may not be used for any purpose pending the
final determination of the appeal against the verdict; and
(b) if, on appeal, the verdict is set aside, the Chief Commissioner of
Police must, without delay, destroy or cause to be destroyed any sample taken
and any related material and information.
S. 464ZFAA(1)
amended by No. 37/2014 s. 10(Sch. item
36.35(a)).
(c) the period referred to in section 464ZF(6) during which the order
must
not be executed has expired—
the senior police officer may serve on the person a notice in accordance
with subsections (2) and (3).
(a) the date on which the order under section 464ZF(2) was
made;
(c) that the person has not undergone the forensic procedure;
(d) that if the person fails to comply with the notice, application
for a
warrant to arrest the person may be made without further notice to the
person;
(e) that the person may wish to seek legal advice as to the effect of
the
notice;
S. 464ZFAA(2)(f)
amended by No. 37/2014 s. 10(Sch. item
36.35(b)).
(f) the name, rank and telephone number of the senior police officer
serving the notice.
(3) A copy of the order under section 464ZF(2) must be attached to and
served with the notice.
(b) leaving a true copy of the notice for the person at the person's
last
or most usual place of residence or business with a person who apparently
resides or works there and who is apparently not less than 16 years of age;
or
(c) posting the notice to the person at their last known place of
residence or business.
S. 464ZFAA(6) amended by
No. 37/2014 s. 10(Sch. item 36.35(c)).
(6) If a person does not comply with a notice served under this section, a
police officer may apply to a magistrate or a registrar of the Magistrates'
Court for a warrant under subsection (7).
(c) to break, enter and search by day or by night any place where the
person named in the warrant is suspected to be; and
(e) to detain the person for as long as reasonably permits the conduct
of
the forensic procedure.
(8) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant
issued under subsection (7) as if it were a warrant issued under section
464ZFA(1B).
S. 464ZFAB inserted by
No. 25/2017 s. 52.
(2) A police officer may, at any time, direct that a DNA profile sample be
taken from a person if, at the time that the direction is given—
(b) the Chief Commissioner of Police does not have a sample from the
person that may be retained indefinitely.
(a) state that if the person fails to comply with the notice, an
application for a warrant to arrest the person may be made without further
notice to the person; and
(b) state that the person may wish to seek legal advice as to the
effect
of the notice; and
(c) state the name, rank and telephone number of the senior police
officer
serving the notice or causing the notice to be served; and
(6) Section 464ZFAA(6), (7) and (8) apply to a notice served under
subsection (3) as if it were a notice served under that section.
(7) If a DNA profile sample is taken from a person under this section, the
sample taken and any related material and information may be retained
indefinitely.
(8) Subsection (7) does not apply if, on appeal against conviction,
the finding of guilt of the registrable offender in respect of an offence is
quashed or set aside and, but for that offence, the person would not be a
registrable offender.
(2) A senior police officer may authorise the taking of a DNA profile
sample from a person if—
(ii) the finding of not guilty for the DNA offence because of
mental
impairment is made; and
(d) the Chief Commissioner of Police does not have a sample from the
person that may be retained indefinitely.
(b) leave to appeal against the verdict is granted but the appeal is
dismissed.
(6) If leave to appeal against a conviction for a DNA offence is sought
after the expiry of the appeal period in relation to the conviction, an
authorisation for a sample to be taken from a person referred to in subsection
(2)(a)(i) before leave to appeal is sought, if not carried out before that
leave is sought, must not be carried out unless—
(b) leave to appeal against the conviction is granted and the appeal
is
finally determined and the conviction for the DNA offence is upheld.
(a) any sample and any related material and information taken may be
retained by a police officer but must not be used for any purpose pending
the final determination of the appeal against the conviction or the verdict;
and
(b) if, on appeal, the conviction or the verdict is set aside, the
Chief Commissioner of Police must, without delay, destroy or cause to be
destroyed any sample taken and any related material and information.
(a) the date on which the senior police officer authorisation was
given;
and
(b) the kind of DNA profile sample that is to be taken from the
person;
and
(c) the name, rank and telephone number of the senior police officer
who
gave the senior police officer authorisation; and
(d) the Chief Commissioner of Police does not have a sample from the
person that may be retained indefinitely; and
(e) that if the person fails to comply with the notice, an application
for
a warrant to arrest the person may be made without further notice to the person;
and
(f) that the person may wish to seek legal advice as to the effect of
the
notice; and
(g) the name, rank and telephone number of the police officer serving
the
notice or causing the notice to be served; and
(h) that a police officer may use reasonable force to enable the
sample to
be taken.
(5) Section 464ZFAA(6), (7) and (8) apply to a notice served under
subsection (2) as if it were a notice served under that section.
(6) If a notice under subsection (2) is not served within the period
referred to in section 464ZFAC(2)(b), a police officer may, within 28 days
of the expiry of that period, apply to a magistrate or registrar of the
Magistrates' Court for a warrant under subsection (7).
(a) to break, enter and search by day or by night any place where the
relevant person named in the warrant is suspected to be; and
(a) reasonable attempts have been made to serve the notice on the
relevant
person; and
(b) the DNA profile sample has not been taken from the relevant
person.
(9) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant
issued under subsection (7) as if it were a warrant issued under section
464ZFA(1B).
(a) a sample for the purpose of deriving a DNA profile was previously
taken from the person—
(b) a forensic scientist has not derived a DNA profile from the sample
taken from the person.
(2) A senior police officer may serve, or may cause to be served, a notice
on a person referred to in subsection (1) directing the person to attend at a
police station specified in the notice within 28 days after service of the
notice to take a DNA profile sample.
(a) the date on which the senior police officer authorisation was
given;
and
(b) the kind of DNA profile sample that is to be taken from the
person;
and
(c) the name, rank and telephone number of the senior police officer
who
gave the authorisation; and
(d) that the Chief Commissioner of Police does not have a DNA profile
of
the person; and
(f) that if the person fails to comply with the notice, application
for a
warrant to arrest the person may be made without further notice to the person;
and
(g) that the person may wish to seek legal advice as to the effect of
the
notice; and
(h) the name, rank and telephone number of the police officer serving
the
notice or causing the notice to be served; and
(i) that a police officer may use reasonable force to enable the
DNA
profile sample to be taken.
(4) A notice under subsection (2) must be served by delivering a true copy
of the notice to the person personally.
(5) Section 464ZFAA(6), (7) and (8) apply to a notice served under
subsection (2) as if it were a notice served under that section.
(1) If—
S. 464ZFA(1)(a)
amended by No. 26/2014 s. 455(Sch. item
7.5).
(c) to break, enter and search by day or by night any place where the
person named in the warrant is suspected to be; and
(e) to bring the person before the court for the hearing of the
application; and
(a) to break, enter and search by day or by night any place where the
person named in the warrant is suspected to be; and
(c) to detain the person for as long as reasonably permits the conduct
of
the forensic procedure.
S. 464ZFA(2)(a)
amended by No. 37/2014 s. 10(Sch. item 36.36
(b)(i)).
S. 464ZFA(2)(b)
amended by No. 37/2014 s. 10(Sch. item
36.36(b)(ii)).
S. 464ZFA(4)(a)
amended by No. 16/2002 s. 12(2)(c)(ii).
(7) A police officer who executes a warrant issued under subsection (1B)
must, as soon as practicable after executing the warrant—
S. 464ZFA(7)(b)
amended by No. 37/2014 s. 10(Sch. item
36.36(d)(ii)).
(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;
S. 464ZFB(1AA)
inserted by No. 72/2013 s. 11(1).
(1AA) If—
S. 464ZFB (1AA)(a) substituted by No. 3/2019
s. 63(1).
(b) a court finds the person guilty, or not guilty because of mental
impairment, of—
the sample taken and any related material and information may be retained
indefinitely.
S. 464ZFB(1AB)
inserted by No. 72/2013 s. 11(1).
(a) a DNA profile sample is taken from a DNA person who is a child in
accordance with section 464SC or 464SE or a forensic procedure is conducted
on a child in accordance with section 464U(7) or 464V(5);
and
S. 464ZFB(1)(b)
amended by No. 72/2013 s. 11(2)(b).
S. 464ZFB(1)(b)(i)
amended by No. 3/2019 s. 63(3)(b).
(i) the offence in respect of which the DNA profile sample was
taken or
the forensic procedure was conducted; or
S. 464ZFB(1)(b)(iii)
amended by No. 3/2019 s. 63(3)(c).
a police officer, at any time after the finding of guilt but not later than
6 months after the final determination of an appeal against conviction or
sentence or the expiry of any appeal period in respect of the offence (whichever
is the later), may apply to the court referred to in paragraph (b) or to
the Children's Court for an order permitting the retention of any sample taken
and any related material and information and the court may make an order
accordingly.
(1A) If—
S. 464ZFB(1A)(a)
substituted by No. 72/2013 s. 11(3)(a), amended by No. 3/2019
s. 63(4)(a).
(a) a DNA profile sample is taken from a DNA person who is a child in
accordance with section 464SC or 464SE or a forensic procedure is conducted
on a child in accordance with section 464U(7) or 464V(5); and
S. 464ZFB(1A)(b)
amended by No. 72/2013 s. 11(3)(b).
(b) a court finds the child not guilty because of mental impairment
of—
S. 464ZFB(1A)(b)(i)
amended by No. 3/2019 s. 63(4)(b).
(i) the offence in respect of which the DNA profile sample was
taken or
the forensic procedure was conducted; or
S. 464ZFB(1A)(b)(iii)
amended by No. 3/2019 s. 63(4)(c).
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.
(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
S. 464ZFB(2)(c)
amended by No. 6/2018 s. 68(Sch. 2 item 35.11).
(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)—
(2B) An order made under subsection (1A) before the expiry of the appeal
period in respect of the verdict of not guilty because of mental impairment or
the final determination of an appeal against the verdict (whichever is
later)—
(b) has no effect if, on appeal, the verdict of not guilty because of
mental impairment is set aside.
(4) A failure of a court to comply with subsection (3) does not invalidate
any order made by it but constitutes non-compliance for the purposes of section
464ZE(1)(a).
S. 464ZFC(1)(aa)
inserted by No. 72/2013 s. 12(a).
S. 464ZFC(1)(b)
amended by No. 72/2013 s. 12(b).
S. 464ZFD (1AA)
inserted by No. 32/2007 s. 5(2).
(1) Information (including information which may identify the person from
whom a DNA profile sample was taken or on whom a forensic procedure was
conducted) obtained from the analysis of samples taken or procedures conducted
in accordance with sections 464R to 464ZA, section 464ZF, 464ZFAAA or
464ZFAB, 464ZFAC, 464ZFAE or sections 464ZGB to 464ZGD (as the case
may be), and which in accordance with this Subdivision may be retained, may
be included in the DNA database system kept under subsection (1AA).
(2) Information (other than information which may identify the person from
whom a DNA profile sample was taken or on whom a forensic procedure was
conducted) obtained from the analysis of samples taken or procedures conducted
in accordance with this Subdivision may be retained and included in the DNA
database system kept under subsection (1AA) for statistical purposes.
(b) the date on which every sample listed in the report was taken;
and
(d) if a sample has been destroyed, the date that the requirement to
destroy it arose, the date of destruction and the name of the person who has
destroyed it; and
(da) information on any DNA profile sample that has been retained for
12 months or more including the status of any investigation of the DNA
person from whom the sample was taken; and
(e) the number of authorisations given under sections 464SA and 464SE
within the period to which the report relates; and
S. 464ZG(1)(a) amended by
Nos 72/2013 s. 13, 3/2019 s. 66(a).
(a) the indictable offence in respect of which the DNA profile sample
was
taken or the forensic procedure was conducted; or
S. 464ZG(1)(b) amended by
No. 72/2013 s. 13.
S. 464ZG(1)(c) amended by
Nos 72/2013 s. 13, 3/2019 s. 66(b).
* * * * *
S. 464ZG(3) amended by Nos
81/1997s. 27(2)(a)(c), 3/2019
s. 66(c).
(3) Subject to section 464ZFD(2), if a DNA profile sample has been taken
or a forensic procedure has been conducted on a person and—
(a) the person has not been charged with a relevant offence at the end
of
the period of 12 months after the taking of the sample or the conduct of the
procedure; or
(b) the person has been so charged but the charge is not proceeded
with or
the person is not found guilty (except because of mental impairment) of the
offence or any other relevant offence, whether on appeal or otherwise, before
the end of that period—
S. 464ZG(5) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(6) If the Magistrates' Court or the Children's Court makes an order under
subsection (5), it must give reasons for its decision and cause a copy of the
order to be served on the person from whom the DNA profile sample was taken
or on whom the forensic procedure was conducted.
(c) the person is not found guilty of any further offence before
attaining
the age of 26 years—
(a) the person from whom the sample was taken is found guilty
of—
S. 464ZGA (2)(a)(i) amended by No.
3/2019 s. 67(2)(a).
(i) the offence in relation to which the DNA profile sample was
taken or
the forensic procedure was conducted; or
S. 464ZGB(1)
amended by Nos 72/2004 s. 32, 37/2014 s. 10(Sch. item
36.37).
(1) A person of or above the age of 18 years may volunteer to give a
sample (whether an intimate or non-intimate sample) to a police
officer.
(2) A sample may only be given under this section if the person
volunteering to give it consents in accordance with this section and that
consent is not withdrawn prior to the giving of the sample.
S. 464ZGB(3) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(3) A person consents in accordance with this section only if, in the
presence of an independent person, he or she consents after a police officer has
informed the person in language likely to be understood by the
person—
S. 464ZGB(3)(b)
substituted by No. 16/2002 s. 15.
S. 464ZGB(3)(ba)
inserted by No. 16/2002 s. 15.
(ba) that the person may choose whether the information obtained from
analysis of the sample may be used—
S. 464ZGB(3)(bb)
inserted by No. 16/2002 s. 15.
(d) that if the person consents to give a sample, he or she may at any
time before the sample is taken, withdraw that consent;
S. 464ZGB(3)(e)
amended by No. 72/2013 s. 14.
(e) that the person may consult a legal practitioner (whether the term
legal practitioner or lawyer is used) before deciding whether or not to consent
to give a sample;
(f) that the person may at any time (including after he or she has
been
charged with an offence) withdraw his or her consent to the retention of the
sample;
S. 464ZGB(3)(g)
amended by No. 37/2014 s. 10(Sch. item
36.37).
(g) that where the person withdraws his or her consent to the
retention of
the sample, a police officer may nevertheless apply to a court for an order to
retain the sample and any related material and information;
S. 464ZGB(3)(h)
amended by No. 13/2010 s. 51(Sch. item 17.10).
(h) that the person may request that the sample be taken by or in the
presence of a medical practitioner, nurse, midwife or dentist of his or her
choice.
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—
S.
464ZGB(4)(a)(ii) substituted by
No. 27/2006 s. 17(30)(a).
(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).
(ii) a copy of the written record, signed by both the person and
the
independent person, forthwith.
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—
S. 464ZGC(2) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(2) If, prior to giving a sample, a person withdraws his or her consent
orally, a police officer or the person authorised to take the sample must, as
soon as practicable, record in writing the withdrawal of consent.
S.
464ZGD(1)(b) amended by No.
27/2006 s. 17(31)(a).
(b) be recorded by audiovisual recording, if practicable, and if the
person consents.
(b) as soon as practicable but not more than 7 days after the sample
was taken—
(a) that person in accordance with subsection (1) has withdrawn his or
her
consent to the retention of that sample; or
(b) a court has made an order under section 464ZGF for the retention
of that sample and any related material and information, and—
(i) the person has not been charged with an indictable offence
at the end
of the period of 12 months after the order of the court; or
(ii) the person has been so charged but the charge is not
proceeded with,
or the person is not found guilty of the indictable offence or any other
indictable offence for which the sample and any related material and information
had probative value, whether on appeal or otherwise, before the end of that
period—
(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.
S. 464ZGE(6) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(7) If the Magistrates' Court makes an order under subsection (6), it must
give reasons for its decision and cause a copy of the order to be served on the
person who voluntarily gave the sample.
S. 464ZGE(11) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(ab) requesting, under section 464SC, the person to give a DNA profile
sample; or
* * * * *
S. 464ZGF inserted by No.
81/1997s. 28.
S. 464ZGF(1)
amended by No. 37/2014 s. 10(Sch. item
36.37).
(1) A police officer may apply to the Magistrates' Court for an order to
retain a sample that has been voluntarily given by a person in accordance with
sections 464ZGB to 464ZGD, and any related material and information, and the
court may make an order accordingly, if during an investigation into the
commission of an indictable offence—
(a) either—
S. 464ZGF(1)(a)(ii)
amended by No. 37/2014 s. 10(Sch. item
36.37).
(c) the person who voluntarily gave that sample has withdrawn his or
her
consent to the retention of that sample; and
(3) If the court makes an order under subsection (1), it must give reasons
for its decision and cause a copy of the order and reasons to be served on the
person who voluntarily gave the sample.
(4) A failure of a court to comply with subsection (3) does not invalidate
any order made by it but constitutes non-compliance for the purposes of section
464ZE(1)(a).
S. 464ZGFA inserted by
No. 72/2013 s. 15.
S. 464ZGFA(2)(a)
substituted by No. 37/2014 s. 10(Sch. item
36.38(a)).
(3) A sample may only be given under this section if the relevant agency
has provided to the person volunteering to give the sample—
(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—
S. 464ZGFA(5)(b)
amended by No. 37/2014 s. 10(Sch. item
36.38(b)(i)).
S. 464ZGFA(5)(c)
amended by No. 37/2014 s. 10(Sch. item
36.38(b)(ii)).
(7) A sample given under this section and any DNA profile obtained from
the sample may not be released to any person outside the relevant agency unless
the person who gave the sample consents to the release.
(10) This section does not affect any other power to require a person
referred to in subsection (2) to provide a sample or to undergo a forensic
procedure.
S. 464ZGFB inserted by
No. 72/2013 s. 15.
(3) A DNA profile derived from a sample given under section 464ZGFA must
be stored on a database that—
Notes
(4) A sample given under section 464ZGFA and a DNA profile derived from
the sample must be destroyed if—
S. 464ZGFB(4)(a)
amended by No. 37/2014 s. 10(Sch. item
36.39(a)).
S. 464ZGFB(4)(b)
amended by No. 37/2014 s. 10(Sch. item
36.39(b)).
S. 464ZGFB(4)(e)
amended by No. 37/2014 s. 10(Sch. item
36.39(b)).
(e) 12 months have elapsed since the person who gave the sample ceased
to
be a member of Victoria Police personnel, the Director of the Institute or an
employee of the Institute, as the case may be.
DNA database
systems
S. 464ZGG inserted by No. 16/2002
s. 16.
(2) A person—
(a) whose conduct causes the supply of forensic material taken from a
person under this Subdivision (or under a corresponding law of a participating
jurisdiction) to a person for prohibited analysis; and
(3) A person—
(a) whose conduct causes the supply of forensic material (other than
excluded forensic material) to a person for analysis for the purpose of deriving
a DNA profile for inclusion on a DNA database; and
S. 464ZGH(1)
amended by No. 32/2007 s. 7(1).
(1) A person who accesses information stored on the Victorian DNA database
except in accordance with this section is guilty of a summary offence and liable
to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units
maximum).
(2) A person may access information stored on the Victorian DNA database
for one or more of the following purposes—
* * * * *
S. 464ZGH(2)(g)(ii)
amended by No. 22/2016 s. 167.
S.
464ZGH(2)(h) inserted by No.
20/2017 s. 134(Sch. 1 item 5.1(c)).
(3) This section does not apply to information that cannot be used to
discover the identity of any person.
S. 464ZGI(1)
substituted by No. 32/2007 s. 8(1).
(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.
TABLE
Profile to be matched
Is matching permitted?
Column 1
Column 2
Crime
Scene
Column 3
Suspects
Column 4
Column 5
Column 6
Serious
offenders
Column 7
Missing
persons
Column 8
1. crime scene
yes
yes
only if within purpose
yes
yes
yes
yes
2. suspects
yes
yes
yes
yes
yes
yes
3. volunteers (limited purposes)
yes
yes
only if within purpose
yes
yes
yes
yes
5. serious offenders
yes
yes
yes
yes
yes
yes
6. missing persons
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
(2) A person—
(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
* * * * *
(3) A responsible person who does not ensure that any identifying
information on the volunteers (unlimited purposes) index or volunteers (limited
purposes) index of the DNA database is removed from the database as soon as
practicable after the end of the identifying period for the information is
guilty of a summary offence and liable to level 8 imprisonment (1 year
maximum) or a level 8 fine (120 penalty units maximum).
(4) A responsible person who does not ensure that any identifying
information relating to an offender on the serious offenders index of the DNA
database is removed from the database as soon as practicable after becoming
aware that the offender has been pardoned or acquitted of the offence concerned
or if the conviction has been set aside is guilty of a summary offence and
liable to level 8 imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum).
S. 464ZGK(2)(a)
amended by No. 37/2014 s. 10(Sch. item
36.40).
(a) forensic comparison in the course of a criminal investigation by a
police officer or any other person authorised in writing by the Chief
Commissioner of Police;
S.
464ZGK(2)(g)(i)
substituted by No. 60/2014 s. 140(Sch. 3 item 8.2), repealed
by No. 20/2017 s. 134(Sch. 1 item 5.2(a)).
* * * * *
S. 464ZGK(2)(g)(ii)
amended by No. 22/2016 s. 168.
S.
464ZGK(2)(h) inserted by
No. 20/2017 s. 134(Sch. 1 item 5.2(c)).
(4) This section does not apply to Victorian information that cannot be
used to discover the identity of any person.
Inter-jurisdictional
enforcement
S. 464ZGL(2) amended by
No. 48/2018 s. 19(1).
S. 464ZGL(2A) inserted by
No. 48/2018 s. 19(2).
S. 464ZGM(2) amended by
No. 37/2014 s. 10(Sch. item 36.41).
S. 464ZGN(2) amended by
No. 54/2016 s. 29(1)(a).
(2) The Minister may enter into an arrangement with the Australian Crime
Commission, under which—
S. 464ZGN(2)(a)
amended by No. 54/2016 s. 29(1)(b).
S. 464ZGN(2)(b)
amended by No. 54/2016 s. 29(1)(c).
S. 464ZGN(3) amended by
No. 54/2016 s. 29(2).
(4) An arrangement entered into under this section may not authorise the
comparison of information so as to match DNA profiles in a way that would
contravene section 464ZGI were the information contained wholly within the
Victorian DNA database.
Notes
General
S. 464ZH(a)(i) amended by
No. 37/2014 s. 10(Sch. item 36.42).
* * * * *
the order is deemed to have, and always to have had, the same force and
effect as it would have had if the order had been made by the Magistrates' Court
sitting in open court.
(2) Subsection (1) does not affect the rights of the parties in the
proceeding known as Lednar, O'Brien and Hill v. The Magistrates' Court and
The Chief Commissioner of Police (Victoria) (No. 6292 of 2000) in the
Supreme Court of Victoria.
(3) An order purporting to have been made under section 464ZF(2) before
the commencement of the Crimes (Amendment) Act 2004 in respect of a
person is not invalid only because the person was not given—
(a) notice of the application for the order; or
(4) An order purporting to have been made under section 464ZF(3) before
the commencement of the Crimes (Amendment) Act 2004 in respect of a
person aged 17 years or more is not invalid only because the person was not
given—
(5) Subsection (4) does not affect the rights of the parties in the
proceeding known as Pavic v. Magistrates' Court of Victoria and Chief
Commissioner of Police (No. 1001 of 2002) in the Supreme Court of
Victoria.
S. 464ZL(6) inserted by
No. 72/2013 s. 16.
(6) If, before the commencement of section 4(1) and (2) of the
Crimes Amendment (Investigation Powers) Act 2013, an order is purported
to have been made under section 464B(5) in respect of an offence committed
outside Victoria against a law of the Commonwealth or another State or a
Territory, the order is taken to have, and always to have had, the same force
and effect as it would have had if the order had been made after that
commencement.
S. 464ZL(7) inserted by
No. 72/2013 s. 16.
S. 464ZL(8) inserted by
No. 72/2013 s. 16.
(8) Subsections (6) and (7) do not affect the rights of the parties in the
proceeding known as Detective Jason Wallace v Bandali Debs and the
Magistrates' Court of Victoria (No. 10194 of 2008) in the Supreme Court
of Victoria.
S. 464ZLA inserted by
No. 3/2019 s. 75.
CRIMES ACT 1958
- SECT 464ZLA
Validation of sample taken in accordance with section 464ZFAB
Oversight by
IBAC
S. 464ZM inserted by
No. 3/2019 s. 76.
S. 464ZN inserted by
No. 3/2019 s. 76.
(c) the date on which every DNA profile sample listed in the report
was
taken; and
(e) if a DNA profile sample has been destroyed the date that the
requirement to destroy it arose under section 464ZFC, the date of
destruction and the name of the person who destroyed it; and
(i) information on any DNA profile sample that has been retained
for
12 months or more including the status of any investigation of the
DNA person from whom the sample was taken within the period to which the
report relates.
S. 464ZO inserted by
No. 3/2019 s. 76.
(2) The IBAC Commissioner may authorise a sworn IBAC Officer to exercise
the powers of an authorised officer under this section.
(3) An authorised officer must, from time to time, inspect any records of
Victoria Police or any other person or body that carried out a function or
power for the taking of a DNA profile sample that the authorised officer
considers necessary to determine the extent of compliance by a member of
Victoria Police personnel or the person or body with this Subdivision for the
following—
(a) after notifying the Chief Commissioner of Police, may enter at any
reasonable time police personnel premises or any premises occupied by any other
person or body that carried out a function or power under this Subdivision;
and
(b) is entitled to have full and free access at all reasonable times
to all records of Victoria Police or any other person or body that carried out a
function or power under this Subdivision that are relevant to the inspection;
and
(5) The Chief Commissioner of Police must ensure that members of Victoria
Police personnel give an authorised officer any assistance that the authorised
officer reasonably requires to enable the authorised officer to perform
functions under this section.
S. 464ZP inserted by
No. 3/2019 s. 76.
(2) The Attorney-General must cause a report under this section to be laid
before each House of Parliament within 15 sitting days after the day on which
the Attorney-General receives the report.
S. 464ZQ inserted by
No. 3/2019 s. 76.
(b) if the Chief Commissioner has not taken the recommended action or
does
not intend to take the recommended action—give a report to the IBAC
stating the reason for not taking or intending to take the action.
S. 464ZR inserted by
No. 3/2019 s. 76.
S. 464ZS inserted by
No. 3/2019 s. 76.
(b) in the reasonable belief that the act or omission was in the
performance of a duty or a function or the exercise of a power under this
Act.
(2) Any liability resulting from an act or omission that would, but for
subsection (1), attach to the IBAC or a sworn IBAC Officer attaches instead to
the State.
S. 465(1) amended
by Nos 7184 s. 7, 8179 s. 4, 16/1986 s. 30, 57/1989
s. 3(Sch. item 42.56(a)–(d)),
22/1996s. 6(1)(a), 25/2009
s. 5(1), 37/2014 s. 10(Sch. item 36.42), 6/2018 s. 68(Sch. 2
item 35.10).
may at any time issue a warrant authorizing some police officer or other
person named therein to search such building receptacle, place or vehicle for
any such thing and to seize and carry it before the Magistrates' Court to be
dealt with according to law.
* * * * *
(2) Subject to this section the rules to be observed with regard to search
warrants mentioned in the Magistrates' Court Act 1989 shall extend and
apply to warrants under this section.
(3) The provisions of this section shall be read and construed as in aid
of and not in derogation of the provisions with regard to warrants to search
contained in this or any other Act.
(4) The Governor in Council may make regulations prescribing the form of
any warrant to be issued under this section and any such regulations shall be
published in the Government Gazette and shall be laid before both Houses of
Parliament within fourteen days after the making thereof if Parliament is then
sitting, and if not then within fourteen days after the next meeting of
Parliament.
S. 465(5) inserted by No.
22/1996s. 6(3), repealed by No.
48/1997 s. 61, new s. 465(5)
inserted by No. 25/2009 s. 5(2).
(ii) has been seized under the warrant and is at a place other
than
warrant premises;
(b) copy to another data storage device data held in, or accessible
from,
a computer, or data storage device, described in paragraph (a);
(ii) data held in a data storage device to which the data was
copied as
described in paragraph (b).
(3) A warrant may authorise the giving of a direction under subsection (2)
if the magistrate issuing the warrant is satisfied that—
(a) there are reasonable grounds for suspecting that data held in, or
accessible from, a computer, or data storage device, described in subsection
(2)(a) will afford evidence as to the commission of an indictable offence;
and
(c) the person fails to comply with the direction without reasonable
excuse.
S. 465AA inserted by
No. 79/2014 s. 69.
(ii) has been seized under the warrant and is at a place other
than
warrant premises;
(b) copy to another data storage device data held in, or accessible
from,
a computer, or data storage device, described in paragraph (a);
(ii) data held in a data storage device to which the data was
copied as
described in paragraph (b).
(4) An application may be made under subsection (2) at the same time as an
application is made for the warrant under section 465 or at any time after the
issue of the warrant.
(a) there are reasonable grounds for suspecting that data held in, or
accessible from, a computer, or data storage device, described in subsection
(3)(a) will afford evidence as to the commission of an indictable offence;
and
(6) A person is not excused from complying with an order on the ground
that complying with it may result in information being provided that might
incriminate the person.
(7) If—
(a) the computer or data storage device that is the subject of the
order
is seized under the warrant; and
(b) the order was granted on the basis of an application made before
the
seizure—
the order does not have effect on or after the completion of the execution
of the warrant.
Note
(8) If the computer or data storage device is not on warrant premises, the
order must—
(a) specify the period within which the person must provide the
information or assistance; and
(b) specify the place at which the person must provide the information
or
assistance; and
(i) of the order made under this section and of its terms; and
(c) the person fails to comply with the order without reasonable
excuse.
(1) If a thing seized under a warrant issued under section 465 to which a
direction under section 465(1B) applies is no longer required for
evidentiary purposes under this Act, the person to whom that warrant was issued
must give notice to all persons known to have an interest in that thing that the
thing is being held or retained as if it were tainted property seized under a
warrant under section 79 of the Confiscation Act 1997.
(a) given within 7 days after the thing is no longer required for
evidentiary purposes under this Act; and
S. 465B(1) amended by
No. 37/2014 s. 10(Sch. item 36.42).
(1) When a thing is brought before the Magistrates' Court to be dealt with
according to law in accordance with the warrant issued under section 465
under which that thing was seized, the police officer named in the warrant or
another police officer may apply to the Court for a direction that the thing so
seized be held or retained as if it were tainted property seized under a warrant
under section 79 of the Confiscation Act 1997.
S. 465C(1) amended by
No. 37/2014 s. 10(Sch. item 36.42).
(2) A direction under this section takes effect on and from the date that
the thing is no longer required for evidentiary purposes under this
Act.
(4) The power of the Court under this section is in addition to its powers
under section 78 of the Magistrates' Court Act 1989 in relation to seized
property.
(1) If the Magistrates' Court makes a direction under section 465C, the
applicant for the direction must give notice to all persons known to have an
interest in the thing to which the direction applies that the thing is being
held or retained as if it were tainted property seized under a warrant under
section 79 of the Confiscation Act 1997 by virtue of a direction made
under section 465C.
(a) given within 7 days after the thing is no longer required for
evidentiary purposes under this Act; and
If a direction has been made under section 465(1B) or 465C, the thing
to which the direction applies—
(a) is deemed, on and from the date on which the thing is no longer
required for evidentiary purposes under this Act, to have been seized as tainted
property under a warrant under section 79 of the Confiscation Act 1997;
and
* * * * *
* * * * *
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.
(3) If the conviction is set aside on appeal, the order for seizure and
destruction shall be ipso facto vacated.
(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.
S. 470(1) amended
by Nos 57/1989 s. 3(Sch. item 42.63(a)–(d)), 6/2018 s. 68(Sch. 2
item 35.12).
(2) The Magistrates' Court on the woman or girl being brought before it
may cause her to be delivered up to her parent or guardian or otherwise dealt
with as circumstances may permit and require.
(3) The magistrate at the time of or after issuing such warrant may issue
another warrant for the arrest of any person accused of so unlawfully detaining
such woman or girl and may order proceedings to be taken for prosecuting such
person according to law.
(b) if of or above the age of sixteen years and under the age of
eighteen
years is so detained against her will or against the will of her father or
mother or of any other person having the lawful care or charge of her;
or
(5) Any person authorized by warrant under this section to search for any
woman or girl so detained as aforesaid may enter (if need be, by force) any
house building or other place specified in such warrant, and may remove such
woman or girl therefrom.
S. 470(6) amended by Nos 8179 s. 4,
57/1989 s. 3(Sch. item 42.66(a)(b)), 37/2014 s. 10(Sch. item
36.42).
(6) Every warrant issued under this section shall be addressed to and
executed by a police officer of or above the rank of sergeant, who shall be
accompanied by the parent relative or guardian or other person referred to in
subsection (1) if such person so desire unless the magistrate otherwise
directs.
* * * * *
* * * * *
Division
2—Punishment
Ss 472–476A
repealed.[40]
* * * * *
S. 476B inserted by No. 9242 s. 3,
amended by Nos 16/1987 ss 4(3)(Sch. 1 item 8(b)), 12(Sch. 2
item 6(b)), 46/1998s. 7(Sch.
1), 48/2006 s. 42(Sch. item 9.4).
Ss 477–479
repealed.[41]
* * * * *
* * * * *
S. 479C(1)
amended by Nos 129/1993 s. 9(2), 45/1996 s. 18(Sch. 2 item 6.1),
26/1997 s. 52(1), 48/1997 s. 60(1)(Sch. 1 item 101), substituted by
No. 45/2001 s. 40(3).
S. 479C(1)(b)(ii)
amended by No. 37/2014 s. 10(Sch. item
36.42).
(a) does not return to prison when the instrument of authority expires
or
when otherwise required by the instrument to do so; or
S. 479C(2)(c)
amended by No. 37/2014 s. 10(Sch. item
36.42).
(c) does not return to prison upon being informed by an officer of the
Office of Corrections or a police officer that the instrument authorizing the
absence has been revoked—
(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).
(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.
* * * * *
Ss 480–484
repealed.[42]
* * * * *
Pt 3 Div. 2 Subdiv. (3) (Heading) amended by
No. 8679 s. 3(1)(c).
(3) Execution of
sentences
Ss 485–492
repealed[43].
* * * * *
* * * * *
Ss 495–497
repealed.[44]
* * * * *
* * * * *
Ss 499–502
repealed.[46]
* * * * *
* * * * *
* * * * *
Pt 3 Div. 2 Subdiv. (6) (Heading) repealed
by No. 25/1989 s. 20(l)(ii).
* * * * *
* * * * *
Division
3—Regulations
Part
IV—Probation and parole provisions
S. 506(1)
def. of
child inserted by No.
9966 s. 21(1)(a), amended by Nos 56/1989 s. 286(Sch. 2 item 7.16),
48/2006 s. 42(Sch. item 9.6).
S. 506(1)
def. of Director-General
amended by No. 9902 s. 2(1)(Sch. item 55), substituted by No. 9966
s. 21(1)(b), repealed by No.
45/1996s. 18(Sch. 2 item
6.4).
* * * * *
S. 506(1)
def. of Director-General of
Community Welfare Services inserted by No. 9966 s. 21(1)(b), repealed
by No. 46/1998s. 7(Sch.
1).
* * * * *
"prescribed" means prescribed by this Part or the regulations
thereunder;
S. 506(1)
def. of Secretary inserted
by No. 46/1998s. 7(Sch.
1).
(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.
Division
1—Probation
(1) Probation
officers
S. 507(1) amended
by Nos 6651 s. 57(c), 9427 s. 3(Sch. 2 item 6), 9966 s. 21(2)(a),
10260 s. 114(Sch. 4 item 5),
46/1998s. 7(Sch. 1), 108/2004
s. 117(1) (Sch. 3 item 48).
(1) Subject to the Public Administration Act 2004 there may from
time to time be appointed such stipendiary probation officers as the Governor
in Council thinks necessary for the purposes of Part 5 of the Penalties
and Sentences Act 1985.
(2) The Governor in Council may from time to time appoint fit persons to
be honorary probation officers for the purposes of Part 5 of the Penalties
and Sentences Act 1985 and may at any time remove any person so
appointed.
(3) All persons who immediately before the commencement of the Penal
Reform Act 1956 were probation officers by virtue of appointment pursuant to
section five hundred and thirty-six of the Crimes Act 1928 are declared
to have been as on and from the said commencement honorary probation officers as
if appointed under the last preceding subsection.
* * * * *
(4A) All stipendiary and honorary probation officers appointed under this
section shall be under the control of the Secretary to the Department of
Justice.
* * * * *
* * * * *
* * * * *
Ss 508, 509
repealed.[47]
* * * * *
* * * * *
Ss 510–515A
repealed.[48]
* * * * *
* * * * *
Ss 516–519A
repealed.[49]
* * * * *
* * * * *
* * * * *
Pt 4 Div. 2 (Heading and ss 521–541)
amended by Nos 6572 ss 2–4, 6651 s. 57(d)(e), 6884 s. 4,
6994 s. 2, 7184 ss 10, 11, 7269 ss 2–4, 7332 s. 2(Sch. 1
item 21), 7705 s. 10, 7876 s. 2(3), 8338 s. 7(a)(b)(i), repealed
by No. 8493 s. 33(e).
* * * * *
Division
3—Regulations
* * * * *
Part
V—Property of persons convicted of treason or an indictable
offence.Orders as
to costs
Ss 543–544
repealed.[50]
* * * * *
Provided that in the meantime and until the recovery of such costs and
expenses from the person so convicted as aforesaid or from his estate the same
shall be paid and provided for in the same manner as if this Part of this Act
had not been passed, and any money which may be recovered in respect thereof
from the person so convicted or from his estate shall be applicable to the
reimbursement of any person or fund by whom or out of which such costs and
expenses may have been paid or defrayed.
* * * * *
No. 6103 s. 543.
* * * * *
Pt 6 (Headings and
ss 566–584)
repealed.[52]
* * * * *
Part
7—General
S.
585inserted by No. 26/1997
s. 53, amended by No.
65/1997s.
82(4)(e).
S. 585(1)
amended by No. 81/1997 s. 29(2) (ILA
s. 39B(1)).
S.
585AAinserted by No. 70/2013
s. 5(Sch. 3 item 1).
Note
Section 3(1) of the Crimes (Theft) Act 1973 abolished the common law
offences of larceny, robbery, burglary, receiving stolen property, obtaining
property by threats, extortion by colour of office or franchise, false
accounting by public officers, concealment of treasure trove, and except in
regard to offences relating to public revenue, cheating, for all purposes not
related to offences committed before the commencement of the 1973 Act.
S.
585ABinserted by No. 70/2013
s. 5(Sch. 3 item 1).
Note
S.
585ACinserted by No. 70/2013
s. 5(Sch. 3 item 1).
CRIMES ACT 1958
- SECT 585AC
Transitional provisions—(Crimes (Classification of Offences) Act 1981)
Note
(4) The re-enactment by this section of section 3(2) and (3) of the
Crimes (Classification of Offences) Act 1981 does not affect the
operation of any Act enacted after that 1981 Act.
S.
585ADinserted by No. 70/2013
s. 5(Sch. 3 item 1).
(3) Subject to subsections (1) and (2), this Act as amended by the
Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done
before as well as to acts done after the commencement of that 1984
Act.
S.
585AEinserted by No. 70/2013
s. 5(Sch. 3 item 1).
Note
S.
585AFinserted by No. 70/2013
s. 5(Sch. 3 item 1).
(d) any provision of section 13, 15, 16(1)(a), (b), (c), (d) or (e) or
19.
(4) For the purposes of this section an offence is not alleged to have
been committed after the commencement of a provision if it is alleged to have
been committed between two dates, one before and one after that
commencement.
(5) This section adds to, and does not take away from, the provisions of
the Interpretation of Legislation Act 1984.
(6) The re-enactment by this section of section 21(2) of, and the Schedule
to, the Crimes (Sexual Offences) Act 1991 does not affect the operation
of any Act enacted after the Crimes (Sexual Offences) Act 1991.
(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 expressions used in subsection (2) have the same meaning as in
section 67A of this Act.
(3) The amendments of section 568 of this Act made by section 59 of the
Sentencing and Other Acts (Amendment) Act 1997 apply to appeals heard and
determined by the Court of Appeal after the commencement of section 59 of the
Sentencing and Other Acts (Amendment) Act 1997, irrespective of when the
notice of appeal or notice of application for leave to appeal was
given.
S. 586
inserted by No. 69/1997
s. 25.
S. 587
inserted by No. 81/1997
s. 8.
(3) The amendments of section 47A of this Act made by section 5(1) of the
Crimes (Amendment) Act 1997 apply only to offences against
section 47A(1) alleged to have been committed on or after
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.
S.
589inserted by No.
81/1997s. 30.
(7) The amendments of section 464ZG(8) and (9) made by section 27(5) and
(6) of the Crimes (Amendment) Act 1997 apply only to offences alleged to
have been committed after the commencement of section 27 of that Act.
S. 590
inserted by No.
80/1998s. 4.
S. 590
inserted by No.
65/1998s. 4,
re-numbered as s. 591 by No.
10/1999 s. 31(5)(e).
(2) If an offence is alleged to have been committed between two dates and
section 3 of the Crimes (Amendment) Act 1998 commences on a date between
those two dates, for the purposes of subsection (1) the offence must be taken to
have been alleged to have been committed before the commencement of that
section.
S. 592
inserted by No. 10/1999
s. 20.
(4) For the purposes of subsections (2) and (3), if an offence is alleged
to have been committed between two dates, one before and one on or after the
commencement day, the offence is alleged to have been committed before the
commencement day.
(5) From any time on or after the commencement day a charge or presentment
may be filed against a person for an offence against section 45 of this Act, as
substituted by section 5 of the Crimes (Amendment) Act 2000, irrespective
of whether the offence is alleged to have been committed before, on or after the
commencement day provided it is not alleged to have been committed before
5 August 1991.
(7) Section 359A(1) of this Act, as in force before the commencement day,
continues to apply to an alleged offence against section 45 or 46 (as in force
before the commencement day) or an attempt to commit any such offence or an
assault with intent to commit any such offence for which a person is directed to
be tried, or with which a person is charged on indictment or presentment, before
the commencement day.
(8) The amendments of section 425(1) of this Act made by section 7 of the
Crimes (Amendment) Act 2000 apply to any trial that commences on or after
the commencement day and an accused may be found guilty in such a trial of an
offence against section 45 of this Act, as substituted by section 5 of the
Crimes (Amendment) Act 2000, irrespective of whether the conduct
constituting the offence is alleged to have occurred before, on or after the
commencement day provided it is not alleged to have occurred before 5 August
1991.
(10) Section 425(3) of this Act, as in force before the commencement day,
continues to apply to any trial of an offence against section 45(1) or 46(1) (as
in force before the commencement day) that occurs on or after the commencement
day, irrespective of whether that trial commenced before, on or after the
commencement day.
(2) The amendment of section 464ZFB of this Act made by section 13 of the
Crimes (DNA Database) Act 2002 applies to a person found guilty of an
offence on or after the commencement of section 13 of that Act.
(5) The amendments of this Act made by section 18(1) of the Crimes
(DNA Database) Act 2002 only apply to offences alleged to have been
committed on or after the commencement of section 18(1) of that Act.
(6) For the purposes of subsections (4) and (5), if an offence is alleged
to have been committed between two dates, one before and one after the
commencement of section 17 or 18(1) (as the case requires) of the Crimes
(DNA Database) Act 2002, the offence is alleged to have been committed
before that commencement.
S. 597 inserted by No. 10/2003
s. 9.
(3) The amendments of section 21A of this Act made by Part 2 of the
Crimes (Stalking) Act 2003 do not affect the rights of the parties in the
proceeding known as DPP v Sutcliffe (No. 6562 of 2000) in the
Supreme Court.
(a) the person was in custody within the meaning of Subdivision (30A)
of
Division 1 of Part III; or
(2) The amendments made to this Act by sections 3(c) and 17 of the
Justice Legislation (Further Miscellaneous Amendments) Act 2006 only
apply to recordings made on or after the commencement of that Act.
(3) Section 359B applies to any trial or summary hearing that commences on
or after the commencement of section 8 of the Courts Legislation
(Jurisdiction) Act 2006, irrespective of when the offence to which the trial
or summary hearing relates is alleged to have been committed.
(b) do not apply to any legal proceeding that commenced before the
commencement of section 3 if, before the commencement of section 3, the accused
had been committed for trial or charged on indictment or presentment with the
offence to which the proceeding relates.
(2) In the case of any proceeding that commenced before the day the
Statute Law Amendment (Evidence Consequential Provisions) Act 2009
commenced, this Act, as amended by the Statute Law Amendment (Evidence
Consequential Provisions) Act 2009, applies to that part of the proceeding
that takes place on or after that day, other than a hearing in the proceeding to
which subsection (3) applies.
(b) was adjourned until that day or a day after that day.
S. 621A inserted by
No. 79/2014 s. 70.
CRIMES ACT 1958
- SECT 621A
Transitional provision—Justice Legislation Amendment (Confiscation and Other
Matters) Act 2014
S. 622 inserted by
No. 36/2014 s. 5.
S. 623 inserted by
No. 63/2014 s. 8.
S. 624 inserted by
No. 72/2014 s. 5.
(6) Despite subsection (5), the amendments made to this Act by section 8
of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 do
not apply to a proceeding in which the hearing or trial (as the case
requires) has commenced before the commencement of that section.
Note
See section 210 of the Criminal Procedure Act 2009 regarding when a
trial commences.
S. 627 inserted by
No. 20/2015 s. 24.
Note
See section 210 of the Criminal Procedure Act 2009 for when a trial
commences.
(2) Section 465AAA applies with respect to a warrant issued under section
465 irrespective of when the offence to which the warrant relates is suspected
to have been committed.
S. 629 inserted by
No. 43/2017 s. 64(5),
re-numbered as s. 628A by No.
5/2018 s. 42.
S. 629 inserted by
No. 47/2016 s. 22.
S. 630 inserted by
No. 54/2016 s. 30.
(3) On and from 1 July 2016, information transmitted from the Australian
Crime Commission to the Chief Commissioner of Police is
taken to have been lawfully transmitted in accordance with an
arrangement entered into under section 464ZGN(2).
(a) a sample that was taken in accordance with an order under section
464ZF(2) that was made before the commencement day; or
(a) taken in accordance with an order under section 464ZF(2) that was
made
on or after the commencement day; or
(b) that is the subject of an order under section 464ZFB(1) that was
made on or after the commencement day.
S. 634 inserted by
No. 65/2017 s. 24(1).
(2) For the purposes of subsection (1), if any of the conduct constituting
the offence set out in section 327(2) of this Act is alleged to have
occurred between 2 dates, one before and one on or after the commencement of
section 16 of the Children Legislation Amendment Act 2019, all of
the conduct constituting the offence is taken to have occurred before that
commencement.
Number of Act
Title of Act
Extent of Repeal
6103
The whole
6166
Crimes (Amendment) Act 1957
The whole
6167
The whole
* * * * *
* * * * *
* * * * *
* * * * *
Sch. 6
repealed.[53]
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
(h) section 45(4) (assault with intent to commit rape with aggravating
circumstances);
(j) section 47(2) (attempted sexual penetration of child under the age
of
10);
(k) section 47(2) (assault with intent to take part in act of sexual
penetration with child under the age of 10);
(n) section 48(2) (assault with intent to take part in act of sexual
penetration with child aged between 10 and 16);
(o) section 50(1) (gross indecency with child under the age of
16);
(s) section 52 (incest) but not section 52(4) or (5) if both people
are
aged 18 or older and each consented to taking part in the act of sexual
penetration;
(h) section 48(1) (unlawfully and carnally knowing and abusing girl
aged
between 10 and 16);
(j) section 48(2) (assault with intent to unlawfully and carnally know
and
abuse girl aged between 10 and 16);
(k) section 52 (incest) but not section 52(3) or (4) if the woman or
girl
is the sister of the offender and both are aged 18 or older and the carnal
knowledge or attempt or assault with intent to have unlawful carnal knowledge
was or was made with the consent of the sister;
(w) section 69(1) (act of gross indecency with girl under the age
of 16).
(b) section 47(1) (indecent act with child under the age of 16);
(c) section 47A(1) (persistent sexual abuse of child under the age of
16);
11E An offence against section 45(1) of the Crimes Act 1958 (sexual
penetration of child under the age of 16) inserted in the Crimes Act 1958
on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000
and repealed by section 16 of the Crimes Amendment (Sexual Offences)
Act 2016.
11K An offence against section 52(1) or (2) of the Crimes Act 1958
(sexual offences against persons with a cognitive impairment by workers)
inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of
the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the
Crimes Amendment (Sexual Offences) Act 2016.
11M An offence against section 58(1), (2) or (3) of the Crimes Act
1958 (procuring sexual penetration of a child) inserted in the Crimes Act
1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences)
Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual
Offences) Act 2016.
* * * * *
12A An offence that, at the time it was committed, was a forensic sample
offence.
Property offences
* * * * *
* * * * *
* * * * *
Explosive substances
* * * * *
Parties to offence
* * * * *
Drug offences
* * * * *
Section 464(2)
1 Child homicide.
1A Homicide by firearm.
2 Murder.
3 Manslaughter.
4 Treason.
* * * * *
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
;Í
Version No.
292
No. 6231 of 1958Version incorporating amendments as at1 July 2020
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
;Í
Endnotes
1 General information
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
• Headings
• Punctuation
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
2 Table of Amendments
––––––––––––
;–––––––––––̵
1;–––––––––––R
11;–––––––––––
211;–––––––––––&#
8211;–Companies
Act 1958, No. 6455/1958
Assent Date:
2.12.58
Commencement Date:
Current State:
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
Assent Date:
17.11.59
Commencement Date:
17.11.59
Current State:
1.12.59
Commencement Date:
Current State:
Assent Date:
15.6.60
Commencement Date:
S. 57(b)–(e) on 11.7.60: Government Gazette 6.7.60
p. 2210; s. 57(a) on 1.7.65: Government Gazette 30.6.65
p. 2016
Current State:
Assent Date:
15.6.60
Commencement Date:
Current State:
Assent Date:
21.12.60
Commencement Date:
Sch. 1 on 1.4.59: s. 3
Current State:
Assent Date:
21.12.60
Commencement Date:
21.12.60
Current State:
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
All of Act in operation
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
Assent Date:
26.4.61
Commencement Date:
Current State:
Assent Date:
5.12.61
Commencement Date:
Assent Date:
19.12.61
Commencement Date:
Current State:
2.5.62
Commencement Date:
Current State:
Assent Date:
8.5.62
Commencement Date:
Current State:
Assent Date:
18.12.62
Commencement Date:
18.12.62
Current State:
7.5.63
Commencement Date:
7.5.63
Current State:
Assent Date:
10.12.63
Commencement Date:
10.12.63
Current State:
Assent Date:
2.12.64
Commencement Date:
Current State:
Assent Date:
18.5.65
Commencement Date:
18.5.65
Current State:
Assent Date:
25.5.65
Commencement Date:
25.5.65
Current State:
Assent Date:
7.12.65
Commencement Date:
Current State:
Assent Date:
14.12.65
Commencement Date:
14.12.65: subject to s. 3
Current State:
Assent Date:
17.5.66
Commencement Date:
Current State:
Assent Date:
17.3.67
Commencement Date:
17.3.67
Current State:
All of Act in operation
Assent Date:
8.11.67
Commencement Date:
8.11.67
Current State:
Assent Date:
19.12.67
Commencement Date:
Current State:
Assent Date:
19.12.67
Commencement Date:
Assent Date:
7.5.68
Commencement Date:
7.5.68
Current State:
15.10.68
Commencement Date:
Current State:
Assent Date:
15.10.68
Commencement Date:
1.1.69: Government Gazette 4.12.68
p. 3919
Current State:
Assent Date:
18.12.68
Commencement Date:
18.12.68
Current State:
Assent Date:
25.11.69
Commencement Date:
Current State:
Assent Date:
2.12.69
Commencement Date:
2.12.69
Current State:
Assent Date:
16.12.69
Commencement Date:
Current State:
All of Act in operation
Assent Date:
4.11.70
Commencement Date:
4.11.70
Current State:
Assent Date:
22.12.70
Commencement Date:
Current State:
Assent Date:
4.5.71
Commencement Date:
Assent Date:
23.11.71
Commencement Date:
Current State:
23.11.71
Commencement Date:
Current State:
Assent Date:
6.4.72
Commencement Date:
1.7.72: Government Gazette 28.6.72
p. 2360
Current State:
Assent Date:
13.5.72
Commencement Date:
Current State:
13.5.72
Commencement Date:
13.5.72
Current State:
Assent Date:
5.12.72
Commencement Date:
29.1.73: Government Gazette 24.1.73
p. 164
Current State:
Assent Date:
17.4.73
Commencement Date:
Current State:
Assent Date:
17.4.73
Commencement Date:
Current State:
Assent Date:
17.4.73
Commencement Date:
Current State:
Assent Date:
17.4.73
Commencement Date:
Assent Date:
4.12.73
Commencement Date:
Current State:
29.4.75
Commencement Date:
29.4.75
Current State:
Assent Date:
16.5.75
Commencement Date:
S. 173(Sch. 3) on 1.7.76: Government Gazette 24.3.76
p. 848
Current State:
Assent Date:
19.11.75
Commencement Date:
Current State:
16.6.76
Commencement Date:
Current State:
Assent Date:
14.12.76
Commencement Date:
Current State:
Assent Date:
10.5.77
Commencement Date:
10.5.77
Current State:
Assent Date:
10.5.77
Commencement Date:
Current State:
Assent Date:
17.5.77
Commencement Date:
17.5.77: subject to s. 2
Current State:
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:
Assent Date:
29.11.77
Commencement Date:
Current State:
6.12.77
Commencement Date:
Current State:
Assent Date:
30.5.78
Commencement Date:
Assent Date:
19.12.78
Commencement Date:
Current State:
19.12.78
Commencement Date:
Current State:
Assent Date:
19.12.78
Commencement Date:
Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79:
Government Gazette 21.3.79 p. 729
Current State:
Assent Date:
18.12.79
Commencement Date:
Current State:
Assent Date:
20.5.80
Commencement Date:
Current State:
Assent Date:
27.5.80
Commencement Date:
Current State:
Assent Date:
23.12.80
Commencement Date:
23.12.80
Current State:
Assent Date:
23.12.80
Commencement Date:
Current State:
19.5.81
Commencement Date:
Current State:
Assent Date:
19.5.81
Commencement Date:
Assent Date:
26.5.81
Commencement Date:
Current State:
12.1.82
Commencement Date:
Current State:
Assent Date:
21.12.82
Commencement Date:
Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83
p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83
p. 1146
Current State:
Assent Date:
15.6.83
Commencement Date:
Current State:
23.6.83
Commencement Date:
Current State:
Assent Date:
20.9.83
Commencement Date:
Current State:
Assent Date:
22.11.83
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
20.12.83
Commencement Date:
Current State:
Assent Date:
15.5.84
Commencement Date:
Current State:
Assent Date:
15.5.84
Commencement Date:
Assent Date:
22.5.84
Commencement Date:
Current State:
22.5.84
Commencement Date:
Current State:
Assent Date:
22.5.84
Commencement Date:
Current State:
Assent Date:
20.11.84
Commencement Date:
Current State:
Assent Date:
10.12.85
Commencement Date:
Current State:
Assent Date:
10.12.85
Commencement Date:
Current State:
Assent Date:
10.12.85
Commencement Date:
Assent Date:
10.12.85
Commencement Date:
Current State:
22.4.86
Commencement Date:
Current State:
Assent Date:
20.5.86
Commencement Date:
Current State:
Assent Date:
16.12.86
Commencement Date:
Current State:
Assent Date:
16.12.86
Commencement Date:
Current State:
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
Assent Date:
16.12.86
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
23.12.86
Commencement Date:
Current State:
23.12.86
Commencement Date:
Current State:
Assent Date:
23.12.86
Commencement Date:
Assent Date:
12.5.87
Commencement Date:
Current State:
Assent Date:
12.5.87
Commencement Date:
Current State:
Assent Date:
24.11.87
Commencement Date:
Current State:
Assent Date:
24.11.87
Commencement Date:
Current State:
All of Act in operation
Assent Date:
24.5.88
Commencement Date:
Current State:
Assent Date:
24.5.88
Commencement Date:
Current State:
Assent Date:
24.5.88
Commencement Date:
Assent Date:
24.5.88
Commencement Date:
Current State:
9.5.89
Commencement Date:
Current State:
Assent Date:
16.5.89
Commencement Date:
Current State:
Assent Date:
6.6.89
Commencement Date:
Current State:
Assent Date:
6.6.89
Commencement Date:
Current State:
Assent Date:
6.6.89
Commencement Date:
Current State:
Assent Date:
14.6.89
Commencement Date:
Assent Date:
14.6.89
Commencement Date:
Current State:
Assent Date:
14.6.89
Commencement Date:
Current State:
Assent Date:
5.12.89
Commencement Date:
Current State:
Assent Date:
5.6.90
Commencement Date:
Current State:
All of Act in operation
Assent Date:
20.11.90
Commencement Date:
Current State:
18.12.90
Commencement Date:
Current State:
Assent Date:
16.4.91
Commencement Date:
Assent Date:
31.5.91
Commencement Date:
31.5.91: s. 2
Current State:
25.6.91
Commencement Date:
Current State:
Assent Date:
19.11.91
Commencement Date:
19.11.91: s. 2
Current State:
Assent Date:
3.12.91
Commencement Date:
Current State:
Assent Date:
2.6.92
Commencement Date:
Current State:
Assent Date:
11.5.93
Commencement Date:
11.5.93: s. 2
Current State:
Assent Date:
25.5.93
Commencement Date:
25.5.93: s. 2
Current State:
Assent Date:
1.6.93
Commencement Date:
Current State:
Assent Date:
8.6.93
Commencement Date:
Current State:
Assent Date:
7.12.93
Commencement Date:
S. 79 on 7.12.93: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
14.12.93
Commencement Date:
Current State:
17.5.94
Commencement Date:
Current State:
Assent Date:
7.6.94
Commencement Date:
Current State:
Assent Date:
13.12.94
Commencement Date:
Current State:
Assent Date:
13.12.94
Commencement Date:
Current State:
Assent Date:
20.12.94
Commencement Date:
Current State:
Assent Date:
14.6.95
Commencement Date:
Assent Date:
5.12.95
Commencement Date:
Current State:
5.12.95
Commencement Date:
Current State:
Assent Date:
2.7.96
Commencement Date:
Current State:
Assent Date:
6.11.96
Commencement Date:
Current State:
Assent Date:
26.11.96
Commencement Date:
Current State:
Assent Date:
26.11.96
Commencement Date:
26.11.96: s. 2
Current State:
Assent Date:
17.12.96
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
20.5.97
Commencement Date:
Current State:
27.5.97
Commencement Date:
S. 6 on 1.9.97: s. 2(3)
Current State:
Assent Date:
11.6.97
Commencement Date:
Current State:
Assent Date:
11.6.97
Commencement Date:
Current State:
Assent Date:
18.11.97
Commencement Date:
S. 82 on 18.4.98: s. 2(3)
Current State:
Assent Date:
18.11.97
Commencement Date:
Current State:
Assent Date:
2.12.97
Commencement Date:
Current State:
Assent Date:
16.12.97
Commencement Date:
Current State:
Assent Date:
23.12.97
Commencement Date:
Current State:
Assent Date:
26.5.98
Commencement Date:
Assent Date:
2.6.98
Commencement Date:
Current State:
4.11.98
Commencement Date:
Current State:
Assent Date:
13.11.98
Commencement Date:
Current State:
Assent Date:
11.5.99
Commencement Date:
Current State:
Assent Date:
1.6.99
Commencement Date:
Current State:
Assent Date:
8.6.99
Commencement Date:
S. 34 on 1.9.99: s. 2(3)
Current State:
Assent Date:
12.9.00
Commencement Date:
S. 94 on 1.8.01: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
21.11.00
Commencement Date:
22.11.00: s. 2
Current State:
21.11.00
Commencement Date:
Current State:
Assent Date:
5.12.00
Commencement Date:
6.12.00: s. 2
Current State:
Assent Date:
5.12.00
Commencement Date:
Current State:
27.6.01
Commencement Date:
S. 40 on 1.3.02: s. 2(2)
Current State:
Assent Date:
16.10.01
Commencement Date:
17.10.01: s. 2
Current State:
Assent Date:
23.10.01
Commencement Date:
Current State:
Assent Date:
7.11.01
Commencement Date:
S. 20 on 8.11.01: s. 2(1)
Current State:
Assent Date:
4.12.01
Commencement Date:
S. 7 on 5.12.01: s. 2
Current State:
Assent Date:
23.4.02
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
21.5.02
Commencement Date:
Current State:
18.6.02
Commencement Date:
Current State:
Assent Date:
6.5.03
Commencement Date:
Ss 4–9 on 7.5.03: s. 2
Current State:
Assent Date:
16.6.03
Commencement Date:
Current State:
30.9.03
Commencement Date:
Current State:
Assent Date:
11.11.03
Commencement Date:
S. 185 on 1.7.05: s. 2
Current State:
Assent Date:
9.12.03
Commencement Date:
Ss 3, 4 on 1.1.04: s. 2(3)
Current State:
Assent Date:
9.12.03
Commencement Date:
10.12.03: s. 2
Current State:
Assent Date:
18.5.04
Commencement Date:
Ss 3–7 on 19.5.04: s. 2
Current State:
Assent Date:
16.6.04
Commencement Date:
17.6.04: s. 2
Current State:
All of Act in operation
Assent Date:
21.9.04
Commencement Date:
S. 79 on 1.10.04: s. 2
Current State:
Assent Date:
12.10.04
Commencement Date:
13.10.04: s. 2
Current State:
Assent Date:
12.10.04
Commencement Date:
S. 4(1) on 13.10.04: s. 2
Current State:
Assent Date:
9.11.04
Commencement Date:
Current State:
21.12.04
Commencement Date:
Current State:
Assent Date:
27.4.05
Commencement Date:
S. 12 on 28.4.05: s. 2; s. 13(1)–(3) on 26.5.05:
s. 2(2)
Current State:
Assent Date:
27.4.05
Commencement Date:
Current State:
Assent Date:
24.5.05
Commencement Date:
Current State:
Assent Date:
13.9.05
Commencement Date:
Ss 6, 7 on 14.9.05: s. 2
Current State:
Assent Date:
11.10.05
Commencement Date:
12.10.05: s. 2
Current State:
All of Act in operation
Assent Date:
22.11.05
Commencement Date:
Current State:
Assent Date:
29.11.05
Commencement Date:
S. 9 on 1.7.06: s. 2(3)
Current State:
Assent Date:
7.12.05
Commencement Date:
Assent Date:
7.3.06
Commencement Date:
Current State:
4.4.06
Commencement Date:
S. 3 on 1.9.06: s. 2(2)
Current State:
Assent Date:
11.4.06
Commencement Date:
Ss 13–15 on 12.4.06: s. 2(1)
Current State:
Assent Date:
16.5.06
Commencement Date:
Current State:
6.6.06
Commencement Date:
Ss 3–18 on 30.6.06: s. 2
Current State:
Assent Date:
15.8.06
Commencement Date:
Current State:
Assent Date:
15.8.06
Commencement Date:
Assent Date:
10.10.06
Commencement Date:
Ss 3, 4 on 1.12.06: s. 2(4)
Current State:
24.7.07
Commencement Date:
25.7.07: s. 2
Current State:
Assent Date:
17.10.07
Commencement Date:
S. 57 on 30.6.08: Government Gazette 26.6.08 p.
1388
Current State:
Assent Date:
27.11.07
Commencement Date:
Current State:
Assent Date:
18.3.08
Commencement Date:
Current State:
Assent Date:
18.3.08
Commencement Date:
Current State:
Assent Date:
18.3.08
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
15.4.08
Commencement Date:
Current State:
13.5.08
Commencement Date:
Current State:
Assent Date:
3.6.08
Commencement Date:
Current State:
Assent Date:
1.7.08
Commencement Date:
Current State:
Assent Date:
2.9.08
Commencement Date:
Current State:
Assent Date:
23.9.08
Commencement Date:
Current State:
Assent Date:
22.10.08
Commencement Date:
Ss 9–11 on 23.10.08: s. 2
Current State:
Assent Date:
18.11.08
Commencement Date:
Current State:
Assent Date:
11.12.08
Commencement Date:
S. 25 on 31.12.09: s. 2(3)
Current State:
Assent Date:
10.2.09
Commencement Date:
S. 3 on 11.2.09: s. 2
Current State:
Assent Date:
10.2.09
Commencement Date:
Current State:
10.3.09
Commencement Date:
Current State:
Assent Date:
17.6.09
Commencement Date:
Current State:
Assent Date:
17.6.09
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
24.11.09
Commencement Date:
Current State:
24.11.09
Commencement Date:
Current State:
Assent Date:
15.12.09
Commencement Date:
Assent Date:
15.12.09
Commencement Date:
Current State:
16.3.10
Commencement Date:
S. 3 on 17.3.10: s. 2
Current State:
Assent Date:
30.3.10
Commencement Date:
Current State:
Assent Date:
24.8.10
Commencement Date:
Current State:
Assent Date:
7.9.10
Commencement Date:
Current State:
Assent Date:
28.9.10
Commencement Date:
Current State:
Assent Date:
28.9.10
Commencement Date:
Assent Date:
28.9.10
Commencement Date:
Current State:
7.6.11
Commencement Date:
Current State:
Assent Date:
21.6.11
Commencement Date:
S. 5 on 1.7.14: s. 2(5)
Current State:
Assent Date:
6.9.11
Commencement Date:
Current State:
Assent Date:
2.11.11
Commencement Date:
S. 3 on 3.11.11: s. 2
Current State:
Assent Date:
21.12.11
Commencement Date:
Current State:
Assent Date:
27.6.12
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
4.9.12
Commencement Date:
S. 47 on 5.9.12: s. 2(1)
Current State:
18.12.12
Commencement Date:
Current State:
Assent Date:
18.12.12
Commencement Date:
S. 32 on 20.12.12: Special Gazette (No. 444) 19.12.12
p. 1
Current State:
Assent Date:
26.2.13
Commencement Date:
Current State:
Assent Date:
23.4.13
Commencement Date:
24.4.13: s. 2
Current State:
Assent Date:
22.10.13
Commencement Date:
Current State:
Assent Date:
19.11.13
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
3.12.13
Commencement Date:
Current State:
17.12.13
Commencement Date:
Current State:
Assent Date:
25.2.14
Commencement Date:
Assent Date:
25.2.14
Commencement Date:
Current State:
Assent Date:
25.3.14
Commencement Date:
Current State:
Assent Date:
8.4.14
Commencement Date:
Current State:
Assent Date:
8.4.14
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
3.6.14
Commencement Date:
Current State:
3.6.14
Commencement Date:
Current State:
Assent Date:
12.8.14
Commencement Date:
Assent Date:
26.8.14
Commencement Date:
Current State:
Assent Date:
2.9.14
Commencement Date:
Current State:
Assent Date:
9.9.14
Commencement Date:
Current State:
Assent Date:
23.9.14
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
30.9.14
Commencement Date:
Current State:
21.10.14
Commencement Date:
Current State:
Assent Date:
21.10.14
Commencement Date:
Assent Date:
12.5.15
Commencement Date:
Current State:
Assent Date:
2.6.15
Commencement Date:
S. 3 on 3.6.15: s. 2
Current State:
Assent Date:
16.6.15
Commencement Date:
Current State:
Assent Date:
22.9.15
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
22.9.15
Commencement Date:
Current State:
18.11.15
Commencement Date:
Ss 25–27 on 19.11.15: s. 2
Current State:
Assent Date:
16.2.16
Commencement Date:
Assent Date:
26.4.16
Commencement Date:
Current State:
3.5.16
Commencement Date:
Current State:
Assent Date:
31.5.16
Commencement Date:
Current State:
Assent Date:
15.6.16
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
6.9.16
Commencement Date:
Current State:
18.10.16
Commencement Date:
Current State:
Assent Date:
18.10.16
Commencement Date:
Assent Date:
15.11.16
Commencement Date:
Current State:
15.3.17
Commencement Date:
Current State:
Assent Date:
16.5.17
Commencement Date:
Current State:
Assent Date:
16.5.17
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
20.6.17
Commencement Date:
Current State:
27.6.17
Commencement Date:
Current State:
Assent Date:
15.8.17
Commencement Date:
Assent Date:
15.8.17
Commencement Date:
Current State:
29.8.17
Commencement Date:
S. 81 on 30.8.17: s. 2(1)
Current State:
Assent Date:
26.9.17
Commencement Date:
Current State:
Assent Date:
26.9.17
Commencement Date:
Assent Date:
19.12.17
Commencement Date:
Current State:
27.2.18
Commencement Date:
Current State:
Assent Date:
27.2.18
Commencement Date:
Ss 63, 68(Sch. 2 item 35) on 1.3.19: s.
2(2)
Current State:
Assent Date:
27.2.18
Commencement Date:
S. 14 on 28.2.18: s. 2
Current State:
Assent Date:
7.8.18
Commencement Date:
Current State:
Assent Date:
14.8.18
Commencement Date:
Current State:
Assent Date:
25.9.18
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
13.3.19
Commencement Date:
Current State:
4.6.19
Commencement Date:
Current State:
Assent Date:
25.6.19
Commencement Date:
S. 257 on 1.7.19: Special Gazette (No. 254)
25.6.19 p. 1
Current State:
Assent Date:
17.9.19
Commencement Date:
Current State:
Assent Date:
22.10.19
Commencement Date:
Current State:
Assent Date:
3.12.19
Commencement Date:
S. 9 on 1.7.20: s. 2(2)
Current State:
Assent Date:
10.6.20
Commencement Date:
Current State:
This information relates only to the provision/s amending
the Crimes Act 1958
Assent Date:
30.6.20
Commencement Date:
Current State:
––––––––––––
;–––––––––––̵
1;–––––––––––R
11;–––––––––––
211;–––––––––––&#
8211;–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;–––––––––––R
11;–––––––––––
211;–––––––––––&#
8211;–
This version does not contain amendments that are not yet in
operation.
4 Explanatory details
[4] Ss 96–174:
(2) In section 317AC(1)(b), (2) and (3) (excluding the Notes) of the
Crimes Act 1958, for "or a custodial officer" (wherever occurring)
substitute ", a custodial officer or a youth justice custodial
worker.".
[22]
Ss 327–332:
[24]
Section 359 amended by Nos 7703 s. 5, 7705 s. 10, 8338
s. 7(a)(d)–(f)(q), 9008 s. 2(1)(Sch. item 2(c)), 9848
s. 18(1), 10087 s. 3(1)(Sch. 1 item 26), 110/1986 s. 140(2),
16/1987 s. 4(3)(Sch. 1 item 8(a)), 19/1989 s. 16(Sch. item 16.3),
57/1989 s. 3(Sch. item 42.23), 64/1990 s. 12(2)-(4), 43/1994
s. 56(Sch. item 1.6), 35/1996 s. 453(Sch. 1 item 16.2), 46/1998
s. 7(Sch. 1), repealed by No. 7/2009 s. 422(2)(a) (as amended by No.
68/2009 s. 54(h)).
[25]
Pt 3 Div. 1 Subdiv. (5) (Heading and s. 360) amended by Nos 7703
s. 5, 7705 s. 10, 8338 s. 7(a), 9008 s. 2(1)(Sch. item
2(d)), 9427 s. 6(1)(Sch. 5 item 37), 9576 s. 11(1), 9848
s. 18(1), 60/1993 s. 27, 43/1994 s. 56(Sch. item 1.7),
48/1995 s. 11(3)(a), 65/1998 s. 6, 18/2005 s. 18(Sch. 1
items 27.4, 27.5), repealed by No. 7/2009 s. 422(2)(a) (as
amended by No. 68/2009 s. 54(h)).
[26]
Pt 3 Div. 1 Subdiv. (6) (Heading and s. 361) amended by Nos 7703
s. 5, 8280 s. 14, 8338 s. 7(a)(d)(g), 9019 s. 2(1)(Sch. item
41), 110/1986 s. 140(2), 19/1989 s. 16(Sch. item 16.4), 26/1997
s. 51, 65/1997 s. 82(1), 45/2001 s. 40(1), 11/2002 s. 3(Sch.
1 item 13), 23/2006 s. 236(3), 48/2006 s. 42(Sch. item 9.1), repealed
by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
[27]
Pt 3 Div. 1 Subdiv. (9) (Heading and ss 364–387) amended by Nos
8425 s. 2(1)(h)(j)(k), 9019 s. 2(1)(Sch. items 42, 43), 9427
s. 6(1)(Sch. 5 item 38), 9576 s. 11(1), 10079 s. 8(e), 10084
s. 6(1)(2), 10260 s. 114(Sch. 4 item 5), 25/1989 ss 9, 20(i),
57/1989 s. 3(Sch. item 42.27), 49/1991 s. 119(7)(Sch. 4
item 4.2), 81/1997 s. 7(1), repealed by No. 7/2009
s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)).
Section 89
1 Definitions
In this Schedule—
2 Existing detainees
(1) Each existing detainee is, on and after the commencement day, deemed
to be subject to a custodial supervision order under this Act.
(4) The nominal term runs from the day on which the existing detainee was
made subject to the order under section 393 or 420 of the Crimes Act
1958.
(5) If the nominal term has expired, a major review must be held within 6
months after the commencement day.
3 Leave
(2) Subclause (1) applies for the period of 12 months commencing on,
and including, the commencement day.
(3) For the purposes of this clause, leave granted before the commencement
day corresponds to leave that may be granted under Part 7 if it is substantially
similar to that leave.
(2) On an application under subclause (1) the court may revoke the
supervision order if satisfied on the evidence available that the safety of the
existing detainee or members of the public will not be seriously endangered as a
result of the revocation of the order.
Despite the repeal of section 498 of the Crimes Act 1958, any
conditions imposed on a person under that section that were in force immediately
before the commencement day continue to apply on and after the commencement
day.
(1) Part 2 applies with respect to an offence that is alleged to have been
committed, whether before, on or after the commencement day.
(2) If a person has been found unfit to stand trial but no order has been
made in respect of the person before the commencement day, the court must
proceed to hold a special hearing under Part 3 in respect of the
person.
(1) Despite section 25, the defence of insanity continues to apply with
respect to any offence alleged to have been committed before the commencement
day.
9 Notification requirements
(a) applications that are made after the commencement of that section
17;
and
(b) reviews that are listed by the court after the commencement of
that
section 17.
10 Appeals
(1) An order for unconditional release can be appealed under section 19A
or 24A (as the case may be) whether the order was made before or after the
commencement of that section, unless—
(b) any time limit for appealing the order had expired before that
commencement.
(2) A supervision order can be appealed under section 28A whether the
order was made before or after the commencement of that section,
unless—
(b) any time limit for appealing the order had expired before that
commencement.
(b) any time limit for appealing the order had expired before that
commencement.
(6) Any appeal referred to in subclause (1)(a), (2)(a) or (3)(a) that has
not been determined before the commencement referred to in that subclause is to
be determined in accordance with this Act as in force immediately before that
commencement.
[29]
Pt 3 Div. 1 Subdiv. (12) (Heading and ss 390–396) amended by
Nos 6884 s. 2(1), 7705 s. 10, 7994 s. 2, 8338 s. 7(j), 9576
ss 5, 11(1), 9848 s. 18(1), 10026 ss 5, 6, 10084 s. 6(3),
10233 s. 9(d), 102/1986 s. 8(a)(b), 19/1989 s. 16(Sch. item
16.5), 25/1989 s. 19(c)(d), 56/1989 s. 286(Sch. 2 item 7.2), 57/1989
s. 3(Sch. items 42.30, 42.31) (as amended by No. 34/1990
s. 5(Sch. 4 item 23)), 35/1996 s. 453(Sch. 1 items 16.4, 16.5),
48/1997 s. 57, 65/1997 s. 82(2)(a), 45/2001 s. 40(2), 50/2006
s. 9, repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
[30] Ss
406–408A:
[32]
Pt 3 Div. 1 Subdiv. (25) (Heading and ss 446–450) amended by
Nos 7705 s. 10, 8338 s. 7(c), 9008 s. 2(1)(Sch. item 2(h)(j)),
9242 s. 2, 9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2),
51/1989 s. 143(c)–(e), 60/1993 s. 28, 109/1994 s. 25,
35/1996 s. 453(Sch. 1 item 16.14), 78/2008 s. 25(2), repealed by No.
7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)).
[40] Ss
472–476A:
[41] Ss
477–479:
[42] Ss
480–484:
[44] Ss
495–497:
[46] Ss
499–502:
[47] Ss 508,
509:
[49] Ss
516–519A:
[50] Ss
543–544:
[54] Schs
8A–11: