Victoria Crimes Act 1958

CRIMES ACT 1958
- TABLE OF PROVISIONS
1. Short title and commencement

2. Repeals and savings
2A. Definitions
2B. Offences under this Act deemed to be indictable offences
PART I--OFFENCES
Division 1--Offences against the person
3. Punishment for murder

3A. Unintentional killing in the course or furtherance of a crime of violence
3B. Provocation no longer a partial defence to murder
4A. Manslaughter—single punch or strike taken to be dangerous act
5. Punishment of manslaughter
5A. Child homicide
5B. Homicide by firearm
5C. Relationship between manslaughter, child homicide and homicide by firearm
6. Infanticide
6A. Suicide no longer a crime
6B. Survivor of suicide pact who kills deceased party is guilty of manslaughter
8. Petit treason
9. Provision for trial for murder or manslaughter in Victoria where death or cause
of death only happens in Victoria
9AA. Abolition of year-and-a-day rule
9A. Treason
15. Definitions
15A. Causing serious injury intentionally in circumstances of gross violence
15B. Causing serious injury recklessly in circumstances of gross violence
15C. Other offenders need not be prosecuted
16. Causing serious injury intentionally
17. Causing serious injury recklessly
18. Causing injury intentionally or recklessly
19. Offence to administer certain substances
20. Threats to kill
21. Threats to inflict serious injury
21A. Stalking
22. Conduct endangering life
23. Conduct endangering persons
24. Negligently causing serious injury
25. Setting traps etc. to kill
26. Setting traps etc. to cause serious injury
27. Extortion with threat to kill
28. Extortion with threat to destroy property etc.
29. Using firearm to resist arrest etc.
30. Threatening injury to prevent arrest
31. Assaults
31A. Use of firearms in the commission of offences
31B. Being armed with criminal intent
31C. Discharging a firearm reckless to safety of a police officer or a protective
services officer
31D. Intimidation of a law enforcement officer or a family member of a law
enforcement officer
32. Offence to perform female genital mutilation
33. Offence to take a person from the State with the intention of having prohibited
female genital mutilation performed
34. Consent not a defence to a charge under sections 32 or 33
34A. Exceptions to offences under section 32
34B. Sexual activity with the corpse of a human being
34BA. Removal of body parts from the corpse of a human being
34BB. Offensive conduct involving human remains
34BC. Location of corpse or human remains immaterial
34BD. Exceptions
34BE. No defence of mistaken but honest and reasonable belief that activity was not
sexual or conduct was not offensive
35. Definitions
35A. Sexual penetration
35B. Touching
35C. Taking part in a sexual act
35D. Sexual activity
36. Consent
36A. Reasonable belief in consent
36B. Effect of intoxication on reasonable belief
37. Care, supervision or authority
37A. Objectives of Subdivisions 8A to 8G
37B. Guiding principles
38. Rape
39. Rape by compelling sexual penetration
40. Sexual assault
41. Sexual assault by compelling sexual touching
42. Assault with intent to commit a sexual offence
43. Threat to commit a sexual offence
44. Procuring sexual act by threat
45. Procuring sexual act by fraud
46. Administration of an intoxicating substance for a sexual purpose
47. Abduction or detention for a sexual purpose
48. Sexual activity directed at another person
48A. Exceptions—medical, hygienic, veterinary, agricultural or scientific
purposes
48B. No defence of mistaken but honest and reasonable belief that touching or
activity was not sexual
49A. Sexual penetration of a child under the age of 12
49B. Sexual penetration of a child under the age of 16
49C. Sexual penetration of a child aged 16 or 17 under care, supervision or
authority
49D. Sexual assault of a child under the age of 16
49E. Sexual assault of a child aged 16 or 17 under care, supervision or authority
49F. Sexual activity in the presence of a child under the age of 16
49G. Sexual activity in the presence of a child aged 16 or 17 under care,
supervision or authority
49H. Causing a child under the age of 16 to be present during sexual activity
49I. Causing a child aged 16 or 17 under care, supervision or authority to be
present during sexual activity
49J. Persistent sexual abuse of a child under the age of 16
49K. Encouraging a child under the age of 16 to engage in, or be involved in,
sexual activity
49L. Encouraging a child aged 16 or 17 under care, supervision or authority to
engage in, or be involved in, sexual activity
49M. Grooming for sexual conduct with a child under the age of 16
49N. Loitering near schools etc. by sexual offender
49O. Failure by a person in authority to protect a child from a sexual offence
49P. Abduction or detention of a child under the age of 16 for a sexual purpose
49Q. Causing or allowing a sexual performance involving a child
49R. Inviting or offering a sexual performance involving a child
49S. Facilitating a sexual offence against a child
49T. Exception to sexual penetration offences—medical or hygienic purposes
49U. Exceptions to offences against children under 16—similarity in age
49V. Defence to offence against a child under 16—similarity in age
49W. Defences to offences against children under 16—reasonable belief as to
age
49X. Defences to offences against children aged 16 or 17 or under
18—reasonable belief as to age
49Y. Exceptions to offences against children aged 16 or 17—marriage or
domestic partnership
49Z. Defences to offences against children aged 16 or 17—reasonable belief as
to marriage or domestic partnership
49ZA. Defences to offences against children aged 16 or 17—reasonable belief
as to care, supervision or authority
49ZB. Exception to loitering offence
49ZC. No defence of mistaken but honest and reasonable belief of certain matters
50A. Definitions
50B. Rebuttable presumption as to family relationship
50C. Sexual penetration of a child or lineal descendant
50D. Sexual penetration of a step-child
50E. Sexual penetration of a parent, lineal ancestor or step-parent
50F. Sexual penetration of a sibling or half‑sibling
50G. Exception—medical or hygienic purposes
50H. Defence—accused did not consent
50I. Exception to offences against section 50D
50J. Exceptions to offences against section 50E
50K. Consent not a defence
51A. Definitions
51B. Involving a child in the production of child abuse material
51C. Producing child abuse material
51D. Distributing child abuse material
51E. Administering a website used to deal with child abuse material
51F. Encouraging use of a website to deal with child abuse material
51G. Possession of child abuse material
51H. Accessing child abuse material
51I. Assisting a person to avoid apprehension
51J. Exception—administration of the law
51K. Exception—classification
51L. Defence of artistic merit or public benefit
51M. Exceptions applying to children
51N. Defence applying to children
51O. Defence—image of oneself
51P. Defence—accused not more than 2 years older than 16 or 17 year old child
and acts with child's consent
51Q. Defence—marriage or domestic partnership
51R. Defence—reasonable belief in marriage or domestic partnership
51S. Defence—reasonable steps to prevent use of a website for child abuse
material
51T. Defence—unsolicited possession
51U. No defence of mistaken but honest and reasonable belief that child abuse
material not offensive
51V. Use of random sample evidence in child abuse material cases
51W. Application for child abuse material disposal order
51X. Child abuse material disposal order
51Y. Disposal of thing or material by consent
52A. Definitions
52B. Sexual penetration of a person with a cognitive impairment or mental illness
52C. Sexual assault of a person with a cognitive impairment or mental illness
52D. Sexual activity in the presence of a person with a cognitive impairment or
mental illness
52E. Causing a person with a cognitive impairment or mental illness to be present
during sexual activity
52F. Exceptions to sexual penetration offence—medical, hygienic, veterinary,
agricultural or scientific purposes
52G. Exception—marriage or domestic partnership
52H. Defence—reasonable belief in marriage or domestic partnership
52I. Defence—reasonable belief a person does not have a cognitive impairment
or mental illness
52J. Defence—reasonable belief the service provider does not provide
treatment or support services to the person with a cognitive impairment or mental
illness
52K. No defence of mistaken but honest and reasonable belief of certain matters
53A. Definitions
53B. Using force, threat etc. to cause another person to provide commercial sexual
services
53C. Causing another person to provide commercial sexual services in circumstances
involving sexual servitude
53D. Conducting a business in circumstances involving sexual servitude
53E. Aggravated sexual servitude
53F. Deceptive recruiting for commercial sexual services
53G. Aggravated deceptive recruiting for commercial sexual services
54A. Bestiality
54B. Exception—veterinary, agricultural or scientific research
54C. Abolition of common law offence of wilful exposure
62. Abrogation of obsolete rules of law
63. Child stealing
63A. Kidnapping
64. Bigamy
65. Abortion performed by unqualified person
66. Abortion—Abolition of common law offences
67. Concealing birth of a child
Division 1A--Piracy
70A. Piracy with violence

70B. Piratical acts
70C. Trading etc. with pirates
70D. Being found on board piratical vessel and unable to prove non‑complicity
Division 2--Theft and similar or associated offences
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
Division 2AA--Identity crime
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
Division 2A--Money laundering etc.
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
Division 2B--Cheating at gambling
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
Division 2C--Offences against public order

195G. Abolition of certain common law offences against public order
195H. Affray
195I. Violent disorder
Division 3--Criminal damage to property
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
Division 4--Contamination of goods
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
250. Threatening to contaminate goods with intent to cause, or being reckless as to

whether it would cause, public alarm or economic loss
offence against this section.
251. Making false statements concerning contamination of goods with intent to

cause, or being reckless as to whether it would cause, public alarm or economic
loss
252. Territorial nexus for offences
Division 5--Destruction of evidence
253. Definitions
254. Destruction of evidence
255. Corporate criminal responsibility for offence against section 254
Division 5A--Intimidation and reprisals relating to witnesses, etc.
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 7--Unlawful oaths
316. Unlawful oaths to commit treason, murder etc.
Division 8--Offences connected with explosive substances[19]
317. Offences connected with explosive substances

317A. Bomb hoaxes
Division 8A--Driving offences connected with emergency workers, custodial officers,

youth justice custodial workers and emergency service vehicles
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
Division 9--Driving offences connected with motor vehicles
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 9A--Penalties for certaincommon law offences
320. Maximum term of imprisonment for certain common law offences

320A. Maximum term of imprisonment for common assault in certain circumstances
Division 10--Conspiracy
321. Conspiracy to commit an offence

321A. Agreements to commit offences outside Victoria
321B. As to consequences of acquittal of co-conspirators
321C. Penalties for conspiracy
321D. Application of certain provisions
321E. Limitations on prosecution
321F. Abolition of certain offences of conspiracy at common law
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
Division 11A--Recruiting a child to engage in criminal activity
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
PART IA--ABOLITION OF OBSOLETE OFFENCES

322A. Maintenance and certain other offences abolished
PART IB--ABOLITION OF HISTORICAL CLASSIFICATIONS

322B. Abolition of distinctions between felony and misdemeanour
322C. Nomenclature
322D. Transitional provisions
322E. Treason and misprision of treason not affected
322F. Other enactments not affected
PART IC--SELF-DEFENCE, DURESS, SUDDEN OREXTRAORDINARY EMERGENCY AND INTOXICATION
Division 1--General
322G. Application of Part

322H. Definitions
322I. Onus of proof
322J. Evidence of family violence
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 4--Sudden or extraordinary emergency
322R. Sudden or extraordinary emergency

322S. Abolition of necessity at common law
Division 5--Intoxication
322T. Intoxication
PART II--OFFENDERS
Division 1--Abettors, accessories andconcealers of offences

323. Interpretation
324. Person involved in commission of offence taken to have committed the offence
324A. Other offenders need not be prosecuted or found guilty
324B. Offender's role need not be determined
324C. Abolition of certain aspects of complicity at common law
325. Accessories
326. Concealing offences for benefit
327. Failure to disclose sexual offence committed against child under the age of 16
years
328. Protection of those who disclose under section 327
329. Evidence and legal proceedings
330. Confidentiality
Division 3--Criminal liability of married persons
336. Marital coercion

337. Misprision
338. Accessory after the fact
339. Conspiracy and incitement
PART IIA--EXTRA-TERRITORIAL OFFENCES

340. Definitions
341. Issue of search warrant
342. Authority conferred by and other incidents of a search warrant
343. Obstruction
344. Ministerial arrangements for transmission and return of seized objects
345. Regulations
PART III--PROCEDURE AND PUNISHMENT
Division 1--Pleading procedure, proof &c.
404. Proof of marriage on trial for bigamy

405. Meaning of term official record
420A. Where person charged with unlawful publication of defamatory matter
421. Alternative verdicts on charge of murder
422. Alternative verdict on charge of causing serious injury in circumstances of
gross violence
422A. Alternative verdict for certain charges relating to driving
426. Alternative verdict for identity crime offences
427. Alternative verdict for destroying property charges
428. Alternative verdict for charges of unauthorised modification of data to cause
impairment
429. Alternative verdict for charges of unauthorised impairment of electronic
communication
435. Alternative verdict for charges relating to riots
456AA. Requirement to give name and address
457. No person to be arrested without warrant except under this Act etc.
458. Person found committing offences may be arrested without warrant by any person
459. Powers of police officer or protective services officer to apprehend offenders
459A. Entry and search of premises
461. Arrest on reasonable grounds not to be taken to be unlawful
462. Definition of finds committing
462A. Use of force to prevent the commission of an indictable offence
463A. Arrest of offenders on board aircraft
463B. Prevention of suicide
464. Definitions
464AA. Digital recordings
464AAB. Investigating official to ask whether person in custody is an Aboriginal
person
464A. Detention of person in custody
464B. Questioning or investigation of person already held for another matter
464C. Right to communicate with friend, relative and legal practitioner
464D. Right to an interpreter
464E. Persons under 18 years
464F. Right of foreign national to communicate with consular office
464FA. Victorian Aboriginal Legal Service to be notified if Aboriginal person taken
into custody
464G. Recording of information required to be given to person in custody
464H. Recording of confessions and admissions
464I. No power to detain person not under arrest
464J. Right to remain silent etc. not affected
464JA. Offences in relation to recordings
464JB. Court may give directions in relation to a recording
464JC. Retention of copy of recording
464JD. Use of recordings for training, teaching or testing purposes
464K. Fingerprinting of adults and children aged 15 or above
464L. Fingerprinting of children aged 14 or under
464M. Children's Court may order fingerprinting
464N. Taking of fingerprints
464NA. Fingerscanning for identification purposes
464O. Destruction of records
464P. Records of juvenile
464Q. Evidence of fingerprints
464R. Forensic procedure on adult
464S. Informed consent[33]
464SA. Senior police officer may authorise non-intimate compulsory procedure for
certain adults
464SB. Making or refusing authorisation
464SC. DNA profile sample from DNA person
464SD. Informed consent—DNA person and their parent or guardian
464SE. Senior police officer may authorise the taking of a DNA profile sample from
DNA person
464SF. Making or refusing authorisation—DNA profile sample
464T. Court may order compulsory procedure
464U. Forensic procedure on child
464V. Interim orders
464W. Application by audio link or audio visual link for interim order
464X. Warrants
464Y. Caution before forensic procedure or taking of a DNA profile sample
464Z. Procedure for taking samples etc.
464ZA. Execution of authorisation, direction or order
464ZB. Analysis of samples
464ZC. Analysis of material found at scene of offence etc.
464ZD. Forensic reports to be made available
464ZE. Evidence relating to forensic procedures or DNA profile samples[38]
464ZF. Forensic procedure following the commission of forensic sample offence
464ZFAAA. Forensic procedure following finding of not guilty because of mental
impairment
464ZFAA. Notice to attend for forensic procedure
464ZFAB. DNA profile sample from registrable offenders under the Sex Offenders
Registration Act 2004
464ZFAC. Senior police officer authorisation—to take DNA profile sample from
certain adults
464ZFAD. Notice to attend—to take DNA profile sample from certain adults
464ZFAE. Senior police officer may authorise taking a DNA profile sample from
certain adults and children who have previously provided a sample
464ZFA. Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
464ZFB. Retention of information following finding of guilt etc.
464ZFC. Destruction of information following finding of guilt etc.
464ZFD. Victorian DNA database
464ZFE. Report to Attorney-General
464ZG. Destruction of identifying information
464ZGA. Forensic information from juveniles
464ZGB. Samples given voluntarily
464ZGC. Withdrawal of consent prior to giving sample
464ZGD. Procedure to take sample
464ZGE. Safeguards after giving sample
464ZGF. Application to court where consent to retention of sample withdrawn
464ZGFA. Voluntary samples given by police or VIFM personnel
464ZGFB. Destruction of samples given by police and VIFM personnel and storage of
DNA information
464ZGG. Supply of forensic material for purposes of DNA database
464ZGH. Use of information on Victorian DNA database
464ZGI. Permissible matching of DNA profiles
464ZGJ. Recording, retention and removal of identifying information on DNA database
464ZGK. Disclosure of Victorian information
464ZGL. Registration of orders
464ZGM. Carrying out of registered orders
464ZGN. Arrangements for transmission of information on DNA database
464ZGO. Taking, retention and use of forensic material authorised by laws of other
jurisdictions
464ZH. Immunity of medical practitioners, nurses, midwives, dentists and other
persons
464ZI. Supreme Court—limitation of jurisdiction
464ZJ. Regulations
464ZK. Operation of other Acts
464ZL. Validation of certain orders
464ZLA. Validation of sample taken in accordance with section 464ZFAB
464ZM. Functions of IBAC
464ZN. Chief Commissioner of Police to report to IBAC
464ZO. Inspection of records by authorised officers
464ZP. IBAC to report to the Attorney-General
464ZQ. Recommendations
464ZR. Attorney-General may make a complaint to the IBAC
464ZS. Immunity of the IBAC and sworn IBAC Officers
465. Issue of search warrant by magistrate
465AAA. Warrant may authorise the giving of a direction requiring assistance from
person with knowledge of a computer or computer network
465AA. Power to require assistance from person with knowledge of a computer or
computer network
465A. Notice that seized thing is being held for purposes of Confiscation Act 1997
465B. Application for tainted property to be held or retained—return of
warrant to court
465C. Court may make direction
465D. Notice of direction under section 465C
465E. Effect of directions under sections 465(1B) and 465C
466. Justice may issue warrant to search for gunpowder[39]
469AA. Seizure and destruction of documents containing libel
469A. Power of persons to search aircraft
470. Power of search when female unlawfully detained for immoral purposes
Division 2--Punishment
476B. Young person sentenced to life imprisonment

479A. Rescuing of prisoner from lawful custody
479B. Aiding a prisoner in escaping
479C. Escape and related offences
493. Sentences of imprisonment etc. to be carried out according to law relating to
prisons
Division 3--Regulations
505A. Regulations
PART IV--PROBATION AND PAROLE PROVISIONS

506. Definitions
Division 1--Probation
507. Probation officers
Division 3--Regulations
542. Regulations
PART V--PROPERTY OF PERSONS CONVICTED OF TREASON OR AN INDICTABLE OFFENCE.ORDERS AS

TO COSTS
545. Persons convicted of treason or indictable offence may pay costs
547. Definition of forfeiture and convict
548. When convict shall cease to be subject to operation of this Part
562. Execution of judgments against convict provided for
563. Proceedings to recover property of convict from third person
564. Third person etc. accountable to convict when property reverts
565. Saving of general law as to indictable offence
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)
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
CRIMES ACT 1958

- LONG TITLE
An Act to consolidate the Law Relating to Crimes and
Criminal Offenders.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the

advice and consent of the Legislative Council and the Legislative Assembly of
Victoria in this present Parliament assembled and by the authority of the same
as follows (that is to say):
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.
CRIMES ACT 1958

- SECT 1
Short title and commencement
This Act may be cited as the Crimes Act

1958 and shall come into operation on a day to be fixed by proclamation of
the Governor in Council published in the Government Gazette.
CRIMES ACT 1958
- SECT 2
Repeals and savings
(1) The Acts mentioned in the First Schedule to

the extent thereby expressed to be repealed are hereby repealed
accordingly.
(2) Except as in this Act expressly or by necessary implication

provided—
(a) all persons things and circumstances appointed or created by or

under
any of the repealed Acts or existing or continuing under any of such Acts
immediately before the commencement of this Act shall under and subject to this
Act continue to have the same status operation and effect as they respectively
would have had if such Acts had not been so repealed;
(b) in particular and without affecting the generality of the

foregoing
paragraph, such repeal shall not disturb the continuity of status operation or
effect of any proclamation regulation rule order application determination
decision validation offence disqualification warrant instrument presentment
direction appointment action prosecution proceeding liability or right made
effected issued granted committed given presented passed fixed accrued incurred
or acquired or existing or continuing by or under any of such Acts before the
commencement of this Act.
S. 2(3) repealed by No. 8493

s. 33(b).
* * * * *
S. 2A
inserted by No. 7088 s. 2(a),
amended by No. 9509 s. 4(a).
CRIMES ACT 1958

- SECT 2A
Definitions
(1) In this Act unless inconsistent with the

context or subject-matter—
"aircraft" means every type of machine or structure used or

intended to be used for navigation of the air;
S. 2A(1) def. of baseline sentence

inserted by No. 52/2014 s. 11, repealed by No. 34/2017
s. 12.
* * * * *
S. 2A(1) def. of brothel inserted by

No. 9509 s. 4(b), repealed by No. 124/1986
s. 74(a).
* * * * *
S. 2A(1) def. of drug of addiction

inserted by No. 9509 s. 4(b), substituted by No. 9719
s. 135.
"drug of addiction" means a drug of dependence within the

meaning of the Drugs, Poisons and Controlled Substances Act
1981;
S. 2A(1) def. of incite

inserted by No. 10079 s. 8(a).
"incite" includes command, request, propose, advise, encourage

or authorize;
S. 2A(1) def. of Juries Commis-sioner

inserted by No. 53/2000 s. 94(1).
"Juries Commissioner" has the same meaning as in the Juries

Act 2000;
S. 2A(1) def. of legal practitioner

inserted by No. 18/2005 s. 18(Sch. 1 item 27.1),
amended by No. 17/2014 s. 160(Sch. 2
item 28).
"legal practitioner" means an Australian lawyer;
S. 2A(1) def. of medicinal

cannabis product inserted by No. 20/2016 s. 143,
repealed by No. 34/2019 s. 45.
* * * * *
S. 2A(1) def. of member of Victoria

Police personnel inserted by No. 37/2014 s. 10(Sch. item
36.1(a)).
"member of Victoria Police personnel" has the same meaning as

in the Victoria Police Act 2013;
S. 2A(1) def. of motor car

inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item
5.1).
* * * * *
S. 2A(1) def. of motor vehicle

inserted by No. 127/1986 s. 102(Sch. 4 item 5.1).
"motor vehicle" has the same meaning as in the Road Safety

Act 1986;
S. 2A(1) def. of patient
medicinal cannabis access authorisation inserted by No. 20/2016
s. 143, repealed by No. 34/2019 s. 45.
* * * * *
S. 2A(1) def. of police officer

inserted by No. 37/2014 s. 10(Sch. item
36.1(a)).
"police officer" has the same meaning as in the Victoria

Police Act 2013;
S. 2A(1) def. of prostitute,

prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986
s. 74(a).
* * * * *
S. 2A(1) def. of protective services

officer inserted by No. 43/2011 s. 14, substituted by
No. 37/2014 s. 10(Sch. item 36.1(b)).
"protective services officer" has the same meaning as in the

Victoria Police Act 2013;
S. 2A(1) def. of rape
inserted by No. 9509 s. 4(c), repealed by No. 8/1991
s. 6(a).
* * * * *
S. 2A(1) def. of standard

sentence inserted by No. 34/2017 s. 24.
"standard sentence", in relation to an offence, has the

same meaning as in the Sentencing Act 1991.
S. 2A(1) def. of Taxing Master

inserted by No. 24/2008 s. 77, repealed by No. 78/2008
s. 25(1).
* * * * *
S. 2A(2)(3) inserted by No. 9509

s. 4(d), repealed by No. 8/1991 s. 6(b).
* * * * *
S. 2B
inserted by No. 51/1989
s. 143(a).
CRIMES ACT 1958

- SECT 2B
Offences under this Act deemed to be indictable offences
Offences under this Act are, unless the contrary

intention appears, deemed to be indictable offences.
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)).
CRIMES ACT 1958

- SECT 3
Punishment for murder
(1) Notwithstanding any rule of law to the

contrary, a person convicted of murder is liable to—
S. 3(1)(a) substituted by No. 49/1991

s. 119(1)(Sch. 2
item 1(b)), amended by No. 48/1997
s. 60(1)(Sch. 1 item
1).
(a) level 1 imprisonment (life); or
S. 3(1)(b) amended by No. 49/1991

s. 119(1)(Sch. 2
item 1(c)).
(b) imprisonment for such other term as is fixed by the

court—
as the court determines.
Note to s. 3(1) inserted by No. 65/2016

s. 20(1), repealed by No. 34/2017 s. 25(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).
(2) The standard sentence for murder is—
(a) 30 years if the court, in determining sentence, is satisfied that

the
prosecution has proved beyond reasonable doubt that—
(i) the person murdered was a custodial officer on duty or an

emergency
worker on duty; and
(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
(b) in any other case, 25 years.
Notes
1 See sections 5A and 5B of the Sentencing Act 1991 as to

standard sentences.
2 Murder 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.

s. 11, repealed by No. 34/2017 s. 13(1),
new s. 3(3) inserted by No. 34/2017
s. 25(2).
(3) In subsection (2)(a) "custodial officer on duty",

"custodial officer", emergency worker on duty
and emergency worker have the same meanings as in section
10AA of the Sentencing Act 1991.
Note to s. 3 inserted by
No. 69/2014 s. 11, repealed by No. 34/2017
s. 13(2).
* * * * *
S. 3A
inserted by No. 9576
s. 3(1).
CRIMES ACT 1958

- SECT 3A
Unintentional killing in the course or furtherance of a crime of violence
S. 3A(1) amended
by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997
2(a)(b)).
(1) A person who unintentionally causes the death of another person by an

act of violence done in the course or furtherance of a crime the necessary
elements of which include violence for which a person upon first conviction may,
under or by virtue of any enactment, be sentenced to level 1 imprisonment
(life) or to imprisonment for a term of 10 years or more shall be liable to
be
convicted of murder as though he had killed that person intentionally.
(2) The rule of law known as the felony-murder rule (whereby a person who
unintentionally causes the death of another by an act of violence done in the
course or furtherance of a felony of violence is liable to be convicted of
murder as though he had killed that person intentionally) is hereby
abrogated.
S. 3B inserted by No. 77/2005

s. 3.
CRIMES ACT 1958

- SECT 3B
Provocation no longer a partial defence to murder
The rule of law that provocation reduces the

crime of murder to manslaughter is abolished.
S. 4
amended by No. 9576 s. 11(1),
repealed by No. 10079 s. 8(b), new s. 4 inserted by No.
77/2005 s. 4, repealed by No. 63/2014
s. 3(1).
* * * * *
S. 4A inserted by No. 72/2014
s. 3.
CRIMES ACT 1958

- SECT 4A
Manslaughter—single punch or strike taken to be dangerous act
(1) This section applies to a single punch or

strike that—
(a) is delivered to any part of a person's head or neck; and
(b) by itself causes an injury to the head or neck.
(2) A single punch or strike is to be taken to be a dangerous act for the

purposes of the law relating to manslaughter by an unlawful and dangerous
act.
(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.
(5) Nothing in this section limits the circumstances in which a punch or

strike may be an unlawful and dangerous act for the purposes of the law relating
to manslaughter by an unlawful and dangerous act.
(6) In this section—
"injury "has the same meaning as in

Subdivision (4);
"strike" means a strike delivered with any part of the

body.
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—
&#8226 whether the punch or strike was a dangerous act; and
&#8226 whether the punch or strike caused the person's death.
2 Under section 12 of the Jury Directions Act 2015, the prosecution

and defence counsel must each request that the trial judge give, or not give, to
the jury particular directions in respect of the matters in issue, which may
include—
&#8226 whether the punch or strike was a dangerous act; and
&#8226 whether the punch or strike caused the person's death.
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.
CRIMES ACT 1958

- SECT 5
Punishment of manslaughter
Whosoever is convicted of manslaughter shall

be liable to level 2 imprisonment (25 years maximum).
Notes to s. 5 inserted by
No. 72/2014 s. 4, amended by No. 65/2016
s. 20(3)(4).
Notes
1 Manslaughter is a category 2 offence under the Sentencing Act

1991. See subsection (2H) of section 5 of that Act for
the requirement to impose a custodial order for this offence unless the
circumstances set out in paragraphs (a) to (e) of that subsection
exist.
2 Sections 9B and 9C of the Sentencing Act 1991 require that, in

certain circumstances, a term of imprisonment be imposed for manslaughter and a
non-parole period of not less than 10 years be fixed under section 11 of
that Act unless the court finds under section 10A of that Act that a special
reason exists.
Note 3 to s. 5 repealed by
No. 23/2020 s. 9.
* * * * *
4 Sections 9B and 9C of the Sentencing Act 1991 do not apply unless

the DPP serves and files a notice under section 9A of that Act.
S. 5A
inserted by No. 7/2008 s. 3,
amended by No. 16/2020 s. 4.
CRIMES ACT 1958

- SECT 5A
Child homicide
A person who, by his or her conduct, kills

a child who is under the age of 6 years in circumstances that
constitute manslaughter is guilty of child homicide and liable
to level 2 imprisonment (25 years maximum).
Note to s. 5A inserted by
No. 65/2016 s. 20(5).
Note
Child homicide is a category 2 offence under the Sentencing

Act 1991. See subsection (2H) of section 5 of that Act for the
requirement to impose a custodial order for this offence unless
the circumstances set out in paragraphs (a) to (e) of that
subsection exist.

s. 5.
CRIMES ACT 1958
- SECT 5B
Homicide by firearm
(1) A person who, by discharging a firearm,

causes the death of another person in circumstances that constitute manslaughter
is guilty of homicide by firearm and liable to level 2 imprisonment
(25 years maximum).
(2) The standard sentence for homicide by firearm is 13 years.
"discharge" has the same meaning as in

section 31C(4);
"firearm "has the same meaning as in the Firearms Act

1996.
Notes
1 See sections 5A and 5B of the Sentencing Act 1991 as to standard

sentences.
2 Homicide by firearm is a category 2 offence under the Sentencing Act

1991. See section 5(2H) of that Act for the requirement to impose a
custodial order unless the circumstances set out in paragraphs (a) to (e) of
that section exist.
S. 5C inserted by No. 16/2020

s. 5.
CRIMES ACT 1958

- SECT 5C
Relationship between manslaughter, child homicide and homicide by firearm
Nothing in section 5A or 5B is to be taken to

provide that conduct that constitutes any one of the following offences is,
because it constitutes that offence, incapable of constituting another of those
offences—
(a) manslaughter;
(b) child homicide;
(c) homicide by firearm.
No. 6103 s. 6.
S. 6 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1) (Sch. 2 item 4), 48/1997 s. 60(1)(Sch. 1
item 4), substituted by No. 77/2005 s. 5.
CRIMES ACT 1958

- SECT 6
Infanticide
(1) If a woman carries out conduct that causes
the death of her child in circumstances that would constitute murder and, at the
time of carrying out the conduct, the balance of her mind was disturbed because
of—
(a) her not having fully recovered from the effect of giving birth to
that
child within the preceding 2 years; or
(b) a disorder consequent on her giving birth to that child within the
preceding 2 years—
she is guilty of infanticide, and not of murder, and liable to level 6

imprisonment (5 years maximum).
S. 6(2) amended by No. 68/2009

s. 97(Sch. item 40.1).
(2) On an indictment for murder, a woman found not guilty of murder

may be found guilty of infanticide.
Note
See sections 10(3) and 421 for other alternative verdicts.
(3) Nothing in this Act affects the power of the jury on a charge of
murder of a child to return a verdict of not guilty because of mental
impairment.
S. 6A
s. 2.
CRIMES ACT 1958

- SECT 6A
Suicide no longer a crime
The rule of law whereby it is a crime for a

person to commit or to attempt to commit suicide is hereby abrogated.
S. 6B
s. 2.
CRIMES ACT 1958

- SECT 6B
Survivor of suicide pact who kills deceased party is guilty of manslaughter
(1) Where upon the trial of a person for the

murder of another person the jury are satisfied that the accused caused or was a
party to causing the death of that other person by a wilful act or omission but
are satisfied on the balance of probabilities that the act was done or the
omission made in pursuance of a suicide pact then the jury shall,
notwithstanding that the circumstances were such that but for the provisions of
this section they might have returned a verdict of murder, return a verdict of
manslaughter in lieu thereof.
S. 6B(1A) inserted by No. 49/1991

s. 119(1)(Sch. 2
item 5(a)), amended by No. 48/1997
5).
(1A) Despite section 5, a person convicted of manslaughter under

subsection (1) is only liable to level 5 imprisonment (10 years
maximum).
S. 6B(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 5(b)), 48/1997 s.
60(1)(Sch. 1 item 6(a)(b)).
(2) Any person who—
S. 6B(2)(a) amended by No. 10079

s. 8(c).
(a) incites any other person to commit suicide and that other person
commits or attempts to commit suicide in consequence thereof; or
(b) aids or abets any other person in the commission of suicide or in

an
attempt to commit suicide—
shall be guilty of an indictable offence and liable to level 6 imprisonment

(5 years maximum); but if the jury are satisfied on the balance of
probabilities that the acts constituting the offence were done pursuant to a
suicide pact the jury shall return a verdict of guilty of the indictable offence
of being a party to a suicide pact and the convicted person shall be liable to
level 6 imprisonment (5 years maximum).
(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.
CRIMES ACT 1958

- SECT 8
Petit treason
Every offence which before the twenty-seventh

day of June in the year of our Lord One thousand eight hundred and twenty-eight
would have amounted to petit treason shall be deemed to be murder only; and all
persons guilty in respect thereof whether as principals or as accessories shall
be dealt with indicted tried and punished as principals and accessories in
murder.
No. 6103 s. 9.
S. 9
amended by Nos 9576 s. 11(1),
77/2005 s. 8(3)(a)(i)(ii), 7/2008 s. 7(3)(a), 63/2014 s. 3(2),
16/2020 s. 6.
CRIMES ACT 1958

- SECT 9
Provision for trial for murder or manslaughter in Victoria where death or cause of
death only happens in Victoria
Where any person being criminally stricken

poisoned or otherwise hurt upon the sea or at any place out of Victoria dies
of such stroke poisoning or hurt in Victoria, or being criminally stricken
poisoned or otherwise hurt at any place in Victoria dies of such stroke
poisoning or hurt upon the sea or at any place out of Victoria, every offence
committed in respect of any such case, whether the same amounts to the offence
of murder or of manslaughter or of child homicide or of homicide by firearm or
of being accessory to murder or manslaughter or child homicide or homicide
by firearm, may be dealt with inquired of tried determined and punished in
Victoria in the same manner in all respects as if such offence had been wholly
committed in Victoria.
S. 9AA inserted by No. 65/1991

s. 3.
CRIMES ACT 1958

- SECT 9AA
Abolition of year-and-a-day rule
(1) The rule of law known as the year-and-a-day

rule (under which an act or omission that in fact causes death is not regarded
as the cause of death if the death occurs more than a year and a day after the
act or omission) is abolished.
(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.
Pt 1 Div. 1 Subdiv. (1AA) (Heading and

ss 9AB–9AJ) inserted by No. 77/2005 s. 6, repealed by
No. 63/2014 s. 3(3).
* * * * *
Pt 1 Div. 1 Subdiv. (1A) (Heading) inserted

by No. 9407 s. 2(a).
(1351–2) 25 Edward III St V., c.

II (1695–6) 7 and 8 William
IIIc. III (1708) 7 Anne c. 21
s. 14. (1795) 36 George III
c. VII (1817)
57 George III
c. VI ss 1, 4 and
5.
(1A) Treasonable
offences
S. 9A
s. 2(a).
CRIMES ACT 1958

- SECT 9A
Treason
S. 9A(1) amended
by Nos 37/1986 s. 9, 49/1991
s. 119(1)(Sch. 2
item 6(a)(i)).
(1) A person who—
(a) kills the Sovereign, does the Sovereign any bodily harm tending to
the
death or destruction of the Sovereign or maims, wounds, imprisons or restrains
the Sovereign;
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;
(d) assists by any means whatever, with intent to assist, an enemy at

war
with the Commonwealth of Australia, whether or not the existence of a state of
war has been declared;
(e) instigates a foreigner to make an armed invasion of the

Commonwealth
or any Territory not forming part of the Commonwealth; or
(f) forms an intention to do any act referred to in a preceding

paragraph
of this subsection and manifests that intention by an overt act—
shall be guilty of an indictable offence, called treason, and liable

to—
S. 9A(1)(a) inserted by No. 37/1986
s. 9, amended by No. 49/1991
s. 119(1)(Sch. 2
item 6(a)(ii)), substituted as s. 9A(1)(g) by No. 48/1997
7).
(g) level 1 imprisonment (life); or
S. 9A(1)(b) inserted by No. 37/1986

s. 119(1)(Sch. 2
item 6(a)(iii)), re-numbered as s. 9A(1)(h) by No. 48/1997
s. 62(1).
(h) imprisonment for such other term as is fixed by the

court—
S. 9A(2) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 6(b)), 48/1997 s.
60(1)(Sch. 1 item 8).
(2) A person who—
(a) receives or assists another person who is to his knowledge guilty

of
treason in order to enable him to escape punishment; or
(b) knowing that a person intends to commit treason, does not give
information thereof with all reasonable despatch to a constable or use other
reasonable endeavours to prevent the commission of the offence—
shall be guilty of an indictable offence.

Penalty: Level 3 imprisonment (20 years maximum).
(3) On the trial of a person charged with treason on the ground that he
formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or
(e) of subsection (1) of this section and manifested that intention by an
overt
act, evidence of the overt act shall not be admitted unless the overt act was
alleged in the indictment.
Pt 1 Div. 1 Subdiv. (2) (Heading and s. 10)

amended by Nos 9576 s. 11(1), 49/1991 s. 119(1) (Sch. 2
item 7), 48/1997 s. 60(1)(Sch. 1 item 9), 7/2008 s. 7(3)(b),
* * * * *
Pt 1 Div. 1 Subdiv. (3)

repealed.[1]
* * * * *
No. 6103 s. 15.
Pt 1 Div. 1 Subdiv. (4) (Heading and

s. 15) amended by No. 9576 s. 11(1), substituted as Pt 1 Div. 1
Subdiv. (4) (Heading and ss
15–31) by No. 10233 s. 8(2).
(4) Offences against

the person
S. 15 substituted by No. 10233
s. 8(2).
CRIMES ACT 1958

- SECT 15
Definitions
In this subdivision—
S. 15 def. of abortion
inserted by No. 58/2008 s. 10(1).
abortion has the meaning given in the Abortion Law Reform

Act 2008;
S. 15 def. of child inserted by

No. 46/1996s.
3.
"child" means any person under the age of

18 years;
S. 15 def. of female genital

mutilation inserted by No.
46/1996s. 3.
"female genital mutilation" means all or any of the

following—
(a) infibulation;
(b) the excision or mutilation of the whole or a part of the

clitoris;
(c) the excision or mutilation of the whole or a part of the labia

minora
or labia majora;
(d) any procedure to narrow or close the vaginal opening;
(e) the sealing or suturing together of the labia minora or labia

majora;
(f) the removal of the clitoral hood;
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 harm to mental

health inserted by No. 6/2013 s. 3(c).
"harm to mental health" includes psychological harm but does

not include an emotional reaction such as distress, grief, fear or anger unless
it results in psychological harm;
S. 15 def. of imitation firearm

"imitation firearm "has the same meaning as in section

77(1A);
S. 15 def. of injury
substituted by No. 6/2013 s. 3(a).
"injury" means—
(a) physical injury; or
(b) harm to mental health—
whether temporary or permanent;
S. 15 def. of medical practitioner

inserted by No. 46/1996s.
3.
"medical practitioner" means—
(a) a registered medical practitioner; or
(b) in relation to the performance of female genital mutilation

outside
Victoria, a person who, in the place in which the female genital mutilation took
place, holds an authority to practise medicine which is similar to that of a
registered medical practitioner;
S. 15 def. of medical procedure

inserted by No. 58/2008 s. 10(1).
"medical procedure", in relation to paragraph (b)

of the definition of "serious injury", means—
(a) an abortion performed by a registered medical practitioner in

accordance with the Abortion Law Reform Act 2008; or
(b) the administration or supply of a drug or drugs by a

registered
pharmacist or registered nurse in accordance with the Abortion Law Reform Act
2008 to cause an abortion;
S. 15 def. of midwife inserted by No.

46/1996s. 3.
"midwife" means—
(a) a registered midwife; or
(b) in relation to the performance of female genital mutilation

outside
Victoria, a person who, in the place in which the female genital mutilation took
place, holds an authority to practise midwifery which is similar to that of
registered midwife;
S. 15 def. of offensive
weapon inserted by No. 6/2013 s. 3(c).
"offensive weapon" has the same meaning as in section

77(1A);
S. 15 def. of physical
injury inserted by No. 6/2013 s. 3(c).
"physical injury" includes unconsciousness, disfigurement,

substantial pain, infection with a disease and an impairment of bodily
function;
S. 15 def. of prohibited female genital

mutilation inserted by No.
46/1996s. 3.
"prohibited female genital mutilation" means female genital

mutilation the performance of which would be an offence under this Act if
carried out in the State;
S. 15 def. of registered medical

practitioner inserted by No. 46/1996 s. 3,
substituted by Nos 97/2005 s. 182(Sch. 4 item 14.1(a)),
13/2010 s. 51(Sch. item 17.1).
"registered medical practitioner "means a person registered

under the Health Practitioner Regulation National Law to practise in the
medical profession (other than as a student);
S. 15 def. of registered midwife
inserted by No. 46/1996s. 3,
amended by No. 97/2005 s. 182(Sch. 4 item 14.1(b)), substituted by
No. 13/2010 s. 51(Sch. item 17.1).
"registered midwife "means a person registered under the

Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife

(other than as a student); and
(b) in the register of midwives kept for that profession;
S. 15 def. of registered nurse

inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010
s. 51(Sch. item 17.1).
"registered nurse "means a person registered under the

Health Practitioner Regulation National Law to practise in the nursing and
midwifery profession as a nurse (other than as a student);
S. 15 def. of registered pharmacist

inserted by No. 58/2008 s. 10(1), substituted by No. 13/2010
s. 51(Sch. item 17.1).
"registered pharmacist "means a person registered under

the Health Practitioner Regulation National Law to practise in the pharmacy
profession (other than as a student);
S. 15 def. of serious injury

substituted by Nos 58/2008 s. 10(2), 6/2013
s. 3(b).
"serious injury" means—
(a) an injury (including the cumulative effect of more than one

injury)
that—
(i) endangers life; or
(ii) is substantial and protracted; or
(b) the destruction, other than in the course of a medical procedure,

of
the foetus of a pregnant woman, whether or not the woman suffers any other
harm;
S. 15 def. of woman inserted by

No. 58/2008 s. 10(1).
"woman" means a female person of any age.

s. 4.
CRIMES ACT 1958

- SECT 15A
Causing serious injury intentionally in circumstances of gross violence
(1) A person must not, without lawful excuse,

intentionally cause serious injury to another person in circumstances of gross
violence.
Note to s. 15A(1) inserted by

No. 65/2016 s. 20(6), repealed by No. 23/2020
s. 10(1).
* * * * *
(2) For the purposes of subsection (1), any one of the following
constitutes circumstances of gross violence—
(a) the offender planned in advance to engage in conduct and at the

time
of planning—
(i) the offender intended that the conduct would cause a serious
injury;
or
(ii) the offender was reckless as to whether the conduct would

cause a
serious injury; or
(iii) a reasonable person would have foreseen that the conduct

would be
likely to result in a serious injury;
(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).
(c) the offender entered into an agreement, arrangement or

understanding
with 2 or more other persons to cause a serious injury;
Note
See Subdivision (1) (Complicity in commission of offences) of

Division 1 of Part II.
(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 to s. 15A amended by Nos 69/2014

s. 8(1)(2), 28/2016 s. 6(1), 65/2016 s. 20(7), substituted by
No. 23/2020 s. 10(2).
Notes
1 See section 422(1) for an alternative verdict.
2 An offence against subsection (1) 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.
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
reason exists.
4 If a victim was an emergency worker on duty, a custodial officer on duty

or a youth justice custodial worker on duty, see section 10AA(1) of the
Sentencing Act 1991 for the requirement that a non-parole period of not
less than 5 years be fixed unless the court finds under section 10A of that Act
that a special reason exists.

s. 4.
CRIMES ACT 1958

- SECT 15B
Causing serious injury recklessly in circumstances of gross violence

recklessly cause serious injury to another person in circumstances of gross
violence.
Note to s. 15B(1) inserted by

s. 11(1).
* * * * *
(2) For the purposes of subsection (1), any one of the following
constitutes circumstances of gross violence—
(a) the offender planned in advance to engage in conduct and at the

time of planning—
(i) the offender intended that the conduct would cause a serious
injury;
or
(ii) the offender was reckless as to whether the conduct would

cause a
serious injury; or
(iii) a reasonable person would have foreseen that the conduct

would be
likely to result in a serious injury;
(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).
(c) the offender entered into an agreement, arrangement or

understanding
with 2 or more other persons to cause a serious injury;
Note
See Subdivision (1) (Complicity in commission of offences) of

Division 1 of Part II.
(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 to s. 15B amended by Nos 69/2014

s. 8(1)(2), 28/2016 s. 6(1), 65/2016 ss 20(9), 25, substituted by
No. 23/2020 s. 11(2).
Notes
1 See section 422(2) for an alternative verdict.

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.
4 If a victim was an emergency worker on duty, a custodial officer on duty

or a youth justice custodial worker on duty, see section 10AA(1) of the
Sentencing Act 1991 for the requirement that a non-parole period of not
less than 5 years be fixed unless the court finds under section 10A of that Act
that a special reason exists.

s. 4.
CRIMES ACT 1958

- SECT 15C
Other offenders need not be prosecuted
A person may be found guilty of an offence

against section 15A or 15B whether or not any other person is prosecuted for or
found guilty of the offence.
S. 16 substituted by No. 10233 s. 8(2),

s. 119(1)(Sch. 2
item 8), 48/1997 s.
60(1)(Sch. 1 item 10).
CRIMES ACT 1958

- SECT 16
Causing serious injury intentionally
A person who, without lawful excuse,

intentionally causes serious injury to another person is guilty of an indictable
offence.
Notes to s. 16 inserted by No. 69/2014

s. 8(3), amended by Nos 28/2016 s. 6(2), 65/2016 s. 20(10)(11),
48/2018 s. 85, substituted by No. 23/2020
s. 12.
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 An offence against section 16 (other than a category 1 offence referred

to in note 1) is a category 2 offence under the Sentencing Act 1991. See
section 5(2H) of that Act for the requirement to impose a custodial order for
this offence unless the circumstances set out in paragraphs (a) to (e) of that
subsection exist.
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.

s. 119(1)(Sch. 2
item 9), 48/1997
11).
CRIMES ACT 1958

- SECT 17
Causing serious injury recklessly
A person who, without lawful excuse, recklessly

causes serious injury to another person is guilty of an indictable
offence.

s. 8(4), amended by Nos 28/2016 s. 6(3), 48/2018 s. 86,
substituted by No. 23/2020 s. 13.
Notes
circumstances.
that a term of imprisonment be imposed for an offence against section 17 and
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.
allow a youth justice centre order for a term of not less than 2 years to

s. 119(1)(Sch. 2
item 11), 48/1997
12).
CRIMES ACT 1958

- SECT 18
Causing injury intentionally or recklessly
A person who, without lawful excuse,

intentionally or recklessly causes injury to another person is guilty of an
indictable offence.
Penalty: If the injury was caused intentionally—level 5 imprisonment

(10 years maximum);
If the injury was caused recklessly—level 6 imprisonment (5 years

maximum).

s. 8(5), amended by Nos 28/2016 s. 6(4), 48/2018 s. 87,
Notes

circumstances.
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.
allow a youth justice centre order for a term of not less than 6 months to

s. 8(2).
CRIMES ACT 1958

- SECT 19
Offence to administer certain substances
S. 19(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 12), 48/1997 s.
60(1)(Sch. 1 item 16).
(1) A person who—
(a) without lawful excuse, administers to or causes to be taken by

another
person any substance which is capable, and which the first-mentioned person
knows is capable, in the circumstances, of interfering substantially with
the bodily functions of the other person; and
(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—
is guilty of an indictable offence.
(2) For the purposes of subsection (1)—
(a) a person is not to be taken to have consented to the

administration or
taking of a substance if, had the person known the likely consequences, the
person would not be likely to have consented to the administration or taking;
and
(b) a substance shall be taken to interfere substantially with bodily

functions if the substance is capable of inducing unconsciousness or
sleep.
S. 19A inserted by No. 19/1993 s. 3,

amended by Nos 48/1997 s.
60(1)(Sch. 1 item 13), 46/2008 s. 272, repealed by No. 17/2015
s. 3.
* * * * *

s. 119(1)(Sch. 2
item 12), 48/1997 s.
60(1)(Sch. 1 item 14).
CRIMES ACT 1958

- SECT 20
Threats to kill
A person who, without lawful excuse, makes to

another person a threat to kill that other person or any other
person—
(a) intending that that other person would fear the threat would be
carried out; or
(b) being reckless as to whether or not that other person would fear
the
threat would be carried out—

s. 119(1)(Sch. 2
item 13), 48/1997 s.
60(1)(Sch. 1 item 16).
CRIMES ACT 1958

- SECT 21
Threats to inflict serious injury
A person who, without lawful excuse, makes to

another person a threat to inflict serious injury on that other person or any
other person—
(a) intending that that other person would fear the threat would be
carried out; or
(b) being reckless as to whether or not that other person would fear
the
threat would be carried out—

s. 3.
CRIMES ACT 1958

- SECT 21A
Stalking
S. 21A(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 14).
(1) A person must not stalk another person.

s. 4(1), 20/2011 s. 3(3).
(2) A person (the offender) stalks another person (the victim) if the
offender engages in a course of conduct which includes any of the
following—
(a) following the victim or any other person;
S. 21A(2)(b) substituted by No.

105/2003 s. 3(1).
(b) contacting the victim or any other person by post, telephone, fax,
text message, e-mail or other electronic communication or by any other means
whatsoever;
S. 21A(2)(ba) inserted by No. 105/2003

s. 3(1).
(ba) publishing on the Internet or by an e-mail or other electronic

communication to any person a statement or other material—
(i) relating to the victim or any other person; or
(ii) purporting to relate to, or to originate from, the victim

or any
other person;
S. 21A(2)(bb) inserted by No. 105/2003

s. 3(1).
(bb) causing an unauthorised computer function (within the meaning of

Subdivision (6) of Division 3) in a computer owned or used by the victim or any
other person;
S. 21A(2)(bc) inserted by No. 105/2003

s. 3(1).
(bc) tracing the victim's or any other person's use of the Internet or
of
e-mail or other electronic communications;
(c) entering or loitering outside or near the victim's or any other

person's place of residence or of business or any other place frequented by the
victim or the other person;
(d) interfering with property in the victim's or any other person's

possession (whether or not the offender has an interest in the
property);
S. 21A(2)(da) inserted by No. 20/2011

s. 3(1).
(da) making threats to the victim;
S. 21A(2)(db) inserted by No. 20/2011

s. 3(1).
(db) using abusive or offensive words to or in the presence of the

victim;
S. 21A(2)(dc) inserted by No. 20/2011

s. 3(1).
(dc) performing abusive or offensive acts in the presence of the

victim;
S. 21A(2)(dd) inserted by No. 20/2011
s. 3(1).
(dd) directing abusive or offensive acts towards the victim;
(e) giving offensive material to the victim or any other person or

leaving
it where it will be found by, given to or brought to the attention of, the
victim or the other person;
(f) keeping the victim or any other person under surveillance;
S. 21A(2)(g) substituted by No. 20/2011

s. 3(2).
(g) acting in any other way that could reasonably be

expected—
(i) to cause physical or mental harm to the victim, including

self-harm;
or
(ii) to arouse apprehension or fear in the victim for his or her

own
safety or that of any other person—
with the intention of causing physical or mental harm to the victim,

including self-harm, or of arousing apprehension or fear in the victim for his
or her own safety or that of any other person.
S. 21A(3) substituted by No. 105/2003

s. 4(2), amended by No. 20/2011 s. 3(4).
(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—
(a) the offender knows that engaging in a course of conduct of that

kind
would be likely to cause such harm or arouse such apprehension or fear;
or
(b) the offender in all the particular circumstances ought to have

understood that engaging in a course of conduct of that kind would be likely to
cause such harm or arouse such apprehension or fear and it actually did have
that result.
(4) This section does not apply to conduct engaged in by a person

performing official duties for the purpose of—
(a) the enforcement of the criminal law; or
(b) the administration of any Act; or

(c) the enforcement of a law imposing a pecuniary penalty; or
(d) the execution of a warrant; or
(e) the protection of the public revenue—
that, but for this subsection, would constitute an offence against

subsection (1).
S. 21A(4A) inserted by No. 105/2003

s. 3(2).
(4A) In a proceeding for an offence against subsection (1) it is a

defence to the charge for the accused to prove that the course of conduct was
engaged in without malice—
(a) in the normal course of a lawful business, trade, profession or

enterprise (including that of any body or person whose business, or whose
principal business, is the publication, or arranging for the publication, of
news or current affairs material); or
(b) for the purpose of an industrial dispute; or
(c) for the purpose of engaging in political activities or discussion

or
communicating with respect to public affairs.
S. 21A(5) repealed by No. 68/2008

s. 69(1).
* * * * *

s. 242, repealed by No. 68/2008 s. 69(1).
* * * * *
S. 21A(6) inserted by No. 105/2003

s. 5.
(6) It is immaterial that some or all of the course of conduct

constituting an offence against subsection (1) occurred outside Victoria,
so long as the victim was in Victoria at the time at which that conduct
occurred.

s. 5.
(7) It is immaterial that the victim was outside Victoria at the time at
which some or all of the course of conduct constituting an offence against
subsection (1) occurred, so long as that conduct occurred in Victoria.

s. 3(5).
"mental harm" includes—
(a) psychological harm; and
(b) suicidal thoughts.
Note to s. 21A inserted by No. 68/2008

s. 69(2), substituted by No. 53/2010 s. 221(Sch.
item 4).
Note
The Personal Safety Intervention

Orders Act 2010 provides that the Court within the meaning of that
Act may make a personal safety intervention order in respect of
stalking.

s. 119(1)(Sch. 2
item 9), 48/1997 s.
60(1)(Sch. 1 item 14).
CRIMES ACT 1958

- SECT 22
Conduct endangering life

engages in conduct that places or may place another person in danger of death is
guilty of an indictable offence.

s. 119(1)(Sch. 2
item 14), 48/1997 s.
60(1)(Sch. 1 item 16).
CRIMES ACT 1958
- SECT 23
Conduct endangering persons

engages in conduct that places or may place another person in danger of serious
injury is guilty of an indictable offence.

s. 119(1)(Sch. 2
item 12), 48/1997 s.
60(1)(Sch. 1 item 16), 7/2008 s. 4.
CRIMES ACT 1958

- SECT 24
Negligently causing serious injury
A person who by negligently doing or omitting to

do an act causes serious injury to another person is guilty of an indictable
offence.

s. 119(1)(Sch. 2
item 8), 48/1997 s.
60(1)(Sch. 1 item 11).
CRIMES ACT 1958

- SECT 25
Setting traps etc. to kill
A person who sets a trap or device with the

intention of killing another person (whether a trespasser or not) or being
reckless as to whether or not another person (whether a trespasser or not) is
killed is guilty of an indictable offence.

s. 119(1)(Sch. 2
item 9), 48/1997 s.
60(1)(Sch. 1 item 14).
CRIMES ACT 1958

- SECT 26
Setting traps etc. to cause serious injury
A person who sets a trap or device with the

intention of causing, or being reckless as to whether or not there is caused,
serious injury to another person (whether a trespasser or not) is guilty of an
indictable offence.

s. 119(1)(Sch. 2
item 14), 48/1997
11).
CRIMES ACT 1958

- SECT 27
Extortion with threat to kill
A person who makes a demand of another

person—
(a) with a threat to kill or inflict injury on a person (other than

the
offender or an accomplice of the offender); or
(b) with a threat in circumstances where, if the threat were carried

out,
the life of a person (other than the offender or an accomplice of the offender)
would be endangered—

s. 119(1)(Sch. 2
item 12), 48/1997 s.
60(1)(Sch. 1 item 14).
CRIMES ACT 1958
- SECT 28
Extortion with threat to destroy property etc.
A person who makes a demand of another person

with a threat to destroy, or endanger the safety of, a building, structure in
the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway
engine or railway carriage is guilty of an indictable offence.

s. 8(2).
CRIMES ACT 1958

- SECT 29
Using firearm to resist arrest etc.
S. 29(1) amended
by Nos 40/1988 s. 22, 49/1991
s. 119(1)(Sch. 2
item 10), 48/1997 s.
60(1)(Sch. 1 item 15), 69/1997 s.
22(1).
(1) A person who makes or attempts to make any use of a firearm or

imitation firearm with intent to resist or prevent the lawful apprehension or
detention of himself or herself or any other person is guilty of an indictable
offence.
Penalty: Level 5 imprisonment (10 years maximum) or level 5 fine (1200

penalty units maximum).
S. 29(2) amended by No. 25/1989

s. 20(a).
(2) A person who commits an offence against subsection (1) in respect of

the lawful apprehension or detention of himself or herself for any other offence
committed by him or her is liable to the penalty provided by that subsection in
addition to any penalty to which he or she may be liable for that other
offence.
S. 29(3)(a) amended by No. 24/1990

s. 16, substituted by No. 66/1996 s. 201(1).
(a) "firearm" has the same meaning as in the

Firearms Act 1996; and
(b) "imitation firearm" means anything which has the
appearance of being a firearm whether or not it is capable of discharging any
shot or other missile.

s. 119(1)(Sch. 2
item 12), 48/1997 s.
60(1)(Sch. 1 item 16).
CRIMES ACT 1958

- SECT 30
Threatening injury to prevent arrest
A person who threatens injury to any other

person or to any property with intent—
(a) to prevent or hinder the lawful apprehension or detention of

himself
or herself or any other person; or
S. 30(b) amended by Nos 43/2011 s. 15,

37/2014 s. 10(Sch. item 36.2).
(b) to prevent or hinder a police officer or a protective services

officer
from investigating in a lawful manner any act or circumstance which reasonably
calls for investigation by a police officer or a protective services
officer—

s. 8(2).
CRIMES ACT 1958

- SECT 31
Assaults
S. 31(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 13), 48/1997 s.
60(1)(Sch. 1 item 16).
(1) A person who—
(a) assaults or threatens to assault another person with intent to

commit
an indictable offence; or
S. 31(1)(b) amended by Nos 43/2011

s. 16, 37/2014 s. 10(Sch. item 36.3), substituted by No. 69/2014
s. 13(1), amended by Nos 28/2016 s. 7(1), 43/2017
s. 48(1).
(b) assaults or threatens to assault, resists or intentionally

obstructs
an emergency worker on duty or a youth justice custodial worker on duty, or a
custodial officer on duty, knowing or being reckless as to whether the person
was an emergency worker or a youth justice custodial worker or a
custodial officer; or
S. 31(1)(ba) inserted by No. 69/2014

s. 13(1), amended by Nos 20/2015 s. 21, 28/2016 s. 7(2), 43/2017
s. 48(2).
(ba) assaults or threatens to assault, resists or intentionally

obstructs
a person lawfully assisting an emergency worker on duty or a youth justice
custodial worker on duty, or a custodial officer on duty, knowing or being
reckless as to whether the person was assisting an emergency worker or a youth
justice custodial worker or a custodial officer; or
(c) assaults or threatens to assault a person with intent to resist or

prevent the lawful apprehension or detention of a person—
(2) In subsection (1), "assault" means the direct or indirect

application of force by a person to the body of, or to clothing or equipment
worn by, another person where the application of force is—
(a) without lawful excuse; and
(b) with intent to inflict or being reckless as to the infliction of

bodily injury, pain, discomfort, damage, insult or deprivation of
liberty—
and results in the infliction of any such consequence (whether or not the
consequence inflicted is the consequence intended or foreseen).
S. 31(2A) inserted by No. 69/2014

s. 13(2).
(2A) In subsection (1)—
S. 31(2A) defs of custodial

officer on duty and custodial officer inserted by
No. 28/2016 s. 7(3), amended by No. 38/2017
s. 81(1).
custodial officer on duty and custodial officer

have the same meanings as in section 10AA of the Sentencing Act
1991;
S. 31(2A) defs of emergency

worker on duty and emergency worker amended as emergency
worker on duty, emergency worker, youth justice custodial worker
on duty and youth justice custodial worker by No. 43/2017
s. 48(3).
"emergency worker on duty", emergency worker,

youth justice custodial worker on duty and youth justice
custodial worker have the same meanings as in section 10AA of the
Sentencing Act 1991.
(3) In subsection (2)—
"application of force" includes—
(a) application of heat, light, electric current or any other form of

energy; and
(b) application of matter in solid, liquid or gaseous form.

s. 202 (as amended by Nos 26/1997
s. 35(2), 48/1997
s. 60(2) (as amended by No.
74/2000 s. 3(Sch. 1 item 114)).
CRIMES ACT 1958

- SECT 31A
Use of firearms in the commission of offences
S. 31A(1)
(1) A person who is found guilty of an indictable offence and who

carried—
(a) a firearm (within the meaning of the Firearms Act 1996);

or
(b) an imitation firearm (within the meaning of section

29(3)(b))—
when committing the offence is guilty of a further offence and is liable to

(2) Despite anything to the contrary in the Sentencing Act 1991 or

in any other law, a court, in imposing a penalty under subsection
(1)—
(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.

s. 6.
CRIMES ACT 1958

- SECT 31B
Being armed with criminal intent
"controlled weapon" has the same meaning as in the Control

of Weapons Act 1990;

1996;
"imitation firearm" has the same meaning as in section

29;
"prohibited weapon" has the same meaning as in the Control

of Weapons Act 1990.
(2) A person who, with criminal intent, is armed with a firearm, an

imitation firearm, a prohibited weapon or a controlled weapon is guilty of an
indictable offence.

s. 3.
CRIMES ACT 1958

- SECT 31C
Discharging a firearm reckless to safety of a police officer or a protective
services officer
(1) A person commits an offence

if—
(a) the person discharges a firearm and is reckless as to the safety

of
another person (the victim) due to the discharge of the firearm;
and
(b) the victim is a police officer on duty or a protective services

officer on duty; and
(c) the person knows or is reckless as to whether the victim is a

police
officer or a protective services officer.
(2) A person who commits an offence against subsection (1) is liable to
(3) Subsection (1) does not apply to conduct engaged in by a person who
is—
(a) a police officer or a protective services officer acting in the

course
of the police officer's or the protective services officer's official duties
when authorised to discharge a firearm by the Chief Commissioner of Police;
or
(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
(c) a member of a police force or police service of the Commonwealth

or of
another State or a Territory discharging a firearm issued to the member for the
performance of a detailed duty; 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—
(i) the Conservation, Forests and Lands Act 1987; or
(ii) the Livestock Disease Control Act 1994; or
(iii) the Prevention of Cruelty to Animals Act 1986.
Notes
1 An offence against this section if committed in certain

circumstances is a category 2 offence under the Sentencing Act 1991.
See section 5(2H) of that Act for the requirement to impose
a custodial order for this offence unless the circumstances set out in
paragraphs (a) to (e) of that section exist.
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.
"discharge "means the discharge of shot or a bullet or other

missile from a firearm;

1996;
"police officer on duty" means a police officer who is

performing any duty or exercising any power as such an officer;
"protective services officer on duty" means a protective

services officer who is performing any duty or exercising any power as such
an officer;
"senior IBAC Officer" has the same meaning as it has in

the Independent Broad-based Anti‑corruption Commission Act
2011.
S. 31D inserted by No. 3/2019

s. 3.
CRIMES ACT 1958

- SECT 31D
Intimidation of a law enforcement officer or a family member of a law enforcement
officer
(1) A person commits an offence

if—
(a) the person uses or procures the use of intimidation towards

another
person (the victim); and
(b) the victim is a law enforcement officer or a family member of a
law enforcement officer; and
(c) the use or procuring of intimidation is for reasons related to the

victim being a law enforcement officer or a family member of a law
enforcement officer.

(3) For the purposes of subsection (1)(a), a person uses

"intimidation" towards a victim if—
(a) the person engages in conduct that could reasonably be expected to

arouse apprehension or fear in the victim for the safety of the victim;
and
(b) either—
(i) the person knows that engaging in that conduct would be

likely to
arouse that apprehension or fear; or
(ii) in all the particular circumstances, the person ought to

have known
that engaging in that conduct would be likely to arouse that apprehension or
fear.
(4) Subsection (3) applies whether or not the conduct arouses apprehension
or fear in the victim.
(5) In a proceeding for an offence against subsection (1) it is a defence

to the charge for the accused to prove that conduct in respect of a
victim referred to in paragraph (d), (e), (f) or (g) of the definition
of law enforcement officer in subsection (8) was engaged in
without malice—

enterprise (including that of any body or person whose business, or
whose principal business, is the publication, or arranging the publication,
of news or current affairs material); or
(b) for the purposes of an industrial dispute; or

or communicating with respect to public affairs.
(6) For the purposes of this section a single act may amount to
intimidation.
(7) For the purposes of this section, it is immaterial—
(a) that some or all of the conduct constituting an offence against

subsection (1) occurred outside Victoria, so long as the victim was in Victoria
at the time at which that conduct occurred; or
(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) some or all of the conduct constituting an offence against

subsection
(1) occurred outside Victoria and the victim was outside Victoria at the
relevant time or times, so long as the conduct is for reasons related to the
victim being a law enforcement officer in Victoria, or a family member of a law
enforcement officer in Victoria.
family member has the meaning given in section 8 of the

Family Violence Protection Act 2008;
"law enforcement officer" means a person who

is—
(a) a police officer; or

(b) a protective services officer; or
(c) a police custody officer within the meaning of the Victoria Police
Act 2013; or
(d) a Governor, prison officer or escort officer within the meaning of

the
Corrections Act 1986; or
(e) authorised under section 9A(1) of the Corrections Act 1986

to exercise a function or power of a Governor, a prison officer or an escort
officer under that Act; or
(f) authorised under section 9A(1A) or (1B) of the Corrections

Act 1986 to exercise a function or power referred to in that
subsection; or
(g) a youth justice custodial worker within the meaning of the

Children, Youth and Families Act 2005.
New s. 32
inserted by No.
46/1996s. 4.
CRIMES ACT 1958

- SECT 32
Offence to perform female genital mutilation
S. 32(1) amended
by No. 48/1997 s. 60(1)(Sch. 1
item 18).
(1) A person must not perform female genital mutilation on a

child.
S. 32(2) amended by No. 48/1997

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.

New s. 33
inserted by No.
46/1996s. 4.
CRIMES ACT 1958

- SECT 33
Offence to take a person from the State with the intention of having prohibited
female genital mutilation performed
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.
S. 33(2) amended by No. 68/2009

s. 97(Sch. item 40.2).
(2) In proceedings for an offence under subsection (1), proof

that—
S. 33(2)(a) amended by No. 68/2009

s. 97(Sch. item 40.2).
(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.
CRIMES ACT 1958

- SECT 34
Consent not a defence to a charge under sections 32 or 33
It is not a defence to a charge brought under
section 32 or 33 to prove that the person on whom the act which is the subject
of the charge was performed, or the parents or guardian of that person,
consented to the performance of that act.
S. 34A
inserted by No.
46/1996s. 4.
CRIMES ACT 1958

- SECT 34A
Exceptions to offences under section 32
(1) It is not an offence against section 32 if

the performance of the female genital mutilation is by a surgical operation
which is—
(a) necessary for the health of the person on whom it is performed and
which is performed by a medical practitioner; or
(b) is performed on a person in labour or who has just given birth,

and
for medical purposes or the relief of physical symptoms connected with that
labour or birth, and which is performed by a medical practitioner or a midwife;
or
(c) is a sexual reassignment procedure which is performed by a medical

practitioner.
(2) For the purposes of subsection (1)(a), in determining whether an

operation is necessary for the health of a person, the only matters to be taken
into account are those relevant to the medical welfare or the relief of physical
symptoms of the person.
(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.
Pt 1 Div. 1 Subdiv. (5) (Heading and ss

16–35) amended by Nos 7088 s. 2(b), 7645 s. 2, 8280 s. 4,
9155 s. 2, 9576 s. 11(1), repealed by No. 10233 s. 8(2), new
Pt 1 Div. 1 Subdiv. (5) (Heading and s. 34B) inserted by No.
80/2003 s. 185, substituted as Pt 1 Div. 1 Subdiv. (5)
(Heading and ss 34B–34BE) by No. 47/2016
s. 3.
(5)
Corpses
S. 34B substituted by
No. 47/2016 s. 3.
CRIMES ACT 1958

- SECT 34B
Sexual activity with the corpse of a human being
(1) A person (A) commits an offence

if—
(a) A intentionally engages in an activity involving the corpse of a

human
being; and
(b) the activity is sexual.

(a) an activity is sexual if it would involve sexual penetration as

defined by section 35A were the corpse a person;
(b) an activity may be sexual due to—
(i) the area of A's body or of the corpse involved in the

activity,
including (but not limited to) the genital or anal region, the buttocks or,
in the case of a female, the breasts; or
(ii) the fact that A seeks or gets sexual arousal or sexual
gratification
from the activity; or
(iii) any other aspect of the activity, including the

circumstances in
which it takes place.
Notes
1 Exceptions apply to this offence—see section 34BD.
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.
CRIMES ACT 1958

- SECT 34BA
Removal of body parts from the corpse of a human being
(1) A person (A) commits an offence if A

intentionally removes a body part from the corpse of a human
being.

Note
Exceptions apply to this offence—see section 34BD.
S. 34BB inserted by
No. 47/2016 s. 3.
CRIMES ACT 1958

- SECT 34BB
Offensive conduct involving human remains

if—
(a) A intentionally engages in conduct involving human remains;

and
(b) the conduct is offensive.

(3) An offence against subsection (1) is a summary offence.
(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.
"human remains" has the same meaning as in the

Cemeteries and Crematoria Act 2003.
Notes
1 Exceptions apply to this offence—see section 34BD.
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.
CRIMES ACT 1958

- SECT 34BC
Location of corpse or human remains immaterial
(1) For the purposes of sections 34B and 34BA,

it is immaterial whether the corpse is in a public cemetery within the
meaning of the Cemeteries and Crematoria Act 2003 or at any other
place.
(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.
CRIMES ACT 1958

- SECT 34BD
Exceptions
A does not commit an offence against a provision

of this Subdivision if A's conduct occurs in the course of—
(a) a procedure carried out in good faith for the purpose of

preparing the corpse or human remains for cremation or for interment within
the meaning of the Cemeteries and Crematoria Act 2003;
or
(b) any other lawful procedure carried out in good faith for medical,
hygienic, scientific, forensic or law enforcement purposes.
Note
The reference to A in this section is a reference to the same A referred to

in the offence provisions in this Subdivision.
S. 34BE inserted by
No. 47/2016 s. 3.
CRIMES ACT 1958

- SECT 34BE
No defence of mistaken but honest and reasonable belief that activity was not
sexual or conduct was not offensive
It is not a defence to a charge that, at the

time of the conduct constituting the offence, A was under a mistaken but honest
and reasonable belief that—
(a) for an offence against section 34B(1)—the activity was not

sexual; or
(b) for an offence against section 34BB(1)—the conduct

was not offensive.
Note


amended by Nos 9155 s. 3, 9576 s. 11(1), repealed by No. 10233
s. 8(2).
* * * * *

37–43) amended by Nos 6958 s. 8(4)(b), 7546 s. 4, 7876
s. 2(3), 8280 s. 5, 9576 s. 11(1), repealed by No. 10233
s. 8(2).
* * * * *

44–62) amended by Nos 6761
s. 2, 7332
s. 2(Sch. 1 item 18), 7577 s. 2, 8280 s. 6, substituted as
Pt 1 Div. 1 Subdiv. (8) (Heading and ss 44-46) by No. 9509 s. 5,
substituted as Pt 1 Div. 1 Subdiv. (8) (Heading and ss 36–39) by No.
8/1991 s. 3, substituted as Pt 1 Div. 1 Subdiv. (8) (Heading and
ss 35–37) by No. 81/1991 s. 3.
(8) Sexual offences

(general provisions)
S. 34C inserted by
No. 74/2014 s. 3 (as amended by No. 14/2015 s. 69(2)),
* * * * *
New s. 35 inserted by No. 81/1991 s. 3,

amended by Nos 2/2006 s. 3, 12/2008 s. 73(1)(Sch. 1 item
16), 4/2009 s. 37(Sch. 1 item 9), 74/2014 s. 7(1),
CRIMES ACT 1958

- SECT 35
Definitions
(1) In Subdivisions (8A) to

(8FA)—
"animal" means any animal (other than a human being), whether

vertebrate or not;
"care, supervision or authority"—see

section 37;
"consent"—see section 36;
"domestic partner" of a person means—
(a) a person who is in a registered domestic relationship with the

person;
or
(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
See also subsection (2).
"sexual", in relation to an activity—see

section 35D;
"sexual", in relation to touching—see

section 35B;
"sexual penetration"—see section 35A;
"take part in a sexual act"—see section 35C;
"touching"—see section 35B;
S. 35(1) def. of vagina substituted

by No. 5/2018 s. 3(1).
"vagina" includes the external genitalia;
(2) For the purposes of the definition of domestic

partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as

in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered

domestic relationship are domestic partners of each other, all
the circumstances of their relationship are to be taken into account,
including any one or more of the matters referred to in section 35(2)
of the Relationships Act 2008 as may be relevant in a particular
case.
s. 3(2).
(3) For the purposes of Subdivisions (8A) to (8FA), a reference to a

part of the body includes a reference to a surgically altered
or constructed part of the body.
S. 35A inserted by
No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 35A
Sexual penetration
(1) A person (A) sexually penetrates another

person (B) if—
(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
(d) A, having introduced a part of A's body or an object into B's

vagina, continues to keep it there; or
(e) A, having introduced a part of A's body or an object into B's

anus, continues to keep it there; or
(f) A, having introduced their penis into B's mouth, continues to keep
it
there.
(2) A person sexually penetrates themselves if—
(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.
(3) A person (A) sexually penetrates an animal if A engages in

conduct with the animal that would involve sexual penetration as defined
by subsection (1) were the animal another person (B).
(4) A person (B) is sexually penetrated by an animal if B engages in

conduct with the animal that would involve sexual penetration
as defined by subsection (1) were the animal another person (A).
(5) In relation to sexual penetration of an animal, a reference to

the vagina or anus includes a reference to any similar part.
Note
References to A and B are included to help readers understand

the definition of sexual penetration. The same technique is used
in the offence provisions involving sexual penetration. There is no
connection between the A and B referred to in one section and the A and B
referred to in another section.
S. 35B inserted by
No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 35B
Touching
(1) Touching may be done—
(a) with any part of the body; or
(b) with anything else; or
(c) through anything, including anything worn by the person doing the
touching or by the person touched.
(2) Touching may be sexual due to—
(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
(c) any other aspect of the touching, including the circumstances in

which
it is done.
S. 35C inserted by
No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 35C
Taking part in a sexual act
A person takes part in a sexual act

if—
(a) the person is sexually penetrated or sexually touched—
(i) by another person; or

(ii) by an animal; or
(b) the person sexually penetrates or sexually touches—
(i) another person; or
(ii) themselves; or
(iii) an animal.
S. 35D inserted by
No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 35D
Sexual activity
An activity may be sexual due

to—
(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
(c) any other aspect of the activity, including the circumstances in

which
it is engaged in.
Example
A watches pornography in the presence of A's daughter (B) and her friend
(C).
S. 36 substituted by No. 81/1991 s. 3,

repealed by No. 74/2014 s. 7(2), new s. 36
inserted by No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 36
Consent
(1) For the purposes of Subdivisions (8A) to

(8E), consent means free agreement.
(2) Circumstances in which a person does not consent to an act

include, but are not limited to, the following—
(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;
(d) the person is asleep or unconscious;
(e) the person is so affected by alcohol or another drug as to be

incapable of consenting to the act;
(f) the person is so affected by alcohol or another drug as to be

incapable of withdrawing consent to the act;
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.
(g) the person is incapable of understanding the sexual nature of the

act;
(h) the person is mistaken about the sexual nature of the act;
(i) the person is mistaken about the identity of any other

person involved
in 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.
CRIMES ACT 1958

- SECT 36A
Reasonable belief in consent
(1) Whether or not a person reasonably believes

that another person is consenting to an act depends on the
circumstances.
(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.
CRIMES ACT 1958

- SECT 36B
Effect of intoxication on reasonable belief
(1) In determining whether a person who is

intoxicated has a reasonable belief at any time—
(a) if the intoxication is self-induced, regard must be had to the

standard of a reasonable person who is not intoxicated and who is otherwise in
the same circumstances as that person at the relevant time; and
(b) if the intoxication is not self-induced, regard must be had to the

standard of a reasonable person who is intoxicated to the same extent as that
person and who is in the same circumstances as that person at the relevant time.
(2) For the purposes of this section, intoxication is self-induced unless

it came about—
(a) involuntarily; or
(b) because of fraud, sudden or extraordinary emergency, accident,

reasonable mistake, duress or force; 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. 36B(2)(ca) inserted by No. 5/2018

s. 4(1)(a), repealed by No. 34/2019
s. 46(a).
* * * * *
S. 36B(2)(d) amended by Nos 5/2018

s. 4(1)(b), 34/2019 s. 46(b).
(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.
S. 36B(3) amended by No. 5/2018

s. 4(2).
(3) However, intoxication that comes about in the circumstances referred

to in subsection (2)(c), (ca) or (d) is self-induced if the person using the
drug knew, or had reason to believe, when taking the drug that it would
significantly impair the person's judgement or control.
S. 37 substituted by No. 81/1991 s. 3,

amended by Nos 81/1997 s. 4,
2/2006 s. 4, substituted by No. 57/2007 s. 3, repealed by
No. 74/2014 s. 7(3), new s. 37 inserted by
No. 47/2016 s. 5.
CRIMES ACT 1958

- SECT 37
Care, supervision or authority
(1) Without limiting the circumstances in which

a child is under the care, supervision or authority of a person, a person
(A) has a child (B) under their care, supervision or authority if A
is—
(a) B's parent or step-parent; or
(b) B's teacher; or
(c) B's employer; or
(d) B's youth worker; or
(e) B's sports coach; or
(f) B's counsellor; or
(g) B's health professional; or
(h) a person who has parental responsibility (within the meaning of

the
Children, Youth and Families Act 2005) for B; or
(i) a religious or spiritual guide, or a leader or official

(including a
lay member) of a church or religious body, however any such guide, leader,
official, church or body is described, who provides care, advice or instruction
to B or has authority over B; or
(j) an out of home carer (within the meaning given by section 74 of

the
Children, Youth and Families Act 2005) of B; or
(k) a police officer acting in the course of their duty in respect of

B;
or
(l) employed in, or providing services in, a remand centre, youth

residential centre, youth justice centre or prison and is acting in the
course of their duty in respect of B.
"parent" includes—
(a) a parent by operation of the Adoption Act 1984; and
(b) a parent by operation of the

Status of Children Act
1974;
"step-parent", in relation to a person, includes the spouse or

domestic partner of the person's
parent.
S. 37AAA inserted by No. 57/2007 s. 4,

repealed by No. 74/2014 s. 7(3).
* * * * *
S. 37AA inserted by No. 57/2007 s. 4,

* * * * *

s. 5.
CRIMES ACT 1958

- SECT 37A
Objectives of Subdivisions 8A to 8G
The objectives of Subdivisions (8A) to (8G)

are—
(a) to uphold the fundamental right of every person to make decisions

about his or her sexual behaviour and to choose not to engage in sexual
activity;
S. 37A(b) amended by
No. 47/2016 s. 6.
(b) to protect children and persons with a cognitive impairment

or mental illness from sexual exploitation.

s. 5.
CRIMES ACT 1958

- SECT 37B
Guiding principles
It is the intention of Parliament that in

interpreting and applying Subdivisions (8A) to (8G), courts are to have regard
to the fact that—
(a) there is a high incidence of sexual violence within society;

and
(b) sexual offences are significantly under‑reported; and
S. 37B(c) amended by
No. 47/2016 s. 7.
(c) a significant number of sexual offences are committed against

women, children and other vulnerable persons including persons with a
cognitive impairment or mental illness; and
(d) sexual offenders are commonly known to their victims; and
(e) sexual offences often occur in circumstances where there is

unlikely
to be any physical signs of an offence having occurred.
Pt 1 Div. 1 Subdiv. (8A)

(Heading) substituted by No. 47/2016 s. 8.
Pt 1 Div. 1 Subdiv. (8A) (Heading and ss

47–50) inserted by No. 9509 s. 5 amended by No. 10079 s. 8(1),
substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 40–43) by No.
8/1991 s. 3, substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and
ss 38, 39) by No. 81/1991 s. 3 amended by Nos 49/1991
s. 119(3)(Sch. 3 item 1) (as amended by No. 81/1991 s.10(Sch. item 3.1)),
41/1993 s. 20, 48/1997 s. 60(1)(Sch. 1 items 19, 20), 67/2000 s. 4, 2/2006 ss 6,
7, 57/2007ss 5–7,
substituted as Pt 1 Div. 1 Subdiv. (8A) (Heading and ss 37C–43)
by No. 74/2014 s. 4.
(8A) Rape, sexual

assault and associated sexual offences
Ss 37C–37G inserted by
No. 74/2014 s. 4, repealed by No. 47/2016
s. 9.
* * * * *
S. 37H inserted by
No. 74/2014 s. 4, amended by No. 20/2016 s. 144,
* * * * *
S. 38 substituted by No. 74/2014
s. 4.
CRIMES ACT 1958

- SECT 38
Rape

if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the

penetration.

Note to s. 38(2) inserted by

s. 26(1).
* * * * *
S. 38(3) repealed by
No. 47/2016 s. 10(1), new s. 38(3) inserted by
No. 34/2017 s. 26(2).
(3) The standard sentence for an offence against subsection (1) is 10

years.
No. 47/2016 s. 10(2), substituted as Notes by No. 34/2017
s. 26(3).
Notes
1 An exception applies to this offence—see section 48A.
2 See sections 5A and 5B of the Sentencing Act 1991 as

to standard sentences.

Sentencing Act 1991. See section 5(2G) of that Act for the
requirement to impose a custodial order for this offence.
S. 39 substituted by No. 74/2014

s. 4.
CRIMES ACT 1958

- SECT 39
Rape by compelling sexual penetration
S. 39(1)
substituted by No. 47/2016 s. 11(1).
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B)—
(i) to sexually penetrate A; or
(ii) to sexually penetrate themselves; or
(iii) to sexually penetrate another person (C) or an animal; or
(iv) to be sexually penetrated by C or by an animal; and
(b) B does not consent to the sexual penetration; and
(c) A does not reasonably believe that B consents to the sexual

penetration.


No. 65/2016 s. 20(13).
Note
An offence against subsection (1) is a category 1 offence under the

S. 39(3) repealed by
No. 47/2016 s. 11(2).
* * * * *
No. 47/2016 s. 11(3).
Note
Exceptions apply to this offence—see section 48A.
S. 40
substituted by
No. 74/2014 s. 4.
CRIMES ACT 1958

- SECT 40
Sexual assault

if—
(a) A intentionally touches another person (B); and
(b) the touching is sexual; and
(c) B does not consent to the touching; and
(d) A does not reasonably believe that B consents to the

touching.

S. 40(3)(4) repealed by
No. 47/2016 s. 12(1).
* * * * *
Note to s. 40 substituted as Notes

by No. 47/2016 s. 12(2).
Notes
1 An exception applies to this offence—see section 48A.
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 inserted by No. 74/2014

s. 4.
CRIMES ACT 1958

- SECT 41
Sexual assault by compelling sexual touching

if—
S. 41(1)(a) substituted by
No. 47/2016 s. 13(1).
(a) A intentionally causes another person (B)—
(i) to touch A; or
(ii) to touch themselves; or
(iii) to touch another person (C) or an animal; or
(iv) to be touched by C or by an animal; and
(b) the touching is sexual; and
(c) B does not consent to the touching; and
(d) A does not reasonably believe that B consents to the

touching.

S. 41(3)(4) repealed by
No. 47/2016 s. 13(2).
* * * * *
Note to s. 41 substituted as Notes

by No. 47/2016 s. 13(3).
Notes
1 Exceptions apply to this offence—see section 48A.
2 A mistaken but honest and reasonable belief that the touching was
48B.

s. 4.
CRIMES ACT 1958

- SECT 42
Assault with intent to commit a sexual offence

if—
(a) A intentionally applies force to another person (B); and
(b) B does not consent to the application of that force; and
(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.

(3) A may commit an offence against subsection (1) even if B is not

aware of the application of force by A.
(4) Force for the purposes of subsection (1) may be

applied—
(a) directly or indirectly; or
(b) to the body of, or to clothing or equipment worn by, B.
(5) In subsection (1)—
"application of force" includes—
(a) application of heat, light, electric current or any other form of

energy; and
(b) application of matter in solid, liquid or gaseous form.

s. 4.
CRIMES ACT 1958

- SECT 43
Threat to commit a sexual offence

if—
(a) A makes to another person (B) a threat to rape or sexually

assault B or a third person (C); and
(b) A intends that B will believe, or believes that B will probably

believe, that A will carry out the threat.
(2) Words or conduct may constitute a threat for the purposes of
subsection (1) if by those words or that conduct an intention to do any of the
following is conveyed—
(a) to sexually penetrate or sexually touch B or C without B or C's

consent;
(b) to cause B or C, without B or C's consent, to sexually penetrate

or
sexually touch—
(i) A; or
(ii) C or B (as the case requires); or
(iii) themselves; or
(iv) another person; 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).
(c) to cause B or C, without B or C's consent, to be sexually

penetrated
or sexually touched by another person or by an animal.

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.
CRIMES ACT 1958

- SECT 44
Procuring sexual act by threat

if—
(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
(b) A intends that B will believe, or believes that B will probably

believe, that A will cause that harm; and
(c) as a result of A's threat, B or another person takes part (whether

at
the time the threat is made or at a later time) in a sexual act with A or
another person; and
(d) A intends that, as a result of A's threat, an outcome mentioned in

paragraph (c) will occur.

(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.
No. 47/2016 s. 15.
CRIMES ACT 1958

- SECT 45
Procuring sexual act by fraud

if—
(a) A makes a false or misleading representation; and
(b) A knows that—
(i) the representation is false or misleading; or
(ii) the representation is probably false or misleading; and
(c) as a result of A's representation, another person (B) takes part

(whether at the time the representation is made or at a later time) in a
sexual act with A or another person; and
(d) A intends that, as a result of A's representation, an outcome

mentioned in paragraph (c) will occur.

(3) For the purposes of subsection (1), a false or misleading
representation may be made by words or conduct (including by omission)
and may be explicit or implicit.
Note
No. 47/2016 s. 15.
CRIMES ACT 1958

- SECT 46
Administration of an intoxicating substance for a sexual purpose

if—
(a) A—
(i) administers an intoxicating substance to another person (B);

or
(ii) causes B to take an intoxicating substance; or
(iii) causes another person (C) to administer an intoxicating

substance to
B; and
(b) A intends that the intoxicating substance—
(i) will impair B's capacity to give, withhold or withdraw

consent to
taking part in a sexual act; and
(ii) will facilitate B taking part in a sexual act with A or

another
person.

"intoxicating substance" includes any substance that affects a

person's senses or understanding.
Note
No. 47/2016 s. 15.
CRIMES ACT 1958

- SECT 47
Abduction or detention for a sexual purpose
if—
(a) A—
(i) takes away or detains another person (B); or
(ii) causes B to be taken away or detained by another person;

and
(b) B does not consent to being taken away or detained; and
(c) A knows that—
(i) B does not consent to being taken away or detained; or
(ii) B probably does not consent to being taken away or

detained;
and
(d) A intends that—
(i) B will take part in a sexual act with A or another person

(C) or
both; or
(ii) A or C will marry B (whether or not B consents to being

married).

(3) It is immaterial that the law prohibits or would not recognise

(for whatever reason) a marriage between A and B or between C and
B.
Note
No. 47/2016 s. 15.
CRIMES ACT 1958

- SECT 48
Sexual activity directed at another person

if—
(a) A engages in an activity; and
(b) the activity is sexual; and

(c) another person (B) sees the activity or a part of the activity;
and
(d) A knows that B will see, or will probably see, the activity or a
part
of the activity; and
(e) A—
(i) intends that B will experience fear or distress from seeing

the
activity or a part of the activity; or
(ii) knows that B will experience, or will probably experience,

fear or
distress from seeing the activity or a part of the activity.

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.
CRIMES ACT 1958

- SECT 48A
Exceptions—medical, hygienic, veterinary, agricultural or scientific purposes
(1) A does not commit an offence

against—
(a) section 38(1) or 40(1)—if the sexual penetration or touching

(as
the case requires) is of a person and is done in the course of a procedure
carried out in good faith for medical or hygienic purposes; or
(b) section 39(1) or 41(1)—if the sexual penetration or touching

(as
the case requires) is of a person and is caused by A to be done in the
course of a procedure carried out in good faith for medical or hygienic
purposes.
(2) A does not commit an offence against section 39(1) or

41(1)—if the sexual penetration or touching (as the case requires)
is of an animal and is caused by A to be done in the course
of a procedure being carried out in good faith for veterinary or
agricultural purposes or scientific research purposes.
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.
CRIMES ACT 1958

- SECT 48B
No defence of mistaken but honest and reasonable belief that touching or activity
was not sexual

time of the conduct constituting the offence, A was under a mistaken but
honest and reasonable belief that—
(a) for an offence against section 40(1) or 41(1)—the touching

was not sexual; or
(b) for an offence against section 48(1)—the activity was not

sexual.
Note

A referred to in sections 40, 41 and 48.
Pt 1 Div. 1 Subdiv. (8B) (Heading and

s. 51) inserted by No. 9509 s. 5, amended by
No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv.
(8B) (Heading and s. 44) by No. 8/1991 s. 3, amended by
Nos 49/1991
s. 119(3)(Sch. 3
items 3A, 4), 48/1997 s. 60(1)(Sch. 1 item 21), 2/2006 s. 8,
57/2007 s. 8, 52/2014 s. 13, 65/2016 s. 20(14)(15), substituted as Pt
1 Div. 1 Subdiv. (8B) (Heading and ss 49A–49ZC) by No. 47/2016
s. 16.
(8B) Sexual offences

against children
New s. 49A inserted by No. 47/2016
s. 16.
CRIMES ACT 1958

- SECT 49A
Sexual penetration of a child under the age of 12

if—
(a) A intentionally—
(i) sexually penetrates another person (B); or
(ii) causes or allows B to sexually penetrate A; or
(iii) causes B—
(A) to sexually penetrate themselves; or
(B) to sexually penetrate another person (C); or
(C) to be sexually penetrated by C; and
(b) B is a child under the age of 12 years.


s. 27(1).

years.
Notes
1 An exception applies to this offence—see section 49T.
2 A mistaken but honest and reasonable belief that B was 12 years of

age or more is not a defence to this offence—see section
49ZC.
Note 3 to s. 49A inserted by No.

65/2016 s. 24(1), substituted by No. 34/2017 s. 27(2).

Note 4 to s. 49A inserted by

No. 34/2017 s. 27(2).

New s. 49B inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49B
Sexual penetration of a child under the age of 16

if—
(iii) causes B—

(b) B is a child under the age of 16 years.

S. 49B(3) inserted by No. 34/2017

s. 28(1).

years.
Notes
1 An exception applies to this offence—see section 49T.
2 Defences apply to this offence—see sections 49V

and 49W.
Note 3 to s. 49B inserted by

No. 34/2017 s. 28(2).

New s. 49C inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49C
Sexual penetration of a child aged 16 or 17 under care, supervision or authority

if—
(iii) causes B—

(b) B is—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or authority.

Notes
1 Exceptions apply to this offence—see sections 49T

and 49Y.
2 Defences apply to this offence—see sections 49X, 49Z

and 49ZA.

s. 16.
CRIMES ACT 1958

- SECT 49D
Sexual assault of a child under the age of 16

if—
(i) touches another person (B); or
(ii) causes or allows B to touch A; or
(iii) causes B—
(A) to touch, or to continue to touch, themselves; or
(B) to touch, or to continue to touch, another person (C); or
(C) to be touched, or to continue to be touched, by C; and
(b) B is a child under the age of 16 years; and
(c) the touching is—
(i) sexual; and
(ii) contrary to community standards of acceptable conduct.

S. 49D(2A) inserted by No. 34/2017

s. 29(1).
(2A) The standard sentence for an offence against subsection (1) is 4

years.
(3) Whether or not the touching is contrary to community standards of

acceptable conduct depends on the circumstances.
(a) the circumstances include—
(i) the purpose of the touching; and
(ii) whether A seeks or gets sexual arousal or sexual

gratification
from the touching;
(b) the circumstances do not include—
(i) whether B consents to the touching; or
(ii) whether A believes that B consents to the touching.
Notes
1 An exception applies to this offence—see section 49U.
2 A defence applies to this offence—see section 49W.
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.
Note 4 to s. 49D inserted by

No. 34/2017 s. 29(2).

S. 49E inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49E
Sexual assault of a child aged 16 or 17 under care, supervision or authority

if—
(iii) causes B—
(B) to touch, or to continue to touch, another person (C); or
(C) to be touched, or to continue to be touched, by C; and
(b) B is—
(ii) under A's care, supervision or authority; and
(c) the touching is—
(i) sexual; and



gratification from
the touching;
Notes
1 An exception applies to this offence—see section 49Y.

and 49ZA.
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
S. 49F inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49F
Sexual activity in the presence of a child under the age of 16

if—
(a) A intentionally engages in an activity; and
(c) another person (B) is present when A engages in the activity;

and
(d) A knows that B is, or probably is, present when A engages in the
activity; and
(e) B is a child under the age of 16 years; and
(f) engaging in the activity in the presence of B is contrary to

community
standards of acceptable conduct.

S. 49F(2A) inserted by No. 34/2017

s. 30(1).

years.
(3) Whether or not engaging in the activity in the presence of B is

contrary to community standards of acceptable conduct depends on the
circumstances.
(i) the purpose of the activity; and

gratification from
engaging in the activity or from the presence of B;
(i) whether B consents—
(A) to being present when A engages in the activity; or
(B) to A engaging in the activity; or
(ii) whether A believes that B consents—
(B) to A engaging in the activity.
(5) For the purposes of subsection (1), when A engages in an activity, B

may be present—
(a) in person; or
(b) by means of an electronic communication within the meaning of the

Electronic Transactions (Victoria) Act 2000 that is received by B in
real time or close to real time.
(6) It is immaterial that some or all of the conduct constituting an

offence against subsection (1) occurred outside Victoria, so long as B was in
Victoria at the time at which that conduct occurred.
(7) It is immaterial that B was outside Victoria at the time at which

some or all of the conduct constituting an offence against subsection (1)
occurred, so long as A was in Victoria at the time at which that conduct
occurred.
Notes
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.
Note 4 to s. 49F inserted by

No. 34/2017 s. 30(2).

standard sentences.
S. 49G inserted by No. 47/2016
s. 16.
CRIMES ACT 1958

- SECT 49G
Sexual activity in the presence of a child aged 16 or 17 under care, supervision or
authority

if—

and
activity; and
(e) B is—
(f) engaging in the activity in the presence of B is contrary to

community
standards of acceptable conduct.


contrary to community standards of acceptable conduct depends on the
circumstances.

gratification from

(5) For the purposes of subsection (1), when A engages in an activity, B

may be present—
(a) in person; or

Electronic Transactions (Victoria) Act 2000 that is received by B in real
time or close to real time.

offence against subsection (1) occurred outside Victoria, so long as B was
in Victoria at the time at which that conduct occurred.

occurred, so long as A was in Victoria at the time at which that
conduct occurred.
Notes

and 49ZA.
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.
S. 49H inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49H
Causing a child under the age of 16 to be present during sexual activity

if—
(a) another person (B) engages in an activity; and
(c) another person (C) is present when B engages in the activity;

and
(d) A intentionally causes or allows C to be present when B engages in

the
activity; and
(e) C is a child under the age of 16 years; and
(f) A's causing or allowing C to be present when B engages in the

activity is contrary to community standards of acceptable conduct.

S. 49H(2A) inserted by No. 34/2017

s. 31(1).

years.
(3) Whether or not causing or allowing C to be present when B engages in

the activity is contrary to community standards of acceptable conduct depends on
the circumstances.

gratification from B
engaging in the activity or from the presence of C;
(i) whether C consents—
(A) to being present when B engages in the activity; or
(B) to B engaging in the activity; or
(ii) whether A believes that C consents—
(B) to B engaging in the activity.
(5) For the purposes of subsection (1), when B engages in an activity, C

may be present—
(a) in person; or

Electronic Transactions (Victoria) Act 2000 that is received by C in
real time or close to real time.

offence against subsection (1) occurred outside Victoria, so long as C was in
(7) It is immaterial that C was outside Victoria at the time at which

occurred.
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.
Note 4 to s. 49H inserted by

No. 34/2017 s. 31(2).

S. 49I inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49I
Causing a child aged 16 or 17 under care, supervision or authority to be present
during sexual activity

if—

and

the
activity; and
(e) C is—
(f) A's causing or allowing C to be present when B engages in the

activity is contrary to community standards of acceptable
conduct.


the circumstances.

gratification from B
engaging in the activity or from the presence of C;
(5) For the purposes of subsection (1), when B engages in an activity, C

may be present—
(a) in person; or

Electronic Transactions (Victoria) Act 2000 that is received by C in real
time or close to real time.
offence against subsection (1) occurred outside Victoria, so long as C was
in Victoria at the time at which that conduct occurred.
(7) It is immaterial that C was outside Victoria at the time at which

occurred.
Notes

and 49ZA.
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.
S. 49J inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49J
Persistent sexual abuse of a child under the age of 16

if—
(a) A sexually abuses another person (B) on at least 3 occasions

during a
particular period; and
(b) B is a child under the age of 16 years during the whole of that
period.

S. 49J(2A) inserted by No. 34/2017

s. 32(1).

years.
(3) It is not necessary that the alleged acts be of a similar nature or

constitute an offence under the same provision.
(4) It is not necessary to prove conduct constituting sexual abuse with

the same degree of specificity as to date, time, place, circumstances or
occasion as would be required if the accused were charged with an offence
constituted by that conduct instead of an offence against subsection
(1).
(5) For the purposes of subsection (1), A sexually abuses B if A
engages in conduct that would involve the commission by A of any of the
following—
(a) an offence against a provision of Subdivision (8A) (rape, sexual

assault and associated sexual offences);
(b) an offence against section 49A(1) (sexual penetration of a child

under
the age of 12);
(c) an offence against section 49B(1) (sexual penetration of a child

under
the age of 16);
(d) an offence against section 49D(1) (sexual assault of a child under

the
age of 16);
(e) an offence against section 49F(1) (sexual activity in the presence

of
a child under the age of 16);
(f) an offence against section 49H(1) (causing a child under the age
of 16
to be present during sexual activity);
(g) an offence against a provision of Subdivision (8C) (incest).
(6) Nothing in this section affects the operation of any exception or

defence applicable or available to A in respect of the offence constituting the
sexual abuse.
(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)—
(a) the jury—
(i) must find A not guilty of the offence against subsection

(1);
and
(ii) may find A guilty of the one or more instances of an

offence against
a provision referred to in subsection (5); and
(b) A is liable to the penalty for any offence of which, in accordance

with this subsection, A is found guilty.
(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.
Note to s. 49J inserted by No. 65/2016

s. 24(2), substituted as Notes by No. 34/2017 s. 32(2).
Notes

standard sentences.

S. 49K inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49K
Encouraging a child under the age of 16 to engage in, or be involved in, sexual
activity

if—
(a) A is 18 years of age or more; and
(b) A encourages another person (B) to engage in, or be involved in,

an
activity; and
(c) the activity is sexual; and
(d) B is a child under the age of 16 years; and
(e) A seeks or gets sexual arousal or sexual gratification

from—
(i) the encouragement; or
(ii) the sexual activity that is encouraged.

(3) For the purposes of subsection (1) encouraging may be

done—
(a) in person; or

Electronic Transactions (Victoria) Act 2000.
(4) It is not necessary to prove—
(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
(c) if B in fact engaged in, or was involved in, sexual activity

(whether
or not the same activity that was encouraged)—that A was present during
that activity.
(5) 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).


occurred.
"encourage" includes suggest, request, urge and

demand.
Notes
49ZC.
S. 49L inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49L
Encouraging a child aged 16 or 17 under care, supervision or authority to engage
in, or be involved in, sexual activity

if—
(b) A encourages another person (B) to engage in, or be involved in,

an
activity; and
(c) the activity is sexual; and
(d) B is—
(e) A seeks or gets sexual arousal or sexual gratification

from—
(i) the encouragement; or
(ii) the sexual activity that is encouraged.

(3) For the purposes of subsection (1) encouraging may be

done—
(a) in person; or

Electronic Transactions (Victoria) Act 2000.
(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
(c) if B in fact engaged in, or was involved in, sexual activity

(whether
or not the same activity that was encouraged)—that A was present during
that activity.

subsection (1).


occurred.

demand.
Notes

and 49ZA.
49ZC.
S. 49M inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49M
Grooming for sexual conduct with a child under the age of 16

if—
(b) A communicates, by words or conduct (whether or not a response is

made
to the communication), with—
(i) another person (B) who is a child under the age of 16 years;
or
(ii) another person (C) under whose care, supervision or

authority B is;
and
(c) A intends that the communication facilitate B engaging or being

involved in the commission of a sexual offence by A or by another person who is
18 years of age or more.

(3) A does not intend to facilitate B engaging or being involved in the

commission of a sexual offence by A or by another person who is 18 years of
age or more if, were the conduct constituting the sexual offence to occur, A or
the other person would satisfy an exception, or have a defence, to that sexual
offence.

offence against subsection (1) occurred outside Victoria, so long as B or C was,
or B and C were, in Victoria at the time at which that conduct
occurred.
(5) It is immaterial that B or C was, or B and C were, outside Victoria at

the time at which some or all of the conduct constituting an offence against
subsection (1) occurred, so long as A was in Victoria at the time that conduct
occurred.
(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.

"communication" includes an electronic communication within the
meaning of the Electronic Transactions (Victoria)
Act 2000;
"sexual offence" means—
(a) an offence against a provision of Subdivision (8A), this

Subdivision
(other than section 49K(1) or this section), (8C), (8D), (8E), (8F)
or (8FA); or
(b) an attempt to commit an offence covered by paragraph (a); or
(c) an assault with intent to commit an offence referred to in

paragraph (a).
S. 49N inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49N
Loitering near schools etc. by sexual offender

if—
(a) A has been found guilty of a relevant offence; and
(b) A loiters at or near a place; and
(c) the place is—
(i) a school, a children's service centre or an education and

care service
premises; or
(ii) a public place within the meaning of the Summary Offences

Act 1966 regularly frequented by children and in which children
are present at the time of the loitering; and
(d) A knows that the place is—
(i) a school, a children's service centre or an education and

care service
premises; or
(ii) a public place within the meaning of the Summary Offences

Act 1966 regularly frequented by children and in which children are
present at the time of the loitering.


"children's services centre "means a place at which a
children's service within the meaning of the Children's Services Act 1996
operates;
"education and care service premises "means a place at which an

education and care service (other than a family day care service) within the
meaning of the Education and Care Services National Law (Victoria) educates
or cares for children;
"relevant offence" means—
(a) a sexual offence; or
(b) murder where there are reasonable grounds to believe that a sexual
offence was also committed on the victim; or
(c) an offence against—
(i) section 5, 6, 7 or 11 of the Sex Work Act 1994; or
(ii) section 6, 7, 8 or 9 of the Prostitution Regulation

Act 1986; or
(iii) section 59(1)(a) or (b) or 60 inserted in this Act on 1

March
1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and
repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act
1991; or
(iv) section 19 of the Summary Offences Act 1966; or
(v) any of the following provisions as in force at any time

before its
repeal—
(A) section 60A of the Classification of Films and Publications

Act 1990;
(B) section 57A of the Classification (Publications, Films and

Computer Games) (Enforcement) Act 1995;
(C) section 168A, 168B or 168C of the Police Offences

Act 1958; or
(vi) a provision referred to in paragraphs (dam), (dama) or

(dan) of
clause 1 of Schedule 1 to the Sentencing Act 1991 or of
attempting to commit an offence against a provision referred to in
paragraph (dama); or
(vii) section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) or of

attempting to commit an offence against section 51C(1);
(a) an offence against section 38(1), 39(1), 40(1), 41(1), 47(1),

48(1),
49A(1), 49B(1), 49C(1), 49D(1), 49E(1), 49F(1), 49G(1), 49H(1), 49I(1), 49J(1),
49O(1), 50C(1), 50D(1) or 50F(1); or
(b) an offence against a provision referred to in clause 7A, 7B, 8, 9,
10,
11A 11B, 11D(b), 11D(c), 11D(d), 11D(g), 11D(h), 11E, 11F or 12 of Schedule 8;
or
(c) an offence against section 44(1), (2) or (4) (incest) as

inserted in the Crimes Act 1958 on 5 August 1991
by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed
by section 16 of the Crimes Amendment (Sexual Offences) Act 2016;
or
(d) an offence of conspiracy to commit, incitement to commit or

attempting
to commit an offence referred to in paragraph (a), (b)
or (c).
(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
An exception applies to this offence—see section 49ZB.
S. 49O inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49O
Failure by a person in authority to protect a child from a sexual offence

if—
(a) A occupies a position within, or in relation to, a relevant

organisation; and
(b) there is a substantial risk that a relevant child will become the
victim of a sexual offence committed by another person who is—
(i) 18 years of age or more; and
(ii) a person associated with the relevant organisation; and
(c) A knows that the risk exists; and
(d) A, by reason of A's position, has the power or responsibility to

reduce or remove that risk; and
(e) A negligently fails to reduce or remove that risk.

(3) For the purposes of subsection (1), a person negligently fails to

reduce or remove a risk if that failure involves a great falling short of
the standard of care that a reasonable person would exercise in the
circumstances.
(4) For the avoidance of doubt, in a prosecution for an offence against

subsection (1), it is not necessary to prove that a sexual offence has been
committed.
(5) It is immaterial that some or all of the circumstances constituting an

offence against subsection (1) occurred outside Victoria, so long as the
relevant child was in Victoria at any time while the substantial risk referred
to in subsection (1)(b) existed.
(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.
"person associated", in relation to a relevant organisation,

includes but is not limited to a person who is an officer, employee,
manager, owner, volunteer, contractor or agent of the organisation but does not
include a person only because the person receives services from the
organisation;
"relevant child" means a child (whether identifiable or not)

under the age of 16 years who is, or may come, under the care, supervision
or authority of a relevant organisation;
"relevant organisation" means—
(a) an organisation that exercises care, supervision or authority over

children, whether as its primary function or otherwise, and includes but is not
limited to—
(i) a church; and
(ii) a religious body; and
(iii) a school; and
(iv) an education and care service within the meaning of the

Education and
Care Services National Law (Victoria); and
(v) a children's service within the meaning of the Children's

Services
Act 1996; and
(vi) an out of home care service within the meaning of the

Children,
Youth and Families Act 2005; and
(vii) a hospital; and
(viii) a government department; and
(ix) a government agency; and

(x) a municipal council; and
(xi) a public sector body; and
(xii) a sporting group; and
(xiii) a youth organisation; and
(xiv) a charity or benevolent organisation; or
(b) an organisation that, in accordance with an agreement or

arrangement with an organisation referred to in paragraph (a), is required
or permitted to engage in activities associated with the care, supervision or
authority over children exercised by the organisation referred to in paragraph
(a);
(a) an offence against a provision of Subdivision (8A), this

Subdivision
(other than this section), (8C), (8D), (8E), (8F) or (8FA); or
(b) an attempt to commit an offence covered by paragraph (a)

(other than section 49K); or
(c) an assault with intent to commit an offence covered by

paragraph (a).
S. 49P inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49P
Abduction or detention of a child under the age of 16 for a sexual purpose

if—
(a) A—
(i) takes away or detains another person (B); or
(ii) causes B to be taken away or detained by another person;

and
(b) B is a child under the age of 16 years; and
(c) the person who has lawful charge of B (C) does not consent to B
being
taken away or detained; and
(d) A knows that—
(i) B is a child under the age of 16 years; or
(ii) B is probably a child under the age of 16 years; and

(e) A knows that—
(i) C does not consent to B being taken away or detained; or
(ii) C probably does not consent to B being taken away or

detained;
and
(f) A intends B will take part in a sexual act with A or another

person or
both; 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
S. 49Q inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49Q
Causing or allowing a sexual performance involving a child

if—
(a) A intentionally causes or allows another person (B) to take part

in a
sexual performance; and
(b) the sexual performance occurs in circumstances that involve any

person
receiving payment, reward or other benefit (whether before or after the
performance) in respect of the performance; and
(c) B is a child under the age of 18 years.

"sexual performance" means a live performance (whether in

person or by an electronic communication within the meaning of
the Electronic Transactions (Victoria) Act 2000) that
is, or could reasonably be considered to be, for the sexual arousal or sexual
gratification of any person.
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.
S. 49R inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49R
Inviting or offering a sexual performance involving a child

if—
(i) invites another person (B) to take part in a sexual

performance;
or
(ii) offers to a third person that B will take part in a sexual

performance; and
(b) the invitation or offer involves any person receiving payment,

reward
or other benefit (whether before or after the performance) in respect of the
performance; and
(c) B is a child under the age of 18 years.

"sexual performance" means a live performance (whether in

person or by an electronic communication within the meaning of
the Electronic Transactions (Victoria) Act 2000) that is, or
could reasonably be considered to be, for the sexual arousal or sexual
gratification of any person.
Notes
1 A defence applies to this offence—see section 49X.
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
S. 49S inserted by No. 47/2016

s. 16.
CRIMES ACT 1958
- SECT 49S
Facilitating a sexual offence against a child

if—
(a) A engages in conduct that aids, facilitates or contributes in any

way
to another person (B) engaging in sexual conduct (whether or not in Victoria) in
relation to a child; and
(b) A engages in the conduct with the intention of obtaining a benefit

for
A or another person (C); and
(c) A—
(i) intends that the conduct will aid, facilitate or contribute

in any way
to B engaging in sexual conduct in relation to a child; or
(ii) knows that the conduct will, or probably will, aid,

facilitate or
contribute in any way to B engaging in sexual conduct in relation to a child;
and
(d) B's engaging in sexual conduct in relation to a child—
(i) constitutes an offence against section 38(1), 39(1), 40(1),

41(1)
or a provision of this Subdivision (other than this section);
or
(ii) constitutes an offence against a provision of Division 272

of
Chapter 8 of the Criminal Code of the Commonwealth; or
(iii) takes place outside Victoria but would, if the conduct

occurred
in Victoria, constitute an offence against a provision covered by
subparagraph (i) whether or not it constitutes an offence in the place
in which it takes place.

(3) For the purposes of subsection (1), conduct that aids,

facilitates or contributes in any way to another person engaging in sexual
conduct in relation to a child includes—
(a) making travel arrangements; and
(b) causing or allowing a child to enter or remain on premises which A

owns, occupies, manages or assists in managing.
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
S. 49T inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49T
Exception to sexual penetration offences—medical or hygienic purposes
A does not commit an offence against

section 49A(1), 49B(1) or 49C(1) if A's conduct occurs in the course of a
procedure carried out in good faith for medical or hygienic
purposes.
Note

A referred to in sections 49A, 49B and 49C.
S. 49U inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49U
Exceptions to offences against children under 16—similarity in age
(1) A does not commit an offence against

section 49D(1) or 49F(1) if, at the time at which the offence is
alleged to have been committed—
(a) A is not more than 2 years older than B; and
(b) B is 12 years of age or more.
(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—
(a) A is not more than 2 years older than C; and
(b) C is 12 years of age or more.
Note
References to A, B and C in this section are references to the same A, B

and C referred to in sections 49D, 49F and 49H.
S. 49V inserted by No. 47/2016

s. 16.
CRIMES ACT 1958
- SECT 49V
Defence to offence against a child under 16—similarity in age
It is a defence to a charge for an offence

against section 49B(1) if, at the time of the conduct constituting the
offence—
(a) A was not more than 2 years older than B; and
(b) B was 12 years of age or more; and
(c) B consented to the sexual penetration.
Note
References to A and B in this section are references to the same A and

B referred to in section 49B.
S. 49W inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49W
Defences to offences against children under 16—reasonable belief as to age
(1) It is a defence to a charge for an offence

against section 49B(1), 49D(1) or 49F(1) if, at the time of the conduct
constituting the offence—
(a) B was 12 years of age or more; and
(b) A reasonably believed that B was 16 years of age or

more.
(2) It is a defence to a charge for an offence against section 49H(1) if,

at the time of the conduct constituting the offence—
(a) C was 12 years of age or more; and
(b) A reasonably believed that C was 16 years of age or

more.
(3) It is a defence to a charge for an offence against section 49K(1) if,

at the time of the conduct constituting the offence, A reasonably believed
that B was 16 years of age or more.
(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
1 References to A, B and C in this section are references to the same A, B

and C referred to in sections 49B, 49D, 49F, 49H and 49K.
2 Whether or not A reasonably believed that B or C was 16 years of age

or more depends on the circumstances. The circumstances include any steps
that A took to find out B or C's age.
3 An evidential burden applies to the matters referred to in subsections

(1)(a) and (2)(a).
S. 49X inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49X
Defences to offences against children aged 16 or 17 or under 18—reasonable
belief as to age

against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of
the conduct constituting the offence, A reasonably believed that B was 18
years of age or more.
(2) It is a defence to a charge for an offence against section 49I(1) if,

at the time of the conduct constituting the offence, A reasonably believed
that C was 18 years of age or more.
(3) It is a defence to a charge for an offence against section 49Q(1) or

49R(1) if, at the time of the conduct constituting the offence—
(a) B was 12 years of age or more; and
(b) A reasonably believed that B was 18 years of age or

more.
matter referred to in subsection (1), (2) or (3)(b).
Notes

and C referred to in sections 49C, 49E, 49G, 49I, 49L, 49Q and 49R.
2 Whether or not A reasonably believed that B or C was 18 years of age

or more depends on the circumstances. The circumstances include any steps
that A took to find out B or C's age.
3 An evidential burden applies to the matter referred to in subsection

(3)(a).
S. 49Y inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49Y
Exceptions to offences against children aged 16 or 17—marriage or domestic
partnership

section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time at
which the offence is alleged to have been committed—
(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—
(i) is not more than 5 years older than B; and
(ii) is B's domestic partner and the domestic partnership

commenced before
B came under A's care, supervision or authority.
(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—
(i) is not more than 5 years older than C; and
(ii) is C's domestic partner and the domestic partnership

commenced before
C came under A's care, supervision or authority.
Note

and C referred to in sections 49C, 49E, 49G, 49I and 49L.
S. 49Z inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49Z
Defences to offences against children aged 16 or 17—reasonable belief as to
marriage or domestic partnership

against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of the
conduct constituting the offence—
(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
(ii) reasonably believed that A was B's domestic partner and

that the
domestic partnership commenced before B came under A's care, supervision or
authority.

at the time of the conduct constituting the offence—
(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—
(i) was not more than 5 years older than C; and
(ii) reasonably believed that A was C's domestic partner and

that the
domestic partnership commenced before C came under A's care, supervision or
authority.
matter referred to in subsection (1)(a) or (b)(ii) or (2)(a)
or (b)(ii).
Notes

2 An evidential burden applies to the matters referred to in subsections

(1)(b)(i) and (2)(b)(i).
S. 49ZA inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49ZA
Defences to offences against children aged 16 or 17—reasonable belief as to
care, supervision or authority

against section 49C(1), 49E(1), 49G(1) or 49L(1) if, at the time of
the conduct constituting the offence, A reasonably believed that B was not
under A's care, supervision or authority.

at the time of the conduct constituting the offence, A reasonably believed that
C was not under A's care, supervision or authority.
matter referred to in subsection (1) or (2).
Note

S. 49ZB inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49ZB
Exception to loitering offence

section 49N(1) if A has a reasonable excuse for loitering at or near a
place referred to in section 49N(1)(c).
Note

A referred to in section 49N.
S. 49ZC inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 49ZC
No defence of mistaken but honest and reasonable belief of certain matters

time of the conduct constituting the offence, A was under a mistaken but honest
and reasonable belief that—
(a) for an offence against section 49A(1)—B was 12 years of age

or more; or
(b) for an offence against section 49D(1) or 49E(1)—the

touching was not—
(i) sexual; or
(ii) contrary to community standards of acceptable conduct; or
(c) for an offence against section 49F(1) or 49G(1)—
(i) the activity was not sexual; or

(ii) engaging in the activity in the presence of B was not
contrary to
community standards of acceptable conduct; or
(d) for an offence against section 49H(1) or 49I(1)—
(ii) A's causing or allowing C to be present when B engages in

the
activity was not contrary to community standards of acceptable conduct;
or
(e) for an offence against section 49K(1) or 49L(1)—the

activity was not sexual; or
(f) for an offence against section 49Q(1)—the sexual

performance did not occur in circumstances that involved payment, reward or
other benefit to any person in respect of the performance; or
(g) for an offence against section 49R(1)—the invitation or

offer did not involve payment, reward or other benefit to any person in respect
of the performance; or
(h) for an offence against section 49S(1)—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.
Note

and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q,
49R and 49S.
Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52,

53) inserted by No. 9509 s. 5,
amended[2], substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 50A–50K)
by No. 47/2016
s. 16.
(8C)
Incest

s. 16.
CRIMES ACT 1958
- SECT 50A
Definitions
In this Subdivision—
"child", in relation to a person, means—
(a) the person's child by birth; or
(b) the person's genetic child; or
(c) the person's child by operation of the Adoption Act 1984;

or
(d) the person's child by operation of the Status of Children Act

1974;
"half-sibling", in relation to a person, means a person who

shares a common parent with the person;
"lineal ancestor", in relation to a person, means a lineal

ancestor of the person's parent;
"lineal descendant", in relation to a person, means a lineal

descendant of the person's child;
"parent", in relation to a person, means—
(a) the person's birth parent; or
(b) the person's genetic parent; or
(c) the person's parent by operation of the Adoption Act 1984;

or
(d) the person's parent by operation of the Status of Children Act

1974;
"sibling", in relation to a person, means a person who has the

same parents as the person;
"step-parent", in relation to a person, means the spouse or

domestic partner of the person's parent, being a person who is not the person's
parent.

s. 16.
CRIMES ACT 1958

- SECT 50B
Rebuttable presumption as to family relationship
In a proceeding for an offence against a

provision of this Subdivision, there is a rebuttable presumption
that—
(a) A knows that A is related to B in the way alleged; and
(b) people who are reputed to be related to each other in a particular

way
are in fact related in that way.

s. 16.
CRIMES ACT 1958

- SECT 50C
Sexual penetration of a child or lineal descendant

if—
(ii) causes or allows B to sexually penetrate A; and
(b) B is A's child or lineal descendant; and
(c) A knows that B is A's child or lineal descendant.

S. 50C(3) inserted by No. 34/2017

s. 33(1).

years if B is, at the time of the offence, under the age of 18
years.
Notes
1 An exception applies to this offence—see section 50G.
2 A defence applies to this offence—see section 50H.
3 B's consent is not a defence to this offence—see section

50K.
Note 4 to s. 50C inserted by No.


standard sentences.
Note 5 to s. 50C inserted by
No. 34/2017 s. 33(2).

Sentencing Act 1991 if B is, at the time of the offence, under
the age of 18 years. See section 5(2G) of that Act for the requirement
to impose a custodial order for this offence.

s. 16.
CRIMES ACT 1958

- SECT 50D
Sexual penetration of a step-child

if—
(b) B is a child or lineal descendant of A's spouse or domestic

partner;
and
(c) A knows that B is a child or lineal descendant of A's spouse or

domestic partner.

S. 50D(3) inserted by No. 34/2017

s. 34(1).

years if B is, at the time of the offence, under the age of 18
years.
Notes
1 Exceptions apply to this offence—see sections 50G

and 50I.

50K.
Note 4 to s. 50D inserted by No.


standard sentences.
Note 5 to s. 50D inserted by
No. 34/2017 s. 34(2).

Sentencing Act 1991 if B is, at the time of the offence, under
the age of 18 years. See section 5(2G) of that Act for the requirement
to impose a custodial order for this offence.

s. 16.
CRIMES ACT 1958

- SECT 50E
Sexual penetration of a parent, lineal ancestor or step-parent

if—
(b) A is 18 years of age or more; and
(c) B is A's parent, lineal ancestor or step‑parent; and
(d) A knows that B is A's parent, lineal ancestor or

step-parent.

Notes
1 Exceptions apply to this offence—see sections 50G

and 50J.

50K.

s. 16.
CRIMES ACT 1958

- SECT 50F
Sexual penetration of a sibling or half‑sibling

if—
(b) B is A's sibling or half-sibling; and
(c) A knows that B is A's sibling or half‑sibling.

Notes

50K.

s. 16.
CRIMES ACT 1958

- SECT 50G
Exception—medical or hygienic purposes

of this Subdivision if A's conduct occurs in the course of a procedure carried
out in good faith for medical or hygienic purposes.
Note


s. 16.
CRIMES ACT 1958

- SECT 50H
Defence—accused did not consent

against a provision of this Subdivision if A did not consent to the conduct
constituting the offence.
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.
2 A person may intentionally engage in conduct but not consent to

it—see section 36(2). For example, B threatens to hurt A if A does not
allow B to sexually penetrate A. A intentionally allows B to sexually penetrate
A because A is afraid of harm. A did not consent to the conduct constituting the
offence.

s. 16.
CRIMES ACT 1958

- SECT 50I
Exception to offences against section 50D

section 50D(1) if, at the time at which the offence is alleged to have
been committed—
(a) B is 18 years of age or more; and
(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 referred to in section 50D.

s. 16.
CRIMES ACT 1958

- SECT 50J
Exceptions to offences against section 50E

section 50E(1) if, at the time at which the offence is alleged to have
been committed—
(a) B is A's step-parent; and
(b) A has not at any time been under B's care, supervision or
authority.
(2) A does not commit an offence against section 50E(1) if B engaged

in sexual activity with A when A was under 18 years of age.
Note

B referred to in section 50E.
s. 16.
CRIMES ACT 1958

- SECT 50K
Consent not a defence
It is not a defence to a charge for an offence

against a provision of this Subdivision that B consented to the conduct
constituting the offence.
Note
The reference to B in this section is a reference to the same

B referred to in the offence provisions in this Subdivision.
Pt 1 Div. 1 Subdiv. (8D) (Heading and ss

54–57) inserted by No. 9509 s. 5, substituted as Pt 1 Div. 1 Subdiv.
(8D) (Heading and ss 50–52) by No. 8/1991 s. 3, amended by
Nos 49/1991 s. 119(3) (Sch. 3 items 8, 9), 98/1995
s. 65(Sch. 1 item 3), 48/1997 s. 60(1)(Sch. 1 items 28, 29), 2/2006 ss
14–17, 23/2006 s. 236(1)(2), 49/2010 ss 227, 228, 26/2014
s. 455(Sch. item 7.1), substituted as Pt 1 Div. 1 Subdiv. (8D)
(Heading and ss 51A–51Y) by No. 47/2016 s.16.
(8D) Child abuse

material
s. 16.
CRIMES ACT 1958

- SECT 51A
Definitions
(1) In this Subdivision—
"administer", in relation to a website, includes building,

developing and maintaining the website but does not include hosting the website;
"authorised classifier "means a person, or a person who belongs

to a class of person, prescribed by the regulations for the purposes of this
definition;
"child" means a person under the age of

18 years;
"child abuse material" means material that—
(a) depicts or describes—
(i) a person who is, or who appears or is implied to be,

a child—
(A) as a victim of torture, cruelty or physical abuse (whether or not the

torture, cruelty or abuse is sexual); or
(B) as a victim of sexual abuse; or
(C) engaged in, or apparently engaging in, a sexual pose or sexual

activity (whether or not in the presence of another person); or
(D) in the presence of another person who is engaged in,

or apparently engaged in, a sexual pose or sexual activity;
or
(ii) the genital or anal region of a person who is, or who

appears or is
implied to be, a child; or
(iii) the breast area of a person who is, or who appears or is

implied to
be, a female child; and
(b) reasonable persons would regard as being, in the circumstances,

offensive;
"child abuse material disposal order" means an order made under

section 51X(1);
"child abuse material offence "means an offence against a
provision of this Subdivision;
"classified" means classified under the Commonwealth

Act;
"Commonwealth Act" means the Classification (Publications,

Films and Computer Games) Act 1995 of the Commonwealth;
"deal", in relation to child abuse material, includes any of

the following—
(a) viewing, uploading or downloading child abuse material;
(b) making child abuse material available for viewing, uploading or

downloading;
(c) facilitating the viewing, uploading or downloading of child abuse

material;
"electronic material" includes data from which text,

images or sound may be generated;

demand;
"law enforcement agency" means—
(a) Victoria Police or the police force or police service of any other
State or of the Northern Territory of Australia; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission established by the Australian

Crime
Commission Act 2002 of the Commonwealth; or
(d) any other authority or person responsible for the enforcement

of the laws of—
(i) Victoria or any other State; or
(ii) the Commonwealth; or
(iii) the Australian Capital Territory; or
(iv) the Northern Territory of Australia;
"material" means—
(a) any film, audio, photograph, printed matter, image, computer game
or
text; or
(b) any electronic material; or
(c) any other thing of any kind;

Note
See also subsection (2).
"police officer "includes a member of the Australian Federal

Police;
"relevant industry regulatory authority "means a person or body

prescribed to be a relevant industry regulatory authority for the purposes of
section 51S(2)(d);
"seized thing "means a thing that came into the possession of a

police officer in the course of the exercise of functions as a police
officer;
"website "includes a page, or a group of pages, on the

Internet.
(2) For the purposes of this Subdivision—
(a) an image may be still, moving, recorded or unrecorded; and
(b) the ways in which material is distributed may include—
(i) publishing, exhibiting, communicating, sending, supplying or

transmitting the material to any other person; or
(ii) making the material available for access by any other

person.

s. 16.
CRIMES ACT 1958

- SECT 51B
Involving a child in the production of child abuse material

if—
(a) A intentionally involves another person (B) in the production of

material; and
(b) B is a child; and
(c) A knows that B is, or probably is, a child; and
(d) the material is child abuse material; and
(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
(b) causing or allowing B to be involved in the production of the

material; or
(c) using B in the production of the material.
Notes
1 B need not be described or depicted in the material.
2 Exceptions apply to this offence—see sections 51J, 51K

and 51M.
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.

s. 16.
CRIMES ACT 1958

- SECT 51C
Producing child abuse material

if—
(a) A intentionally produces material; and
(b) the material is child abuse material; and
(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—
(a) filming, printing, photographing, recording, writing, drawing or

otherwise generating material; or
(b) altering or manipulating material; or
(c) reproducing or copying material.
Notes

and 51M.
and 51R.

s. 16.
CRIMES ACT 1958

- SECT 51D
Distributing child abuse material

if—
(a) A intentionally distributes material; and
material.

(a) the identity of any person to whom the material was distributed;
or
(b) that another person in fact accessed the material.
(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.
(5) It is immaterial that A was outside Victoria at some or all of time at

which the material was distributed, so long as some or all of the material was
distributed in Victoria.
Notes
1 Section 51A(2)(b) provides for the ways in which material may be

distributed.

and 51M.
3 Defences apply to this offence—see sections 51L, 51P, 51Q and

51R.

s. 16.
CRIMES ACT 1958
- SECT 51E
Administering a website used to deal with child abuse material

if—
(a) A administers, or assists in the administration of, a website;

and
(b) the website is used by another person to deal with child

abuse material; and
(c) A—
(i) intends that the website be used by another person to deal

with child
abuse material; or
(ii) is aware that the website is being used by another person

to deal
with child abuse material.
Examples
1 A manages membership of a website. A intends that the website be used by

other persons to view child abuse material.
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.

offence against subsection (1) occurred outside Victoria or that a computer or
device used in connection with administering the website was outside Victoria,
so long as—
(a) the person using the website to deal with child 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
(b) a computer or device used in connection with administering the

website
was in Victoria.
Notes

and 51S.
2 Defences apply to this offence—see section 51L.

s. 16.
CRIMES ACT 1958

- SECT 51F
Encouraging use of a website to deal with child abuse material

if—
(b) A encourages another person to use a website; and
(c) A intends that the other person use the website to deal with child
abuse material.

(3) In determining whether A has encouraged another person to use a

website to deal with child abuse material, it is not necessary to
prove—
(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.
subsection (1).

offence against subsection (1) occurred outside Victoria, so long as the person
being encouraged was in Victoria at the time at which that conduct
occurred.
(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
1 If an adult uses a child as an innocent agent to encourage another person

to use a website, intending that the other person use the website to deal with
child abuse material, the adult commits an offence against subsection
(1).
2 Exceptions apply to this offence—see sections 51J

and 51K.
3 A defence applies to this offence—see section 51L.

s. 16.
CRIMES ACT 1958

- SECT 51G
Possession of child abuse material
(1) A person (A) commits an offence if A

knowingly possesses child abuse material.

(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.
(4) It is immaterial that the electronic material was outside Victoria, so

long as A was in Victoria at the time at which some or all of the conduct
constituting an offence against subsection (1) occurred.
(5) It is immaterial that A was outside Victoria at the time at which

occurred, so long as the electronic material was in Victoria.
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.
2 In an online chat A is given a password for a joint email account that is

shared with multiple users that A doesn't know. A logs into the email account
and views emails that contain child abuse material images. While logged in A has
the ability to view, move or delete emails that contain child abuse material. A
continues to access the email account to view images. A knowingly has possession
of child abuse material.
Notes

and 51M.
2 Defences apply to this offence—see sections 51L, 51N, 51O, 51P,

51Q, 51R and 51T.

s. 16.
CRIMES ACT 1958

- SECT 51H
Accessing child abuse material

if—
(a) A intentionally accesses material; and
material.

(3) For the purposes of subsection (1), the ways in which A accesses
material may include—
(a) viewing material; or
(b) displaying material by an electronic medium or any other output of

the
material by an electronic medium.
Notes
and 51M.
and 51R.

s. 16.
CRIMES ACT 1958

- SECT 51I
Assisting a person to avoid apprehension

if—
(a) A intentionally provides information to another person (B);

and
(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
1 A provides information to B about how to use a website to deal with child

abuse material anonymously or how to encrypt electronic material containing
child abuse material.
2 A provides information to B about how to delete electronic material that

records information about B's identity.

(a) the identity of the person to whom the information was provided;
or
(b) that the information was actually used by the other person.

offence against subsection (1) occurred outside Victoria, so long as the other
person was in Victoria at the time at which that conduct occurred.
(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

s. 16.
CRIMES ACT 1958

- SECT 51J
Exception—administration of the law
A does not commit a child abuse material offence

(other than an offence against section 51I(1)) if the conduct is engaged in by A
in good faith in the course of official duties of A—
(a) connected with the administration of the criminal justice system,

including the investigation or prosecution of offences; or
(b) as an employee of the Department of Justice and Regulation who is

authorised to engage in that conduct by the Secretary to that
Department.
Note

A referred to in the child abuse material offence provisions.

s. 16.
CRIMES ACT 1958

- SECT 51K
Exception—classification
A does not commit a child abuse material offence

(other than an offence against section 51I(1)) in respect of material that, at
the time at which the offence is alleged to have been committed, was classified
other than RC or would, if classified, have been classified other than
RC.
Notes

2 Under the Classification (Publications, Films and Computer Games) Act
1995 of the Commonwealth, a classification of RC means Refused
Classification.

s. 16.
CRIMES ACT 1958

- SECT 51L
Defence of artistic merit or public benefit
(1) It is a defence to a charge for a child

abuse material offence (other than an offence against section 51I(1))
if—
(a) the material—
(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
(ii) possesses artistic merit; or
(b) the material is of public benefit.
(2) For the purposes of subsection (1)(b), material that is of public

benefit includes material that is for a genuine medical, legal, scientific or
educational purpose.
Examples
1 A is a university lecturer in psychology. During a lecture on abnormal

psychology, A shows a lecture slide with examples of textual child abuse
material to illustrate the type of material associated with an abnormal
psychological profile. The lecture slide is of public benefit.
2 A is a photojournalist in a war zone. A takes a photo of a child

victim of torture and submits it to a news organisation for publication. The
photo is of public benefit.
matter referred to in subsection (1)(a)(ii) or (b).
Notes

2 An evidential burden applies to the matter referred to in subsection

(1)(a)(i).
S. 51M inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51M
Exceptions applying to children
section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if—
(a) A is a child; and
(b) the child abuse material is an image; and
(c) the image depicts A alone.
Example
A is 15 years old and takes a photograph of themselves. A stores the

photograph on their mobile phone. The offences in 51B(1), 51C(1), 51D(1), 51G(1)
or 51H(1) do not apply to A in respect of the image.
Note
Section 51O may apply if A is an adult.
(2) A does not commit an offence against section 51B(1), 51C(1), 51D(1),
51G(1) or 51H(1) if—
(c) A is the victim of a criminal offence punishable by imprisonment

and
the image depicts that offence.
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.
(3) In subsections (1) and (2), a reference to an image, in relation to an

offence against section 51B(1), is a reference to the image that A involves the
child in producing.
Note
References to A in this section are references to the same A referred

to in sections 51B, 51C, 51D, 51G and 51H.
S. 51N inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51N
Defence applying to children

against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if—

(c) the image depicts one or more persons (whether or not it depicts
A);
and
(d) the image—
(i) does not depict an act that is a criminal offence punishable

by
imprisonment; or
(ii) depicts an act that is a criminal offence punishable by

imprisonment but A reasonably believes that it does not; and
(e) at the time of the conduct constituting the offence—
(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
1 The image depicts A taking part in an act of sexual penetration with

another child who is not more than 2 years younger. Both are
consenting to the act. A is not guilty of an offence against section 51B(1),
51C(1), 51D(1), 51G(1) or 51H(1) in respect of the image.
2 The image depicts a child being sexually penetrated. A is a child

and A reasonably believes that the image depicts a consensual sexual
relationship between two 16 year olds and is therefore not a criminal
offence. A also reasonably believes that A is not more than 2 years
older than the youngest child depicted in the image. A is not guilty of an
offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1)
in respect of the image.
(2) In subsection (1), a reference to an image, in relation to an offence

against section 51B(1), is a reference to the image that A involves
the child in producing.
(3) A bears the burden of proving (on the balance of probabilities)

the matters referred to in subsection (1)(d)(ii) and (e)(ii).
Notes
1 References to A in this section are references to the same

A referred to in sections 51B, 51C, 51D, 51G and 51H.
2 An evidential burden applies to the matters referred to in subsection

(1)(a), (b), (c), (d)(i) and (e)(i).
S. 51O inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51O
Defence—image of oneself

against section 51B(1), 51C(1), 51G(1) or 51H(1) if—
(a) the child abuse material is an image; and
(b) the image depicts A as a child; and
(c) the image does not depict A committing a criminal offence

punishable
by imprisonment; and
(d) A does not distribute the image to any other person.
(2) In subsection (1) a reference to an image, in relation to an offence

against section 51B(1), is a reference to the image that A involves
the child in producing.
(3) A bears the burden of proving (on the

balance of probabilities) the matter referred
to in subsection (1)(b).
Notes
1 References to A in this section are references to the same

A referred to in sections 51B, 51C, 51G and 51H.

(1)(a), (c) and (d).
3 Sections 51M(1) or (2) or 51N may apply if A is a child.
S. 51P inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51P
Defence—accused not more than 2 years older than 16 or 17 year old child and
acts with child's consent

(b) at the time at which the image was first made, the child (B) whose
depiction in the image makes it child abuse material—
(i) was aged 16 or 17 years; and

(ii) was not, or had not been, under A's care, supervision or
authority;
and
(c) the image does not depict an act that is a criminal offence
punishable
by imprisonment; and
S. 51P(1)(d) amended by No. 5/2018

s. 5.
(d) A does not distribute the image to any person other than B;
and
(e) A is not more than 2 years older than B; and
(f) at the time of the conduct constituting the offence, A reasonably

believed that B consented to that conduct.

against section 51B(1), is a reference to the image that A involves B in
producing.
(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.
matters referred to in subsection (1)(e) and (f).
Notes
1 References to A and B in this section are references to the same A and B

referred to in sections 51B, 51C, 51D, 51G and 51H.

(1)(a), (b), (c) and (d).
S. 51Q inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51Q
Defence—marriage or domestic partnership

(b) the image is child abuse material because of its depiction of

another
person (B); and
(c) the image does not depict a criminal offence punishable by
imprisonment; and
and
(e) at the time at which the image was first made—
(i) B was 16 or 17 years of age; 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
(f) at the time of the conduct constituting the offence—
(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
(ii) A reasonably believed that B consented to the conduct

constituting
the offence.

against section 51B(1), is a reference to the image that A involves the child in
producing.
(3) For the purposes of subsection (1)(e), the reference to the time at
(4) A bears the burden of proving (on the balance of probabilities)

the matter referred to in subsection (1)(f)(ii).
Notes


(1)(a), (b), (c), (d), (e) and (f)(i).
3 See section 36 for the meaning of consent.
S. 51R inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51R
Defence—reasonable belief in marriage or domestic partnership

(b) the image is child abuse material because of its depiction of

another
person (B); and
(c) the image does not depict a criminal offence punishable by

imprisonment; and
and
(e) at the time at which the image was first made, A reasonably
believed
that—
(i) B was 16 or 17 years of age; and
(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
(f) at the time of the conduct constituting the offence, A reasonably

believed that—
(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
(ii) B consented to that conduct.

against section 51B(1), is a reference to the image that A involves the child in
producing.
(3) For the purposes of subsection (1)(e), the reference to the time at
matter referred to in subsection (1)(e) and (f).
Notes


(1)(a), (b), (c) and (d).
3 See section 36 for the meaning of consent.
S. 51S inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51S
Defence—reasonable steps to prevent use of a website for child abuse material

against section 51E(1) if A, on becoming aware that the website is being
used, or has been used, by another person to deal with child abuse material,
takes all reasonable steps in the circumstances to prevent any person from being
able to use the website to deal with child abuse material.
(2) In determining whether A has taken all reasonable steps in the

circumstances for the purposes of subsection (1), regard must be had to whether
A did any of the following as soon as it was practicable to do
so—
(a) shut the website down;
(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;
(d) notified a relevant industry regulatory authority 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 that authority as to what to do in relation
to that use of the website.
Note

A referred to in section 51E.
S. 51T inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51T
Defence—unsolicited possession

against section 51G(1) for A to prove on the balance of probabilities
that—
(a) A did not intentionally come into possession of child abuse

material;
and
(b) on becoming aware of having come into possession of child abuse

material, A, as soon as it was practicable to do so, took all reasonable steps
in the circumstances to cease possessing the material.
Note

A referred to in section 51G.
S. 51U inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51U
No defence of mistaken but honest and reasonable belief that child abuse material
not offensive
It is not a defence to a charge for a child

abuse material offence that, at the time of the conduct constituting the
offence, A was under a mistaken but honest and reasonable belief that reasonable
persons would not regard the child abuse material as being, in the
circumstances, offensive.
Note

S. 51V inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51V
Use of random sample evidence in child abuse material cases
(1) An authorised classifier, in connection

with any proceeding for a child abuse material offence, may conduct an
examination of a random sample of seized material.
(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.
(3) Accordingly, it is open to a court to find that any type of child

abuse material found by an authorised classifier to be present in a
particular proportion in the random sample is present in the same proportion in
the material from which the random sample was taken.
(4) A certificate of an authorised classifier that certifies the following

is admissible in proceedings for a child abuse material offence as evidence of
the matters certified—
(a) that the authorised classifier conducted an examination of a

random
sample of seized material;
(b) the findings of the authorised classifier as to the nature and

content
of the random sample.
(5) A certificate signed by a person purporting to be an authorised

classifier is, in the absence of evidence to the contrary, taken to be a
certificate of an authorised classifier.
(6) Evidence is admissible under this section only if the court is

satisfied that an Australian legal practitioner representing the accused, or the
accused, has been given a reasonable opportunity to inspect the seized
material.
(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—
(a) the circumstances or classes of case in which the prosecutor may

adduce evidence of the findings of an authorised classifier under this section;
and
(b) the procedure for taking and examining random samples of material;
and
(c) any further requirements as to the content of a certificate of an

authorised classifier.
"seized material", in relation to a proceeding for a child

abuse material offence, means material—
(a) that came into the possession of a police officer in the course of
the
exercise of functions as a police officer; and
(b) some of which is alleged to be child abuse material that is the

subject of the proceeding.
Note
Section 177 of the Evidence Act 2008 provides for the adducing of
expert evidence by the tendering of a certificate.
S. 51W inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51W
Application for child abuse material disposal order
(1) The Director of Public Prosecutions or a

police officer may apply to a court for a child abuse material disposal order in
respect of a seized thing, or of electronic material contained in a seized
thing, that—
(a) was the subject of a criminal proceeding for a child abuse

material
offence in relation to which—
(i) the charge was discontinued, withdrawn or permanently

stayed;
or
(ii) the person charged was acquitted or found not guilty

(including
because of mental impairment) of the charge; or
(iii) the charge was dismissed; or
(iv) the person charged was released on an undertaking under

section 75 of the Sentencing Act 1991; or
(b) was not the subject of a criminal proceeding.
Note
Sections 77 and 78 of the Confiscation Act 1997 apply to the

disposal of child abuse material where a person is convicted of an offence
set out in Schedule 1 to that Act.
(2) The court to which an application under subsection (1) is to be made

is—
(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
(b) the Magistrates' Court.
(3) The applicant must give written notice of an application under

subsection (1) to every person whom the applicant has reason to believe has an
interest in the seized thing or in the electronic material contained in the
seized thing.
(4) A notice under subsection (3) must be given by ordinary service at
least 14 days before the return date.
(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—
(a) any person notified under subsection (3) or (6);
(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.
(9) In this section, ordinary service and return

date have the same meanings as in the Criminal Procedure Act
2009.
S. 51X inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51X
Child abuse material disposal order
(1) On an application under section 51W, the

court may order that the seized thing, or the electronic material contained in
the seized thing, to which the application relates be—
(a) forfeited to the State; and
(b) destroyed or disposed of in a manner determined by the court and

specified in the 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—
(a) if satisfied, on the balance of probabilities, that—
(i) the seized thing is, or the electronic material contained in

the
seized thing includes, child abuse material; and
(ii) the return to a person of the seized thing, or of the

electronic
material contained in the seized thing, may result in the commission of a child
abuse material offence; or
(b) if satisfied, on the balance of probabilities, that—
(i) the seized thing contains encrypted or password protected

electronic
material; and
(ii) there are reasonable grounds to believe that the electronic

material
includes child abuse material.
(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.
(5) An appeal is to be made by a person in the same manner as if the

person had been convicted, by the court that made the order, of a child
abuse material offence and the order were, or were part of, the sentence imposed
in respect of that offence.
(6) On appeal—
(a) the child abuse material disposal order may be confirmed,

discharged
or varied; or
(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.
"appeal period" means the period permitted under the

Criminal Procedure Act 2009 for commencing an appeal of a kind
mentioned in subsection (5) or, if such an appeal is commenced within that
period, the determination of the appeal.
S. 51Y inserted by No. 47/2016

s. 16.
CRIMES ACT 1958

- SECT 51Y
Disposal of thing or material by consent
Nothing in section 51W or 51X prevents the

destruction or disposal of a seized thing that is, or of electronic
material contained in a seized thing that includes, child abuse material with
the consent of all persons who have an interest in the thing or
material.
Pt 1 Div. 1 Subdiv. (8E) (Heading and

s. 58) inserted by No. 9509 s. 5, substituted as Pt 1 Div. 1
Subdiv. (8E) (Heading and ss 53–60) by No. 8/1991 s. 3,
amended by Nos 49/1991 s. 119(3)(Sch. 3 items 9–14),
41/1993 s. 21, 48/1997 s. 60(1)(Sch. 1 items 30–37), 69/1997
s. 22(2)(3), 2/2006 ss 18, 19, 8/2008 s. 22(1), 1/2009 s. 3, 37/2014
s. 10(Sch. item 36.4), 74/2014 s. 7(4), substituted as Part 1 Div. 1
Subdiv. (8E) (Heading and ss 52A‒52K) by No. 47/2016
s. 16.
(8E) Sexual offences

against persons with a cognitive impairment or mental illness
s. 16.
CRIMES ACT 1958

- SECT 52A
Definitions
"cognitive impairment" includes impairment because of

intellectual disability, dementia, neurological disorder or brain
injury;
intellectual disability has the same meaning as in the

Disability Act 2006;
"mental illness" has the same meaning as in the Mental

Health Act 2014;
S. 52A def. of residential service

amended by No. 19/2019 s. 257(1).
"residential service" includes—
(a) a residential service within the meaning of the Disability

Act 2006; and
(b) a supported residential service within the meaning of the

Supported Residential Services (Private Proprietors) Act 2010;
and
(ba) an SDA enrolled dwelling within the meaning of the Residential

Tenancies Act 1997; and
(c) residential care within the meaning of the Aged Care

Act 1997 of the Commonwealth;
S. 52A def. of service provider

amended by No. 19/2019 s. 257(2).
"service provider" includes—
(a) a disability service provider within the meaning of the Disability

Act 2006; and
(ab) a registered NDIS provider within the meaning of the National

Disability Insurance Scheme Act 2013 of the Commonwealth; and
(b) a residential service; and
(c) a designated mental health service within the meaning of the

Mental
Health Act 2014; and
(d) a person who, or a body that, delivers treatment or support

services
to persons with a cognitive impairment or mental illness;
"treatment or support services" means any of the following

delivered in a professional capacity—
(a) mental health treatment;
(b) medical treatment;
(c) therapeutic services;
(d) personal care or support services;
Example
A worker supporting a person with a cognitive impairment to undertake tasks

such as bathing and dressing.
"worker" means a person—
(a) who delivers, assists in delivering, or who manages the delivery

of,
services to persons with a cognitive impairment or mental illness; and
Example
A cook at a supported residential service.
(b) who does so for or on behalf of a service provider (whether paid

or
unpaid); and
Example
A volunteer bus driver for a mental health service.
(c) who is not a person with a cognitive impairment or mental illness

who
receives treatment or support services from that service provider.
s. 16.
CRIMES ACT 1958

- SECT 52B
Sexual penetration of a person with a cognitive impairment or mental illness

if—
(iii) causes B—
(B) to sexually penetrate another person (C) or an animal; or
(C) to be sexually penetrated by C or by an animal; and
(b) B has a cognitive impairment or mental illness; and
(c) A—
(i) provides treatment or support services to B; or
(ii) is a worker for a service provider that provides treatment

or support
services to B.

Notes
1 Exceptions apply to this offence—see sections 52F

and 52G.
2 Defences apply to this offence—see sections 52H, 52I

and 52J.
3 A mistaken but honest and reasonable belief of certain matters is

not a defence against this offence—see section 52K.

s. 16.
CRIMES ACT 1958

- SECT 52C
Sexual assault of a person with a cognitive impairment or mental illness

if—
(iii) causes B—
(B) to touch, or to continue to touch, another person (C) or an animal;

or
(C) to be touched, or to continue to be touched, by C or by an

animal; and
(b) B has a cognitive impairment or mental illness; and
(c) A—

or support
services to B; and
(d) the touching is—
(i) sexual; and



gratification
from the touching;
Notes

and 52J.


s. 16.
CRIMES ACT 1958

- SECT 52D
Sexual activity in the presence of a person with a cognitive impairment or mental
illness

if—

and
activity; and
(e) B has a cognitive impairment or mental illness; and
(f) A—

or support
services to B; and
(g) engaging in the activity in the presence of B is contrary to

community standards of acceptable conduct.


contrary to community standards of acceptable conduct depends on
the circumstances.

gratification from
Notes

and 52J.


s. 16.
CRIMES ACT 1958

- SECT 52E
Causing a person with a cognitive impairment or mental illness to be present during
sexual activity

if—

and

the
activity; and
(e) C has a cognitive impairment or mental illness; and
(f) A—
(i) provides treatment or support services to C; or

or support
services to C; and
(g) A's causing or allowing C to be present when B engages in the

activity is contrary to community standards of acceptable conduct.


the circumstances.

gratification
from B engaging in the activity or from the presence of C;
Notes

and 52J.

s. 16.
CRIMES ACT 1958

- SECT 52F
Exceptions to sexual penetration offence—medical, hygienic, veterinary,
agricultural or scientific purposes

section 52B(1) if—
(a) the sexual penetration is of a person and is done in the course

of a procedure carried out in good faith for medical or hygienic purposes;
or
(b) the sexual penetration is of an animal and is caused by A to be

done
in the course of a procedure being carried out in good faith for veterinary or
agricultural purposes or scientific research purposes.
Example
A is a support worker assisting B on a farm. B assists in birthing

a calf. During this process, A causes B to insert B's hand into
the cow's vagina. A has not committed an offence against
section 52B(1).
Note

A referred to in section 52B.

s. 16.
CRIMES ACT 1958

- SECT 52G
Exception—marriage or domestic partnership

of this Subdivision if, at the time at which the offence is alleged to have been
committed—
(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
(b) A is the domestic partner of the person who has a cognitive

impairment
or mental illness.
Note


s. 16.
CRIMES ACT 1958

- SECT 52H
Defence—reasonable belief in marriage or domestic partnership

against a provision of this Subdivision for A to prove on the balance of
probabilities that, at the time of the conduct constituting the offence, A
reasonably believed that—
(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


s. 16.
CRIMES ACT 1958

- SECT 52I
Defence—reasonable belief a person does not have a cognitive impairment or
mental illness

against a provision of this Subdivision for A to prove on the balance of
probabilities that, at the time of the conduct constituting the offence, A
reasonably believed that the person who has a cognitive impairment or mental
illness did not have a cognitive impairment or mental illness.
Note


s. 16.
CRIMES ACT 1958

- SECT 52J
Defence—reasonable belief the service provider does not provide treatment or
support services to the person with a cognitive impairment or mental illness
If A is a worker for a service provider, it is a
defence to a charge for an offence against a provision of this Subdivision for A
to prove on the balance of probabilities that, at the time of the conduct
constituting the offence, A reasonably believed that the service provider was
not providing treatment or support services to the person who has a cognitive
impairment or mental illness.
Notes

2 The prosecution is required to prove that A is a worker for a service

provider—see sections 52B, 52C, 52D and 52E.

s. 16.
CRIMES ACT 1958

- SECT 52K
No defence of mistaken but honest and reasonable belief of certain matters
(1) It is not a defence to a charge that, at

the time of the conduct constituting the offence, A was under a mistaken but
honest and reasonable belief that—
(a) for an offence against section 52B(1), 52C(1) or 52D(1)—A

did
not provide treatment or support services to B or was not a worker for a service
provider; or
(b) for an offence against section 52E(1)—A did not provide

treatment or support services to C or was not a worker for a service
provider.
(2) It is not a defence to a charge that, at the time of the conduct

constituting the offence, A was under a mistaken but honest and reasonable
belief that—
(a) for an offence against section 52C(1)—the touching was

not—
(i) sexual; or
(ii) contrary to community standards of acceptable conduct; or
(b) for an offence against section 52D(1)—

(ii) engaging in the activity in the presence of B was not
contrary to
community standards of acceptable conduct; or
(c) for an offence against section 52E(1)—
(ii) A's causing or allowing C to be present when B engages in

the
activity was not contrary to community standards of acceptable
conduct.
Note
References to A, B and C in this section are references to the same A,

B and C referred to in sections 52B, 52C, 52D and 52E.
Pt 1 Div. 1 Subdiv. (8EAA) (Heading and ss

60AB–60AE) inserted by No. 20/2004 s. 3, repealed by No. 47/2016
s. 16.
* * * * *
Pt 1 Div. 1 Subdiv. (8EA) (Heading and

s. 60B) inserted by No. 129/1993 s. 10, amended by Nos 90/1995
s. 86, 22/1996 s. 7, 48/1997 s. 60(1)(Sch. 1 item 38),
69/1997 s. 22(4), 65/1998 s. 3, 67/2000 s. 7(1)(2), 56/2005
s. 7, 63/2010 s. 81(Sch. item 4), 80/2011 s. 79(Sch. item 3),
* * * * *
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. 16.
CRIMES ACT 1958

- SECT 53A
Definitions
"commercial sexual services" means services for commercial

benefit involving the use or display of the body of the person providing the
services for the sexual arousal or sexual gratification of others;
"threat" means—
(a) threat of force; or
(b) threat to cause a person's deportation; or
(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 brothel manager may have reasonable grounds to threaten to dismiss a sex

worker who is regularly late for work.
"use", in relation to a debt or purported debt, includes

impose, arrange, negotiate or refer to the debt or purported
debt.

s. 16.
CRIMES ACT 1958

- SECT 53B
Using force, threat etc. to cause another person to provide commercial sexual
services

if—
(a) A—
(i) uses force against another person (B) or any other person;
or
(ii) makes a threat to, or against, B or any other person; or
(iii) unlawfully detains B or any other person; or

(iv) engages in fraud or misrepresentation (including by
omission) in
relation to B or any other person; or
(v) uses a manifestly excessive debt owed, or purportedly owed,

by B or
any other person; and
(b) A, by engaging in the conduct referred to in paragraph (a), causes

B—
(i) to provide, or to continue to provide, commercial sexual

services;
or
(ii) to not be free to leave the place or area where B provides

commercial
sexual services; and
(c) A—
(i) intends that engaging in the conduct referred to in

paragraph (a) will cause B—
(A) to provide, or to continue to provide, commercial sexual services;

or
(B) to not be free to leave the place or area where B provides commercial
sexual services; or
(ii) knows that engaging in the conduct referred to in

paragraph (a) will, or probably will, cause B—
(A) to provide, or to continue to provide, commercial sexual services;

or
(B) to not be free to leave the place or area where B provides commercial
sexual services.

s. 16.
CRIMES ACT 1958

- SECT 53C
Causing another person to provide commercial sexual services in circumstances
involving sexual servitude

if—
(a) A causes or induces another person (B) to provide, or to continue

to provide, commercial sexual services; and
(b) B is not free to stop providing those services, or to leave the

place
or area where B provides those services, because A or another person
(C)—
(i) uses force against B or another person (D); or
(ii) makes a threat to, or against, B or D; or
(iii) unlawfully detains B or D; or

omission) in
relation to B or D; or
(v) uses a manifestly excessive debt owed, or purportedly owed,

by B or D;
and
(c) A knows that engaging in the conduct referred to in paragraph (b)

will, or probably will, cause B—

services;
or

commercial
sexual services.


s. 16.
CRIMES ACT 1958

- SECT 53D
Conducting a business in circumstances involving sexual servitude

if—
(a) A conducts a business that involves the provision of commercial

sexual
services by another person (B); and
(b) B is not free to stop providing those services, or to leave the

place
or area where B provides those services, because A or another person
(C)—
(i) uses force against B or another person (D); or
(ii) makes a threat to, or against, B or D; or
(iii) unlawfully detains B or D; or

omission) in
relation to B or D; or
(v) uses a manifestly excessive debt, or purported debt, owed by

B
or D; and
(c) A knows that engaging in the conduct referred to in paragraph (b)

will, or probably will, cause B—

services;
or

commercial
sexual services.

(3) For the purposes of subsection (1), conducting a business

includes—
(a) taking any part in the management of the business; or
(b) exercising control or direction over the business; or
(c) providing finance for the business.

s. 16.
CRIMES ACT 1958
- SECT 53E
Aggravated sexual servitude

if—
(a) A commits an offence against section 53B(1), 53C(1) or 53D(1);

and
(b) the person against whom the offence is committed (B) is under the
age of 18 years; and
(c) A knows that B is, or probably is, under the age of 18

years.


s. 16.
CRIMES ACT 1958

- SECT 53F
Deceptive recruiting for commercial sexual services

if—
(a) A deceives another person (B) about the fact that an engagement
will involve the provision of commercial sexual services by B;
and
(b) A intends to induce B to enter into an engagement to provide

commercial sexual services.


s. 16.
CRIMES ACT 1958

- SECT 53G
Aggravated deceptive recruiting for commercial sexual services

if—
(a) A commits an offence against section 53F(1); and
(b) the person against whom the offence is committed (B) is under the
age of 18 years; and
(c) A knows that B is, or probably is, under the age of

18 years.
Pt 1 Div. 1 Subdiv. (8FA) (Heading and ss

54A–54C) inserted by No. 47/2016 s. 16.
(8FA) Other sexual

offences

s. 16.
CRIMES ACT 1958

- SECT 54A
Bestiality
(1) A person (A) commits an offence if

A intentionally—
(a) sexually penetrates an animal; or
(b) causes or allows an animal to sexually penetrate A.

Notes
1 See section 35A(3) for the meaning of sexual penetration of an

animal.
2 See section 35A(4) for the meaning of sexual penetration by an

animal.
3 An exception applies to this offence—see section 54B.

s. 16.
CRIMES ACT 1958

- SECT 54B
Exception—veterinary, agricultural or scientific research
A does not commit an offence against section

54A(1) if A's conduct occurs in the course of a procedure being carried out by A
in good faith for veterinary or agricultural purposes or scientific research
purposes.
Note

A referred to in section 54A.

s. 16.
CRIMES ACT 1958

- SECT 54C
Abolition of common law offence of wilful exposure
The offence of wilful exposure at common law is

abolished.
Pt 1 Div. 1 Subdiv. (8G) (Heading and s. 62)

inserted by No. 9509 s. 5.
(8G) Abrogation of
obsolete rules of law
S. 62 inserted by No. 9509

s. 5.
CRIMES ACT 1958

- SECT 62
Abrogation of obsolete rules of law
(1) The rule of law whereby a male person under

the age of fourteen years is conclusively presumed to be impotent is hereby
abrogated.
S. 62(2) substituted by No. 10233

s. 10, amended by No. 74/2014 s. 7(6).
(2) The existence of a marriage does not constitute, or raise any

presumption of, consent by a person to an act of sexual penetration with another
person or to touching that is sexual (with or without aggravating circumstances)
by another person.
S. 62(3) repealed by No. 8/1991

s. 6(c), new s. 62(3) inserted by No. 74/2014 s. 7(7),
(3) A reference in this section to sexual penetration means sexual

penetration as defined by section 35A.
(9) Child
stealing
No. 6103 s. 63.
CRIMES ACT 1958

- SECT 63
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)).
(1) Whosoever unlawfully either by force or fraud leads or takes away or

decoys or entices away or detains any child under the age of sixteen years, with
intent to deprive any parent or guardian or any other person having the lawful
care or charge of such child of the possession of such child or with intent to
steal any article upon or about the person of such child; and whosoever with any
such intent receives or harbors any such child knowing the same to have been by
force or fraud led taken decoyed enticed away or detained, shall be guilty of an
indictable offence, and shall be liable to level 6 imprisonment (5 years
maximum).
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.
S. 63(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 30(b)), 48/1997 s.
60(1)(Sch. 1 item 39(b)).
(2) Whosoever unlawfully takes decoys or entices away any child under the
age of sixteen years out of the possession and against the will of the child's
parent or guardian or of any other person having the lawful care or charge of
the child shall be guilty of an indictable offence, and shall be liable to
Pt 1 Div. 1 Subdiv. (9A) (Heading and

s. 63A) inserted by No. 6731 s. 2(2).
(9A)
Kidnapping
S. 63A inserted by No. 6731 s. 2(2),

amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 30A), 48/1997 s.
60(1)(Sch. 1 item 40).
CRIMES ACT 1958

- SECT 63A
Kidnapping
Whosoever leads takes or entices away or detains

any person with intent to demand from that person or any other person any
payment by way of ransom for the return or release of that person or with intent
to gain for himself or any other person any advantage (however arising) from the
detention of that person shall, whether or not any demand or threat is in fact
made, be guilty of an indictable offence and liable to level 2 imprisonment (25
years maximum).

No. 65/2016 s. 20(18).
Note
An offence against this section is a category 2 offence under the

Sentencing Act 1991. See subsection (2H) of section 5 of that
Act for the requirement to impose a custodial order for this
offence unless the circumstances set out in paragraphs (a) to (e)
of that subsection exist.
(10)
Bigamy
No. 6103 s. 64.

49/1991 s. 119(1)(Sch. 2
item 32), 48/1997 s.
60(1)(Sch. 1 item 41).
CRIMES ACT 1958

- SECT 64
Bigamy
Whosoever being married goes through the form or
ceremony of marriage with any other person during the life of her or his husband
or wife, shall be guilty of an indictable offence, and shall be liable to level
6 imprisonment (5 years maximum). Nothing in this section contained shall extend
to any person going through the form or ceremony of marriage as aforesaid whose
husband or wife has been continually absent from such person for the space of
seven years then last past and has not been known by such person to be living
within that time; or shall extend to any person who at the time of her or his
going through such form or ceremony of marriage has been divorced from the bond
of the marriage; or to any person whose marriage at such time has been declared
void by the sentence of any court of competent jurisdiction.
(11) Attempts to
procure abortion
No. 6103 s. 65.

49/1991 s. 119(1)(Sch. 2
item 33), 48/1997 s.
60(1)(Sch. 1 item 42), substituted by No. 58/2008
s. 11.
CRIMES ACT 1958

- SECT 65
Abortion performed by unqualified person
(1) A person who is not a qualified person must

not perform an abortion on another person.
(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.
(3) For the purposes of this section—
(a) a registered medical practitioner is a qualified person; and
(b) a registered pharmacist or registered nurse is a qualified person

only
for the purpose of performing an abortion by administering or supplying a drug
or drugs in accordance with the Abortion Law Reform Act 2008.
"abortion" has the same meaning as in the Abortion Law

Reform Act 2008;
"perform an abortion" includes supply or procure the supply of

any drug or other substance knowing that it is intended to be used to cause an
abortion;
S. 65(4) def. of registered medical

practitioner substituted by No. 13/2010 s. 51(Sch.
item 17.2).
"registered medical practitioner "means a person registered

under the Health Practitioner Regulation National Law to practise in the
medical profession (other than as a student);
S. 65(4) def. of registered

nurse substituted by No. 13/2010 s. 51(Sch.
item 17.2).
"registered nurse" means a person registered under the Health

Practitioner Regulation National Law to practise in the nursing and midwifery
profession as a nurse or as a midwife (other than as a student);
S. 65(4) def. of registered

pharmacist substituted by No. 13/2010 s. 51(Sch.
item 17.2).
"registered pharmacist "means a person registered under

the Health Practitioner Regulation National Law to practise in the pharmacy
"woman" means a female person of any age.
No. 6103 s. 66.

49/1991 s. 119(1)(Sch. 2
item 34), 48/1997 s.
60(1)(Sch. 1 item 43), substituted by No. 58/2008
s. 11.
CRIMES ACT 1958

- SECT 66
Abortion—Abolition of common law offences
Any rule of common law that creates an offence

in relation to procuring a woman's miscarriage is abolished.
(12) Concealing the

birth of a child[3]
No. 6103 s. 67.

49/1991 s. 119(1)(Sch. 2
item 35), 48/1997 s.
60(1)(Sch. 1 item 44(a)(b)).
CRIMES ACT 1958

- SECT 67
Concealing birth of a child
If any woman has been delivered of a child,

every person who by any secret disposition of the dead body of the said child
whether such child died before at or after its birth endeavours to conceal the
birth thereof, shall be guilty of a summary offence, and shall be liable to
level 9 imprisonment (6 months maximum).
Pt 1 Div. 1 Subdiv. (13) (Heading and ss 68,

69) amended by No. 7577 s. 3, repealed by No. 9509 s. 6, new Pt 1
Div. 1 Subdiv. (13) (Heading and ss 67A–70) inserted by No.
90/1995 s. 88, amended by Nos 22/1996 s. 8, 48/1997
s. 60(1)(Sch. 1 items 45–47), 108/1997 s. 151, 67/2000
s. 6, 69/2001 s. 20, 52/2003 s. 52(Sch. 1 item 2),
20/2004 ss 4–6, 6/2005 ss
12–13(3), 68/2009 s. 97(Sch. item 40.5), 77/2013
ss 15, 16, 37/2014 s. 10(Sch.
items 36.5, 36.6), 74/2014 s. 8, 42/2015 ss 3–7, 54/2016 s. 27,
* * * * *
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.
* * * * *
Pt 1 Div. 1A (Heading and

ss 70A–70D) inserted by No. 9407 s. 2(b).
Division
1A—Piracy
(1837) 7 William IV and 1 Vict.

c. LXXXVIII
s. 2.
S. 70A inserted by No. 9407 s. 2(b),

amended by Nos 37/1986 s. 10, 49/1991
s. 119(1)(Sch. 2
item 36(a)).
CRIMES ACT 1958

- SECT 70A
Piracy with violence
Any person who with intent to commit or at the

time of or immediately before or immediately after committing the offence of
piracy in respect of any vessel—
(a) assaults with intent to murder any person on board or belonging to

the
vessel; or
(b) wounds any such person; or
(c) unlawfully does any act by which the life of any such person may
be
endangered—
shall be liable to—
S. 70A(a) (where secondly occurring)

inserted by No. 37/1986 s. 10, amended by No. 49/1991
s. 119(1)(Sch. 2
item 36(b)), substituted as s. 70A(d) by No. 48/1997
48).
(d) level 3 imprisonment (20 years maximum); or
S. 70A(b) (where secondly occurring)

s. 119(1)(Sch. 2
item 36(c)), re-numbered as s. 70A(e) by No. 48/1997
s. 62(2).
(e) imprisonment for such other term as is fixed by the

court—
(1698) 11 William III,

c. VII ss 7, 8.
S. 70B inserted by No. 9407

s. 2(b).
CRIMES ACT 1958

- SECT 70B
Piratical acts
(1) A person commits a piratical act

if—
(a) being an Australian citizen, he commits any piracy or robbery or

any
act of hostility or robbery against other Australian citizens on the sea under
colour of any commission from any foreign ruler or under pretence of authority
from any person whatever; or
(b) being on board any Australian ship he—
(i) turns pirate, enemy or rebel, and piratically runs away with
the ship,
or any boat, munitions or goods;
(ii) voluntarily yields up the ship, or any boat, munitions or

goods to
any pirate;
(iii) brings any seducing message from any pirate, enemy or

rebel;
(iv) assaults the master of the ship in order to prevent him

from fighting
in defence of his ship and goods;
(v) confines the master of the ship; or
(vi) makes or endeavours to make a revolt in the ship.
S. 70B(2) amended by Nos 37/1986 s. 11,

49/1991 s. 119(1)(Sch. 2
item 37(a)).
(2) Any person who commits a piratical act shall be guilty of an offence
and shall be liable on conviction upon indictment to—
S. 70B(2)(a) inserted by No. 37/1986

s. 11, substituted by Nos 49/1991
s. 119(1)(Sch. 2
item 37(b)), 48/1997 s.
60(1)(Sch. 1 item 49).
(a) level 3 imprisonment (20 years maximum); or
S. 70B(2)(b) inserted by No. 37/1986

s. 119(1)(Sch. 2
item 37(c)).
(b) imprisonment for such other term as is fixed by the

court—
(1721) 8 George I,
c. XXIV
s. 1.
S. 70C inserted by No. 9407 s. 2(b),

s. 119(1)(Sch. 2
item 38), 48/1997 s.
60(1)(Sch. 1 item 50).
CRIMES ACT 1958

- SECT 70C
Trading etc. with pirates
Any person who knowingly—
(a) trades with any pirate;
(b) furnishes any pirate with any munitions or stores of any

kind;
(c) fits out any vessel with a design to trade with, supply or
correspond
with any pirate; or
(d) conspires or corresponds with any pirate—
shall be guilty of an offence and shall be liable on conviction upon

indictment to level 5 imprisonment (10 years maximum).
S. 70D inserted by No. 9407

s. 2(b).
CRIMES ACT 1958

- SECT 70D
Being found on board piratical vessel and unable to prove non‑complicity
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—
(a) that he was not on board the vessel willingly; or
(b) that he did not know that the vessel was equipped for the purposes
of
piracy.
Pt 1 Div. 2 (Heading) substituted by No.

8425 s. 2(1)(a).
Division
2—Theft and similar or associated offences
S. 71 amended by No. 8280 s. 7,

substituted by No. 8425 s. 2(1)(b).
CRIMES ACT 1958

- SECT 71
Definitions
(1) In this Division—
gain and loss are to be construed as extending

only to gain or loss in money or other property, but as extending to any such
gain or loss whether temporary or permanent; and—
(a) "gain" includes a gain by keeping what one has, as

well as a gain by getting what one has not; and
(b) "loss" includes a loss by not getting what one

might get, as well as a loss by parting with what one has;
"goods" except in so far as the context otherwise requires,

includes money and every other description of property except land and includes
things severed from the land by stealing;
"property" includes money and all other property real or

personal including things in action and other intangible property.
(2) In this Division property shall be regarded as belonging to any person

having possession or control of it, or having in it any proprietary right or
interest (not being an equitable interest arising only from an agreement to
transfer or grant an interest).

s. 2(1)(b).
CRIMES ACT 1958
- SECT 72
Basic definition of theft
(1) A person steals if he dishonestly

appropriates property belonging to another with the intention of permanently
depriving the other of it.
(2) A person who steals is guilty of theft; and "thief" shall be construed
accordingly.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 73
Further explanation of theft
(1) This section has effect as regards the

interpretation and operation of section 72 and, except as otherwise provided in
this Division, shall apply only for the purposes of that section and not
otherwise.
(2) A person's appropriation of property belonging to another is not to be

regarded as dishonest—
(a) if he appropriates the property in the belief that he has in law

the
right to deprive the other of it, on behalf of himself or of a third person;
or
(b) if he appropriates the property in the belief that he would have

the
other's consent if the other knew of the appropriation and the circumstances of
it; or
(c) (except where the property came to him as trustee or personal

representative) if he appropriates the property in the belief that the person to
whom the property belongs cannot be discovered by taking reasonable
steps.
(3) A person's appropriation of property belonging to another may be

dishonest notwithstanding that he is willing to pay for the property.
(4) Any assumption by a person of the rights of an owner amounts to an

appropriation, and this includes, where he has come by the property (innocently
or not) without stealing it, any later assumption of a right to it by keeping or
dealing with it as owner.
(5) Where property or a right or interest in property is or purports to be

transferred for value to a person acting in good faith, no later assumption by
him of rights which he believed himself to be acquiring shall, by reason of any
defect in the transferor's title, amount to theft of the property.
(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
(b) when he is not in possession of the land and appropriates any

thing
forming part of the land by severing it or causing it to be severed, or after it
has been severed; or
(c) when, being in possession of the land under a tenancy, he

appropriates
the whole or part of any fixture or structure let to be used with the
land.
For purposes of this subsection land does not include

incorporeal hereditaments; "tenancy" means a tenancy for years or
any less period and includes an agreement for such a tenancy, but a person who
after the end of a tenancy remains in possession as statutory tenant or
otherwise is to be treated as having possession under the tenancy, and "let"
shall be construed accordingly.
(7) Wild creatures, tamed or untamed, shall be regarded as property; but a

person cannot steal a wild creature not tamed nor ordinarily kept in captivity,
or the carcase of any such creature, unless either it has been reduced into
possession by or on behalf of another person and possession of it has not since
been lost or abandoned, or another person is in course of reducing it into
possession.
(8) Where property is subject to a trust, the persons to whom it belongs

shall be regarded as including any person having a right to enforce the trust,
and an intention to defeat the trust shall be regarded accordingly as an
intention to deprive of the property any person having that right.
(9) Where a person receives property from or on account of another, and is

under an obligation to the other to retain and deal with that property or its
proceeds in a particular way, the property or proceeds shall be regarded (as
against him) as belonging to the other.
(10) Where a person gets property by another's mistake, and is under an

obligation to make restoration (in whole or in part) of the property or its
proceeds or of the value thereof, then to the extent of that obligation the
property or proceeds shall be regarded (as against him) as belonging to the
person entitled to restoration, and an intention not to make restoration shall
be regarded accordingly as an intention to deprive that person of the property
or proceeds.
(11) Property of a corporation sole shall be regarded as belonging to the

corporation notwithstanding a vacancy in the corporation.
(12) A person appropriating property belonging to another without meaning

the other permanently to lose the thing itself is nevertheless to be regarded as
having the intention of permanently depriving the other of it if his intention
is to treat the thing as his own to dispose of regardless of the other's rights;
and a borrowing or lending of it may amount to so treating it if, but only if,
the borrowing or lending is for a period and in circumstances making it
equivalent to an outright taking or disposal.
(13) Without prejudice to the generality of subsection (12) where a

person, having possession or control (lawfully or not) of property belonging to
another, parts with the property under a condition as to its return which he may
not be able to perform, this (if done for purposes of his own and without
the other's authority) amounts to treating the property as his own to dispose of
regardless of the other's rights.
(14) Notwithstanding anything contained in subsection (12) in any

proceedings—
S. 73(14)(a) amended by No. 127/1986

s. 102(Sch. 4 item 5.2).
(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
S. 73(14)(b) amended by No. 127/1986

s. 102(Sch. 4 item 5.2).
(b) for attempting to steal a motor vehicle or an aircraft proof that

the
person charged attempted to take or in any manner use 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.
S. 73(15) inserted by No. 20/2015

s. 22.
"motor vehicle" includes vessel, whether or not the vessel is

powered by a motor;
"vessel" has the same meaning as in the Marine Safety Act

2010.
Heading preceding
s. 74inserted by No. 8425
s. 2(1)(b).
Theft, robbery, burglary,

&c.

substituted by No. 8425 s. 2(1)(b), amended by Nos 9576 s. 11(1),
36/1988 s. 4(a).
CRIMES ACT 1958

- SECT 74
Theft
S. 74(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 40), 48/1997 s.
60(1)(Sch. 1 item 52).
(1) A person guilty of theft is guilty of an indictable offence and liable

s. 4(b).
(2) Section 80A applies as if the reference in that section to sections

81–87 (both inclusive) were a reference to this section.
S. 74A inserted by No. 9/2008 s. 10,

amended by No. 37/2014 s. 10(Sch. item 36.6), repealed by
No. 27/2011 s. 5.
* * * * *

s. 9.
CRIMES ACT 1958

- SECT 74AA
Theft of firearm
(1) A person must not steal a

firearm.
Penalty: 1800 penalty units or 15 years imprisonment.
"firearm" has the same meaning as in section 3(1) of the

Firearms Act 1996.

s. 2(1)(b).
CRIMES ACT 1958
- SECT 75
Robbery
S. 75(1) amended
by No. 9323 s. 2(a).
(1) A person is guilty of robbery if he steals, and immediately before or

at the time of doing so, and in order to do so, he uses force on any person or
puts or seeks to put any person in fear that he or another person will be then
and there subjected to force.
S. 75(2) amended by Nos 9048 s. 3, 9576

s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 41), 48/1997 s.
60(1)(Sch. 1 item 53).
(2) A person guilty of robbery, or of an assault with intent to rob, is

guilty of an indictable offence and liable to level 4 imprisonment (15 years
maximum).
S. 75A inserted by No. 9048

s. 2.
CRIMES ACT 1958

- SECT 75A
Armed robbery
(1) A person is guilty of armed robbery if he

commits any robbery and at the time has with him a firearm, imitation firearm,
offensive weapon, explosive or imitation explosive within the meaning assigned
to those terms for the purposes of section 77(1).
S. 75A(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 41A), 48/1997 s.
60(1)(Sch. 1 item 54).
(2) A person guilty of armed robbery is guilty of an indictable

offence and liable to level 2 imprisonment (25 years maximum).
Note to s. 75A
Note

Sentencing Act 1991 if—
(a) the offender has with him or her a firearm at the time of the
offence;
or
(b) a victim of the offence has suffered injury as a direct result of

the
offence; or
(c) the offence was committed by the offender in company with one or
more
other persons.
See section 5(2H) of that Act for the requirement to impose a

custodial order for this offence unless the circumstances set out in paragraphs
(a) to (e) of that subsection exist.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 76
Burglary
(1) A person is guilty of burglary if he enters

any building or part of a building as a trespasser with intent—
(a) to steal anything in the building or part in question; or
(b) to commit an offence—
(i) involving an assault to a person in the building or part in

question;
or
(ii) involving any damage to the building or to property in the

building
or part in question—
which is punishable with imprisonment for a term of five years or

more.
(2) References in subsection (1) to a building shall apply also to an

inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at
times when the person having a habitation in it is not there as well as at times
when he is.
S. 76(3) amended by Nos 9576 s. 11(1),
49/1991 s. 119(1)(Sch. 2
item 42), 48/1997 s.
60(1)(Sch. 1 item 55).
(3) A person guilty of burglary is guilty of an indictable offence and

liable to level 5 imprisonment (10 years maximum).

s. 2(1)(b).
CRIMES ACT 1958

- SECT 77
Aggravated burglary
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.
(1) A person is guilty of aggravated burglary if he or she commits a

burglary and—
(a) at the time has with him or her any firearm or imitation firearm,
any
offensive weapon or any explosive or imitation explosive; or
(b) at the time of entering the building or the part of the building a
person was then present in the building or part of the building and he or she
knew that a person was then so present or was reckless as to whether or not a
person was then so present.

s. 54.
(1A) For the purposes of subsection (1)—
"explosive" means any article manufactured for the purpose of

producing a practical effect by explosion, or intended by the person having it
with him or her for that purpose;

1996;
"imitation explosive" means any article which might reasonably

be taken to be or to contain an explosive;
"imitation firearm" means anything which has the appearance of

being a firearm, whether capable of being discharged or not;
"offensive weapon" means any article made or adapted for use

for causing injury to or incapacitating a person, or which the person having it
with him or her intends or threatens to use for such a purpose.
S. 77(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 31), 48/1997 s.
60(1)(Sch. 1 item 56).
(2) A person guilty of aggravated burglary is guilty of an indictable

S. 77A inserted by
No. 50/2016 s. 3.
CRIMES ACT 1958

- SECT 77A
Home invasion
(1) A person commits a home invasion

if—
(a) the person enters a home as a trespasser with intent—
(i) to steal anything in the home; or
(ii) to commit an offence, punishable by imprisonment for a term

of
5 years or more—
(A) involving an assault to a person in the home; or
(B) involving any damage to the home or to property in the home;

and
(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
(ii) 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.
(2) For the purpose of subsection (1)(c)(ii), it is immaterial whether or

not the person knew that there was, or would be, another person present in the
home.
(3) A person who commits a home invasion commits an offence and is liable
(4) A person may be found guilty of an offence against this section

whether or not any other person is prosecuted for or found guilty of the
offence.
explosive, firearm, imitation explosive, imitation firearm,

and offensive weapon have the same meanings
as in section 77;
"home" means any building, part of a building or other

structure intended for occupation as a dwelling and includes the
following—
(a) any part of commercial or industrial premises that is used

as residential premises;
(b) a motel room or hotel room or other temporary accommodation

provided
on a commercial basis;
(c) a rooming house within the meaning of the Residential Tenancies

Act
1997;
(d) a room provided to a person as accommodation in a residential care

service, hospital or any other premises involved in the provision of health
services to the person;
(e) a caravan within the meaning of the Residential Tenancies

Act 1997 or any vehicle or vessel used as a residence.

No. 48/2018 s. 89.
Note
An offence against this section is a category 2 offence under

the Sentencing Act 1991. See section 5(2H) of that Act for
exist.
S. 77B inserted by
No. 50/2016 s. 3.
CRIMES ACT 1958
- SECT 77B
Aggravated home invasion
(1) A person commits an aggravated home

invasion if—
(a) the person enters a home as a trespasser with intent—
(i) to steal anything in the home; or
(ii) to commit an offence, punishable by imprisonment for a term

of
5 years or more—
(A) involving an assault to a person in the home; or
(B) involving any damage to the home or to property in the home;

and
(b) the person enters the home in company with 2 or more other
persons;
and
(c) at the time the person enters the home—
(i) the person has with them a firearm, an imitation firearm, an

offensive
weapon, an explosive or an imitation explosive; and
(ii) the person knows or is reckless as to whether there

is or will be another person (other than a person
referred to in paragraph (b)) present
in the home while the person is present in the home;
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.
(2) A person who commits an aggravated home invasion commits an offence

and is liable to level 2 imprisonment (25 years maximum).
(3) A person may be found guilty of an offence against this section

whether or not any other person is prosecuted for or found guilty of the
offence.
"explosive, firearm, imitation explosive, imitation firearm",

as in section 77;
"home" has the same meaning as in section 77A.
Notes
Note 1AA
to s. 77B inserted by
No. 48/2018 s. 90(a).
1AA An offence against this section is a category 1 offence under the

1 Section 10AC of the Sentencing Act 1991 requires that a term of

imprisonment be imposed for an offence against section 77B and that a
reason exists.
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.
CRIMES ACT 1958

- SECT 77C
Alternative verdict for charge of aggravated home invasion
If on the trial of a person charged with an

offence against section 77B (aggravated home invasion) the jury are
not satisfied that the person is guilty of the offence charged but are
satisfied that the person is guilty of an offence against section 77A (home
invasion), the jury may acquit the person of the offence charged and find
the person guilty of the offence against section 77A and the person is
liable to punishment accordingly.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 78
Removal of articles from places open to the public
(1) Subject to subsections (2) and (3), where

the public have access to a building in order to view the building or part of
it, or a collection or part of a collection housed in it, any person who without
lawful authority removes from the building or its grounds the whole or part of
any article displayed or kept for display to the public in the building or that
part of it or in its grounds shall be guilty of an offence.
For this purpose "collection" includes a collection got

together for a temporary purpose, but references in this section to a collection
do not apply to a collection made or exhibited for the purpose of effecting
sales or other commercial dealings.
(2) It is immaterial for purposes of subsection (1) that the public's

access to a building is limited to a particular period or particular occasion;
but where anything removed from a building or its grounds is there otherwise
than as forming part of, or being on loan for exhibition with, a collection
intended for permanent exhibition to the public, the person removing it does not
thereby commit an offence under this section unless he removes it on a day when
the public have access to the building as mentioned in subsection (1).
(3) A person does not commit an offence under this section if he believes
that he has lawful authority for the removal of the thing in question or that he
would have it if the person entitled to give it knew of the removal and the
circumstances of it.
S. 78(4) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 43), 48/1997 s.
60(1)(Sch. 1 item 57).
(4) A person guilty of an offence under this section is guilty of an

indictable offence and liable to level 6 imprisonment (5 years
maximum).

s. 2(1)(b), amended by No. 9576 s. 11(1), repealed by No. 10084
s. 4, new s. 79 inserted by No. 50/2016
s. 4.
CRIMES ACT 1958

- SECT 79
Carjacking
(1) A person (A) commits a carjacking

if—
(a) A steals a vehicle; and
(b) immediately before or at the time of doing so, and in order to do

so,
A—
(i) uses force on another person; or
(ii) puts or seeks to put another person (B) in fear that B or

anyone else will then and there be subjected to force.
(2) A person who commits a carjacking commits an offence and is
"vehicle" includes—
(a) a motor vehicle;
(b) a vessel within the meaning of the Marine Safety Act

2010.
No. 48/2018 s. 91.
Note
An offence against this section is a category 2 offence under

the Sentencing Act 1991. See section 5(2H) of that Act for
exist.
S. 79A inserted by
No. 50/2016 s. 4.
CRIMES ACT 1958

- SECT 79A
Aggravated carjacking
(1) A person commits an aggravated carjacking

if the person commits a carjacking and—
(a) at the time the person has with them a firearm, an imitation
firearm, an offensive weapon, an explosive or an imitation explosive;
or
(b) in the course of the carjacking the person causes injury to

another
person.
(2) A person who commits an aggravated carjacking commits an offence and

is liable to level 2 imprisonment (25 years maximum).
"explosive, firearm, imitation explosive, imitation firearm",

as in section 77;
"injury" has the same meaning as in section 15.
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
1 Section 10AD of the Sentencing Act 1991 requires that a term of

imprisonment be imposed for an offence against section 79A and that a
reason exists.
Note 2
to s. 79A amended by
No. 48/2018 s. 92(b), repealed by No. 23/2020
s. 16.
* * * * *

s. 2(1)(b), amended by No. 9576 s. 11(1).
CRIMES ACT 1958

- SECT 80
Unlawfully taking control of an aircraft
S. 80(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 41), 48/1997 s.
60(1)(Sch. 1 item 58(a)).
(1) A person who without lawful excuse takes or exercises control, whether
direct or through another person, of an aircraft while another person not being
an accomplice to the first-mentioned person is on board the aircraft shall be
guilty of an indictable offence and shall be liable to level 4 imprisonment (15
years maximum).
S. 80(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 31), 48/1997 s.
60(1)(Sch. 1 item 58(b)).
(2) A person who without lawful excuse, by force or violence or threat of

force or violence or by any trick of false pretence, takes or exercises control,
whether direct or through another person, of an aircraft while another person
not being an accomplice of the first-mentioned person is on board the aircraft
shall be guilty of an indictable offence and shall be liable to level 3
Heading preceding s. 80A

s. 2(1)(b).
Fraud and
blackmail

s. 5.
CRIMES ACT 1958

- SECT 80A
Extra-territorial offences
(1) If—
(a) a person does, or omits to do, an act or thing referred to in

sections
81–87 (both inclusive) outside, or partly outside, Victoria; and
(b) there is a real and substantial link within the meaning of

subsection
(2) between doing, or omitting to do, the act or thing and
Victoria—
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—
(a) if a significant part of the conduct relating to, or constituting

the
doing of the act or thing, or the omission, occurred in Victoria; or
(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).
CRIMES ACT 1958

- SECT 81
Obtaining property by deception
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).
(1) A person who by any deception dishonestly obtains property belonging

to another, with the intention of permanently depriving the other of it, is
guilty of an indictable offence and liable to level 5 imprisonment (10
years maximum).
(2) For purposes of this section a person is to be treated as obtaining

property if he obtains ownership, possession or control of it, and
"obtain" includes obtaining for another or enabling another to
obtain or to retain.
(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.
S. 81(4) substituted by No. 36/1988

s. 6.
(4) For the purposes of this section,

"deception"—
(a) means any deception (whether deliberate or reckless) by words or

conduct as to fact or as to law, including a deception as to the present
intentions of the person using the deception or any other person; and
(b) includes an act or thing done or omitted to be done with the
intention
of causing—
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment

or
identification—
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 amended by No. 7876 s. 2(3),

substituted by Nos 8280 s. 10, 8425 s. 2(1)(b).
CRIMES ACT 1958

- SECT 82
Obtaining financial advantage by deception
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).
(1) A person who by any deception dishonestly obtains for himself or

another any financial advantage is guilty of an indictable offence and liable to
(2) For purposes of this section deception has the same

meaning as in section 81.
S. 83 amended by Nos 7184 s. 2, 7705
s. 10, 7876 s. 2(3), 7994 s. 5, 8280 s. 11(1)–(3),
CRIMES ACT 1958

- SECT 83
False accounting
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—
(a) destroys, defaces, conceals or falsifies any account or any record

or
document made or required for any accounting purpose; or
(b) in furnishing information for any purpose produces or makes use of

any
account, or any such record or document as aforesaid, which to his knowledge is
or may be misleading, false or deceptive in a material
particular—
he is guilty of an indictable offence and liable to level 5 imprisonment

(10 years maximum).
(2) For purposes of this section a person who makes or concurs in making
in an account or other document an entry which is or may be misleading, false or
deceptive in a material particular, or who omits or concurs in omitting a
material particular from an account or other document, is to be treated as
falsifying the account or document.

s. 7.
CRIMES ACT 1958
- SECT 83A
Falsification of documents
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.

s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(2) A person must not use a document which is, and which he or she knows
to be, false, with the intention of inducing another person to accept it as
genuine, and by reason of so accepting it to do or not to do some act to that
other person's, or to another person's prejudice.

s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(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.

s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(4) A person must not use a copy of a document which is, and which he or
she knows to be, a false document, with the intention of inducing 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.

s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(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.

s. 5, amended by
Nos 49/1991
s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(5A) A person must not, with the intention that he or she may commit an
offence against subsection (1), make, or have in his or her custody, or under
his or her control, a machine or implement, or paper or other material, which
is, and which he or she knows to be, specially designed or adapted for the
making of a document which, if made by him or her, would be false.
S. 83A(5B) inserted by No. 25/1989

s. 5, amended by
Nos 49/1991
s. 119(1)(Sch. 2
item 44), 48/1997 s.
60(1)(Sch. 1 item 61).
(5B) A person must not, with the intention that another person may commit
an offence against subsection (1), make, or have in his or her custody, or under
his or her control, a machine or implement, or paper or other material, which
is, and which he or she knows to be, specially designed or adapted for the
making of a document which, if made by that other person, would be
false.
S. 83A(5C) inserted by No. 25/1989

s. 5, amended by
Nos 49/1991
s. 119(1)(Sch. 2
item 45), 48/1997 s.
60(1)(Sch. 1 item 62).
(5C) A person must not, without lawful excuse, make or have in his or her
custody, or under his or her control, a machine or implement, or paper or other
material, which is and which the person knows to be specially designed or
adapted for the making of a document which, if made by him or her, would be
false.
(6) For the purpose of this section, a document is false if it

purports—
(a) to have been made in the form in which it is made by a person who
did
not in fact make it in that form; or
(b) to have been made in the form in which it is made on the authority
of
a person who did not in fact authorise its making in that form; or
(c) to have been made in the terms in which it is made by a person who
did
not in fact make it in those terms; or
(d) to have been made in the terms in which it is made on the

authority of
a person who did not in fact authorise its making in those terms; or
(e) to have been altered in any respect by a person who did not in
fact
alter it in that respect; or
(f) to have been altered in any respect on the authority of a person

who
did not in fact authorise the alteration in that respect; or
(g) to have been made or altered on a date on which, or at a place at

which, or otherwise in circumstances in which, it was not in fact made or
altered; or
(h) to have been made or altered by an existing person who did not in
fact
exist.
(7) For the purposes of this section, a person is to be treated as making

a false document if the person alters a document so as to make it false in any
respect (whether or not it is false in some other respect apart from that
alteration).
(8) For the purposes of this section, an act or omission is to a person's

prejudice if, and only if, it is one that, if it occurs—
(a) will result—
(i) in the person's temporary or permanent loss of property; or
(ii) in the person's being deprived of an opportunity to earn

remuneration
or greater remuneration; or
(iii) in the person's being deprived of an opportunity to obtain
a
financial advantage otherwise than by way of remuneration; or
(b) will result in any person being given an opportunity—
(i) to earn remuneration or greater remuneration from the first-

mentioned
person; or
(ii) to obtain a financial advantage from the first-mentioned

person
otherwise than by way of remuneration; or
(c) will be the result of the person's having accepted a false

document as
genuine, or a copy of a false document as a copy of a genuine one, in connection
with the person's performance of a duty.
(a) a reference to inducing a person to accept a false document as

genuine, or a copy of a false document as a copy of a genuine document, shall be
read as including a reference to causing a machine to respond to the document or
copy as if it were a genuine document or a copy of a genuine document, as the
case may be; and
(b) if—
(i) a machine so responds to a document or copy; and
(ii) the act or omission intended to be caused by the machine's

so
responding is an act or omission that, if it were an act or omission of a
person, would be to a person's prejudice within the meaning of subsection
(1)—
the act or omission intended to be caused by the machine's so responding

shall be deemed to be an act or omission to a person's prejudice.
(10) In proceedings for an offence against this section, if it is

necessary to allege an intent to induce a person to accept a false document as
genuine, or a copy of a false document as a copy of a genuine one, it is not
necessary to allege that the accused intended so to induce a particular
person.

s. 6.
CRIMES ACT 1958

- SECT 83B
Abolition of common law offences of forgery and uttering
The offences at common law of forgery and

uttering are abolished except as regards offences alleged to have been committed
before the commencement of section 6 of the Crimes Legislation (Miscellaneous
Amendments) Act 1989.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 84
Liability of company officers for certain offences by company
(1) Where an offence committed by a body

corporate under section 81, 82 or 83 is proved to have been committed with the
consent or connivance of any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be guilty of that offence,
and shall be liable to be proceeded against and punished accordingly.
(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 amended by No. 7876 s. 2(3),

CRIMES ACT 1958

- SECT 85
False statements by company directors etc.
S. 85(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 33), 48/1997 s.
60(1)(Sch. 1 item 63).
(1) Where an officer of a body corporate or unincorporated association (or

person purporting to act as such), with intent to deceive members or creditors
of the body corporate or association about its affairs, publishes or concurs in
publishing a written statement or account which to his knowledge is or may be
misleading, false or deceptive in a material particular, he is guilty of an
indictable offence and liable to level 5 imprisonment (10 years
maximum).
(2) For purposes of this section a person who has entered into a security
for the benefit of a body corporate or association is to be treated as a
creditor of it.
(3) Where the affairs of a body corporate or association are managed by

its members, this section shall apply to any statement which a member publishes
or concurs in publishing in connexion with his functions of management as if he
were an officer of the body corporate or association.
S. 86 amended by No. 7876 s. 2(3),

CRIMES ACT 1958

- SECT 86
Suppression etc. of documents
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).
S. 86(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 46), 48/1997 s.
60(1)(Sch. 1 item 64).
(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.
(3) For purposes of this section "deception" has the same

meaning as in section 81, and "valuable security" means any document
creating, transferring, surrendering or releasing any right to, in or over
property, or authorizing the payment of money or delivery of any property, or
evidencing the creation, transfer, surrender or release of any such right, or
the payment of money or delivery of any property, or the satisfaction of any
obligation.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 87
Blackmail
(1) A person is guilty of blackmail if, with a

view to gain for himself or another or with intent to cause loss to another, he
makes any unwarranted demand with menaces; and for this purpose a demand with
menaces is unwarranted unless the person making it does so in the
belief—
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is proper means of reinforcing the
demand.
(2) The nature of the act or omission demanded is immaterial, and it is

also immaterial whether the menaces relate to action to be taken by the person
making the demand.
S. 87(3) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 41), 48/1997 s.
60(1)(Sch. 1 item 65).
(3) A person guilty of blackmail is guilty of an indictable offence and

Heading preceding s. 88
s. 2(1)(b).
Offences relating to goods

stolen, &c.

s. 2(1)(b), amended by No. 70/1987 s. 5(a)(b).
CRIMES ACT 1958

- SECT 88
Handling stolen goods
S. 88(1)
(1) A person handles stolen goods if knowing or believing them to be

stolen goods he dishonestly receives the goods or brings them into Victoria, or
dishonestly undertakes or assists in bringing them into Victoria or in their
retention, removal, disposal or realization by or for the benefit of another
person, or if he arranges to do so.
S. 88(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 40), 48/1997 s.
60(1)(Sch. 1 item 66).
(2) A person guilty of handling stolen goods is guilty of an indictable

S. 88(3) inserted by No. 9073

s. 2(a).
(3) Where a married woman handles stolen goods, the fact that the person
from whom she receives the goods is her husband shall not of itself constitute a
defence to a charge under this section.
S. 88A (Heading) amended by No. 68/2009

s. 97(Sch. item 40.6)

s. 4.
CRIMES ACT 1958
- SECT 88A
Alternative charges of theft and handling stolen goods
If—
S. 88A(a) amended by No. 68/2009

s. 97(Sch. item 40.7).
(a) a charge for an offence of theft under section 74 and a charge

for an offence of handling stolen goods under section 88 are joined in the
same indictment as alternative charges and tried together; and
(b) the jury are satisfied beyond reasonable doubt that the accused is
either guilty of theft or guilty of handling stolen goods but are unable to
agree on which offence the accused should be found guilty of—
the jury must acquit the accused of handling stolen goods and find the
accused guilty of theft and the accused is liable to punishment
accordingly.
S. 89 amended by No. 8181 s. 2(1)(Sch.

item 33), substituted by No. 8425 s. 2(1)(b), amended by Nos 9554
s. 2(2)(Sch. 2 item 52), 49/1991
s. 119(1)(Sch. 2
item 47), 69/1997s.
22(5).
CRIMES ACT 1958

- SECT 89
Advertising rewards for return of goods stolen or lost
Where any public advertisement of a reward for

the return of any goods which have been stolen or lost uses any words to the
effect that no questions will be asked, or that the person producing the goods
will be safe from apprehension or inquiry, or that any money paid for the
purchase of the goods or advanced by way of loan on them will be repaid, the
person advertising the reward and any person who prints or publishes the
advertisement shall on summary conviction be liable to a level 11 fine
(5 penalty units maximum).
S. 90 amended by No. 8181

s. 2(1)(Sch. item 33),
CRIMES ACT 1958

- SECT 90
Scope of offences relating to stolen goods
(1) The provisions of this Act relating to

goods which have been stolen shall apply whether the stealing occurred in
Victoria or elsewhere, and whether it occurred before or after the commencement
of this Act, provided that the stealing (if not an offence under this Act)
amounted to an offence where and at the time when the goods were stolen; and
references to stolen goods shall be construed accordingly.
(2) For purposes of those provisions references to stolen goods shall

include, in addition to the goods originally stolen and parts of them (whether
in their original state or not)—
(a) any other goods which directly or indirectly represent or have at

any
time represented the stolen goods in the hands of the thief as being the
proceeds of any disposal or realization of the whole or part of the goods stolen
or of goods so representing the stolen goods; and
(b) any other goods which directly or indirectly represent or have at

any
time represented the stolen goods in the hands of a handler of the stolen goods
or any part of them as being the proceeds of any disposal or realization of the
whole or part of the stolen goods handled by him or of goods so representing
them.
(3) But no goods shall be regarded as having continued to be stolen goods

after they have been restored to the person from whom they were stolen or to
other lawful possession or custody, or after that person and any other person
claiming through him have otherwise ceased as regards those goods to have any
right to restitution in respect of the theft.
(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 amended by No. 7876 s. 2(3),

CRIMES ACT 1958

- SECT 91
Going equipped for stealing etc.
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.
S. 91(2) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 34), 48/1997 s.
60(1)(Sch. 1 item 67(b)).
(2) A person guilty of an offence under this section shall be liable to

(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.
S. 91(4) substituted by No. 10249

s. 13.
(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.
S. 92 amended by No. 7876 s. 2(3),

substituted by No. 8425 s. 2(1)(b), amended by No. 64/1990 s. 20(Sch.
item 3(a)(b)).
CRIMES ACT 1958

- SECT 92
Search for stolen goods
S. 92(1)
substituted by No. 25/2009 s. 3(1), amended by No. 6/2018
s. 68(Sch. 2 item 35.1).
(1) If a magistrate is satisfied by evidence on oath or by

affirmation or by affidavit that there is reasonable cause to believe that any
person has—
(a) in the custody or possession of the person; or
(b) on any premises (including any vehicle on or in those premises) of

the
person; or
(c) on or in a particular vehicle located in a public

place—
any stolen goods, the magistrate may grant a warrant to search for and
seize those goods.

s. 3(1).
(1A) A warrant issued under subsection (1) must be addressed to a

constable unless the warrant is issued under the authority of an enactment that
expressly provides otherwise.
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—
(a) if the person in occupation of the premises has been convicted

within
the preceding five years of handling stolen goods or of any offence involving
dishonesty and punishable with imprisonment; or
(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. 92(3) substituted by No. 25/2009

s. 3(2).
(3) If under this section a person is authorised to search premises or a

particular vehicle located in a public place for stolen goods, he or she may
enter and search the premises or the vehicle accordingly, and may seize any
goods the person believes to be stolen goods.
(4) This section is to be construed in accordance with section 90 and in

subsection (2) the references to handling stolen goods shall include any
corresponding offence committed before the commencement of the Crimes (Theft)
Act 1973.

s. 3(3).
"public place" has the same meaning as it has in section 3 of

the Summary Offences Act 1966;
"vehicle" includes motor vehicle, aircraft and

vessel.

s. 2(1)(b).
CRIMES ACT 1958

- SECT 93
Procedure and evidence
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.
(3) In any proceedings for the theft of anything in the course of

transmission (whether by post or otherwise), or for handling stolen goods from
such a theft, a statutory declaration made by any person that he despatched or
received or failed to receive any goods or postal packet, or that any goods or
postal packet when despatched or received by him were or was in a particular
state or condition, shall be admissible as evidence of the facts stated in the
declaration, subject to the following conditions—
(a) a statutory declaration shall only be admissible where and to the

extent to which oral evidence to the like effect would have been admissible in
the proceedings; and
S. 93(3)(b) amended by No. 9848

s. 18(1).
(b) a statutory declaration shall only be admissible if at least seven

days before the hearing or trial a copy of it has been given to the person
charged, and he has not, at least three days before the hearing or trial or
within such further time as the court may in special circumstances allow, given
to the informant or the Director of Public Prosecutions as the case requires,
written notice requiring the attendance at the hearing or trial of the person
making the declaration.
(4) This section is to be construed in accordance with section

90.
S. 94 amended by No. 7876 s. 2(3),

substituted by No. 8425 s. 2(1)(b), repealed by No. 10260 s. 114(Sch.
4 item 4).
* * * * *
Heading preceding s. 95
s. 2(1)(b).
General and consequential

provisions

s. 2(1)(Sch. item 33),
CRIMES ACT 1958

- SECT 95
Husband and wife
(1) This Act shall apply in relation to the

parties to a marriage, and to property belonging to the wife or husband whether
or not by reason of an interest derived from the marriage, as it would apply if
they were not married and any such interest subsisted independently of the
marriage.
S. 95(2) amended by No. 19/1987

s. 27(a), repealed by No. 69/2009 s. 37.
* * * * *
S. 95(3) amended by No. 9848 s. 18(1),

repealed by No. 19/1987 s. 27(b).
* * * * *
Ss 96–174
repealed.[4]
* * * * *
Heading preceding s. 175 amended by No.

8425 s. 2(1)(d).
Secret commissions
prohibition
No. 6103 s. 175.
CRIMES ACT 1958

- SECT 175
Definitions[5]
(1) For the purposes of this subdivision—
advice given and words to the like effect include every

report certificate statement and suggestion intended to influence the person to
whom the same may be made or given and every influence exercised by one person
over another;
S. 175(1)
def. of
agent amended by Nos
74/2000 s. 3(Sch. 1 item 30.1), 18/2005 s. 18(Sch. 1
item 27.2).
"agent" includes any corporation or other person acting or

having been acting or desirous or intending to act for or on behalf of any
corporation or other person whether as agent partner co-owner clerk servant
employee banker broker auctioneer architect clerk of works engineer legal
practitioner surveyor buyer salesman foreman trustee executor administrator
liquidator trustee within the meaning of any Act relating to bankruptcy receiver
director manager or other officer or member of committee or governing body of
any corporation club partnership or association or in any other capacity either
alone or jointly with any other person and whether in his own name or in the
name of his principal or otherwise and a person serving under the
Crown;
"contract" includes contract of sale or of employment or any

other contract whatever;
in relation to his principal's affairs or business implies

the additional words "whether within the scope of his authority or course of his
employment as agent or not";
person having business relations with the principal includes
every corporation or other person whether as principal or agent carrying on or
having carried on or desirous or intending to carry on any negotiation or
business with or engaged or having been engaged or desirous or intending to be
engaged in the performance of any contract with or in the execution of any work
or business for or in the supply of any goods or chattels to any principal and
also includes any agent of such corporation or other person;
"principal" includes a corporation or other person for or on

behalf of whom the agent acts has acted or is desirous or intending to
act;
solicit any valuable consideration and valuable

consideration solicited and words to the like effect shall be construed
with the following directions, namely:—That every agent who diverts
obstructs or interferes with the proper course of business or manufacture or
impedes or obstructs or fails to use due diligence in the prosecution of any
negotiation or business with the intent to obtain the gift of any valuable
consideration from any person interested in the said negotiation or business or
with intent to injure any such person shall be deemed to have solicited a
valuable consideration from a person having business relations with the
principal of such agent;
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).
"trustee" includes trustee executor administrator liquidator

trustee within the meaning of any Act relating to bankruptcy receiver director
administrator or guardian under the Guardianship and Administration Act
2019 or attorney under an enduring power of attorney under the Powers of
Attorney Act 2014 or person having power to appoint a trustee or person
entitled to obtain probate of the will or letters of administration to the
estate of a deceased person;
"valuable consideration" includes any money loan office place

employment agreement to give employment benefit or advantage whatsoever and any
commission or rebate deduction or percentage bonus or discount or any
forbearance to demand any money or money's worth or valuable thing and the
acceptance of any of the said things shall be deemed the receipt of a valuable
consideration;
"valuable consideration" when used in connexion with the offer

thereof includes any offer of any agreement or promise to give and every holding
out of any expectation of valuable consideration;
"valuable consideration" when used in connexion with the

receipt thereof includes any acceptance of any agreement promise or offer to
give and of any holding out of any expectation of valuable
consideration.
(2) Any act or thing prohibited by this subdivision is prohibited whether

done directly or indirectly by the person mentioned or by or through any other
person.
No. 6103 s. 176.
CRIMES ACT 1958

- SECT 176
Receipt or solicitation of secret commission by an agent an indictable offence[6]
(1) Whosoever being an agent corruptly receives or solicits from any

person for himself or for any other person any valuable
consideration—
(a) as an inducement or reward for or otherwise on account of doing or

forbearing to do or having done or forborne to do any act in relation to his
principal's affairs or business; or
(b) the receipt or any expectation of which would in any way tend to
influence him to show or to forbear to show favour or disfavour to any person in
relation to his principal's affairs or business; or
S. 176(2) amended by Nos 9554

s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988
s. 8(a)(i)–(iii), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).
(2) Whosoever corruptly gives or offers to any agent any valuable

consideration—
(a) as an inducement or reward for or otherwise on account of doing or

forbearing to do or having done or forborne to do any act in relation to his
principal's affairs or business; or
(b) the receipt or any expectation of which would in any way tend to
influence him to show or to forbear to show favour or disfavour to any person in
relation to his principal's affairs or business—
shall be guilty of an indictable offence, and shall—
be liable if a corporation to a level 5 fine and if any other person to

level 5 imprisonment (10 years maximum) or a level 5 fine or both.
No. 6103 s. 177.
CRIMES ACT 1958

- SECT 177
Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent[7]
S. 177(1) amended by No. 48/1997

s. 62(3).
(1) Any valuable consideration given or offered to any parent husband wife
or child of any agent or to his partner clerk or employee or at the agent's
request to any person by any person having business relations with the principal
of such agent shall be deemed to have been given or offered to the
agent.
S. 177(2) amended by No. 74/2000

s. 3(Sch. 1 item 30.2).
(2) Any valuable consideration received or solicited by any parent husband

wife or child of any agent or by his partner clerk or employee from any person
having business relations with the principal of such agent shall be deemed to
have been received or solicited by the agent, unless it is proved that the
valuable consideration was so received or solicited without the consent
knowledge or privity of the agent.
No. 6103 s. 178.
S. 178 amended by Nos 9554 s. 2(2)(Sch.

2 item 53), 9576 s. 11(1), 36/1988 s. 8(b)(i)–(iii), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).
CRIMES ACT 1958

- SECT 178
Giving or receiving false or misleading receipt or account an indictable offence[8]
If with intent to deceive or defraud the principal any person gives to any
agent or any agent receives or uses or gives to the principal any receipt
invoice account or document in respect of which or in relation to a dealing
transaction or matter in which the principal is interested and
which—
(a) contains any statement which he knows is false or erroneous or

defective in any important particular or is in any way likely to mislead the
principal; or
(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—
he shall be guilty of an indictable offence, and shall—

No. 6103 s. 179.
CRIMES ACT 1958

- SECT 179
Gift or receipt of secret commission in return for advice given[9]
S. 179(1) amended by No. 9576

s. 11(1).
(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—
(a) to enter into a contract with any third person; or
(b) to appoint or join with another in appointing or to vote for or to

aid
in obtaining the election or appointment or to authorize or join with another in
authorizing the appointment of any third person as trustee—
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.

s. 11(1).
(2) Any offer or solicitation of a valuable consideration in respect of

any advice given or to be given by one person to another with a view to induce
or influence the person advised—
(a) to enter into a contract with the person offering or solicited;

or
(b) to appoint or join with another in appointing or to vote for or to

aid
in obtaining the election or appointment or to authorize or join with another in
authorizing the appointment of the person offering or solicited as
trustee—
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.

s. 11(1).
(3) Any person on conviction of an indictable offence under any of the

provisions of this section shall—
S. 179(3)(a) amended by Nos 9554

s. 2(2)(Sch. 2 item 54), 36/1988 s. 8(c)(i)(ii), 25/1989
s. 20(d), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).
(a) be liable if a corporation to a level 5 fine and if any other

person
to level 5 imprisonment (10 years maximum) or a level 5 fine or both.
S. 179(3)(b) repealed by No. 36/1988

s. 8(c)(iii).
* * * * *
No. 6103 s. 180.
S. 180 amended by Nos 9576 s. 11(1),

57/1989 s. 3(Sch. item 42.5).
CRIMES ACT 1958

- SECT 180
Secret commission to trustee in return for substituted appointment[10]
Every person who offers or gives any valuable consideration to a trustee

and every trustee who receives or solicits any valuable consideration for
himself or for any other person without the assent of the persons beneficially
entitled to the estate or of the Supreme Court as an inducement or reward for
appointing or having appointed or for joining or having joined with another in
appointing or for authorizing or having authorized or for joining or having
joined with another in authorizing any person to be appointed in his stead or
instead of him and any other person as trustee shall be guilty of an indictable
offence, and shall—
S. 180(a) amended by Nos 9554

s. 2(2)(Sch. 2 item 54), 36/1988 s. 8(d)(i)(ii), 25/1989
s. 20(e), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).

person
S. 180(b) repealed by No. 36/1988
s. 8(d)(iii).
* * * * *
No. 6103 s. 181.

2 item 53), 9576 s. 11(1), 36/1988 s. 8(e)(i)–(iii), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).
CRIMES ACT 1958

- SECT 181
Aiding and abetting offences within or outside Victoria[11]
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—
(a) doing any act or thing in contravention of this subdivision;
(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—
shall be guilty of an indictable offence, and shall—

No. 6103 s. 182.

s. 11(1).
CRIMES ACT 1958

- SECT 182
Liability of directors etc. acting without authority[12]
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—
S. 182(a) amended by Nos 9554

s. 2(2)(Sch. 2 item 54), 36/1988 s. 8(f)(i)(ii), 25/1989
s. 20(f), 49/1991
s. 119(1)(Sch. 2
item 48), 48/1997 s.
60(1)(Sch. 1 item 68).

person
S. 182(b) repealed by No. 36/1988

s. 8(f)(iii).
* * * * *
S. 183 repealed by No. 10260

s. 114(Sch. 4 item 4).
* * * * *
No. 6103 s. 184.
CRIMES ACT 1958

- SECT 184
Protection of witness giving answers criminating himself [13]
A person who is called as a witness in any proceedings shall not be excused

from answering any question relating to any offence under this subdivision on
the ground that the answer thereto may criminate or tend to criminate
him:
Provided that—
S. 184(a) amended by No. 57/1989

s. 3(Sch. item 42.6).
(a) a witness who in the judgment of the court answers truly all
questions
which he is required by the court to answer shall be entitled to receive a
certificate from the court stating that such witness has so answered;
and
S. 184(b) amended by No. 57/1989

s. 3(Sch. item 42.6).
(b) an answer by a person to a question put by or before the court in

any
proceeding under this subdivision shall not except in the said proceeding or in
the case of any criminal proceedings for perjury in respect of such evidence be
in any proceeding civil or criminal admissible in evidence against
him.
No. 6103 s. 185.
S. 185 amended by No. 57/1989 s. 3(Sch.

item 42.7).
CRIMES ACT 1958

- SECT 185
Stay of proceedings against such witness[14]
When a person has received a certificate as aforesaid and any criminal

proceeding is at any time instituted against him in respect of the offence which
was in question in the proceeding in which the said person was called as a
witness the court having cognizance of the case shall on proof of the
certificate and of the identity of the offence in question in the two cases stay
the proceedings.
No. 6103 s. 186.
CRIMES ACT 1958

- SECT 186
Custom of itself no defence[15]
(1) In any prosecution under this subdivision it shall not amount to a

defence to show that any such valuable consideration as is mentioned in this
subdivision is customary in any trade or calling.
(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. 5.
* * * * *

s. 18(1).
* * * * *
S. 186(5) amended by No. 57/1989

s. 3(Sch. item 42.8), repealed by No. 7/2009 s. 422(1) (as
amended by No. 68/2009 s. 54(h)).
* * * * *
Heading preceding s. 187 substituted by

No. 8425 s. 2(1)(e) (as amended by No. 9019 s. 2(1)(Sch. item
257)).
Fraudulently inducing
persons to invest
Ss 187–190 repealed by No. 8425

s. 2(1)(f).
* * * * *
No. 6103 s. 191.
CRIMES ACT 1958

- SECT 191
Fraudulently inducing persons to invest money
S. 191(1) amended
by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 49), 48/1997 s.
60(1)(Sch. 1 item 69).
(1) Any person who, by any statement promise or forecast which he knows to
be misleading false or deceptive or by any dishonest concealment of material
facts or by the reckless making of any statement promise or forecast which is
misleading false or deceptive, induces or attempts to induce another
person—
(a) to enter into or offer to enter into—
(i) any agreement for or with a view to acquiring disposing of

subscribing
in or underwriting securities or lending or depositing money to or with any
corporation; or
(ii) any agreement the purpose or pretended purpose of which is

to secure
a profit to any of the parties from the yield of securities or by reference to
fluctuations in the value of securities; or
(b) to acquire or offer to acquire any right or interest under any

arrangement the purpose or effect or pretended purpose or effect of which is to
provide facilities for the participation by persons in profits or income alleged
to arise or to be likely to arise from the acquisition holding management or
disposal of any property other than securities; or
(c) to enter into or offer to enter into an agreement the purpose or

pretended purpose of which is to secure a profit to any of the parties by
reference to fluctuations in the value of any property other than
securities—

(15 years maximum).
(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).
(3) In this section unless inconsistent with the context or

subject-matter—
"corporation" means any body corporate whether incorporated in

Victoria or elsewhere;
"debentures" means any debentures debenture stock or bonds of a

corporation, whether constituting a charge on the assets of the corporation or
not;
"securities" means—
(a) shares or debentures or rights or interests (whether described as

units or otherwise) in any shares or debentures; or
(b) securities of the Government of any part of Her Majesty's

dominions or
the Government of any foreign state; or
(c) rights (whether actual or contingent) in respect of money lent to

or
deposited with any corporation—
and includes rights or interests (whether described as units or otherwise)

which may be acquired under any trust scheme under which all property for the
time being subject to any trust created in pursuance of the scheme consists of
such securities as are mentioned in paragraph (a)(b) or (c) of this
interpretation;
"shares" means shares in the share capital of a corporation or

stock of a corporation.
S. 192 repealed by No. 69/2009

s. 38.
* * * * *

s. 18(1).
* * * * *

194, 195) repealed by No. 8425 s. 2(1)(f).
* * * * *
Pt 1 Div. 2AA (Heading and ss
192A–192E) inserted by No.
22/2009 s. 3.
Division
2AA—Identity crime

s. 3.
CRIMES ACT 1958

- SECT 192A
Definitions
In this Division—
"identification documentation" means a document or other thing

that—
(a) contains or incorporates identification information; and
(b) is capable of being used by a person for the purpose of pretending

to
be, or passing themself off as, another person (whether living or dead, or real
or fictitious);
"identification information" means information relating to a

person (whether living or dead, or real or fictitious) that is capable of being
used (whether alone or in conjunction with other information) to identify, or
purportedly identify, the person, being information such as—
(a) a name, address, date of birth or place of birth;
(b) information as to the person's marital status;
(c) information that identifies another person as a relative of the

person;
(d) a driver licence or driver licence number;
(e) a passport or passport number;
(f) biometric data;

(g) a voice print;
(h) a credit or debit card, its number or data stored or encrypted on

it;
(i) a financial account number, user name or password;
(j) a digital signature;
(k) a series of numbers or letters (or both) intended for use as a

means of personal identification;
(l) an Australian Business Number within the meaning of the A New Tax
System (Australian Business Number) Act 1999 of the Commonwealth.

s. 3.
CRIMES ACT 1958

- SECT 192B
Making, using or supplying identification information
(1) A person, who makes, uses or supplies

identification information (that is not identification information that relates
to that person), and—
(a) who is aware that, or aware that there is a substantial risk that,
the
information is identification information; and
(b) who intends to use or supply the information to commit an

indictable
offence, or to facilitate the commission of an indictable
offence—
is guilty of an offence and liable to level 6 imprisonment (5 years

maximum).
Note
See section 426 for an alternative verdict for this offence.
(2) A person may be found guilty of an offence against this section even
if the commission of the indictable offence is impossible.
(3) It is not a defence to a charge for an offence against this section

that the person to whom the identification information relates consented to the
making, use or supply of the identification information.

s. 3.
CRIMES ACT 1958

- SECT 192C
Possession of identification information
(1) A person, who possesses identification

information (that is not identification information that relates to the person),
and—
(a) who is aware that, or aware that there is a substantial risk that,
the
information is identification information; and
(b) who intends to use the information to commit an indictable

offence, or
to facilitate the commission of an indictable offence—
is guilty of an offence and liable to imprisonment for a term not exceeding

3 years.
(3) It is not a defence to a charge for an offence against this section

that the person to whom the identification information relates consented to the
possession of the identification information.

s. 3.
CRIMES ACT 1958

- SECT 192D
Possession of equipment used to make etc. identification documentation
(1) A person, who possesses equipment that is

capable of being used to make, use, supply or retain identification
documentation, and—
(a) who intends to use, or who intends that another person will use,
the
equipment to make, use, supply or retain identification documentation;
and
(b) who intends to use any such identification documentation to commit

an
indictable offence or to facilitate the commission of an indictable
offence—

3 years.

s. 3.
CRIMES ACT 1958

- SECT 192E
Not an offence to attempt to commit an identity crime offence
It is not an offence to attempt to commit an

offence against section 192B, 192C or 192D.

ss 193–195A) inserted by No. 104/2003
s. 3.
Division
2A—Money laundering etc.
New s. 193 inserted by No.

104/2003 s. 3.
CRIMES ACT 1958

- SECT 193
Definitions
"deal with" includes receive, possess, conceal or dispose

of;
"instrument of crime" means property that is used in the

commission of, or used to facilitate the commission of—
(a) an offence referred to in Schedule 1 to the Confiscation Act

1997; or
(b) an offence against a law of the Commonwealth that may be dealt

with as
an indictable offence (even if it may, in some circumstances, be dealt with as a
summary offence); or
(c) an offence against a law of another State, a Territory or a

country
outside Australia that would have constituted an offence referred to in
paragraph (a) if it had been committed in Victoria;
"proceeds of crime" means property that is derived or realised,
directly or indirectly, by any person from the commission of—
(a) an offence referred to in Schedule 1 to the Confiscation Act

1997; or
(b) an offence against a law of the Commonwealth that may be dealt

with as
an indictable offence (even if it may, in some circumstances, be dealt with as a
summary offence); or
(c) an offence against a law of another State, a Territory or a

country
outside Australia that would have constituted an offence referred to in
paragraph (a) if it had been committed in Victoria;
"property" includes money and all other property real or

personal including things in action and other intangible property.
(2) For the purposes of the definitions of instrument of

crime" and "proceeds of crime, it is necessary to prove
facts that constitute one or more offences referred to in paragraph (a), (b) or
(c) of those definitions but the particulars of an offence need not be
proven.
New s. 194 inserted by No. 104/2003

s. 3.
CRIMES ACT 1958

- SECT 194
Dealing with proceeds of crime
(1) A person must not deal with proceeds of

crime—
(a) knowing that it is proceeds of crime; and
(b) intending to conceal that it is proceeds of crime.
(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.
(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.

s. 3.
CRIMES ACT 1958

- SECT 195
Dealing with property suspected of being proceeds of crime
A person who deals with property if there are

reasonable grounds to suspect that the property is proceeds of crime is guilty
of a summary offence and liable to level 7 imprisonment (2 years
maximum).

s. 3.
CRIMES ACT 1958

- SECT 195A
Dealing with property which subsequently becomes an instrument of crime
(1) A person is guilty of an offence and liable

to level 4 imprisonment (15 years maximum) if—
(a) the person deals with property intending that the property will
become
an instrument of crime; and
(b) the property subsequently becomes an instrument of crime.
(2) A person is guilty of an offence and liable to level 5

imprisonment (10 years maximum) if—
(a) the person deals with property being reckless as to whether or not
the
property will become an instrument of crime; and
(3) A person is guilty of an offence and liable to level 6

imprisonment (5 years maximum) if—
(a) the person deals with property being negligent 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.
Pt 1 Div. 2B (Heading and ss

195B–195F) inserted by No. 20/2013
s. 3.
Division
2B—Cheating at gambling

s. 3.
CRIMES ACT 1958

- SECT 195B
Interpretation
"bet" includes—
(a) place, accept or withdraw a bet; and
(b) cause a bet to be placed, accepted or withdrawn;
"causing a financial disadvantage" includes—
(a) causing a financial disadvantage to another person; and
(b) inducing a third person to do something that results in another

person
suffering a financial disadvantage—
whether the financial disadvantage is permanent or temporary;
"conduct" means an act or omission to do an act;
conduct that corrupts or would corrupt a betting outcome of an event

or an event contingency means conduct that—
(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
(b) is contrary to the standards of integrity that a reasonable person

would expect of persons in a position to affect the outcome of any type of
betting on the event or event contingency;
"encourage" includes incite, induce, persuade, urge, threaten

or pressure;
"engage in conduct" means—
(a) do an act; or
(b) omit to do an act;
"event" means an event (whether it takes place in Victoria or

elsewhere) on which it is lawful to bet under a law of Victoria, another State,
a Territory or the Commonwealth;
"event contingency" means a contingency connected to an event,

being a contingency on which it is lawful to bet under a law of Victoria,
another State, a Territory or the Commonwealth;
"obtaining a financial advantage" includes—
(a) obtaining a financial advantage for oneself or another person;

and
(b) inducing a third person to do something that results in obtaining

a
financial advantage for oneself or for another person; and
(c) retaining a financial advantage that one has—
whether the financial advantage is permanent or temporary.
(2) In a proceeding for an offence against this Division, an accused will

be taken to have intended to obtain a financial advantage, or cause a financial
disadvantage, if, and only if, it is proved that the accused—
(a) intended to obtain a financial advantage, or to cause a financial

disadvantage, in connection with betting on an event or event contingency; or
(b) was aware that another person intended to obtain a financial

advantage, or to cause a financial disadvantage, in connection with betting on
an event or event contingency as a result of the conduct that is the subject of
the charge.
(3) In a proceeding for an offence against this Division, it is not

necessary to prove that a financial advantage was actually obtained or a
financial disadvantage was actually caused.
s. 3.
CRIMES ACT 1958

- SECT 195C
Engaging in conduct that corrupts or would corrupt a betting outcome of event or
event contingency
A person must not engage in conduct that

corrupts or would corrupt a betting outcome of an event or event
contingency—
(a) knowing that, or being reckless as to whether, the conduct

corrupts or
would corrupt a betting outcome of the event or the event contingency;
and
(b) intending to obtain a financial advantage, or to cause a financial

disadvantage, in connection with any betting on the event or the event
contingency.
Penalty: level 5 imprisonment (10 years maximum).

s. 3.
CRIMES ACT 1958

- SECT 195D
Facilitating conduct that corrupts or would corrupt a betting outcome of event or
event contingency
(1) A person must not offer to engage in, or

encourage another person to engage in, conduct that corrupts or would corrupt a
betting outcome of an event or event contingency—

corrupts or
would corrupt a betting outcome of the event or event contingency; and

contingency.
(2) A person must not enter into an agreement or arrangement in respect of

conduct that corrupts or would corrupt a betting outcome of an event or event
contingency—
(a) knowing that, or being reckless as to whether, the conduct the

subject
of the agreement or arrangement corrupts or would corrupt a betting outcome of
the event or event contingency; and

contingency.

s. 3.
CRIMES ACT 1958

- SECT 195E
Concealing conduct, agreement or arrangement
(1) A person must not encourage another person

to conceal from a relevant authority conduct, or an agreement or arrangement in
respect of conduct, that corrupts or would corrupt a betting outcome of an event
or event contingency—

corrupts or
would corrupt a betting outcome of the event or event contingency; and
(b) intending to obtain a financial advantage, or cause a financial

disadvantage, in connection with any betting on the event or event
contingency.
(2) In this section "relevant authority"

means—
S. 195E(2)(a) substituted by
No. 37/2014 s. 10(Sch. item 36.8).
(a) a police officer; or
(b) a body that has the official function of controlling, regulating

or
supervising an event or betting on an event; or
(c) any other authority of a kind prescribed by regulation.

s. 3.
CRIMES ACT 1958

- SECT 195F
Use of corrupt conduct information for betting purposes
(1) A person who—
(a) possesses information in connection with an event or event

contingency
about conduct that corrupts or would corrupt a betting outcome of the event or
event contingency; and
(b) knows that, or is reckless as to whether, the information is about
conduct that corrupts or would corrupt a betting outcome of the event or event
contingency—
must not, if the information is relevant to the bet—
(c) bet on the event or event contingency; or
(d) encourage another person to bet on the event or event contingency

in a
particular way; or
(e) communicate the information, or cause the information to be

communicated, to another person who the first person knows or ought reasonably
to know would, or would be likely to, bet on the event or event
contingency.
(2) In a proceeding for an offence against subsection (1)(d) or (e),

it is not necessary to prove that the other person actually bet on the event or
event contingency concerned.
Pt 1 Div. 2C (Heading and ss

195G–195I) inserted by No. 32/2017
s. 8.
Division
2C—Offences against public order

s. 8.
CRIMES ACT 1958

- SECT 195G
Abolition of certain common law offences against public order
The offences at common law of affray, rout and

riot are abolished.

s. 8.
CRIMES ACT 1958

- SECT 195H
Affray
(1) A person who uses or threatens unlawful

violence and whose conduct would cause a person of reasonable firmness present
at the scene to be terrified commits an offence and is liable
to—

(b) imprisonment for 7 years if, at the time of committing the
offence, the person is wearing a face covering
used primarily—
(i) to conceal the person's identity; or
(ii) to protect the person from the effects of a crowd-

controlling
substance.
Example of unlawful violence
Engaging in unlawful fighting with another person.
(2) A person is guilty of an offence under subsection (1) only if the

person intends to use or threaten violence or is reckless as to whether the
person's conduct involves the use of violence or threatens violence.
(3) For the purposes of subsection (1), a threat of unlawful violence

must involve more than words alone.
(4) An offence under subsection (1) may be committed—
(a) in private as well as public places; and
(b) whether or not a person of reasonable firmness is present at the

scene.
(5) For the purpose of subsection (1), if 2 or more persons use or

threaten unlawful violence—
(a) it is the conduct of them taken together that must be considered;

and
(b) it is immaterial whether or not those persons use or threaten

unlawful violence simultaneously.

s. 8.
CRIMES ACT 1958

- SECT 195I
Violent disorder
(1) Violent disorder occurs where 6 or more

persons (the participants) who are present together use or
threaten unlawful violence with a common goal or intention and the conduct of
them, taken together, causes injury to another person or causes damage to
property.
(a) violent disorder may occur in private as well as public

places; and
(b) it is immaterial whether or not the participants use or threaten

unlawful violence simultaneously; and
(c) the common goal or intention may be inferred from the conduct of
the participants.
(3) A participant in violent disorder commits an offence and is

liable to—
(b) level 4 imprisonment (15 years maximum) if, at the time of

committing the offence, the participant is wearing a face
covering used primarily—
(i) to conceal the participant's identity; or
(ii) to protect the participant from the effects of a

crowd-controlling substance.
(4) A person is guilty of an offence under subsection (3) only if the

person intends to use or threaten violence or is reckless as to whether the
person's conduct involves the use of violence or threatens violence.
(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).
Pt 1 Div. 3 (Heading) repealed by No. 9228

s. 2(1)(c), new Pt 1 Div. 3 (Heading) inserted by No. 9228
s. 2(1)(d).
Division
3—Criminal damage to property
Pt 1 Div. 3 Subdiv. (1) (Heading) repealed

by No. 9228 s. 2(1)(c), new Pt 1 Div 3 Subdiv. (1) (Heading) inserted
by No. 9228 s. 2(1)(d).
(1) General offences

and procedural provisions
S. 196 repealed by No. 9228 s. 2(1)(c),

new s. 196 inserted by No. 9228 s. 2(1)(d).
CRIMES ACT 1958

- SECT 196
Definition
(1) In this subdivision—
"property" means property of a tangible nature, whether real or

personal, including money and including wild creatures which have been tamed or
are ordinarily kept in captivity and any other wild creatures or their carcasses
if, but only if, they have been reduced into possession which has not been lost
or abandoned or are in the course of being reduced into possession.
(2) For the purposes of this subdivision property shall be treated as

belonging to any person—
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an

equitable
interest arising only from an agreement to transfer or grant an interest);
or
(c) having a charge on it.
(3) For the purposes of this subdivision property which is subject to a

trust shall be treated as belonging to the trustee or trustees and the person or
persons who have a right to enforce the trust.
(4) For the purposes of this subdivision property of a corporation sole

shall be treated as belonging to the corporation notwithstanding a vacancy in
the corporation.

CRIMES ACT 1958

- SECT 197
Destroying or damaging property
S. 197(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 50(a)), 48/1997 s.
60(1)(Sch. 1 item 70(a)).
(1) A person who intentionally and without lawful excuse destroys or

damages any property belonging to another or to himself and another shall be
guilty of an indictable offence and liable to level 5 imprisonment (10 years
maximum).

s. 119(1)(Sch. 2
item 50(b)), 48/1997 s.
60(1)(Sch. 1 item 70(b)).
(2) A person who intentionally and without lawful excuse destroys or

damages any property, intending by the destruction or damage to endanger the
life of another, shall be guilty of an indictable offence and liable to level 4

s. 119(1)(Sch. 2
item 49), 48/1997 s.
60(1)(Sch. 1 item 70(c)).
(3) A person who dishonestly, with a view to gain for himself or another,
destroys or damages any property shall be guilty of an indictable offence and
(4) For the purposes of subsections (1) and (2) a person who destroys or
damages property shall be taken as doing so intentionally if, but only
if—
(a) his purpose or one of his purposes is to destroy or damage

property;
or
(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—
(a) his purpose or one of his purposes is to endanger the life of

another
by the destruction or damage; or
(b) he knows or believes that the life of another is more likely than
not
to be endangered by the destruction or damage.
(6) An offence against this section committed by destroying or damaging

property by fire shall be charged as arson.
S. 197(7) inserted by No. 95/1994 s. 4,
amended by No. 48/1997 s.
60(1)(Sch. 1 item 70(b)).
(7) A person guilty of arson is liable to level 4 imprisonment (15 years

maximum) despite anything to the contrary in this section.

s. 55.
CRIMES ACT 1958

- SECT 197A
Arson causing death
A person who commits arson as defined in

section 197 and thereby causes the death of another person is guilty of an
indictable offence.

No. 65/2016 s. 20(19).
Note

Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the
requirement to impose a custodial order for this offence unless the
exist.

new s. 198 inserted by No. 9228 s. 2(1)(d), amended by Nos
49/1991 s. 119(1)(Sch. 2
item 51), 48/1997 s.
60(1)(Sch. 1 item 71).
CRIMES ACT 1958

- SECT 198
Threats to destroy or damage property
A person who without lawful excuse makes to

another a threat—
(a) to destroy or damage any property belonging to that other or a

third
person or to himself and that other or a third person; or
(b) to destroy or damage his own property in a way which he knows or

believes is more likely than not to endanger the life of that other or a third
person—
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

new s. 199 inserted by No. 9228 s. 2(1)(d), amended by Nos
49/1991 s. 119(1)(Sch. 2
item 52), 48/1997 s.
60(1)(Sch. 1 item 72).
CRIMES ACT 1958

- SECT 199
Possessing anything with intent to destroy or damage property
A person who has anything in his custody or

under his control—
(a) with the purpose of using it, or causing or permitting another to

use
it, without lawful excuse—
(i) to destroy or damage any property belonging to some other

person or to
himself, the user or both of them and some other person; or
(ii) to destroy or damage any property in a way which he knows

or believes
is more likely than not to endanger the life of some other person; or
(b) with the purpose of using it, or causing or permitting another to

use
it, dishonestly and with a view to gain for himself or another, to destroy or
damage property—

(5 years maximum).

new s. 200 inserted by No. 9228 s. 2(1)(d), repealed by No. 9576
s. 11(1).
* * * * *
CRIMES ACT 1958

- SECT 201
Lawful excuse
(1) This section applies to any offence under

section 197(1), 198(a) or 199(a)(i).
(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) if at the time of the conduct alleged to constitute the offence he

believed—
(i) that the property in question belonged solely to himself;
(ii) that he held a right or interest in the property in

question which
authorized him to engage in the conduct; or
(iii) that the person or persons whom he believed to be entitled

to
consent to the destruction or damage in question had so consented or would have
so consented if he or they had known the circumstances of the destruction or
damage; or
(b) if he engaged in the conduct alleged to constitute the offence in

order to protect property belonging to himself or another or a right or interest
in property which was or which he believed to be vested in himself or another,
and at the time of such conduct he believed—
(i) that the property, right or interest which he sought to

protect was in
immediate need of protection; and
(ii) that the means of protection adopted or proposed to be

adopted were
or would be reasonable having regard to all the circumstances.
(3) For the purposes of this section it is immaterial whether a belief is

justified or not if it is honestly held.
(4) For the purposes of subsection (2) a right or interest in property

includes any right or privilege in or over land, whether created by grant,
licence or otherwise.
(5) This section shall not be construed as taking away or otherwise

affecting any other defence recognized by law as a defence to criminal
charges.

s. 4.
CRIMES ACT 1958

- SECT 201A
Intentionally or recklessly causing a bushfire
(1) A person who—
(a) intentionally or recklessly causes a fire; and
(b) is reckless as to the spread of the fire to vegetation on property

belonging to another—

maximum).
(2) For the purposes of subsection (1)(b), circumstances in which a person

is not to be taken to be reckless as to the spread of a fire include the
following—
(a) the person caused the fire in the course of carrying out a fire
prevention, fire suppression or other land management activity; and
(b) at the time the activity was carried out—
(i) there was in force a provision made by or under an Act or by

a Code of
Practice approved under an Act, that regulated or otherwise applied to the
carrying out of the activity and the person in carrying out that activity acted
in accordance with the provision; and
(ii) the person believed that his or her conduct in carrying out
the
activity was justified having regard to all of the circumstances.
(3) For the purposes of subsection (2)(b)(ii) it is sufficient that a

person honestly believed that the conduct was justified.
(a) a reference to causing a fire includes—
(i) lighting a fire;
(ii) maintaining a fire;
(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 s. 202 inserted by No. 9228 s. 2(1)(d), amended by No.
57/1989 s. 3(Sch. item 42.9(a)–(c)).
CRIMES ACT 1958

- SECT 202
Jurisdiction of magistrates' courts
No rule of law ousting the jurisdiction of the

Magistrates' Court to try offences where a dispute of title to property is
involved shall preclude the Magistrates' Court from trying offences mentioned in
this subdivision or from trying any other offences of destroying or damaging
property.

s. 2(1)(c).
* * * * *
S. 203A inserted by No. 8280 s. 12,

amended by No. 9019 s. 2(1)(Sch. item 35), repealed by No. 9228
s. 2(1)(c).
* * * * *

ss 204, 205) repealed by No. 9228 s. 2(1)(c).
* * * * *

by No. 9228 s. 2(1)(c).
* * * * *
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
No. 6103 s. 206.
CRIMES ACT 1958

- SECT 206
Rioters demolishing buildings[16]
S. 206(1) amended by Nos 9576 s. 11(1),

12/1989 s. 4(1)(Sch. 2 item 20.1) (as amended by No. 13/1990
s. 38(1)(h)), 49/1991
s. 119(1)(Sch. 2
item 53), 48/1997 s.
60(1)(Sch. 1 item 73(a)).
(1) Whosoever is one of any persons riotously and tumultuously assembled

together to the disturbance of the public peace who unlawfully and with force
demolish or pull down or destroy or begin to demolish pull down or destroy any
church chapel meeting-house or other place of divine worship, or any house
stable coach-house outhouse warehouse office shop mill malthouse hop-oast barn
granary shed hovel or fold, or any building or erection used in farming land or
in carrying on any trade or manufacture or any branch thereof, or any building
other than such as are in this section before mentioned belonging to the Queen
or the Government of Victoria or to any municipal council or belonging to any
university, or devoted or dedicated to public use or ornament, or erected or
maintained by public subscription or contribution, or any machinery (whether
fixed or movable) prepared for or employed in any manufacture or any
steam-engine or other engine for sinking working ventilating or draining any
mine, or any staith building or erection used in conducting the business of any
mine or any bridge waggon-way tramway trunk or shoot for conveying minerals from
any mine, shall be guilty of an indictable offence, and shall be liable to
S. 206(2) amended by Nos 9576 s. 11(1),
49/1991 s. 119(1)(Sch. 2
item 51), 48/1997 s.
60(1)(Sch. 1 item 73(b)).
(2) Whosoever is one of any persons riotously and tumultuously assembled

together to the disturbance of the public peace who unlawfully and with force
injure or damage any such place building or erection or thing as is in the last
subsection mentioned, shall be guilty of an indictable offence, and shall be
No. 6103 s. 207.
CRIMES ACT 1958

- SECT 207
Forcible entry
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.

s. 2(2)(Sch. 2 item 55), 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 54), 48/1997 s.
60(1)(Sch. 1 item 74(a)(b)).
(3) Every person who is guilty of a contravention of this section shall be

guilty of a summary offence and liable to level 8 imprisonment (1 year maximum)
or a level 10 fine or both.
Pt 1 Div. 3 Subdivs (4)(5) (Headings and

ss 208–210) repealed by
No. 9228 s. 2(1)(c).
* * * * *
ss 211–222) amended by No.
7876 s. 2(3), repealed by No. 9228 s. 2(1)(c).
* * * * *
Pt 1 Div. 3 Subdiv. (8) (Heading and ss 223,

224) 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
No. 6103 s. 225.
S. 225 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 55), 48/1997 s.
60(1)(Sch. 1 item 75).
CRIMES ACT 1958

- SECT 225
Conveying water into a mine
Whosoever unlawfully and maliciously causes any

water to be conveyed or run into any mine or into any subterraneous passage
communicating therewith with intent thereby to destroy or damage such mine or to
hinder or delay the working thereof, or with the like intent unlawfully and
maliciously pulls down fills up or obstructs or damages with intent to destroy
obstruct or render useless any airway waterway drain pit level shaft or drive of
or belonging to any mine, shall be guilty of an indictable offence, and shall be
liable to level 6 imprisonment (5 years maximum). This provision shall not
extend to any damage committed underground by any owner of any adjoining mine in
working the same or by any person duly employed in such working.
s. 2(1)(c).
* * * * *

repealed by No. 9228 s. 2(1)(c).
* * * * *
No. 6103 s. 228.
S. 228 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 53), 48/1997 s.
60(1)(Sch. 1 item 75).
CRIMES ACT 1958

- SECT 228
Removing etc. piles of sea banks
Whosoever unlawfully and maliciously cuts off

draws up or removes any piles chalk or other materials fixed in the ground and
used for securing any sea bank or sea wall or the bank dam or wall of any river
canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or
lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or
does any other injury or mischief to any navigable river or canal with intent to
obstruct or prevent the carrying on completing or maintaining the navigation
thereof, shall be guilty of an indictable offence, and shall be liable to level

ss 229–231) repealed by
No. 9228 s. 2(1)(c).
* * * * *

by No. 9228 s. 2(1)(c).
* * * * *
No. 6103 s. 232.
S. 232 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 53), 48/1997 s.
60(1)(Sch. 1 item 76).
CRIMES ACT 1958

- SECT 232
Placing things on railways to obstruct or overturn engine etc.[17]
Whosoever unlawfully and maliciously puts places casts or throws upon or

across any railway any wood stone or other matter or thing, or unlawfully and
maliciously takes up removes or displaces any rail sleeper or other thing
belonging to any railway, or unlawfully and maliciously turns moves or diverts
any points or other machinery belonging to any railway, or unlawfully and
maliciously makes or shows hides or removes any signal or light upon or near to
any railway, or unlawfully and maliciously does or causes to be done any other
matter or thing with intent in any such case to obstruct upset overthrow injure
or destroy any engine tender carriage or truck on such railway, shall be guilty
of an indictable offence, and shall be liable to level 5 imprisonment (10 years
maximum).
No. 6103 s. 233.
S. 233 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 56), 48/1997 s.
60(1)(Sch. 1 item 77(a)(b)).
CRIMES ACT 1958

- SECT 233
Obstructing engine, carriage etc. on railway[18]
Whosoever by any unlawful act or by any wilful omission or neglect

obstructs or causes to be obstructed any engine or carriage on any railway, or
aids or assists therein, shall be guilty of a summary offence, and shall be

s. 2(1)(c).
* * * * *
8247 s. 4, repealed by No. 9228 s. 2(1)(c).
* * * * *

s. 236) repealed by No. 9228 s. 2(1)(c).
* * * * *

237, 238) amended by Nos 8181
s. 2(1)(Sch. item 33), 8870
s. 2(1)(2), repealed by No. 9228 s. 2(1)(c).
* * * * *

239–243) repealed by No. 9228 s. 2(1)(c).
* * * * *
No. 6103 s. 244.
S. 244 amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 53), 48/1997 s.
60(1)(Sch. 1 item 76).
CRIMES ACT 1958

- SECT 244
Altering signals or exhibiting false ones
Whosoever unlawfully masks alters or removes any

light or signal or exhibits any false light or signal with intent to bring any
ship vessel or boat into danger, or unlawfully and maliciously does anything
tending to the immediate loss or destruction of any ship vessel or boat and for
which no punishment is hereinbefore provided, shall be guilty of an indictable
offence, and shall be liable to level 5 imprisonment (10 years
maximum).
No. 6103 s. 245.
S. 245 amended by Nos 8181

s. 2(1)(Sch. item 36), 9576
s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 52), 48/1997 s.
60(1)(Sch. 1 item 78).
CRIMES ACT 1958

- SECT 245
Removing buoy etc.
Whosoever unlawfully and maliciously cuts away

casts adrift removes alters defaces sinks or destroys or in any other manner
injures or conceals, or unlawfully and maliciously does any act with intent to
cut away cast adrift remove alter deface sink destroy, or in any other manner
injure or conceal, any boat buoy rope perch or mark used or intended for the
guidance of seamen or the purpose of navigation, shall be guilty of an
maximum).

s. 2(1)(c).
* * * * *

by No. 7088 s. 2(d), repealed by No. 9228
s. 2(1)(c).
* * * * *

(Heading) inserted by No. 9228 s. 2(1)(g).
(4) Injuries to
aircraft
S. 246A inserted by No. 7088 s. 2(d),

amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 49), 48/1997 s.
60(1)(Sch. 1 item 79).
CRIMES ACT 1958

- SECT 246A
Endangering safe operation of an aircraft
Any person who does any act or thing with intent

to prejudice the safe operation of an aircraft shall be guilty of an indictable
S. 246B inserted by No. 7088 s. 2(d),

amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 53), 48/1997 s.
60(1)(Sch. 1 item 80).
CRIMES ACT 1958

- SECT 246B
Setting fire etc. to aircraft
Any person who unlawfully and maliciously sets

fire to or in any way destroys any aircraft whether complete or incomplete shall
be guilty of an indictable offence and shall be liable to level 4 imprisonment
(15 years maximum).
S. 246C inserted by No. 7088 s. 2(d),

amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 57), 48/1997 s.
60(1)(Sch. 1 item 81).
CRIMES ACT 1958
- SECT 246C
Endangering safety of aircraft
Any person who while on board an aircraft does

any act or thing that is likely to endanger the safety of the aircraft shall be
guilty of an indictable offence and shall be liable to level 5 imprisonment (10
years maximum).

s. 2(d).
CRIMES ACT 1958

- SECT 246D
Dangerous goods on aircraft
S. 246D(1)
amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 57), 48/1997 s.
60(1)(Sch. 1 item 82).
(1) Subject to this section any person who—
(a) carries or places dangerous goods on board an aircraft;
(b) delivers dangerous goods to a person for the purpose of their

being
placed on board an aircraft; or
(c) has dangerous goods in his possession on board an

aircraft—

(2) This section does not apply—
(a) to or in relation to any act done with the consent of the owner or
operator of the aircraft given with a knowledge of the nature of the goods
concerned; or
(b) to or in relation to the carrying or placing of firearms or

ammunition
for firearms on board an aircraft with permission granted under the Air
Navigation Regulations of the Commonwealth.
(3) In this section "dangerous goods" means—
(a) firearms, ammunition, weapons and explosive substances; and

(b) substances or things that, by reason of their nature or condition,
may
endanger the safety of an aircraft or of persons on board an aircraft.
S. 246E inserted by No. 7088 s. 2(d),

amended by Nos 9576 s. 11(1), 49/1991
s. 119(1)(Sch. 2
item 57), 48/1997 s.
60(1)(Sch. 1 item 82).
CRIMES ACT 1958

- SECT 246E
Threats to safety of aircraft
Any person who threatens, states that it is his

intention, or makes a statement from which it could reasonably be inferred that
it is his intention to destroy damage or endanger the safety of an aircraft or
to kill or injure all or any of the persons on board an aircraft shall be guilty
of an indictable offence and liable to level 6 imprisonment (5 years
maximum).
Pt 1 Div. 3 Subdiv. (15B) (Heading) inserted

by No. 9155 s. 4(a), repealed by No. 9228
s. 2(1)(c).
* * * * *
S. 246F inserted by No. 7088 s. 2(d),

substituted by No. 9155 s. 4(b), repealed by No. 9228
s. 2(1)(c).
* * * * *
Pt 1 Div. 3 Subdiv. (5) (Heading) inserted

by No. 9228 s. 2(1)(h) (as amended by No. 9427
s. 6(1)).
(5) False
statements
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).
CRIMES ACT 1958

- SECT 247
False statements
Any person who makes a statement or conveys

information, being a statement or information that he knows to be false, to the
effect or from which it could reasonably be inferred that there has been or is
to be a plan, proposal, attempt, conspiracy or threat to—
(a) take or exercise control by force or violence of any building

(including any structure in the nature of a building or any bridge or mine)
aircraft, vessel, motor vehicle or engine or carriage used upon a
railway;
(b) destroy, damage or endanger the safety thereof; or
(c) kill or injure all or any of the persons therein or

thereon—


ss 247A–247I) inserted by No. 10/2003 s. 5.
(6) Computer
offences
s. 5.
CRIMES ACT 1958

- SECT 247A
Interpretation
"access", in relation to data held in a computer,

means—
(a) the display of the data by the computer or any other output of the
data from the computer; or
(b) the copying or moving of the data to any other place in the
computer
or to a data storage device; or
(c) in the case of a program, the execution of the program;
data includes—
(a) information in any form; and
(b) any program or part of a program;
"data held in a computer" includes—
(a) data entered or copied into the computer; and
(b) data held in any removable data storage device for the time being
in
the computer; and
(c) data held in a data storage device on a computer network of which

the
computer forms part;
"data storage device" means any thing (for example, a disk or

file server) containing or designed to contain data for use by a
computer;
electronic communication means a communication of information

in any form by means of guided or unguided electromagnetic energy;
"impairment", in relation to electronic communication to

or from a computer, includes—
(a) the prevention of any such communication; and
(b) the impairment of any such communication on an electronic link or

network used by the computer—
but does not include a mere interception of any such communication;

"modification", in relation to data held in a computer,
means—
(a) the alteration or removal of the data; or
(b) an addition to the data;
"serious computer offence" means—
(a) an offence against section 247B, 247C or 247D; or
(b) conduct in another jurisdiction that is an offence in that

jurisdiction and that would constitute an offence against section 247B, 247C or
247D if the conduct occurred in Victoria;
"unauthorised computer function" means any of the

following—
(a) any unauthorised access to data held in a computer; or
(b) any unauthorised modification of data held in a computer; or
(c) any unauthorised impairment of electronic communication to or from

a
computer.
(2) In this Subdivision, a reference to access to data, modification of

data or impairment of electronic communication is limited to access,
modification or impairment caused (whether directly or indirectly) by the
execution of a function of a computer.
(3) For the purposes of this Subdivision, access to data, modification of

data or impairment of electronic communication by a person—
(a) is unauthorised if the person is not entitled to cause that

access,
modification or impairment;
(b) is not unauthorised merely because the person has an ulterior

purpose
for that action.
(4) For the purposes of an offence against this Subdivision, a person

causes an unauthorised computer function if the person's conduct substantially
contributes to the unauthorised computer function.

s. 5.
CRIMES ACT 1958

- SECT 247B
Unauthorised access, modification or impairment with intent to commit serious
offence
(1) A person who causes any unauthorised

computer function—
(a) knowing it is unauthorised; and
(b) with the intention of committing a serious offence or facilitating

the
commission of a serious offence (whether by the person or by another
person)—
is guilty of an offence and liable to the same maximum penalty as applies

to the commission of the serious offence in Victoria.
(2) In this section "serious offence" means—
(a) an offence in Victoria punishable on conviction for a first

offence
with imprisonment for a term of 5 years or more; or
(b) an offence in any other jurisdiction that would be punishable on

conviction for a first offence with imprisonment for a term of 5 years or
more if committed in Victoria.
(3) A person may be found guilty of an offence against this

section—
(a) even if committing the serious offence is impossible; or
(b) whether the serious offence is to be committed at the time of the

unauthorised conduct or at a later time.
(4) It is not an offence to attempt to commit an offence against this

section.

s. 5.
CRIMES ACT 1958

- SECT 247C
Unauthorised modification of data to cause impairment
A person who—
(a) causes any unauthorised modification of data held in a computer;

and
(b) knows that the modification is unauthorised; and
(c) intends by the modification to impair access to, or to impair the

reliability, security or operation of, any data held in a computer or is
reckless as to any such impairment—

maximum).

s. 5.
CRIMES ACT 1958

- SECT 247D
Unauthorised impairment of electronic communication
A person who—
(a) causes any unauthorised impairment of electronic communication to

or
from a computer; and
(b) knows that the impairment is unauthorised; and
(c) intends to impair electronic communication to or from the computer

or
is reckless as to any such impairment—

maximum).

s. 5.
CRIMES ACT 1958

- SECT 247E
Possession of data with intent to commit serious computer offence
(1) A person who is in possession or control of

data—
(a) with the intention of committing a serious computer offence; or
(b) with the intention of facilitating the commission of a serious

computer offence (whether by the person or by another person)—

3 years.
(2) In this section, a reference to a person having possession or control

of data includes a reference to a person—
(a) having possession of a computer or data storage device that holds

or
contains the data; and
(b) having possession of a document in which the data is recorded;

and
(c) having control of data held in a computer that is in the

possession of
another person (whether the computer is in Victoria or outside
Victoria).
if committing the serious computer offence is impossible.
(4) It is not an offence to attempt to commit an offence against this
section.

s. 5.
CRIMES ACT 1958

- SECT 247F
Producing, supplying or obtaining data with intent to commit serious computer
offence
(1) A person who produces, supplies or obtains

data—
(a) with the intention of committing a serious computer offence;

or
(b) with the intention of facilitating the commission of a serious

computer offence (whether by the person or by another person)—

3 years.
(2) In this section, a reference to a person producing, supplying or

obtaining data includes a reference to the person—
(a) producing, supplying or obtaining data held in a computer or

contained
in a data storage device; and
(b) producing, supplying or obtaining a document in which the data is

recorded.
if committing the serious computer offence is impossible.

s. 5.
CRIMES ACT 1958

- SECT 247G
Unauthorised access to or modification of restricted data
(1) A person who—
(a) causes any unauthorised access to or modification of restricted

data
held in a computer; and
(b) knows that the access or modification is unauthorised; and
(c) intends to cause the access or modification—

maximum).
(2) An offence against this section is a summary offence.
(3) In this section "restricted data" means data held in a

computer to which access is restricted by an access control system associated
with a function of the computer.

s. 5.
CRIMES ACT 1958

- SECT 247H
Unauthorised impairment of data held in computer disk, credit card or other device
(1) A person who—
(a) causes any unauthorised impairment of the reliability, security or

operation of data held on a computer disk, credit card or other device used to
store data by electronic means; and
(b) knows that the impairment is unauthorised; and
(c) intends to cause the impairment—

maximum).
(2) An offence against this section is a summary offence.
(3) For the purposes of this section, impairment of reliability, security

or operation of data is unauthorised if the person is not entitled to cause the
impairment.

s. 5.
CRIMES ACT 1958

- SECT 247I
Extra-territorial operation of offences
(1) It is immaterial that some or all of the

conduct constituting an offence against this Subdivision occurred outside
Victoria, so long as the computer or device used to store data by electronic
means affected by the conduct was in Victoria at the time at which the conduct
occurred.
(2) It is immaterial that the computer or device used to store data by

electronic means affected by some or all of the conduct constituting an offence
against this Subdivision was outside Victoria at the time the conduct occurred,
so long as that conduct occurred in Victoria.

ss 247J–247L) inserted by No. 10/2003 s. 6.
(7)
Sabotage
s. 6.
CRIMES ACT 1958

- SECT 247J
Interpretation
"property offence" means—
(a) an offence against Subdivision (1) of this Division or Division 4;

or
(b) conduct in another jurisdiction that is an offence in that

jurisdiction and that would constitute an offence against Subdivision (1) of
this Division or Division 4 if the conduct occurred in Victoria;
public facility means any of the following (whether publicly

or privately owned)—
(a) a government facility, including premises used by government

employees
in connection with official duties;
(b) a public infrastructure facility, including a facility providing

or
distributing water, sewerage, energy, fuel, communication or other services to,
or for the benefit of, the public;
(c) a public information system, including a system used to generate,

send, receive, store or otherwise process electronic communications;
(d) a public transport facility, including a conveyance used to

transport
people or goods;
(e) a public place, including any premises, land or water open to the
public;
unauthorised computer function has the same meaning as in

Subdivision (6).
(2) In this Subdivision "damage", in relation to a public

facility, means—
(a) cause damage to the facility or any part of the facility; or
(b) cause disruption to the use or operation of the facility.
(3) For the purposes of an offence against this Subdivision, a person

causes any damage or disruption if the person's conduct substantially
contributes to the damage or disruption.

s. 6.
CRIMES ACT 1958

- SECT 247K
Sabotage
A person who—
(a) damages a public facility by committing a property offence or by

causing an unauthorised computer function; and
(b) intends to cause—
(i) major disruption to government functions; or
(ii) major disruption to the use of services by the public; or
(iii) major economic loss—

maximum).

s. 6.
CRIMES ACT 1958

- SECT 247L
Threats to sabotage
(1) A person who—
(a) makes to another person a threat to damage a public facility by

committing a property offence or by causing an unauthorised computer function;
and
(b) intends that person to fear that the threat will be carried out
and
will cause—
(i) major disruption to government functions; or
(ii) major disruption to the use of services by the public; or
(iii) major economic loss—

maximum).
(2) In the prosecution of an offence against this section it is not
necessary to prove that the person threatened actually feared that the threat
would be carried out.
(a) a threat may be made by any conduct and may be explicit or

implicit,
conditional or unconditional; and
(b) a threat to a person includes a threat to a group of persons;

and
(c) fear that a threat will be carried out includes apprehension that
it
will be carried out.

s. 247) repealed by No. 9228 s. 2(1)(c).
* * * * *

s. 248) amended by No. 8870 s. 3, repealed by No. 9228
s. 2(1)(c).
* * * * *

ss 249–251) repealed by No.
9228 s. 2(1)(c).
* * * * *
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

s. 5, amended by Nos 48/1997
s. 60(1)(Sch. 1 item 84), 69/1997 s. 22(6), substituted by No. 65/1998
s. 5.
CRIMES ACT 1958

- SECT 248
Interpretation
"contaminate", in relation to goods, includes—
(a) interfere with the goods; or

(b) making it appear that the goods have been contaminated or
interfered
with;
"goods" includes any substance—
(a) whether or not for human consumption; and
(b) whether natural or manufactured; and
(c) whether or not incorporated or mixed with other goods.
(2) In this Division, a reference to economic loss caused through public

awareness of the contamination of goods includes a reference to economic loss
caused through—
(a) members of the public not purchasing or using those goods or

similar
goods; or
(b) steps taken to avoid public alarm or anxiety or to avoid harm to

members of the public.
S. 249 (Heading) inserted by No.

66/2005 s. 3(1).

s. 5, amended by No. 66/2005 s. 3(2)(a).
CRIMES ACT 1958

- SECT 249
Contaminating goods with intent to cause, or being reckless as to whether it would
cause, public alarm or economic loss
A person must not contaminate goods with the

intention of causing, or being reckless as to whether or not the contamination
would cause—

s. 3(2)(b).
(a) public alarm or anxiety; or

s. 3(2)(b).
(b) economic loss through public awareness of the contamination.
Penalty: Level 5 imprisonment (10 years maximum) or a level 5 fine

(1200 penalty units maximum) or both.
Note to s. 249 inserted by No.

80/2001 s. 7(1).
Note
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

66/2005 s. 4(1).

s. 5.
CRIMES ACT 1958

- SECT 250
Threatening to contaminate goods with intent to cause, or being reckless as to
whether it would cause, public alarm or economic loss
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—
S. 250(1)(a) amended by No. 66/2005

s. 4(2)(b).
(a) public alarm or anxiety; or
S. 250(1)(b) amended by No. 66/2005

s. 4(2)(a)(b).
(b) economic loss through public awareness of the threat.

(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.

80/2001 s. 7(2).
Note

commission of an offence against this section.

66/2005 s. 5(1).

s. 5.
CRIMES ACT 1958

- SECT 251
Making false statements concerning contamination of goods with intent to cause, or
being reckless as to whether it would cause, public alarm or economic loss
(1) A person must not make a statement that the

person believes to be false—
(a) with the intention of inducing the person to whom the statement is
made or others to believe that goods have been contaminated; and
S. 251(1)(b) amended by No. 66/2005

s. 5(2)(a).
(b) with the intention of thereby causing, or being reckless as to

whether
or not the statement would cause—
S. 251(1)(b)(i) amended by No. 66/2005

s. 5(2)(b).
(i) public alarm or anxiety; or

S. 251(1)(b)(ii) amended by No. 66/2005
s. 5(2)(b)(c).
(ii) economic loss through public awareness of the statement.

(2) For the purposes of this section, making a statement includes

conveying information by any means.

80/2001 s. 7(3).
Note


s. 5, amended by No. 66/2005 s. 6(a).
CRIMES ACT 1958

- SECT 252
Territorial nexus for offences
It is immaterial that the conduct of a person

constituting an offence under this Division occurred outside Victoria, so long
as the person intended by that conduct to cause, or was reckless as to whether
or not that conduct would cause—

s. 6(b).
(a) public alarm or anxiety in Victoria; or

s. 6(b).
(b) economic loss in Victoria through public awareness of the

contamination.

ss 290–313) amended by Nos 7876 s. 2, 8181 s. 2(Sch. item
33), 9554 s. 2(2)(Sch. 2 items 56, 57), 9576 s. 11(1), 9848
s. 18(1), repealed by No. 25/1989 s. 8(1), new Pt 1
Div. 5 (Heading and ss 253–255) inserted by No. 6/2006
s. 3.
Division
5—Destruction of evidence

s. 3.
CRIMES ACT 1958

- SECT 253
Definitions
In this Division—
"associate", in relation to a body corporate,

means—
(a) an employee or agent of the body corporate to the extent that he

or
she is acting within the actual or apparent scope of his or her employment or
within his or her actual or apparent authority; or
(b) an officer of the body corporate;
"board of directors" means the body (by whatever name called)

exercising the executive authority of the body corporate;
"corporate culture" means an attitude, policy, rule, course of

conduct or practice existing within the body corporate generally or in the part
of the body corporate in which the relevant conduct is carried out or the
relevant intention formed;
S. 253 def. of legal proceeding

"legal proceeding" has the same meaning as in the Evidence

(Miscellaneous Provisions) Act 1958;
"officer", in relation to a body corporate, means an officer

(as defined by section 9 of the Corporations Act) of the body corporate to
the extent that he or she is acting within the actual or apparent scope of his
or her employment or within his or her actual or apparent authority;
"relevant conduct" means the destruction, concealment, or

rendering illegible, undecipherable or incapable of identification, of a
document or other thing of any kind;
"relevant intention" means the intention of preventing a

document or other thing of any kind from being used in evidence in a legal
proceeding.

s. 3.
CRIMES ACT 1958

- SECT 254
Destruction of evidence
(1) A person who—
(a) knows that a document or other thing of any kind is, or is

reasonably
likely to be, required in evidence in a legal proceeding; and
(b) either—
(i) destroys or conceals it or renders it illegible,

undecipherable or
incapable of identification; or
(ii) expressly, tacitly or impliedly authorises or permits

another person
to destroy or conceal it or render it illegible, undecipherable or incapable of
identification and that other person does so; and
(c) acts as described in paragraph (b) with the intention of

preventing it
from being used in evidence in a legal proceeding—
is guilty of an indictable offence and liable to level 6 imprisonment (5

years maximum) or a level 6 fine or both.
Notes
Note 1 to s. 254(1) substituted by

No. 69/2009 s. 40.
1 Document is defined in the Evidence Act
2008.
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.

s. 3.
CRIMES ACT 1958

- SECT 255
Corporate criminal responsibility for offence against section 254
(1) For the purposes of a proceeding against a

body corporate for an offence against section 254—
(a) relevant conduct engaged in by an associate of the body corporate

must
also be attributed to the body corporate; and
(b) knowledge of an associate of the body corporate must also be

attributed to the body corporate; and
(c) intention—
(i) of the body corporate's board of directors; or
(ii) of an officer of the body corporate; or
(iii) of any other associate of the body corporate if a

corporate culture
existed within the body corporate that directed, encouraged, tolerated or led to
the formation of that intention—
must also be attributed to the body corporate.
(2) If an officer of a body corporate contravenes section 254, the body

corporate must be taken to have also contravened that section and may be
proceeded against and found guilty of an offence against that section whether or
not the officer has been proceeded against or found guilty of that
offence.
(3) In a proceeding against a body corporate for an offence against

section 254, brought in reliance on subsection (2), it is a defence to the
charge for the body corporate to prove that it exercised due diligence to
prevent the contravention of that section by the officer.
(4) The means by which authorisation or permission as required by section

254(1)(b)(ii) may be established include—
(a) proving that an officer of the body corporate gave that

authorisation
or permission; or
(b) proving that the body corporate's board of directors gave that
authorisation or permission; or
(c) proving that a corporate culture existed within the body corporate
that directed, encouraged, tolerated or led to the relevant conduct being
carried out.
(5) Subsection (4)(a) does not apply if the body corporate proves that it
exercised due diligence to prevent the authorisation or permission being
given.
(6) Factors relevant to the application of subsection (1)(c)(iii) or

(4)(c) include—
(a) whether authority to commit an offence against section 254 or an

offence of a similar character had been given by an officer of the body
corporate; and
(b) whether the associate of the body corporate who carried out the
relevant conduct or formed the relevant intention believed on reasonable
grounds, or entertained a reasonable expectation, that an officer of the body
corporate would have authorised or permitted the relevant conduct being carried
out with the relevant intention.
(7) Subject to subsection (8), it is not necessary that each element of an

offence against section 254 that is attributed to a body corporate by force of
subsection (1) be supplied by the same associate of the body
corporate.
(8) It is necessary that the elements referred to in section 254(1)(b)(i)

and (c) be supplied by the same associate of the body corporate.
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.

s. 40.
CRIMES ACT 1958

- SECT 256
Interpretation
(1) For the purposes of this Division, a person

is involved in a criminal investigation if the person is—
(a) a witness of an alleged crime or crimes being investigated;

or
(b) a victim of an alleged crime or crimes being investigated;

or
(c) involved in the investigation in any other capacity.
(2) For the purposes of this Division, a person is involved in a criminal

proceeding if the person is—
(a) a witness in that proceeding; or
(b) a juror in that proceeding; or
(c) involved in the proceeding in any other capacity.
"detriment", to a person, includes—
(a) loss or damage to a person's property or business;
(b) discrimination, disadvantage or adverse treatment in relation to a

person's employment, career, business, trade, profession or
enterprise.

s. 40.
CRIMES ACT 1958

- SECT 257
Intimidation or reprisals relating to involvement in criminal investigation or
criminal proceeding
(1) A person (the offender) must

not—
(a) use or procure the use of intimidation towards a person (the

victim);
or
(b) cause or procure any physical harm or detriment of any kind to a

person (the victim)—
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.
(2) For the purposes of subsection (1)(a), a person uses intimidation

towards a victim if—
(a) the person engages in conduct that could reasonably be expected

to arouse apprehension or fear in the victim for the safety of the victim or
another person or of detriment to the victim or another person; and
(b) either—
(i) the person knows that engaging in that conduct would be

likely to
arouse that apprehension or fear; or

have
known that engaging in that conduct would be likely to arouse that apprehension
or fear.
(3) Subsection (2) applies whether or not the conduct arouses apprehension
or fear in the victim.
(4) Subsection (1) does not apply to conduct engaged in by a person

performing official duties for the purpose of—
(a) the enforcement of the criminal law; or
(b) the administration of any Act; or
(c) the enforcement of a law imposing a pecuniary penalty; or
(d) the execution of a warrant; or
(e) the protection of public revenue—
that, but for this subsection, would constitute an offence against

subsection (1).
(5) In a proceeding for an offence against subsection (1) it is a defence

to the charge for the accused to prove that the conduct was engaged in without
malice—

enterprise (including that of any body or person whose business, or whose
principal business, is the publication, or arranging the publication, of news or
current affairs material); or
(b) for the purpose of an industrial dispute; or

or communicating with respect to public affairs.
(6) For the purposes of this section, it is immaterial

that—
(a) some or all of the conduct constituting an offence against
subsection
(1) occurred outside Victoria, so long as the victim was in Victoria at the
time at which that conduct occurred; or
(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
(c) some or all of the conduct constituting an offence against

subsection
(1) occurred outside Victoria and the victim was outside Victoria at the
relevant time or times, so long as the relevant criminal investigation or
criminal proceeding is occurring, occurred, will occur or may occur in
Victoria.
Division
6—Perjury
No. 6103 s. 314.
CRIMES ACT 1958

- SECT 314
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).
(1) Whosoever commits wilful and corrupt perjury or subornation of perjury

shall be liable to level 4 imprisonment (15 years maximum).
(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.
S. 314(3) amended by No. 6/2018 ss 63,

68(Sch 2 item 35.2).
(3) Where by or under any Act it is required or authorized that facts

matters or things be verified or otherwise assured or ascertained by or upon
the oath affirmation or affidavit of some or any person, any person who in
any such case takes or makes any oath or affirmation so required
or authorized and who knowingly wilfully and corruptly upon such oath or
affirmation deposes swears to or affirms or makes any false statement as to any
such fact matter or thing, and any person who knowingly wilfully and corruptly
upon oath or by affirmation deposes to the truth of any statement for so
verifying assuring or ascertaining any such fact matter or thing or purporting
so to do, or who knowingly wilfully and corruptly takes makes signs or
subscribes any such affirmation or affidavit as to any such fact matter or
thing, such statement affirmation or affidavit being untrue wholly or in part,
or who knowingly wilfully and corruptly omits from any such affirmation
or affidavit made or sworn under the provisions of any law any matter
which by the provisions of such law is required to be stated in such
affirmation or affidavit, shall be deemed guilty of wilful and corrupt
perjury. Nothing herein contained shall affect any case amounting to perjury at
the common law or the case of any offence in respect of which other provision is
made by any Act.
Note to s. 314(3) inserted by No.

6/2018 s. 68(Sch. 2 item 35.4).
Note
Making a false statutory declaration is a separate offence under

section 36 of the Oaths and Affirmations Act 2018.
No. 6103 s. 315.
S. 315 amended by No. 6/2018

s. 68(Sch. 2 item 35.5).
CRIMES ACT 1958

- SECT 315
All evidence material with respect to perjury
All evidence and proof whatsoever, whether

given or made orally or by or in any affidavit examination statutory
declaration or deposition, shall be deemed and taken to be material
with respect to the liability of any person to be proceeded against
and punished for perjury or subornation of perjury.
Division
7—Unlawful oaths
No. 6103 s. 316.
CRIMES ACT 1958

- SECT 316
Unlawful oaths to commit treason, murder etc.
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)).
(1) Every person who—

S. 316(1)(a) amended by No. 9019
s. 2(1)(Sch. item 38).
(a) administers or is present at and consents to the administering of

any
oath or engagement in the nature of an oath purporting to bind the person who
takes it to commit treason or murder; or
(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—
shall be guilty of an indictable offence, and shall be liable to level 5

S. 316(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 52), 48/1997 s.
60(1)(Sch. 1 item 86(b)).
(2) Every person who—
(a) administers or is present at and consents to the administering of

any
oath or engagement in the nature of an oath purporting to bind the person who
takes it to act in any of the ways following (that is to say):—
(i) to engage in any mutinous or seditious enterprise;
S. 316(2)(a)(ii) amended by No. 9019

s. 2(1)(Sch. item 39).
(ii) to commit any indictable offence other than treason or

murder;
(iii) to disturb the public peace;
(iv) to be of any association society or confederacy formed for

the
purpose of doing any such act as aforesaid;
(v) to obey the order or commands of any committee or body of

men not
lawfully constituted or of any leader or commander or other person not having
authority by law for that purpose;
(vi) not to inform or give evidence against any associate

confederate or
other person;
(vii) not to reveal or discover any unlawful association society

or
confederacy or any illegal act done or to be done or any illegal oath or
engagement that may have been administered or tendered to or taken by himself or
any other person or the import of any such oath or engagement; or
(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—
shall be guilty of an indictable offence, and shall be liable to level 6


s. 3(Sch. item 42.14), 68/2009 s. 97(Sch. item
40.10).
(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.
S. 316(4) amended by No. 57/1989

s. 3(Sch. item 42.15).
(4) A person who has been tried and convicted or acquitted on a charge of
any of the offences mentioned in this section shall not be afterwards prosecuted
upon the same facts for treason or for failing when he knows that any person
intends to commit treason to give information thereof with all reasonable
despatch to a magistrate or use other reasonable endeavours to prevent the
commission of the crime.
Division
8—Offences connected with
explosive substances[19]
No. 6103 s. 317.

CRIMES ACT 1958
- SECT 317
Offences connected with explosive substances
(1) In this Division unless inconsistent with

the context or subject-matter—
S. 317(1) def. of explosive

substance amended by No. 25/2009 s. 4(1)(a).
"explosive substance" includes—
(a) any material for making any explosive substance;
(b) any apparatus machine implement or materials used or intended to

be
used or adapted for causing or aiding in causing any explosion in or with any
explosive substance; and
(c) any part of any such apparatus machine or implement;
S. 317(1) def. of
public place inserted by
No. 25/2009 s. 4(1)(b).

S. 317(1) def. of
vehicle inserted by
No. 25/2009 s. 4(1)(b).

vessel.
S. 317(2) amended by Nos 9576 s. 11(1),

49/1991 s. 119(1)(Sch. 2
item 59), 48/1997 s.
60(1)(Sch. 1 item 87(a)).
(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
S. 317(3) amended by Nos 9576 s. 11(1),

101/1986 s. 56, 49/1991
s. 119(1)(Sch. 2
item 60(a)), 48/1997 s.
60(1)(Sch. 1 item 87(b)).
(3) Any person who unlawfully and maliciously—
(a) does any act with intent to cause by an explosive substance or

conspires to cause by an explosive substance an explosion of a nature likely to
endanger life or to cause serious injury to property; or
(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
maximum).
S. 317(4) amended by Nos 9576 s. 11(1),

101/1986 s. 56, 49/1991
s. 119(1)(Sch. 2
item 60(b)), 48/1997 s.
60(1)(Sch. 1 item 87(c)).
(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
S. 317(5) amended by No. 9576 s. 11(1),

* * * * *

s. 18(1).
* * * * *

s. 19(a), 35/1996 s. 453(Sch.
1 item 16.1(a)–(c)), 68/2009
s. 97(Sch. item 40.11).
(7) In any indictment the same criminal act may be charged in different
charges as constituting different crimes under this Division, and upon the trial
of any such indictment the prosecution shall not be put to its election as to
the charge on which it must proceed.
S. 317(8) amended by No. 68/2009

s. 97(Sch. item 40.12).
(8) This Division shall not exempt any person from any indictment or
proceeding for a crime or offence which is punishable at common law or by any
enactment other than this Division but no person shall be punished twice for the
same criminal act.
S. 317(9)(a) amended by Nos 8179 s. 4,

57/1989 s. 3(Sch. item 42.16(a)), 25/2009 s. 4(2), 37/2014
s. 10(Sch. item 36.9), 6/2018 s. 68(Sch. 2 item
35.3).
(9) (a) If a magistrate is satisfied by the evidence on oath

or by affirmation or by affidavit of any police officer above the rank of
senior sergeant authorized in writing by the Chief Commissioner of Police
(whether generally or in any particular case) in that behalf that there is
reasonable ground for suspecting that an offence under this Division has
been, is being, or is about to be committed he may grant a search
warrant authorizing any police officer named therein to enter at any time any
premises or place (including any vehicle on or in the premises or place)
mentioned in the warrant, or a particular vehicle mentioned in the warrant
located in a public place, if necessary by force, and to search the
premises, place or vehicle and every person found therein, and to seize
and detain any explosive substance which he finds on the premises or
place, or on or in the vehicle, or on any such person, in respect of which
or in connexion with which he has reasonable grounds for suspecting that an
offence under this Division has been, is being, or is about to be
committed.
S. 317(9)(b) amended by Nos 25/2009

s. 4(3), 37/2014 s. 10(Sch. item 36.9).
(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. 317(9)(c) amended by Nos 8731

s. 173, 57/1989 s. 3(Sch. item 42.16(b)).
(c) Save as aforesaid 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.
(d) The provisions of this section shall be read and construed as in

aid
and not in derogation of the provisions with regard to warrants to search
contained in the said Act or
elsewhere[20].

s. 6.
CRIMES ACT 1958
- SECT 317A
Bomb hoaxes
S. 317A(1)
amended by Nos 48/1997 s.
60(1)(Sch. 1 item 88), 69/1997s.
22(7).
(1) A person must not—
(a) place an article or substance in any place; or
(b) send an article or substance by any means of

transportation—
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.


s. 60(1)(Sch. 1 item 88),
69/1997s.
22(7).
(2) A person must not, whether within or outside Victoria, make a

statement or convey information to another person which the person making the
statement or conveying the information knows or believes to be false with the
intention of inducing in that person or any other person a belief that an
article or substance liable to explode or ignite or discharge a dangerous or
deleterious matter is present in any place in Victoria.

(3) For a person to be guilty of an offence against subsection (1) or (2)

it is not necessary for him or her to have any particular person in mind as the
person in whom he or she intends to induce the belief referred to in that
subsection.
Note to s. 317A inserted by No.

80/2001 s. 7(4)
Note

Pt 1 Div. 8A (Heading)
Pt 1 Div. 8A (Heading and ss

317AB–317AG) inserted by No. 65/2017
s. 3.
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.
CRIMES ACT 1958

- SECT 317AB
Interpretation
"custodial officer "has the same meaning as in section

10AA(8) of the Sentencing Act 1991;
S. 317AB(1) def. of emergency

worker amended by No. 65/2017
s. 5(1)(a).
"emergency worker "has the same meaning as in section

10AA(8) of the Sentencing Act 1991;
S. 317AB(1) def. of youth
justice custodial worker inserted by No. 65/2017
s. 5(1)(b).
"youth justice custodial worker "has the same meaning as in

section 10AA(8) of the Sentencing Act 1991.
(2) For the purposes of this Division—
(a) an emergency worker is on duty if they would be on duty for the

purposes of section 10AA(9) of the Sentencing Act 1991;
and
S. 317AB(2)(b) amended by
No. 65/2017 s. 5(2)(a).
(b) a custodial officer is on duty if they would be on duty for the

purposes of section 10AA(10) of the Sentencing Act 1991;
and
S. 317AB(2)(c) inserted by
No. 65/2017 s. 5(2)(b).
(c) a youth justice custodial worker is on duty if they would be on

duty for the purposes of section 10AA(11) of the Sentencing
Act 1991.
S. 317AC (Heading) amended by

No. 65/2017 s. 6.
S. 317AC inserted by
No. 65/2017 s. 3.
CRIMES ACT 1958

- SECT 317AC
Intentionally exposing an emergency worker, a custodial officer or a youth justice
custodial worker to risk by driving
(1) A person who—
S. 317AC(1)(a) amended by
No. 65/2017 s. 7(1).
(a) drives a motor vehicle in the vicinity of another person who is an

emergency worker on duty, a custodial officer on duty or a youth
justice custodial worker on duty; and
S. 317AC(1)(b) amended by
Nos 65/2017 s. 7(2), 3/2019 s. 5(1).
(b) knows that, or is reckless as to whether, the other person is an

emergency worker, a custodial officer or a youth justice custodial worker;
and
(c) without lawful excuse, drives the motor vehicle and intends to
expose
the other person to a risk to safety—

maximum).
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).
(a) the other person has identified themselves as an emergency worker,

a
custodial officer or a youth justice custodial worker; or
(b) the other person is inside or in the vicinity of a vehicle

which—
(i) bears the livery or insignia of an emergency service;

or
(ii) is displaying a flashing blue or red light (whether or not

it is displaying other lights); or
(iii) is sounding an alarm; or
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]
(3) A person may be found guilty of an offence under subsection (1)

irrespective of whether the emergency worker, custodial officer or youth
justice custodial worker was injured by the conduct of the person driving the
motor vehicle.
Notes to s. 317AC(3) amended by

Nos 65/2017 s. 7(4), 48/2018 s. 93, repealed by No. 23/2020
s. 17(1).
* * * * *
Notes to s. 317AC inserted by

No. 23/2020 s. 17(2).
Notes

Sentencing Act 1991 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. 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 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 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 (Heading) amended by

No. 65/2017 s. 8.
S. 317AD inserted by
No. 65/2017 s. 3.
CRIMES ACT 1958

- SECT 317AD
Aggravated offence of intentionally exposing an emergency worker, a custodial
officer or a youth justice custodial worker to risk by driving
S. 317AD(1)
amended by No. 65/2017 s. 9(1).
(1) A person is guilty of the aggravated offence of intentionally exposing

an emergency worker, a custodial officer or a youth justice custodial
worker to risk by driving if the person commits an offence against section
317AC and any of the following apply—
(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—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of

the
offence against section 317AC is to avoid apprehension for the other indictable
offence.
S. 317AD(3) amended by
No. 65/2017 s. 9(1).
(3) A person guilty of the aggravated offence of intentionally 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 3
Notes to s. 317AD amended by Nos

65/2017 s. 9(2), 48/2018 s. 94, substituted by No. 23/2020
s. 18.
Notes

Sentencing Act 1991 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. 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 An offence against this section (other than a category 1 offence referred

to in note 1) is a category 2 offence under the Sentencing Act 1991. See
section 5(2H) of that Act for the requirement to impose a custodial order for
this offence unless the circumstances set out in paragraphs (a) to (e) of that
subsection exist.
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 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.
S. 317AE (Heading) amended by

No. 65/2017 s. 10.
S. 317AE inserted by
No. 65/2017 s. 3.
CRIMES ACT 1958

- SECT 317AE
Recklessly exposing an emergency worker, a custodial officer or a youth justice
custodial worker to risk by driving
(1) A person who—
S. 317AE(1)(a) amended by
No. 65/2017 s. 11(1).
(a) drives a motor vehicle in the vicinity of another person who is

an emergency worker on duty, a custodial officer on duty or a youth
justice custodial worker on duty; and
S. 317AE(1)(b) amended by
No. 65/2017 s. 11(2).
(b) knows that, or is reckless as to whether, the other person is an

emergency worker, custodial officer or youth justice custodial worker;
and
(c) without lawful excuse, drives the motor vehicle and recklessly
exposes
the other person to a risk to safety—

maximum).
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).
(a) the other person has identified themselves as an emergency worker,

custodial officer or youth justice custodial worker; or
(b) the other person is inside or in the vicinity of a vehicle

which—
(i) bears the livery or insignia of an emergency service;

or
(ii) is displaying a flashing blue or red light (whether or not

it is displaying other lights); or
(iii) is sounding an alarm; or
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).
(3) A person may be found guilty of an offence under subsection (1)

irrespective of whether the emergency worker, custodial officer or youth
justice custodial worker was injured by the conduct of the person driving the
motor vehicle.
Note
Section 16(3D) of the Sentencing Act 1991 requires that every term
S. 317AF (Heading) amended by
No. 65/2017 s. 12.
S. 317AF inserted by
No. 65/2017 s. 3.
CRIMES ACT 1958

- SECT 317AF
Aggravated offence of recklessly exposing an emergency worker, a custodial officer
or a youth justice custodial worker to risk by driving
S. 317AF(1)
(1) A person is guilty of the aggravated offence of recklessly exposing an

emergency worker, a custodial officer or a youth justice custodial worker to
risk by driving if the person commits an offence against section 317AE and
any of the following apply—
(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—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of

the
offence against section 317AE is to avoid apprehension for the other indictable
offence.
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
Notes

Sentencing Act 1991. See subsection (2H) of section 5 of that Act
for the requirement to impose a custodial order for this offence unless the
exist.
of imprisonment imposed on a person for an offence against this section
must, unless otherwise directed by the court, be served cumulatively on any
S. 317AG inserted by
No. 65/2017 s. 3.
CRIMES ACT 1958

- SECT 317AG
Damaging an emergency service vehicle

recklessly drive a motor vehicle so that damage is caused to an emergency
service vehicle.
(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—
(a) the motor vehicle bears the livery or insignia of an emergency

service; or
(b) the motor vehicle is displaying a flashing blue or red light

(whether
or not it is displaying other lights); or
(c) the motor vehicle is sounding an alarm; or
(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).
(4) In this section, "emergency service vehicle" means a motor

vehicle that, at a particular time—
S. 317AG(4)(a) amended by
No. 65/2017 s. 14(1).
(a) is being used by an emergency worker on duty, a custodial officer

on duty or a youth justice custodial worker on duty; or
S. 317AG(4)(b) amended by
No. 65/2017 s. 14(1).
(b) is ordinarily used by an emergency worker on duty, a custodial

officer
on duty or a youth justice custodial worker on duty—
regardless of whether it is occupied by an emergency worker, a custodial

officer or a youth justice custodial worker at that time.
Note
Section 16(3D) of the Sentencing Act 1991 requires that every term
Pt 1 Div. 9 (Heading) amended by No.

127/1986 s. 102(Sch. 4 item 5.3).
Division
9—Driving offences connected
with motor vehicles

s. 44.
CRIMES ACT 1958

- SECT 317B
Interpretation

S. 317B(1) def. of drive substituted
by No. 8/2018 s. 14.
"drive", in relation to a motor vehicle, has the

same meaning as it has in the Road Safety Act 1986 and includes
to operate a vessel;
"motor vehicle "includes vessel, whether or not the vessel is

powered by a motor;
"operate", in relation to a vessel, means—
(a) steer or navigate the vessel; or
(b) direct the steering or navigation of the vessel or provide

instructions as to the steering or navigation of the vessel; or
(c) substantially change the movement or direction of the

vessel;
S. 317B(1)
def. of vessel
amended by No. 65/2010 s. 420(Sch. 3
item 3).
"vessel" has the same meaning as in the Marine Safety Act

2010.
(2) For the purposes of this Division—
(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 amended by Nos 6762 s. 13(a)(b),

7184 s. 3, 7407 s. 2(a)(b), substituted by No. 7645
s. 3.
CRIMES ACT 1958

- SECT 318
Culpable driving causing death
S. 318(1) amended
by Nos 9554 s. 2(2)(Sch. 2 item 58), 9576 s. 11(1), 111/1986
s. 180(2)(Sch. 2
item 5), 127/1986 s. 102(Sch. 4 item 5.4), 49/1991
s. 119(1)(Sch. 2
item 61), 13/1992 s. 3(1), 48/1997
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.

No. 48/2018 s. 95.
Note
An offence against this subsection is a category 2 offence under the

Sentencing Act 1991. See section 5(2H) of that Act for the
exist.

s. 16, repealed by No. 34/2017 s. 14, new s. 318(1A)
(1A) The standard sentence for an offence under subsection (1) is 8

years.
Note
See sections 5A and 5B of the Sentencing Act 1991 as

S. 318(2) amended by No. 127/1986

s. 102(Sch. 4 item 5.4).
(2) For the purposes of subsection (1) a person drives a motor vehicle
culpably if he drives the motor vehicle—
(a) recklessly, that is to say, if he consciously and unjustifiably
disregards a substantial risk that the death of another person or the infliction
of grievous bodily harm upon another person may result from his driving;
or
(b) negligently, that is to say, if he fails unjustifiably and to a

gross
degree to observe the standard of care which a reasonable man would have
observed in all the circumstances of the case; or
(c) whilst under the influence of alcohol to such an extent as to be

incapable of having proper control of the motor vehicle; or
(d) whilst under the influence of a drug to such an extent as to be

incapable of having proper control of the motor vehicle.

s. 5.
(2A) Without limiting subsection (2)(b), negligence within the meaning of

that subsection may be established by proving that—
(a) a person drove a motor vehicle when fatigued to such an extent

that he
or she knew, or ought to have known, that there was an appreciable risk of him
or her falling asleep while driving or of losing control of the vehicle;
and
(b) by so driving the motor vehicle the person failed unjustifiably

and to
a gross degree to observe the standard of care which a reasonable person would
have observed in all the circumstances of the case.
S. 318(3) amended by Nos 9576 s. 11(1),

68/2009 s. 97(Sch. item 40.13).
(3) An indictment for an indictable offence under this section shall

specify which form of culpability within the meaning of subsection (2) is
charged but evidence of the whole of the circumstances shall be admissible on
the trial on the indictment.

s. 11(1).
(4) A person who is convicted or acquitted of an indictable offence under

this section shall not in respect of the death concerned subsequently be
prosecuted for unlawful homicide or under this section.
S. 318(5) amended by Nos 9576 s. 11(1),

68/2009 s. 97(Sch. item 40.14).
(5) A person who is convicted or acquitted of any form of unlawful

homicide not referred to in this section shall not in respect of the death
concerned subsequently be prosecuted under this section and no other form of
unlawful homicide shall be charged in the same indictment with an indictable
offence under this section.
S. 318(6) amended by Nos 9576 s. 11(1),

127/1986 s. 102(Sch. 4 item 5.4), 13/1992 s. 3(2), 68/2009
s. 97(Sch. item 40.14), 93/2009 s. 45.
(6) A person who is convicted or acquitted of an indictable offence under

this section shall not in respect of the circumstances concerned be proceeded
against under the Road Safety Act 1986 or the Marine Act 1988 for
having driven a motor vehicle whilst under the influence of alcohol or a drug
and no such offence shall be charged in the same indictment with an indictable
offence under this section.
S. 318(7) substituted by Nos 8338 s. 4,

78/1987 s. 4(2),
(7) "Drug" means a drug within the meaning of the Road

Safety Act 1986.
S. 318(8) repealed by No. 78/1987

s. 4(3).
* * * * *
S. 319 amended by Nos 6658 s. 3, 6762

s. 13(c)(d), 7332 s. 2(Sch. 1 item 19), 7546 s. 6,
repealed by No. 7645 s. 5, new s. 319 inserted by No. 59/2004
s. 6.
CRIMES ACT 1958

- SECT 319
Dangerous driving causing death or serious injury
S. 319(1) amended
by No. 7/2008 s. 5(1).
(1) A person who, by driving a motor vehicle at a speed or in a manner

that is dangerous to the public having regard to all the circumstances of the
case, causes the death of another person is guilty of an indictable offence and

No. 48/2018 s. 96.
Note
An offence against this subsection is a category 2 offence under the

Sentencing Act 1991. See section 5(2H) of that Act for the
exist.

s. 5(2).
(1A) A person who, by driving a motor vehicle at a speed or in a manner

that is dangerous to the public having regard to all the circumstances of the
case, causes serious injury to another person is guilty of an indictable offence
and liable to level 6 imprisonment (5 years maximum).
S. 319(1B) inserted by
No. 48/2018 s. 19A.
(1B) In a proceeding for an offence against subsection (1) or (1A),

it is to be presumed, in the absence of evidence to the contrary, that the
accused drove the motor vehicle in a manner that was dangerous to the
public having regard to all the circumstances of the case if the
prosecution proves that the accused, at the time of the driving, was knowingly
or recklessly in contravention of section 18 or 30 of the Road Safety
Act 1986.
(2) In this section serious injury has the meaning given by

section 15.

s. 32.
CRIMES ACT 1958

- SECT 319AA
Dangerous or negligent driving while pursued by police
(1) A person must not drive a motor vehicle
dangerously or negligently if he or she knows, or ought reasonably to know,
that—
S. 319AA(1)(a) amended by
No. 37/2014 s. 10(Sch. item 36.9).
(a) he or she has been given a direction to stop the vehicle by a

police
officer; and
S. 319AA(1)(b) amended by
No. 37/2014 s. 10(Sch. item 36.9).
(b) a police officer is pursuing the vehicle.
Penalty: 3 years imprisonment.
(a) a person drives a motor vehicle dangerously if he or she drives

the
vehicle at a speed or in a manner that is dangerous to the public having regard
to all the circumstances of the case; and
(b) a person drives a motor vehicle negligently if he or she fails

unjustifiably and to a gross degree to observe the standard of care which a
reasonable person would have observed in all the circumstances of the case;
and
S. 319AA(2)(c) amended by
No. 37/2014 s. 10(Sch. item 36.9).
(c) a police officer may be pursuing a motor vehicle even if not

travelling at the same speed as the vehicle; and
(d) it is irrelevant that the police pursuit is suspended or

terminated
before the motor vehicle being pursued stops.
"direction to stop" has the same meaning as it has in section

64A(5) of the Road Safety Act 1986;
"motor vehicle" does not include a vessel.
S. 320 amended by Nos 6762 s. 13(e),

7184 s. 4, substituted by No. 7645 s. 4, amended by Nos 7876
s. 2(3), 9576 s. 11(1), 10084 s. 5, repealed by No. 10260
s. 114(Sch. 4 item 4).
* * * * *

repealed by No. 7645 s. 5.
* * * * *
Pt 1 Div. 9AA (Heading amended by

No. 8/2014 s. 32.
Pt 1 Div. 9AA (Heading and ss

319A–319C) inserted by No. 55/2011
s. 3.
Division
9AA—Offences connected with dangerous, menacing and restricted breed
dogs and related court powers
Pt 1 Div. 9AA Subdiv. 1 (Heading)

Subdivision
1—Offences
S. 319A inserted by
No. 55/2011 s. 3.
CRIMES ACT 1958

- SECT 319A
Definitions
In this Division—
S. 319A def. of control

repealed by No. 20/2015 s. 23(a).
* * * * *
"dangerous dog "has the same meaning as in section 3(1) of the

Domestic Animals Act 1994;
S. 319A def. of failure to keep

under control inserted by No. 20/2015
s. 23(b).
"failure to keep under control", in relation to a dangerous

dog, menacing dog or restricted breed dog, includes a failure to comply with any
of the requirements under sections 26(1), 28, 29, 38, 39, 40, 41, 41E,
41F(1)(a), 41G, 41H, 41HA and 41I of the Domestic Animals Act
1994;
"menacing dog "has the same meaning as in section 3(1) of

the Domestic Animals Act 1994;
"owner", in relation to a dangerous dog, menacing dog or

restricted breed dog, has the same meaning as in section 3(1) of the Domestic
Animals Act 1994 and includes a person who is deemed to be an owner of the
dog under section 4 of that Act;
"restricted breed dog" has the same meaning as in

section 3(1) of the Domestic Animals Act 1994 and includes a dog
that is taken under section 3(3) of that Act to be a restricted breed
dog.
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—
(a) an owner of a dangerous dog, menacing dog or restricted breed dog

fails to keep the dog under control; and
(b) the dog kills another person (the victim);

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—
the owner is guilty of an indictable offence and liable to level 5

(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
(ii) fails to keep the dog under control; and
(iii) is reckless as to whether the dog is a dangerous dog,

menacing dog
or restricted breed dog; and
(b) the dog kills another person (the victim);

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—
the first mentioned person is guilty of an indictable offence and liable to

S. 319C inserted by
No. 55/2011 s. 3.
CRIMES ACT 1958

- SECT 319C
Recklessness as to whether controlling dangerous, menacing or restricted breed dog
may place another person in danger of death
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
S. 319C(2) amended by No. 8/2014

s. 34(2).
(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
(b) is reckless as to whether the dog is a dangerous dog, menacing dog

or
restricted breed dog; and
(c) 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).
Pt 1 Div. 9AA Subdiv. 2 (Heading and ss

319D–319L) inserted by No. 8/2014
s. 35.
Subdivision
2—Disqualification of person from owning or being in charge or control of
a dog

s. 35.
CRIMES ACT 1958

- SECT 319D
Court may disqualify person from owning or being in charge or control of a dog
If a person has been convicted, found guilty or

found not guilty because of mental impairment, of an offence against section
319B(1) or (2) or 319C(1) or (2), the court may, in addition to or instead
of any other penalty, order—
(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. 35.
CRIMES ACT 1958

- SECT 319E
Search warrant for failure to comply with court order
(1) An authorised officer who is appointed by a

Council under section 72 of the Domestic Animals Act 1994 may apply to a
magistrate for the issue of a search warrant in relation to premises (including
residential premises) in the municipal district of that Council, if the
authorised officer believes on reasonable grounds that a person subject to an
order under section 319D is holding a dog on the premises in contravention
of that order.
S. 319E(2) amended by No. 6/2018

s. 68(Sch. 2 item 35.3).
(2) If the magistrate is satisfied, by the evidence on oath

or by affirmation or by affidavit of the authorised officer, that there are
reasonable grounds to believe that a person subject to an order under section
319D is holding a dog on the premises in contravention of that order,
the magistrate may issue a search warrant, in accordance with the
Magistrates' Court Act 1989, authorising an authorised
officer who is appointed under section 72 of the Domestic Animals
Act 1994 by the Council for the municipal district in which the
premises is located and who is named in the warrant—
(a) to enter the premises; and
(b) to search for and seize the dog; and
(c) to dispose of the dog in accordance with the directions set out in
the
warrant.

s. 35.
CRIMES ACT 1958

- SECT 319F
Certain sections of the Domestic Animals Act 1994 apply to search warrant under
this section
For the purposes of section 319E,

sections 84EB, 84F and 84G of the Domestic Animals Act 1994 apply as
if a reference in those sections to a search warrant issued under Part 7A were a
reference to a search warrant issued under section 319E.

s. 35.
CRIMES ACT 1958

- SECT 319G
Order under section 319D may be suspended
A court that has made an order under

section 319D may suspend the order—
(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
(b) pending the determination of an appeal against the order.

s. 35.
CRIMES ACT 1958

- SECT 319H
Person subject to order under section 319D may apply for variation, suspension or
revocation of order
(1) A person who is subject to an order under

section 319D may apply to the court that made the order for the variation,
suspension or revocation of the order.
(2) An application under subsection (1) may be made no earlier than 12

months after the order is made.

s. 35.
CRIMES ACT 1958

- SECT 319I
Power of court to vary etc. order under section 319D
(1) On application under section 319H, the

court may by order—
(a) vary an order under section 319D as specified, and from the date
specified, in the order; or
(b) suspend the order, from the date specified in the order, for a
specified period; or
(c) revoke the order; or
(d) refuse the application.
(2) In making an order under subsection (1), the court may have regard to
any one or more of the following matters—
(a) the applicant's character;
(b) the applicant's conduct since the order under section 319D was
made;
(c) the nature of the offence or offences (if any) on which that
order was based;
(d) any other relevant circumstances.

s. 35.
CRIMES ACT 1958

- SECT 319J
Person may not make another application for variation, suspension or revocation of
order for 12 months
If a court makes an order for a variation under

section 319I(1)(a) or refuses an application under section 319I(1)(d), the
person who applied for the relevant application under section 319H must not make
another application under section 319H until 12 months after the order for the
variation was made or the application was refused (as the case may
be).

s. 35.
CRIMES ACT 1958

- SECT 319K
Orders under section 319D are to operate consecutively
If a person is disqualified under an order under

section 319D(a) and, during the period of disqualification, a court makes a
further order under that section in respect of that person, the further order
takes effect immediately after the end of the period of disqualification fixed
by the initial order.

s. 35.
CRIMES ACT 1958

- SECT 319L
Person must comply with order under section 319D
A person who is subject to an order under

section 319D must comply with the order.
Penalty: 240 penalty units or imprisonment for 2 years.

Pt 1 Div. 9A (Heading and s. 320) inserted
by No. 48/1997 s.
56.
Division
9A—Penalties for certaincommon law
offences
New s. 320
s. 13.
CRIMES ACT 1958

- SECT 320
Maximum term of imprisonment for certain common law offences
An offence at common law specified in column 1

of the Table is punishable by the maximum term of imprisonment specified
opposite it in column 2 of the Table.
S. 320 (Table) amended by

Nos 47/2016 s. 19, 32/2017 s. 10.
TABLE
Column 1
Column 2
Common law offence

Maximum Term of Imprisonment
* * * *
Attempt to pervert the course of justice
Level 2 imprisonment (25 years maximum)
Breach of prison
Bribery of public official
Common assault
Conspiracy to cheat and defraud

Conspiracy to defraud
Criminal defamation
Embracery
False imprisonment
Kidnapping
Misconduct in public office

Perverting the course of justice
Public nuisance
* * * *
* * * *
Unlawful assembly
* * * *

No. 65/2016 s. 20(20).
Note
The offence of kidnapping at common law is a category 2 offence under the

Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the
exist.

s. 4.
CRIMES ACT 1958

- SECT 320A
Maximum term of imprisonment for common assault in certain circumstances
(1) Despite section 320, the maximum term of

imprisonment for common assault is level 5 imprisonment (10 years maximum)
if—
(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
(c) the offender knows or is reckless as to whether the victim is a

police
officer or a protective services officer; and
(d) the offender—
(i) enables the victim to see the offensive weapon or the

general shape of
the offensive weapon; or
(ii) tells or suggests to the victim that the offender has an

offensive weapon or a firearm readily available; and
(e) the offender—
(i) knows that engaging in conduct referred to in subsection (1)

(d) would
be likely to arouse apprehension or fear; or

have known
that engaging in conduct referred to in subsection (1)(d) would be likely to
arouse that apprehension or fear.
Notes
1 A common assault referred to in this subsection if committed in

certain circumstances is a category 2 offence under the Sentencing
Act 1991. See section 5(2H) of that Act for the requirement to
impose a custodial order for this offence unless the circumstances set out in
paragraphs (a) to (e) of that section exist.
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
(b) the person assaulted (the victim) is a police officer on

duty or a protective services officer on duty; and
(c) the offender knows or is reckless as to whether the victim is a

police
officer or a protective services officer; and
(d) the offender—
(i) enables the victim to see the firearm or the imitation

firearm
or the general shape of the firearm or the imitation firearm; or
(ii) tells or suggests to the victim that the offender has a

firearm
or an imitation firearm readily available; and
(e) the offender—
(i) knows that engaging in conduct referred to in subsection (2)

(d) would
be likely to arouse apprehension or fear; or

have known
that engaging in conduct referred to in subsection (2)(d) would be likely to
arouse that apprehension or fear.
Notes
1 A common assault referred to in this subsection if committed in certain

circumstances is a category 2 offence under the Sentencing Act 1991.
See section 5(2H) of that Act for the requirement to impose a custodial
order for this offence unless the circumstances set out in paragraphs (a)
to (e) of that section exist.
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—
(a) in the person's hand; or
(b) on the person's body; or
(c) within the person's reach.
"firearm" has the same meaning as it has in

the Firearms Act 1996;
"imitation firearm" has the same meaning as in section

77(1A);
"offensive weapon" means any article (other than a firearm

or an imitation firearm) made or adapted for use for causing injury to or
incapacitating a person, or which at the time of an assault the person having it
with them intends or threatens to use for such a purpose;
"police officer on duty" means a police officer who is

performing any duty or exercising any power as such an officer;
"protective services officer on duty" means a protective

services officer who is performing any duty or exercising any power as such
an officer.
Pt 1 Div. 10 (Heading and s. 322)

repealed by No. 9576 s. 8(a), new Pt 1 Div. 10 (Heading and ss
321–321F) inserted by No. 10079 s. 7(2).
Division
10—Conspiracy
New s. 321 inserted by No. 10079

s. 7(2).
CRIMES ACT 1958
- SECT 321
Conspiracy to commit an offence
(1) Subject to this Act, if a person agrees

with any other person or persons that a course of conduct shall be pursued which
will involve the commission of an offence by one or more of the parties to the
agreement, he is guilty of the indictable offence of conspiracy to commit that
offence.
(2) For a person to be guilty under subsection (1) of conspiracy to commit

a particular offence both he and at least one other party to the
agreement—
(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.
(3) A person may be guilty under subsection (1) of conspiracy to commit an

offence notwithstanding the existence of facts of which he is unaware which make
commission of the offence by the agreed course of conduct impossible.
S. 321(4) inserted by No. 10233

s. 9(a), amended by No. 68/2009 s. 97(Sch. item
40.15).
(4) An indictment charging an offence against this section must not be

filed without the approval of the Director of Public Prosecutions or of a person
authorized by the Director of Public Prosecutions to give approval for the
purposes of this subsection.

s. 7(2).
CRIMES ACT 1958

- SECT 321A
Agreements to commit offences outside Victoria
(1) The expression the commission of an

offence in section 321(1) extends to the commission of an offence
against a law in force only in a place outside Victoria if, but only
if—
(a) the necessary elements of that offence include elements which, if

present or occurring in Victoria, would constitute an offence against a law in
Victoria; and
(b) one or more of the persons referred to in section 321(1) is or are

in
Victoria when the agreement referred to in that subsection is made.
(2) Where all parties to an agreement are outside Victoria when it is
made, section 321 shall apply in relation to it if, but only if, that agreement
is to pursue a course of conduct which, if the agreement is carried out in
accordance with their intentions, will necessarily amount to or involve the
commission of an offence against a law in force in Victoria.
(See R. v. Darby (1982) 40 ALR

594).

s. 7(2).
CRIMES ACT 1958

- SECT 321B
As to consequences of acquittal of co-conspirators
It is hereby declared that the conviction of a

conspirator whether tried together with or separately from another alleged
conspirator or other alleged conspirators may stand notwithstanding that the
other alleged conspirator or conspirators is are or may be acquitted unless in
all the circumstances of the case the conviction is inconsistent with the
acquittal of the other alleged conspirator or conspirators.
S. 321C inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321C
Penalties for conspiracy
(1) Where a person is convicted under section

321 of conspiracy to commit an offence or offences against a law or laws in
force in Victoria—
(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)(b) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 62(a)), 48/1997 s.
60(1)(Sch. 1 item 90(a)).
(b) if the relevant offence, or any of the relevant offences, is an

offence for which the penalty is imprisonment for a term the maximum length of
which is not prescribed by law, the person shall be liable to level 4
imprisonment (15 years maximum);
S. 321C(1)(ba) inserted by No. 41/1993

s. 22(a), amended by No. 48/1997
90(b)(i)).
(ba) despite paragraph (b), if the relevant offence, or any of the

relevant offences, is murder or treason, the person is liable
to—
S.
321C(1)(ba)(i) amended by No.
48/1997 s. 60(1)(Sch. 1 item
90(b)(ii)).
(i) level 1 imprisonment (life); or
(ii) imprisonment for such other term as is fixed by the

court—
as the court determines;
S. 321C(1)(c) amended by No. 41/1993

s. 22(b).
(c) subject to paragraphs (a), (b), (ba) and (d), if the relevant
offence,
or any of the relevant offences, is an offence for which a maximum penalty is
prescribed by law, the person shall be liable to a penalty not exceeding that
maximum penalty or the accumulated maximum penalties, as the case may be;
or
S. 321C(1)(d) amended by Nos 57/1989

s. 3(Sch. item 42.17), 49/1991
s. 119(1)(Sch. 2
item 62(b)(i)), 68/2009 s. 97(Sch. item 40.16).
(d) if the relevant offence, or each of the relevant offences, may be

heard and determined only in the Magistrates' Court, the person shall be liable
to—
S. 321C(1) (d)(i) substituted by Nos 49/1991

s. 119(1)(Sch. 2
item 62(b)(ii)), 48/1997 s.
60(1)(Sch. 1 item 90(c)(i)).
(i) level 6 imprisonment (5 years maximum); or

S.
321C(1)(d)(ii) substituted by No.
49/1991 s. 119(1)(Sch. 2
item 62(b)(iii)).
(ii) imprisonment for a term not exceeding the maximum term of

imprisonment (if any) prescribed in respect of the relevant offence or the
greatest of the maximum terms prescribed in respect of any of the relevant
offences, as the case requires—
whichever is the greater.
(2) Where a person is convicted under section 321 of conspiracy to commit

an offence or offences against a law or laws in force only in a place outside
Victoria—
S. 321C(2)(a) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 62(c)(i)), 48/1997 s.
60(1)(Sch. 1 item 91).
(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
S. 321C(2)(b) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 62(c)(ii)), 69/1997s.
22(8).
(b) the person shall, in any other case, be liable to a level 6 fine
(600

s. 7(2).
CRIMES ACT 1958

- SECT 321D
Application of certain provisions
Sections 321(2) and (3) and 321B shall apply, so

far as they are capable of doing so and with such changes as are necessary, for
the purpose of determining whether a person is guilty of conspiracy under any
enactment other than section 321 or of conspiracy to cheat and defraud or
of conspiracy to defraud.
S. 321E inserted by No. 10079
s. 7(2).
CRIMES ACT 1958

- SECT 321E
Limitations on prosecution
(1) Where any enactment prohibits the

institution or continuance of proceedings for an offence otherwise than by or
with the consent of any person, the prohibition shall apply in relation to
proceedings under section 321 for conspiracy to commit that offence.
(2) Where—
(a) an indictable offence has been committed in pursuance of an

agreement;
and
(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.
(3) A person shall not be liable to be convicted in respect of the same

agreement of both—
(a) conspiracy under section 321; and
(b) conspiracy under any enactment other than section 321 or of

conspiracy
to cheat and defraud or of conspiracy to defraud.
S. 321F inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321F
Abolition of certain offences of conspiracy at common law
(1) The offence of conspiracy at common law is

hereby abolished.
(2) Nothing in subsection (1) shall affect the offence of conspiracy at

common law so far as it relates to conspiracy to cheat and defraud and
conspiracy to defraud.
(3) Any offence at common law of incitement to commit the offence of

conspiracy or attempt to commit the offence of conspiracy (whether the offence
of conspiracy incited or attempted would be an offence at common law or under
section 321 or any other enactment) is hereby abolished.
S. 321F(4) inserted by No. 10233

s. 9(b), amended by No. 68/2009 s. 97(Sch. item
40.17).
(4) An indictment charging an offence of conspiracy to cheat and defraud
or conspiracy to defraud must not be filed without the approval of the Director
of Public Prosecutions or of a person authorized by the Director of Public
Prosecutions to give approval for the purposes of this subsection.
Pt 1 Div. 11 (Heading and ss

321G–321L) inserted by No.
10079 s. 7(2).
Division
11—Incitement
S. 321G inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321G
Incitement
(1) Subject to this Act, where a person in

Victoria or elsewhere incites any other person to pursue a course of conduct
which will involve the commission of an offence by—
(a) the person incited;
(b) the inciter; or
(c) both the inciter and the person incited—
if the inciting is acted on in accordance with the inciter's intention, the

inciter is guilty of the indictable offence of incitement.
(2) For a person to be guilty under subsection (1) of incitement the

person—
(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.
(3) A person may be guilty under subsection (1) of incitement

notwithstanding the existence of facts of which the person is unaware which make
commission of the offence in question by the course of conduct incited
impossible.
S. 321H inserted by No. 10079 s. 7(2),

amended by No. 25/1989 s. 20(g).
CRIMES ACT 1958
- SECT 321H
Incitement to commit offences outside Victoria
The expression the commission of an

offence in section 321G(1) extends to the commission of an offence
against a law in force only in a place outside Victoria if, but only
if—
(a) the necessary elements of the offence consist of or include

elements
which, if present or occurring in Victoria, would constitute an offence against
a law in force in Victoria; and
(b) the person inciting is in Victoria at the time of the

inciting.
S. 321I inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321I
Penalties for incitement
(1) Where a person is convicted under section

321G of incitement to commit an offence or offences against a law or laws in
force in Victoria—
(a) if the penalty for the relevant offence is fixed by law, the
person
shall be liable to a penalty not exceeding the penalty for the relevant
offence;
S. 321I(1)(b) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 57), 48/1997 s.
60(1)(Sch. 1 item 92(a)).
(b) if the relevant offence, or any of the relevant offences, is an

offence for which the penalty is imprisonment for a term the maximum length of
which is not prescribed by law, the person shall be liable to level 4
imprisonment (15 years maximum);
S. 321I(1)(ba) inserted by No. 41/1993
s. 23(a), amended by No. 48/1997
92(b)(i)).
(ba) despite paragraph (b), if the relevant offence, or any of the

relevant offences, is murder or treason, the person is liable
to—
S.
321I(1)(ba)(i) substituted by No.
48/1997 s. 60(1)(Sch. 1 item
92(b)(ii)).
(i) level 1 imprisonment (life); or
(ii) imprisonment for such other term as is fixed by the

court—
as the court determines;
S. 321I(1)(c) amended by No. 41/1993

s. 23(b).
(c) subject to paragraphs (a), (b), (ba) and (d), if the relevant
offence,
or any of the relevant offences is an offence for which a maximum penalty is
prescribed by law, the person shall be liable to a penalty not exceeding that
maximum penalty or the accumulated maximum penalties, as the case may be;
or
S. 321I(1)(d) amended by Nos 57/1989

s. 3(Sch. item 42.18), 49/1991
s. 119(1)(Sch. 2
item 63(a)(i)), 68/2009 s. 97(Sch. item 40.18).
(d) if the relevant offence, or each of the relevant offences, may be

heard and determined only in the Magistrates' Court, the person shall be liable
to—
S. 321I(1)(d)(i) substituted by Nos 49/1991

s. 119(1)(Sch. 2
item 63(a)(ii)), 48/1997 s.
60(1)(Sch. 1 item 92(c)).
(i) level 6 imprisonment (5 years maximum); or
S. 321I(1)(d)(ii) amended by No. 49/1991

s. 119(1)(Sch. 2
item 63(a)(iii)).
(ii) imprisonment for a term not exceeding the maximum term of

imprisonment (if any) prescribed in respect of the relevant offence or the
greatest of the maximum terms prescribed in respect of any of the relevant
offences as the case requires—
whichever is the greater.
(2) Where a person is convicted under section 321G of incitement to commit

an offence or offences against a law in force only in a place outside
Victoria—
S. 321I(2)(a) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 63(b)(i)), 48/1997 s.
60(1)(Sch. 1 item 93).
(a) the person shall, if the relevant offence, or any of the relevant
offences, is punishable by a term of imprisonment, be liable to a term of
imprisonment not exceeding the maximum term of imprisonment prescribed in
respect of the relevant offence; and
S. 321I(2)(b) amended by Nos 49/1991

s. 119(1)(Sch. 2
item 63(b)(ii)), 69/1997s.
22(9).
(b) the person shall, in any other case, be liable to a level 6 fine
(600
S. 321J inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321J
Application of certain provisions
Subsections (2) and (3) of section 321G shall

apply, so far as they are capable of doing so and with such changes as are
necessary, for the purpose of determining whether a person is guilty of
incitement under any enactment other than section 321G.
S. 321K inserted by No. 10079
s. 7(2).
CRIMES ACT 1958

- SECT 321K
(1) Where any enactment prohibits the

institution or continuance of proceedings for an offence otherwise than by or
with the consent of any person, the prohibition shall apply in relation to
proceedings under section 321G for incitement to commit that offence.
(2) Where—
(a) an indictable offence has been committed; and
(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.
(3) A person shall not be liable to be convicted in respect of the same

inciting of both—
(a) incitement under section 321G; and
(b) incitement under any enactment other than section 321G.
S. 321L inserted by No. 10079

s. 7(2).
CRIMES ACT 1958

- SECT 321L
Incitement at common law abolished
The offence of incitement at common law is

hereby abolished.

ss 321LA–321LD) inserted by No. 43/2017
s. 4.
Division
11A—Recruiting a child to engage in criminal
activity
S. 321LA inserted by
No. 43/2017 s. 4.
CRIMES ACT 1958

- SECT 321LA
Definitions
In this Division—
"child "means a person aged under 18 years;
"criminal activity" means conduct that constitutes an offence

punishable on first conviction with imprisonment for life or for a term of
5 years or more;
"recruit" means incite, direct or induce.
S. 321LB inserted by
No. 43/2017 s. 4.
CRIMES ACT 1958

- SECT 321LB
Recruiting a child to engage in criminal activity
(1) An adult aged 21 years or more must not

recruit another person to engage in criminal activity, knowing that the other
person is a child.
(2) For an adult to be guilty of an offence under subsection (1), the

adult must know that it is likely the child will engage in the criminal
activity that is the subject of the recruiting.
(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.
CRIMES ACT 1958

- SECT 321LC
Child need not engage in conduct or be prosecuted or found guilty of an offence
A person may be found guilty of the offence

referred to in section 321LB(1) whether or not the child referred to in
that section—
(a) engages in criminal activity; or
(b) is prosecuted for, or is found guilty of, any offence.

S. 321LD inserted by
No. 43/2017 s. 4.
CRIMES ACT 1958

- SECT 321LD
Limitation on prosecution
A person is not liable to be convicted in

respect of the same conduct of both—
(a) an offence under section 321LB(1); and
(b) an offence under section 321G(1).
Pt 1 Div. 12 (Heading and (ss

321M–321S) inserted by No.
10233 s. 4.
Division
12—Attempts
S. 321M inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321M
Attempt
A person who attempts to commit an indictable

offence is guilty of the indictable offence of attempting to commit that
offence.
S. 321N inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321N
Conduct constituting attempt
(1) A person is not guilty of attempting to

commit an offence unless the conduct of the person is—
(a) more than merely preparatory to the commission of the offence;

and
(b) immediately and not remotely connected with the commission of the
offence.
(2) For a person to be guilty of attempting to commit an offence, the

person must—
(a) intend that the offence the subject of the attempt be committed;
and
S. 321N(2)(b) amended by No. 6/2017

s. 13(1).
(b) subject to subsection (2A), intend or believe that any fact or

circumstance the existence of which is an element of the offence will exist at
the time the offence is to take place.
S. 321N(2A) inserted by No. 6/2017

s. 13(2).
(2A) For the purposes of subsection (2)(b), in the case of an attempt

to commit an offence against section 38 (rape), section 39 (rape by
compelling sexual penetration), section 40 (sexual assault) or section 41
(sexual assault by compelling sexual touching), instead of the element of
the offence referred to in section 38(1)(c), 39(1)(c), 40(1)(d)
or 41(1)(d), it must be proved that at the time of the attempt the
person (A) does not reasonably believe that the person against whom the offence
is to be committed (B) would consent to the penetration or the touching (as the
case requires).
(3) A person may be guilty of attempting to commit an offence despite the

existence of facts of which he or she is unaware which make the commission of
the offence attempted impossible.
S. 321O inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321O
Attempts to commit offence outside Victoria
(1) A person in Victoria who attempts to commit

in another State or in a Territory an offence which, if committed in whole or in
part in Victoria, would be an indictable offence against the law of Victoria is
guilty of the indictable offence of attempting to commit that offence.
(2) A person outside Victoria who attempts to commit an indictable offence

in Victoria is guilty of the indictable offence of attempting to commit that
offence.
(3) In subsection (1), "Territory" means the Australian

Capital Territory, the Jervis Bay Territory or the Northern Territory.
S. 321P inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321P
Penalties for attempt
S. 321P(1)
substituted by No. 49/1991
s. 119(1)(Sch. 2
item 64).
(1) A person convicted of attempting to commit an offence is

liable—
(a) if the penalty for the relevant offence is set out by reference to
an
expression specified in column 1 of the Table, to the penalty set out opposite
it in column 2 of the Table:
S. 321P(1)(a) Table substituted by Nos

48/1997 s. 60(1)(Sch. 1 item
94(a)), 69/1997s.
23.
TABLE
Column 1
Column 2
Level 1 imprisonment (life)

Level 2 fine (3000 penalty units maximum)

Level 8 imprisonment (1 year maximum)
Level 8 imprisonment (1 year maximum)

Level 9 imprisonment (6 months maximum)
Level 9 imprisonment (6 months maximum)

Level 12 fine (1 penalty unit maximum)
(b) if the penalty for the relevant offence is not set out by
reference to
an expression specified in column 1 of the Table in paragraph (a), to a penalty
not exceeding 60% of the maximum penalty fixed or prescribed by law for the
relevant offence; or
S. 321P(1)(c) amended by No.

48/1997s. 60(1)(Sch. 1 item
94(b)).
(c) if the maximum penalty for the relevant offence is not fixed or
prescribed by law, to level 6 imprisonment (5 years maximum).
S. 321P(1A) inserted by No. 41/1993

95(a)(b)).
(1A) For the avoidance of doubt, it is declared that if a person is

convicted of attempting to commit murder or treason, the person is liable to
(2) A person convicted under this Division of attempting to commit an

offence for which, under another enactment, a penalty is provided that is lower
than that provided under subsection (1), the person is liable only to that lower
penalty.
(3) In this section, a reference to a maximum penalty includes, in

relation to an offence against the law of a place outside Victoria, a reference
to a maximum penalty (not exceeding life imprisonment) fixed or prescribed by a
law of that place and, if a maximum penalty so fixed or prescribed exceeds life
imprisonment, is a reference to life imprisonment.
S. 321Q inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321Q
(1) Any provision to which this section applies

has the same effect with respect to an offence of attempting to commit an
offence as it has with respect to the offence attempted.
(2) This section applies to provisions of any of the following

descriptions made by or under any enactment—
(a) provisions concerning the power to institute proceedings;
(b) provisions conferring a power of search in respect of persons or

property;
(c) provisions conferring a power of seizure or detention of

property;
(d) provisions whereby a person may not be convicted or committed for

trial on the uncorroborated evidence of one witness (including any provision
requiring the evidence of not less than two credible witnesses);
(e) provisions conferring a power to fine or of forfeiture, including

any
power to deal with anything liable to be forfeited;
(f) provisions concerning the liability of a person for the commission

of
an offence by a body corporate.
(3) A person is not liable to be convicted in respect of the same conduct

of both—
(a) an offence under section 321M; and
(b) an offence under any other enactment of attempting to commit an

offence.
S. 321R inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321R
Application of Division
(1) This Division applies to and in respect of

an offence under any other enactment of attempting to commit an
offence.
(2) The preceding provisions of this Division do not apply to an

attempt—
S. 321R(2)(a) substituted by
No. 63/2014 s. 7(6).
(a) to be involved in the commission of an indictable offence;
or
(b) to commit the offence of conspiracy whether that offence is a

statutory offence or an offence at common law.
S. 321S inserted by No. 10233

s. 4.
CRIMES ACT 1958

- SECT 321S
Abolition of attempt at common law
The offence of attempt at common law is

abolished.
Pt 1A (Heading and s. 322A) inserted by

No. 7884 s. 2(2).
Part
IA—Abolition of obsolete offences

s. 2(2).
CRIMES ACT 1958

- SECT 322A
Maintenance and certain other offences abolished
Any distinct offences under the common law of

maintenance (including champerty but not embracery), or of being a common
barrator, a common scold or a common night walker are hereby
abolished.
Pt 1B (Heading and ss 322B–322F)

Part
IB—Abolition of historical classifications

s. 2.
CRIMES ACT 1958
- SECT 322B
Abolition of distinctions between felony and misdemeanour
(1) All distinctions between felony and

misdemeanour are hereby abolished.
(2) Subject to section 322D, in all matters in which before the

commencement of this Part a distinction has been made between felony and
misdemeanour (including mode of trial), the law and practice in relation to all
indictable offences cognizable under the law of Victoria (including piracy and
offences deemed to be piracy) shall be the law and practice applicable
immediately before the commencement of this Part in relation to
misdemeanour.
S. 322C inserted by No. 9576

s. 2.
CRIMES ACT 1958

- SECT 322C
Nomenclature
(1) Subject to any express amendment or repeal

made by the Crimes (Classification of Offences) Act 1981, any
enactment passed before the commencement of this Part and creating an offence by
directing it to be a felony shall be read as directing it to be an indictable
offence.
(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.
(3) Any offence known to the common law as a felony or a misdemeanour

shall on and from the commencement of this Part be known as an indictable
offence.
(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—
(a) a class of felony; or
(b) felonies in general—
shall be read and construed as a reference to that class of serious

indictable offence or to serious indictable offences generally, as the case
requires; and for the purposes of this subsection the expression serious
indictable offence has the same meaning as it has in section
325.
S. 322C(5) amended by No. 68/2009

s. 97(Sch. item 40.19).
(5) Where in any Act, rule, regulation or other instrument of a

legislative character a provision is expressed to apply to or in relation to
indictable offences, the provision shall be read and construed as applying to
offences which may be tried on indictment, including offences which may, or may
in certain circumstances, also be heard and determined summarily.

s. 2.
CRIMES ACT 1958

- SECT 322D
Transitional provisions
(1) This Part, insofar as it affects any matter

of procedure or evidence or the jurisdiction or powers of any court in relation
to indictable offences, shall have effect in relation to proceedings on
indictment or presentment for an offence (except as provided by the following
subsections of this section) if, but only if, the person charged with the
offence is arraigned after the commencement of this Part.
(2) Where a person is arraigned after the commencement of this Part on

indictment or presentment for a felony committed before that commencement, the
offence shall for the purposes of his trial on that indictment or presentment be
deemed always to have been a misdemeanour and, notwithstanding that the
indictment or presentment is framed for felony, shall be deemed to be charged as
a misdemeanour.
(3) On an indictment or presentment found or made before the commencement

of this Part a person may notwithstanding subsection (2) be found guilty of any
offence of which he could have been found guilty on the indictment or
presentment if the Crimes (Classification of Offences) Act 1981 had not
come into operation, but not of any other offence.
S. 322E inserted by No. 9576

s. 2.
CRIMES ACT 1958

- SECT 322E
Treason and misprision of treason not affected
Nothing in this Part shall be taken to affect

directly or indirectly any matter of law or practice applicable to treason or
misprision of treason.
S. 322F inserted by No. 9576

s. 2.
CRIMES ACT 1958

- SECT 322F
Other enactments not affected
This Part shall not affect the operation of any

enactment restricting the institution of proceedings for an
offence.
Pt 1C (Headings and ss 322G–322T)
Part
IC—Self-defence, duress, sudden
orextraordinary emergency and
intoxication
Division
1—General
S. 322G inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322G
Application of Part
This Part applies to any offence, whether

against any enactment or at common law.
S. 322H inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322H
Definitions
In this Part—
evidence of family violence has the meaning given in section

322J;
"really serious injury" includes serious sexual

assault.
S. 322I inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322I
Onus of proof
(1) The accused has the evidential onus of

raising self-defence, duress or sudden or extraordinary emergency by presenting
or pointing to evidence that suggests a reasonable possibility of the existence
of facts that, if they existed, would establish self-defence, duress or sudden
or extraordinary emergency (as the case may be).
(2) If the accused satisfies the evidential onus referred to in subsection

(1), the prosecution has the legal onus of proving beyond reasonable doubt that
the accused did not carry out the conduct in self-defence, under duress or in
circumstances of sudden or extraordinary emergency (as the case may
be).
S. 322J inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322J
Evidence of family violence
(1) Evidence of family violence, in relation to

a person, includes evidence of any of the following—
(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;
(b) the cumulative effect, including psychological effect, on the

person
or a family member of that violence;
(c) social, cultural or economic factors that impact on the person or

a
family member who has been affected by family violence;
(d) the general nature and dynamics of relationships affected by

family
violence, including the possible consequences of separation from the
abuser;
(e) the psychological effect of violence on people who are or have

been in
a relationship affected by family violence;
(f) social or economic factors that impact on people who are or have
been
in a relationship affected by family violence.
"child "means a person who is under the age of

18 years;
"family member", in relation to a person,

includes—
(a) a person who is or has been married to the person; or
(b) a person who has or has had an intimate personal relationship with
the
person; or
(c) a person who is or has been the father, mother, step-father or

step-mother of the person; or
(d) a child who normally or regularly resides with the person;

or
(e) a guardian of the person; or

(f) another person who is or has been ordinarily a member of the
household
of the person;
"family violence", in relation to a person, means violence

against that person by a family member;
"violence" means—
(a) physical abuse; or
(b) sexual abuse; or
(c) psychological abuse (which need not involve actual or threatened

physical or sexual abuse), including but not limited to the
following—
(i) intimidation;
(ii) harassment;
(iii) damage to property;
(iv) threats of physical abuse, sexual abuse or psychological

abuse;
(v) in relation to a child—
(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.
(3) Without limiting the definition of violence in

subsection (2)—
(a) a single act may amount to abuse for the purposes of that
definition;
and
(b) a number of acts that form part of a pattern of behaviour may

amount
to abuse for that purpose, even though some or all of those acts, when viewed in
isolation, may appear to be minor or trivial.
Division
2—Self-defence
S. 322K inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322K
Self-defence
(1) A person is not guilty of an offence if the
person carries out the conduct constituting the offence in
self-defence.
(2) A person carries out conduct in self-defence if—
(a) the person believes that the conduct is necessary in self-defence;

and
(b) the conduct is a reasonable response in the circumstances as the

person perceives them.
(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
1 See section 322M as to belief in circumstances where family violence is

alleged.
2 The circumstances in which a person may carry out conduct in self-defence

include—
• the defence of the person or another person;
• the prevention or termination of the unlawful deprivation of the

liberty of the person or another person;
• the protection of property.
S. 322L inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322L
Self-defence does not apply to a response to lawful conduct
Section 322K does not apply if—
(a) the person is responding to lawful conduct; and
(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.
CRIMES ACT 1958

- SECT 322M
Family violence and self-defence
(1) Without limiting section 322K, for the

purposes of an offence in circumstances where self-defence in the context of
family violence is in issue, a person may believe that the person's conduct is
necessary in self-defence, and the conduct may be a reasonable response in the
circumstances as the person perceives them, even if—
(a) the person is responding to a harm that is not immediate; or
(b) the response involves the use of force in excess of the force
involved
in the harm or threatened harm.
(2) Without limiting the evidence that may be adduced, in circumstances

where self-defence in the context of family violence is in issue, evidence of
family violence may be relevant in determining whether—
(a) a person has carried out conduct while believing it to be

necessary in
self-defence; or
(b) the conduct is a reasonable response in the circumstances as a

person
perceives them.
S. 322N inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322N
Abolition of self-defence at common law
Self-defence at common law is

abolished.
Division
3—Duress
S. 322O inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322O
Duress
(1) A person is not guilty of an offence in

respect of conduct carried out by the person under duress.
(2) A person carries out conduct under duress if—
(a) the person reasonably believes that—
(i) subject to subsection (3), a threat of harm has been made

that will be
carried out unless an offence is committed; and
(ii) carrying out the conduct is the only reasonable way that
the
threatened harm can be avoided; and
(b) the conduct is a reasonable response to the threat.
(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.
that the threat is to inflict death or really serious injury.
S. 322P inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322P
Family violence and duress
Without limiting the evidence that may be

adduced, in circumstances where duress in the context of family violence is in
issue, evidence of family violence may be relevant in determining whether a
person has carried out conduct under duress.
S. 322Q inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322Q
Abolition of duress at common law
The defence at common law of duress is

abolished.
Division
4—Sudden or extraordinary emergency
S. 322R inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322R
Sudden or extraordinary emergency
(1) A person is not guilty of an offence in

respect of conduct that is carried out in circumstances of sudden or
extraordinary emergency.
(2) This section applies if—
(a) the person reasonably believes that—
(i) circumstances of sudden or extraordinary emergency exist;

and
(ii) the conduct is the only reasonable way to deal with the
emergency;
and
(b) the conduct is a reasonable response to the emergency.
that the emergency involves a risk of death or really serious injury.
S. 322S inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322S
Abolition of necessity at common law
The defence at common law of necessity is

abolished.
Division
5—Intoxication
S. 322T inserted by
No. 63/2014 s. 4.
CRIMES ACT 1958

- SECT 322T
Intoxication
"defence" includes self-defence, duress and sudden or

extraordinary emergency;
"intoxication" means intoxication because of the influence of

alcohol, a drug or any other substance.
(2) If any part of a defence to an offence relies on reasonable belief, in

determining whether that reasonable belief existed, regard must be had to the
standard of a reasonable person who is not intoxicated.
(3) If any part of a defence to an offence relies on reasonable response,

in determining whether that response was reasonable, regard must be had to the
standard of a reasonable person who is not intoxicated.
(4) If a person's intoxication is not self-induced, in determining whether

any part of a defence to an offence relying on reasonable belief or reasonable
response exists, regard must be had to the standard of a reasonable person
intoxicated to the same extent as the person concerned.
(5) For the purposes of this section, intoxication is self-induced unless

it came about—
(a) involuntarily; or
(b) because of fraud, sudden or extraordinary emergency, accident,

reasonable mistake, duress or force; 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).
(6) Despite subsection (5), intoxication is self‑induced in the

circumstances referred to in subsection (5)(c) or (d) if the person using the
drug knew, or had reason to believe, when the person took the drug that the drug
would significantly impair the person's judgment or control.
Part
II—Offenders
Pt 2 Div. 1 (Heading) substituted by No.

9576 s. 4(1).
Division
1—Abettors, accessories andconcealers of
offences

s. 323) substituted by No. 9576 s. 4(1), amended by
No. 68/2009 s. 97(Sch. item 40.20), substituted by
No. 63/2014 s. 6.
(1) Complicity in
commission of offences
S. 323 substituted by
No. 63/2014 s. 6.
CRIMES ACT 1958

- SECT 323
Interpretation
(1) For the purposes of this Subdivision, a

person is involved in the commission of an offence if the
person—
(a) intentionally assists, encourages or directs the commission of the

offence; or
(b) intentionally assists, encourages or directs the commission of

another
offence where the person was aware that it was probable that the offence charged
would be committed in the course of carrying out the other offence; or
(c) enters into an agreement, arrangement or understanding with

another
person to commit the offence; or
(d) enters into an agreement, arrangement or understanding with

another
person to commit another offence where the person was aware that it was probable
that the offence charged would be committed in the course of carrying out the
other offence.
(2) In determining whether a person has encouraged the commission of an

offence, it is irrelevant whether or not the person who committed the offence in
fact was encouraged to commit the offence.
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.
(3) A person may be involved in the commission of an offence, by act or

omission—
(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.

No. 63/2014 s. 6.
CRIMES ACT 1958

- SECT 324
Person involved in commission of offence taken to have committed the offence
(1) Subject to subsection (3), if an offence

(whether indictable or summary) is committed, a person who is involved in the
commission of the offence is taken to have committed the offence and is liable
to the maximum penalty for that offence.
(2) Despite subsection (1), a person is not taken to have committed an

offence if the person withdraws from the offence.
Note
The common law recognises that in certain circumstances a person may

withdraw from an offence in which the person would otherwise be complicit: for
example, White v Ridley [1978] HCA 38; (1978) 140 CLR 342; R v Tietie,
Tulele and Bolamatu (1988) 34 A Crim R 438; R v Jensen and Ward
[1980] VicRp 24; [1980] VR 194.
(3) Nothing in this section imposes liability on a person for an offence

that, as a matter of policy, is intended to benefit or protect that
person.
S. 324A inserted by
No. 63/2014 s. 6.
CRIMES ACT 1958

- SECT 324A
Other offenders need not be prosecuted or found guilty
A person who is involved in the commission of an

offence may be found guilty of the offence whether or not any other person is
prosecuted for or found guilty of the offence.
S. 324B inserted by
No. 63/2014 s. 6.
CRIMES ACT 1958

- SECT 324B
Offender's role need not be determined
A person may be found guilty of an offence by

virtue of section 324 if the trier of fact is satisfied that the person is
guilty either as the person who committed the offence or as a person involved in
the commission of the offence but is unable to determine which
applies.
S. 324C inserted by
No. 63/2014 s. 6.
CRIMES ACT 1958

- SECT 324C
Abolition of certain aspects of complicity at common law
(1) The law of complicity at common law in

relation to aiding, abetting, counselling or procuring the commission of an
offence is abolished.
(2) The doctrines at common law of acting in concert, joint criminal

enterprise and common purpose (including extended common purpose) are
abolished.
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.

324–328) substituted as Pt 2 Div. 1 Subdiv. (2) (Heading and s. 324) by
No. 9576 s. 4(1), repealed by No. 63/2014
s. 6.
* * * * *

by No. 9576 s. 4(1).
(3)
Accessories

s. 4(1).
CRIMES ACT 1958

- SECT 325
Accessories
(1) Where a person (in this section called

the principal offender) has committed a serious indictable offence
(in this section called the principal offence), any other person
who, knowing or believing the principal offender to be guilty of the principal
offence or some other serious indictable offence, without lawful authority or
reasonable excuse does any act with the purpose of impeding the apprehension,
prosecution, conviction or punishment of the principal offender shall be guilty
of an indictable offence.
(2) If, on the trial of any person for a serious indictable offence, the
jury are satisfied that the offence charged (or some other serious indictable
offence of which the accused might on that charge be found guilty) was
committed, but find the accused not guilty of it, they may find him guilty of
any offence under subsection (1) of which they are satisfied that he is guilty
in relation to the offence charged (or that other offence).
S. 325(3) amended by No. 68/2009

s. 97(Sch. item 40.21).
(3) A person charged with an offence against subsection (1) may be

indicted and convicted together with or before or after the principal offender
and whether or not the principal offender is amenable to justice.
(4) A person convicted of an offence against subsection (1) shall be

liable—
S. 325(4)(a) substituted by No. 49/1991

s. 119(1)(Sch. 2
item 65(a)), amended by No. 48/1997
96(a)).
(a) if the principal offence is one for which the penalty is level 1
imprisonment (life) to level 3 imprisonment (20 years maximum);
or
(b) in any other case, to imprisonment for a term which is

neither—
S. 325(4)(b)(i) amended by No. 49/1991

s. 119(1)(Sch. 2
item 65(b)), substituted by No. 48/1997
96(b)).
(i) more than 5 years in length; nor
(ii) more than one-half the length of the longest term which may
be
imposed on first conviction for the principal offence.

s. 18(1).
* * * * *
(6) In this section, "serious indictable offence" means an

indictable offence which, by virtue of any enactment, is punishable on first
conviction with imprisonment for life or for a term of five years or
more.

by No. 9576 s. 4(1).
(4) Concealers of
offences

s. 4(1).
CRIMES ACT 1958

- SECT 326
Concealing offences for benefit
S. 326(1) amended
by Nos 49/1991 s. 119(1)(Sch.
2 item 66), 48/1997 s.
60(1)(Sch. 1 item 97(a)(b)).
(1) Where a person has committed a serious indictable offence, any other
person who, knowing or believing that the offence, or some other serious
indictable offence, has been committed and that he has information which might
be of material assistance in securing the prosecution or conviction of an
offender for it, accepts any benefit for not disclosing that information shall
be guilty of a summary offence and liable to level 8 imprisonment (1 year
maximum).
(2) Notwithstanding anything to the contrary in subsection (1), it is no

offence against this section to fail to disclose the commission of any offence
against—
(a) Division 2 of Part I; or
(b) subdivision (1), (2) or (3) of Division 3 of Part I—
if the only benefit accepted in return for failing to disclose the

commission of the offence is the making good of any loss or injury caused by its
commission or the making of reasonable compensation for any such loss or
injury.
(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. 18(1).
* * * * *
(5) The compounding of an offence other than treason shall not be an

offence otherwise than under this section.
(6) In this section, serious indictable offence has the same

meaning as it has in section 325.

s. 4.
CRIMES ACT 1958

- SECT 327
Failure to disclose sexual offence committed against child under the age of 16
years
"interests" includes reputation, legal liability and financial

status;
"organisation" includes a body corporate or an unincorporated

body or association, whether the body or association—
(a) is based in or outside Australia; or
(b) is part of a larger organisation;
S. 327(1) def. of sexual offence

(a) an offence committed under Subdivision (8A), (8B), (8C), (8E),

(8F) or
(8FA) of Division 1 of Part I on or after 1 July 2017; or
(b) an offence committed under Subdivision (8D) of Division 1 of Part

I on
or after 1 July 2017 other than an offence that only relates to child
abuse material of a kind described in paragraph (a)(i)(A) of the definition
of child abuse material in section 51A(1), where the torture,
cruelty or abuse is not sexual; or
Example
An offence committed under Subdivision (8D) of Division 1 of Part I that

relates to child abuse material that depicts or describes a child as a victim of
sexual abuse.
(c) an offence committed before 1 July 2017 under Subdivision (8A),

(8B),
(8C), (8D), (8E) or (8EAA) as then in force; or
(d) an attempt to commit an offence referred to in paragraph (a), (b)

or
(c); or
(e) an assault with intent to commit an offence referred to in

paragraph
(a), (b) or (c).
S. 327(2) amended by No. 36/2014

s. 7(1)(a).
(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.
Penalty: 3 years imprisonment.
(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 person reasonably believed to have committed, or to have been

involved in, the sexual offence; or
(b) any organisation.

(5) A person does not contravene subsection (2) if—
(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
(c) the victim requested that the information not be disclosed.
(6) Subsection (5) does not apply if—
(a) at the time of providing the information, the victim of the

alleged
sexual offence—
(i) has an intellectual disability (within the meaning of the

Disability Act 2006); and
(ii) does not have the capacity to make an informed decision

about whether
or not the information should be disclosed; and
(b) the person to whom the information is provided is aware, or ought

reasonably to have been aware, of those facts.
(7) A person does not contravene subsection (2) if—
(a) the person comes into possession of the information referred to in

subsection (2) when a child; or
S. 327(7)(b) amended by No. 30/2019

s. 16.
(b) the information referred to in subsection (2) would be privileged

under Part 3.10 (other than section 127) of Chapter 3 of the Evidence Act
2008; or
(c) the information referred to in subsection (2) is a confidential

communication within the meaning of section 32B of the Evidence
(Miscellaneous Provisions) Act 1958; or
(d) the person comes into possession of the information referred to in

subsection (2) solely through the public domain or forms the belief referred to
in subsection (2) solely from information in the public domain; or
S. 327(7)(e) amended by No. 36/2014

s. 7(1)(b).
(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.
S. 327(8) inserted by No. 19/2017

s. 54.
(8) A prosecution for an offence under subsection (2) must not be

commenced without the consent of the Director of Public Prosecutions.
S. 327(9) inserted by No. 19/2017

s. 54.
(9) In determining whether to consent to a prosecution for an offence

under subsection (2), the Director of Public Prosecutions must consider
whether the alleged offender has been subjected to family violence (within
the meaning of the Family Violence Protection Act 2008) that is relevant
to the circumstances in which the offence is alleged to have been
committed.

s. 4.
CRIMES ACT 1958

- SECT 328
Protection of those who disclose under section 327
A disclosure made under section 327(2) in good

faith—
(a) does not for any purpose constitute unprofessional conduct or a

breach
of professional ethics on the part of the person by whom it is made;
and
(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—
(i) section 141 of the Health Services Act 1988; or
S. 328(c)(ii) substituted by No. 36/2014

s. 8.
(ii) section 346 of the Mental Health Act 2014.

s. 4.
CRIMES ACT 1958

- SECT 329
Evidence and legal proceedings
(1) In any legal proceeding evidence may be

given as to the information contained in a disclosure under section
327(2).
(2) However in a legal proceeding evidence that a particular matter is

contained in information disclosed under section 327(2) or evidence that
identifies the person who made that disclosure, or is likely to lead to the
identification of that person is only admissible in the proceeding
if—
(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.
(3) A witness appearing in a legal proceeding must not be asked and, if

asked, is entitled to refuse to answer—
(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
(b) any question as to whether a particular matter is contained in

information disclosed under section 327(2)—
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. 4.
CRIMES ACT 1958

- SECT 330
Confidentiality
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—
(a) the name of the person who made the disclosure; or

(b) any information that is likely to lead to the identification of
the
person who made the disclosure.
Penalty: Level 8 imprisonment (1 year maximum).

s. 20.
(1A) An offence against subsection (1) is a summary offence.
(2) Subsection (1) does not apply to a disclosure made to a court or

tribunal in accordance with section 329.
(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]
* * * * *

ss 333, 334) repealed by No. 9576
s. 4(1).
* * * * *
Pt 2 Div. 2 (Heading) repealed by No.

74/2000 s. 3(Sch. 1 item 30.3).
* * * * *

s. 286(Sch. 2 item 7.1).
* * * * *
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

s. 2(b).
CRIMES ACT 1958

- SECT 336
Marital coercion
(1) Any presumption that an offence committed

by a wife in the presence of her husband is committed under his coercion is
hereby abolished.
S. 336(2) amended by No. 77/2005

s. 9.
(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.
(3) For the purposes of this section "coercion" means

pressure, whether in the form of threats or in any other form, sufficient to
cause a woman of ordinary good character and normal firmness of mind, placed in
the circumstances in which the woman was placed, to conduct herself in the
manner charged.
(4) Without limiting the generality of the expression "the circumstances

in which the woman was placed" in subsection (3), such circumstances shall
include the degree of dependence, whether economic or otherwise, of the woman on
her husband.
(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.

s. 2(b).
CRIMES ACT 1958

- SECT 337
Misprision
A married person shall not become guilty of

misprision by concealing or failing to disclose the commission of an indictable
offence by his or her spouse, or by the spouse and another party or parties, nor
by concealing or failing to disclose facts which might lead to the apprehension
of the spouse, or the spouse and such other or others, in respect of the
offence.

s. 2(b), amended by Nos 9228 s. 2(1)(i), 9576 s. 11(1), 19/1987
s. 28.
CRIMES ACT 1958

- SECT 338
Accessory after the fact
A married person shall not become an accessory

to any indictable offence by receiving, relieving, comforting or assisting his
or her spouse, or the spouse and another person or persons, though with
knowledge that the spouse, whether alone or with the other person or persons,
has committed an offence and though the purpose of what is done is to enable the
spouse, or the spouse and the other person or persons, to escape being
apprehended, tried or punished.

s. 2(b).
CRIMES ACT 1958

- SECT 339
Conspiracy and incitement
(1) A married person shall be criminally

responsible for incitement or conspiracy to commit treason or murder and for any
offence specified in section 4 as if he or she were unmarried.
(2) Subject to subsection (1), a married person shall not be criminally

responsible for conspiracy with his or her spouse alone, nor for incitement of
his or her spouse to commit a criminal offence.

s. 11(1).
(3) Nothing in subsection (2) shall affect the liability of a married

person as a principal offender in any offence except conspiracy or
incitement.

s. 5.
* * * * *
Pt 2A (Heading and ss 340–345)

Part
IIA—Extra-territorial offences

s. 4.
CRIMES ACT 1958

- SECT 340
Definitions
(1) In this Part—
S. 340(1) def. of appropriate

authority amended by No. 37/2014 s. 10(Sch. item
36.10(a)).
"appropriate authority" means—
(a) in relation to another State of the Commonwealth, or a Territory

of
the Commonwealth (other than the Australian Capital Territory)—an
authority exercising in relation to the police force or police service of that
State or Territory functions corresponding to those of the Chief Commissioner
appointed under the Victoria Police Act 2013 in relation to Victoria
Police;
(b) in relation to the Australian Capital Territory—the

Commissioner
of the Australian Federal Police;
"corresponding law" means a law of another State, or of a

Territory, of the Commonwealth declared by Proclamation to be a corresponding
law;
"night" means the interval between 9 o'clock in the evening and
6 o'clock in the morning;
"obstruct" includes assault, threaten, abuse, insult,

intimidate, hinder and attempt to obstruct;
"offence to which this Part applies" means an indictable

offence against the law of a reciprocating State (being an offence arising from
an act, omission or state of affairs which, if done or occurring in Victoria,
would attract criminal liability under the law of Victoria);
"owner", of an object, includes a person entitled to possession

of the object;
S. 340(1) def. of
police force repealed by No. 37/2014 s. 10(Sch. item
36.10(b)).
* * * * *
"premises" means a building, structure or any place whatsoever

(whether built upon or not and whether enclosed or unenclosed) and includes an
aircraft, vessel or vehicle;
"reciprocating State" means another State, or a Territory, of

the Commonwealth—
(a) in which a corresponding law is in force; and
(b) in relation to which arrangements are in force under section

344;
"search warrant" means a warrant under this Part authorising a

search of premises.
(2) For the purposes of this Part—
(a) anything obtained by the commission of an offence, used for the

purpose of committing an offence, or in respect of which an offence has been
committed; or
(b) anything that may afford evidence of the commission of an offence;

or
(c) anything intended to be used for the purpose of committing an

offence—
is an object relevant to the investigation of the offence.

(3) The Governor in Council may, by proclamation published in the
Government Gazette, declare a law of another State, or of a Territory, of the
Commonwealth to be a corresponding law.

s. 4.
CRIMES ACT 1958

- SECT 341
Issue of search warrant
S. 341(1)
amended by No. 37/2014 s. 10(Sch. item
36.11).
(1) If, upon the application of a police officer, a magistrate is

satisfied that there are reasonable grounds to believe—
(a) that an offence to which this Part applies has been, or is

intended to
be, committed; and
(b) that there is at any premises an object relevant to the

investigation
of that offence—
the magistrate may issue a search warrant in respect of those

premises.
(2) The grounds of an application for a search warrant must be verified by

affidavit.
S. 341(3) amended by No. 57/1989

s. 3(Sch. item 42.19).
(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.

s. 4.
CRIMES ACT 1958

- SECT 342
Authority conferred by and other incidents of a search warrant
S. 342(1)
36.11).
(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.
(2) Subject to any direction by a magistrate authorising execution of a

search warrant at night, or during specified hours of the night, it must not be
executed at night.
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.
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.
No. 37/2014 s. 10(Sch. item 36.11).
(6) A police officer who executes a search warrant—
(a) must prepare a notice in the prescribed form

containing—
(i) his or her own name and rank;
(ii) the name of the magistrate who issued the warrant and the
date and
time of its issue; and
(iii) a description of any objects seized and removed in

pursuance of the
warrant; and
(b) as soon as practicable, after the execution of the warrant, must

give
the notice to the occupier (if any) of the premises in respect of which the
warrant was issued or leave it for him or her in a prominent position on those
premises.
(7) A search warrant, if not executed at the expiration of one month from
the date of its issue, then expires.
s. 4, amended by Nos 49/1991
s. 119(1)(Sch. 2
item 67), 48/1997 s.
60(1)(Sch. 1 item 98).
CRIMES ACT 1958

- SECT 343
Obstruction
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.
Penalty: Level 9 fine (60 penalty units maximum).
S. 343(2) inserted by No. 48/1997

99).
(2) An offence under subsection (1) is a summary offence.

s. 4.
CRIMES ACT 1958

- SECT 344
Ministerial arrangements for transmission and return of seized objects
(1) The Minister may enter into arrangements

with a Minister to whom the administration of a corresponding law is committed
under which—
(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—
(i) are to be transmitted to the appropriate authority in that

State or
Territory for the purposes of investigation of, or proceedings in respect of,
that offence; and
(ii) when no longer required for the purpose of any such

investigation or
proceedings, are (unless disposed of by order or direction of a court) to be
returned to the Chief Commissioner of Police for Victoria; and
(b) objects seized under the corresponding law that may be relevant to
the
investigation of an offence against the law of Victoria—
(i) are to be transmitted to the Chief Commissioner of Police of

Victoria;
and
(ii) when no longer required for the purposes of investigation

of an
offence, or proceedings in respect of an offence, are (unless disposed of by
order or direction of a court) to be returned to the appropriate authority in
the State or Territory in which they were seized.
(2) The owner of an object returned to the Chief Commissioner of Police in

pursuance of arrangements under subsection (1) is entitled to the return of the
objects.
(3) The right referred to in subsection (2) is enforceable by action in

detinue in a court of competent jurisdiction.

s. 4, amended by No. 10/1999 s. 31(5)(a).
CRIMES ACT 1958

- SECT 345
Regulations
The Governor in Council may make regulations for

or with respect to any matter or thing required or permitted by this Part to be
prescribed to give effect to this Part.
Part
III—Procedure and punishment
Division
1—Pleading procedure, proof &c.

351–356)
repealed.[23]
* * * * *

by No. 25/1989 s. 20(h)(i).
* * * * *
S. 357 amended by Nos 8338 s. 7(c),

9554 s. 2(2)(Sch. 2 item 59), 9576 s. 11(1), 9848 s. 18(1),
repealed by No. 10260 s. 114(Sch. 4 item 4).
* * * * *

(Heading and s. 357) inserted by No. 49/1991
s. 119(7)(Sch. 4
item 4.1), repealed by 7/2009 s. 422(2)(a) (as amended by No.
68/2009 s. 54(h)).
* * * * *

by No. 7703 s. 5, new Pt 3 Div. 1 Subdiv. (3) (Heading) inserted
by No. 8280 s. 13, amended by No. 9019
s. 2(1)(Sch. item 40),
repealed by No. 9902 s. 2(1)(Sch. item 52).
* * * * *
S. 358 repealed by No. 7703 s. 5, new

s. 358 inserted by No. 8280 s. 13, repealed by No. 9008
s. 2(1)(Sch. item 2(b)).
* * * * *

by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
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. 359A inserted by No. 8950 s. 4,

substituted by No. 9509 s. 7(1), amended by Nos 110/1986 s. 140(2),
25/1989 s. 7, 57/1989 s. 3(Sch. item 42.26), 8/1991 s. 4, 81/1991
s. 10(Sch. item 1.1), 35/1999 s. 34(2), 67/2000 s. 7(3), 50/2006
s. 7(3)(4), 18/2008 s. 3, repealed by No. 7/2009 s. 422(2)(a) (as
amended by No. 68/2009 s. 54(h)).
* * * * *
s. 8, repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *

repealed.[25]
* * * * *

repealed.[26]
* * * * *

by No. 9902 s. 2(1)(Sch. item 53).
* * * * *
S. 362 amended by No. 8338 s. 7(a),
repealed by No. 9008 s. 2(1)(Sch. item 2(e)).
* * * * *

amended by Nos 8425 s. 2(1)(i), 9576 s. 11(1), repealed by
No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *

364–387)
repealed.[27]
* * * * *
Pt 3 Div. 1 Subdiv. (10) (Heading and s.

388) amended by No. 35/1996s.
453(Sch. 1 item 16.3), repealed by No. 7/2009 s. 422(2)(a) (as amended
by No. 68/2009 s. 54(h)).
* * * * *
389) amended by Nos 7705 s. 10, 9576 s. 11(1), repealed by
s. 54(h)).
* * * * *

390–396) repealed. [28] [29]
* * * * *

397) amended by Nos 35/1996s.
453(Sch. 1 item 16.6), 18/2005 s. 18(Sch. 1 item 27.6), repealed by
s. 54(h)).
* * * * *
(14) Evidence.
Depositions. Subpoenas andwarrants against
witnesses
S. 398 amended by Nos 8731 s. 173,

25/1989 s. 19(e), 57/1989 s. 3(Sch. item 42.32), 12/1993
s. 4(a), 35/1996s. 453(Sch. 1
item 16.7), repealed by No. 7/2009 s. 422(2)(b) (as amended by No.
68/2009 s. 54(h)).
* * * * *

s. 5(a), repealed by No. 12/1993 s. 4(b),
new s. 398A inserted by No.
81/1997s. 14, repealed by
No. 69/2009 s. 42.
* * * * *
S. 399 amended by Nos 7546 s. 8, 8870

s. 5(2), 9008 s. 2(1)(Sch. item 2(f)), substituted by No. 9230
s. 2, amended by Nos 37/1986 s. 5(b), 25/1989 s. 19(f)(g),
57/1989 s. 3(Sch. items 42.33, 42.34), 12/1993 s. 4(c)–(e),
35/1996 s. 453(Sch. 1 item 16.8), 68/2009 s. 97(Sch. item 40.22),
* * * * *

amended by Nos 9848 s. 18(1), 57/1989 s. 3(Sch. item 42.35),
35/1996s. 453(Sch. 1 item 16.9),
repealed by No. 7/2009 s. 422(2)(b) (as amended by No. 68/2009
s. 54(h)).
* * * * *
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. 400 substituted by No. 7546 s. 9,

amended by Nos 7994 s. 3, 8338 s. 6, 8410 s. 2, 9019
s. 2(1)(Sch. item 44), substituted by No. 9230 s. 3, amended by Nos
25/1989 s. 19(h), 57/1989 s. 3(Sch. items 42.36, 42.37), 35/1996
s. 453(Sch. 1 item 16.11), repealed by No. 69/2009
s. 44.
* * * * *
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)).
* * * * *
S. 402 amended by No. 9576 s. 11(1),

s. 54(h)).
* * * * *

s. 3.
* * * * *
No. 6103 s. 404.
S. 404 amended by No. 57/1989 s. 3(Sch.

item 42.38).
CRIMES ACT 1958

- SECT 404
Proof of marriage on trial for bigamy
On the hearing before a magistrate of or on

the trial of any person on a charge of having (during the life of his or
her wife or husband) gone through the form or ceremony of marriage with some
other person, the production of a copy of the register or other official
record of a marriage or of an extract from such register or other official
record shall on proof of the identity of such first-mentioned person be prima
facie evidence of his or her marriage or of his or her having gone through the
ceremony of marriage—
(a) if such copy or extract is proved to be an examined copy or
extract of
or from the register or other official record of marriages kept in any portion
of Her Majesty's dominions; or
(b) if such copy or extract purports to be signed and certified as a

true
copy or extract by the officer to whose custody the original is intrusted, and
if the facts that such officer is an officer intrusted with the custody of the
original register or official record and that the signature thereto is the
signature of such officer and that such register or other official record is an
official record within the meaning of this Act purports to be certified to by a
judge of a superior court or Governor or Administrator of the Government of that
portion of Her Majesty's dominions in which such register or official record is
kept.
No. 6103 s. 405.
CRIMES ACT 1958

- SECT 405
Meaning of term official record
(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]
* * * * *
S. 409 amended by Nos 8425 s. 2(1)(l),

9576 s. 11(1), 25/1989 s. 10, repealed by No. 7/2009
s. 422(2)(b) (as amended by No. 68/2009
s. 54(h)).
* * * * *

s. 143(b).
* * * * *
S. 411 amended by Nos 7705 s. 10, 7876

s. 2(3), 57/1989 s. 3(Sch. item 42.39), repealed by
No. 69/2009 s. 46.
* * * * *

s. 422(2)(b) (as amended by No. 68/2009
s. 54(h)).
* * * * *
S. 413 amended by Nos 8275 s. 12, 9059

s. 2(1)(Sch. item 10), 57/1989 s. 3(Sch. item 42.40), 10/1999
s. 8(5), 68/2009 s. 97(Sch. item 40.23), repealed by No. 69/2009
s. 47.
* * * * *
No. 6103 s. 414.

s. 54(h)).
* * * * *
S. 415 amended by Nos 7705 s. 10, 8410

s. 3, 9554 s. 2(2)(Sch. 2 item 60), 110/1986 s. 140(2), 19/1989
s. 16(Sch. items 16.6, 16.7), 57/1989 s. 3(Sch. items 42.41,
42.42), 49/1991
s. 119(1)(Sch. 2
item 68), 69/1997s. 22(11),
* * * * *
416) repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *

417) amended by Nos 7705 s. 10, 8870 s. 5(1), 37/1986 s. 5(c),
12/1993 s. 4(f)(g), 35/1996 s. 453(Sch. 1 item 16.12), repealed by No.
7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
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)).
* * * * *

by No. 43/2012 s. 3(Sch. item 11.1)).
* * * * *

s. 49.
* * * * *
Pt 3 Div. 1 Subdiv. (19) (Heading) amended

by No. 65/1997s.
82(2)(b).
(19) Verdicts.
Attempts, &c.
102/1986 s. 8(c)(d), repealed by No.
65/1997s.
82(2)(c).[31]
* * * * *
cf. [1792] 32 George III

c. LX
s. 1.

s. 2(e).
CRIMES ACT 1958

- SECT 420A
Where person charged with unlawful publication of defamatory matter
On the trial of a person charged with the

unlawful publication of defamatory matter—
(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
(b) the question whether any matter alleged to be defamatory is or is

not
capable of a defamatory meaning is a question of law.

s. 6.
CRIMES ACT 1958

- SECT 421
Alternative verdicts on charge of murder
S. 421(1)
(1) On an indictment for murder a person found not guilty of murder may be
found guilty of—
(a) manslaughter;
S. 421(1)(ab) inserted by No. 7/2008

s. 7(3)(c).
(ab) child homicide;
S. 421(1)(ac) inserted by No. 16/2020

s. 7.
(ac) homicide by firearm;
(b) any offence of which he may be found guilty under an enactment

specifically so providing;
(c) an offence against section 325; or
(d) an attempt to commit murder or an attempt to commit any offence of

which he may by virtue of this subsection be found guilty—
but may not be found guilty of any other offence.
S. 421(2)(3) repealed by No. 7/2009

s. 422(2)(c) (as amended by No. 68/2009
s. 54(h)).
* * * * *
S. 421(4) amended by Nos 110/1986

s. 140(2), 19/1989 s. 16(Sch. item 16.8), repealed by No. 7/2009
s. 422(2)(c) (as amended by No. 68/2009
s. 54(h)).
* * * * *

repealed by No. 68/2009 s. 97(Sch. item 40.25), new s. 422
CRIMES ACT 1958

- SECT 422
Alternative verdict on charge of causing serious injury in circumstances of gross
violence
(1) If on the trial of a person charged with an

offence against section 15A the jury are not satisfied that the person is guilty
of the offence charged but are satisfied that he or she is guilty of an offence
against section 16, the jury may acquit the accused of the offence charged and
find the person guilty of an offence against section 16 and the person charged
is liable to punishment accordingly.
(2) If on the trial of a person charged with an offence against section

15B the jury are not satisfied that the person is guilty of the offence charged
but are satisfied that he or she is guilty of an offence against section 17, the
jury may acquit the accused of the offence charged and find the person guilty of
an offence against section 17 and the person charged is liable to punishment
accordingly.

s. 7.
CRIMES ACT 1958

- SECT 422A
Alternative verdict for certain charges relating to driving
S. 422A(1)

318 (culpable driving causing death) the jury are not satisfied that he or she
is guilty of the offence charged but are satisfied that he or she is guilty
of an offence against section 319(1) (dangerous driving causing death), the jury
may acquit the accused of the offence charged and find him or her guilty of the
offence against section 319(1) and he or she is liable to punishment
accordingly.

s. 5(3).
(1A) If on the trial of a person charged with an offence against section

24 (negligently causing serious injury) the jury are not satisfied that he or
she is guilty of the offence charged but are satisfied that he or she is guilty
of an offence against section 319(1A) (dangerous driving causing serious
injury), the jury may acquit the accused of the offence charged and find him or
her guilty of the offence against section 319(1A) and he or she is liable to
punishment accordingly.
S. 422A(2) repealed by No. 68/2009

s. 97(Sch. item 40.26).
* * * * *
No. 6103 s. 423.
S. 423 amended by Nos 9576 s. 11(1),

77/2005 s. 8(3)(b), 7/2008 s. 7(3)(d), repealed by No. 68/2009
s. 97(Sch. item 40.27).
* * * * *
No. 6103 s. 424.
S. 424 amended by No. 9576 s. 11(1),

repealed by No. 68/2009 s. 97(Sch. item 40.28).
* * * * *
S. 425 substituted by Nos 7577 s. 4,

9509 s. 8, 8/1991 s. 5, amended by Nos 65/1991 s. 4, 81/1991
s. 10(Sch. items 1.2, 1.3), 67/2000 s. 7(4)–(6), 68/2009
s. 97(Sch. item 40.29), 74/2014 s. 7(8), 47/2016 s. 21, repealed
by No. 5/2018 s. 7.
* * * * *
s. 11(1)(Sch.), new s. 426 inserted by No. 22/2009
s. 4.
CRIMES ACT 1958

- SECT 426
Alternative verdict for identity crime offences
If, on the trial of a person charged with an

offence against section 192B, the jury are not satisfied that the person charged
is guilty of the offence charged but are satisfied that the person charged is
guilty of an offence against section 192C, the jury may acquit the person
charged of the offence charged and find the person charged guilty of an offence
against section 192C and the person charged is liable to punishment
accordingly.
S. 427 repealed by No. 8425 s. 2(1)(h),

new s. 427 inserted by No. 9228 s. 2(1)(j), amended by No.
48/1997 s.
58(1).
CRIMES ACT 1958

- SECT 427
Alternative verdict for destroying property charges
(1) Where a person is charged with committing

an offence against section 197(2) or section 197(3) and the jury are not
satisfied that he is guilty of that offence but are satisfied that he is guilty
of an offence against section 197(1), the jury may return as their verdict that
he is not guilty of the offence charged but is guilty of the offence against
section 197(1).
S. 427(2) inserted by No. 48/1997

s. 58(2).

197A the jury are not satisfied that he or she is guilty of the offence charged
but are satisfied that he or she is guilty of an offence against section 197,
the jury may acquit the accused of the offence charged and find him or her
guilty of whichever of the offences against section 197 they are satisfied that
he or she is guilty of and he or she is liable to punishment
accordingly.
S. 428 amended by Nos 8425 s. 2(1)(m),

9019 s. 2(1)(Sch. item 45), repealed by No. 9576 s. 11(1),
new s. 428 inserted by 10/2003 s. 7.
CRIMES ACT 1958

- SECT 428
Alternative verdict for charges of unauthorised modification of data to cause
impairment

offence against section 247C the jury are not satisfied that he or she is guilty
of the offence charged but are satisfied that he or she is guilty
of—
(a) an offence under section 197(1); or
(b) an offence under section 247D—
guilty of whichever of those offences they are satisfied that he or she is
guilty and he or she is liable to punishment accordingly.
New s. 429 inserted by No.

10/2003 s. 7.
CRIMES ACT 1958

- SECT 429
Alternative verdict for charges of unauthorised impairment of electronic
communication

offence against section 247D the jury are not satisfied that he or she is guilty
of the offence charged but are satisfied that he or she is guilty
of—
(a) an offence under section 197(1); or
(b) an offence under section 247C—
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. 2(1)(h).
* * * * *
s. 11(1).
CRIMES ACT 1958

- SECT 435
Alternative verdict for charges relating to riots
Where on the trial of a person for any offence

against section 206(1) the jury are not satisfied that he is guilty of the
offence charged but are satisfied that he is guilty of an offence against
section 206(2), the jury may return as their verdict that he is not guilty of
the offence charged but is guilty of the offence against section 206(2); and he
shall be liable to punishment accordingly.

by No. 8870 s. 6(1), repealed by No. 25/1989
s. 20(h)(ii).
* * * * *

amended by No. 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4 item
4).
* * * * *

436) amended by No. 9902 s. 2(1)(Sch. item 54) repealed by No. 7/2009
s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
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. 54(h)).
* * * * *

440–443) amended by Nos 7577 s. 5, 8280 s. 15, 8425
s. 2(1)(h), 9554 s. 2(2)(Sch. 2 item 61), 9848 s. 18(1), 49/1991
s. 119(1) (Sch. 2 item 69), 69/1997 s. 22(12), repealed by
s. 54(h)).
* * * * *
444) repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *

445) amended by Nos 7705 s. 10, 7876 s. 2(3), 9008 s. 2(1)(Sch.
item 2(g)), 110/1986 s. 140(2), 57/1989 s. 3(Sch.
item 42.45) repealed by No. 7/2009 s. 422(2)(a) (as amended by No.
68/2009 s. 54(h)).
* * * * *

446–450)
repealed.[32]
* * * * *

451–453) amended by Nos 110/1986 s. 140(2),
35/1996s. 453(Sch. 1 items 16.15,
16.16), 78/2008 s. 25(3), repealed by No. 7/2009 s. 422(2)(a) (as
amended by No. 68/2009 s. 54(h)).
* * * * *

454) amended by Nos 9576 s. 11(1), 57/1989 s. 3(Sch. item 42.46),
repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009
s. 54(h)).
* * * * *
455) amended by No. 7705 s. 10, repealed by No. 7/2009
s. 54(h)).
* * * * *

456) amended by No. 19/1989 s. 16(Sch. items 16.9, 16.10), repealed by
s. 54(h)).
* * * * *
Pt 3 Div. 1 Subdiv. (29A) (Heading and

s. 456AA) inserted by No. 129/1993 s. 4 (as amended by No. 33/1994
s. 27(5)).
(29A) Giving name
and address on demand
S. 456AA inserted by No. 129/1993 s. 4

(as amended by No. 33/1994 s. 27(5)).
CRIMES ACT 1958

- SECT 456AA
Requirement to give name and address
S. 456AA(1)
amended by Nos 37/2014 s. 10(Sch. item 36.12(a)), 45/2017
s. 15(1).
(1) A police officer or a protective services officer on duty at a

designated place may request a person to state his or her name and address if
the police officer or the protective services officer believes on reasonable
grounds that the person—
(a) has committed or is about to commit an offence, whether indictable

or
summary; or
(b) may be able to assist in the investigation of an indictable

offence
which has been committed or is suspected of having been committed.
S. 456AA(2) amended by
Nos 37/2014 s. 10(Sch. item 36.12(b)), 45/2017
s. 15(2).
(2) A police officer or a protective services officer who makes a request

under subsection (1) must inform the person of the grounds for his or her belief
in sufficient detail to allow the person to understand the nature of the offence
or suspected offence.
S. 456AA(3) amended by Nos 69/1997

s. 22(13), 37/2014 s. 10(Sch.
item 36.12(b)), 45/2017 s. 15(3).
(3) A person who, in response to a request made by a police officer or a

protective services officer in accordance with this section—
(a) refuses or fails to comply with the request; or
(b) states a name that is false in a material particular; or
(c) states an address other than the full and correct address of his
or
her ordinary place of residence or business—
is guilty of a summary offence punishable on conviction by a level 11 fine

S. 456AA(4) amended by
Nos 37/2014 s. 10(Sch. item 36.12(c)), 45/2017
s. 15(4).
(4) A person who is requested by a police officer or a protective services

officer under subsection (1) to state his or her name and address may request
the officer to state, orally or in writing, his or her name, rank and place of
duty.
S. 456AA(5) amended by Nos 69/1997

s. 22(13), 37/2014 s. 10(Sch.
item 36.12(d)(i)), 45/2017 s. 15(5).
(5) A police officer or a protective services officer who, in response to

a request under subsection (4)—
(a) refuses or fails to comply with the request; or
(b) states a name or rank that is false in a material particular;

or
S. 456AA(5)(c) amended by
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
(d) refuses to comply with the request in writing if requested to do

so—
is guilty of a summary offence punishable on conviction by a level 11 fine

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).
"designated place" has the same meaning as in the Victoria

Police Act 2013.
Pt 3 Div. 1 Subdiv. (29B) (Heading and ss

456A–456F) inserted by No. 120/1993 s. 79, repealed by No.
30/1997 s. 6.
* * * * *
(30) Apprehension of offenders

s. 2.
CRIMES ACT 1958

- SECT 457
No person to be arrested without warrant except under this Act etc.
After the commencement of the Crimes (Powers

of Arrest) Act 1972 no person shall be arrested without warrant except
pursuant to the provisions of—
(a) this Act; or
(b) some other Act expressly giving power to arrest without

warrant.

CRIMES ACT 1958

- SECT 458
Person found committing offences may be arrested without warrant by any person
S. 458(1)
36.13).
(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—
(a) he finds committing any offence (whether an indictable offence or

an
offence punishable on summary conviction) where he believes on reasonable
grounds that the apprehension of the person is necessary for any one or more of
the following reasons, namely—
S. 458(1)(a)(i) amended by No. 68/2009

s. 97(Sch. item 40.30).
(i) to ensure the attendance of the offender before a court of

competent
jurisdiction;
(ii) to preserve public order;
(iii) to prevent the continuation or repetition of the offence

or the
commission of a further offence; or
(iv) for the safety or welfare of members of the public or of

the
offender;
S. 458(1)(b) amended by
No. 37/2014 s. 10(Sch. item 36.13).
(b) when instructed so to do by any police officer having power under

this
Act to apprehend that person; or
S. 458(1)(c) amended by No. 117/1986

s. 6(Sch. 1 item 1(8)(a)).
(c) he believes on reasonable grounds is escaping from legal custody

or
aiding or abetting another person to escape from legal custody or avoiding
apprehension by some person having authority to apprehend that person in the
circumstances of the case.
(2) For the purposes of paragraph (a) in subsection (1)

"offence" means offence at common law or a contravention of or
failure to comply with a provision of an Act of Parliament and unless otherwise
by Act of Parliament expressly provided does not include a contravention of or
failure to comply with a rule regulation by-law or other law made under an Act
of Parliament.

s. 2(1)(Sch. item 2(k)), 68/2009 s. 97(Sch. item
40.31).
(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. 458(4) inserted by No. 68/2009

s. 97(Sch. item 40.32).
(4) In subsection (3), "notice to appear" has the same meaning

as in the Criminal Procedure Act 2009.
S. 459 (Heading) inserted by

No. 43/2011 s. 17(1), amended by No. 37/2014 s. 10(Sch.
item 36.14).

amended by No. 43/2011 s. 17(2)(3)
(ILA s. 39B(1)).
CRIMES ACT 1958

- SECT 459
Powers of police officer or protective services officer to apprehend offenders
S. 459(1)
36.15(a)).
(1) In addition to exercising any of the powers conferred by section 458

or by or under any other Act a police officer, or a protective services officer
on duty at a designated place, may at any time without warrant apprehend any
person—

s. 97(Sch. item 40.33).
(a) he believes on reasonable grounds has committed an indictable

offence
in Victoria (including any indictable offence which may be heard and determined
summarily); or

s. 97(Sch. item 40.33).
(b) he believes on reasonable grounds has committed an offence

elsewhere
which if committed in Victoria would be an indictable offence against the law of
Victoria (including any indictable offence which may be heard and determined
summarily).

No. 1/2016 s. 22(1).
Note
There is a presumption in favour of proceeding by summons if an accused is

a child—see section 345 of the Children, Youth and Families Act
2005.
S. 459(2) inserted by No. 43/2011

s. 17(3), amended by No. 37/2014 s. 10(Sch. item
36.15(a)).
(2) If a protective services officer arrests a person under subsection

(1), the protective services officer must hand the person into the custody of a
police officer as soon as practicable after the person is arrested.
S. 459(2A) inserted by
No. 45/2017 s. 52.
(2A) A protective services officer may only exercise the power to

apprehend without warrant under this section in relation to a person who is at,
or in the vicinity of, a designated place.
S. 459(3) inserted by No. 43/2011

36.15(b)).
(3) In this section, "designated place" has the same meaning

as it has in the Victoria Police Act 2013.
s. 7(a).
CRIMES ACT 1958

- SECT 459A
Entry and search of premises
S. 459A(1)
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—
(a) believes on reasonable grounds—
(i) to have committed in Victoria a serious indictable offence;
(ii) to have committed an offence elsewhere which if committed

in Victoria
would be a serious indictable offence; or
(iii) to be escaping from legal custody; or
(b) finds committing a serious indictable offence—
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).
(2) In order to enter a place pursuant to subsection (1), a police

officer may, if it is necessary to do so, use reasonable force.
(3) In this section serious indictable offence has the same

meaning as it has in section 325.

amended by Nos 8410 s. 4, 9008 s. 2(1)(Sch. item 2(l)), substituted by
No. 10076 s. 4(1), amended by No. 16/1986 s. 30, repealed by No.
37/1988 s. 4.
* * * * *
S. 461 amended by No. 7546 s. 11,
substituted by No. 8247 s. 2.
CRIMES ACT 1958

- SECT 461
Arrest on reasonable grounds not to be taken to be unlawful
(1) Where an apprehension is made under a

belief on reasonable grounds in accordance with the provisions of section 458 or
section 459 the apprehension shall not cease to be lawful or be taken to be
unlawful where it subsequently appears or is found that the person apprehended
did not commit the offence alleged.

s. 3(Sch. item 42.54), 68/2009 s. 97(Sch. item 40.34), 37/2014
s. 10(Sch. item 36.17).
(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.
S. 461(3) inserted by No. 68/2009

s. 97(Sch. item 40.35).
(3) In subsection (2) "notice to appear" has the same meaning

as in the Criminal Procedure Act 2009.

s. 2.
CRIMES ACT 1958

- SECT 462
Definition of finds committing
In this Act the expression finds committing and any

derivative thereof extends to the case of a person found doing any act or so
behaving or conducting himself or in such circumstances that the person finding
him believes on reasonable grounds that the person so found is guilty of an
offence.

s. 7(b).
CRIMES ACT 1958

- SECT 462A
Use of force to prevent the commission of an indictable offence
A person may use such force not disproportionate

to the objective as he believes on reasonable grounds to be necessary to prevent
the commission, continuance or completion of an indictable offence or to effect
or assist in effecting the lawful arrest of a person committing or suspected of
committing any offence.
Example to s. 462A inserted by No.

32/2018 s. 131.
Example
A police officer or protective services officer uses lethal force on a

person to prevent that person from committing an indictable offence that
involves causing really serious injury or death because the officer believes on
reasonable grounds that it is necessary to use that force for that purpose. The
police officer or protective services officer may do so before that offence is
committed.

s. 2.
* * * * *
S. 463A inserted by No. 7088 s. 2(e),

CRIMES ACT 1958

- SECT 463A
Arrest of offenders on board aircraft
(1) The person in command of an aircraft may,

on board the aircraft, with such assistance as is necessary, arrest without
warrant a person whom he finds committing, or reasonably suspects of having
committed, or of having attempted to commit, an offence on or in relation to or
affecting the use of an aircraft and that person in command or a person
authorized by him may hold the person so arrested in custody until he can be
brought before a bail justice or the Magistrates' Court or other proper
authority to be dealt with in accordance with law.
(2) The person in command of an aircraft may, where he considers it

necessary so to do in order to prevent an offence on or in relation to or
affecting the use of an aircraft or to avoid danger to the safety of the
aircraft or of persons on board the aircraft, with such assistance as he thinks
necessary—
(a) place a person who is on board the aircraft under restraint or in

custody; and
(b) if the aircraft is not in the course of a flight—remove a

person
from the aircraft.

s. 3.
CRIMES ACT 1958

- SECT 463B
Prevention of suicide
Every person is justified in using such force as

may reasonably be necessary to prevent the commission of suicide or of any act
which he believes on reasonable grounds would, if committed, amount to
suicide.

s. 2(1)(h).
* * * * *
Pt 3 Div. 1 Subdiv. (30A) (Heading and ss

464–464J) inserted by No. 37/1988 s. 5.
(30A) Custody and

investigation

s. 5.
CRIMES ACT 1958

- SECT 464
Definitions
(1) For the purposes of this Subdivision a

person is in custody if he or she is—
(a) under lawful arrest by warrant; or
(b) under lawful arrest under section 458 or 459 or a provision of any
other Act; or
(c) in the company of an investigating official and is—
(i) being questioned; or

(ii) to be questioned; or
(iii) otherwise being investigated—
to determine his or her involvement (if any) in the commission of an

offence if there is sufficient information in the possession of the
investigating official to justify the arrest of that person in respect of that
offence.
S. 464(2) def. of Aboriginal person

"Aboriginal person" means a person who—
(a) is descended from an Aboriginal person or Torres Strait Islander;

and
(b) identifies as an Aboriginal person or Torres Strait Islander;

and
(c) is accepted as an Aboriginal person or Torres Strait Islander by

an
Aboriginal or Torres Strait Islander community;
S. 464(2) def. of appropriate

authority inserted by No. 16/2002 s. 5, amended by
No. 37/2014 s. 10(Sch. item 36.18(a)(i)).
"appropriate authority" means—
(a) in relation to the Commonwealth or the Australian Capital

Territory—the Commissioner (within the meaning of section 23WA of the
Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any
other prescribed authority; or
(b) in relation to any other participating jurisdiction—an

authority
exercising, in relation to the police force or police service of that
jurisdiction, functions corresponding to those of the Chief Commissioner of
Police or any other prescribed authority;
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).
"Australian Crime Commission" means the Australian Crime

Commission (by whatever name described) established by the Australian
Crime Commission Act 2002 of the Commonwealth;
S. 464(2)
def. of authorised person
inserted by No. 25/1989 s. 11(a), repealed by No. 23/1991 s. 8(1)(a),
new def. of authorised person inserted by No. 23/1991
s. 8(1)(b).
"authorised person" means a person appointed as an authorised

person under subsection (3);
S. 464(2)
def. of compulsory
procedure inserted by No. 129/1993 s. 6(a).
"compulsory procedure" means the taking of an intimate or

non-intimate sample or the conduct of a physical examination;
S. 464(2)
def. of correspond-ing law
"corresponding law" means a law relating to the carrying out of

forensic procedures and DNA databases that—
(a) substantially corresponds to this Subdivision; or
(b) is prescribed for the purposes of this definition;
S. 464(2)
def. of
crime scene index
"crime scene index" means an index of DNA profiles derived from

forensic material found or other material found—
(a) at any place (whether within or outside Victoria) where an offence

(whether under the law of Victoria or of a participating jurisdiction) was, or
is reasonably suspected of having been, committed; or
(b) on the victim of the offence or on anything reasonably believed to

have been worn or carried by the victim when the offence was committed;
or
(c) on an object or person reasonably believed to have been associated

with the commission of the offence;
S. 464(2) def. of CrimTrac

inserted by No. 32/2007 s. 4(2), repealed by No. 54/2016
s. 28(b).
* * * * *
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)).
"dentist" means a person registered under the Health

Practitioner Regulation National Law—
(a) to practise in the dental profession as a dentist (other than as a

student);
(b) in the dentists division of that profession;
S. 464(2) def. of designated

mental health service inserted by No. 26/2014 s. 455(Sch.
item 7.2(b)).
"designated mental health service" has the same meaning as in
the Mental Health Act 2014;
S.
464(2)def. of destruction
inserted by No. 72/2013 s. 3(b).
"destruction", in relation to any sample taken or given and any

related material and information, means—
(a) the physical destruction of the sample; and
(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).
"detained or protected person" means a person

who—
(a) is held in a prison, police gaol, youth justice centre or youth

residential centre; or
(b) is a prisoner in a prison or a person detained in a police gaol

who is
transferred from the prison or police gaol to a facility or an institution
referred to in section 56AB(1) of the Corrections Act 1986; or
(ba) is a forensic patient or a forensic resident within the meaning

of
the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
or
(c) is a security resident within the meaning of the Disability Act

2006; or
(d) a compulsory patient or a security patient within the meaning of

the
Mental Health Act 2014;
S. 464(2)
def. of
DNA database inserted by
No. 16/2002 s. 5, substituted by No. 32/2007
s. 4(1).
"DNA database" means—
(a) the Victorian DNA database; or
(b) NCIDD; or
(c) another DNA database system that is kept under a corresponding law
of
a participating jurisdiction;
S. 464(2)
def. of
DNA database system
"DNA database system" means a database (whether in

computerised or other form and however described)
containing—
(a) one or more of the following indexes of DNA profiles—
(i) a crime scene index;
(ii) a missing persons index;
(iii) an unknown deceased persons index;
(iv) a serious offenders index;
(v) a volunteers (unlimited purposes) index;
(vi) a volunteers (limited purposes) index;
(vii) a suspects index—
and information that may be used to identify the person from whose forensic
material each DNA profile was derived; and
(b) a statistical index; and
(c) any other prescribed index;
S. 464(2)
def. of
DNA person inserted by No.
3/2019 s. 52(1).
"DNA person" means—

(a) a person who is of or above the age of 18 years who—
(i) is suspected of having committed or attempted to commit an

indictable
offence; or
(ii) has been charged with an indictable offence; or
(iii) has been summonsed to answer to a charge for an indictable

offence;
or
(b) a child of or above the age of 15 years but under the age of 18
years
who—
(i) is suspected of having committed or attempted to commit a

DNA sample
offence; or
(ii) has been charged with a DNA sample offence; or
(iii) has been summonsed to answer to a charge for a DNA sample

offence;
S. 464(2)
def. of
DNA profile sample inserted
by No. 3/2019 s. 52(1).
"DNA profile sample" means a sample taken for the purpose of

deriving a DNA profile that is—
(a) a blood sample;
(b) a sample of hair, other than pubic hair, including the root if
required;
(c) a sample of saliva;
(d) a scraping taken from the mouth;
S. 464(2)
def. of
DNA sample offence inserted
by No. 3/2019 s. 52(1).
"DNA sample offence" means any indictable offence specified in

Schedule 9;
S. 464(2)
def. of fingerprints
inserted by No. 38/1988 s. 5(a).
fingerprints includes finger, palm, toe and sole

prints;
S. 464(2) def. of fingerscan

"fingerscan" means fingerprints taken by means of a device to

obtain a record of the fingerprints;
Example
Fingerprints may be taken by a scanning device to obtain a digital record

of the fingerprints.
S. 464(2)
def. of forensic material
"forensic material" means any material—
(a) from which a DNA profile may be derived; and
(b) which is obtained from samples taken or procedures conducted in

accordance with this Subdivision—
but does not include a sample taken for the sole purpose of establishing
the identity of the person from whom it is taken;
S. 464(2)
def. of forensic procedure
inserted by No. 129/1993 s. 6(b), amended by No. 3/2019
s. 52(3).
"forensic procedure" means the taking of a sample from any part

of the body, whether an intimate or non-intimate sample or any other type of
sample, or the conduct of any procedure on or physical examination of the body
but does not include the taking of a fingerprint or a DNA profile
sample;
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).
held in a prison, police gaol, youth justice centre or youth

residential centre means—
(a) deemed by section 6A of the Corrections Act 1986 to be in the

custody of the Secretary within the meaning of that Act; or
(b) deemed by section 6D of the Corrections Act 1986 to be in the

custody of the Chief Commissioner of Police; or
(c) detained in a youth justice centre in the custody of the Secretary

within the meaning of the Children, Youth and Families Act 2005;
or
(d) detained in a youth residential centre in the custody of the

Secretary
within the meaning of the Children, Youth and Families Act
2005;
S. 464(2)
def. of IBAC inserted by
No. 3/2019 s. 52(1).
"IBAC" has the same meaning as in the Independent

Broad-based Anti-corruption Commission Act 2011;
S. 464(2)
def. of intimate part of the
body inserted by No. 129/1993 s. 6(c).
"intimate part of the body" means the genital or anal region of

a male or female or the breast of a female;
S. 464(2)
def. of intimate sample
"intimate sample" means—
(a) a blood sample;
(b) a sample of pubic hair, including the root if required;
(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;
(d) a sample of saliva;
(e) a scraping taken from the mouth;
(f) a dental impression;
S. 464(2)
def. of investigating
official amended by No. 37/2014 s. 10(Sch. item
36.18(a)(ii)).
"investigating official" means a police officer

or a person appointed by or under an Act (other than a police officer
or person who is engaged in covert investigations under the orders of
a superior) whose functions or duties include functions or duties in
respect of the prevention or investigation of offences;
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)).
"medical practitioner "means a person registered under

the Health Practitioner Regulation National Law to practise in the medical
S. 464(2)
def. of
mental impairment inserted
by No. 23/1991 s. 4(a).
"mental impairment" includes impairment because of mental

illness, intellectual disability, dementia or brain injury;
S. 464(2) def. of midwife

inserted by No. 13/2010 s. 51(Sch.
item 17.3(d)).
"midwife" means a person registered under the Health

Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife

(other than as a student); and
(b) in the register of midwives kept for that profession;
S. 464(2)
def. of missing persons
index inserted by No. 16/2002 s. 5.
"missing persons index" means an index of DNA profiles, derived

from forensic material, of—
(a) persons who are missing; and
(b) volunteers who are relatives by blood of missing persons;
S. 464(2) def. of National Criminal

Investigation DNA Database inserted by No. 32/2007
s. 4(2).
"National Criminal Investigation DNA Database" means the DNA

database system that—
(a) is known as the National Criminal Investigation DNA Database;

and
(b) is managed by the Commonwealth;
S. 464(2) def. of
NCIDD inserted by No.
32/2007 s. 4(2).
"NCIDD" means the National Criminal Investigation DNA

Database;
S. 464(2)
def. of
non-intimate part of the
body inserted by No. 129/1993 s. 6(e).
"non-intimate part of the body" means any part of the body

other than an intimate part;
S. 464(2) def. of
non-intimate sample
inserted by No. 129/1993 s. 6(e).
"non-intimate sample" means—
(a) a sample of hair, other than pubic hair, including the root if
required;
(b) a sample of matter taken from under a fingernail or toenail;
(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)).
"nurse" means a person registered under the Health Practitioner

Regulation National Law to practise in the nursing and midwifery profession as a
nurse (other than as a midwife or as a student);
S. 464(2)
def. of participating
jurisdiction inserted by No. 16/2002 s. 5.
"participating jurisdiction" means the Commonwealth, another

State or a Territory in which there is a corresponding law in force;
S. 464(2)
def. of physical
examination inserted by No. 129/1993 s. 6(e).
"physical examination" means an examination of the external

part of a person's body requiring touching of the person or removal of the
person's clothing;
S. 464(2)
def. of police custody
officer inserted by No. 59/2015 s. 25(a).
"police custody officer" has the same meaning as in the

Victoria Police Act 2013;
"police gaol" has the same meaning as in the Corrections Act

1986;
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)).
"prison" has the same meaning as in the Corrections Act

1986 but includes a youth justice centre established under section 478 of
the Children, Youth and Families Act 2005;
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).
"related material and information"—
(a) in relation to any DNA profile sample or any sample taken in a

forensic procedure conducted in accordance with sections 464R to 464ZA or
section 464ZF, 464ZFAAA or 464ZFAB, means notes and audiovisual recordings
made of the taking of the DNA profile sample or the conduct of the forensic
procedure and any information which may identify the person contained in any
record of or report relating to the DNA profile sample or the forensic procedure
and in any copy of the record or report;
(b) in relation to any sample voluntarily given by a person in

accordance
with sections 464ZGB to 464ZGD, means notes and audiovisual recording (if any)
made of the procedure to take the sample and any information which may identify
the person contained in any record of or report relating to the taking of the
sample and in any copy of a record or report;
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).
"relevant suspect" means a person of or above the age of 18

years who—
(a) is suspected of having committed or attempted to commit an

indictable
offence; or
(b) has been charged with an indictable offence;
S. 464(2)
def. of responsible
Minister inserted by No. 16/2002 s. 5.
"responsible Minister", in relation to a participating

jurisdiction means a Minister of that jurisdiction who is responsible for
administration of a corresponding law;
S. 464(2) def. of responsible person

inserted by No. 32/2007 s. 4(2).
"responsible person", in relation to a DNA database, means the

person responsible for the care, control and management of the system;
S. 464(2)
def. of security patient
inserted by No. 81/1997s. 16(g),
7.2(d)).
"security patient" has the same meaning as in the Mental

Health Act 2014;
S. 464(2) def. of
senior police officer
s. 10(Sch. item 36.18(a)(iii)).
"senior police officer" means a police officer of or above the

rank of senior sergeant;
S. 464(2)
def. of senior police officer
authorisation inserted by No. 3/2019 s. 52(1).
"senior police officer authorisation" means an authorisation

under section 464ZFAC;
S. 464(2)
def. of
serious offenders index
s. 52(5).
"serious offenders index" means an index of DNA profiles

derived from forensic material taken from—
(a) offenders in accordance with section 464ZF, or under a

corresponding law of a participating jurisdiction; and
(ab) registrable offenders in accordance with section 464ZFAB;

and
(ac) offenders in accordance with section 464ZFAC(2)(a)(i);

and
(b) suspects who have been convicted of—
(i) an offence and an order has been made under section

464ZFB(1);
or
(ia) an offence and to which section 464ZFB(1AA) applies; or
(ii) an offence in respect of which a forensic procedure may be

conducted
under a corresponding law of a participating jurisdiction;
S. 464(2)
def. of
sexual offence inserted by
No. 84/1989 s. 4(b), amended by No. 8/1991 s. 6(d), repealed by No.
23/1991 s. 4(c).
* * * * *
S. 464(2)
def. of statistical index
"statistical index" means an index of information

that—
(a) is obtained from the analysis of forensic material taken from

persons
in accordance with this Subdivision or under a corresponding law of a
participating jurisdiction; and
(b) has been compiled for statistical purposes; and
(c) cannot be used to discover the identity of persons from whom the
forensic material was taken;
S. 464(2)
def. of suspect inserted by
No. 38/1988 s. 5(b), amended by Nos 25/1989 s. 14(a), 72/2004
s. 25.
"suspect" means a person of or above the age of 18 years

who—
(a) is suspected of having committed an offence; or
(b) has been charged with an offence; or
(c) has been summonsed to answer to a charge;
S. 464(2)
def. of suspects index
inserted by No. 16/2002 s. 5, amended by Nos 27/2006
s. 3(b), 3/2019 s. 52(6).
"suspects index" means an index of DNA profiles derived from

forensic material taken from suspects in accordance with section 464R, 464T or
464U, DNA profile samples taken in accordance with section 464SC or 464SE
or under a corresponding law of a participating jurisdiction or taken from
persons found not guilty because of mental impairment in accordance with
section 464ZFAAA or section 464ZFAC(2)(a)(ii);
S. 464(2) def. of
tape recording
repealed by No. 27/2006 s. 3(c).
* * * * *
S. 464(2)
def. of unknown deceased
persons index inserted by No. 16/2002 s. 5.
"unknown deceased persons index" means an index of DNA profiles

of deceased persons whose identities are unknown where the DNA profile is
derived from forensic material;
S. 464(2) def. of Victorian DNA

database inserted by No. 32/2007 s. 4(2).
"Victorian DNA database" means the DNA database system kept
under section 464ZFD;
S. 464(2)
def. of volunteer inserted
by No. 16/2002 s. 5.
"volunteer" means a person who volunteers to give a sample

under section 464ZGB;
S. 464(2)
def. of volunteers (limited
purposes) index inserted by No. 16/2002 s. 5.
"volunteers (limited purposes) index" means an index of DNA

profiles derived from forensic material taken from volunteers, under
section 464ZGB or a corresponding law of a participating jurisdiction, who
have chosen that the information obtained from analysis of the material may be
used only for a limited purpose that is specified by the volunteer and noted on
the index;
S. 464(2)
def. of volunteers (unlimited
purposes) index inserted by No. 16/2002 s. 5.
"volunteers (unlimited purposes) index" means an index of DNA

profiles derived from forensic material taken from volunteers, under section
464ZGB or a corresponding law of a participating jurisdiction, who have chosen
that the information obtained from analysis of the material may be used for the
purpose of a criminal investigation or any other purpose for which the DNA
database may be used;
S. 464(2)
def. of
youth residential centre
inserted by No. 129/1993 s. 6(g), amended by No. 48/2006
s. 42(Sch. item 9.2(d)).
"youth residential centre" has the same meaning as in the

Children, Youth and Families Act 2005;
S. 464(2)
def.
of young person inserted by
No. 38/1988 s. 5(c), repealed by No. 129/1993
s. 6(f).
* * * * *
S. 464(3) inserted by No. 25/1989

s. 11(b). amended by No. 37/2014 s. 10(Sch. item
36.18(b)).
(3) The Minister administering the Victoria Police Act 2013 may
appoint by notice published in the Government Gazette a person or class of
persons as a person or persons authorised to take fingerprints in accordance
with this Subdivision.

s. 4.
CRIMES ACT 1958

- SECT 464AA
Digital recordings
If this Subdivision requires an audio recording

or an audiovisual recording to be made and the recording is made in a digitised
format, the maker of the recording must certify that the recording has not been
altered after its making and that the prescribed requirements, if any, in
relation to the method of recording have been met.
S. 464AAB inserted by No. 48/2018

s. 17.
CRIMES ACT 1958

- SECT 464AAB
Investigating official to ask whether person in custody is an Aboriginal person
If a person is taken into custody, an investigating official must ask the

person whether they are an Aboriginal person—
(a) as soon as practicable after the person is taken into custody;

and
(b) in any event, before any questioning or investigation under

section
464A(2) commences.
Note
Section 464FA requires that the Victorian Aboriginal Legal Service be

notified if an Aboriginal person is taken into custody.

s. 5.
CRIMES ACT 1958

- SECT 464A
Detention of person in custody
(1) Every person taken into custody for an

offence (whether committed in Victoria or elsewhere) must be—
(a) released unconditionally; or
(b) released on bail; or
S. 464A(1)(c) amended by No. 57/1989

s. 5(1)(a)(i).
(c) brought before a bail justice or the Magistrates'

Court—
within a reasonable time of being taken into custody.
Note to s. 464A(1) inserted by No.

26/2017 s. 21.
Note
Section 10 of the Bail Act 1977 applies at the expiration of the

reasonable time referred to in subsection (1).
(2) If a person suspected of having committed an offence is in custody for

that offence, an investigating official may, within the reasonable time referred
to in subsection (1)—
(a) inform the person of the circumstances of that offence; and
(b) question the person or carry out investigations in which the

person
participates in order to determine the involvement (if any) of the person in
that offence.
S. 464A(3) amended by No. 129/1993
s. 5.
(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.
(4) In determining what constitutes a reasonable time for the purposes of

subsection (1) the following matters may be considered—
S. 464A(4)(a) amended by No. 57/1989

s. 5(1)(a)(ii).
(a) the period of time reasonably required to bring the person before
a
bail justice or the Magistrates' Court;
(b) the number and complexity of offences to be investigated;
(c) any need of the investigating official to read and collate

relevant
material or to take any other steps that are reasonably necessary by way of
preparation for the questioning or investigation;
(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;
(g) any time taken to communicate with a legal practitioner, friend,

relative, parent, guardian or independent person;
(h) any time taken by a legal practitioner, interpreter, parent,

guardian
or independent person to arrive at the place where questioning or investigation
is to take place;
(i) any time during which the questioning or investigation of

the person
is suspended or delayed to allow the person to receive medical
attention;
(j) any time during which the questioning or investigation of the

person
is suspended or delayed to allow the person to rest;
(k) the total period of time during which the person has been in the
company of an investigating official before and after the commencement of
custody;
(l) any other matters reasonably connected with the investigation of

the
offence.

No. 25/2014 s. 14.
Note
Section 78D of the Corrections Act 1986 provides for the application
of section 464A in relation to persons detained under that Act.

s. 5.
CRIMES ACT 1958

- SECT 464B
Questioning or investigation of person already held for another matter
S. 464B(1)
amended by Nos 56/1989 s. 286(Sch. 2 item 7.5), 57/1989 s. 5(1)(b)(i),
86/2000 s. 4(1)(a).
(1) An investigating official may apply to the Magistrates' Court or, if

the application is in respect of a child, the Children's Court for an order that
a person—
S. 464B(1)(a) substituted by No. 86/2000

s. 4(1)(b).
(a) who is—
(i) held in a prison or police gaol; or
S. 464B (1)(a)(ii) amended by No. 23/2006

s. 236(5).
(ii) a forensic resident or a security resident within the

meaning of the
Disability Act 2006; or
S. 464B(1)(a)(iii)
substituted by No. 26/2014 s. 455(Sch. item
7.3).
(iii) a forensic patient or a security patient within the
meaning of the
Mental Health Act 2014; and
S. 464B(1)(a)(iv)
repealed by No. 26/2014 s. 455(Sch. item
7.3).
* * * * *
S. 464B(1)(b) amended by Nos 86/2000

s. 4(1)(c), 72/2013 s. 4(1).
(b) reasonably suspected of having committed an offence (being, in the

case of an application in respect of a child, an indictable offence), whether in
Victoria or elsewhere, other than the offence for which he or she is being
held—
be delivered into the custody of the investigating official for the purpose
of questioning or investigation in respect of the first-mentioned
offence.
(2) An application under subsection (1) must—
(a) be in writing; and
(b) state the grounds on which the application is made; and
S. 464B(2)(c) amended by No. 86/2000

s. 4(2)(a).
(c) be served on the person who is the subject of the application by

delivering a true copy of the application—
(i) to the person personally; or
S. 464B(2) (c)(ii) substituted by No.

86/2000 s. 4(2)(b).
(ii) to the person in charge of the place where the person is

being held
or detained.
S. 464B(3) amended by Nos 56/1989

s. 286(Sch. 2 item 7.6), 86/2000 s. 4(3).
(3) At any time after the filing of an application under subsection (1),
the Magistrates' Court or Children's Court (as the case may be) may order that
the person who is the subject of the application be brought before the court for
the hearing of the application under subsection (1).
(4) While an order made under subsection (3) is being carried out, the
person is to be taken to be in the legal custody of the person acting under the
order.

s. 4(4).
(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.
S. 464B(4B) inserted by No. 86/2000

s. 4(4).
(4B) If the person who is the subject of an application under subsection

(1) is not legally represented in a proceeding on the application, the
Magistrates' Court or the Children's Court (as the case
may be)—
(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.
S. 464B(4C) inserted by No. 86/2000

s. 4(4).
(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.

s. 286(Sch. 2 item 7.7), 57/1989 s. 5(1)(b)(ii), substituted by No.
86/2000 s. 4(4).
(5) On an application under subsection (1), the Magistrates' Court or the

Children's Court (as the case may be) may, if satisfied that it is in the
interests of justice to do so but subject to subsection (5C), order the transfer
of the custody of the person who is the subject of the application to the
applicant for the purpose of questioning or investigation for a maximum period
of time specified in the order, being a reasonable period within which the
questioning or investigation may take place.
s. 4(4).
(5A) In determining what constitutes a reasonable period for the purposes

of an order under subsection (5), the Magistrates' Court or the Children's Court
(as the case may be) must have regard to—
(a) the matters specified in section 464A(4), with any necessary

modifications; and
(b) if the person is a child, his or her age.

s. 4(4).
(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.
S. 464B(5C) inserted by No. 86/2000

s. 4(4).
(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—
(a) having considered any known likely psychological effect of the

questioning on the person; and
(b) having received evidence (whether oral or written) on the fitness

of
the person to be questioned given by a medical practitioner—
it is satisfied on the balance of probabilities that the person is fit to

be questioned.
S. 464B(5D) inserted by No. 86/2000

s. 4(4).
(5D) A person is unfit to be questioned for the purposes of subsection

(5C) if, because the person's mental processes are disordered or impaired, the
person is or, at some time during the questioning, will be—
(a) unable to understand the nature of the questioning (namely that it

is
questioning to ascertain his or her involvement in the commission of an
offence); or
(b) unable to follow the course of questioning; or
(c) unable to give instructions to his or her legal practitioner;

or
(d) unable to understand 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.
S. 464B(5E) inserted by No. 86/2000

s. 4(4).
(5E) On making an order under subsection (5) in respect of a person

referred to in subsection (1)(a)(ii), (iii) or (iv), the Magistrates' Court
or the Children's Court (as the case may be)—
(a) must include in that order a condition that—
(i) subject to subsection (5F), an independent person is to be

present
while any questioning or investigation takes place in accordance with the order;
and
(ii) before the commencement of any questioning or

investigation, the
investigating official must allow the person to communicate with the independent
person in circumstances in which as far as practicable the communication will
not be overheard; and
(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.
S. 464B(5F) inserted by No. 86/2000

s. 4(4).
(5F) The Magistrates' Court or the Children's Court (as the case may
be) is not required to include in an order under subsection (5) a condition
referred to in subsection (5E)(a)(i) if the person who is the subject of the
order applies to the Court for that condition not to be included and the Court
is satisfied that, in all the circumstances, it is appropriate not to include
it.
S. 464B(5G) inserted by No. 86/2000

s. 4(4).
(5G) On making an order under subsection (5), the Magistrates' Court or

the Children's Court (as the case may be) must inform the person who is the
subject of the order—
(a) that he or she does not have to say or do anything but that
anything
he or she does say or do may be given in evidence; and
S. 464B(5G)(b) amended by No. 41/2004

s. 9(1)(a).
(b) that the investigating official must give him or her the
information
required to be given by subsection (6) and section 464C(1); and
S. 464B(5G)(c) inserted by No. 41/2004

s. 9(1)(b).
(c) if the person was held in a prison or police gaol at the time of
the
application, that the making of the order does not prevent a senior police
officer from authorising the conduct of a non-intimate compulsory procedure on
the person under section 464SA.
S. 464B(5H) inserted by No. 86/2000

s. 4(4), amended by No. 27/2006 s. 17(2).
(5H) An audiovisual recording must be made of the

following—
(a) the giving of any information required to be given by subsection

(6)
and section 464C(1);
(b) any response of the person in custody to the giving of that

information;
(c) any questioning that takes place in accordance with an order made
under subsection (5) and anything said by the person questioned.
S. 464B(6) amended by No. 86/2000

s. 4(5).
(6) If an order is made under subsection (5), before any questioning or

investigation commences, an investigating official must inform the person who is
the subject of the order 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.
(7) An order under subsection (5) has effect as a suspension of a

direction in a warrant of commitment to deliver a person to the place of
detention specified in the warrant or to hold a person in that place (as the
case may be).

s. 286(Sch. 2 item 7.7), 57/1989 s. 5(1)(b)(iii), 86/2000
s. 4(6)(a).
(8) The Magistrates' Court or the Children's Court (as the case may
be) may, subject to subsection (8A)—
(a) extend a period of custody ordered under subsection (5); or
S. 464B(8)(b) amended by No. 86/2000

s. 4(6)(b).
(b) on a subsequent application under subsection (1), make orders

whether in respect of the same or a different offence reasonably suspected of
having been committed by the person.
s. 4(7).
(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.

s. 4(7).
(8B) In determining the length of any extension of a period of custody

ordered under subsection (5), the Magistrates' Court or the Children's Court
(as the case may be) must have regard to—
(a) the matters specified in section 464A(4), with any necessary

modifications; and
(b) if the person is a child, his or her age.
S. 464B(9) amended by No. 86/2000

s. 4(8)(a)(b).
(9) At—
(a) the end of the period, or any extended period, specified in an

order
under subsection (5); or
(b) the cessation of questioning or investigation—
whichever is the earlier, the investigating official must deliver the

person who is the subject of the order to the place of detention at which the
person was held or detained at the time of the application for the
order.

s. 9(2).
(9A) The making of an order under subsection (5) does not prevent a senior
police officer from giving an authorisation under section 464SA.
S. 464B(10) inserted by No. 86/2000

s. 4(9), amended by No. 72/2004
s. 26(a)(b).

S. 464B(10) def. of
child amended by
No. 72/2013 s. 4(2)(a).
"child", in relation to a person suspected of having committed

an offence, means a person who at the time of the suspected commission of the
offence was under the age of 18 years but does not include any person who is of
or above the age of 19 years at the time of the making of an application in
respect of him or her or the giving of informed consent by him or her under this
section;
S. 464B(10) def. of investigating

official inserted by No. 72/2013
s. 4(2)(b).
"investigating official", in relation to an offence committed

outside Victoria, includes a person (other than a person who is engaged in
covert investigations under the orders of a superior) who is—
(a) a member of—
(i) the Australian Federal Police; or
(ii) the police force of another State or a Territory; or
(b) a person appointed by or under an Act of the Commonwealth or

another
State or a Territory whose functions or duties include functions or duties in
respect of the prevention or investigation of offences;
Note
Part IC of the Crimes Act 1914 of the Commonwealth applies if the

investigating official is a member of the Australian Federal Police.
S. 464B(10) def. of offence

inserted by No. 72/2013 s. 4(2)(b).
"offence" includes an offence against a law of the Commonwealth

or another State or a Territory.
S. 464B(11) inserted by
No. 72/2013 s. 4(3).
(11) An investigating official may question a person (other than a child)

who is held in a prison or police gaol and is reasonably suspected of having
committed an offence (whether in Victoria or elsewhere) other than the offence
for which he or she is being held about his or her involvement (if any) in
that offence if—
(a) the investigating official is satisfied that the person is not

incapable of giving informed consent by reason of mental impairment;
and
(b) the person gives informed consent in accordance with subsection
(13).
Note
Section 41 of the Corrections Act 1986 provides for visits by the

police to prisoners, which may include questioning to which this section does
not apply.
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
Questioning or investigations involving removal from prison or police gaol

may be authorised by a court order under subsection (5).
No. 72/2013 s. 4(3).
(13) A person gives informed consent to be questioned if the person

consents after an investigating official informs the person, in language likely
to be understood by the person, of the following matters—
(a) the nature of the offence which the person is suspected of having
committed;
(b) that the person may refuse to be questioned;
(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;
(e) that if the person refuses to be questioned, an application may be

made to the Magistrates' Court for an order under this section;
(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.
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.
No. 72/2013 s. 4(3).
(15) An audiovisual recording must be made of—
(a) the giving of the information referred to in subsection (13);

and
(b) any response of the person in custody to the giving of that

information; and
(c) any questioning of the person that takes place and anything said
by
the person questioned; and
(d) any withdrawal of consent to the questioning.
Note to s. 464B inserted by

No. 25/2014 s. 15.
Note
Section 78D of the Corrections Act 1986 provides for the application
of section 464B in relation to persons detained under that Act.

s. 5.
CRIMES ACT 1958

- SECT 464C
Right to communicate with friend, relative and legal practitioner
(1) Before any questioning or investigation

under section 464A(2) commences, an investigating official must inform the
person in custody that he or she—
(a) may communicate with or attempt to communicate with a friend or

relative to inform that person of his or her whereabouts; and
S. 464C(1)(b) amended by
No. 72/2013 s. 5(1).
(b) may communicate with or attempt to communicate with a legal

practitioner (whether the term legal practitioner or lawyer is
used)—
and, unless the investigating official believes on reasonable grounds

that—
(c) the communication would result in the escape of an accomplice or

the
fabrication or destruction of evidence; or
(d) the questioning or investigation is so urgent, having regard to
the
safety of other people, that it should not be delayed—
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.
(2) Subject to subsection (1), if a person wishes to communicate with a

friend, relative or legal practitioner, the investigating official in whose
custody the person then is—
(a) must afford the person reasonable facilities as soon as

practicable to
enable the person to do so; and
(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. 464C(3) amended by Nos 86/2000 s. 5,

72/2013 s. 5(2).
(3) This section also applies to any questioning or investigation in

accordance with an order made under section 464B(5) or any questioning conducted
by consent under section 464B(11), unless Part IC of the Crimes Act 1914 of
the Commonwealth applies.
(4) This section does not apply to questioning or investigation in

connection with an offence under section 49(1) of the Road Safety Act
1986.

s. 5.
CRIMES ACT 1958

- SECT 464D
Right to an interpreter
(1) If a person in custody does not have a

knowledge of the English language that is sufficient to enable the person to
understand the questioning, an investigating official must, before any
questioning or investigation under section 464A(2) commences, arrange for the
presence of a competent interpreter and defer the questioning or investigation
until the interpreter is present.
S. 464D(2) amended by
No. 72/2013 s. 6.


1986.
S. 464E (Heading) inserted by No.

72/2004 s. 27(1).

s. 5.
CRIMES ACT 1958

- SECT 464E
Persons under 18 years
S. 464E(1)
amended by No. 72/2004 s. 27(2).
(1) If a person in custody is under the age of 18 years, an investigating

official must not, subject to subsection (2), question or carry out an
investigation under section 464A(2) unless—
(a) a parent or guardian of the person in custody or, if a parent or

guardian is not available, an independent person is present; and
(b) before the commencement of any questioning or investigation, the

investigating official has allowed the person in custody to communicate with his
or her parent or guardian or the independent person in circumstances in which as
far as practicable the communication will not be overheard.
(2) Subsection (1) does not apply if the investigating official believes
on reasonable grounds that—
(a) the communication necessary to give effect to subsection (1)(a)

would
result in the escape of an accomplice or the fabrication or destruction of
evidence; or
(b) the questioning or investigation is so urgent, having regard to

the
safety of other people, that it should not be delayed.

accordance with an order made under section 464B(5).

1986.

s. 5.
CRIMES ACT 1958
- SECT 464F
Right of foreign national to communicate with consular office
(1) If a person in custody is not a citizen or

permanent resident of Australia, the investigating official in whose custody the
person then is must, before any questioning or investigation under
section 464A(2) commences, inform the person in custody that he or she may
communicate with or attempt to communicate with the consular office of the
country of which the person is a citizen and, unless the investigating official
believes on reasonable grounds that—
(a) the communication would result in the escape of an accomplice or

the
fabrication or destruction of evidence; or
(b) the questioning or investigation is so urgent, having regard to

the
safety of other people, that it should not be delayed—
the investigating official must defer the questioning or investigation for

a time that is reasonable in the circumstances to enable the person to make, or
attempt to make, the communication.
(2) Subject to subsection (1), if a person referred to in that subsection

wishes to communicate with the consular office of the country of which he or she
is a citizen, the investigating official in whose custody the person then is
must afford the person reasonable facilities as soon as practicable to enable
the person to do so.
S. 464F(2A) inserted by
No. 72/2013 s. 7.
(2A) This section also applies to any questioning or investigation in


1986.
S. 464FA inserted by
No. 48/2018 s. 18.
CRIMES ACT 1958

- SECT 464FA
Victorian Aboriginal Legal Service to be notified if Aboriginal person taken into
custody
(1) If an Aboriginal person is taken into

custody, an investigating official must notify VALS—
(a) within one hour of the person being taken into custody; or
(b) if it is not practicable to do so within one hour, as soon as it

is
practicable to do so.
(a) a person may be considered to be an Aboriginal person if the

investigating official who took the person into custody is of the opinion that
the person is such a person; and
(b) an investigating official, in considering whether a person is an

Aboriginal person, must have regard to any statement made by the person (whether
or not in response to a question asked by an investigating official) as to
whether they are an Aboriginal person.
Note
Section 464AAB requires that an investigating official who takes a person

into custody must ask the person whether they are an Aboriginal
person.
(3) As soon as practicable after VALS is notified, an investigating

official must inform the Aboriginal person of that notification.
"VALS" means the Victorian Aboriginal Legal Service

Co-operative Ltd (ABN 45 926 675 900).
S. 464G (Heading) inserted by No. 27/2006

s. 17(3).
S. 464G inserted by No. 37/1988 s. 5,

amended by No. 86/2000 s. 8(1) (ILA
s. 39B(1)).
CRIMES ACT 1958

- SECT 464G
Recording of information required to be given to person in custody
S. 464G(1)
amended by No. 27/2006 s. 17(4).
(1) If a person is in custody in relation to an indictable offence, an

investigating official who is required by sections 464A(3), 464C(1)
and 464F(1) to give the person in custody certain information must record
(by audio recording or audiovisual recording), if practicable, the giving of
that information and the person's responses, if any.
S. 464G(2) inserted by No. 86/2000

s. 8(1), amended by No. 72/2013 s. 8.
(2) Subsection (1) is subject to section 464B(5H) and (15).
S. 464H (Heading) inserted by No. 27/2006

s. 17(5).

s. 5.
CRIMES ACT 1958

- SECT 464H
Recording of confessions and admissions
S. 464H(1)
amended by Nos 86/2000 s. 6(1)(c), 27/2006 s. 17(6)(c), 87/2009
s. 3(1).
(1) Subject to subsection (2), evidence of a confession or admission made

to an investigating official by a person who—
(a) was suspected; or
(b) ought reasonably to have been suspected—
of having committed an offence is inadmissible as evidence against the

person in proceedings for an indictable offence unless—
S. 464H(1)(c) amended by No. 27/2006

s. 17(6)(a).
(c) if the confession or admission was made before the commencement of

questioning, the confession or admission was recorded by audio recording or
audiovisual recording, or the substance of the confession or admission was
confirmed by the person and the confirmation was recorded by audio recording or
audiovisual recording; or
S. 464H(1)(d) amended by No. 27/2006

s. 17(6)(a).
(d) if the confession or admission was made during questioning at a

place
where facilities were available to conduct an interview, the questioning and
anything said by the person questioned was recorded by audio recording or
audiovisual recording; or
S. 464H(1)(e) amended by Nos 86/2000

s. 6(1)(a), 27/2006 s. 17(6)(a).
(e) if the confession or admission was made during questioning at a

place
where facilities were not available to conduct an interview, the questioning and
anything said by the person questioned was recorded by audio recording or
audiovisual recording, or the substance of the confession or admission was
confirmed by the person questioned and the confirmation was recorded by audio
recording or audiovisual recording; or
S. 464H(1)(f) inserted by No. 86/2000

s. 6(1)(b), amended by No. 27/2006 s. 17(6)(b).
(f) if the confession or admission was made during questioning in

accordance with an order made under section 464B(5), the questioning and
anything said by the person was recorded by audiovisual
recording—
and, if either an audio recording or an audiovisual recording was made,

that recording or, if both an audio recording and an audiovisual recording were
made, the audiovisual recording is available to be tendered in
evidence.
(2) A court may admit evidence of a confession or admission otherwise

inadmissible by reason of subsection (1) if the person seeking to adduce the
evidence satisfies the court on the balance of probabilities that the
circumstances—
(a) are exceptional; and
(b) justify the reception of the evidence.
S. 464H(3) amended by No. 86/2000

s. 6(2)(a).
(3) If the questioning or confession or admission, or the confirmation of

a confession or admission, of a person is recorded as required under this
section or the giving of information is recorded as required under section
464B(5H) or 464G, the investigating official must give to the person or his or
her legal practitioner without charge—
S. 464H(3)(a) amended by Nos 86/2000

s. 6(2)(b), 27/2006 s. 17(7)(a), substituted by No. 87/2009
s. 3(2).
(a) if either an audio recording or an audiovisual recording was made,

a
copy of that recording as soon as practicable but not later than 7 days
after the recording was made; and
S. 464H(3)(b) amended by Nos 86/2000

s. 6(2)(b), 27/2006 s. 17(7)(b), substituted by No. 87/2009
s. 3(2).
(b) if both an audio recording and an audiovisual recording were

made—
(i) the audio recording as soon as practicable but not later

than 7 days
after the recording was made; and
(ii) if the person is charged with an offence to which the

recording
relates, a copy of the audiovisual recording as soon as practicable but not
later than 7 days after the person is charged; and
S. 464H(3)(c) inserted by
No. 87/2009 s. 3(2).
(c) if a transcript of the recording is prepared, a copy of the

transcript
as soon as practicable but not later than 7 days after the transcript was
made.
S. 464H(3A) inserted by
No. 87/2009 s. 3(3).
(3A) On request by a person charged with an offence or the legal

practitioner representing that person, the investigating official must provide
an additional copy of the audiovisual recording referred to in subsection
(3).
S. 464H(4) amended by Nos 86/2000

s. 6(3), 27/2006 s. 17(8).
(4) Nothing in this section prevents the use of an audio recording or

audiovisual recording in a proceeding for a summary offence.
S. 464I inserted by No. 37/1988 s. 5,

amended by No. 86/2000 s. 8(2).
CRIMES ACT 1958

- SECT 464I
No power to detain person not under arrest
Nothing in sections 464 to 464H (except as

provided by an order made under section 464B(5)) confers a power to detain
against his or her will a person who is not under arrest.
S. 464J inserted by No. 37/1988 s. 5,

CRIMES ACT 1958

- SECT 464J
Right to remain silent etc. not affected
Nothing in this subdivision

affects—
(a) the right of a person suspected of having committed an offence to

refuse to answer questions or to participate in investigations except where
required to do so by or under an Act or a Commonwealth Act; or
(b) the onus on the prosecution to establish the voluntariness of an

admission or confession made by a person suspected of having committed an
offence; or
S. 464J(ba) inserted by No. 69/2009

s. 50.
(ba) the onus on the prosecution to prove that an admission or

confession
was made in such circumstances as to make it unlikely that the truth of the
admission or confession was adversely affected; or
(c) the discretion of a court to exclude unfairly obtained evidence;

or
(d) the discretion of a court to exclude illegally or improperly

obtained
evidence.
S. 464JA inserted by
No. 87/2009 s. 4.
CRIMES ACT 1958

- SECT 464JA
Offences in relation to recordings
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)).
"authorised person "means—
(a) a member of Victoria Police personnel (other than a protective

services officer);
(b) a person or body engaged to provide services to Victoria Police in

relation to the installation or maintenance of recording equipment;
(c) the Director of Public Prosecutions for Victoria or a person

acting
under the authority of the Director;
(d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate

Crown
Prosecutor appointed under the Public Prosecutions Act 1994;
(e) a person employed in the Office of Public Prosecutions under the

Public Prosecutions Act 1994;
(f) a legal practitioner representing—
(i) the State; or
(ii) an informant;
(g) a legal practitioner representing—
(i) a suspect recorded under section 464B(5H), 464G or 464H;

or
(ii) a co-accused of the suspect;
(h) an officer or employee of Victoria Legal Aid employed under the

Legal Aid Act 1978;
(i) a court or a person acting under the direction of a court;
(j) a coroner within the meaning of the Coroners Act 2008 or a

person acting under the direction of a coroner;
(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;
(l) the Chief Examiner or an Examiner appointed under Part 3 of the

Major Crime (Investigative Powers) Act 2004 or a person acting under
the direction of the Chief Examiner or an Examiner;
(m) the Commissioner within the meaning of the Independent Broad-based

Anti-corruption Commission Act 2011 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;
(o) a member of the Legislative Assembly or Legislative Council or a

person acting under his or her direction;
(p) a person, or person belonging to a class of persons, prescribed

for
the purposes of this definition;
(q) an investigating official or person acting under his or her

direction;
(r) a person engaged by a Department or agency to store or retrieve a
record;
"publish" means—
(a) insert in a newspaper or other publication; or
(b) disseminate by broadcast, telecast or cinematograph; or
(c) bring to the notice of the public or any member of the public by
any
other means, including by publication on the Internet;
"recording" means a recording made in accordance with section

464B(5H), 464G or 464H.
(2) A person must not knowingly possess an audio recording or an

audiovisual recording unless the person—
(a) is the suspect; or
(b) is a legal practitioner representing the suspect; or
(c) is an authorised person acting in the performance of his or her

duties; or
(d) has possession of the recording in a sealed package in the course

of
his or her duties as a person engaged by a person referred to in paragraph (a),
(b) or (c) to transport the recording to that person.
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
(3) A person must not play an audio recording or an audiovisual recording

to another person unless—
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
(b) the recording is played for purposes connected with an

investigation
of a death or a fire or an inquest held by a coroner; or
S. 464JA(3)(c) amended by
No. 37/2014 s. 10(Sch. item 36.19(b)).
(c) the recording is played for purposes connected with disciplinary

action against a police officer under the Victoria Police Act 2013;
or
(d) the recording is played for purposes connected with disciplinary
action against a legal practitioner; or
(e) the recording is played in accordance with the direction of a

court
under section 464JB; or
(f) the recording is played in accordance with section 464JD; or
(g) the recording is played by an authorised person acting in the

course
of his or her duties.
Note
(4) A person must not supply or offer to supply an audio recording or an

audiovisual recording to another person other than—
(a) the suspect in relation to whom the recording was made;
(b) a legal practitioner representing the suspect;
(c) an authorised person acting in the performance of his or her

duties;
(d) a person engaged by a person referred to in paragraph (a), (b) or

(c)
to transport the recording.
Note
(5) A person, other than an authorised person acting in the performance of

his or her duties, must not copy the whole or any part of an audio recording or
an audiovisual recording or permit another person to make such a copy, unless
the person is acting in accordance with the direction of a court under section
464JB.
Note
S. 464JA(6) amended by
No. 64/2010 s. 3(3).
(6) An authorised person must not knowingly or recklessly tamper with,

modify or erase (in whole or in part) a recording while the recording is
being retained under section 464JC, except in accordance with the direction of a
court under section 464JB.
Note
(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
(8) An offence against a provision of this section is a summary

offence.
S. 464JB inserted by
No. 87/2009 s. 4.
CRIMES ACT 1958

- SECT 464JB
Court may give directions in relation to a recording
"recording" has the same meaning as in

section 464JA.
(2) A court may give directions, with or without conditions, as to the

supply, copying, editing, erasure, playing or publishing of an audio recording
or an audiovisual recording.
S. 464JC inserted by
No. 87/2009 s. 4.
CRIMES ACT 1958

- SECT 464JC
Retention of copy of recording
"authorised person" has the same meaning as in section

464JA;
"court" means—
(a) if a criminal proceeding to which the recording relates has

commenced
but has not been completed, the court hearing the proceeding;
(b) in any other case, the Magistrates' Court;
S. 464JC(1) def. of Department

Head inserted by No. 64/2010 s. 4(1).
"Department Head" has the same meaning as in the Public

Administration Act 2004;

section 464JA.
S. 464JC(2) amended by
Nos 64/2010 s. 4(2)(3), 37/2014 s. 10(Sch. item
36.20).
(2) The Chief Commissioner of Police must keep a copy of a recording, if

the recording has been made by a police officer in the course of an
investigation, in safe custody.
S. 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).
(2A) If the recording has been made by an investigating official who is

not a police officer, the recording must be kept in the custody of the
Department Head for the Department, where the investigating official made the
recording in the course of carrying out duties for or on behalf of that
Department.
S. 464JC(2B) inserted by
No. 64/2010 s. 4(4).
(2B) A recording referred to in subsection (2) or (2A) must be kept for a

period of 7 years from the making of the recording.
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.
(4) An application for an order under subsection (3) may be made

by—
(a) the suspect in relation to whom the recording was made; or
(b) an authorised person acting in the performance of his or her

duties.
(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.
CRIMES ACT 1958

- SECT 464JD
Use of recordings for training, teaching or testing purposes
S. 464JD(1) def. of prescribed

person amended by Nos 64/2010 s. 5(1), 37/2014
s. 10(Sch. item 36.21).
"prescribed person" means—
(a) a member of Victoria Police personnel (other than a protective

services officer);
(b) a person or body engaged to provide services to Victoria Police in

relation to the installation or maintenance of recording equipment;
(c) a legal practitioner or a person training to become a legal

practitioner;
(d) a person, or a person belonging to a class of persons, prescribed

for
the purposes of this section;
(e) an investigating official or a person acting under his or her

direction;

section 464JA.
(2) Subject to section 464JA, a recording may be played to a prescribed

person for the purposes of training or teaching that person or testing the
recording equipment if—
(a) the suspect has been convicted or found guilty of the charge to
which
the recording relates; and
(b) all legal proceedings in relation to the subject matter in the

recording have been concluded; and
(c) all reasonable measures have been taken to prevent the

identification
of the suspect or any other person (including an alleged victim) from the
recording when it is played.
Heading inserted by No. 16/2002

s. 4(a).
Fingerprinting
S. 464K inserted by No. 38/1988 s. 4,

s. 11(c), 57/1989 s. 5(1)(c), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464K
Fingerprinting of adults and children aged 15 or above
S. 464K(1)
36.22(a)).
(1) A police officer may take, or cause to be taken by an authorised

person, the fingerprints of a person of or above the age of 15 years
who—
(a) is believed on reasonable grounds to have committed; or

(b) has been charged with; or
(c) has been summonsed to answer to a charge for—
an indictable offence or a summary offence referred to in Schedule

7.
S. 464K(2) amended by
No. 37/2014 s. 10(Sch. item 36.22(a)).
(2) A police officer intending to fingerprint a person under this section

must inform the person in language likely to be understood by him or
her—
(a) of the purpose for which the fingerprints are required; and
(b) of the offence which the person is believed to have committed or

with
which the person has been charged or for which the person has been summonsed to
answer to a charge; and
(c) that the fingerprints may be used in evidence in court; and
S. 464K(2)(d) amended by
No. 37/2014 s. 10(Sch. item 36.22(a)).
(d) that if the person refuses to give his or her fingerprints

voluntarily, a police officer may use reasonable force to obtain them;
and
(e) that if the person is not charged with a relevant offence within 6
months or is so charged but the charge is not proceeded with or the person is
not found guilty of the offence or any other relevant offence before the end of
that period, the fingerprints will be destroyed.
No. 37/2014 s. 10(Sch. item 36.22(a)).
(3) Subject to subsection (4), the police officer who informs a person of
the matters in subsection (2) must—
S. 464K(3)(a) substituted by No. 27/2006

s. 17(9).
(a) record (whether by audio recording or audiovisual recording);

or
(b) record in writing signed by the person—
the giving of that information and the person's responses, if

any.
S. 464K(4) amended by No. 27/2006

s. 17(10).
(4) If a person is in custody within the meaning of this Subdivision in

relation to an indictable offence, the giving of the information under
subsection (2) and the person's responses, if any, must be recorded by audio
recording or audiovisual recording.
S. 464K(5) amended by Nos 27/2006

s. 17(11)(a), 37/2014 s. 10(Sch. item 36.22(a)).
(5) If information and a person's responses are recorded by audio

recording or audiovisual recording in accordance with this section, the police
officer giving the information must give or send by post to the person or his or
her legal practitioner without charge—
S. 464K(5)(a) amended by No. 27/2006

s. 17(11)(b).
(a) the recording (whether audio recording or audiovisual recording)

or a
copy of it within 7 days; and
S. 464K(5)(b) amended by No. 27/2006

s. 17(11)(c).
(b) if a transcript of the recording is prepared, a copy of the

transcript
as soon as practicable.
No. 37/2014 s. 10(Sch. item 36.22(b)).
(6) If information and a person's responses are recorded in writing in

accordance with this section, the police officer requesting the person's
fingerprints must give to the person, or cause the person to be given, a copy of
the signed record forthwith.
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.
S. 464K(8) amended by No. 72/2004

s. 28.
(8) If the person from whom fingerprints are required is a child aged 15,
16 or 17 years—
(a) a parent or guardian of the child or, if a parent or guardian

cannot
be located, an independent person must be present during the request for the
fingerprints, the giving of the information referred to in subsection (2) and
the taking of the fingerprints; and
S. 464K(8)(b) amended by No. 27/2006
s. 17(12).
(b) if the use of reasonable force has been authorised in accordance

with
subsection (7), the taking of the fingerprints must be recorded by audiovisual
recording, if practicable, or by audio recording.
S. 464L inserted by No. 38/1988 s. 4,

amended by No. 23/1991 s. 5(a)(b), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464L
Fingerprinting of children aged 14 or under
(1) A child under the age of 10 years who is

suspected of having done or omitted to have done any act which would have
constituted an offence had the child been of the age of criminal responsibility
must not—
(a) be requested to give his or her fingerprints; or
(b) have his or her fingerprints taken.
S. 464L(2) amended by
No. 37/2014 s. 10(Sch. item 36.23(a)).
(2) A police officer may take, or cause to be taken by an authorised

person, the fingerprints of a child aged 10 years or more but under 15 years
who—
(a) is believed on reasonable grounds to have committed; or
an indictable offence or a summary offence referred to in Schedule 7

if—
(d) both the child and a parent or guardian of the child consent;
or
(e) where consent is refused or the parent or guardian cannot be

located,
the Children's Court makes an order under section 464M(5).
No. 37/2014 s. 10(Sch. item 36.23(a)).
(3) A police officer wishing to fingerprint a child referred to in

subsection (2) must inform the child and the parent or guardian of the child in
language likely to be understood by each of them—
(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
(c) that the fingerprints may be used in evidence in court; and
(d) that the child's parent or guardian may refuse consent to the
child's
fingerprints being taken; and
(e) that if consent is refused, an application may be made to the

Children's Court for an order directing the child to give his or her
fingerprints; 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.
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—
S. 464L(5)(a) substituted by No. 27/2006

s. 17(13).
(a) record by audio recording or audiovisual recording; or
(b) record in writing signed by the child and the parent or guardian
present—
the giving of that information and the responses, if any, of the child and
the parent or guardian.
S. 464L(6) amended by No. 27/2006

s. 17(14).
(6) If a child is in custody within the meaning of this Subdivision in

relation to an indictable offence, the giving of the information under
subsection (3) and the responses, if any, of the child and the parent or
guardian must be recorded by audio recording or audiovisual recording.
S. 464L(7) amended by Nos 27/2006
s. 17(15)(a), 37/2014 s. 10(Sch. item 36.23(a)).
(7) If information and the responses of the child and parent or guardian
are recorded by audio recording or audiovisual recording, the police officer
giving the information must give or send by post to the child or his or her
legal practitioner without charge—
S. 464L(7)(a) amended by No. 27/2006

s. 17(15)(b).
(a) the recording (whether audio recording or audiovisual recording)

or a
copy of it within 7 days; and
S. 464L(7)(b) amended by No. 27/2006

s. 17(15)(c).
(b) if a transcript of the recording is prepared, a copy of the

transcript
as soon as practicable.
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 inserted by No. 38/1988 s. 4,

s. 14(b), 57/1989 s. 5(1)(d)(e), 23/1991 s. 6(1), substituted by
No. 129/1993 s. 7.
CRIMES ACT 1958

- SECT 464M
Children's Court may order fingerprinting
S. 464M(1)
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).
(2) An application under subsection (1)—
S. 464M(2)(a) amended by No. 6/2018

s. 68(Sch. 2 item 35.3).
(a) must be in writing supported by evidence on oath or by

affirmation or by affidavit; and
(b) if the child is held in a police gaol or is detained in a youth

residential centre, must state that fact.
(3) Notice of an application under subsection (1) must be served

on—
(a) a parent or guardian of the child; and
(b) if the child is not in custody within the meaning of this

Subdivision,
the child.
(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
(b) in all the circumstances the making of the order is

justified.
(6) In considering whether the making of the order is justified, the court
must take into account amongst other things—
(a) the seriousness of the circumstances surrounding the commission of

the
offence; and
(b) the alleged degree of participation by the child in the commission

of
the offence; and
(c) the age of the child.
(7) A child in respect of whom an application under subsection (1) is

made—
(a) is not a party to the application; and
(b) may not call or cross-examine any witnesses; and
(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(8) amended by No.

35/1996s. 453(Sch. 1 item
16.17).
(8) In exercising the right of address under subsection (7)(c), a

child may be represented by a legal practitioner or, with the leave of the
court, a parent or guardian of the child.
(9) If the court makes an order under subsection (5)—
(a) a parent or guardian of the child or, if a parent or guardian

cannot
be located, an independent person must be present during the taking of the
child's fingerprints; and
S. 464M(9)(b) amended by
No. 37/2014 s. 10(Sch. item 36.24).
(b) a police officer may use reasonable force to take the

fingerprints;
and
S. 464M(9)(c) amended by No. 27/2006

s. 17(16).
(c) the taking of the fingerprints must be recorded by audiovisual

recording, if practicable, or otherwise by audio recording.
(10) After an order under subsection (5) is executed—
(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
S. 464M(10)(b) amended by No. 27/2006

s. 17(17).
(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
(b) to arrest the child named or described in the warrant; 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—
(a) give reasons for its decision; and
(b) cause a note of the reasons to be entered in the records of the

court.
(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).
(15) If a child is apprehended under a warrant issued under subsection

(12), the warrant ceases to have effect immediately after the child's
fingerprints have been taken.
S. 464M(16) amended by No. 48/2006

s. 42(Sch. item 9.3).
(16) If the Children's Court makes an order under subsection (5) in

respect of a child who is held in a prison, police gaol, youth justice centre or
youth residential centre, the court must also order that the officer in charge
of the place at which the child is held must take the fingerprints of the child
or cause them to be taken and must deliver the fingerprints to the applicant
within a period of time specified in the order.
S. 464N inserted by No. 38/1988 s. 4,

ss 11(d), 12(1)(2), 14(c)(d), 56/1989 s. 286(Sch. 2 items
7.8–7.10), substituted by No. 129/1993 s. 7.
CRIMES ACT 1958

- SECT 464N
Taking of fingerprints
S. 464N(1)
(1) Fingerprints may be taken by means of a device to obtain a record of

the fingerprints (a fingerscan) or by any other means.
S. 464N(2) amended by Nos 41/2004

s. 4(2), 37/2014 s. 10(Sch. item 36.24).
(2) If—
(a) fingerprints are to be taken in accordance with a court order;

or
(b) reasonable force is to be used to take fingerprints—
a person of the same sex as the person to be fingerprinted must, if

practicable, take the fingerprints and a police officer involved in
investigating the offence for which the fingerprints are required must not, if
practicable, take the fingerprints.
S. 464NA inserted by No. 35/2002

s. 3.
CRIMES ACT 1958

- SECT 464NA
Fingerscanning for identification purposes
S. 464NA(1)
* * * * *
S. 464NA(2) amended by
Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015
s. 26(1).
(2) If a person of or above the age of 15 years—
(a) has been charged with an indictable offence or a summary offence

referred to in Schedule 7; and
(b) is present in a police station because of the charging or has been

remanded in custody in relation to the charge—
a police officer may take, or cause to be taken by an authorised person, a

fingerscan of the person for the purpose only of identifying the
person.
Nos 37/2014 s. 10(Sch. item
36.25(a)),59/2015
s. 26(2).
(3) A police officer intending to fingerscan a person under this section

must inform the person, in language likely to be understood by the person, that
the fingerscan—
(a) is to be taken only for the purpose of identifying the person;

and
(b) is inadmissible as evidence.
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.
(a) the use of reasonable force is authorised by a police officer in

charge of a police station at the relevant time or a police officer of or above
the rank of sergeant; and
S. 464NA(4)(b) amended by
No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).
(b) before fingerscanning the person, the police officer informs the
person, in language likely to be understood by the person, that reasonable force
may be used to obtain it.
(5) A person of the same sex as the person to be fingerscanned must, if

practicable, take the fingerscan.
S. 464NA(6) amended by No. 41/2004
s. 5(2).
(6) A fingerscan taken under this section is inadmissible as evidence in

any proceeding.
S. 464NA(7) amended by No. 41/2004

s. 5(3).
(7) A fingerscan taken under this section which is not required to be

destroyed under section 464O may be recorded on a computerised database and may
be accessed, disclosed, communicated or made use of by a person for the
performance of official duties if the recording, accessing, disclosing,
communicating or making use of fingerscans on that database by that person, or a
person belonging to a class of persons, for that purpose is authorised in
writing by the Chief Commissioner of Police.
S. 464O inserted by No. 38/1988 s. 4,

s. 11(e), 56/1989 s. 286(Sch. 2 items 7.11–7.13), 57/1989
s. 5(1)(f)(i)–(iii), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464O
Destruction of records
S. 464O(1)
def. of
destroy inserted by No.
35/2002 s. 4.
"destroy", in relation to a fingerscan, means permanently

de-identify information—
(a) which identifies the person from whom the fingerscan was taken;
or
(b) from which the person's identity may be ascertained;
S. 464O(1) def. of fingerprints

s. 6.
"fingerprints" includes fingerscan taken under section 464NA or
any other provision of this Subdivision;
"relevant offence" means—
(a) the offence in respect of which the fingerprints were taken;

or
(b) any other offence arising out of the same circumstances; or
(c) any other offence in respect of which the fingerprints have

probative
value.
(2) If a person has been fingerprinted in accordance with this Subdivision

and—
(a) the person has not been charged with a relevant offence at the end
of
the period of 6 months after the taking of the fingerprints; or
(b) the person has been so charged but the charge is not proceeded
with or
the person is not found guilty of the offence or any other relevant offence,
whether on appeal or otherwise, before the end of that period—
the Chief Commissioner of Police must, subject to subsection (4), destroy

the fingerprints and any record, copy or photograph of them, or cause them to be
destroyed at the time specified in subsection (3).
(3) For the purposes of subsection (2), fingerprints taken in accordance

with this Subdivision and any record, copy or photograph of them must be
destroyed—
(a) where the person has not been so charged or the charge is not
proceeded with, immediately after that period of 6 months; or
(b) where the person is not found guilty, within 1 month after the
conclusion of the proceedings and the end of any appeal period.
S. 464O(4) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(4) A police officer may, within the period referred to in subsection

(3)(a) or (b) and on one occasion only, apply without notice to any other person
to the Magistrates' Court or the Children's Court (as the case requires)
for an order extending the period by not more than 6 months within which the
fingerprints and any record, copy or photograph of them must be
destroyed.
(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. 464O(7) amended by No. 69/1997

s. 22(14).
(7) A person who—
(a) fails to destroy; or
(b) uses or makes, or causes or permits to be used or

made—
any record, copy or photograph of fingerprints required by this section to

be destroyed is guilty of a summary offence punishable on conviction by a level
10 fine (10 penalty units maximum).
S. 464P inserted by No. 38/1988 s. 4,

amended by No. 25/1989 s. 11(f), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464P
Records of juvenile
S. 464P(1A)
s. 7.
(1A) In this section, "fingerprints" includes fingerscan taken

under section 464NA or any other provision of this Subdivision.
(1) Subject to subsection (2), if—
(a) a person is fingerprinted as a child in accordance with this

Subdivision, whether before or after the commencement of section 7 of the
Crimes (Amendment) Act 1993; and
(b) the fingerprints are not required to be destroyed under this

Subdivision; and
(c) the person is not found guilty of any further offence before
attaining
the age of 26 years; and
(d) in the case of fingerprints taken before the commencement of

section 7
of that Act, a request has been made to the Chief Commissioner of Police for
their destruction—
the Chief Commissioner must without delay destroy the fingerprints and any
record, copy or photograph of them, or cause them to be destroyed.
S. 464P(2) amended by Nos 77/2005

s. 8(3)(c), 7/2008 s. 7(3)(e), 63/2014 s. 3(4), substituted by
No. 5/2018 s. 8.
(2) Subsection (1) does not apply to fingerprints retained as a result of

a finding of guilt of an offence if—
(a) the offence is—
(i) an offence against this Act; or
(ii) an offence at common law the maximum penalty for which is

specified
by this Act; and
(b) the offence is punishable by level 4 imprisonment (15 years

maximum)
or more (however the penalty is described).
S. 464Q inserted by No. 38/1988 s. 4,

ss 11(g)(h), 13(a)(b), 56/1989 s. 286(Sch. 2 item 7.14), 57/1989
s. 5(1)(g)(i)(ii), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464Q
Evidence of fingerprints
(1) Evidence in respect of fingerprints taken

from a person is inadmissible as part of the prosecution case in proceedings
against that person for an offence if—
(a) the requirements of sections 464K to 464N have not been complied
with;
or
(b) the fingerprints or any record, copy or photograph of them should

have
been but have not been destroyed as required by section 464O or 464P.
(2) A court may admit evidence in respect of fingerprints otherwise

inadmissible by reason of subsection (1)(a) if—
(a) the prosecution satisfies the court on the balance of

probabilities
that the circumstances are exceptional and justify the reception of the
evidence; or
(b) the accused consents to the reception of the evidence.
(3) For the purposes of subsection (2)(a), the probative value of the
fingerprints is not to be regarded as an exceptional circumstance.
Heading preceding s. 464R inserted by

No. 16/2002 s. 4(b), amended by No. 3/2019 s. 53.
Forensic procedures
and DNA profile samples
S. 464R inserted by No. 38/1988 s. 4,

s. 286(Sch. 2 item 7.15), 57/1989 s. 5(1)(h), 49/1991
s. 119(1)(Sch. 2
item 70), substituted by No. 129/1993 s. 7.
CRIMES ACT 1958

- SECT 464R
Forensic procedure on adult
S. 464R(1)
36.26).
(1) A police officer may request a suspect to undergo a forensic procedure

only if there are reasonable grounds to believe that the procedure would tend to
confirm or disprove the involvement of the suspect in the commission of an
indictable offence and the suspect—
(a) is suspected on reasonable grounds of having committed the

indictable
offence; or
(b) has been charged with the indictable offence; or
(c) has been summonsed to answer to a charge for the indictable

offence.
(2) A forensic procedure may be conducted on a suspect if—
(a) the suspect gives his or her informed consent; or
S. 464R(2)(b) amended by No. 41/2004

s. 10(a).
(b) the Magistrates' Court makes an order under section 464T(3) or

464V(5); or
S. 464R(2)(c) inserted by No. 41/2004

s. 10(b).
(c) a senior police officer gives an authorisation under section

464SA.
S. 464S inserted by No. 84/1989 s. 5,

amended by No. 84/1989 s. 7(a)(b), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464S
Informed consent[33]
S. 464S(1) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(1) A person gives informed consent to a request to undergo a forensic

procedure if he or she consents to the request after a police officer informs
the person in language likely to be understood by the person—
(a) of the purpose for which the procedure is required; and
(b) of the nature of the procedure sought to be conducted; and
S. 464S(1)(c) amended by Nos

81/1997s. 19(1), 13/2010
s. 51(Sch. item 17.4).
(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
(d) of the 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
(e) that the procedure could produce evidence to be used in a court;

and
S. 464S(1)(ea) inserted by No. 16/2002

s. 6.
(ea) that information obtained from analysis of forensic material

obtained
by the procedure will be placed on a DNA database and may be used for the
purpose of a criminal investigation or any other purpose for which the DNA
database may be used under this Subdivision or under a corresponding law of a
(f) that the person may refuse to undergo the procedure; and
S. 464S(1)(g) amended by No. 41/2004

s. 11(a).
(g) where the sample or examination sought may be obtained by a

compulsory
procedure and the person refuses to undergo the procedure, that an application
may be made to the Magistrates' Court for an order authorising the conduct of
the procedure; and
S. 464S(1)(h) inserted by No. 41/2004

s. 11(b).
(h) where the sample or examination sought may be obtained by a

non-intimate compulsory procedure within the meaning of section 464SA and the
person refuses to consent to the procedure, that a senior police officer may
authorise the conduct of the procedure.
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)—
S. 464S(2)(a) amended by No. 27/2006

s. 17(18)(a).
(a) must record the giving of the information and the person's
responses,
if any, by audio recording or audiovisual recording or in writing signed by the
person; and
(b) must give or send by registered post to the person or his or her
legal
practitioner, without charge—
S. 464S(2)(b)(i) amended by No. 27/2006

s. 17(18)(b).
(i) if the giving of the information and the responses are

recorded by
audio recording or audiovisual recording, a copy of the recording as soon as
practicable, but not more than 7 days after the information is given, and, if a
transcript of the recording is prepared, a copy of the transcript as soon as
practicable; and
(ii) if the giving of the information and the responses are

recorded in
writing signed by the person, a copy of the record forthwith.
S. 464S(3) amended by No. 48/2006

s. 42(Sch. item 9.3), substituted by No. 3/2019
s. 54.
(3) A person is taken as having refused consent if—
(a) the person is—
(i) held in a prison, police gaol or youth justice centre; or
(ii) a prisoner in a prison or a person detained in a police

gaol who
is transferred from the prison or police gaol to a facility or an
institution referred to in section 56AB(1) of the Corrections Act
1986; and
(b) within 24 hours after the giving of the information referred to in

subsection (1) the person refuses or fails to consent to the request to undergo
a forensic procedure.
S. 464SA inserted by No. 41/2004

s. 12.
CRIMES ACT 1958
- SECT 464SA
Senior police officer may authorise non-intimate compulsory procedure for certain
adults
(1) In this section and section 464SB,

"non-intimate compulsory procedure" means the taking of a
non‑intimate sample or the conduct of a physical examination of a
non-intimate part of the body.
(2) A senior police officer who is not involved in investigating the

offence for which the compulsory procedure is required may authorise the conduct
of a non-intimate compulsory procedure on a person if the senior police officer
is satisfied that—
(a) the person is a relevant suspect who is—
(i) under lawful arrest by warrant; or
(ii) under lawful arrest under section 458 or 459 or a provision

of
any other Act; or
(iii) in the custody of an investigating official in accordance

with an
order of the Magistrates' Court under section 464B(5) and, at the time of
the application for that order, the person was held in a prison or police gaol;
and
S. 464SA(2)(b) amended by No. 72/2004

s. 29.
(b) the person is not under the age of 18 years; and
(c) the person is not incapable of giving informed consent by reason

of
mental impairment; and
(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
(g) in all the circumstances, the giving of the authorisation is

justified.
(3) A senior police officer must not give an authorisation for a

compulsory procedure on a person if—
(a) an application to a court for an order under this Subdivision in
respect of that person has been made in relation to the same matter and on the
same grounds but has been refused; or
(b) a previous application for an authorisation under this section in

respect of that person has been considered in relation to the same matter and on
the same grounds but has not been given.
(4) An authorisation given in contravention of subsection (3) is

void.
(5) Nothing in subsection (3) prevents a later application for an order

under this Subdivision or an authorisation under this section on different or
further grounds.
S. 464SA(6) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(6) An authorisation under this section may only be given to a police

officer.
S. 464SB inserted by No. 41/2004

s. 12.
CRIMES ACT 1958

- SECT 464SB
Making or refusing authorisation
(1) Before a senior police officer gives or

refuses to give an authorisation under section 464SA, the senior police
officer must allow the suspect or the suspect's legal practitioner, if any,
a reasonable opportunity, if practicable in person, to inform the senior police
officer whether there is any reason why the non-intimate compulsory procedure
should not be conducted.
(2) An authorisation under section 464SA must be made in writing signed by

the senior police officer giving it and include—
(a) the date and time when the authorisation is given; and
(b) the grounds for giving the authorisation; and
(c) the type of sample or examination authorised.
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.
No. 37/2014 s. 10(Sch. item 36.26).
(4) Before the compulsory procedure is conducted, a police officer must

inform the suspect orally and in person of the following—
(a) that an authorisation under section 464SA has been given;

and
(b) the matters referred to in subsection (2)(a), (b) and (c);

and
S. 464SB(4)(c) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(c) that a police officer may use reasonable force to enable the
compulsory procedure to be conducted; and
(d) if the authorisation is to take a sample of hair, that the suspect

may
elect to provide instead a scraping taken by the suspect from his or her mouth,
if it is considered appropriate to do so.
(5) The person who gives the information required to be given by

subsection (4) must—
S. 464SB(5)(a) amended by No. 27/2006

s. 17(19)(a).
(a) record, or cause to be recorded, the giving of that information by

audio recording or audiovisual recording; and
S. 464SB(5)(b) amended by No. 27/2006

s. 17(19)(b).
(b) give or send by registered post, or cause to be given or sent by

registered post, to the suspect or his or her legal practitioner, without
charge, a copy of the recording as soon as practicable, but not more than
7 days after the conduct of the compulsory procedure.
(6) If a senior police officer refuses to give an authorisation under

section 464SA in respect of a suspect, the senior police officer
must—
S. 464SB(6)(a) amended by
No. 37/2014 s. 10(Sch. item 36.26).
(a) inform, or cause another police officer to inform, the suspect

orally
of the decision as soon as practicable after the refusal; and
(b) give written notice of the decision to the suspect within 7 days
after
the refusal.
No. 37/2014 s. 10(Sch. item 36.26).
(7) A failure of the senior police officer or a police officer to comply

with this section does not invalidate any authorisation made by the senior
police officer but constitutes non-compliance for the purposes of
section 464ZE(1)(a).
S. 464SC inserted by No. 3/2019

s. 55.
CRIMES ACT 1958

- SECT 464SC
DNA profile sample from DNA person
(1) A police officer may request a DNA person

who is an adult 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—
(a) is suspected on reasonable grounds of having committed the

indictable offence; or
(b) has been charged with the indictable offence; or
(c) has been summonsed to answer to a charge for the indictable

offence.
(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—
(a) is believed on reasonable grounds of having committed the DNA

sample
offence; or
(b) has been charged with the DNA sample offence; or
(c) has been summonsed to answer to a charge for the DNA sample
offence.
(3) A DNA profile sample may be taken from—
(a) a DNA person who is an adult if—
(i) the adult gives informed consent; or
(ii) a senior police officer gives an authorisation under

section 464SE; or
(b) a DNA person who is a child if—
(i) the child and a parent or guardian of the child give

informed consent;
or
(ii) a senior police officer gives an authorisation under

section 464SE.
S. 464SD inserted by No. 3/2019

s. 55.
CRIMES ACT 1958
- SECT 464SD
Informed consent—DNA person and their parent or guardian
"parent or guardian" means a parent or guardian of a DNA person

who is a child.
(2) A DNA person or a parent or guardian gives informed consent to a

request for the DNA person to give a DNA profile sample if the DNA person or the
parent or guardian consents to the request after a police officer informs the
DNA person or the parent or guardian in language likely to be understood by the
DNA person or the parent or guardian—
(a) of the purpose for which the sample is required; and
(b) of the nature of the procedure sought to be conducted to take the

sample; and
(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
(g) that information obtained from analysis of forensic material

obtained
by the taking of the sample will be placed on a DNA database and may be used for
the purpose of a criminal investigation or any other purpose for which the DNA
database may be used under this Subdivision or under a corresponding law of a
(h) that if a sample is taken from the DNA person 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—
the sample taken will be destroyed; and
(i) that the DNA person or the parent or guardian may refuse to
consent to
the taking of the sample; and
(j) that if the DNA person or the parent or guardian refuses to

consent to
the taking of the sample, that a senior police officer may authorise the taking
of the sample.
(3) A police officer who informs a DNA person or a parent or guardian of

the matters in subsection (2)—
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 the

person's legal practitioner or the parent or guardian of the child if the
child's legal practitioner is not known, without charge—

recorded by
practicable, but not more than 7 days after the information is given, and, if a
practicable; and

recorded
in writing signed by the person, a copy of the record as soon as
practicable.
(4) A DNA person is taken as having refused consent if—
(a) the DNA person is—
(i) held in a prison, police gaol or youth justice centre; or
(ii) a prisoner in a prison or a person detained in a police

gaol who
is transferred from the prison or police gaol to a facility or an
institution referred to in section 56AB(1) of the Corrections Act
1986; and
(b) within 24 hours after the giving of the information referred to in

subsection (2) the DNA person fails to consent to the request to take the
sample.
(5) A parent or guardian is taken as having refused consent if the parent

or guardian is not capable of giving informed consent by reason of mental
impairment.
S. 464SE inserted by No. 3/2019
s. 55.
CRIMES ACT 1958

- SECT 464SE
Senior police officer may authorise the taking of a DNA profile sample from DNA
person
(1) A senior police officer who is not involved

in investigating the offence for which the taking of a sample is required may
authorise the taking of a DNA profile sample from a DNA person if the senior
police officer is satisfied that—
(a) the person is a DNA person who is—
(i) under lawful arrest by warrant; or
(ii) under lawful arrest under section 458 or 459 or a

provision of any other Act; or
(iii) in the custody of an investigating official in accordance

with an
order of the Magistrates' Court or the Children's Court (as the case requires)
under section 464B(5) and, at the time of the application for that order, the
person was held in a prison or police gaol; and
(b) the person is not incapable of giving informed consent by reason

of
(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
(f) for a DNA person who is a child, the person is believed on

reasonable grounds of having committed the DNA sample 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—
(a) an application to a court for an order under section 464T, 464U or

464V in respect of that person has been made in relation to the same matter and
on the same grounds but has been refused; or
(b) a previous application for an authorisation under this section in
respect of that person has been considered in relation to the same matter and on
the same grounds but has not been given.
(3) An authorisation given in contravention of subsection (2) is

void.
(4) Nothing in subsection (2) prevents a later application for an order

under section 464T, 464U or 464V or an authorisation under this section on
different or further grounds.
(5) An authorisation under this section must be given to a police

officer.
S. 464SF inserted by No. 3/2019

s. 55.
CRIMES ACT 1958

- SECT 464SF
Making or refusing authorisation—DNA profile sample
(1) Before a senior police officer gives or

refuses to give an authorisation under section 464SE, the senior police
officer must allow a reasonable opportunity, if practicable in person, for
the following persons to inform the senior police officer whether there is any
reason why the DNA profile sample should not be taken—
(a) the DNA person;
(b) the parent or guardian of the DNA person if the DNA person is a
child;
(c) the DNA person's legal practitioner, if any.
(2) An authorisation under section 464SE must be given in writing, be

signed by the senior police officer giving it and include—
(a) the date and time when the authorisation is given; and
(b) the grounds for giving the authorisation.
Note
The Electronic Transactions (Victoria) Act 2000 applies to enable an

authorisation to be given electronically, including facsimile transmission and
email, in accordance with that Act.
(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—
(a) that an authorisation under section 464SE has been

given;
(b) the matters referred to in subsection (2)(a) and (b);
(c) that a police officer may use reasonable force to enable the
DNA profile sample to be taken.
(5) The person who gives the information required to be given by

subsection (4) must—
(a) record, or cause to be recorded, the giving of that information by

audio recording or audiovisual recording; and
(b) give or send by registered post, or cause to be given or sent by

registered post without charge, a copy of the recording as soon as practicable,
but not more than 7 days after the taking of the DNA profile sample
to—
(i) the DNA person or their legal practitioner; or
(ii) the parent or guardian of a DNA person who is a child if

the child's
legal practitioner is not known.
(6) If a senior police officer refuses to give an authorisation under

section 464SE in respect of a DNA person, the senior police officer
must—
(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.
(7) A failure of the senior police officer or a police officer to comply

with this section does not invalidate any authorisation made by the senior
police officer but constitutes non-compliance for the purposes of
section 464ZE(1)(a).
S. 464T inserted by No. 84/1989 s. 5,

amended by No. 84/1989 s. 7(c), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464T
Court may order compulsory procedure
S. 464T(1)
36.27(a)(ii)).
(1) If—
(a) a person refuses to undergo a forensic procedure after being

requested
to do so or is incapable of giving informed consent by reason of mental
impairment; and
(b) the sample or examination sought may be obtained by a compulsory

procedure; and
(c) the person is a relevant

suspect[34]; and
No. 37/2014 s. 10(Sch. item 36.27 (a)(i)).
(d) a police officer believes on reasonable grounds that the person

has
committed the offence in respect of which the procedure was
requested—
the police officer may apply to the Magistrates' Court for an order
directing the person to undergo the compulsory procedure.
S. 464T(2)(a) amended by No. 6/2018

s. 68(Sch. 2 item 35.3).
(a) must be in writing supported by evidence on oath or by

affirmation or by affidavit; and
(b) if the person is a detained or protected person, must state that

fact
and identify the place where the person is held or resides; and
(c) must specify the type of compulsory procedure sought to be
conducted.
(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—
(a) the person is a relevant suspect; and
(b) there are reasonable grounds to believe that the person has
committed
the offence in respect of which the application is made; and
S. 464T(3)(c) amended by No.

81/1997s.
17(1).
(c) in the case of an application for a sample other than one referred
to
in paragraph (d), any of the following applies—
(i) material reasonably believed to be from the body of a person

who
committed the offence has been found—
(A) at the scene of the offence; or
(B) on the victim of the offence or on anything reasonably believed to

or
(C) on an object or person reasonably believed to have been associated

with the commission of the offence; or
(ii) there are reasonable grounds to believe that, because of

the nature
of the offence or injuries inflicted during the commission of the offence,
material from the body or clothing of the victim is present—
(A) on the person who committed the offence or on anything reasonably

believed to have been worn or carried by that person when the offence was
committed; or
S. 464T(3)(c) (ii)(B) amended by No.

81/1997s.
17(2).
(B) on an object reasonably believed to have been associated with the

commission of the offence; or
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).
(iv) the offence in respect of which the application is made is

an offence
against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I
and there are reasonable grounds to believe that the conduct of the procedure on
the person may be relevant in determining the paternity of a child that has been
conceived allegedly as a result of the offence; and
(d) in the case of an application to take a sample or washing from the

skin to determine the presence of gunshot residue, a firearm was discharged
during the commission of the offence; and
(e) in the case of an application to conduct a physical examination,

the
person who committed the offence had distinguishing marks or injuries, whether
acquired during the commission of the offence or otherwise; and
(f) there are reasonable grounds to believe that the conduct of the
procedure on the person may tend to confirm or disprove his or her involvement
in the commission of the offence; and
(g) the person has refused to give consent to a request under section
464R(1) or the person is incapable of giving informed consent by reason of
(h) in all the circumstances, the making of the order is

justified.
(4) Except on an application made in accordance with section 464V or 464W,

the Magistrates' Court must not make an order directing a person to undergo a
compulsory procedure unless the person is present.
(5) A relevant suspect in respect of whom an application is

made—
(c) may not address the Court, other than in respect of any matter
referred to in subsection (3)(a) to (h).
S. 464T(6) amended by No.

35/1996s. 453(Sch. 1 item
16.17).

relevant suspect may be represented by a legal practitioner.
(7) If the Magistrates' Court makes an order under subsection (3), it
must—
(b) state the evidence on which it is satisfied of the matters

referred to
in subsection (3); and
(c) cause a note of the reasons to be entered in the records of the

Court;
and
No. 37/2014 s. 10(Sch. item 36.27(b)).
(d) inform the person ordered to undergo a compulsory procedure that a

police officer may use reasonable force to enable the procedure to be
conducted.
(8) A failure of the Court to comply with subsection (7) does not
of section 464ZE(1)(a).
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)).
(a) a police officer proposes to make an application to the

Magistrates'
Court under subsection (1) in respect of a person; and
(b) the person is a detained or protected person—
the Court may, on the application of a police officer, issue a warrant

directing the officer-in-charge of the place where the person is held to deliver
the person into the custody of the applicant or another police officer for the
purpose—
(c) of attending the hearing of the application under subsection (1);

and
(d) if that application is granted, of conducting the procedure on the

person.
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—
(a) forthwith after the hearing of the application under subsection

(1);
or
(b) if the application is granted, within such period after the

hearing of
the application as reasonably permits the conduct of the procedure on the
person.
S. 464U inserted by No. 84/1989 s. 5,

s. 7(d)–(h) (i)(ii), 23/1991 s. 6(2)(3), substituted by No.
129/1993 s. 7.
CRIMES ACT 1958

- SECT 464U
Forensic procedure on child
S. 464U(1)
36.28).
(1) A police officer must not request a child to undergo a forensic

procedure or request that a compulsory procedure be conducted on the child if
the child—
(a) is under the age of 10 years; and
(b) is suspected of having done or omitted to have done any act which
would have constituted an offence had the child been of the age of criminal
responsibility.
S. 464U(2) amended by Nos 72/2004

s. 30(1), 37/2014 s. 10(Sch. item 36.28).
(2) A police officer must not request a child aged 10 years or more
but under 18 years who—
(a) is suspected of having committed; or

an offence, whether indictable or summary, to undergo a forensic procedure

or request that a compulsory procedure be conducted on the child unless the
Children's Court has made an order under subsection (7) or section
464V(5).
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—
S. 464U(3)(a) amended by Nos

81/1997s. 18, 61/2001
s. 16(1)(b)(i), 16/2002 s. 17(2), 35/2002 s. 28(Sch. item
3.2).
(a) is suspected on reasonable grounds of having committed or

attempted to
commit an indictable offence against the person at common law or an indictable
offence under Division 1 of Part I or under section 75, 75A, 76, 77, 197 (in
circumstances where the offence is charged as arson), 197A, 249, 250, 251, 317,
317A or 318 or under section 71, 71AA, 72 or 72A of the Drugs, Poisons and
Controlled Substances Act 1981 or under 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; or
S. 464U(3)(b) amended by Nos

81/1997s. 18, 61/2001
s. 16(1)(b)(ii), 16/2002 s. 17(2), 35/2002 s. 28(Sch. item
3.2).
(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.
S. 464U(4)(a) amended by No. 6/2018

s. 68(Sch. 2 item 35.3).
(a) must be in writing supported by evidence on oath or by affirmation

or
by affidavit; and
(b) if the child is a detained or protected person, must state that

fact
and identify the place where the child is held or resides; and
(c) must specify the type of compulsory procedure sought to be

conducted.
(5) Notice of an application under subsection (3) must be served

on[35]—
(a) a parent or guardian of the child; and
(b) if the child is not in custody within the meaning of this

Subdivision,
the child.
(6) The court may dispense with the requirement of subsection (5)(a) if
satisfied that it is impracticable for the applicant to comply.
S. 464U(7) amended by No. 72/2004

s. 30(2).
(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—
(a) the child is a person referred to in subsection (3)(a) or (b);

and
(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—

who
committed the offence has been found—

or

(ii) there are reasonable grounds to believe that, because of

the nature
of the offence or injuries inflicted during the commission of the offence,
material from the body or clothing of the victim is present—
(A) on the person who committed the offence or on anything reasonably
believed to have been worn or carried by that person when the offence was
committed; or
(B) on an object reasonably believed to have been associated with the

commission of the offence; and
(d) in the case of an application to take a sample or washing from the

skin to determine the presence of gunshot residue, a firearm was discharged
during the commission of the offence; and
(e) in the case of an application to conduct a physical examination,

the
person who committed the offence had distinguishing marks or injuries, whether
acquired during the commission of the offence or otherwise; and
(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
(g) in all the circumstances, the making of the order is

justified.
(8) In considering whether the making of the order is justified, the court
must take into account amongst other things—
(a) the seriousness of the circumstances surrounding the commission of

the
offence; and
(b) the alleged degree of participation by the child in the commission

of
the offence; and
(c) the age of the child.
(9) If the Children's Court makes an order under subsection (7), it

must—
(b) state the evidence on which it is satisfied of the matters

referred to
in subsection (7); and
(c) cause a note of the reasons to be entered in the records of the

court;
and
S. 464U(9)(d) amended by
No. 37/2014 s. 10(Sch. item 36.28).
(d) inform the child ordered to undergo a compulsory procedure that a

conducted.
(10) A failure of the court to comply with subsection (9) does not
(11) Except on an application made in accordance with section 464V or

464W, the Children's Court must not make an order under subsection (7) unless
the child is present.
(12) A child in respect of whom an application is made—
(c) may not address the court, other than in respect of any matter
referred to in subsection (7)(a) to (g) or subsection (8).
S. 464U(13) amended by No.

35/1996s. 453(Sch. 1 item
16.17).

child may be represented by a legal practitioner or, with the leave of the
court, a parent or guardian of the child.
(14) The provisions of section 464T(9) and (10) apply as

if—
(a) a reference to an application to the Magistrates' Court under

subsection (1) of that section were a reference to an application to the
Children's Court under subsection (3) of this section; and
(b) a reference to the person were a reference to the child; and
(c) a reference to the Magistrates' Court were a reference to the

Children's Court.
S. 464V inserted by No. 84/1989 s. 5,

ss 7(i)(j), 8(a)(i)–(iv), 23/1991 s. 7(1)(2), substituted by No.
129/1993 s. 7.
CRIMES ACT 1958

- SECT 464V
Interim orders
(1) This section does not apply to an

application in respect of a blood sample.
S. 464V(2) amended by
No. 37/2014 s. 10(Sch. item 36.29(a)).
(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).
(4) If a police officer believes on reasonable grounds

that—
(a) it is necessary to obtain an interim order; and
(b) the sample or evidence sought to be obtained by the compulsory

procedure is likely to be lost if the making of an application for an interim
order is delayed until the time when the application could be made in
person—
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—
(a) the court is satisfied 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; and
S. 464V(5)(b) amended by No. 6/2018

s. 68(Sch. 2 item 35.6).
(b) on the evidence, whether sworn or affirmed, or unsworn or not

affirmed, before it at that time, it appears to the court that there may be
sufficient evidence to satisfy it of the matters set out in section 464T(3)
or 464U(7) (as the case requires); and
S. 464V(5)(c) amended by
No. 33/2018 s. 86(2).
(c) on an application by audio link or audio visual link, the court is

satisfied that the sample or evidence sought to be obtained by the compulsory
procedure is likely to be lost if the making of the application is delayed until
the time when the application could be made in person.
(6) If the court makes an interim order—
(a) it must adjourn the further hearing of the application to enable

the
compulsory procedure to be conducted; and
(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
(d) the person on whom the compulsory procedure is conducted must

attend
the further hearing[36].
(7) On the further hearing of an application—
(a) if the court is satisfied of the matters set out in section

464T(3) or
464U(7), it must confirm the order made under this section; or
(b) if the court is not so satisfied, it must order the destruction of

any
sample taken and any other evidence obtained as a result of the compulsory
procedure.
(8) A sample taken in accordance with an interim order must not be

analysed before the final determination of the application.
S. 464W (Heading) inserted by

No. 33/2018 s. 87(1).
S. 464W inserted by No. 84/1989 s. 5,

ss 7(k), 8(b), 8/1991 s. 22(1)(a)–(d), substituted by No.
129/1993 s. 7.
CRIMES ACT 1958

- SECT 464W
Application by audio link or audio visual link for interim order
S. 464W(1)
amended by Nos 37/2014 s. 10(Sch. item 36.30(a)), 33/2018
s. 87(2).
(1) A police officer making an application by audio link or audio visual

link for an interim order must make the application in accordance with this
section.
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.
Nos 37/2014 s. 10(Sch. item 36.30(b)), 6/2018 s. 68(Sch. 2
item 35.8), 33/2018 s. 87(3).
(3) If transmission by facsimile machine or other electronic communication

is available, the police officer must transmit a copy of the affidavit, even if
the affidavit is not sworn or affirmed, to the magistrate or Children's Court
magistrate constituting the court that is to hear
the application.
(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.
No. 33/2018 s. 87(4).
(5) If the court makes an interim order on an application made by audio

link or audio visual link, the court must inform the applicant of the terms of
the order, the date on which and the time at which it was made, and the date on
which and the venue of the court at which the further hearing of the application
will take place.
No. 33/2018 s. 87(5).
(6) If transmission by facsimile machine or other electronic communication

is available, the court must transmit a copy of its order to the
applicant.
(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).
No. 33/2018 s. 87(6)(a).
(8) If an interim order is made on an application made by audio link or

audio visual link, the applicant must—
S. 464W(8)(a) amended by
No. 33/2018 s. 87(6)(b).
(a) if a copy of the order has not been transmitted by facsimile

machine
or other electronic communication, complete a form of order in the terms
indicated by the court under subsection (5) and must write on it the name of the
magistrate or Children's Court magistrate who constituted the court that made
the order and the date on which and the time at which it was made; and
S. 464W(8)(b) amended by
No. 33/2018 s. 87(6)(b).
(b) if a copy of the order has been transmitted by facsimile machine

or
other electronic communication, serve a copy of the order on the person ordered
to undergo the compulsory procedure; and
(c) inform the person ordered to undergo the compulsory

procedure—
(i) of the terms of the order; and
S. 464W(8)(c)(ii)
36.30(c)).
(ii) that a police officer may use reasonable force to enable

the
procedure to be conducted; and
(d) give notice in writing to the person ordered to undergo the

compulsory
procedure of the date on which and venue of the court at which the further
hearing of the application will take place and that the person is required to be
present at that further hearing; and
(e) not later than the day following the making of the order, send the
form of order, if any, completed by the applicant to the magistrate or
Children's Court magistrate who constituted the court that made the
order.
No. 37/2014 s. 10(Sch. item 36.30(c)).
(8)(c)—
S. 464W(9)(a) amended by No. 27/2006

s. 17(20)(a).
(a) must record the giving of the information by audio recording or

audiovisual recording or in writing signed by the person; and
legal
S. 464W(9)(b)(i)
amended by No. 27/2006 s. 17(20)(b).
(i) if the giving of the information is recorded by audio

recording or
audiovisual recording, a copy of the recording as soon as practicable but not
more than 7 days after the information is given, and, if a transcript of the
recording is prepared, a copy of the transcript as soon as practicable;
and
(ii) if the giving of the information is recorded in writing, a

copy of
the record forthwith.
S. 464W(10) amended by Nos 6/2018

s. 68(Sch. 2 item 35.9), 33/2018 s. 87(7).
(10) If an application is made by audio link or audio visual link, whether

or not an interim order is made, the applicant must, not later than the day
following the making of the application, send the affidavit duly sworn
or affirmed to the magistrate or Children's Court magistrate who
constituted the court that heard the application.
S. 464W(11) inserted by
No. 33/2018 s. 87(8).
(11) In section 464V and this section—
"audio link" means facilities (including telephone) that enable

audio communication between persons at different places;
"audio visual link" means facilities (including closed-circuit

television) that enable audio and visual communication between persons at
different places.
S. 464W(12) inserted by
No. 33/2018 s. 87(8).
(12) Nothing in section 464V or this section engages the provisions of

Part IIA of the Evidence (Miscellaneous Provisions)
Act 1958.
S. 464X inserted by No. 84/1989 s. 5,
CRIMES ACT 1958

- SECT 464X
Warrants
(1) If an application is made

to[37]—
(a) the Magistrates' Court under section 464T(1) or 464V(2); or
(b) the Children's Court under section 464U(3) or 464V(2)—
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
(d) to arrest the person; and
(e) to bring the person before the court for the hearing of the
application; and
(f) if that application is granted, to detain the person for as long

as
reasonably permits the conduct of the compulsory procedure.
(2) If a court issues a warrant under subsection (1) it

must—

court.
(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).
(4) If a person is apprehended under a warrant issued under subsection

(1), the warrant ceases to have effect immediately after the procedure is
completed or on the expiration of a reasonable time (whichever is the
earlier).
S. 464Y (Heading) inserted by No. 3/2019

s. 56(1).
S. 464Y inserted by No. 84/1989 s. 5,
amended by No. 84/1989 s. 8(c), substituted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464Y
Caution before forensic procedure or taking of a DNA profile sample
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).
(1) Immediately before a DNA profile sample is taken in accordance with

section 464SC, 464SE, 464ZFAC or 464ZFAE or a forensic procedure is conducted in
accordance with sections 464R to 464ZA or section 464ZF or 464ZFAAA (as the
case may be), a police officer must inform the person on whom the procedure is
to be conducted that he or she does not have to answer any questions asked by
the registered medical practitioner, nurse, midwife or other person taking the
sample or conducting the procedure but that anything the person does say may be
given in evidence.
S. 464Y(2) amended by
No. 37/2014 s. 10(Sch. item 36.31).

(1)—
S. 464Y(2)(a) amended by No. 27/2006

s. 17(21)(a).
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. 464Y(2)(b) amended by No. 3/2019

s. 56(3).
legal
practitioner or the parent or guardian of a DNA person who is a child if the
child's legal practitioner is not known, without charge—
S. 464Y(2)(b)(i) amended by No. 27/2006

s. 17(21)(b).

recorded by
practicable but not more than 7 days after the information is given, and, if a
practicable; and

recorded in
writing, a copy of the record forthwith.
S. 464Z inserted by No. 84/1989 s. 5,

CRIMES ACT 1958

- SECT 464Z
Procedure for taking samples etc.
S. 464Z(1)
amended by No. 3/2019 s. 57(1).
(1) The Chief Commissioner of Police may authorise a person or a class of

persons to take non-intimate samples or to conduct physical examinations of a
non-intimate part of the body for the purposes of this Subdivision.
S. 464Z(1A) inserted by No. 16/2002

s. 7(1), amended by Nos 37/2014 s. 10(Sch. item 36.32(a)),
59/2015 s. 27(1), substituted by No. 3/2019
s. 57(2).
(1A) The Chief Commissioner of Police may authorise a police officer or

police custody officer, or a class of police officers or police custody
officers, to supervise for the purposes of subsection (3A)
or (3AC)—
(a) the taking of scrapings from the mouth; or
(b) the taking of a DNA profile sample that is a scraping from the
mouth.
S. 464Z(2) amended by No. 16/2002

s. 7(2).
(2) The Chief Commissioner must give a copy of an authority under
subsection (1) or (1A) to the Minister who must cause it 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 it
has been received by the Minister.

s. 57(3).
(2A) The taking of a DNA profile sample or the conduct of a forensic

procedure in accordance with this Subdivision, must be taken or conducted by the
least intrusive and least painful method practicable in the
circumstances.
(3) For the purposes of a forensic procedure under this

Subdivision—
S. 464Z(3)(a) amended by Nos

81/1997s. 19(2), 13/2010
s. 51(Sch. item 17.6(a)).
(a) an intimate sample (other than a dental impression) or a physical

examination of an intimate part of the body may only be taken or conducted by a
medical practitioner or nurse or midwife of the same sex, if practicable, as the
person from whom the sample is to be taken or who is to be examined;
(b) a dental impression may only be taken by a dentist;
S. 464Z(3)(c) amended by Nos

81/1997s. 19(2), 16/2002
s. 7(3), 13/2010 s. 51(Sch. item 17.6(b)).
(c) a non-intimate sample or a physical examination of a non-intimate

part
of the body may be taken or conducted by a medical practitioner or nurse, or
midwife or a person authorised in accordance with subsection (1).
S. 464Z(3AAA) inserted by No. 3/2019

s. 57(4).
(3AAA) For the purposes of a DNA profile sample taken in accordance with
this Subdivision—
(a) a sample may only be taken by a medical practitioner or nurse of

the
same sex, if practicable, as the person from whom the sample is to be taken;
and
(b) if the sample is to be taken from a child the sample must be

taken in the presence of a parent or guardian of the child or, if a parent or
guardian cannot be located, an independent person of the same sex, if
practicable, as the child.
S. 464Z(3AA) inserted by No. 41/2004

36.32(b)).
(3AA) Despite subsection (3), a person from whom a sample of hair, other
than pubic hair, is to be taken in accordance with—
(a) an authorisation given under section 464SA; or
(b) an order made by a court under this Subdivision—
may elect to provide instead a scraping taken by the person from his or her
mouth if a police officer authorised in accordance with subsection (1A)
considers that—
(c) a scraping is appropriate in the circumstances; and
(d) it is appropriate for the person to take the scraping.
S. 464Z(3AB) inserted by No. 41/2004

s. 13(1), amended by No. 27/2006 s. 17(22).
(3AB) An election made by a person under subsection (3AA) must be

recorded by audio recording or audiovisual recording or in writing signed by the
person.
S. 464Z(3AC) inserted by No. 3/2019

s. 57(5).
(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(3AD) inserted by No. 3/2019

s. 57(5).
(3AD) An election made by a person under subsection (3AC) must be recorded

by audio recording or audiovisual recording or in writing signed by
the person.

s. 7(4), amended by Nos 37/2014 s. 10(Sch. item
36.32(c)(i)), 59/2015 s. 27(2), 3/2019 s. 57(6).
(3A) Nothing in subsection (3) or (3AAA) prevents a person from whom a

scraping from the mouth is to be taken from taking the scraping himself or
herself under the supervision of a police officer or police custody officer
authorised in accordance with subsection (1A) if—
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
S. 464Z(3A)(b) amended by No. 27/2006

s. 17(23).
(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(3B) inserted by No. 16/2002

s. 7(4), amended by Nos 41/2004 s. 13(2)(a), 37/2014
s. 10(Sch. item 36.32(d)), 59/2015 s. 27(3), 3/2019
s. 57(7).
(3B) The police officer referred to in subsection (3AA) or (3AC), or the

police officer or police custody officer referred to in subsection (3A),
must give or send by registered post to the person from whom a scraping is taken
or his or her legal practitioner, without charge—
S. 464Z(3B)(a) amended by Nos 41/2004

s. 13(2)(b)(i)(ii), 27/2006 s. 17(24).
(a) if the election or consent is recorded by audio recording or

audiovisual recording, a copy of the recording as soon as practicable but not
more than 7 days after the election is made or the consent is given, and, if a
practicable; and
S. 464Z(3B)(b) amended by No. 41/2004

s. 13(2)(c).
(b) if the election or consent is recorded in writing, a copy of the

record forthwith.
S. 464Z(4) amended by Nos

81/1997s. 19(3), 41/2004
s. 13(3), 13/2010 s. 51(Sch. item 17.6(c)).
(4) A person from whom an intimate sample is to be taken (except a

scraping from a person's mouth to be taken by that person) or who is to undergo
a physical examination of an intimate part of the body may request that a
medical practitioner or nurse or midwife or, if a dental impression is to be
taken, a dentist of his or her choice take the sample or conduct the examination
or be present during the forensic procedure.

81/1997s. 19(4), 13/2010
s. 51(Sch. item 17.6(d)).
(5) If a medical practitioner, nurse, midwife or dentist is chosen by a

person under subsection (4)—
(a) if practicable, the forensic procedure is to be conducted by or in

the
presence of the chosen person; and
S. 464Z(5)(b) amended by No.

81/1997s.
19(4).
(b) if the chosen person conducts the forensic procedure, a medical

practitioner, nurse or dentist (as the case requires) nominated by the police
must be present.
(6) A sample must be taken or a physical examination must be

conducted—
S. 464Z(6)(a) amended by Nos

81/1997s. 21(a), 13/2010
s. 51(Sch. item 17.6(e)).
(a) if taken or conducted by a medical practitioner, nurse, midwife or

dentist, in a manner consistent with the appropriate medical or dental
standards; and
S. 464Z(6)(ab) inserted by No.

81/1997s. 21(b), amended by Nos
16/2002 s. 7(5)(a), 37/2014 s. 10(Sch. item 36.32(d)), 59/2015
s. 27(4).
(ab) in the presence of a police officer or police custody officer

who is present to witness the taking of the sample or the conduct of the
physical examination, subject to subsection (9), and is of the same sex, if
practicable, as the person from whom the sample is to be taken or who is to be
examined; and
(b) in circumstances affording reasonable privacy to the person from

whom
the sample is to be taken or who is to be examined; and
(c) in the presence only of—
S. 464Z(6)(c)(i) amended by Nos

81/1997s. 21(c), 37/2014
s. 10(Sch. item 36.32(d)), 59/2015 s. 27(4).
(i) a police officer or police custody officer required by
paragraph
(ab) to be present; and
(ii) a person required by section 464ZA to be present; and
S. 464Z(6)(c)(iii)
amended by No. 16/2002 s. 7(5)(b).
(iii) a person referred to in subsection (5); and
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).
(iv) a police officer or police custody officer referred to in

subsection (3A).
(7) A blood sample for the purposes of this Subdivision must not exceed 10
millilitres.

s. 13(4).
(7A) For the purposes of this Subdivision, a person is authorised to take

a sample of hair by removing the root of the hair only if—
(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.

81/1997s. 19(5), 13/2010
s. 51(Sch. item 17.6(f)).
(8) This Subdivision does not compel any medical practitioner, nurse,
midwife or dentist to take a sample from a person nor to conduct a physical
examination of a person nor to be present when a sample is taken or an
examination is conducted.
S. 464Z(9) inserted by No. 16/2002

s. 7(6).
(9) If a scraping is to be taken from a person's mouth and the person is

to take it, the witness required by subsection (6)(ab) to be present need not be
of the same sex as the person.
S. 464ZA (Heading) inserted by No.

41/2004 s. 14(1), amended by No. 25/2017
s. 51(1).
S. 464ZA inserted by No. 84/1989 s. 5,

CRIMES ACT 1958

- SECT 464ZA
Execution of authorisation, direction or order
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—
(a) a senior police officer gives an authorisation under section 464SA

for
the conduct of a non-intimate compulsory procedure; or
S. 464ZA(1)(ab) inserted by No. 3/2019
s. 58(1).
(ab) a senior police officer gives an authorisation under section

464SE
for the taking of a DNA profile sample; or
S. 464ZA(1)(ac) inserted by No. 3/2019

s. 58(1).
(ac) a senior police officer gives an authorisation under section

464ZFAE
for the taking of a DNA profile sample from a person; or
(b) a court makes an order under section 464T(3), 464U(7) or 464V(5)

for
the conduct of a compulsory procedure; or
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(1)(e) inserted by No.

3/2019 s. 58(2)(b).
(e) a senior police officer authorises the taking of a DNA profile

sample from a person under section 464ZFAC or 464ZFAE—
a police officer, with such assistance as he or she considers necessary,

may use reasonable force to assist a medical practitioner, nurse, midwife,
dentist or person authorised under section 464Z to take the sample or
conduct the procedure.
S. 464ZA(2) amended by
No. 37/2014 s. 10(Sch. item 36.33(b)).
(2) If practicable, a police officer acting in accordance with subsection

(1) and any person assisting the police officer—
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.
(3) If the Children's Court makes an order under section 464U(7) or

464V(5), a parent or guardian of the child or, if a parent or guardian cannot be
located, an independent person of the same sex, if practicable, as the child
must be present during the conduct of a compulsory procedure on the
child.
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)—
(a) must be recorded by audiovisual recording, if practicable;

or
(b) must be witnessed by an independent medical practitioner or

independent nurse.
S. 464ZA(4) amended by No. 16/2002

s. 8(1).
(4) The taking of an intimate sample (other than a blood sample or a

scraping from a person's mouth taken by that person) or the examination of an
intimate part of the body in accordance with the order of a
court—
S. 464ZA(4)(a) amended by No. 27/2006

s. 17(25).
(a) must be recorded by audiovisual recording, if practicable and if

the
person on whom the procedure is to be conducted consents; or
S. 464ZA(4)(b) amended by Nos

81/1997s. 19(6)(a)(b), 13/2010
s. 51(Sch. item 17.8).
(b) must be witnessed by an independent medical practitioner or

independent nurse or independent midwife or, if a dental impression is to be
taken, an independent dentist or the medical practitioner, nurse, midwife or
dentist chosen by the person to be present at the procedure.
S. 464ZA(5) amended by Nos

81/1997s. 22(2), 16/2002
s. 8(2), 41/2004 s. 14(3), 27/2006
s. 17(26).
(5) All other compulsory or forensic procedures (except a scraping from a

person's mouth taken by that person) conducted in accordance with the
authorisation of a senior police officer or the order of a court must be
recorded by audiovisual recording, if practicable, or witnessed by an
independent person.
S. 464ZA(6) substituted by No.

81/1997s. 22(3), amended by
Nos 41/2004 s. 14(4)(a), 27/2006 s. 6(b), 25/2017 s. 51(3),
3/2019 s. 58(5)(a).
(6) After an authorisation under section 464SA, 464SE, 464ZFAC

or 464ZFAE or an order under section 464T(3), 464U(7), 464V(5), 464ZF or
464ZFAAA or a direction under section 464ZFAB is executed—
S. 464ZA(6)(a) amended by Nos 41/2004

s. 14(4)(b), 27/2006 s. 17(27), 37/2014 s. 10(Sch. item
36.33(c)), 3/2019 s. 58(5)(b).
(a) if the taking of the sample or the procedure was recorded by

audiovisual recording, the person who recorded the conduct of the procedure, or
the police officer who witnessed the conduct of the procedure, must endorse on
the authorisation or order his or her own name and sign the endorsement;
or
S. 464ZA(6)(b) amended by Nos 41/2004

s. 14(4)(b), 13/2010 s. 51(Sch. item 17.9), 3/2019
s. 58(5)(c).
(b) if an independent medical practitioner, nurse, midwife, dentist or

other person witnessed the taking of the sample or the conduct of the
procedure, the witness must endorse on the authorisation or order his or her own
name and sign the endorsement.
S. 464ZA(6A) inserted by No.

81/1997s. 22(3), amended by
Nos 41/2004 s. 14(5), 37/2014 s. 10(Sch. item 36.33(c)), 3/2019
s. 58(6).
(6A) A police officer must give a copy of the authorisation or order so

endorsed to the person from whom the sample was taken or on whom the procedure
was conducted.
S. 464ZA(7) amended by Nos

81/1997s. 22(4), 41/2004
s. 14(6)(a)(b), 27/2006 s. 17(28), substituted by No. 3/2019
s. 58(7).
(7) If a DNA profile sample taken in accordance with an authorisation or a
direction, or a compulsory procedure or a forensic procedure conducted in
accordance with an authorisation of a senior police officer or an order of a
court, is recorded by audiovisual recording, the applicant for the
authorisation, direction or order must—
(a) without charge; and
(b) as soon as practicable but not more than 7 days after the
procedure was conducted or the sample was taken—
give or send by registered post a copy of the audiovisual recording to the

person from whom the sample was taken or on whom the procedure was conducted or
to the person's legal practitioner.
S. 464ZA(8) inserted by No. 3/2019

s. 58(7).
(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.
S. 464ZB inserted by No. 84/1989 s. 5,

CRIMES ACT 1958

- SECT 464ZB
Analysis of samples
(1) If a sample taken in accordance with this

Subdivision is analysed, it must be analysed—
(a) in accordance with the prescribed standards, if any; and
(b) by an analyst authorised under this section, if the regulations so

require.
(2) The Minister may authorise, by notice published in the Government

Gazette, persons whom the Minister considers to be appropriately qualified to
carry out analyses for the purposes of this Subdivision.
(3) An authority given under subsection (1) may be in respect of a

particular type of analysis specified in the authority.
(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 inserted by No. 84/1989 s. 5,

CRIMES ACT 1958

- SECT 464ZC
Analysis of material found at scene of offence etc.
S. 464ZC(1)
amended by No. 81/1997 s. 23 (ILA
s. 39B(1)).
(1) If material reasonably believed to be from the body of a person who

committed an indictable offence has been found—
(a) at the scene of the offence; or
(b) on the victim of the offence or on anything reasonably believed to

or
(c) on an object or person reasonably believed to have been associated

with the commission of the offence—
and there is sufficient material to be analysed both in the investigation

of the offence and on behalf of a person from whom a sample has been taken in
relation to that offence, a part of the material sufficient for analysis must,
on request, be delivered to that person.
S. 464ZC(2) inserted by No.

81/1997s. 23.
(2) If material, reasonably believed to be from the body of a victim of an

indictable offence which has not been found, has been found on a person
reasonably believed to have been associated with the commission of the offence,
and there is sufficient material to be analysed both in the investigation of the
offence and on behalf of a person from whom a sample has been taken in relation
to that offence, a part of the material sufficient for analysis must, on
request, be delivered to that person.

81/1997s. 23.
(3) If—
(a) a sample has been taken from a child in connection with an

investigation into an offence against a provision of Subdivision (8A), (8B) or
(8C) of Division 1 of Part I; and
(b) that child was conceived allegedly as a result of that

offence—
a person suspected of having committed that offence and from whom a sample
has been taken in relation to that offence may request a part of the child's
sample.

81/1997s. 23.
(4) A part of that child's sample requested by a person under subsection

(3) must be delivered to that person provided that there is sufficient material
to be analysed both in the investigation of the offence and on behalf of the
person suspected of having committed the offence.
S. 464ZD inserted by No. 84/1989 s. 5,

amended by No. 84/1989 ss 7(l)(m), 8(d), substituted by No. 129/1993
s. 7, amended by Nos
80/1998s. 3(a)(i)–(iii),
41/2004 s. 15, 27/2006 s. 7, 3/2019 s. 59 (ILA s.
39B(1)).
CRIMES ACT 1958

- SECT 464ZD
Forensic reports to be made available
(1) If a forensic procedure has been conducted

on a person in accordance with section 464R, 464SA, 464T(3), 464U(7), 464V(5),
464ZF(2) or (3) or 464ZFAAA(2) or sections 464ZGB to 464ZGD or
otherwise in accordance with this Subdivision, a copy of every forensic report
must be given or sent by registered post as soon as practicable to that person
(or, in the case of a forensic procedure conducted in accordance with section
464ZF or 464ZFAAA on a person who is a child within the meaning of that
section, to that child and a parent or guardian of that child) or his or her
legal practitioner.
S. 464ZD(2) inserted by No. 3/2019

s. 59.
(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—
(a) that person or the person's legal practitioner; and
(b) if that person is a child, also to the child's parent or

guardian.
S. 464ZD(3) inserted by No. 3/2019

s. 59.
(3) If a DNA profile sample has been taken from a person in

accordance with section 464ZFAB, a senior police officer authorisation or
an authorisation under section 464ZFAE, a copy of every forensic report must be
given or sent by registered post as soon as practicable to that person
or the person's legal practitioner.
S. 464ZE (Heading) inserted by No. 3/2019

s. 60(1).
S. 464ZE inserted by No. 84/1989 s. 5,
CRIMES ACT 1958

- SECT 464ZE
Evidence relating to forensic procedures or DNA profile samples[38]
S. 464ZE(1) amended by Nos

81/1997s. 24(1)(a), 16/2002
s. 9, 3/2019 s. 60(2)(a).
(1) Subject to subsection (4) and section 464ZGO, evidence obtained as a

result of a DNA profile sample taken from a person or a forensic procedure
conducted on a person, or from a sample voluntarily given by a person in
accordance with sections 464ZGB to 464ZGD, is inadmissible as part of the
prosecution case in proceedings against that person for any offence
if—
S. 464ZE(1)(a) amended by No.

81/1997s.
24(1)(b).
(a) the requirements of sections 464R to 464ZA, sections 464ZF to

464ZFB,
sections 464ZGB to 464ZGD or section 464ZGF (as the case may be) have not
been complied with; or
S. 464ZE (1)(ab) inserted by No.

80/1998s. 3(b), amended by No.
3/2019 s. 60(2)(b).
(ab) a copy of a forensic report relating to the taking of the sample

or
the procedure required by section 464ZD to be given or sent by registered post
to a person had not been given or sent to that person before the end of the
period of 7 days after its receipt by the prosecution; or
S. 464ZE(1)(b) amended by No. 3/2019

s. 60(2)(c).
(b) the taking of the sample or the procedure was not conducted in
accordance with the prescribed standards, if any; or
(c) any sample taken was not analysed—
(i) in accordance with the prescribed standards, if any; or
(ii) if the regulations so require, by an analyst authorised

under
section 464ZB; or
S. 464ZE(1)(d) amended by Nos

81/1997s. 24(1)(c), 27/2006 s. 8,
3/2019 s. 60(2)(d)(ii).
(d) any sample taken and any information which may identify the person
contained in—
S. 464ZE(1)(d)(i) amended by No. 3/2019

s. 60(2)(d)(i).
(i) any record of or report relating to the taking of the sample

or the
forensic procedure; or
(ii) any copy of such a record or report—
should have been but has not been destroyed as required by section 464ZF,
464ZFAAA, 464ZFAC, 464ZFC, 464ZG, 464ZGA or 464ZGE; or
(e) the evidence was obtained as a result of a procedure conducted in

accordance with an interim order which subsequently is not confirmed under
section 464V(7).
S. 464ZE(2) amended by Nos

81/1997s. 24(2)(a), 80/1998
s. 3(c), 3/2019 s. 60(2)(e).
(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—
S. 464ZE(2)(a) amended by No.

81/1997s.
24(2)(b).
(a) the prosecution satisfies the court on the balance of

probabilities
that the circumstances justify the reception of the evidence; or
(b) the accused consents to the reception of the evidence.
S. 464ZE(2A) inserted by No.

81/1997s. 24(3), amended by No.
80/1998s.
3(c).
(2A) In determining whether the circumstances justify the reception of

evidence otherwise inadmissible by reason of subsection (1)(a) or (1)(ab), the
court may have regard to the following—
(a) the probative value of the evidence, including whether equivalent

evidence or evidence of equivalent probative value could have been obtained by
other means;
S. 464ZE (2A)(b) amended by No.

80/1998s.
3(c).
(b) the reasons given for the failure to comply with a provision
referred
to in subsection (1)(a) or (1)(ab);
(c) the gravity of that failure and whether it deprived the person of
a
significant protection under this Subdivision;
(d) whether that failure was intentional or reckless;
(e) the nature of the requirement that was not complied with;
(f) the nature of the offence alleged against the person and the
subject-matter of the proceedings;
(g) whether the reception of the evidence would seriously undermine

the
protection given to persons under this Subdivision;
(h) any other matters the court considers relevant.
S. 464ZE(3) substituted by No.

81/1997s.
24(3).
(3) The probative value of the evidence does not by itself justify the
reception of the evidence.
S. 464ZE(4) amended by Nos 27/2006

s. 17(29), 3/2019 s. 60(2)(f).
(4) If the taking of a DNA profile sample or the conduct of a forensic

procedure is recorded by audiovisual recording, the recording is inadmissible as
evidence except—
S. 464ZE(4)(a) amended by No. 3/2019

s. 60(2)(g).
(a) to establish or rebut an allegation that unreasonable force was

used
to enable the sample to be taken or the procedure to be conducted; or
(b) to determine the admissibility of a confession or admission or

other
evidence adverse to the accused where the accused alleges that the evidence was
induced or obtained by the use of unreasonable force.
S. 464ZE(5) amended by No. 3/2019
s. 60(2)(h).
(5) If evidence obtained as a result of a DNA profile sample taken from a

person or a forensic procedure conducted on a person would be admissible in
proceedings against that person for an offence, that evidence is admissible in
proceedings against that person for a relevant offence within the meaning of
section 464ZG.
(6) Evidence obtained as a result of a physical examination conducted in

good faith on a person for the purposes of medical or dental treatment is
admissible in proceedings against that person for an offence.
S. 464ZF inserted by No. 84/1989 s. 5,

substituted by Nos 129/1993 s. 7,
81/1997s. 25.
CRIMES ACT 1958

- SECT 464ZF
Forensic procedure following the commission of forensic sample offence
S. 464ZF(1) def. of
child amended by No.
72/2004 s. 31(1).
"child" means a child aged 10 years or more but under 18

years;
S. 464ZF(1) def. of forensic sample

offence amended by No. 72/2013 s. 9(1).
"forensic sample offence" means any indictable offence or any

offence specified in Schedule 8.
S. 464ZF(2) amended by Nos 14/2006

s. 13(1)(a), 37/2014 s. 10(Sch. item 36.34).
(2) If at any time on or after the commencement of section 25 of the

Crimes (Amendment) Act 1997 a court finds a person guilty
of—
S. 464ZF(2)(a) amended by
No. 72/2013 s. 9(2).
(a) a forensic sample offence (within the meaning of that term as then
in
force); or
(b) an offence of conspiracy to commit, incitement to commit or

attempting
to commit a forensic sample offence—
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.
S. 464ZF(2AA) inserted by No. 35/2002

s. 28(Sch. item 3.3), amended by No. 14/2006
s. 13(1)(b).
(2AA) If the finding of guilt referred to in

subsection (2)—
(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
(b) is in respect of an offence referred to in item 29, 30 or 31 of

Schedule 8—
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(2A) inserted by No. 16/2002

s. 10.
(2A) An order under subsection (2) in respect of a person who is not a

detained or protected person must include a direction that the person
attend—
(a) at a place; and
(b) within a period, commencing after the expiry of the period

referred to
in subsection (6) during which the order must not be executed—
specified in the order to undergo the forensic procedure.
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).
(a) at any time before the commencement of section 25 of the Crimes

(Amendment) Act 1997, a person has been found guilty by a court
of a forensic sample offence (within the meaning of that term as then in force);
and
S. 464ZF(3)(b) amended by Nos 48/2006

s. 42(Sch. item 9.3), 26/2014 s. 455(Sch. item
7.4).
(b) at any time on or after that commencement, that person is serving

a
term of imprisonment or a period of detention in a prison, police gaol or youth
justice centre or as a security patient in a designated mental health service
for any offence, whether or not a forensic sample offence—
a police officer may apply to the Magistrates' Court or the Children's

Court (as the case may be) 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. 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.
S. 464ZF(5) substituted by No. 41/2004

s. 16, amended by No. 72/2004 s. 31(2).
(5) If, on or after the commencement of the Crimes (Amendment) Act

2004, an application under subsection (2) or (3) is made in respect of a
person aged 18 years or more—
(a) the application may be made without notice to any person;

and
(b) the person is not a party to the application; and
(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).
S. 464ZF(5A) inserted by No. 41/2004

s. 16.
(5A) If, on or after the commencement of the Crimes (Amendment) Act
2004, an application under subsection (2) or (3) is made in respect of a
child—
(a) notice of the application must be served on the child and a parent
or
guardian of the child; and
(b) the child is not a party to the application; 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).
S. 464ZF(5B) inserted by No. 41/2004

s. 16.
(5B) In exercising the right of address under subsection (5A)(d), a child

may be represented by a legal practitioner, or, with the leave of the court, a
parent or guardian of the child.
S. 464ZF(6) amended by No. 14/2006

s. 13(1)(c)(i)(ii).
(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—
(a) that appeal period expires; or
S. 464ZF(6)(b) amended by
No. 14/2006 s. 13(1)(c)(ii).
(b) an appeal against conviction (if any) is finally determined and

the
conviction for the forensic sample offence is upheld—
whichever is the later.
S. 464ZF(6A) inserted by
No. 14/2006 s. 13(2).
(6A) If leave to appeal against a conviction for a forensic sample offence

is sought after the expiry of the appeal period in relation to the conviction,
an order made by a court under subsection (2) before leave to appeal is sought,
if not executed before that leave is sought, must not be executed
unless—
(a) leave to appeal against the conviction is refused; or

(b) leave to appeal against the conviction is granted and the appeal
is
finally determined and the conviction for the forensic sample offence is
upheld.
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)
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)
(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.
S. 464ZF(7) amended by No. 68/2009

s. 97(Sch. item 40.36).
(7) If on appeal a conviction for the forensic sample offence is set

aside, an order made by a court under subsection (2) or (3) ceases to have
effect.
(8) A court hearing an application under subsection (2) or

(3)—
(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
(b) must be satisfied that, in all the circumstances, the making of

the
order is justified; and
S. 464ZF(8)(c) amended by No. 6/2018

s. 68(Sch. 2 item 35.11).
(c) may make such inquiries on oath or by affirmation or otherwise as

it
considers desirable.
(9) If a court makes an order under subsection (2) or (3), it

must—
(a) give reasons for its decision and cause a copy of the order and
reasons to be served—
(i) if the order directs a person (other than a child) to

undergo the
forensic procedure, on the person; or
(ii) if the order directs a child to undergo the forensic

procedure, on
the child and a parent or guardian of the child; and
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
conducted.
(10) A failure of a court to comply with subsection (9) does not

S. 464ZF(11) repealed by No.

80/1998s.
3(d).
* * * * *
S. 464ZFAAA inserted by
No. 27/2006 s. 9.
CRIMES ACT 1958

- SECT 464ZFAAA
Forensic procedure following finding of not guilty because of mental impairment
"child" means a child aged 10 years or more but under 18

years;
S. 464ZFAAA(1)
def. of forensic sample offence amended by Nos 68/2009 s. 97(Sch.
item 40.37), 72/2013 s. 10(1).
"forensic sample offence" means any indictable offence or any

offence specified in Schedule 8, other than an offence heard and determined
summarily.
S. 464ZFAAA(2)
36.34).
(2) If a court finds a person not guilty because of mental impairment

of—
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
(b) an offence of conspiracy to commit, incitement to commit or

attempting
to commit a forensic sample offence—
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)
36.34).
(3) In an application under subsection (2), the police officer must

specify the type of sample (whether intimate or non-intimate) sought to be taken
in the forensic procedure.
(4) Notice of an application under subsection (2)—
(a) must be served on the person in respect of whom the order is

sought
and, if the person is a child, on a parent or guardian of the child;
and
(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.
(5) In determining whether to make an order under subsection (2), a

court—
forensic sample offence of which the person has been found not guilty because of

the
S. 464ZFAAA(5)(c)
amended by No. 6/2018 s. 68(Sch. 2 item 35.11).

it
(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.
(7) A person in respect of whom an application under subsection (2) is

made—
(c) may not address the court other than in response to inquiries made
by
the court under subsection (5)(c).

person may be represented by a legal practitioner.
(9) An order under subsection (2) in respect of a person who is not a

forensic patient or a forensic resident within the meaning of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 must include a
direction that the person attend—
(a) at a place; and
(b) within a period (commencing after the expiry of the period

referred to
in subsection (12) during which the order must not be executed)—
specified in the order to undergo the forensic procedure.
(10) If a court makes an order under subsection (2), it

must—
(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)
36.34).
(b) inform the person ordered to undergo the forensic procedure that a
conducted.
(11) A failure of a court to comply with subsection (10) does not

(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—
(a) that appeal period expires; or
(b) the appeal against the verdict is dismissed—
whichever is the later.
(13) If leave to appeal against a verdict of not guilty because of mental

impairment in respect of a forensic sample offence is sought after the expiry of
the appeal period in relation to the verdict, an order made by a court under
subsection (2) before leave to appeal is sought, if not executed before that
leave is sought, must not be executed unless—
(a) leave to appeal against the verdict is refused; or
(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)
36.34).
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.
(15) If on appeal a verdict of not guilty because of mental impairment is

set aside, an order made by a court under subsection (2) ceases to have
effect.
S. 464ZFAA inserted by No. 16/2002

s. 11.
CRIMES ACT 1958
- SECT 464ZFAA
Notice to attend for forensic procedure
S. 464ZFAA(1)
36.35(a)).
(1) If a senior police officer is satisfied that—
(a) an order under section 464ZF(2) in respect of a person was

made—
(i) before the commencement of section 11 of the Crimes (DNA

Database)
Act 2002; or
(ii) when the person was a detained or protected person and

within the
period of 6 months immediately preceding the serving of the notice the person
ceased to be a detained or protected person; and
(b) the order has not been executed; and
(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).
(2) A notice must direct the person to attend at a police station

specified in the notice within 28 days after service of the notice to
undergo the forensic procedure ordered by the court and must
state—
(a) the date on which the order under section 464ZF(2) was
made;
(b) the court which made the order;
(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)
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.
(4) A notice may be served on a person by—
(a) delivering a true copy of the notice to the person personally;

or
(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.
(5) If a notice is served by post in accordance with subsection (4)(c),

evidence of service must state the manner of ascertainment of the address to
which the notice was posted and the time and place of posting.
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).
S. 464ZFAA(7) amended by No. 6/2018

s. 68(Sch. 2 item 35.10).
(7) If a magistrate or a registrar to whom such an application is made is

satisfied by evidence on oath or by affirmation or affidavit
that—
(a) a notice was served on a person in accordance with this section;

and
(b) the person has not undergone the forensic procedure—
the magistrate or registrar may issue a warrant authorising the person to

whom it is directed, if necessary—
(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 (Heading) amended by No.

3/2019 s. 61(1).
S. 464ZFAB inserted by
No. 25/2017 s. 52.
CRIMES ACT 1958

- SECT 464ZFAB
DNA profile sample from registrable offenders under the Sex Offenders Registration
Act 2004
"registrable offender" has the same meaning as in

section 3 of the Sex Offenders Registration Act 2004.
S. 464ZFAB(2) amended by No. 3/2019

s. 61(2)(a).
(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—
(a) the person is a registrable offender; and
S. 464ZFAB(2)(b) amended by No. 3/2019

s. 61(2)(b).
(b) the Chief Commissioner of Police does not have a sample from the
person that may be retained indefinitely.

s. 61(3).
(3) A senior police officer may serve, or may cause to be served, a

notice on a person referred to in subsection (2) directing the person to
attend at a police station specified in the notice to have the DNA profile
sample taken within 28 days after service of the notice.
(4) A notice under subsection (3) must—
(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
(d) contain the prescribed information, if any.
(5) A notice under subsection (3) must be served by delivering a true

copy of the notice to the person personally.
(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.

s. 61(4).
(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.
S. 464ZFAC inserted by No. 3/2019

s. 62.
CRIMES ACT 1958

- SECT 464ZFAC
Senior police officer authorisation—to take DNA profile sample from certain
adults
"DNA offence" means—
(a) an indictable offence or an offence specified in Schedule 8;

or
(b) any offence of conspiracy to commit, incitement to commit

or attempting to commit an indictable offence or an offence specified in
Schedule 8.
(2) A senior police officer may authorise the taking of a DNA profile
sample from a person if—
(a) the person—
(i) is found guilty of a DNA offence; or
(ii) is found not guilty of a DNA offence, other than an offence

heard and
determined summarily, because of mental impairment under the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997; and
(b) it is not more than 6 months after—
(i) the final determination of an appeal against the conviction

or the
verdict of not guilty because of mental impairment (as the case requires);
or
(ii) the expiration of any appeal period; and
(c) the person is not under the age of 18 years at the

time—
(i) the finding of guilt for the DNA offence is made; or
(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.
(3) An authorisation given for a sample to be taken from a person

referred to in subsection (2)(a)(i) before the appeal period in relation to a
conviction for the DNA offence has expired or an appeal against
the conviction (if any) has been finally determined (whichever is the
later), must not be carried out unless—
(a) the appeal period expires; or
(b) an appeal against conviction (if any) is finally determined and

the
conviction for the DNA offence is upheld.
(4) An authorisation given for a sample to be taken from a person

referred to in subsection (2)(a)(ii) 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 carried out unless—
(a) the appeal period expires; or
(b) an appeal against the verdict is dismissed.
(5) If leave to appeal against a verdict of not guilty because of mental

impairment in respect of a DNA offence is sought after the expiry of the
appeal period in relation to the verdict, an authorisation for a sample to
be taken from a person referred to in subsection (2)(a)(ii) before leave to
appeal is sought, if not carried out before that leave is sought, must not be
carried out unless—
(a) leave to appeal against the verdict is refused; or
(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—
(a) leave to appeal against the conviction is refused; or
(b) leave to appeal against the conviction is granted and the appeal
is
finally determined and the conviction for the DNA offence is upheld.
(7) If an authorisation for a sample to be taken from a person referred to

in subsection (2)(a) has been carried out after the expiry of the appeal period
in relation to the conviction for the DNA offence or the verdict of not
guilty for the DNA offence because of mental impairment and leave to appeal
against the conviction or the verdict (as the case requires) is granted after
the expiry of that period—
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.
(8) If on appeal a conviction for the DNA offence or the verdict of

not guilty for the DNA offence because of mental impairment (as the case
requires) is set aside, an authorisation for a sample to be taken from a
person in respect of the DNA offence ceases to have effect.
(9) An authorisation given under this section must be in writing signed by

the senior police officer giving it.
S. 464ZFAD inserted by No. 3/2019

s. 62.
CRIMES ACT 1958

- SECT 464ZFAD
Notice to attend—to take DNA profile sample from certain adults
"relevant person" means a person other than a person who is a

detained or protected person.
(2) If a senior police officer authorisation for a DNA profile sample

to be taken from a relevant person is given, a notice to attend must be attached
to the authorisation and served on the person, that requires the person to
attend a police station specified in the notice to have the DNA profile sample
taken, within 28 days after the expiry of the period referred to in section
464ZFAC(3) or (4) (as the case requires) or the date of service of the
notice (whichever is the later).
(3) A notice under subsection (2) must state—
(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.
(4) A notice under subsection (2) must be served in accordance with

section 464ZFAA(4) and (5).
(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).
(7) On an application referred to in subsection (6) being made a

magistrate or a registrar may, if satisfied by evidence on oath or
by affidavit that the notice was not served on the relevant
person, issue a warrant authorising the person to whom it is directed, if
necessary—
(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
(b) to arrest the relevant person; and

(c) to detain the relevant person for as long as reasonably permits
for the DNA profile sample to be taken.
(8) A magistrate or a registrar must not issue a warrant under

subsection (7) unless satisfied by evidence on oath or by affidavit
that—
(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).
S. 464ZFAE inserted by No. 3/2019

s. 62.
CRIMES ACT 1958

- SECT 464ZFAE
Senior police officer may authorise taking a DNA profile sample from certain adults
and children who have previously provided a sample
(1) A senior police officer, on request from a

police officer, may authorise the taking of a DNA profile sample from a
person if the senior police officer is satisfied that—
(a) a sample for the purpose of deriving a DNA profile was previously
taken from the person—
(i) in accordance with an order made by a court under section

464T,
464U, 464V, 464ZF or 464ZFAAA; or
(ii) in accordance with section 464SC, an authorisation given

under
section 464SE, a direction given under section 464ZFAB or a senior police
officer authorisation; and
(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.
(3) A notice under subsection (2) must state—
(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
(e) that a DNA profile was not able to be derived by a forensic

scientist
from the sample given by the person—
(i) in accordance with an order made by a court under section

464T,
464U, 464V, 464ZF or 464ZFAAA; or
(ii) in accordance with section 464SC, an authorisation given

under
section 464SE, a direction given under section 464ZFAB or a senior police
officer authorisation; 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.
S. 464ZFA (Heading) inserted by No. 27/2006

s. 10(1).
S. 464ZFA inserted by No.

81/1997s. 25.
CRIMES ACT 1958

- SECT 464ZFA
Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
S. 464ZFA(1)
substituted by No. 27/2006 s. 10(2), amended by No. 48/2006
s. 42(Sch. item 9.3).
(1) If—
S. 464ZFA(1)(a)
7.5).
(a) before a court makes an order under section 464ZF(3) directing a

person to undergo a forensic procedure, that person has been released from the
prison, police gaol, youth justice centre or designated mental health service
where he or she was serving a term of imprisonment or a period of detention at
the time the application for the order was made; or
(b) a person fails to attend the hearing of an application under

section
464ZFAAA(2) for an order directing the person to undergo a forensic
procedure—
the court may issue a warrant authorising the person to whom it is

directed, if necessary—
(e) to bring the person before the court for the hearing of the
application; and
(f) if that application is granted, to detain the person for as long

as
reasonably permits the conduct of the forensic procedure.
S. 464ZFA(1A) inserted by No. 16/2002

s. 12(1), amended by Nos 27/2006 s. 10(3), 20/2011 s. 5(1),
37/2014 s. 10(Sch. item 36.36(a)).
(1A) If a court makes an order under section 464ZF(2) or 464ZFAAA(2)

directing a person to undergo a forensic procedure and the person does not
comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as
the case may be, a police officer may apply to a magistrate or a registrar of
the Magistrates' Court for a warrant under subsection (1B).
S. 464ZFA(1B) inserted by No. 16/2002
s. 12(1), amended by Nos 27/2006 s. 10(4), 6/2018 s. 68(Sch. 2
item 35.10).
(1B) If a magistrate or a registrar to whom such an application is made is

satisfied by evidence on oath or by affirmation or affidavit that the person has
not complied with a direction referred to in section 464ZF(2A) or
464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the
person to whom it is directed, if necessary—
(a) to break, enter and search by day or by night any place where the
(b) to arrest the person; and
(c) to detain the person for as long as reasonably permits the conduct
of
the forensic procedure.
S. 464ZFA(2) amended by No. 16/2002

s. 12(2)(a).
(2) A warrant issued under subsection (1) or (1B) may be directed

to—
S. 464ZFA(2)(a)
amended by No. 37/2014 s. 10(Sch. item 36.36
(b)(i)).
(a) a named police officer; or
S. 464ZFA(2)(b)
36.36(b)(ii)).
(b) generally all police officers.
S. 464FA(3) amended by Nos 16/2002

s. 12(2)(b), 37/2014 s. 10(Sch. item 36.36(c)).
(3) A warrant issued under subsection (1) or (1B) directed to a named

police officer may be executed by any police officer.
s. 12(2)(c)(i).
(4) If a court issues a warrant under subsection (1) or a magistrate or

registrar issues a warrant under subsection (1B), the court, magistrate or
registrar must—
S. 464ZFA(4)(a)
amended by No. 16/2002 s. 12(2)(c)(ii).
(a) give reasons for the decision; and

court.

s. 12(2)(d)(i)(ii).
(5) A failure of a court, magistrate or registrar to comply with

subsection (4) does not invalidate any order made by the court, magistrate or
registrar but constitutes non-compliance for the purposes of section
464ZE(1)(a).

s. 12(2)(e).
(6) If a person is arrested under a warrant issued under subsection (1)

or (1B), the warrant ceases to have effect immediately after the procedure
is completed or on the expiration of a reasonable time (whichever is the
earlier).
S. 464ZFA(7) inserted by No. 16/2002

36.36(d)(i)).
(7) A police officer who executes a warrant issued under subsection (1B)
must, as soon as practicable after executing the warrant—
(a) endorse the warrant to that effect; and
S. 464ZFA(7)(b)
36.36(d)(ii)).
(b) cause to be lodged with a registrar of the Magistrates' Court a

report
signed by the police officer and containing particulars of—
(i) the date and time at which the person was arrested;
(ii) the date and time at which the person was released from
custody;
(iii) the date, time and place at which the forensic procedure
was
conducted;
(iv) the name and position of the person who conducted the
forensic
procedure and every other person present;
(v) the type of sample taken;
(vi) whether reasonable force was used to enable the forensic

procedure to
be conducted.
S. 464ZFB (Heading) inserted by No. 27/2006

s. 11(1).
S. 464ZFB inserted by No.

81/1997s. 26.
CRIMES ACT 1958

- SECT 464ZFB
Retention of information following finding of guilt etc.
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).
(a) a DNA profile sample is taken or a forensic procedure is conducted

on
a person of or above the age of 18 years in accordance with section 464R,
464SA, 464SC, 464SE, 464T(3) or 464V(5); and
(b) a court finds the person guilty, or not guilty because of mental
impairment, of—
S. 464ZFB (1AA)(b)(i) amended by No. 3/2019

s. 63(2)(a).
(i) the indictable offence in respect of which the DNA profile

sample was
taken or the forensic procedure was conducted; or
(ii) any other indictable offence arising out of the same

circumstances;
or
S. 464ZFB (1AA)(b)(iii) amended by No.

3/2019 s. 63(2)(b).
(iii) any other indictable offence in respect of which evidence

obtained
as a result of the DNA profile sample or the forensic procedure had probative
value—
the sample taken and any related material and information may be retained
indefinitely.
S. 464ZFB(1AB)
inserted by No. 72/2013 s. 11(1).
(1AB) Subsection (1AA) does not apply if—
(a) on appeal against conviction, the finding of guilt or conviction

referred to in subsection (1AA) is set aside; or
(b) on appeal against the verdict of not guilty because of mental

impairment, the verdict referred to in subsection (1AA) is set aside.
S. 464ZFB(1) amended by Nos 16/2002

s. 13(1)(a)(b), 14/2006 s. 14(a), 72/2013 s. 11(2)(c), 37/2014
s. 10(Sch. item 36.37).
(1) If at any time on or after the commencement of section 26 of the

Crimes (Amendment) Act 1997—
S. 464ZFB (1)(a) amended by No. 41/2004
s. 17, substituted by No. 72/2013 s. 11(2)(a), amended by
No. 3/2019 s. 63(3)(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(1)(b)
amended by No. 72/2013 s. 11(2)(b).
(b) a court finds the child guilty of—
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
(ii) any other offence arising out of the same circumstances; or
S. 464ZFB(1)(b)(iii)
amended by No. 3/2019 s. 63(3)(c).
(iii) any other offence in respect of which evidence obtained as

a result
of the DNA profile sample or forensic procedure had probative
value—
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.
S. 464ZFB(1A) inserted by No. 27/2006

36.37).
(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
(ii) any other offence arising out of the same circumstances; or
S. 464ZFB(1A)(b)(iii)
amended by No. 3/2019 s. 63(4)(c).
(iii) any other offence in respect of which evidence obtained as

a result
of the DNA profile sample or forensic procedure had probative
value—
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
40.38).
(1B) Subsection (1A) does not apply to an offence heard and determined
summarily.
S. 464ZFB(2) amended by No. 27/2006

s. 11(3)(a).
(2) A court hearing an application under subsection (1) or

(1A)—
S. 464ZFB (2)(a) amended by No. 27/2006

s. 11(3)(b).
offence in determining whether to make the order under subsection (1) or
(1A), as the case requires; and

the
S. 464ZFB(2)(c)
amended by No. 6/2018 s. 68(Sch. 2 item 35.11).

it
S. 464ZFB(2A) inserted by No. 16/2002

s. 13(2), amended by No. 14/2006 s. 14(b)(i)(ii).
(2A) An order made under subsection (1) before the expiry of the appeal
period in respect of the conviction for the offence or the final determination
of an appeal against conviction (whichever is the later)—
(a) takes effect on that expiry or final determination; and
S. 464ZFB (2A)(b) amended by Nos 14/2006

s. 14(b)(ii), 68/2009 s. 97(Sch. item 40.39) (as amended by
No. 29/2011 s. 3(Sch. 1 item 25.1)).
(b) has no effect if, on appeal against conviction, the finding of

guilt
or conviction is set aside.
S. 464ZFB(2B) inserted by No. 27/2006
s. 11(4).
(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)—
(a) takes effect on that expiry or final determination; and
(b) has no effect if, on appeal, the verdict of not guilty because of
mental impairment is set aside.
S. 464ZFB(3) amended by No. 27/2006

s. 11(5).
(3) If a court makes an order under subsection (1) or (1A), it must

give reasons for its decision and cause a copy of the order and reasons to be
served on the person on whom the forensic procedure was conducted.
464ZE(1)(a).
S. 464ZFC (Heading) inserted by No. 27/2006

s. 12(1).
S. 464ZFC inserted by No.

81/1997s. 26.
CRIMES ACT 1958

- SECT 464ZFC
Destruction of information following finding of guilt etc.
(1) Subject to section 464ZFD(2),

if—
S. 464ZFC(1)(aa)
inserted by No. 72/2013 s. 12(a).
(aa) a finding of guilt, a conviction or a verdict of not guilty

because
of mental impairment referred to in section 464ZFB(1AA) is set aside on appeal;
or
S. 464ZFC(1)(ab)
(ab) the finding of guilt of a registrable offender within the meaning

of
section 3(1) of the Sex Offenders Registration Act 2004 is
quashed or set aside on appeal and, but for that offence, the person would not
be a registrable offender; or
S. 464ZFC (1)(a) amended by Nos 27/2006

s. 12(2), 37/2014 s. 10(Sch. item 36.37).
(a) a police officer does not make an application under section

464ZFB(1)
or (1A) within the period specified by that subsection; or
S. 464ZFC(1)(b)
amended by No. 72/2013 s. 12(b).
(b) a court refuses to make an order under section 464ZFB(1)

or (1A)—
the Chief Commissioner of Police must without delay destroy, or cause to be

destroyed, any sample taken and any related material and information.
(2) If a sample or related material and information is required to be

destroyed in accordance with this section, the Chief Commissioner of Police
must, if the person on whom the procedure was conducted so requests, within 14
days after receiving the request, notify in writing that person of whether the
destruction has occurred.
(3) A person who knowingly—
(b) uses, or causes or permits to be used—
a sample or related material and information required by this section to be

destroyed is guilty of a summary offence punishable on conviction by level 8
imprisonment (1 year maximum) or a level 8 fine (120 penalty units
maximum).
(4) A person who at any time uses, or causes or permits to be used, or

otherwise disseminates information derived from, any sample or related material
and information required by this section to be destroyed except in good faith
for the purposes of section 464ZFD(2) is guilty of a summary offence punishable
on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine
S. 464ZFD (Heading) substituted by No.
32/2007 s. 5(1).
S. 464ZFD inserted by No.

81/1997s. 26.
CRIMES ACT 1958

- SECT 464ZFD
Victorian DNA database
S. 464ZFD (1AA)
(1AA) The Chief Commissioner of Police may keep a DNA database

system.
S. 464ZFD(1) amended by Nos 27/2006

s. 13, 32/2007 s. 5(3), 25/2017 s. 55, 3/2019
s. 64(1).
(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).
S. 464ZFD(2) amended by Nos 16/2002

s. 14, 32/2007 s. 5(4), 3/2019 s. 64(2).
(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.
S. 464ZFE inserted by No.

81/1997s. 26.
CRIMES ACT 1958

- SECT 464ZFE
Report to Attorney-General
The Chief Commissioner of Police, on or as soon

as practicable after 1 January, 1 April, 1 July and 1 October of each year,
must submit to the Attorney-General a report that contains—
(a) a list that identifies by a unique identifying number every sample

taken in accordance with this Subdivision within the period to which the report
relates; and
(b) the date on which every sample listed in the report was taken;
and
S. 464ZFE(c) amended by No. 3/2019

s. 65(a).
(c) information on whether any of the samples listed in the report or

in
any previous report submitted under this section have been destroyed within the
period to which the report relates and the reason for the destruction of
the sample; and
S. 464ZFE(d) amended by No. 41/2004

s. 18(a), substituted by No. 3/2019 s. 65(b).
(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
S. 464ZFE(da) inserted by No. 3/2019

s. 65(b).
(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
S. 464ZFE(db) inserted by No. 3/2019

s. 65(b).
(db) information on forensic material taken from suspects in

accordance
with section 464R, 464T or 464U that has been retained for 12 months or
more including the status of any investigation of the suspect from whom the
forensic material was taken; and
S. 464ZFE(e) inserted by No. 41/2004

s. 18(b), amended by No. 3/2019 s. 65(c).
(e) the number of authorisations given under sections 464SA and 464SE
within the period to which the report relates; and
S. 464ZFE(f) inserted by No. 41/2004

s. 18(b), amended by No. 3/2019 s. 65(d).
(f) the number of authorisations refused to be given under sections
464SA
and 464SE within the period to which the report relates.
S. 464ZG inserted by No. 84/1989 s. 5,

CRIMES ACT 1958

- SECT 464ZG
Destruction of identifying information
(1) In this section, relevant

offence means—
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.
(b) any other indictable offence arising out of the same

circumstances;
or
S. 464ZG(1)(c) amended by
Nos 72/2013 s. 13, 3/2019 s. 66(b).
(c) any other indictable offence in respect of which the evidence

obtained
as a result of the DNA profile sample or the forensic procedure has probative
value.
S. 464ZG(2) repealed by No.

81/1997s.
27(1).
* * * * *
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—
S. 464ZG(3)(a) amended by Nos

81/1997s. 27(2)(b), 3/2019
s. 66(d).
(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
S. 464ZG(3)(b) amended by No. 27/2006

s. 14.
(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—
the Chief Commissioner of Police, subject to subsection (5), must destroy,

or cause to be destroyed, at the time specified in subsection (4) any sample
taken and any related material and information.
S. 464ZG(4) amended by No.

81/1997s.
27(3)(a).
(4) A sample and any related material and information referred to in

subsection (3) must be destroyed—
S. 464ZG(4)(a) amended by No.

81/1997s.
27(3)(b).
(a) in a case to which subsection (3)(a) applies, immediately after

that
period of 12 months; or
(b) in a case to which subsection (3)(b) applies—
(i) within 1 month after the conclusion of the proceedings and

the end of
any appeal period; or
(ii) if the proceedings have been adjourned under section 75 of

the
Sentencing Act 1991, within 1 month of dismissal under that
section.
S. 464ZG(5) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(5) A police officer may, before the end of a period referred to in

subsection (4), apply, without notice to any other person, to the Magistrates'
Court or the Children's Court (as the case requires) for an order extending that
period and, if the court makes such an order, the reference to the period in
subsection (4) is a reference to that period as so extended.
S. 464ZG(6) amended by No. 3/2019

s. 66(e).
(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.
S. 464ZG(7) substituted by No.

81/1997s.
27(4).
(7) If a sample or related material and information is required to be

destroyed in accordance with this section, the Chief Commissioner of Police
must, if the person on whom the procedure was conducted so requests, within 14
days after receiving the request, notify in writing that person of whether the
destruction has occurred.
S. 464ZG(8) amended by Nos 69/1997

s. 22(15),
81/1997s.
27(5)(a)(c).
S. 464ZG(8)(b) amended by No.

81/1997s.
27(5)(b).

maximum).
S. 464ZG(9) amended by Nos 69/1997
s. 22(15),
81/1997s.
27(6)(a)–(c).

otherwise disseminates information derived from, any sample or related material
for the purposes of a relevant offence or for the purposes of section 464ZFD(2)
is guilty of a summary offence punishable on conviction by level 8 imprisonment
(1 year maximum) or a level 8 fine (120 penalty units maximum).
S. 464ZGA inserted by No.

81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGA
Forensic information from juveniles
(1) Subject to section 464ZFD(2),

if—
S. 464ZGA(1)(a) amended by No. 3/2019

s. 67(1).
(a) a person has a DNA profile sample taken or undergoes a forensic

procedure as a child in accordance with this Subdivision, whether before or
after the commencement of section 28 of the Crimes (Amendment)
Act 1997; and
(b) any sample taken is not required to be destroyed under this

Subdivision, other than under this subsection; and
(c) the person is not found guilty of any further offence before
attaining
the age of 26 years—
the Chief Commissioner of Police must without delay destroy, or cause to be

destroyed, any sample taken and any related material and information.
S. 464ZGA(2) amended by Nos 77/2005

s. 8(3)(d), 7/2008 s. 7(3)(f), 63/2014 s. 3(5), substituted by
No. 5/2018 s. 9.
(2) Subsection (1) does not apply if—
(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
(ii) an offence arising out of the same circumstances as the

offence
referred to in subparagraph (i); or
S. 464ZGA (2)(a)(iii) amended by

No. 3/2019 s. 67(2)(b).
(iii) an offence in respect of which evidence obtained as a

result of the
DNA profile sample or the forensic procedure had probative value; and
(b) the offence of which the person is found guilty is—
(i) an offence against this Act; or
(ii) an offence at common law the maximum penalty for which is

specified
by this Act; and
(c) the offence of which the person is found guilty is punishable by

level
4 imprisonment (15 years maximum) or more (however the penalty is
described); and
(d) the sample—
(i) was taken in accordance with an order under section

464ZF(2);
or
(ii) is the subject of an order under section 464ZFB(1).
S. 464ZGB inserted by No.

81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGB
Samples given voluntarily
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—
(a) that any sample that is given will be analysed;
S. 464ZGB(3)(b)
(b) that information obtained from the analysis will be placed on a

DNA
database and may be used for the purpose of a criminal investigation or any
other purpose for which the DNA database may be used under this Subdivision or
under a corresponding law of a participating jurisdiction;
S. 464ZGB(3)(ba)
(ba) that the person may choose whether the information obtained from
analysis of the sample may be used—
(i) only for a limited purpose to be specified by the volunteer;

or
(ii) for the purpose of a criminal investigation or any other

purpose for
which the DNA database may be used under this Subdivision or under a
corresponding law of a participating jurisdiction;
S. 464ZGB(3)(bb)
(bb) that information obtained from the analysis could produce

evidence to
be used in a court;
(c) that the person is under no obligation to give a sample;
(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)
(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)
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)
(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—
(i) in writing signed by both the person and the independent

person
witnessing the giving of the consent; and
S.
464ZGB(4)(a)(ii) substituted by
No. 27/2006 s. 17(30)(a).
(ii) by audiovisual recording, if practicable, or otherwise by

audio
recording; and
(b) give or send by registered post to the person or his or her legal
S.
464ZGB(4)(b)(i) amended by
No. 27/2006 s. 17(30)(b).
(i) a copy of the audiovisual recording or audio recording as

soon as
practicable, but not more than 7 days after the information is given;
and
(ii) a copy of the written record, signed by both the person and
the
independent person, forthwith.
S. 464ZGC inserted by No.

81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGC
Withdrawal of consent prior to giving sample
S. 464ZGC(1)
36.37).
(1) A person, at any time prior to giving a sample, may withdraw the
consent that was given by him or her in accordance with section 464ZGB
either—
(a) orally; or
(b) in writing—
to a police officer or to the person authorised to take the

sample.
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 inserted by No.

81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGD
Procedure to take sample
(1) The procedure to be conducted to take a

sample from a person following the giving of consent in accordance with section
464ZGB must—
(a) be in accordance with the procedure set out in section 464Z;

and
S.
464ZGD(1)(b) amended by No.
27/2006 s. 17(31)(a).
(b) be recorded by audiovisual recording, if practicable, and if the
person consents.
S. 464ZGD(2) amended by Nos 27/2006

s. 17(31)(b), 37/2014 s. 10(Sch. item 36.37).
(2) If the taking of a sample voluntarily given by a person is recorded by

audiovisual recording, a police officer must—
(a) without charge; and
(b) as soon as practicable but not more than 7 days after the sample
was taken—
give or send by registered post a copy of the audiovisual recording to the

person who voluntarily gave the sample.
S. 464ZGE inserted by No.

81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGE
Safeguards after giving sample
(1) If a person has given his or her consent in

accordance with section 464ZGB, and a sample has been taken, that person may at
any time after the sample has been taken, by notice in writing to the Chief
Commissioner of Police, withdraw his or her consent to the retention of that
sample.
(2) Subject to subsection (5) and section 464ZFD(2), if a person has

voluntarily given a sample in accordance with sections 464ZGB to 464ZGD and
either—
(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—
the Chief Commissioner of Police, at the time specified in subsection (3),

must destroy, or cause to be destroyed, any sample given and any related
material and information.
(3) A sample and any related material and information referred to in

subsection (2) must be destroyed—
(a) within 28 days after the receipt of the person's notice of

withdrawal
of consent under subsection (1); or
(b) in a case to which subsection (2)(b)(i) applies, immediately after

that period of 12 months; or
(c) in a case to which subsection (2)(b)(ii) applies—
(i) within 1 month after the conclusion of the proceedings and

the end of
any appeal period; or
(ii) if the proceedings have been adjourned under section 75 of

the
Sentencing Act 1991, within 1 month after dismissal under that
section.
(4) The Chief Commissioner of Police is not required to comply with the
requirements in subsections (2) and (3) to destroy or cause to be destroyed a
sample and any related material and information by reason of the person's
withdrawal of consent if the Magistrates' Court makes an order under section
464ZGF for the retention of that sample and any related material and
information.
(5) If the Magistrates' Court refuses to make an order under section

464ZGF for the retention of a sample and any related material and information,
and a person in accordance with subsection (1) has withdrawn his or her consent
to the retention of that sample, the Chief Commissioner of Police must
immediately destroy, or cause to be immediately destroyed, the sample given and
any related material and information.
S. 464ZGE(6) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(6) A police officer may, before the end of a period referred to in

subsection (3)(b) or (3)(c), apply, without notice to any other person, to
the Magistrates' Court for an order extending that period and, if the court
makes such an order, the reference to the period in subsection (3)(b)
or (3)(c) is a reference to that period as so extended.
(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
(8) If a sample or related material and information is destroyed in

accordance with this section, the Chief Commissioner of Police must, within
14 days, give notice of the destruction to the person who voluntarily gave
the sample.

maximum).

otherwise disseminates information derived from any sample or related material
for the purposes of section 464ZFD(2) is guilty of a summary offence punishable
on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine
S. 464ZGE(11) amended by
No. 37/2014 s. 10(Sch. item 36.37).
(11) This section does not prevent a police officer, in respect of a

person who has voluntarily given a sample under sections 464ZGB to
464ZGD—
(a) requesting, under section 464R, the person to undergo a forensic

procedure; or
S. 464ZGE (11)(ab) inserted by No.

3/2019s. 68.
(ab) requesting, under section 464SC, the person to give a DNA profile
sample; or
S. 464ZGE (11)(ac) inserted by No.

3/2019s. 68.
(ac) making an authorisation under section 464SE for the taking of a

DNA
profile sample from the person; or
(b) making an application under section 464T or 464V for a court

order directing the person to undergo a compulsory procedure.
S. 464ZGE(12) repealed by No.

80/1998s.
3(e).
* * * * *
S. 464ZGF inserted by No.
81/1997s. 28.
CRIMES ACT 1958

- SECT 464ZGF
Application to court where consent to retention of sample withdrawn
S. 464ZGF(1)
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—

who
committed the indictable offence has been found—

or

S. 464ZGF(1)(a)(ii)
36.37).
(ii) if the offence is an offence against a provision of

Subdivision (8A),
(8B) or (8C) of Division 1 of Part I, and a police officer reasonably
believes that a child has been conceived as a result of the commission of the
offence and a sample has been taken from that child; and
S. 464ZGF(1)(b)
36.37).
(b) a police officer reasonably believes that information obtained

from
the analysis of the sample voluntarily given by the person, and from any related
material and information, has probative value in relation to the indictable
offence being investigated; and
(c) the person who voluntarily gave that sample has withdrawn his or
her
consent to the retention of that sample; and
(d) the information obtained from the analysis of the voluntary

sample,
and from any related material and information, has not been destroyed in
accordance with section 464ZGE(2)(a) and (3)(a).
(2) A court hearing an application under subsection (1)

must—
(a) be satisfied on the balance of probabilities that there are

reasonable
grounds to believe that the person has committed the offence in respect of which
the application is made; and
(b) be satisfied that, in all the circumstances, the making of the

order
is justified.
(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
464ZE(1)(a).
S. 464ZGFA inserted by
No. 72/2013 s. 15.
CRIMES ACT 1958

- SECT 464ZGFA
Voluntary samples given by police or VIFM personnel
"Institute" means the Victorian Institute of Forensic Medicine

established under the Victorian Institute of Forensic Medicine Act
1985;
"relevant agency" means—
(a) Victoria Police; or
(b) the Institute.
(2) Any of the following persons may volunteer to give to a relevant

agency a sample of material from which a DNA profile may be
derived—
S. 464ZGFA(2)(a)
substituted by No. 37/2014 s. 10(Sch. item
36.38(a)).
(a) a member of Victoria Police personnel;
(b) the Director of the Institute or an employee of the Institute

(whether
employed under the Victorian Institute of Forensic Medicine Act 1985 or
the Public Administration Act 2004);
(c) a visitor to—
(i) any premises at which the Victoria Police Forensic Services

Department
performs functions; or
(ii) any premises at which the Institute performs any of its

functions.
(3) A sample may only be given under this section if the relevant agency
has provided to the person volunteering to give the sample—
(a) a written statement that the sample is to be provided for the

purpose
of comparing a DNA profile obtained from the sample against any other DNA
profile held by the relevant agency to eliminate the person as a possible source
of DNA in—
(i) the investigation of a crime; or
(ii) the investigation of a reportable death within the meaning

of the
Coroners Act 2008; or
(iii) in the case of the Institute, testing conducted by the

Institute in
the performance of its objects and functions; and
(b) a written statement of the requirements of section 464ZGFB(3) and

(5).
(4) A sample given under this section may be used only for the purpose
referred to in subsection (3)(a).
(5) Evidence of a sample given by a person under this section and any DNA
profile obtained from the sample is inadmissible as evidence against the person,
unless the person consents to the admission of the evidence, in—
(a) any proceeding, whether civil or criminal; or
S. 464ZGFA(5)(b)
36.38(b)(i)).
(b) a proceeding arising out of, or connected with, an investigation

under
Division 6 of Part 4, Part 5, Part 7, Part 9 or
Part 10 of the Victoria Police Act 2013 in respect of the person;
or
S. 464ZGFA(5)(c)
36.38(b)(ii)).
(c) a proceeding arising out of, or connected with, a critical

incident
(within the meaning of section 82 of the Victoria Police Act
2013).
(6) In subsection (5) a "proceeding" includes a coronial

inquest or inquiry.
(7) A sample given under this section and any DNA profile obtained from
the sample may not be released to any person outside the relevant agency unless
the person who gave the sample consents to the release.
(8) A person must not knowingly use, or cause or permit to be used, or

otherwise disseminate information derived from, a sample given under this
section, any DNA profile obtained from the sample or any related information,
other than in accordance with this section.
Penalty: level 8 imprisonment (1 year maximum).
(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.
CRIMES ACT 1958

- SECT 464ZGFB
Destruction of samples given by police and VIFM personnel and storage of DNA
information
(1) The Chief Commissioner of Police is

responsible for ensuring the destruction under this section of samples and DNA
profiles that are held or managed by Victoria Police.
(2) The Director of the Institute is responsible for ensuring the

destruction under this section of samples and DNA profiles that are held or
managed by the Institute.
(3) A DNA profile derived from a sample given under section 464ZGFA must
be stored on a database that—
(a) is not a DNA database; and
(b) is not connected to any other database on which matching of DNA

profiles occurs.
Notes
1 DNA database is defined in section 464(2).

2 A sample given under section 464ZGFA must not be entered in
NCIDD.
S. 464ZGFB(4) amended by No. 3/2019

s. 69.
(4) A sample given under section 464ZGFA and a DNA profile derived from
the sample must be destroyed if—
S. 464ZGFB(4)(a)
36.39(a)).
(a) in the case of a sample given by the Chief Commissioner of Police,

the
Chief Commissioner requests the destruction of the sample by notice in writing
to the Minister administering the Victoria Police Act 2013; or
S. 464ZGFB(4)(b)
36.39(b)).
(b) in the case of a sample given by any other member of Victoria

Police
personnel or a visitor to any premises at which the Victoria Police Forensic
Services Department performs functions, the member or visitor requests the
destruction of the sample by notice in writing to the Chief Commissioner of
Police; or
(c) in the case of a sample given by the Director of the Institute,
the
Director requests the destruction of the sample by notice in writing to the
Attorney-General; or
(d) in the case of a sample given by an employee of the Institute or a

visitor to any premises at which the Institute performs any of its functions,
the employee or visitor requests the destruction of the sample by notice in
writing to the Director of the Institute; or
S. 464ZGFB(4)(e)
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.
(5) Without affecting any other arrangements for destruction of samples,

this section also applies, on and from its commencement, to a sample given
voluntarily by a person referred to in section 464ZGFA(2) before the
commencement of this section.
(6) A person must not knowingly—
(a) fail to destroy; or
(b) use, or cause or permit to be used, or otherwise disseminate

information derived from—
a sample, or a DNA profile derived from a sample, that is required by this

section to be destroyed.
Penalty: level 8 imprisonment (1 year maximum).
Heading preceding s. 464ZGG inserted by

No. 16/2002 s. 16, amended by No. 32/2007
s. 6.
DNA database
systems
S. 464ZGG inserted by No. 16/2002
s. 16.
CRIMES ACT 1958

- SECT 464ZGG
Supply of forensic material for purposes of DNA database
S. 464ZGG(1) def. of excluded forensic

material amended by Nos 27/2006 s. 15, 3/2019
s. 70.
"excluded forensic material" means forensic

material—
(a) found at a crime scene; or
(b) taken from a suspect in accordance with this Subdivision or under

a
corresponding law of a participating jurisdiction; or
(ba) taken from a DNA person in accordance with section 464SC or

464SE;
or
(bb) taken from a person in accordance with section 464ZFAC; or
(bc) taken from a person in accordance with section 464ZFAE; or
(c) taken from an offender under section 464ZF or 464ZGB or under a

corresponding law of a participating jurisdiction; or
(ca) taken from a person under section 464ZFAAA following a finding of

not
guilty because of mental impairment; or
(d) taken from the body of a deceased person; or
(e) from the body of a missing person; or
(f) taken from a volunteer who is a relative by blood of a deceased or

missing person;
"prohibited analysis" means analysis for the purpose of

deriving a DNA profile for inclusion on a DNA database when the forensic
material is required to be destroyed by this Subdivision or under a
corresponding law of a participating jurisdiction.
(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
(b) who intends or is reckless as to the supply of material of that

kind—
is guilty of a summary offence and liable to level 8 imprisonment (1

year maximum) or a level 8 fine (120 penalty units maximum).
(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
(b) who intends or is reckless as to the supply of material of that

kind—

S. 464ZGH (Heading) amended by No.

32/2007 s. 7(1).
S. 464ZGH inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGH
Use of information on Victorian DNA database
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).
S. 464ZGH(2) amended by No. 32/2007

s. 7(1).
(2) A person may access information stored on the Victorian DNA database
for one or more of the following purposes—
(a) forensic comparison permitted under section 464ZGI (permissible

matching);
(b) making the information available, in accordance with the

regulations,
to the person to whom the information relates;
S. 464ZGH (2)(c) amended by No. 32/2007

s. 7(1).
(c) administering the Victorian DNA database;
S. 464ZGH (2)(d) substituted by No.

32/2007 s. 7(2).
(d) in accordance with an arrangement entered into under section

464ZGN;
(e) in accordance with the Mutual Assistance in Criminal Matters Act

1987
of the Commonwealth or the Extradition Act 1988 of the Commonwealth;
(f) a coronial investigation or inquest;
(g) an investigation of a complaint by—
S. 464ZGH (2)(g)(i) substituted by

No. 60/2014 s. 140(Sch. 3 item 8.1), repealed by No. 20/2017
s. 134(Sch. 1 item 5.1(a)).
* * * * *
S. 464ZGH(2)(g)(ii)
(ii) the Health Complaints Commissioner within the meaning of

the
Health Records Act 2001 for the purposes of that Act; or
S. 464ZGH(2) (g)(iii) substituted by

No. 32/2007 s. 7(3).
(iii) the Ombudsman appointed under the Ombudsman Act 1973;

or
S. 464ZGH(2) (g)(iv) inserted by No.

32/2007 s. 7(3), amended by Nos 34/2008 s. 143(Sch. 2 item 3.1),
82/2012 s. 159(2), 20/2017 s. 134(Sch. 1 item 5.1(b)),
(iv) the IBAC;
S. 464ZGH (2)(ga) inserted by No.

3/2019 s. 71(2).
(ga) the IBAC performing its functions under

this Act;
S.
464ZGH(2)(h) inserted by No.
20/2017 s. 134(Sch. 1 item 5.1(c)).
(h) an investigation of a complaint by the Information Commissioner

under
the Privacy and Data Protection Act 2014.
(3) This section does not apply to information that cannot be used to
discover the identity of any person.
S. 464ZGI inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGI
Permissible matching of DNA profiles
S. 464ZGI(1)
(1) A matching of a DNA profile on an index of the Victorian DNA database

specified in column 1 of the following Table with a DNA profile on another index
of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is
not permitted by this Subdivision if—
(a) "only if within purpose" is shown in relation to the index

specified
in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes)
index specified in column 1; and
(b) the matching is carried out for a purpose other than a purpose for
which the DNA profile placed on the volunteers (limited purposes) index
specified in column 1 was so placed.
S. 464ZGI(1) (Table) substituted by No.

32/2007 s. 8(1).
TABLE
Profile to be matched
Is matching permitted?
Column 1
Column 2
Crime
Scene
Column 3
Suspects
Column 4
Volunteers (limited purposes)
Column 5
(Volunteers (unlimited purposes)
Column 6
Serious
offenders
Column 7
Missing
persons
Column 8
Unknown deceased persons
1. crime scene
yes
yes
only if within purpose
yes
yes
yes
yes
2. suspects
yes
yes
yes
yes
yes
yes
3. volunteers (limited purposes)
4. volunteers (unlimited purposes)
yes
yes
yes
yes
yes
yes
5. serious offenders
yes
yes
yes
yes
yes
yes
6. missing persons
yes
yes
yes
yes
yes
yes
7. unknown deceased persons
yes
yes
yes
yes
yes
yes
(2) A person—
S. 464ZGI (2)(a) amended by No. 32/2007

s. 8(2).
(a) whose conduct causes the matching that is not permitted by this
Subdivision of a DNA profile on an index of the Victorian DNA database with a
DNA profile on the same or another index of the Victorian DNA database;
and
(b) who intends or is reckless as to any such matching of

profiles—

S. 464ZGI(3) amended by No. 32/2007

s. 8(2).
(3) A person is not guilty of an offence against subsection (2) if the

person's conduct causes a matching that is not permitted by this Subdivision but
the matching is solely for the purpose of administering the Victorian DNA
database.
S. 464ZGJ (Heading) amended by No.

32/2007 s. 9(1).
S. 464ZGJ inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGJ
Recording, retention and removal of identifying information on DNA database
S. 464ZGJ(1) def. of identifying

information substituted by No. 32/2007
s. 9(2).
"identifying information" means information referred to in

section 464ZFD(1), whether or not kept on the Victorian DNA database;
S. 464ZGJ(1) def. of identifying period
amended by No. 32/2007 s. 9(1)(3)-(5).
"identifying period" for identifying information

means—
(a) except as provided by paragraphs (b) and (c), the period of 12

months after the information is placed on the DNA database;
(b) if the information is derived from forensic material taken from a

volunteer—the period after the information is placed on the DNA database
that is agreed by the Chief Commissioner of Police and the volunteer;
(c) if the information is derived from forensic material taken from a

deceased person (not being a person who was a volunteer) whose identity is
known—the period for which the Chief Commissioner of Police orders the
responsible person to retain the information;
S. 464ZGJ(1) def. of responsible person

* * * * *
S. 464ZGJ(2) amended by No. 32/2007

s. 9(1)(7).
(2) A person who intentionally or recklessly causes any identifying

information to be recorded or retained in a DNA database at any time after this
Subdivision requires the forensic material to be destroyed 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. 464ZGJ(3) amended by No. 32/2007

s. 9(1)(8)-(10).
(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).
S. 464ZGJ(4) amended by Nos 32/2007

s. 9(1)(9)(11), 68/2009 s. 97(Sch. item 40.40).
(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
S. 464ZGK (Heading) amended by No.

32/2007 s. 10(1).
S. 464ZGK inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGK
Disclosure of Victorian information
(1) A person who—
S. 464ZGK (1)(a) substituted by No.

32/2007 s. 10(2).
(a) has access to Victorian information; and
S. 464ZGK (1)(b) amended by No. 32/2007

s. 10(3).
(b) intentionally or recklessly causes the disclosure of the Victorian

information other than as provided by this section—

S. 464ZGK(2) amended by No. 32/2007

s. 10(4).
(2) A person may only disclose Victorian information stored on a DNA

database for one or more of the following purposes—
S. 464ZGK(2)(a)
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;
(b) making the information available, in accordance with the

regulations,
to the person to whom the information relates;
S. 464ZGK (2)(c) substituted by No.

32/2007 s. 10(5).
(c) administering the DNA database;
S. 464ZGK (2)(d) substituted by No.

32/2007 s. 10(5).
(d) in accordance with an agreement entered into under section

464ZGN;
(e) in accordance with the Mutual Assistance in Criminal Matters Act

1987
(f) a coronial investigation or inquest;
(g) an investigation of a complaint by—
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)
(ii) the Health Complaints Commissioner within the meaning of

the
Health Records Act 2001 for the purposes of that Act; or
S. 464ZGK(2) (g)(iii) substituted by

No. 32/2007 s. 10(6).
(iii) the Ombudsman appointed under the Ombudsman Act 1973;
or
S. 464ZGK(2) (g)(iv) inserted by No.

32/2007 s. 10(6), amended by Nos 34/2008 s. 143(Sch. 2 item 3.2),
82/2012 s. 159(3), substituted by No. 3/2019
s. 72(1).
(iv) the IBAC; or
S. 464ZGK(2) (g)(v) inserted by No.

32/2007 s. 10(6), amended by No. 20/2017 s. 134(Sch. 1 item
5.2(b)).
(v) an authority of a participating jurisdiction, but only if

the
authority would be entitled to the information if it were held on the
participating jurisdiction's DNA database;
S. 464ZGK (2)(ga) inserted by No.

3/2019 s. 72(2).
(ga) the IBAC performing its functions under this Act;
S.
464ZGK(2)(h) inserted by
No. 20/2017 s. 134(Sch. 1 item 5.2(c)).
(h) an investigation of a complaint by the Information Commissioner

under
the Privacy and Data Protection Act 2014.
S. 464ZGK(3) amended by Nos 32/2007

s. 10(7), 3/2019 s. 72(3).
(3) A person may only disclose Victorian information revealed by the

taking of a DNA profile sample or the carrying out of a forensic procedure as
follows—
S. 464ZGK(3)(a) amended by No. 3/2019

s. 72(4)(a).
(a) if the person is the suspect, DNA person, offender or volunteer to

whom the information relates;
(b) if the information is already publicly available;
(c) in accordance with any other provision of this Subdivision;
(d) in accordance with the Mutual Assistance in Criminal Matters Act

1987
(e) for the purposes of the investigation of an offence or offences

generally;
(f) for the purpose of a decision whether to institute proceedings for

an
offence;
(g) for the purpose of proceedings for an offence;
(h) for the purpose of a coronial investigation or inquest;
(i) for the purpose of civil proceedings (including disciplinary

proceedings) that relate to the way in which the procedure is carried
out;
S. 464ZGK(3)(j) amended by No. 3/2019

s. 72(4)(b).
(j) for the purpose of the suspect's, DNA person's, offender's or

volunteer's medical treatment;
(k) for the purpose of the medical treatment of a person if necessary

to
prevent or lessen a serious threat to that person's life or health;
(l) if necessary to prevent or lessen a serious threat to public

health;
(m) if the suspect, offender or volunteer consents in writing to the

disclosure.
S. 464ZGK(4) amended by No. 32/2007

s. 10(8).
(4) This section does not apply to Victorian information that cannot be
used to discover the identity of any person.
S. 464ZGK(5) inserted by No. 32/2007

s. 10(9).
"Victorian information" means information referred to in

section 464ZFD(1), whether or not kept on the Victorian DNA database.

s. 16.
Inter-jurisdictional
enforcement
S. 464ZGL inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGL
Registration of orders
(1) The Minister may enter into arrangements

with the responsible Ministers of the participating jurisdictions for the
establishment and maintenance, in one or more of those jurisdictions, of a
register of orders for the carrying out of forensic procedures made under this
Subdivision or corresponding laws of participating jurisdictions.
S. 464ZGL(2) amended by
No. 48/2018 s. 19(1).
(2) An order is registered when a copy of the order (being a copy

certified as required under subsection (2A)) is registered in accordance
with the law of the participating jurisdiction in which the register is
kept.
S. 464ZGL(2A) inserted by
No. 48/2018 s. 19(2).
(2A) The copy of the order must be certified by—
(a) the person who made it; or
(b) if that person is not available, a judicial officer of the

participating jurisdiction in which the order was made.
(3) An application for registration of an order, or for cancellation of

registration of an order, may be made by an appropriate authority.
S. 464ZGM inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGM
Carrying out of registered orders
(1) A person is authorised to carry out the

forensic procedure authorised by an order that is registered in accordance with
an arrangement referred to in section 464ZGL(1) anywhere in Victoria.
The person is authorised to carry out the procedure in accordance with
sections 464Y, 464Z and 464ZA and not otherwise.
S. 464ZGM(2) amended by
No. 37/2014 s. 10(Sch. item 36.41).
(2) A police officer, or other person assisting a police officer in

accordance with this Subdivision or a corresponding law of a participating
jurisdiction, is not compelled by this Subdivision, or an arrangement referred
to in section 464ZGL(1), to execute an order registered under such an
arrangement.
S. 464ZGN inserted by No. 16/2002

s. 16, substituted by No. 32/2007 s. 11.
CRIMES ACT 1958

- SECT 464ZGN
Arrangements for transmission of information on DNA database
(1) The Minister may enter into an arrangement

with the responsible Minister for a participating jurisdiction, under
which—
(a) information from the Victorian DNA database is to be transmitted

to
the responsible person for the DNA database of the participating jurisdiction
for the purposes of—
(i) the investigation of, or the conduct of proceedings for, an

offence
against the law of this State or the law of the participating jurisdiction;
or
(ii) the identification of missing or deceased persons; and
(b) information from the DNA database of the participating

jurisdiction is
to be transmitted to the Chief Commissioner of Police for the purposes
of—

offence
against the law of this State or the law of the participating jurisdiction;
or
(ii) the identification of missing or deceased persons.
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).
(a) information from the Victorian DNA database is to be transmitted

to
the Australian Crime Commission for comparison with information on the
NCIDD for the purposes of—

offence
against the law of this State or the law of a participating jurisdiction;
or
(ii) the identification of missing or deceased persons; and
S. 464ZGN(2)(b)
amended by No. 54/2016 s. 29(1)(c).
(b) information from the Australian Crime Commission obtained as a

result
of a comparison with the NCIDD is to be transmitted to the Chief Commissioner of
Police for the purposes of—

offence
against the law of this State or the law of a participating jurisdiction;
or
(ii) the identification of missing or deceased persons.
S. 464ZGN(3) amended by
No. 54/2016 s. 29(2).
(3) Without limiting subsection (2), an arrangement made under that

subsection may provide for the Australian Crime Commission—
(a) to compare information from the Victorian DNA database with

information supplied to it from the DNA database of another participating
jurisdiction; and
(b) to identify to the Chief Commissioner of Police and the

responsible
person for the DNA database of the participating jurisdiction any matches that
are found as a result of the comparison.
(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
1 Information that is transmitted under this section must not be recorded

or maintained in any database of information that may be used to discover the
identity of a person or to obtain information about an identifiable person at
any time after the time for destruction of the forensic material that is
required by this Subdivision or a corresponding law of a participating
jurisdiction. See section 464ZGJ.
2 A person who has access to information from the Victorian DNA database
must not disclose the information other than in limited, specified
circumstances. See section 464ZGK.
S. 464ZGO inserted by No. 16/2002

s. 16.
CRIMES ACT 1958

- SECT 464ZGO
Taking, retention and use of forensic material authorised by laws of other
jurisdictions
(1) Subject to section 464ZGM and this section,

nothing in this Subdivision affects the taking, retention or use of forensic
material, or information obtained from forensic material, if the taking,
retention or use of the material is authorised by or under a corresponding law
of the Commonwealth, another State or a Territory.
(2) Forensic material taken, or information obtained from it, in

accordance with a corresponding law of the Commonwealth, another State or a
Territory may be retained or used for investigative, evidentiary or statistical
purposes even if its retention or use would, but for this subsection, constitute
a contravention of a provision of this Subdivision relating to the carrying out
of forensic procedures.
(3) Forensic material taken, or information obtained from it, in

accordance with a law of the Commonwealth, another State or a Territory as in
force immediately before the commencement of section 16 of the Crimes (DNA
Database) Act 2002, may be retained or used for investigative, evidentiary
or statistical purposes even if its retention or use would, but for this
subsection, constitute a contravention of a provision of this Subdivision
relating to the carrying out of forensic procedures.

s. 4(c).
General
S. 464ZH (Heading) inserted by No. 13/2010

s. 51(Sch. item 17.11).
S. 464ZH inserted by No. 129/1993 s. 7,

amended by Nos 81/1997s.
29(1)(a)–(d), 13/2010 s. 51(Sch. item 17.12), 3/2019
s. 73(1).
CRIMES ACT 1958

- SECT 464ZH
Immunity of medical practitioners, nurses, midwives, dentists and other persons
No action lies against a medical practitioner or
nurse or midwife or dentist or a person authorised under section 464Z or a
person assisting the medical practitioner, nurse, midwife, dentist or person in
respect of anything properly and necessarily done by the medical practitioner,
nurse, midwife, dentist or person in the course of taking a DNA profile sample
or conducting any forensic procedure which the medical practitioner, nurse,
midwife, dentist or person believes on reasonable grounds—
S. 464ZH(a) inserted by No.

81/1997s. 29(1)(d),
substituted by No. 41/2004 s. 19, amended by No. 3/2019
s. 73(2).
(a) was requested to be taken from or conducted on another person

under
this Subdivision in accordance with—
S. 464ZH(a)(i) amended by
No. 37/2014 s. 10(Sch. item 36.42).
(i) a request of a police officer given under section 464R; or
(ii) an authorisation given by a senior police officer under

section
464SA; or
S. 464ZH(a)(iia) inserted by No. 3/2019

s. 73(3).
(iia) a request given by a police officer under section 464SC;

or
S. 464ZH(a)(iib) inserted by No. 3/2019

s. 73(3).
(iib) an authorisation given by a senior police officer under section

464SE; or
S. 464ZH(a)(iic) inserted by No. 3/2019

s. 73(3).
(iic) a direction given by a police officer under section 464ZFAB;

or
S. 464ZH(a)(iid) inserted by No. 3/2019

s. 73(3).
(iid) a senior police officer authorisation; or
S. 464ZH(a)(iie) inserted by No. 3/2019

s. 73(3).
(iie) an authorisation given by a senior police officer under section

464ZFAE; or
(iii) an order made by a court under this Subdivision; or
S. 464ZH(b) inserted by No.

81/1997s.
29(1)(d).
(b) was consented to by a person in accordance with sections 464ZGB to

464ZGD.
S. 464ZI inserted by No. 129/1993 s. 7,

amended by No. 41/2004 s. 20 (ILA
s. 39B(1)).
CRIMES ACT 1958

- SECT 464ZI
Supreme Court—limitation of jurisdiction
(1) It is the intention of this section to

alter or vary section 85 of the Constitution Act 1975 to the extent
necessary—
(a) to prevent the bringing before the Supreme Court of an action

seeking
to permit an application under section 464M(1), 464T(1), 464U(3) or 464V(2)
being conducted otherwise than in accordance with the procedure expressed to be
required by this Act; and
(b) to prevent the bringing before the Supreme Court of an action of a

kind referred to in section 464ZH.
S. 464ZI(2) inserted by No. 41/2004

s. 20.
(2) It is the intention of section 464ZH as amended by section 19 of the

Crimes (Amendment) Act 2004 to alter or vary section 85 of the
Constitution Act 1975.
S. 464ZJ inserted by No. 129/1993
s. 7.
CRIMES ACT 1958

- SECT 464ZJ
Regulations
(1) The Governor in Council may make

regulations for or with respect to—
(a) accreditation of experts giving forensic evidence in a court;

and
(b) testing of the proficiency of experts in conducting procedures

about
which an expert gives forensic evidence; and
(c) the application and use of statistical analysis to data the

subject of
forensic evidence; and
S. 464ZJ(1)(d) amended by No. 3/2019

s. 74.
(d) standards for taking DNA profile samples or conducting forensic

procedures in accordance with this Subdivision and the analysis of any samples
taken; and
(e) generally prescribing any other matter or thing required or

permitted
by this Subdivision to be prescribed or necessary to be prescribed to give
effect to this Subdivision.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or

circumstance;
and
(c) may confer a discretionary authority or impose a duty on a

specified
person or class of persons.
S. 464ZJ(3)(4) repealed by No. 10/1999

s. 31(5)(c).
* * * * *
S. 464ZJ(5) substituted by No. 10/1999

s. 31(5)(d).
(5) If a regulation made under subsection (1) is disallowed by the
Parliament or a House of the Parliament, no regulation which is the same in
substance as the disallowed regulation may be made within 6 months after the
date of the disallowance, unless—
(a) if the regulation was disallowed by one House of the Parliament,

that
House approves the making of a regulation the same in substance as the
disallowed regulation; or
(b) if the regulation was disallowed by both Houses of the Parliament,

each House approves the making of a regulation the same in substance as the
disallowed regulation.
(6) Any regulation made in contravention of subsection (5) is

void.
S. 464ZK inserted by No. 129/1993

s. 7.
CRIMES ACT 1958

- SECT 464ZK
Operation of other Acts
Nothing in this Subdivision affects the

operation of any other Act or enactment with respect to the taking of samples or
the conduct of forensic procedures.
S. 464ZL inserted by No. 58/2001

s. 3.
CRIMES ACT 1958

- SECT 464ZL
Validation of certain orders
(1) If, on or before 22 December 2000, an order

under section 464ZF(3) is purported to have been made by—
(a) the Magistrates' Court not sitting in open court; or
(b) a magistrate not constituting the Magistrates' Court—
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.
S. 464ZL(3) inserted by No. 41/2004

s. 21.
(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
(b) an opportunity to be heard on the application.

s. 21.
(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—
(a) notice of the application for the order; or
(b) an opportunity to be heard on the application.

s. 21.
(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.
No. 72/2013 s. 16.
(7) Any questioning or investigation conducted pursuant to an order

referred to in subsection (6) by a member of the Australian Federal Police or
a member of the police force of another State or a Territory before
the commencement of section 4(1) and (2) of the Crimes Amendment
(Investigation Powers) Act 2013 is taken to have, and always to have had,
the same force and effect as it would have had if conducted after that
commencement.
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
"commencement day" means the day on which section 79 of the

Justice Legislation Amendment (Police and Other Matters) Act 2019
comes into operation.
(2) A sample taken in a forensic procedure conducted in accordance or

purported to be conducted in accordance with section 464ZFAB before the
commencement day in a prison was not unlawfully taken only because the
person taking the sample had no lawful authority to enter and remain in
the prison.
Heading preceding s. 464ZM

Oversight by
IBAC
S. 464ZM inserted by
No. 3/2019 s. 76.
CRIMES ACT 1958

- SECT 464ZM
Functions of IBAC
The IBAC has the following functions under this

Subdivision to monitor compliance by police officers and members of Victoria
Police personnel or any other person who carried out a function or power in
respect of—
(a) the taking of a DNA profile sample;
(b) a senior police officer authorisation;
(c) an authorisation under section 464ZFAE;
(d) any matter on which the Chief Commissioner is required to

report on under section 464ZFE.
S. 464ZN inserted by
No. 3/2019 s. 76.
CRIMES ACT 1958

- SECT 464ZN
Chief Commissioner of Police to report to IBAC
(1) As soon as practicable after 1 January but

not later than 1 March in each year, the Chief Commissioner of Police must
provide a written report to the IBAC for the previous 12 months in
relation—
(a) to any DNA profile sample taken or senior police officer

authorisation
or authorisation given and applied for; and
(b) to the destruction of any DNA profile sample taken or given in

accordance with a senior police officer authorisation or authorisation;
and
(c) to any matter on which the Chief Commissioner is required to

report
on under section 464ZFE.
(2) The report must include—
(a) a list that identifies by a unique identifying number every DNA

profile sample taken or given in accordance with a senior police
officer authorisation or authorisation under this Subdivision within the
period to which the report relates; and
(b) information on whether any of the DNA profile samples listed in

the
report were taken from a child; and
(c) the date on which every DNA profile sample listed in the report
was
taken; and
(d) information on whether any of the DNA profile samples listed in

the
report or in any previous report submitted under this section have
been destroyed within the period to which the report relates and the reason
for the destruction of the sample; 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
(f) the number of senior police officer authorisations and

authorisations
under section 464SE or 464ZFAE given within the period to which the report
relates; and
(g) the number of DNA profile samples taken by consent in accordance

with
section 464SC within the period to which the report relates; and
(h) the number of authorisations under section 464SE, senior police

officer authorisations and authorisations under section 464ZFAE refused within
the period to which the report relates; 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.
CRIMES ACT 1958

- SECT 464ZO
Inspection of records by authorised officers
"authorised officer" is—
(a) the IBAC Commissioner; or
(b) a sworn IBAC Officer who is authorised under subsection (2);
"IBAC Commissioner" means the Commissioner within the meaning

of the Independent Broad-based Anti-corruption Commission
Act 2011;
"police personnel premises" has the same meaning as it has in

the Independent Broad-based Anti-corruption Commission Act
2011;
"records" include the following—
(a) forensic material;
(b) records or recordings, whether in writing or in digital, audio or

audiovisual form or otherwise, of—
(i) the taking of a DNA profile sample by informed consent in

accordance with section 464SC; and
(ii) an authorisation under section 464SE or a senior police

officer
authorisation or an authorisation under section 464ZFAE;
(c) documents on a database;
"sworn IBAC Officer" has the same meaning as in the

Independent Broad-based Anti-corruption Commission
Act 2011.
(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) the taking of a DNA profile sample by way of informed consent in

accordance with section 464SC;
(b) an authorisation under section 464SE;
(c) a senior police officer authorisation;
(d) an authorisation under section 464ZFAE;
(e) any matter on which the Chief Commissioner is required to report

on under section 464ZFE.
(4) For the purpose of an inspection under this section, an authorised

officer—
(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
(c) may require a member of Victoria Police personnel or a relevant

person
or body to give the authorised officer any information that the IBAC considers
necessary, being information that is in that person's or body's possession, or
to which the person or body has access, and that is relevant to the inspection;
and
(d) may do anything that is necessary or convenient to be done to

enable
an inspection to be carried out under this section.
(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.
CRIMES ACT 1958

- SECT 464ZP
IBAC to report to the Attorney-General
(1) The IBAC must give a written report to the
Attorney-General at yearly intervals on—
(a) the report given by the Chief Commissioner of Police to the

IBAC under section 464ZN; and
(b) the results of each inspection under section 464ZO; and
(c) any recommendations about actions that should be taken in relation

to
a matter arising out of the report.
(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.
CRIMES ACT 1958

- SECT 464ZQ
Recommendations
(1) The IBAC may at any time make

recommendations to the Chief Commissioner about actions that should be taken in
relation to a matter arising out of the functions of IBAC under this
Subdivision.
(2) Within a reasonable time after receiving a recommendation under

subsection (1), the Chief Commissioner must—
(a) take the recommended action; or
(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.
CRIMES ACT 1958

- SECT 464ZR
Attorney-General may make a complaint to the IBAC
The Attorney-General may make a complaint to the

IBAC under section 51 of the Independent Broad-based Anti-corruption
Commission Act 2011 about the taking, use, retention or destruction of
forensic material under this Subdivision.
S. 464ZS inserted by
No. 3/2019 s. 76.
CRIMES ACT 1958

- SECT 464ZS
Immunity of the IBAC and sworn IBAC Officers
(1) The IBAC or a sworn IBAC Officer is not
personally liable for anything necessarily or reasonably done or omitted to
be done in good faith—
(a) in the performance of a duty or a function or the exercise of a

power
under this Subdivision; or
(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.
(31) Search warrants

for and seizure of things
No. 6103 s. 465.
CRIMES ACT 1958

- SECT 465
Issue of search warrant by magistrate
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).
(1) Any magistrate who is satisfied by the evidence on oath or by

affirmation or affidavit of any police officer of or above the rank of senior
sergeant that there is reasonable ground for believing that there is, or
will be within the next 72 hours, in any building (including any vehicle in
that building), receptacle or place (including any vehicle on or in that place)
or on or in a particular vehicle located in a public place—
S. 465(1)(a) amended by No.

22/1996s.
6(1)(b).
(a) anything upon or in respect of which any indictable offence has

been
or is suspected to have been committed or is being or is likely to be committed
within the next 72 hours; or
(b) anything which there is reasonable ground to believe will afford

evidence as to the commission of any such offence; or
(c) anything which there is reasonable ground to believe is intended

to be
used for the purpose of committing any indictable offence against the person for
which the offender may be arrested without warrant—
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.
S. 465(1A) inserted by No.

22/1996s. 6(2), repealed by No.
42/2015 s. 8.
* * * * *
S. 465(1B) inserted by No. 63/2003

s. 43.
(1B) A magistrate who issues a warrant under subsection (1), if satisfied

on reasonable grounds by the evidence given under that subsection that the thing
to which the warrant relates is also tainted property within the meaning of the
Confiscation Act 1997, may, in that warrant, direct that the applicant
hold or retain that thing as if it were tainted property seized under a warrant
under section 79 of that Act as and from the date when that thing is no longer
required for evidentiary purposes under this Act.

s. 6(1)(Sch. 5 item 40), 57/1989 s. 3(Sch. item
42.57(a)(b)).
(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)


vessel.
S. 465AAA inserted by No. 42/2015

s. 9.
CRIMES ACT 1958

- SECT 465AAA
Warrant may authorise the giving of a direction requiring assistance from person
with knowledge of a computer or computer network
(1) Subject to subsection (3), a warrant issued

under section 465 in relation to a building, receptacle, place or vehicle
(warrant premises) may authorise a police officer executing the
warrant to give a direction under subsection (2) to a specified
person.
(2) A police officer may direct a specified person to provide any

information or assistance that is reasonable and necessary to allow the police
officer to do one or more of the following things—
(a) access data held in, or accessible from, a computer or data

storage
device that—
(i) is on warrant premises; or
(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);
(c) convert into documentary form or another form intelligible to a

police
officer—
(i) data held in, or accessible from, a computer, or data

storage device,
described in paragraph (a); or
(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
(b) the specified person is—
(i) reasonably suspected of having committed an indictable

offence in
relation to which the warrant was issued; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or

device;
or
(iv) a person engaged under a contract for services by the owner

or lessee
of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the

computer
network of which the computer or device forms or formed a part; and
(c) the specified person has relevant knowledge of—
(i) the computer or device or a computer network of which the

computer or
device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible

from, the
computer or device.
(4) A person commits an offence if—
(a) the person has relevant knowledge of—
(i) the computer or data storage device or a computer network of

which the
computer or data storage device forms or formed a part; or

from, the
computer or data storage device; and
(b) the person is informed by a police officer—
(i) of the authorisation to give the direction under subsection

(2) and of
its terms; and
(ii) that it is an offence to fail to comply with the direction;
and
(c) the person fails to comply with the direction without reasonable
excuse.

(7) A person is not excused from complying with a direction under

subsection (2) on the ground that complying with it may result in information
being provided that might incriminate the person.
(8) In this section "access", data, data

held in a computer and data storage device have the
meanings given by section 247A(1).
S. 465AA inserted by
No. 79/2014 s. 69.
CRIMES ACT 1958

- SECT 465AA
Power to require assistance from person with knowledge of a computer or computer
network
(1) This section applies if a magistrate has

issued a warrant under section 465 in relation to a building, receptacle, place
or vehicle (warrant premises).
(2) The Magistrates' Court may, on the application of a police officer of
or above the rank of senior sergeant, make an order requiring a specified person
to provide any information or assistance that is reasonable and necessary to
allow a police officer to do one or more of the things specified in subsection
(3).
(3) The things are—
(a) access data held in, or accessible from, a computer or data

storage
device that—
(i) is on warrant premises; or
(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);
(c) convert into documentary form or another form intelligible to a

police
officer—
(i) data held in, or accessible from, a computer, or data

storage device,
described in paragraph (a); or
(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.
(5) The Magistrates' Court may make the order if 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
(3)(a) will afford evidence as to the commission of an indictable offence;
and
(b) the specified person is—
(i) reasonably suspected of having committed an indictable

offence in
relation to which the warrant was issued; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or

device;
or
(iv) a person engaged under a contract for services by the owner

or lessee
of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the

computer
network of which the computer or device forms or formed a part; and
(c) the specified person has relevant knowledge of—
(i) the computer or device or a computer network of which the

computer or
device forms or formed a part; or

from, the
computer or device.
(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
An application for another order under this section relating to the

computer or data storage device may be made after the completion of the
execution of the warrant.
(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
(c) specify the conditions (if any) to which the requirement to

provide
the information or assistance is subject.
(9) A person commits an offence if—
(a) the person has relevant knowledge of—
(i) the computer or data storage device or a computer network of

which the
computer or data storage device forms or formed a part; or

from, the
computer or data storage device; and
(b) the person is informed by a police officer—
(i) of the order made under this section and of its terms; and
(ii) that it is an indictable offence punishable by imprisonment

to fail
to comply with the order; and
(c) the person fails to comply with the order without reasonable
excuse.

S. 465AA(10A) inserted by No. 42/2015
s. 10.
(10A) This section applies in addition to section 465AAA, whether or

not in relation to the same specified person. However, a person may
be charged with an offence against either section 465AAA(4)
or subsection (9) but not both.
(11) In this section "access", data, data

held in a computer and data storage device have the
meanings given by section 247A(1).

s. 44.
CRIMES ACT 1958

- SECT 465A
Notice that seized thing is being held for purposes of Confiscation Act 1997
(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.
(2) A notice under subsection (1) must be—
(a) given within 7 days after the thing is no longer required for
evidentiary purposes under this Act; and
(b) in the prescribed form.

s. 44.
CRIMES ACT 1958

- SECT 465B
Application for tainted property to be held or retained—return of warrant to
court
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.
(2) An application may only be made under subsection (1) if a direction

under section 465(1B) was not made in relation to the warrant when it was
issued.
s. 44.
CRIMES ACT 1958

- SECT 465C
Court may make direction
S. 465C(1) amended by
No. 37/2014 s. 10(Sch. item 36.42).
(1) On an application under section 465B, if the Court is satisfied on

reasonable grounds that the thing seized under the warrant issued under section
465 is tainted property within the meaning of the Confiscation Act 1997,
the Court may direct that the thing be held or retained by the police officer or
other person named in the warrant as if it were tainted property seized under a
warrant under section 79 of that Act.
(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.
(3) In determining whether the thing which is the subject of the

application is in fact tainted property within the meaning of the
Confiscation Act 1997, the Court may require the applicant to provide any
information that the Court considers necessary.
(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.

s. 44.
CRIMES ACT 1958

- SECT 465D
Notice of direction under section 465C
(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.
(2) A notice under subsection (1) must be—
(a) given within 7 days after the thing is no longer required for
evidentiary purposes under this Act; and
(b) in the prescribed form.

s. 44.
CRIMES ACT 1958

- SECT 465E
Effect of directions under sections 465(1B) and 465C
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
(b) is to be dealt with under that Act accordingly.
No. 6103 s. 466.
S. 466 amended by Nos 25/1989

s. 15(a)(b), 57/1989 s. 3(Sch. item 42.58(a)(b)), 6/2018
s. 68(Sch. 2 item 35.11).
CRIMES ACT 1958

- SECT 466
Justice may issue warrant to search for gunpowder[39]
Where any credible person on oath or by affirmation before a magistrate

shows reasonable cause to suspect that a person named or described has in his
possession or on his premises any machine or implement or gunpowder or other
explosive dangerous or noxious substance or things suspected to be made or kept
or carried for the purpose of committing any of the felonies in Division one or
three of Part I, the magistrate may grant a warrant to search for the same
by day or by night.

s. 16.
* * * * *
Ss 468, 469 repealed by No. 25/1989

s. 9.
* * * * *
cf. [1819] 60 George III,

and 1 George IV, c. VIII ss 1, 2,
4, 8.(Criminal Libel Act 1819.)
S. 469AA inserted by No. 9407
s. 2(f).
CRIMES ACT 1958

- SECT 469AA
Seizure and destruction of documents containing libel
(1) Upon the conviction of any person

for—
(a) publishing a blasphemous libel; or
(b) publishing a seditious libel—
the Court by which such conviction is recorded may order the seizure and
destruction of any documents proved to exist and to contain any such libel or to
have been written, printed or published in breach of the said section.
(2) Any such order shall be carried into execution not earlier than thirty
days from the making thereof or at such time as a court of competent
jurisdiction may order.
S. 469AA(3) amended by No. 68/2009

s. 97(Sch. item 40.41).
(3) If the conviction is set aside on appeal, the order for seizure and
destruction shall be ipso facto vacated.
S. 469A inserted by No. 7088 s. 2(f),

CRIMES ACT 1958

- SECT 469A
Power of persons to search aircraft
(1) If, the person in command of the aircraft

or any person authorized in writing in a particular case by a magistrate
reasonably suspects that an offence involving the safety of an aircraft has
been, is being or may be committed on board or in relation to an aircraft, he
may, with such assistance as is necessary, search or cause to be
searched—
(a) the aircraft and any person, luggage or freight on board the
aircraft;
and
(b) any person who is about to board the aircraft and any luggage or
freight that is about to be placed on board the aircraft.
(2) A female shall not be searched under the last preceding subsection
except by a female.
(32) Search warrants

for women and girls
No. 6103 s. 470.
CRIMES ACT 1958

- SECT 470
Power of search when female unlawfully detained for immoral purposes
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).
(1) If it appears to a magistrate, on the evidence on oath or by

affirmation or affidavit of any parent relative or guardian of any woman or girl
or by any other person who in the opinion of the magistrate is bona fide acting
in the interest of any woman or girl, that there is reasonable cause to
suspect that such woman or girl is unlawfully detained for immoral purposes by
any person in any place, he may issue a warrant authorizing any person
named therein to search for and when found to take to and detain in a place of
safety such woman or girl until she can be brought before the Magistrates'
Court.
S. 470(2) amended by No. 57/1989

s. 3(Sch. item 42.64).
(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.
S. 470(3) amended by No. 57/1989

s. 3(Sch. item 42.65).
(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.
(4) A woman or girl shall be deemed to be unlawfully detained for an

immoral purpose if she is so detained for the purpose of being unlawfully and
carnally known by any man whether any particular man or generally,
and—
(a) is under the age of sixteen years; or
(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
(c) if of or above the age of eighteen years is so detained against

her
will.
(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.

by No. 23/1991 s. 8(2).
* * * * *

5 item 41), 110/1986 s. 140(2), repealed by No. 124/1986
s. 74(e).
* * * * *
Division
2—Punishment
Pt 3 Div. 2 Subdiv. (1) (Heading) amended by

No. 10084 s. 15(b).
(1) Sentences for

offences
Ss 472–476A
repealed.[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).
CRIMES ACT 1958

- SECT 476B
Young person sentenced to life imprisonment
Where a person under the age of 21 years is

sentenced to be imprisoned for the term of his natural life he shall be kept in
safe custody in such place as is directed by the Minister administering the
Children, Youth and Families Act 2005 from time to time upon the
recommendation of the Secretary within the meaning of that Act and if the place
at which he is at any time being so kept is a youth justice centre, remand
centre, or other institution which is not a prison established under the
Corrections Act 1986, shall be deemed to be serving that sentence of
imprisonment by way of detention in such centre or institution.
Ss 477–479
repealed.[41]
* * * * *
cf. [1742–3] 16 George II,

c. XXXI
ss 3,
4.[1751–2] 25 George II,
c. XXXVII
s. 9.
S. 479A inserted by No. 9407 s. 2(g),

s. 119(1)(Sch. 2
item 49), 48/1997 s.
60(1)(Sch. 1 item 100).
CRIMES ACT 1958

- SECT 479A
Rescuing of prisoner from lawful custody
Any person who, by force, rescues or attempts to

rescue from lawful custody any prisoner shall be guilty of an indictable offence
and shall be liable to level 5 imprisonment (10 years maximum).
S. 479B inserted by No. 9407 s. 2(g),
amended by Nos 117/1986 s. 6(Sch. 1 item 1(8)(c)), 129/1993 s. 9(1),
48/1997 s. 60(1)(Sch. 1 item 101).
CRIMES ACT 1958

- SECT 479B
Aiding a prisoner in escaping
Any person who—
S. 479B(a) substituted by No. 117/1986

s. 6(Sch. 1 item 1(8)(b)), amended by No. 25/1989 s. 20(k),
* * * * *
(b) conveys anything or causes anything to be conveyed into a prison

or to
a prisoner with intent to facilitate the escape of any prisoner—
shall be guilty of an indictable offence punishable on conviction by level


s. 6(Sch. 1 item 1(8)(d)).
CRIMES ACT 1958

- SECT 479C
Escape and related offences
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).
(1) A person who, whether by force or not, escapes or attempts to

escape—
(a) from a prison or police gaol; or
(b) if the person is in the legal custody of the Secretary to the

Department of Justice or the Chief Commissioner of Police, from the physical
custody of—
(i) an officer within the meaning of Part 5 of the Corrections

Act 1986
or an escort officer under that Act; or
S. 479C(1)(b)(ii)
36.42).
(ii) a police officer; or
(iii) a person acting on lawful authority on behalf of the

Secretary or
the Chief Commissioner—
is guilty of an indictable offence punishable on conviction by level 6

S. 479C(2) amended by Nos 129/1993

s. 9(2), 48/1997 s.
60(1)(Sch. 1 item 101).
(2) A prisoner who is authorized to be absent from a prison under the

Corrections Act 1986 and who—
(a) does not return to prison when the instrument of authority expires
or
when otherwise required by the instrument to do so; or
(b) is required by the instrument authorizing the absence to be under

the
supervision of another person and wilfully ceases to be under that supervision;
or
S. 479C(2)(c)
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—
is guilty of an indictable offence punishable on conviction by level 6


s. 9(2), 48/1997 s.
60(1)(Sch. 1 item 101).
(3) A prisoner who is outside a prison or a police gaol but in custody and
who wilfully ceases to be in custody is guilty of an indictable offence
punishable on conviction by level 6 imprisonment (5 years maximum).

s. 18(Sch. 2 item 6.2), 26/1997
s. 52(2), substituted by No. 45/2001 s. 40(4).
(4) For the purposes of subsection (3), "prisoner" includes a

person who is in the custody of a court.
(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.

by No. 25/1989 s. 20(l)(i).
* * * * *
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].
* * * * *
No. 6103 s. 493.
S. 493 amended by Nos 8338 s. 7(b),

8426 s. 9(2)(a)(b) (as amended by No. 8701 s. 7(f)), 8870
s. 7(b), 8998 s. 4, 9554 s. 2(1)(Sch. 1 item 9), 9945
s. 3(3)(Sch. 2 item 12), 10087 s. 3(1)(Sch. 1 item 28), 16/1987
s. 4(3)(Sch. 1 item 8(c)), 48/2006 s. 42(Sch. item
9.5).
CRIMES ACT 1958

- SECT 493
Sentences of imprisonment etc. to be carried out according to law relating to
prisons
Every sentence of imprisonment which is passed

for any indictable offence every sentence of attendance at an attendance centre,
every award of imprisonment or attendance at an attendance centre, and every
direction for detention in a youth justice centre within the meaning of the
Children, Youth and Families Act 2005 for any offence punishable on
summary conviction, shall be carried out in the manner for the time being
provided by any Acts in force relating to prisons or penal establishments in
that behalf according to the tenor of every such sentence.

s. 2(1)(Sch. 1 item 7).
* * * * *

by No. 65/1997s.
82(2)(c).
* * * * *
Ss 495–497
repealed.[44]
* * * * *

amended by No. 117/1986 s. 6(Sch. 1 item 2(5)), repealed by No.
65/1997s.
82(2)(c).[45]
* * * * *
Ss 499–502
repealed.[46]
* * * * *
S. 503 amended by No. 7332 s. 2(Sch. 1

item 20), repealed by No.
65/1997s.
82(2)(c).
* * * * *

amended by No. 7705 s. 10, repealed by No. 10084
s. 9.
* * * * *
by No. 25/1989 s. 20(l)(ii).
* * * * *

s. 114(Sch. 4 item 4).
* * * * *
Pt 3 Div. 3 (Heading and s. 505A)

Division
3—Regulations

s. 7.
CRIMES ACT 1958

- SECT 505A
Regulations
The Governor in Council may make regulations for

or with respect to any matter or thing which by this Part is authorized or
required or permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to the provisions of this
Part.
Part
IV—Probation and parole provisions
No. 6103 s. 506.
S. 506 amended by Nos 6651 s. 57(b),

46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).
CRIMES ACT 1958

- SECT 506
Definitions
(1) In this Part unless inconsistent with the
context or subject-matter—
"Board" means the Parole Board under this Part;
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).
"child" has the same meaning that it has in the Children,

Youth and Families Act 2005;
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).
"Secretary" means the Secretary to the Department of

Justice;
"term", in relation to imprisonment, includes the aggregate of

two or more terms, whether cumulative or concurrent.

46/1998s. 7(Sch. 1),
amended by No. 108/2004 s. 117(1) (Sch. 3
item 48).
(2) If under the Public Administration Act 2004 the name of the
Department of Justice is changed, a reference in the definition of
Secretary in subsection (1) to that Department must, from the date
when the name is changed, be treated as a reference to the Department by its new
name.
Division
1—Probation
(1) Probation
officers
No. 6103 s. 507.
CRIMES ACT 1958

- SECT 507
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.

s. 114(Sch. 4 item 5).
(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.

s. 21(2)(b)(i)(ii), repealed by No. 10260 s. 114(Sch. 4 item
5).
* * * * *
S. 507(4A) inserted by No. 9966

s. 21(2)(c), amended by No.
45/1996s. 18(Sch. 2 item
6.5).
(4A) All stipendiary and honorary probation officers appointed under this
section shall be under the control of the Secretary to the Department of
Justice.

s. 21(2)(d), repealed by No. 10260 s. 114(Sch. 4 item
5).
* * * * *

s. 21(2)(e)(i)(ii), 45/1996s.
18(Sch. 2 item 6.6), 46/1998s.
7(Sch. 1).
(6) The Secretary to the Department of Justice or, in the case of a

convicted person who is a child, the Secretary to the Department of Human
Services shall when so required by any court cause to be prepared and submitted
to that court such reports upon and information with respect to the convicted
person as the court requires.

s. 21(2)(f), repealed by No. 10260 s. 114(Sch. 4 item
5).
* * * * *

by No. 25/1989 s. 20(m)(i).
* * * * *
Ss 508, 509
repealed.[47]
* * * * *

by No. 25/1989 s. 20(m)(ii).
* * * * *
Ss 510–515A
repealed.[48]
* * * * *

by No. 25/1989 s. 20(m)(iii).
* * * * *
Ss 516–519A
repealed.[49]
* * * * *

by No. 25/1989 s. 20(m)(iv).
* * * * *

10084 s. 10(a)–(c), repealed by No. 10260 s. 114(Sch. 4 item
5).
* * * * *
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
No. 6103 s. 538.
CRIMES ACT 1958

- SECT 542
Regulations

regulations for or with respect to prescribing any matter or thing by this Part
authorized or directed to be prescribed or necessary or expedient to be
prescribed for the purposes of this Part.

s. 3.
* * * * *
Pt 5 (Heading) amended by No. 9576

s. 11(1).
Part
V—Property of persons convicted of treason or an indictable
offence.Orders as
to costs
Ss 543–544
repealed.[50]
* * * * *
No. 6103 s. 541.
S. 545 amended by Nos 9576 s. 11(1),

19/1989 s. 16(Sch. item 16.11), 25/1989 s. 20(n).
CRIMES ACT 1958

- SECT 545
Persons convicted of treason or indictable offence may pay costs
The court by which judgment is pronounced or

recorded upon the conviction of any person for treason or an indictable offence
in addition to such sentence as may otherwise by law be passed may condemn such
person to the payment of the whole or any part of the costs or expenses incurred
in and about the prosecution and conviction for the offence of which he is
convicted, and the payments of such costs and expenses or any part thereof may
be ordered by the court to be made out of any moneys taken from such person on
his apprehension, or may be enforced at the instance of any person liable to pay
or who may have paid the same in such and the same manner (subject to the
provisions of this Part) as the payment of any costs ordered to be paid by the
judgment or order of any court of competent jurisdiction in any civil proceeding
may for the time being be enforced:
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.
S. 546 amended by No. 7705 s. 10,

substituted by No. 7994 s. 4, amended by No. 8280 s. 18(a)(i)(ii)(b),
* * * * *
No. 6103 s. 543.
S. 547 amended by Nos 8679 s. 3(1)(e),

9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 14).
CRIMES ACT 1958

- SECT 547
Definition of forfeiture and convict
The word forfeiture in the construction of this Part shall

not include any fine or penalty imposed on any convict by virtue of his
sentence, and the expression
convict[51] shall be deemed to mean any person against whom after the passing of
this Act judgment of
imprisonment has been pronounced or recorded by any court of competent
jurisdiction in Victoria upon any charge of treason or indictable
offence.
No. 6103 s. 544.
S. 548 amended by Nos 8679 s. 3(1)(f),

9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 15).
CRIMES ACT 1958

- SECT 548
When convict shall cease to be subject to operation of this Part
When any convict dies or is adjudicated

bankrupt, or has undergone the full term of imprisonment for which judgment has
been pronounced or recorded against him, or such other punishment as may by
competent authority have been substituted for such full term, or has received a
pardon for the treason or indictable offence of which he has been convicted, he
shall thenceforth so far as relates to the provisions hereinafter contained
cease to be subject to the operation of this Part.

s. 5(1).
* * * * *
No. 6103 s. 558.

s. 5(2).
CRIMES ACT 1958

- SECT 562
Execution of judgments against convict provided for
All judgments or orders for the payment of money

of any court of law or equity against such convict which have been duly
recovered or made either before or after his conviction may be executed against
any property of such convict in the hands of any person who may have taken upon
himself the possession or management thereof without legal authority in the same
manner as if such property were in the possession or power of such
convict.
No. 6103 s. 559.
S. 563 amended by Nos 8410

s. 5(3)(a)(b), 19/1989 s. 16(Sch. item
16.12(a)(b)).
CRIMES ACT 1958

- SECT 563
Proceedings to recover property of convict from third person
The Attorney-General or any person who (if such

convict were dead intestate) would be entitled to his real or personal estate or
any share thereof or any person authorized by the Attorney-General in that
behalf may apply in a summary way to any court which (if such convict were dead)
would have jurisdiction to entertain a proceeding for the administration of his
real or personal estate to issue a writ calling upon any person who without
legal authority has possessed himself of any part of the property of such
convict to account for his receipts and payments in respect of the property of
such convict in such manner as such court directs, and such court thereupon may
issue such writ rule or other process and may enforce obedience thereto and to
all orders and proceedings of such court consequent thereon in the same manner
as in any other case of process lawfully issuing out of such court, and such
court shall thereupon have full power jurisdiction and authority to take all
such accounts and to make and give all such orders and directions as to it seems
proper or necessary for the purpose of securing the due and proper care
administration and management of the property of such convict and the due and
proper application of the same and of the income thereof and the accumulation
and investment of such balances (if any) as may from time to time remain in the
hands of any such other person as aforesaid in respect of such
property.
No. 6103 s. 560.

s. 5(4)(a)(b).
CRIMES ACT 1958

- SECT 564
Third person etc. accountable to convict when property reverts
Subject to the provisions of this Part every

such person as aforesaid shall from and after the time when such convict shall
cease to be subject to the operation of this Part be accountable to such convict
for all property of such convict which has been by him possessed or received and
not duly administered in the same manner in which any guardian or trustee is so
accountable to his ward or cestui que trust.
No. 6103 s. 561.

s. 11(1).
CRIMES ACT 1958
- SECT 565
Saving of general law as to indictable offence
Nothing in this Part shall be deemed to alter or

in anywise affect the law relating to indictable offences in Victoria except as
in this Part is expressly enacted.
Pt 6 (Headings and
ss 566–584)
repealed.[52]
* * * * *
Pt 7 (Heading and s. 585) inserted by

No. 26/1997 s. 53.
Part
7—General
S.
585inserted by No. 26/1997
s. 53, amended by No.
65/1997s.
82(4)(e).
CRIMES ACT 1958

- SECT 585
Supreme Court—limitation of jurisdiction
S. 585(1)
amended by No. 81/1997 s. 29(2) (ILA
s. 39B(1)).
(1) It is the intention of section 361 as amended by the Police and

Corrections (Amendment) Act 1997 and the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 to alter or vary section 85 of the

81/1997s.
29(2).
(2) It is the intention of section 464ZH, as amended by section 29(1) of

the Crimes (Amendment) Act 1997, to alter or vary section 85 of the
S. 585AAA inserted by No. 28/2016

s. 13.
CRIMES ACT 1958

- SECT 585AAA
Regulations

regulations for or with respect to any matter or thing required or permitted by
this Act to be prescribed or necessary to be prescribed to give effect to this
Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,

place or circumstances.
S.
585AAinserted by No. 70/2013
s. 5(Sch. 3 item 1).
CRIMES ACT 1958

- SECT 585AA
Transitional provisions—(Crimes (Theft) Act 1973)
(1) Section 3(1) of the Crimes (Theft) Act

1973 continues in effect despite its repeal.
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.
(2) Except as regards offences committed before the commencement of

the Crimes (Theft) Act 1973 and except insofar as the context otherwise
requires—
(a) references in any enactment passed before the commencement of the

Crimes (Theft) Act 1973 to an offence abolished by that 1973 Act shall,
subject to any express amendment or repeal made by that 1973 Act, have effect as
references to the corresponding offence under Division 2 of Part I of this Act
and in any such enactment the expression "receive" (when it relates to an
offence of receiving) shall mean handle, and "receiver" shall be construed
accordingly; and
(b) without prejudice to paragraph (a), references in any enactment,

whenever passed, to theft or stealing (including references to stolen goods),
and references to robbery, blackmail, burglary, aggravated burglary or handling
stolen goods shall be construed in accordance with the provisions of Division 2
of Part I of this Act.
(3) Division 2 of Part I of this Act as re-enacted by the Crimes

(Theft) Act 1973, shall, save as otherwise provided by that 1973 Act, have
effect only in relation to offences wholly or partly committed on or after the
commencement of that 1973 Act.
(4) The re-enactment by this section of sections 3(2) and 4 of the

Crimes (Theft) Act 1973 does not affect the operation of any Act enacted
after that 1973 Act.
S.
585ABinserted by No. 70/2013
CRIMES ACT 1958

- SECT 585AB
Transitional provisions—(Crimes (Criminal Damage) Act 1978)
(1) The provisions of this Act as in force

immediately before the commencement of the Crimes (Criminal Damage) Act 1978
shall apply to and with respect to offences against this Act as so in force
committed or alleged to have been committed before the commencement of that 1978
Act.
(2) The provisions of this Act as amended by the Crimes (Criminal

Damage) Act 1978 shall apply to and with respect to offences against this
Act as so amended committed or alleged to have been committed on or after the
commencement of that 1978 Act.
(3) Section 3 of the Crimes (Criminal Damage)

Act 1978 continues in effect despite its repeal.
Note
Section 3 of the Crimes (Criminal Damage) Act 1978 abolished the

common law offence of arson for all purposes not related to offences committed
before the commencement of that 1978 Act.
(4) The re-enactment by this section of section 1(4) and (5) of

the Crimes (Criminal Damage) Act 1978 does not affect the operation
of any Act enacted after that 1978 Act.
S.
585ACinserted by No. 70/2013
CRIMES ACT 1958
- SECT 585AC
Transitional provisions—(Crimes (Classification of Offences) Act 1981)
(1) Notwithstanding section 3A(1) of this Act

as amended by the Crimes (Classification of Offences) Act 1981, the
provisions of that subsection shall apply only in relation to acts of violence
occurring after the commencement of the Crimes (Classification of Offences)
Act 1981.
(2) Notwithstanding sections 3A(2) and 322D of this Act as amended by

the Crimes (Classification of Offences) Act 1981, the felony-murder
rule referred to in section 3A(2) shall continue to have full force and
effect in relation to acts of violence which occurred before the commencement of
the Crimes (Classification of Offences) Act 1981.
(3) Section 9 of the Crimes (Classification of Offences) Act 1981

continues in effect despite its repeal.
Note
Section 9 of the Crimes (Classification of Offences) Act 1981

abolished any power to bring proceedings for an indictable offence by criminal
information in the Supreme Court or in the County Court.
(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
CRIMES ACT 1958

- SECT 585AD
Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
(1) The abolition of the offence of conspiracy

at common law effected by section 321F of this Act as amended by the
Crimes (Conspiracy and Incitement) Act 1984 shall not
affect—
(a) any proceedings commenced before the commencement of the Crimes

(Conspiracy and Incitement) Act 1984; or
(b) any proceedings commenced after the commencement of the Crimes

(Conspiracy and Incitement) Act 1984 in respect of an agreement which is
alleged to have been made at a time prior to the commencement of that 1984
Act.
(2) The abolition of the offence of incitement at common law effected by

section 321L of this Act as amended by the Crimes (Conspiracy and
Incitement) Act 1984 shall not affect—
(a) any proceedings commenced before the commencement of the Crimes

(Conspiracy and Incitement) Act 1984; or
(b) any proceedings commenced after the commencement of the Crimes

(Conspiracy and Incitement) Act 1984 in respect of an offence of incitement
alleged to have been committed at a time prior to the commencement of that 1984
Act.
(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.
(4) The re-enactment by this section of sections 4, 5 and 6 of the

Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation
of any Act enacted after that 1984 Act.
S.
585AEinserted by No. 70/2013
CRIMES ACT 1958

- SECT 585AE
Transitional provisions—(Crimes (Custody and Investigation) Act 1988)
(1) This Act as amended by sections 4 and 5 of

the Crimes (Custody and Investigation) Act 1988 applies
to—
(a) persons taken into custody; or
(b) persons questioned; or
(c) persons in respect of whom an application is made under section

464B(1) to a court—
in a proclaimed region after the commencement of the Crimes

(Custody and Investigation) Act 1988.
Note
The whole of Victoria was proclaimed to be a proclaimed region on the same

day that the Crimes (Custody and Investigation) Act 1988
commenced.
(2) The re-enactment by this section of section 6(2) of the Crimes

(Custody and Investigation) Act 1988 does not affect the operation of
any Act enacted after that 1988 Act.
S.
585AFinserted by No. 70/2013
CRIMES ACT 1958

- SECT 585AF
Transitional provisions—(Crimes (Fingerprinting) Act 1988)
(1) This Act as amended by a section of the

Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the
Crimes Legislation (Miscellaneous Amendments) Act 1989 applies only with
respect to fingerprints taken after the commencement of section 9 of the
Crimes (Fingerprinting) Act 1988.
(2) The re-enactment by this section of section 9 of the Crimes

(Fingerprinting) Act 1988 does not affect the operation of any Act enacted
after that 1988 Act.

CRIMES ACT 1958

- SECT 585A
Transitional provisions—(Crimes (Sexual Offences) Act 1991)
(1) The amendments made by the following

provisions of the Crimes (Sexual Offences) Act 1991 apply to a
proceeding that occurs on or after the commencement of the provision,
irrespective of when the offence to which the proceeding relates is alleged to
have been committed—
(a) section 3 to the extent that it—
(i) abolishes the requirement of corroboration in sections

51(5), 54(2)
and 55(2) of this Act by repealing those sections;
(ii) inserts a new section 61 in this Act;
(b) section 6(c);
(c) any provision of Part 3;
(d) any provision of section 13, 15, 16(1)(a), (b), (c), (d) or (e) or
19.
(2) Subject to subsection (1)(a), the amendments made by section 3, 6(a),

6(b), 6(d) or 6(e) of the Crimes (Sexual Offences) Act 1991 apply only to
offences alleged to have been committed after the commencement of that
section.
(3) The amendments made by any provision of section 4, 5, 14, 16(1)(f) or

16(2) of the Crimes (Sexual Offences) Act 1991 apply only to proceedings
relating to offences alleged to have been committed after the commencement of
the provision.
(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.
CRIMES ACT 1958

- SECT 585B
Transitional provisions—(Crimes (Amendment) Act 1993)
(1) This Act, as amended by section 7 of the

Crimes (Amendment) Act 1993, does not apply to an application to a court
for fingerprints or a blood sample—
(a) made before the commencement of section 7 of that Act;

or
(b) made after that commencement arising from a refusal to give

fingerprints or a blood sample before the commencement.
(2) Subject to section 464P of this Act (as inserted by the Crimes
(Amendment) Act 1993) this Act as in force immediately before the
commencement of section 7 of the Crimes (Amendment) Act 1993
continues to apply to fingerprints and blood samples taken before that
commencement.
(3) The re-enactment by this section of section 11 of the Crimes

(Amendment) Act 1993 does not affect the operation of any Act enacted after
the Crimes (Amendment) Act 1993.

CRIMES ACT 1958

- SECT 585C
Transitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996)
(1) This Act as amended by sections 6(1) and

6(3) of the Miscellaneous Acts (Omnibus Amendments) Act 1996 applies only
with respect to applications for warrants made on or after the commencement of
section 6 of that 1996 Act under section 465 of this Act or section 81 of the
Drugs, Poisons and Controlled Substances Act 1981.
(2) This Act as amended by section 8 of the Miscellaneous Acts (Omnibus

Amendments) Act 1996 applies to any child pornography, film, photograph,
publication or computer game seized, whether before or after the commencement of
section 8 of that 1996 Act.
(3) The expressions used in subsection (2) have the same meaning as in
section 67A of this Act.
(4) The re-enactment by this section of sections 6(4) and 9 of the

Miscellaneous Acts (Omnibus Amendments) Act 1996 does not affect the
operation of any Act enacted after the Miscellaneous Acts (Omnibus
Amendments) Act 1996.

CRIMES ACT 1958
- SECT 585D
Transitional provisions—(Sentencing and Other Acts (Amendment) Act 1997)
(1) The amendment of this Act made by section

54 or 56 of the Sentencing and Other Acts (Amendment) Act 1997
applies only to offences alleged to have been committed after the
commencement of that amendment.
(2) For the purposes of subsection (1), if an offence is alleged to have

been committed between two dates and an amendment of this Act by section 54 or
56 of the Sentencing and Other Acts (Amendment) Act 1997 commenced on a
date between those two dates, the offence is alleged to have been committed
before the commencement of that amendment.
(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.
(4) The re-enactment by this section of section 63 of the Sentencing

and Other Acts (Amendment) Act 1997 does not affect the operation of any Act
enacted after the Sentencing and Other Acts (Amendment) Act
1997.
S. 586
s. 25.
CRIMES ACT 1958

- SECT 586
Transitional provisions (Sentencing (Amendment) Act 1997)
(1) The amendment of section 443A(3) made by

section 22(12) of the Sentencing (Amendment) Act 1997 effecting a change
from indictable to summary in the nature of an offence against that section
applies to a proceeding for an offence that is commenced after the commencement
of section 22(12) of that Act, irrespective of when the offence to which
the proceeding relates is alleged to have been committed.
(2) The amendments of section 567A made by section 24 of the

Sentencing (Amendment) Act 1997 apply to appeals against sentences
passed after the commencement of section 24 of that Act, irrespective of when
the offence was committed.
(3) For the purposes of subsection (2) a sentence passed by an appellate

court on setting aside a sentencing order must be taken to have been passed at
the time the original sentencing order was made.
S. 587
s. 8.
CRIMES ACT 1958

- SECT 587
Transitional provisions (Crimes (Amendment) Act 1997—Part 2)
(1) The amendments of this Act made by sections

4, 6 and 7 of the Crimes (Amendment) Act 1997 apply to any trial that
commences on or after 1 January 1998, irrespective of when the offence to
which the trial relates is alleged to have been committed.
(2) For the purposes of subsection (1), a trial commences on arraignment

of the accused in accordance with Subdivision (12) of Division 1 of Part
III.
(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.

been committed between two dates of which one is before and one is on or after
1 January 1998, the offence is alleged to have been committed before
1 January 1998.
(5) The amendments of section 47A of this Act made by section 5(2), (3),
(4) and (5) of the Crimes (Amendment) Act 1997 apply to offences against
section 47A(1) for which a charge is filed on or after 1 January 1998,
irrespective of when the offence is alleged to have been committed.
S. 588
s. 15.
CRIMES ACT 1958

- SECT 588
(1) Section 398A applies to any trial,

committal proceeding or hearing of a charge for an offence that commences on or
after 1 January 1998, irrespective of when the offence to which the trial,
committal proceeding or hearing relates is alleged to have been
committed.
(a) a trial commences on arraignment of the accused in accordance with

Subdivision (12) of Division 1 of Part III; and
(b) a committal proceeding commences on the committal mention date;

and
(c) a hearing of a charge for an offence commences on the taking of a

formal plea from the accused.
S.
589inserted by No.
81/1997s. 30.
CRIMES ACT 1958

- SECT 589
(1) The amendment of this Act made by section

16(f), 17 or 18 of the Crimes (Amendment) Act 1997 applies to
applications made under section 464T(1), 464U(3) or 464V (as the case
requires) irrespective of when the offence in respect of which the application
is made is alleged to have been committed.
(2) The amendment of this Act made by section 22 of the Crimes

(Amendment) Act 1997 only applies with respect to orders made by a court on
or after the commencement of that section.
(3) The amendments of this Act made by section 24 of the Crimes

(Amendment) Act 1997 apply to any proceedings that commence on or after the
commencement of that section of that Act, irrespective of when the offence to
which the proceedings relate is alleged to have been committed.

Subdivision (12) of Division 1 of Part III; and
(b) a committal proceeding commences on the committal mention date;

and
(c) a hearing of a charge for an offence commences on the taking of a

formal plea from the accused.
(5) The first report submitted to the Attorney-General in accordance with

section 464ZFE must relate to the period beginning with the day on which
section 26 of the Crimes (Amendment) Act 1997 comes into
operation.
(6) The amendments of section 464ZG(3)(a) and (4)(a) made by section

27(2)(b) and (3)(b) of the Crimes (Amendment) Act 1997 apply only to
samples taken in forensic procedures conducted on or after the commencement of
section 27 of that Act and any related material and information within the
meaning of Subdivision (30A) of Division 1 of Part III in relation to such
samples.
(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.

been committed between two dates and section 27 of the Crimes (Amendment) Act
1997 commences on a date between those two dates, the offence is alleged to
have been committed before the commencement of that section.
S. 590
inserted by No.
80/1998s. 4.
CRIMES ACT 1958

- SECT 590
Transitional provision—Crimes, Confiscation and Evidence Acts (Amendment) Act
1998
The amendments to this Act made by

section 3 of the Crimes, Confiscation and Evidence Acts (Amendment) Act
1998 apply only with respect to forensic procedures within the meaning of
Subdivision (30A) of Division 1 of Part III conducted after the commencement of
that section.
S. 590
inserted by No.
65/1998s. 4,
re-numbered as s. 591 by No.
10/1999 s. 31(5)(e).
CRIMES ACT 1958

- SECT 591
Transitional provision—Crimes (Amendment) Act 1998
(1) The amendments of section 60B of this Act

made by section 3 of the Crimes (Amendment) Act 1998 apply only to
offences alleged to have been committed after the commencement of section
3.
(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
s. 20.
CRIMES ACT 1958

- SECT 592
Transitional provisions—Magistrates' Court (Amendment) Act 1999
The amendments of this Act made by

section 18(4) of the Magistrates' Court (Amendment) Act 1999 apply
only in relation to appeals to the Court of Appeal for which the notice of
appeal or notice of application for leave to appeal is given on or after
1 July 1999.

s. 8.
CRIMES ACT 1958

- SECT 593
Transitional provisions—Crimes (Amendment) Act 2000
(1) In this section commencement

day means the day on which the Crimes (Amendment) Act 2000 comes
into operation.
(2) The amendment of section 38 of this Act made by section 4 of the

Crimes (Amendment) Act 2000 applies only to offences alleged to have been
committed after the commencement day.
(3) The amendment of section 70 of this Act made by section 6 of the

Crimes (Amendment) Act 2000 applies only to offences alleged to have been
committed after the commencement day.
(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.

been committed between two dates, one before and one on or after 5 August 1991,
the offence is 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.

Subdivision (12) of Division 1 of Part III of this Act; and
(b) if conduct constituting an offence is alleged to have occurred

between
two dates, one before and one on or after 5 August 1991, the conduct is
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.

s. 7.
CRIMES ACT 1958
- SECT 593A
Transitional provision—Crimes (Questioning of Suspects) Act 2000
The amendments of this Act made by the Crimes

(Questioning of Suspects) Act 2000 applies to any person who is, at any time
on or after the commencement of that Act, a person of a kind referred to in
section 464B(1)(a), irrespective of when the offence to which the
questioning or investigation relates was committed or alleged to have been
committed.

s. 12.
CRIMES ACT 1958

- SECT 594
Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000
The amendments of section 359AA of this Act made

by section 11 of the Magistrates' Court (Committal Proceedings) Act 2000
apply to applications made under that section on or after the commencement of
that section of that Act irrespective of when the charge for the summary offence
was filed under section 26 of the Magistrates' Court Act 1989.

s. 19.
CRIMES ACT 1958

- SECT 596
Transitional provisions—Crimes (DNA Database) Act 2002
(1) The amendments of section 464Z of this Act

made by section 7 of the Crimes (DNA Database) Act 2002 apply to the
taking of a scraping of the mouth on or after the commencement of section 7 of
that Act.
(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.
(3) The amendment of this Act made by section 16 of the Crimes

(DNA Database) Act 2002 applies to any offence or suspected offence,
irrespective of when the offence is alleged to have been committed.
(4) The amendments of this Act made by section 17 of the Crimes

(DNA Database) Act 2002 only apply to offences alleged to have been
committed on or after the commencement of section 17 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. 9.
CRIMES ACT 1958

- SECT 597
Transitional provision—Crimes (Property Damage and Computer Offences) Act
2003
(1) The amendments of this Act made by the

Crimes (Property Damage and Computer Offences) Act 2003 apply only to
offences alleged to have been committed on or after the commencement of that
Act.

been committed between two dates, one before and one after the commencement of
the Crimes (Property Damage and Computer Offences) Act 2003, the offence
is alleged to have been committed before that commencement.

s. 6.
CRIMES ACT 1958

- SECT 598
Transitional provision—Crimes (Stalking) Act 2003
(1) The amendments of section 21A of this Act

made by Part 2 of the Crimes (Stalking) Act 2003 apply to offences
alleged to have been committed on or after the commencement of that
Act.

the Crimes (Stalking) Act 2003, the offence is alleged to have been
committed before that commencement.
(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.

s. 4.
CRIMES ACT 1958

- SECT 599
Transitional provision—Crimes (Money Laundering) Act 2003

Crimes (Money Laundering) Act 2003 apply only to offences alleged to have
been committed on or after the commencement of section 3 of that Act.
section 3 of the Crimes (Money Laundering) Act 2003, the offence is
alleged to have been committed before that commencement.

s. 8.
CRIMES ACT 1958

- SECT 600
Transitional provisions—Crimes (Dangerous Driving) Act 2004
(1) Section 88 (as amended by section 3 of the

Crimes (Dangerous Driving) Act 2004) applies only to offences alleged to
have been committed on or after the commencement of that Act.
(2) Section 88A (as inserted by section 4 of the Crimes (Dangerous

Driving) Act 2004) applies to any trial that commences on or after the
commencement of that Act regardless of when the offences are alleged to have
been committed.
(3) Section 319 (as inserted by section 6 of the Crimes (Dangerous

Driving) Act 2004) applies only to offences alleged to have been committed
on or after the commencement of that Act.
(a) if an offence is alleged to have been committed between two dates,

one
before and one after the commencement of the Crimes (Dangerous Driving) Act
2004, the offence is alleged to have been committed before that
commencement; and
(b) a trial commences on arraignment of the accused in accordance with

Subdivision (12) of Division 1 of Part III of this Act.

s. 33.
CRIMES ACT 1958

- SECT 601
Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
(1) An amendment made to this Act by a

provision of the Children and Young Persons (Age Jurisdiction) Act 2004
applies to all persons on and after the commencement of that provision
regardless of whether or not immediately before that
commencement—
(a) the person was in custody within the meaning of Subdivision (30A)
of
Division 1 of Part III; or
(b) the person had consented to undergo a forensic procedure under

section
464R but the procedure had not yet been conducted; or
(c) the conduct of a non-intimate compulsory procedure was authorised
under section 464SA but the procedure had not yet been conducted;
or
(d) the person had consented to give a sample in accordance with

section
464ZGB but the sample had not yet been taken.
(2) Without limiting subsection (1) or section 14(2) of the

Interpretation of Legislation Act 1984, an amendment made to this Act by
a provision of the Children and Young Persons (Age Jurisdiction) Act 2004
does not affect any order made by a court under Subdivision (30A) of Division 1
of Part III before the commencement of that provision and any such order
may be executed or enforced, and any period of custody specified in it may be
extended, as if this Act had not been amended by that provision.

s. 7.
CRIMES ACT 1958

- SECT 602
Transitional provision—Crimes (Contamination of Goods) Act 2005

Crimes (Contamination of Goods) Act 2005 apply only to offences alleged
to have been committed on or after the commencement of that Act.

the Crimes (Contamination of Goods) Act 2005, the offence is alleged to
have been committed before that commencement.

s. 7.
CRIMES ACT 1958

- SECT 603
Transitional provision—Crimes (Homicide) Act 2005
(1) An amendment of this Act made by section 3,

4, 5 or 6 of the Crimes (Homicide) Act 2005 applies only to offences
Act.
(2) For the purposes of subsection (1) if an offence is alleged to have

the Crimes (Homicide) Act 2005, the offence is alleged to have been

s. 15.
CRIMES ACT 1958

- SECT 604
Transitional provision—Justice Legislation (Miscellaneous Amendments) Act
2006
The amendments made to this Act by sections 13
and 14 of the Justice Legislation (Miscellaneous Amendments) Act 2006
only apply to appeals for which the notice of appeal or notice of application
for leave to appeal is given after the commencement of those sections.

s. 18.
CRIMES ACT 1958

- SECT 605
Transitional provision—Justice Legislation (Further Miscellaneous Amendments)
Act 2006
(1) The amendments made to this Act by

sections 3(b), 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the
Justice Legislation (Further Miscellaneous Amendments) Act 2006 only
apply with respect to findings of not guilty because of mental impairment on or
after the commencement of that Act.
(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.

s. 11.
CRIMES ACT 1958

- SECT 606
Transitional provision—Courts Legislation (Jurisdiction) Act 2006
(1) Section 353(2B) applies with respect to an

offence for which a presentment is served on or after the commencement of
section 6 of the Courts Legislation (Jurisdiction) Act 2006, irrespective
of when the offence is alleged to have been committed.
(2) The amendments made to this Act by section 7 of the Courts

Legislation (Jurisdiction) Act 2006 apply to a proceeding that occurs on or
after the commencement of that section, irrespective of when the offence to
which the proceeding relates is alleged to have been committed.
(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.
(4) For the purposes of subsection (3) a trial commences on arraignment of

the accused in accordance with Subdivision (12) of Division 1 of Part
III.
(5) The amendments made to this Act by section 10 of the Courts
Legislation (Jurisdiction) Act 2006 apply in relation to appeals heard
by the Court of Appeal on or after the commencement of that section irrespective
of when—
(a) the notice of appeal or notice of application for leave to appeal

was
given; or
(b) the offence is alleged to have been committed.

s. 19A (as amended by No. 76/2006 s. 10).
CRIMES ACT 1958

- SECT 606A
Transitional provision—Crimes (Sexual Offences) Act 2006
(1) An amendment made to this Act by a

provision of section 4 or 5 of the Crimes (Sexual Offences) Act 2006
applies to any trial that commences on or after the commencement of that
provision, irrespective of when the offence to which the trial relates is
alleged to have been committed.
(2) An amendment made to this Act by a provision of section 6, 8, 9, 10,

11, 12 or 17(4) or (5) of the Crimes (Sexual Offences) Act 2006
applies only to offences alleged to have been committed on or after the
commencement of that provision.

of the accused in accordance with Subdivision (12) of Division 1 of
Part III.
(4) For the purposes of subsection (2), if an offence is alleged to

have been committed between two dates, one before and one after the
commencement of a provision of the Crimes (Sexual Offences) Act 2006, the
offence is alleged to have been committed before the commencement of that
provision.

s. 4.
CRIMES ACT 1958

- SECT 607
Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006
The amendments made to this Act by

section 3 of the Crimes (Sexual Offences) (Further Amendment) Act
2006 apply to any proceeding that commences on or after the commencement of
that section, irrespective of when the offence to which the proceeding relates
is alleged to have been committed.

s. 12.
CRIMES ACT 1958
- SECT 608
Transitional provisions—Crimes Amendment (DNA Database) Act 2007
(1) An amendment made to this Act by the

Amendment Act applies only to offences alleged to have been committed on or
after the commencement of that Act.

been committed between 2 dates, one before and one after the commencement of the
Amendment Act, the offence is alleged to have been committed before the
commencement of that Act.
(3) On the commencement of the Amendment Act, a computerised database or

DNA database kept under section 464ZFD before that commencement is taken to be
the DNA database system kept under section 464ZFD(1AA) by the Chief Commissioner
of Police.
(4) A matching of a DNA profile made in accordance with the Table to

section 464ZGI before the commencement of the Amendment Act continues on and
after that commencement as if the matching had occurred in accordance with the
Table as in force after that commencement.
(5) An arrangement under section 464ZGN in force immediately before the

commencement of the Amendment Act continues in force on the same terms and
conditions and for the same period after that commencement as if it had been
entered into under section 464ZGN as in force after that commencement.
"Amendment Act" means the Crimes Amendment (DNA Database)

Act 2007.

s. 9.
CRIMES ACT 1958

- SECT 609
Transitional provision—Crimes Amendment (Rape) Act 2007
(1) An amendment made to this Act by

section 3, 4 or 8 of the Crimes Amendment (Rape) Act 2007
applies to any trial that commences on or after the commencement of that section
of that Act, irrespective of when the offence to which the trial relates is
alleged to have been committed.
(2) An amendment made to this Act by section 5, 6 or 7 of the

Crimes Amendment (Rape) Act 2007 applies only to offences alleged to have
been committed on or after the commencement of those sections of that
Act.

of the accused in accordance with Subdivision (12) of Division 1 of Part
III.

sections 5, 6 and 7 of the Crimes Amendment (Rape) Act 2007, the offence
is alleged to have been committed before the commencement of those sections of
that Act.

s. 6.
CRIMES ACT 1958

- SECT 610
Transitional provision—Crimes Amendment (Child Homicide) Act 2008

Crimes Amendment (Child Homicide) Act 2008 apply only to offences alleged
to have been committed on or after the commencement of that Act.
(2) For the purposes of subsection (1) if an offence is alleged to have

the Crimes Amendment (Child Homicide) Act 2008, the offence is alleged to
have been committed before that commencement.

s. 4.
CRIMES ACT 1958

- SECT 612
Transitional provision—Justice Legislation Amendment (Sex Offences Procedure)
Act 2008

section 3 of the Justice Legislation Amendment (Sex Offences Procedure)
Act 2008—
(a) apply to any legal proceeding that commences before or after

the commencement of section 3, irrespective of when the offence to which the
proceeding relates is alleged to have been committed; but
(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.

s. 51.
CRIMES ACT 1958

- SECT 613
Transitional provision—Statute Law Amendment (Evidence Consequential
Provisions) Act 2009
(1) This Act, as amended by the Statute Law
Amendment (Evidence Consequential Provisions) Act 2009, applies to any
proceeding commenced on or after the day that Act commences.
(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.
(3) This Act as in force immediately before the commencement of the

Statute Law Amendment (Evidence Consequential Provisions) Act 2009
continues to apply to any hearing in a proceeding that commenced before the day
that Act commenced and that—
(a) continues on or after that day; or
(b) was adjourned until that day or a day after that day.

s. 5 (as amended by No. 30/2010 s. 84(1)).
CRIMES ACT 1958

- SECT 614
Transitional provision—Justice Legislation Miscellaneous Amendments Act 2009
Section 464H as amended by section 3 of the

Justice Legislation Miscellaneous Amendments Act 2009 applies to an audio
recording or an audiovisual recording made on or after the commencement of
section 3 of that Act.

s. 46.
CRIMES ACT 1958

- SECT 615
Transitional provision—Transport Legislation Amendment (Hoon Boating and
Other Amendments) Act 2009
(1) Division 9 of Part I as amended by

sections 44 and 45 of the Transport Legislation Amendment (Hoon Boating
and Other Amendments) Act 2009 applies only to offences alleged to have been
committed on or after the commencement of sections 44 and 45 of that
Act.
(2) For the purposes of this section, if an offence is alleged to have

sections 44 and 45 of the Transport Legislation Amendment (Hoon Boating and
Other Amendments) Act 2009, the offence is alleged to have been committed

s. 6.
CRIMES ACT 1958

- SECT 616
Transitional provision—Justice Legislation Further Amendment Act 2010
The amendments made to sections 464JA, 464JC and

464JD by Part 2 of the Justice Legislation Further Amendment Act 2010
apply to an audio recording or an audiovisual recording made on or after the
commencement of that Part.

s. 4.
CRIMES ACT 1958

- SECT 617
Transitional provision—Crimes Amendment (Bullying) Act 2011
(1) Section 21A as amended by section 3 of the

Crimes Amendment (Bullying) Act 2011 applies only to offences alleged to
have been committed on or after the commencement of section 3 of that
Act.

section 3 of the Crimes Amendment (Bullying) Act 2011, the offence is

s. 6.
CRIMES ACT 1958

- SECT 618
Transitional provision—Crimes Amendment (Gross Violence Offences) Act 2013
(1) This Act as amended by Part 2 of the

Crimes Amendment (Gross Violence Offences) Act 2013 applies to offences
Act.

Crimes Amendment (Gross Violence Offences) Act 2013, the offence is

s. 4.
CRIMES ACT 1958
- SECT 619
Transitional provision—Crimes Amendment (Integrity in Sports) Act 2013
(1) This Act as amended by the Crimes

Amendment (Integrity in Sports) Act 2013 applies to offences alleged to have
been committed on or after the commencement of that Act.

Crimes Amendment (Integrity in Sports) Act 2013, the offence is alleged
to have been committed before that commencement.

s. 17.
CRIMES ACT 1958

- SECT 620
Transitional provision—Crimes Amendment (Investigation Powers) Act 2013
(1) This Act as amended by sections 4, 5(2), 6,

7 and 8 of the Crimes Amendment (Investigation Powers) Act 2013
applies to questioning for or investigation of any offence that occurs on or
after the commencement of sections 4, 5(2), 6, 7 and 8 of that Act,
irrespective of when the offence under investigation is alleged to have been
committed.
(2) This Act as amended by sections 11 and 12 of the Crimes Amendment

(Investigation Powers) Act 2013 applies to persons found guilty, or not
guilty because of mental impairment, on or after the commencement of sections 11
and 12 of that Act, irrespective of when the offence is alleged to have been
committed.

s. 4.
CRIMES ACT 1958

- SECT 621
Transitional provision—Crimes Amendment (Grooming) Act 2014
Section 49B as inserted by the Crimes

Amendment (Grooming) Act 2014 applies to an offence alleged to have been
committed on or after the commencement of that Act.
S. 621A (Heading) amended by

No. 38/2017 s. 81(2).
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
Section 465AA applies with respect to a warrant

issued under section 465 irrespective of whether the warrant was issued before,
on or after the commencement of section 69 of the Justice Legislation
Amendment (Confiscation and Other Matters) Act 2014.
S. 622 inserted by
No. 36/2014 s. 5.
CRIMES ACT 1958

- SECT 622
Transitional provision—Crimes Amendment (Protection of Children) Act 2014
(1) Section 49C as inserted by section 3 of the

Crimes Amendment (Protection of Children) Act 2014 applies to an offence
alleged to have been committed on or after the commencement of section 3 of that
Act, irrespective of when the risk was created.
S. 622(2) amended by No. 36/2014

s. 7(3).
(2) Section 327 as inserted by section 4 of the Crimes Amendment

(Protection of Children) Act 2014 applies to a person if the victim of the
alleged sexual offence is still a child under the age of 16 years on the
commencement of section 4 of that Act (irrespective of whether information is
received or a reasonable belief is formed before or after the commencement of
section 4 of that Act) unless the person has already disclosed the
information referred to in section 327(2) to a police officer before the
commencement of section 4 of that Act.
S. 623 inserted by
No. 63/2014 s. 8.
CRIMES ACT 1958

- SECT 623
Transitional provision—Crimes Amendment (Abolition of Defensive Homicide) Act
2014
(1) This Act as amended by sections 3 and 4 of

the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 applies
to offences alleged to have been committed on or after the commencement of
sections 3 and 4 of that Act.

been committed between 2 dates, one before and one after the commencement
of sections 3 and 4 of the Crimes Amendment (Abolition of Defensive Homicide)
Act 2014, the offence is alleged to have been committed before that
commencement.
(3) This Act as amended by section 6 of the Crimes Amendment (Abolition

of Defensive Homicide) Act 2014 applies to offences alleged to have been
committed on or after the commencement of section 6 of that Act.

been committed between 2 dates, one before and one after the commencement of
section 6 of the Crimes Amendment (Abolition of Defensive Homicide) Act
commencement.
S. 624 inserted by
No. 72/2014 s. 5.
CRIMES ACT 1958

- SECT 624
Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and
Other Matters) Act 2014
(1) Section 4A only applies to an offence

alleged to have been committed on or after the commencement of section 3 of the
Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act
2014.

section 3 of the Sentencing Amendment (Coward's Punch Manslaughter and Other
Matters) Act 2014, it is alleged to have been committed before that
commencement.

s. 12 (as amended by No. 72/2014 s. 13(3)(4)).
CRIMES ACT 1958

- SECT 625
Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014

section 11 of the Sentencing Amendment (Emergency Workers) Act 2014
only apply to the sentencing of an offender on or after the commencement of that
section for an offence alleged to have been committed on or after that
commencement.

section 11 of the Sentencing Amendment (Emergency Workers) Act 2014, the
offence is alleged to have been committed before that commencement.

s. 9.
CRIMES ACT 1958

- SECT 626
Transitional provision—Crimes Amendment (Sexual Offences and Other Matters)
Act 2014
(1) The amendments made to this Act by sections

3 and 7(2) and (3) of the Crimes Amendment (Sexual Offences and Other
Matters) Act 2014 apply only to offences alleged to have been committed on
or after the commencement of those sections.

been committed between 2 dates, one before and one on or after the commencement
of sections 3 and 7(2) and (3) of the Crimes Amendment (Sexual Offences
and Other Matters) Act 2014, the offence is alleged to have been committed
(3) The amendments made to this Act by section 6 of the Crimes

Amendment (Sexual Offences and Other Matters) Act 2014 apply only to an
offence alleged to have been committed on or after the commencement of that
section.

section 6 of the Crimes Amendment (Sexual Offences and Other Matters) Act
commencement.
(5) The amendments made to this Act by section 8 of the Crimes

Amendment (Sexual Offences and Other Matters) Act 2014 apply to a proceeding
that commences before, on or after the commencement of that section,
irrespective of when the offence to which the proceeding relates is alleged to
have been committed.
(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.
CRIMES ACT 1958

- SECT 627
Transitional provision—Justice Legislation Amendment Act 2015

section 22 of the Justice Legislation Amendment Act 2015 apply only
to offences alleged to have been committed on or after the commencement of that
section.

of section 22 of the Justice Legislation Amendment Act 2015, the offence
is alleged to have been committed before that commencement.

s. 11.
CRIMES ACT 1958

- SECT 628
Transitional provision—Crimes Amendment (Child Pornography and Other Matters)
Act 2015
(1) Section 70AAAE applies to the following

proceedings or part proceedings, irrespective of when the offence to which the
proceeding relates is alleged to have been committed—
(a) a trial that commences on or after the day on which section 6 of

the Crimes Amendment (Child Pornography and Other Matters) Act 2015 comes
into operation (the commencement day);
Note
See section 210 of the Criminal Procedure Act 2009 for when a trial
commences.
(b) a summary proceeding that commences on or after the commencement

day;
(c) for a summary proceeding that commenced before the commencement

day,
that part of the proceeding that takes place on or after that day, other than
any hearing in the proceeding that commenced before that day and continued
on or after that day or was adjourned until that day or a day after that
day.
(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.
CRIMES ACT 1958

- SECT 628A
Transitional provision—Children and Justice Legislation Amendment (Youth
Justice Reform) Act 2017
(1) The amendments made to this Act by Division

1 of Part 8 of the Children and Justice Legislation Amendment
(Youth Justice Reform) Act 2017 apply to the sentencing of an offender for
an offence alleged to have been committed on or after the commencement of that
Part.
been committed between 2 dates, one before and one after the commencement
of Division 1 of Part 8 of the Children and Justice Legislation
Amendment (Youth Justice Reform) Act 2017, the offence is
S. 629 inserted by
No. 47/2016 s. 22.
CRIMES ACT 1958

- SECT 629
Transitional provision—Crimes Amendment (Sexual Offences) Act 2016

section 21 of the Crimes Amendment (Sexual Offences) Act 2016 apply
only to a trial that commences (within the meaning of section 210 of the
Criminal Procedure Act 2009) on or after the day on which that section
S. 630 inserted by
No. 54/2016 s. 30.
CRIMES ACT 1958

- SECT 630
Transitional provision—Police and Justice Legislation Amendment
(Miscellaneous) Act 2016
(1) An arrangement entered into by the Minister

under section 464ZGN(2) with CrimTrac before 1 July 2016 that is in
effect immediately before 1 July 2016 is taken, on and from
1 July 2016, to be an arrangement entered into by the Minister under
that section with the Australian Crime Commission.
(2) On and from 1 July 2016, information transmitted from

the Victorian DNA database to the Australian Crime Commission is taken
to have been lawfully transmitted in accordance with an
arrangement entered into under section 464ZGN(2).
(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).
"CrimTrac" means the CrimTrac Agency established as an

Executive Agency by the Governor-General by order under section 65 of the
Public Service Act 1999 of the Commonwealth.
s. 14.
CRIMES ACT 1958

- SECT 631
Transitional provision—Crimes Legislation Further Amendment Act 2017

Part 4 of the Crimes Legislation Further Amendment
Act 2017 apply only to offences alleged to have been committed
on or after the commencement of that Part.

of Part 4 of the Crimes Legislation Further Amendment Act 2017, the
offence is alleged to have been committed before that commencement.

s. 55.
CRIMES ACT 1958

- SECT 632
Transitional provision—Family Violence Protection Amendment Act 2017
Section 327 as amended by section 54 of the

Family Violence Protection Amendment Act 2017 applies to a
prosecution for an offence under section 327(2) that is commenced on or after
the day on which section 54 of that Act comes into operation irrespective of
when that offence is alleged to have been committed.

s. 10.
CRIMES ACT 1958

- SECT 633
Transitional provision—Justice Legislation Amendment (Victims) Act 2018
(1) Despite the amendment made to section

464ZGA by section 9 of the Justice Legislation Amendment (Victims)
Act 2018, section 464ZGA as in force immediately before the
commencement day continues to apply to—
(a) a sample that was taken in accordance with an order under section
464ZF(2) that was made before the commencement day; or
(b) a sample in respect of which an order under section 464ZFB(1) was

made
before the commencement day.
(2) Section 464ZGA, as amended by section 9 of the Justice

Legislation Amendment (Victims) Act 2018, applies in relation to
a sample—
(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.
"commencement day" means the day on which section 9 of the

Justice Legislation Amendment (Victims) Act 2018 comes
into operation.
S. 634 inserted by
No. 65/2017 s. 24(1).
CRIMES ACT 1958

- SECT 634
Transitional provision—Crimes Legislation Amendment (Protection of Emergency
Workers and Others) Act 2017
(1) For the purposes of sections 317AD

and 317AF as inserted by Division 1 of Part 2 of the
Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act
2017, a reference to an indictable offence
committed in connection with an offence alleged to have been committed
under section 317AC or 317AE, as the case requires, is a reference to
an offence committed on or after the commencement of that
Division.
(2) For the purposes of subsection (1), if an indictable offence is

committed between 2 dates, one before and one after the commencement of
Division 1 of Part 2 of the Crimes Legislation Amendment
(Protection of Emergency Workers and Others) Act 2017, the offence is
taken to have been committed before that commencement.

s. 77.
CRIMES ACT 1958

- SECT 635
Transitional provision—Justice Legislation Amendment (Police and Other
Matters) Act 2019
(1) The amendments made to this Act by sections

52, 53 and 55 of the Justice Legislation Amendment (Police and Other Matters)
Act 2019 apply—
(a) to an offence alleged to have been committed before the day on

which
those sections come into operation if a criminal proceeding in respect
of the alleged offence has not been commenced before that day;
and
(b) to an offence alleged to have been committed on or after the day

on
which those sections come into operation.
(2) The amendments made to this Act by section 62 of the Justice
Legislation Amendment (Police and Other Matters) Act 2019 apply to a
person found guilty or found not guilty because of mental impairment
on or after the day on which that section comes into operation.

s. 17.
CRIMES ACT 1958

- SECT 636
Transitional provision—Children Legislation Amendment Act 2019
(1) The amendment to section 327 of this Act

made by section 16 of the Children Legislation Amendment Act 2019
applies to an offence alleged to have been committed on or after the
commencement of that section of that Act.
(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.

s. 9.
CRIMES ACT 1958

- SECT 637
Transitional provision—Crimes Amendment (Manslaughter and Related Offences)
Act 2020
"amending Act" means the Crimes Amendment (Manslaughter and

Related Offences) Act 2020.
(2) Section 5 as amended by section 3 of the amending Act applies

to offences alleged to have been committed on or after the commencement of
section 3 of that Act.

of section 3 of the amending Act, the offence is alleged to have been committed
(4) Section 5A as amended by section 4(2) of the amending Act

applies to offences alleged to have been committed on or after the
commencement of section 4(2) of that Act.

of section 4(2) of the amending Act, the offence is alleged to have been
(6) Section 5B as inserted by section 5 of the amending Act applies to an

offence alleged to have been committed on or after the commencement of that
section.

of section 5 of the amending Act, the offence is alleged to have been committed
CRIMES ACT 1958

- FIRST SCHEDULE
First Schedule
Number of Act
Title of Act
Extent of Repeal
6103
Crimes Act 1957
The whole
6166
Crimes (Amendment) Act 1957
The whole
6167
Crimes (Parole Board) Act 1957
The whole
Sch. 2 repealed by No. 6958

s. 8(4)(d).
* * * * *
Sch. 3 substituted by No. 9848

s. 18(1), amended by No. 43/1994 s. 56(Sch. item 1.8), repealed by
No. 7/2009 s. 422(5) (as amended by No. 68/2009
s. 54(h)).
* * * * *
Sch. 4 amended by Nos 8338 s. 7(m),

9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2), repealed by No.
25/1989 s. 18(1), new Sch. 4 inserted by No. 49/1991
s. 119(7)(Sch. 4
item 4.4), repealed by No. 7/2009 s. 422(6) (as amended by No.
68/2009 s. 54(h)).
* * * * *
Sch. 5 amended by Nos 8338 s. 7(n),

9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2), repealed by No.
25/1989 s. 18(1), new Sch. 5 inserted by No. 49/1991
s. 119(7)(Sch. 4
item 4.4), repealed by No. 68/2009 s. 97(Sch. item
40.42).
* * * * *
Sch. 6
repealed.[53]
* * * * *
Sch. 7 repealed by No. 8143 s. 11, new

Sch. 7 inserted by No. 129/1993 s. 8, amended by Nos 20/2011
s. 5(2), 37/2014 s. 10(Sch. item 36.43).
CRIMES ACT 1958

- SCHEDULE 7
Schedule 7––Summary offences for which a person may be fingerprinted
Sections 464K, 464L, 464M
1 A summary offence where the maximum penalty (whether for a first or

subsequent offence) is or includes a period of imprisonment.
2 An offence under section 3(2) or 3(4) of the Court Security Act

1980.
3 An offence under section 6(2) of the Control of Weapons Act

1990.
4 An offence under section 36A of the Drugs, Poisons and Controlled

Substances Act 1981.
* * * * *
6 An offence under section 20, 24ZQ(3), 24ZR(1), 24ZR(2), 24ZR(3),

24ZS(1), 24ZS(2) or 35(6) of the Prevention of Cruelty to Animals Act
1986.
Sch. 7A inserted by No. 7546 s. 13,

substituted by No. 7782 s. 14, repealed by No. 8143
s. 11.
* * * * *
Sch. 8 repealed by No. 8143 s. 11, new

Sch. 8 inserted by No. 8870 s. 6(2), amended by Nos 9848 s. 18(1),
16/1986 s. 30, repealed by No. 25/1989 s. 18(1), new Sch. 8
inserted by No. 81/1997s. 31,
amended by Nos 67/2000 s. 7(7)–(9), 61/2001 s. 16(1)(c), 16/2002
s. 18(1)(2), 35/2002 s. 28(Sch. item 3.4), 10/2003 s. 8(a)(b),
77/2005 s. 8(3)(e), 27/2006 s. 16, 2/2006 ss 19B (as amended by No.
76/2006 s. 10), 42(a)(b), 7/2008 s. 7(3)(g), 18/2008 s. 5, 6/2013
s. 7, 72/2013 s. 18, 74/2014 s. 7(9), 47/2016
s. 23.
CRIMES ACT 1958

- SCHEDULE 8
Schedule 8––Forensic sample offences
Sections 464ZF, 464ZFAAA
A forensic sample offence is:
Offences against the person—non-sexual

offences
* * * * *
2 An offence against, or for which the penalty or the maximum or minimum

penalty is fixed by, section 4 (conspiracy to murder) (as amended) of the
Crimes Act 1958 repealed on 1 June 1984 by section 8(b) of the
Crimes (Conspiracy and Incitement) Act 1984.
* * * * *

penalty is fixed by, any of the following provisions (as amended) of the
Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the
Crimes (Amendment) Act 1985:
(a) section 17 (intentionally causing grievous bodily harm or

shooting,
etc. with intention to do grievous bodily harm or to resist or prevent
arrest);
(b) section 19 (inflicting bodily injury);
(c) section 19A (inflicting grievous bodily harm);
(d) section 20 (attempting to choke, etc. in order to commit an

indictable
offence).
* * * * *
Offences against the person—sexual

offences
* * * * *
7A An offence against section 45(1) (sexual penetration of child under the

age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes
Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences)
Act 1991 and repealed by section 5 of the Crimes (Amendment) Act
2000.
7B An offence against section 46(1) (sexual penetration of child aged

between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the
Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes
(Sexual Offences) Act 1991 and repealed by section 5 of the Crimes
(Amendment) Act 2000.

penalty is fixed by, any of the following provisions (as amended) inserted in
the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes
(Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3
of the Crimes (Rape) Act 1991:
(a) section 40 (rape);
(b) section 41 (rape with aggravating circumstances);
(c) section 43 (indecent assault with aggravating

circumstances).

penalty is fixed by, any of the following provisions (as amended) inserted in
the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes
(Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3
of the Crimes (Sexual Offences) Act 1991:
(a) section 44(1) (indecent assault);
(b) section 44(2) (indecent assault with aggravating

circumstances);
(c) section 45(1) (rape);
(d) section 45(2) (attempted rape);
(e) section 45(2) (assault with intent to commit rape);
(f) section 45(3) (rape with aggravating circumstances);
(g) section 45(4) (attempted rape with aggravating

circumstances);
(h) section 45(4) (assault with intent to commit rape with aggravating
circumstances);
(i) section 47(1) (sexual penetration of child under the age of

10);
(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);
(l) section 48(1) (sexual penetration of child aged between 10

and 16);
(m) section 48(2) (attempted sexual penetration of child aged between

10
and 16);
(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);
(p) section 51 (sexual penetration of mentally ill or intellectually

defective person);
(q) section 51 (attempted sexual penetration of mentally ill or

intellectually defective person);
(r) section 51 (assault with intent to take part in act of sexual

penetration with mentally ill or intellectually defective person);
(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;
(t) section 54 (procuring persons by threats or fraud);
(u) section 55 (administration of drugs, etc.);
(v) section 56 (abduction and detention);
(w) section 61 (unlawful detention for purposes of sexual

penetration).

penalty is fixed by, any of the following provisions (as amended) of the
Crimes Act 1958 repealed on 1 March 1981 by section 5 of
the Crimes (Sexual Offences) Act 1980:
(a) section 44(1) (rape);
(b) section 44(2) (rape with mitigating circumstances);
(c) section 45 (attempted rape);
(d) section 45 (assault with intent to rape);
(e) section 46 (unlawfully and carnally knowing and abusing a girl

under
the age of 10);
(f) section 47 (attempting to unlawfully and carnally know and abuse

girl
under the age of 10);
(g) section 47 (assault with intent to unlawfully and carnally know

and
abuse girl under the age of 10);
(h) section 48(1) (unlawfully and carnally knowing and abusing girl
aged
between 10 and 16);
(i) section 48(2) (attempting to unlawfully and carnally know

and abuse
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;
(l) section 54 (carnal knowledge of female mentally ill or

intellectually
defective person);
(m) section 54 (attempted carnal knowledge of female mentally ill or

intellectually defective person);
(n) section 54 (assault with intent to carnally know female mentally

ill
or intellectually defective person);
(o) section 55(1) (indecent assault);
(p) section 55(3) (felonious indecent assault);
(q) section 57(1) or (2) (procuring defilement of woman by threats or

fraud or administering drugs);
(r) section 59 (abduction of girl under eighteen with intent to have

carnal knowledge);
(s) section 60 (unlawful detention with intent to have carnal

knowledge);
(t) section 62 (forcible abduction of woman);
(u) section 68(1) (buggery);
(v) section 68(3A) or (3B) (indecent assault on male person);
(w) section 69(1) (act of gross indecency with girl under the age
of 16).

penalty is fixed by, section 61 (abduction of woman from motives of lucre) of
the Crimes Act 1958 repealed on 1 March 1980 by section 5 of the
Crimes (Sexual Offences) Act 1980.
11A An offence against section 38 or 39 of the Crimes Act 1958

inserted in the Crimes Act 1958 on 1 January 1992 by section 3 of the
Crimes (Rape) Act 1991 and repealed by section 4 of the Crimes
Amendment (Sexual Offences and Other Matters) Act 2014.
11B An offence against section 40 of the Crimes Act 1958 inserted

in the Crimes Act 1958 on 15 August 1993 by section 20 of the
Sentencing (Amendment) Act 1993 and repealed by section 4 of the
Crimes Amendment (Sexual Offences and Other Matters) Act 2014.
11C An offence against section 34B(1) of the Crimes Act 1958

(offence to interfere with corpse of a human being) inserted in the
Crimes Act 1958 on 1 July 2005 by section 185 of the
Cemeteries and Crematoria Act 2003 and repealed by section 3 of the
Crimes Amendment (Sexual Offences) Act 2016.
11D An offence against any of the following provisions of
the Crimes Act 1958 inserted in the Crimes Act 1958 on
5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991
and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act
2016:
(a) section 44(1), (2), (3) or (4) (incest);
(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);
(d) section 48(1) (sexual penetration of 16 or 17 year old

child);
(e) section 53(1) (administration of drugs etc.);
(f) section 54 (occupier etc. permitting unlawful sexual

penetration);
(g) section 55 (abduction or detention);
(h) section 56(1) or (2) (abduction of child under the age of

16);
(i) section 57(1) or (2) (procuring sexual penetration by

threats or
fraud);
(j) section 59(1) (bestiality).
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.
11F An offence against section 49(1) of the Crimes Act 1958

(indecent act with 16 or 17 year old child) inserted in the Crimes
Act 1958 on 1 December 2006 by section 13 of the Crimes (Sexual
Offences) Act 2006 and repealed by section 16 of the Crimes Amendment
(Sexual Offences) Act 2016.
11G An offence against section 49A(1) of the Crimes Act 1958

(facilitating sexual offences against children) inserted in the Crimes Act
1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and
repealed by section 16 of the Crimes Amendment (Sexual Offences) Act
2016.
11H An offence against section 49B(2) of the Crimes Act 1958

(grooming for sexual conduct with child under the age of 16 years) inserted in
the Crimes Act 1958 on 9 April 2014 by section 3 of the
Crimes Amendment (Grooming) Act 2014 and repealed by section 16 of the
11I An offence against section 49C(2) of the Crimes Act 1958

(failure by person in authority to protect child from sexual offence)
inserted in the Crimes Act 1958 on 1 July 2015 by
section 3 of the Crimes Amendment (Protection of Children) Act 2014
and repealed by section 16 of the Crimes Amendment (Sexual Offences)
Act 2016.
11J An offence against section 51(1) or (2) of the Crimes

Act 1958 (sexual offences against persons with a cognitive impairment
by providers of medical or therapeutic services) inserted in the Crimes Act
1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act
2006 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
11L An offence against section 53(2) of the Crimes Act 1958

(administration of drugs etc.) inserted in the Crimes Act 1958 on
11 February 2009 by section 3 of the Crimes Legislation Amendment (Food
and Drink Spiking) Act 2009 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.
11N An offence against section 60AB(2), (3) or (4) (sexual

servitude), 60AC(1) (aggravated sexual servitude), 60AD(1) (deceptive recruiting
for commercial sexual services) or 60AE(1) (aggravated deceptive recruiting
for commercial sexual services) of the Crimes Act 1958 inserted in
the Crimes Act 1958 on 19 May 2004 by section 3 of the Justice
Legislation (Sexual Offences and Bail) Act 2004 and repealed by
section 16 of the Crimes Amendment (Sexual Offences)
Act 2016.
11O An offence against section 68(1) (production of child pornography) or

69(1) (procurement etc. of minor for child pornography) of the Crimes Act
1958 inserted in the Crimes Act 1958 on 1 January 1996 by
section 88 of the Classification (Publications, Films and Computer
Games) (Enforcement) Act 1995 and repealed by section 16 of the
11P An offence against section 70(1) of the Crimes Act

1958 (possession of child pornography) inserted in the
Crimes Act 1958 on 22 November 2000 by section 6 of the
Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes
11Q An offence against section 70AAAB(1) (administering a child

pornography website), 70AAAC(1) (encouraging use of a website to deal with child
pornography) or 70AAAD(1) (assisting a person to avoid apprehension) of the
Crimes Act 1958 inserted in the Crimes Act 1958 on
1 December 2015 by section 6 of the Crimes Amendment (Child Pornography
and Other Matters) Act 2015 and repealed by section 18 of the Crimes
11R An offence against section 70AC of the Crimes Act 1958
(sexual performance involving a minor) inserted in the Crimes Act 1958 on
19 May 2004 by section 7 of the Justice Legislation (Sexual Offences and
Bail) Act 2004 and repealed by section 18 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
* * * * *

penalty is fixed by, any of the following provisions of the Crimes Act
1958 repealed on 1 October 1974 by section 2(1)(b) of the Crimes (Theft)
Act 1973:
(a) section 117 (robbery; larceny from the person);
(b) section 118 (assault with intent to rob);
(c) section 119 (robbery with wounding);
(d) section 120 (robbery under arms or company);
(e) section 128 (burglary by breaking out);
(f) section 130 (burglary with wounding);
(g) section 132 (entering house at night with intent to commit a

felony);
(h) section 133 (breaking into etc., building within curtilage);
(i) section 134 (house-breaking);
(j) section 135 (house-breaking etc., with intent etc.);
(k) section 138 (larceny in the house);
(l) section 139 (larceny with menaces).
15 The common law offence of robbery abolished on 1 October 1974 by

section 3(1) of the Crimes (Theft) Act 1973.
16 The common law offence of burglary abolished on 1 October 1974 by

section 3(1) of the Crimes (Theft) Act 1973.
* * * * *

penalty is fixed by, any of the following provisions of the Crimes Act
1958 repealed on 1 July 1979 by section 2(1)(c) of the Crimes
(Criminal Damage) Act 1978:
(a) section 196 (setting fire to church etc.);
(b) section 197 (setting fire to house anyone being in it);
(c) section 199 (setting fire to railway buildings etc.);
(d) section 200 (setting fire to public buildings);
(e) section 201 (setting fire to other buildings);
(f) section 202 (setting fire to goods in buildings);
(g) section 203 (attempting to set fire to buildings).
19 An offence against section 203A (placing inflammable substance with

intent to destroy, damage, etc.) (as amended) of the Crimes Act 1958
repealed on 1 July 1979 by section 2(1)(c) of the Crimes (Criminal Damage)
Act 1978.
* * * * *
Explosive substances
* * * * *
Parties to offence
* * * * *
Drug offences
* * * * *
29 An offence against section 71 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
(trafficking in a drug of dependence).
30 An offence against section 72(1)(ab) 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 (cultivation of a narcotic plant in circumstances where the offence is
committed in relation to a quantity of a drug of dependence, being a narcotic
plant, that is not less than the commercial quantity applicable to that narcotic
plant).
31 An offence against section 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 (cultivation of a narcotic plant for a purpose related to trafficking
in that narcotic plant).
New Sch. 9 inserted by No. 3/2019

s. 78, amended by Nos 50/2019 s. 9, 16/2020
s. 8.
CRIMES ACT 1958

- SCHEDULE 9
Schedule 9—DNA sample offences
Section 464(2)
1 Child homicide.
1A Homicide by firearm.
2 Murder.
3 Manslaughter.
4 Treason.
5 An offence against section 15A(1) of the Crimes Act 1958

(causing serious injury intentionally in circumstances of gross
violence).
6 An offence against section 15B(1) of the Crimes Act 1958

(causing serious injury recklessly in circumstances of gross
violence).
7 An offence against section 16 of the Crimes Act 1958 (causing

serious injury intentionally).

(stalking) and the accused has within the preceding 10 years been convicted
or found guilty of an offence against that section in relation to any
person or an offence in the course of committing which the accused used or
threatened to use violence against any person.
9 An offence against section 38(1) of the Crimes Act 1958

(rape).
10 An offence against section 39(1) of the Crimes Act 1958 (rape by

compelling sexual penetration).
11 An offence against section 42(1) of the Crimes Act 1958 (assault

with intent to commit a sexual offence).

(abduction or detention for a sexual purpose).

(sexual penetration of a child under the age of 12).
14 An offence against section 49B(1) of the Crimes Act 1958

(sexual penetration of a child under the age of 16) in circumstances other
than where at the time of the alleged offence the child was 12 years
of age or more and the accused was not more than 2 years older than the
child.
15 An offence against section 49J(1) of the Crimes Act 1958

(persistent sexual abuse of a child under the age of 16).
16 An offence against section 49P(1) of the Crimes Act 1958

(abduction or detention of a child under the age of 16 for a sexual
purpose).
17 An offence against any of the following provisions of Subdivision (8C)
of Division 1 of Part I of the Crimes Act 1958 (incest) in
circumstances other than where both people are aged 18 or
older—
(a) section 50C(1) (sexual penetration of a child or lineal

descendant);
(b) section 50D(1) (sexual penetration of a step‑child);
(c) section 50E(1) (sexual penetration of a parent, lineal ancestor or

step-parent);
(d) section 50F(1) (sexual penetration of a sibling

or half-sibling).
18 An offence against section 63A of the Crimes Act 1958

(kidnapping).

(armed robbery).
20 An offence against section 77 of the Crimes Act 1958 (aggravated

burglary).
21 Any indictable offence in the course of committing which the accused,

or any person involved in the commission of the offence, is alleged to have used
or threatened to use a firearm, offensive weapon, or explosive as defined by
section 77(1A) of the Crimes Act 1958.
22 An offence against section 77A of the Crimes Act 1958 (home

invasion).
23 An offence against section 77B of the Crimes Act 1958

(aggravated home invasion).
24 An offence against section 79 of the Crimes Act 1958

(carjacking).
25 An offence against section 79A of the Crimes Act 1958

(aggravated carjacking).
26 An offence against section 197A of the Crimes Act 1958 (arson

causing death).

(culpable driving causing death).
28 An offence against section 319(1) or (1A) of the Crimes Act 1958

(dangerous driving causing death or serious injury).
29 An offence against section 319AA(1) of the Crimes Act 1958

(dangerous or negligent driving while pursued by police).
30 An offence against any of the following provisions

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)—
(a) section 71(1) (trafficking in a drug of dependence)
in circumstances where the offence is committed in relation to a quantity
of a drug of dependence that is not less than the commercial quantity applicable
to that drug of dependence;
(b) section 72(1) (cultivation of narcotic plants) in circumstances

where
the offence is committed in relation to a quantity of a drug of dependence,
being a narcotic plant, that is not less than the commercial quantity applicable
to that narcotic plant;
(c) section 79(1) (conspiracy) in circumstances where the conspiracy

is to
commit an offence referred to in paragraph (a) or (b).
31 An offence against any of the following provisions

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)—
(a) section 71(1) (trafficking in a drug of dependence);
(b) section 72(1) (cultivation of narcotic plants);
(c) section 79(1) (conspiracy) in circumstances where the conspiracy

is to commit an offence referred to in paragraph (a) or (b).
32 An offence against any of the following provisions of the Drugs,

Poisons and Controlled Substances Act 1981—
(a) section 71 (trafficking in a quantity of a drug or drugs of

dependence
that is not less than the large commercial quantity applicable to that drug or
those drugs);
(b) section 71AA (trafficking in a quantity of a drug or drugs of

dependence that is not less than the commercial quantity applicable to that drug
or those drugs);
(c) section 72 (cultivation of a narcotic plant in a quantity of a

drug of
dependence, being a narcotic plant, that is not less than the large commercial
quantity applicable to that narcotic plant);
(d) section 72A (cultivation of a narcotic plant in a quantity of a

drug
of dependence, being a narcotic plant, that is not less than the commercial
quantity applicable to that narcotic plant);
(e) section 79(1) (conspiracy) in circumstances where the conspiracy

is to
commit an offence referred to in paragraph (a), (b), (c) or
(d).
33 An offence against any of the following provisions of the Drugs,

Poisons and Controlled Substances Act 1981—
(a) section 71AB (trafficking in a drug of dependence to a

child);
(b) section 71AC (trafficking in a drug of dependence);
(c) section 72B (cultivation of narcotic plants);
(d) section 79(1) (conspiracy) in circumstances where the conspiracy

is to commit an offence referred to in paragraph (a), (b) or
(c).
34 An offence against section 37A or 123A of the Family Violence

Protection Act 2008 of contravening a family violence intervention
order or family violence safety notice (as the case requires) in the course of
committing which the accused is alleged to have used or threatened to use
violence and the accused has within the preceding 10 years been convicted or
found guilty of an offence in the course of committing which the accused used or
threatened to use violence against any person.
35 An offence against section 125A(1) of the Family Violence Protection

Act 2008 (persistent contravention of family violence safety notices
and family violence intervention orders).
35A An offence against section 39G(1) or (2) of the Occupational Health

and Safety Act 2004 (workplace manslaughter).
35B An offence against section 144(1) of the Occupational Health and

Safety Act 2004 arising in respect of a contravention of section 39G(1)
of that Act (workplace manslaughter—liability of officers of bodies
corporate).
36 An offence against section 4B(1) or 21W of the Terrorism (Community

Protection) Act 2003.
37 An offence of conspiracy to commit, incitement to commit or attempting

to commit an offence referred to in any other item of this
Schedule.
Schs 8A–11 repealed.

[54]
* * * * *
ÍÍÍÍÍÍÍÍÍÍÍÍÍ&#205
;Í
CRIMES ACT 1958

- NOTES
Version No.
292
No. 6231 of 1958Version incorporating amendments as at1 July 2020
ÍÍÍÍÍÍÍÍÍÍÍÍÍ&#205
;Í
Version No. 292

Crimes Act 1958
No. 6231 of 1958
Version incorporating amendments as at1 July

2020
CRIMES ACT 1958

- NOTES Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current

Versions of legislation and up-to-date legislative information.
The Crimes Act 1958 was assented to on 30

September 1958 and came into operation on 1 April 1959: Government Gazette 18
March 1959 page 892.
INTERPRETATION OF LEGISLATION ACT 1984

(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
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
As from 1 January 2001, amendments to section 36 of the ILA have the

following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001

form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or

after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January

2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
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).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13

October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other

material printed after the Endnotes does not form part of an Act. See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to

the Crimes Act 1958 by Acts and subordinate instruments.
–––––––––––&#8211
;–––––––––––&#821
1;–––––––––––&#82
11;–––––––––––&#8
211;–––––––––––&#
8211;–Companies
Act 1958, No. 6455/1958
Assent Date:
2.12.58
Commencement Date:
1.4.59: Government Gazette 4.3.59 p. 496
Current State:
All of Act in operation
Statute Law Revision Act 1959, No.

6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
Crimes (Penalties) Act 1959, No.

6561/1959
Assent Date:
17.11.59
Commencement Date:
17.11.59
Current State:
Crimes (Sentences and Parole) Act 1959, No.

6572/1959
Assent Date:
1.12.59
Commencement Date:
1.1.60: Government Gazette 16.12.59

p. 3638
Current State:
Social Welfare Act 1960, No.

6651/1960
Assent Date:
15.6.60
Commencement Date:
S. 57(b)–(e) on 11.7.60: Government Gazette 6.7.60
p. 2210; s. 57(a) on 1.7.65: Government Gazette 30.6.65
p. 2016
Current State:
This information relates only to the provision/s amending

the Crimes Act 1958
Motor Car (Driving) Act 1960, No.

6658/1960
Assent Date:
15.6.60
Commencement Date:

p. 2565
Current State:

6716/1960
Assent Date:
21.12.60
Commencement Date:
Sch. 1 on 1.4.59: s. 3
Current State:

the Crimes Act 1958
Crimes (Kidnapping) Act 1960, No.

6731/1960
Assent Date:
21.12.60
Commencement Date:
21.12.60
Current State:
Evidence (Children) Act 1961, No.

6758/1961
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
Prostitution Act 1961, No. 6761/1961
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
Motor Car (Amendment) Act 1961, No.

6762/1961
Assent Date:
26.4.61
Commencement Date:
S. 13 on 5.6.61: Government Gazette 31.5.61

p. 1850
Current State:

the Crimes Act 1958
Crimes (Breath Test Evidence) Act 1961, No.

6806/1961
Assent Date:
5.12.61
Commencement Date:

p. 4335
Current State:
Companies Act 1961, No. 6839/1961
Assent Date:
19.12.61
Commencement Date:

p. 392
Current State:
Crimes (Detention) Act 1962, No.

6884/1962
Assent Date:
2.5.62
Commencement Date:

p. 3228
Current State:
Subordinate Legislation Act 1962, No.

6886/1962
Assent Date:
8.5.62
Commencement Date:

p. 2314
Current State:
Justices (Amendment) Act 1962, No.

6958/1962
Assent Date:
18.12.62
Commencement Date:
18.12.62
Current State:
Parole Board Membership Act 1963, No.

6994/1963
Assent Date:
7.5.63
Commencement Date:
7.5.63
Current State:
Crimes (Aircraft) Act 1963, No. 7088/1963 (as amended

by No. 7142/1964)
Assent Date:
10.12.63
Commencement Date:
10.12.63
Current State:
Crimes (Amendment) Act 1964, No.

7184/1964
Assent Date:
2.12.64
Commencement Date:

p. 279
Current State:
Crimes (Illegal Use of Motor Cars) Act 1965, No.

7263/1965
Assent Date:
18.5.65
Commencement Date:
18.5.65
Current State:
Crimes (Parole) Act 1965, No.

7269/1965
Assent Date:
25.5.65
Commencement Date:
25.5.65
Current State:
Motor Car (Driving Offences) Act 1965, No.

7327/1965
Assent Date:
7.12.65
Commencement Date:

p. 209
Current State:

7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65: subject to s. 3
Current State:
Crimes (Dangerous Driving) Act 1966, No.

7407/1966
Assent Date:
17.5.66
Commencement Date:

p. 2205
Current State:
Crimes Act 1967, No. 7546/1967
Assent Date:
17.3.67
Commencement Date:
17.3.67
Current State:

7577/1967
Assent Date:
8.11.67
Commencement Date:
8.11.67
Current State:
Crimes (Driving Offences) Act 1967, No. 7645/1967 (as

amended by No. 7696/1968)
Assent Date:
19.12.67
Commencement Date:

p. 577
Current State:
Juries Act 1967, No. 7651/1967 (as amended by No.

7725/1968)
Assent Date:
19.12.67
Commencement Date:
S. 2(1)(Sch. 1 Pt 2 item 3) on 1.1.69: Government

Gazette 4.12.68 p. 3919
Current State:

the Crimes Act 1958

7696/1968
Assent Date:
7.5.68
Commencement Date:
7.5.68
Current State:
Abolition of Bailiwicks Act 1968, No.

7703/1968
Assent Date:
15.10.68
Commencement Date:

p. 3930
Current State:
County Court (Jurisdiction) Act 1968, No.

7705/1968
Assent Date:
15.10.68
Commencement Date:
p. 3919
Current State:
Crimes (Evidence) Act 1968, No.

7782/1968
Assent Date:
18.12.68
Commencement Date:
18.12.68
Current State:

Justices (Amendment) Act 1969, No.
7876/1969
Assent Date:
25.11.69
Commencement Date:
All of Act (except ss 3, 5–7(k)(m)–(o))

on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70
p. 463
Current State:
Abolition of Obsolete Offences Act 1969, No.

7884/1969
Assent Date:
2.12.69
Commencement Date:
2.12.69
Current State:
Legal Aid Act 1969, No. 7919/1969
Assent Date:
16.12.69
Commencement Date:
All of Act (except Pt 1) on 1.6.70: Government

Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70: Government Gazette 16.9.70
p. 3073
Current State:

7994/1970
Assent Date:
4.11.70
Commencement Date:
4.11.70
Current State:
Criminal Appeals Act 1970, No.

8063/1970
Assent Date:
22.12.70
Commencement Date:

p. 830
Current State:
Motor Car (Driving Offences) Act 1971, No.

8143/1971
Assent Date:
4.5.71
Commencement Date:

p. 2502
Current State:
Police Regulation (Amendment) (No. 2) Act 1971, No.

8179/1971
Assent Date:
23.11.71
Commencement Date:
Current State:

8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: subject to s. 2(2)
Current State:
Crimes (Powers of Arrest) Act 1972, No.

8247/1972
Assent Date:
6.4.72
Commencement Date:
p. 2360
Current State:
Justices Act 1972, No. 8275/1972
Assent Date:
13.5.72
Commencement Date:

p. 45
Current State:

8280/1972
Assent Date:
13.5.72
Commencement Date:
13.5.72
Current State:
Crimes Act 1972, No. 8338/1972
Assent Date:
5.12.72
Commencement Date:
p. 164
Current State:

8410/1973
Assent Date:
17.4.73
Commencement Date:
Ss 1–4 on 9.5.73: Government Gazette 9.5.73

p. 1014; s. 5 on 1.7.73: Government Gazette 20.6.73
p. 2064
Current State:

Crimes (Theft) Act 1973, No. 8425/1973 (as amended by
No. 9019/1977)
Assent Date:
17.4.73
Commencement Date:

p. 790
Current State:
Social Welfare (Amendment) Act 1973, No. 8426/1973

(as amended by No. 8701/1975)
Assent Date:
17.4.73
Commencement Date:

p. 1388
Current State:

the Crimes Act 1958
Magistrates' Courts (Jurisdiction) Act 1973, No.

8427/1973
Assent Date:
17.4.73
Commencement Date:
Ss 3, 6, 8(b), 10(1) (except (k)), 11 on 3.2.75:

Government Gazette 22.1.75 p. 122; rest of Act on 1.9.75: Government
Gazette 30.7.75 p. 2705
Current State:
Social Welfare Act 1973, No.

8493/1973
Assent Date:
4.12.73
Commencement Date:

p. 1712
Current State:

the Crimes Act 1958
Crimes (Capital Offences) Act 1975, No.

8679/1975
Assent Date:
29.4.75
Commencement Date:
29.4.75
Current State:
Magistrates (Summary Proceedings) Act 1975, No.

8731/1975
Assent Date:
16.5.75
Commencement Date:
S. 173(Sch. 3) on 1.7.76: Government Gazette 24.3.76
p. 848
Current State:

the Crimes Act 1958
Constitution Act 1975, No. 8750/1975
Assent Date:
19.11.75
Commencement Date:

p. 3888
Current State:
Crimes Act 1976, No. 8870/1976

Assent Date:
16.6.76
Commencement Date:
Ss 1–3, 5, 7, 8 on 1.3.77: Government Gazette 26.1.77

p. 177; s. 4 on 1.7.76: s. 4(5); s. 6 on 1.7.77: Government
Gazette 22.6.77 p. 1712
Current State:
Rape Offences (Proceedings) Act 1976, No.

8950/1976
Assent Date:
14.12.76
Commencement Date:

p. 1712
Current State:
Magistrates' Courts (Commitment) Act 1977, No.

8998/1977
Assent Date:
10.5.77
Commencement Date:
10.5.77
Current State:

Bail Act 1977, No. 9008/1977
Assent Date:
10.5.77
Commencement Date:

p. 2654
Current State:

9019/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77: subject to s. 2
Current State:
Crimes (Armed Robbery) Act 1977, No.

9048/1977
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:

9059/1977
Assent Date:
29.11.77
Commencement Date:
29.11.77: subject to s. 2(2)
Current State:
Crimes (Married Persons' Liability) Act 1977, No.

9073/1977
Assent Date:
6.12.77
Commencement Date:

p. 201
Current State:
Crimes (Hijackings and Other Offences) Act 1978, No.

9155/1978
Assent Date:
30.5.78
Commencement Date:

p. 2869
Current State:
Crimes (Criminal Damage) Act 1978, No. 9228/1978 (as

Assent Date:
19.12.78
Commencement Date:

p. 901
Current State:
Crimes (Competence and Compellability of Spouse

Witnesses) Act 1978, No. 9230/1978
Assent Date:
19.12.78
Commencement Date:

p. 901
Current State:

9242/1978
Assent Date:
19.12.78
Commencement Date:
Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79:
Government Gazette 21.3.79 p. 729
Current State:

9323/1979
Assent Date:
18.12.79
Commencement Date:

p. 2121
Current State:
Imperial Law Re-enactment Act 1980, No.

9407/1980
Assent Date:
20.5.80
Commencement Date:

p. 2257
Current State:

9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80 (except as otherwise provided in

s. 6(2)): s. 1(2)
Current State:
Community Welfare Services (Extradition) Act 1980, No.

9498/1980
Assent Date:
23.12.80
Commencement Date:
23.12.80
Current State:

Crimes (Sexual Offences) Act 1980, No.
9509/1980
Assent Date:
23.12.80
Commencement Date:

p. 338
Current State:

9549/1981
Assent Date:
19.5.81
Commencement Date:
19.5.81: subject to s. 2(2)
Current State:
Penalties and Sentences Act 1981, No.

9554/1981
Assent Date:
19.5.81
Commencement Date:
S. 44 on 26.9.80: s. 1(3); ss 36–46 on

3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81:
Current State:
Crimes (Classification of Offences) Act 1981, No.

9576/1981 (as amended by No. 9902/1983)
Assent Date:
26.5.81
Commencement Date:

p. 2799
Current State:
Drugs, Poisons and Controlled Substances Act 1981, No.

9719/1981
Assent Date:
12.1.82
Commencement Date:

p. 3955
Current State:
Director of Public Prosecutions Act 1982, No.

9848/1982
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:

9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: subject to s. 2(2)
Current State:
Transport Act 1983, No. 9921/1983

Assent Date:
23.6.83
Commencement Date:
S. 255(Sch. 12) on 1.7.83:

s. 1(2)(c)
Current State:

the Crimes Act 1958
Penalties and Sentences (Amendment) Act 1983, No.

9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 3(3)(Sch. 2 items 9–15) on 20.12.83:

Current State:

the Crimes Act 1958
Community Welfare Services (Director-General of

Corrections) Act 1983, No. 9966/1983
Assent Date:
22.11.83
Commencement Date:

p. 162
Current State:
the Crimes Act 1958
Crimes (Procedure) Act 1983, No.

10026/1983
Assent Date:
20.12.83
Commencement Date:

p. 381
Current State:
Crimes (Criminal Investigations) Act 1984, No.

10076/1984
Assent Date:
15.5.84
Commencement Date:
Current State:
Crimes (Conspiracy and Incitement) Act 1984, No.

10079/1984
Assent Date:
15.5.84
Commencement Date:

p. 2119
Current State:
Crimes (General Amendment) Act 1984, No.

10084/1984
Assent Date:
22.5.84
Commencement Date:

p. 2119
Current State:

10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
Planning (Brothels) Act 1984, No. 10094/1984 (as

Assent Date:
22.5.84
Commencement Date:

p. 1674
Current State:

the Crimes Act 1958
Penalties and Sentences (Amendment) Act 1984, No.

10152/1984
Assent Date:
20.11.84
Commencement Date:

p. 1667
Current State:

the Crimes Act 1958

10233/1985
Assent Date:
10.12.85
Commencement Date:
Ss 1–3, 10 on 22.1.86: Government Gazette 22.1.86

p. 144; rest of Act on 24.3.86: Government Gazette 12.2.86 p. 382
Current State:
Registration of Births Deaths and Marriages (Amendment)

Act 1985, No. 10244/1985
Assent Date:
10.12.85
Commencement Date:

p. 4114
Current State:
Magistrates (Summary Proceedings) (Amendment) Act 1985,

No. 10249/1985
Assent Date:
10.12.85
Commencement Date:

p. 581
Current State:

the Crimes Act 1958
Penalties and Sentences Act 1985, No.

10260/1985
Assent Date:
10.12.85
Commencement Date:
S. 114(Sch. 4 items 4, 5) on 1.6.86: Government Gazette

30.4.86 p. 1116; Sch. 4 item 6 was never proclaimed, repealed by No.
49/1991 s. 118(1)
Current State:

the Crimes Act 1958
Courts Amendment Act 1986, No. 16/1986

Assent Date:
22.4.86
Commencement Date:

p. 2180
Current State:

the Crimes Act 1958
Crimes (Amendment) Act 1986, No. 37/1986 (as amended

by No. 35/1990)
Assent Date:
20.5.86
Commencement Date:

p. 2239
Current State:
Crimes (Confiscation of Profits) Act 1986, No.

101/1986
Assent Date:
16.12.86
Commencement Date:

p. 1924
Current State:

Crimes (Proceedings) Act 1986, No.
102/1986
Assent Date:
16.12.86
Commencement Date:

p. 539
Current State:
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
Transport Accident Act 1986, No.

111/1986
Assent Date:
16.12.86
Commencement Date:
S. 180(2)(Sch. 2 item 5) on 1.2.87: Government Gazette

28.1.87 p. 180
Current State:
the Crimes Act 1958
Corrections Act 1986, No. 117/1986
Assent Date:
23.12.86
Commencement Date:
S. 6(Sch. 1 item 2(4)(5)) on 6.5.87: Government Gazette

6.5.87 p. 1004; Sch. 1 item 1(8) on 1.3.88: Government Gazette 24.2.88
p. 363
Current State:

the Crimes Act 1958
Prostitution Regulation Act 1986, No.

124/1986
Assent Date:
23.12.86
Commencement Date:
Ss 74(a)(b)(d)(e), 80 on 16.8.87: Government Gazette 12.8.87

p. 2175; s. 74(c) on 1.4.90: Government Gazette 28.3.90
p. 895
Current State:

the Crimes Act 1958
Road Safety Act 1986, No. 127/1986
Assent Date:
23.12.86
Commencement Date:

p. 445; Sch. 4 items 5.1–5.5 on 1.7.87: Special Gazette (No. 27)
25.6.87 p. 1
Current State:

the Crimes Act 1958
Community Services Act 1987, No.

16/1987
Assent Date:
12.5.87
Commencement Date:
Ss 1–6, 9–13 on 22.2.89: Government Gazette

22.2.89 p. 386; Sch. 2 items 1–13 on 15.3.89: Government Gazette
15.3.89 p. 587; ss 7, 8 on 25.6.92: Government Gazette 24.6.92
p. 1532
Current State:
Crimes (Family Violence) Act 1987, No.

19/1987
Assent Date:
12.5.87
Commencement Date:

p. 2521
Current State:

70/1987
Assent Date:
24.11.87
Commencement Date:
Ss 1–3, 5–7 on 6.12.87: Government Gazette

2.12.87 p. 3309; s. 8 on 1.9.88: Government Gazette 31.8.88
p. 2598; s. 4 on 27.6.89: Special Gazette (No. 35) 27.6.89
p. 1
Current State:
Road Safety (Amendment) Act 1987, No.

78/1987
Assent Date:
24.11.87
Commencement Date:
S. 10 on 1.3.87: s. 2(2); rest of Act on 9.12.87:

Current State:
Crimes (Computers) Act 1988, No.

36/1988
Assent Date:
24.5.88
Commencement Date:

p. 1487
Current State:
Crimes (Custody and Investigation) Act 1988, No. 37/1988

Assent Date:
24.5.88
Commencement Date:

p. 589
Current State:
Crimes (Fingerprinting) Act 1988, No. 38/1988 (as

Assent Date:
24.5.88
Commencement Date:
Ss 4, 5 on 1.1.90: Government Gazette 20.12.89

p. 3290
Current State:

the Crimes Act 1958
Firearms (Amendment) Act 1988, No.

40/1988
Assent Date:
24.5.88
Commencement Date:

p. 1458
Current State:

the Crimes Act 1958
Local Government (Consequential Provisions) Act 1989, No.

12/1989 (as amended by No. 13/1990)
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 item 20.1) on 1.11.89: Government

Gazette 1.11.89 p. 2798
Current State:

the Crimes Act 1958
County Court (Amendment) Act 1989, No.

19/1989
Assent Date:
16.5.89
Commencement Date:
Current State:
Crimes Legislation (Miscellaneous Amendments) Act 1989,

No. 25/1989
Assent Date:
6.6.89
Commencement Date:
Ss 3–10, 15–20 on 25.6.89: Special Gazette

(No. 34) 20.6.89 p. 1; ss 11–13 on 1.1.90: Government Gazette
20.12.89 p. 3290; s. 14 on 1.9.90: s. 2(2)
Current State:

the Crimes Act 1958
Prescribed Weapons Act 1989, No.

39/1989
Assent Date:
6.6.89
Commencement Date:

p. 2210
Current State:
Transport (Amendment) Act 1989, No.

44/1989
Assent Date:
6.6.89
Commencement Date:
S. 41(Sch. 2 item 7) on 1.7.89:

s. 2(1)
Current State:

the Crimes Act 1958
Magistrates' Court Act 1989, No.

51/1989
Assent Date:
14.6.89
Commencement Date:

p. 2216
Current State:

the Crimes Act 1958
Children and Young Persons Act 1989, No.

56/1989
Assent Date:
14.6.89
Commencement Date:
S. 286(Sch. 2 items 7.1, 7.2, 7.5–7.9, 7.11,

7.12, 7.14, 7.15) on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; Sch. 2
items 7.3, 7.4, 7.10, 7.13, 7.16 on 23.9.91: Government Gazette 28.8.91
p. 2368
Current State:

the Crimes Act 1958
Magistrates' Court (Consequential Amendments) Act 1989,

No. 57/1989 (as amended by No. 34/1990)
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette

30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90
p. 2217
Current State:
Crimes (Blood Samples) Act 1989, No.

84/1989
Assent Date:
5.12.89
Commencement Date:
Ss 1–6, 9, 10 on 1.6.90: Government Gazette 30.5.90

p. 1662; s. 7 on 1.9.90: Government Gazette 25.7.90 p. 2217;
s. 8 on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2
Current State:
Control of Weapons Act 1990, No.

24/1990
Assent Date:
5.6.90
Commencement Date:

p. 2616
Current State:
Courts (Amendment) Act 1990, No.

64/1990
Assent Date:
20.11.90
Commencement Date:
Ss 12, 20(Sch. item 3(a)(b)) on 1.1.91: Government Gazette

19.12.90 p. 3750
Current State:

the Crimes Act 1958
Children and Young Persons (Amendment) Act 1990, No.

93/1990
Assent Date:
18.12.90
Commencement Date:
All of Act (except s. 8(2)) on 31.1.91: Special

Gazette (No. 9) 31.1.91 p. 2; s. 8(2) on 30.9.92: Government Gazette
26.8.92 p. 2470
Current State:
Crimes (Sexual Offences) Act 1991, No.

8/1991
Assent Date:
16.4.91
Commencement Date:
S. 22(1) on 16.4.91: s. 2(2); ss 3–6 on

Current State:

the Crimes Act 1958
Crimes Legislation (Miscellaneous Amendments) Act 1991,

No. 23/1991
Assent Date:
31.5.91
Commencement Date:
31.5.91: s. 2
Current State:
Sentencing Act 1991, No. 49/1991 (as amended by No.

81/1991)
Assent Date:
25.6.91
Commencement Date:

p. 898
Current State:
Crimes (Year and A Day Rule) Act 1991, No.

65/1991
Assent Date:
19.11.91
Commencement Date:
19.11.91: s. 2
Current State:
Crimes (Rape) Act 1991, No. 81/1991
Assent Date:
3.12.91
Commencement Date:
Ss 7, 8 on 16.4.91: s. 2(2); ss 1–4, 6, 9, 10 on

1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92:
Current State:
Crimes (Culpable Driving) Act 1992, No.

13/1992
Assent Date:
2.6.92
Commencement Date:

p. 1418
Current State:
Evidence (Unsworn Evidence) Act 1993, No.

12/1993
Assent Date:
11.5.93
Commencement Date:
11.5.93: s. 2
Current State:
Crimes (HIV) Act 1993, No. 19/1993
Assent Date:
25.5.93
Commencement Date:
25.5.93: s. 2
Current State:

Sentencing (Amendment) Act 1993, No.
41/1993
Assent Date:
1.6.93
Commencement Date:
Ss 1, 2 on 1.6.93: s. 2(1); rest of Act (except

ss 13, 15) on 15.8.93; ss 13, 15 on 1.11.93: Government Gazette 12.8.93
p. 2244
Current State:
Crimes (Criminal Trials) Act 1993, No.

60/1993
Assent Date:
8.6.93
Commencement Date:
Ss 1–3 on 8.6.93: s. 2(1); s. 27 on 21.6.93:

Special Gazette (No. 40) 17.6.93 p. 1; rest of Act (ss 4–26, 28) on
Current State:
Transport (Amendment) Act 1993, No.

120/1993
Assent Date:
7.12.93
Commencement Date:
S. 79 on 7.12.93: s. 2(1)
Current State:
the Crimes Act 1958
Crimes (Amendment) Act 1993, No. 129/1993 (as amended

by No. 33/1994)
Assent Date:
14.12.93
Commencement Date:
Pt 1 (ss 1–3) on 14.12.93: s. 2(1); s. 10 on

21.12.93: Special Gazette (No. 95) 21.12.93 p. 1; ss 4–9, 11 on
1.6.94: s. 2(3)
Current State:
Medical Practice Act 1994, No.

23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:

Current State:
Public Prosecutions Act 1994, No.

43/1994
Assent Date:
7.6.94
Commencement Date:
S. 56(Sch. items 1.1–1.8) on 1.7.94:

s. 2(3)
Current State:

the Crimes Act 1958

95/1994
Assent Date:
13.12.94
Commencement Date:
Pt 1 (ss 1, 2) on 13.12.94: s. 2(1); ss 3–10 on

23.1.95: Government Gazette 19.1.95 p. 121; rest of Act on 13.6.95:
s. 2(3)
Current State:

Prostitution Control Act 1994, No.
102/1994
Assent Date:
13.12.94
Commencement Date:
Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95:

s. 2(3)
Current State:
Constitution (Court of Appeal) Act 1994, No.

109/1994
Assent Date:
20.12.94
Commencement Date:
Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on

7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
Legal Aid Commission (Amendment) Act 1995, No.

48/1995
Assent Date:
14.6.95
Commencement Date:
Pt 1 (ss 1–3) on 14.6.95: s. 2(1); rest of Act on

14.12.95: s. 2(3)
Current State:
Classification (Publications, Films and Computer Games)

(Enforcement) Act 1995, No. 90/1995
Assent Date:
5.12.95
Commencement Date:
Pt 1 (ss 1–5) on 5.12.95: s. 2(1); rest of Act on

Current State:
Mental Health (Amendment) Act 1995, No.

98/1995
Assent Date:
5.12.95
Commencement Date:
S. 65(Sch. 1 item 3) on 1.7.96: Government Gazette

27.6.96 p. 1593
Current State:

the Crimes Act 1958
Miscellaneous Acts (Omnibus Amendments) Act 1996, No.

22/1996
Assent Date:
2.7.96
Commencement Date:
Ss 5–8 on 2.7.96: s. 2(1)
Current State:

the Crimes Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 items 16.1–16.20) on 1.1.97: s.

2(3)
Current State:

the Crimes Act 1958
Corrections (Amendment) Act 1996, No.
45/1996
Assent Date:
26.11.96
Commencement Date:
S. 18(Sch. 2 items 6.1–6.6) on 6.2.97: Government

Gazette 6.2.97 p. 257
Current State:

the Crimes Act 1958
Crimes (Female Genital Mutilation) Act 1996, No.

46/1996
Assent Date:
26.11.96
Commencement Date:
26.11.96: s. 2
Current State:
Firearms Act 1996, No. 66/1996 (as amended by Nos

26/1997, 74/2000)
Assent Date:
17.12.96
Commencement Date:
Ss 201(1)(2) on 29.4.97: Government Gazette 24.4.97

p. 921; s. 202 on 31.1.98: s. 2(3)
Current State:
the Crimes Act 1958
Police and Corrections (Amendment) Act 1997, No.

26/1997
Assent Date:
20.5.97
Commencement Date:

p. 1131
Current State:

the Crimes Act 1958
Road Safety (Disclosure of Information) Act 1997, No.

30/1997
Assent Date:
27.5.97
Commencement Date:
S. 6 on 1.9.97: s. 2(3)
Current State:

the Crimes Act 1958
Law and Justice Legislation Amendment Act 1997, No.

44/1997
Assent Date:
11.6.97
Commencement Date:
S. 3 on 19.6.97: Government Gazette 19.6.97 p.

1384
Current State:

the Crimes Act 1958
Sentencing and Other Acts (Amendment) Act 1997, No.

48/1997
Assent Date:
11.6.97
Commencement Date:
Ss 54–58, 60–63, Sch. 1 on 1.9.97: s. 2(2), s.

59 on 20.11.97: Government Gazette 20.11.97 p. 3169
Current State:

the Crimes Act 1958
Crimes (Mental Impairment and Unfitness to be Tried) Act

1997, No. 65/1997
Assent Date:
18.11.97
Commencement Date:
S. 82 on 18.4.98: s. 2(3)
Current State:

the Crimes Act 1958
Sentencing (Amendment) Act 1997, No.

69/1997
Assent Date:
18.11.97
Commencement Date:
Pt 3 (ss 22–25) on 18.11.97: s. 2(1)
Current State:

the Crimes Act 1958

81/1997
Assent Date:
2.12.97
Commencement Date:
Ss 4–8, 14, 15 on 1.1.98: s. 2(2); ss 16–31 on

1.7.98: s. 2(4)
Current State:

the Crimes Act 1958
Rail Corporations (Amendment) Act 1997, No.

104/1997
Assent Date:
16.12.97
Commencement Date:
S. 42 on 31.3.98: Special Gazette (No. 23) 31.3.98

p. 1
Current State:

the Crimes Act 1958
Confiscation Act 1997, No. 108/1997
Assent Date:
23.12.97
Commencement Date:

1561
Current State:

the Crimes Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998,

Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

the Crimes Act 1958
Tribunals and Licensing Authorities (Miscellaneous

Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 17) on 1.7.98: Government Gazette 18.6.98

p. 1512
Current State:

the Crimes Act 1958

65/1998
Assent Date:
4.11.98
Commencement Date:
Ss 3, 4, 6 on 4.11.98: s. 2(1); s. 5 on 1.1.99: s.

2(2)
Current State:

the Crimes Act 1958
Crimes, Confiscation and Evidence Acts (Amendment) Act

1998, No. 80/1998
Assent Date:
13.11.98
Commencement Date:
Pt 2 (ss 3, 4) on 13.11.98: s. 2(1)
Current State:

the Crimes Act 1958
Magistrates' Court (Amendment) Act 1999, No.

10/1999
Assent Date:
11.5.99
Commencement Date:
S. 31(5) on 11.5.99: s. 2(1); ss 8(5), 18(4), 20 on 1.7.99:

s. 2(2)
Current State:

the Crimes Act 1958
Dental Practice Act 1999, No.

26/1999
Assent Date:
1.6.99
Commencement Date:
S. 107(Sch. item 1) on 1.7.00: s. 2(3)
Current State:

the Crimes Act 1958
Crimes (Criminal Trials) Act 1999, No.

35/1999
Assent Date:
8.6.99
Commencement Date:
S. 34 on 1.9.99: s. 2(3)
Current State:

the Crimes Act 1958
Juries Act 2000, No. 53/2000
Assent Date:
12.9.00
Commencement Date:
S. 94 on 1.8.01: s. 2(3)
Current State:
the Crimes Act 1958

67/2000
Assent Date:
21.11.00
Commencement Date:
22.11.00: s. 2
Current State:

74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 30) on 22.11.00: s. 2(1)
Current State:

the Crimes Act 1958
Crimes (Questioning of Suspects) Act 2000, No.

86/2000
Assent Date:
5.12.00
Commencement Date:
6.12.00: s. 2
Current State:
Magistrates' Court (Committal Proceedings) Act 2000,

No. 92/2000
Assent Date:
5.12.00
Commencement Date:
Ss 11, 12 on 1.7.01: s. 2(2)
Current State:

the Crimes Act 1958
Corrections (Custody) Act 2001, No.

45/2001
Assent Date:
27.6.01
Commencement Date:
S. 40 on 1.3.02: s. 2(2)
Current State:

the Crimes Act 1958
Crimes (Validation of Orders) Act 2001, No.

58/2001
Assent Date:
16.10.01
Commencement Date:
17.10.01: s. 2
Current State:
Drugs, Poisons and Controlled Substances (Amendment) Act

2001, No. 61/2001
Assent Date:
23.10.01
Commencement Date:
S. 16(1) on 1.1.02: s. 2(2)
Current State:

the Crimes Act 1958
(Enforcement) (Amendment) Act 2001, No. 69/2001
Assent Date:
7.11.01
Commencement Date:
S. 20 on 8.11.01: s. 2(1)
Current State:

the Crimes Act 1958
Sentencing (Emergency Service Costs) Act 2001, No.

80/2001
Assent Date:
4.12.01
Commencement Date:
S. 7 on 5.12.01: s. 2
Current State:

the Crimes Act 1958
Statute Law (Further Revision) Act 2002, No.

11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 13) on 24.4.02: s. 2(1)
Current State:
the Crimes Act 1958
Crimes (DNA Database) Act 2002, No.

16/2002
Assent Date:
21.5.02
Commencement Date:
S. 18(2) on 1.1.02: s. 2(2); ss 1–18(1), 19 on

22.5.02: s. 2(1)
Current State:
Criminal Justice Legislation (Miscellaneous Amendments)

Act 2002, No. 35/2002
Assent Date:
18.6.02
Commencement Date:
Ss 3–5, 28(Sch. item 3) on 19.6.02: s.

2(1)
Current State:

the Crimes Act 1958
Crimes (Property Damage and Computer Offences) Act 2003,

No. 10/2003
Assent Date:
6.5.03
Commencement Date:
Ss 4–9 on 7.5.03: s. 2
Current State:

the Crimes Act 1958
Australian Crime Commission (State Provisions) Act 2003,

No. 52/2003
Assent Date:
16.6.03
Commencement Date:
S. 52(Sch. 1 item 2) on 17.6.03:

s. 2(1)
Current State:

the Crimes Act 1958
Confiscation (Amendment) Act 2003,

No. 63/2003
Assent Date:
30.9.03
Commencement Date:
S. 43, 44 on 1.12.03: s. 2(2)
Current State:

the Crimes Act 1958
Cemeteries and Crematoria Act 2003,

No. 80/2003
Assent Date:
11.11.03
Commencement Date:
S. 185 on 1.7.05: s. 2
Current State:

the Crimes Act 1958
Crimes (Money Laundering) Act 2003,

No. 104/2003
Assent Date:
9.12.03
Commencement Date:
Ss 3, 4 on 1.1.04: s. 2(3)
Current State:

the Crimes Act 1958
Crimes (Stalking) Act 2003,
No. 105/2003
Assent Date:
9.12.03
Commencement Date:
10.12.03: s. 2
Current State:
Justice Legislation (Sexual Offences and Bail) Act 2004,

No. 20/2004
Assent Date:
18.5.04
Commencement Date:
Ss 3–7 on 19.5.04: s. 2
Current State:

the Crimes Act 1958

41/2004
Assent Date:
16.6.04
Commencement Date:
17.6.04: s. 2
Current State:
Sex Offenders Registration Act 2004, No.

56/2004
Assent Date:
21.9.04
Commencement Date:
S. 79 on 1.10.04: s. 2
Current State:

the Crimes Act 1958
Crimes (Dangerous Driving) Act 2004, No.

59/2004
Assent Date:
12.10.04
Commencement Date:
13.10.04: s. 2
Current State:
Sentencing (Superannuation Orders) Act 2004, No.

65/2004
Assent Date:
12.10.04
Commencement Date:
S. 4(1) on 13.10.04: s. 2
Current State:

the Crimes Act 1958
Children and Young Persons (Age Jurisdiction) Act 2004,

No. 72/2004
Assent Date:
9.11.04
Commencement Date:
Ss 24–33 on 1.7.05: s. 2(2)
Current State:

the Crimes Act 1958
Public Administration Act 2004,

No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 48) on 5.4.05: Government Gazette

31.3.05 p. 602
Current State:

the Crimes Act 1958

(Enforcement) (Amendment) Act 2005, No. 6/2005
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:

the Crimes Act 1958

10/2005
Assent Date:
27.4.05
Commencement Date:
S. 4(Sch. 2 item 1) on 28.4.05:

s. 2
Current State:

the Crimes Act 1958
Legal Profession (Consequential Amendments) Act 2005, No.
18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 27) on 12.12.05: Government Gazette

1.12.05 p. 2781
Current State:

the Crimes Act 1958
Vagrancy (Repeal) and Summary Offences (Amendment) Act

2005, No. 56/2005
Assent Date:
13.9.05
Commencement Date:
Ss 6, 7 on 14.9.05: s. 2
Current State:

the Crimes Act 1958
Crimes (Contamination of Goods) Act 2005, No.

66/2005
Assent Date:
11.10.05
Commencement Date:
12.10.05: s. 2
Current State:
Crimes (Homicide) Act 2005, No.

77/2005
Assent Date:
22.11.05
Commencement Date:
Ss 3–7, 8(3), 9 on 23.11.05:

s. 2
Current State:

the Crimes Act 1958
Road Safety and Other Acts (Vehicle Impoundment and Other

Assent Date:
29.11.05
Commencement Date:
S. 9 on 1.7.06: s. 2(3)
Current State:

the Crimes Act 1958
Health Professions Registration Act 2005, No.

97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 14) on 1.7.07: s.

2(3)
Current State:

the Crimes Act 1958
Crimes (Sexual Offences) Act 2006, No. 2/2006

Assent Date:
7.3.06
Commencement Date:
Ss 3–19B, 42 on 1.12.06: s. 2(2)
Current State:

the Crimes Act 1958
Crimes (Document Destruction) Act 2006,

No. 6/2006
Assent Date:
4.4.06
Commencement Date:
S. 3 on 1.9.06: s. 2(2)
Current State:

the Crimes Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006,

No. 14/2006
Assent Date:
11.4.06
Commencement Date:
Ss 13–15 on 12.4.06: s. 2(1)
Current State:

the Crimes Act 1958
Disability Act 2006, No. 23/2006
Assent Date:
16.5.06
Commencement Date:
S. 236 on 1.7.07: s. 2(3)
Current State:

the Crimes Act 1958
Justice Legislation (Further Miscellaneous Amendments)

Act 2006, No. 27/2006
Assent Date:
6.6.06
Commencement Date:
Ss 3–18 on 30.6.06: s. 2
Current State:

the Crimes Act 1958
Children, Youth and Families (Consequential and Other

Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 9) on 23.4.07: s. 2(3)
Current State:

the Crimes Act 1958
Courts Legislation (Jurisdiction) Act 2006, No.

50/2006
Assent Date:
15.8.06
Commencement Date:
Ss 7, 9, 11 on 16.8.06: s. 2(1); s. 10 on 1.11.06:

Government Gazette 5.10.06 p. 2100; ss 6, 8, 12 on 1.7.07: s.
2(3)
Current State:

the Crimes Act 1958
Crimes (Sexual Offences) (Further Amendment) Act 2006,

No. 76/2006
Assent Date:
10.10.06
Commencement Date:
Ss 3, 4 on 1.12.06: s. 2(4)
Current State:

the Crimes Act 1958
Crimes Amendment (DNA Database) Act 2007, No.

32/2007
Assent Date:
24.7.07
Commencement Date:
25.7.07: s. 2
Current State:
Firearms Amendment Act 2007,

No. 50/2007
Assent Date:
17.10.07
Commencement Date:
1388
Current State:

the Crimes Act 1958
Crimes Amendment (Rape) Act 2007, No.

57/2007
Assent Date:
27.11.07
Commencement Date:
Ss 8, 9 on 28.11.07: s. 2(2); ss 3–7 on 1.1.08:

s. 2(3)
Current State:

the Crimes Act 1958
Crimes Amendment (Child Homicide) Act 2008, No.
7/2008
Assent Date:
18.3.08
Commencement Date:
Ss 3–6, 7(3) on 19.3.08: s. 2
Current State:

the Crimes Act 1958
Criminal Procedure Legislation Amendment Act 2008, No.

8/2008
Assent Date:
18.3.08
Commencement Date:
S. 22(1) on 23.4.07: s. 2(2); s. 13 on 1.7.08:

s. 2(5)
Current State:

the Crimes Act 1958
Infringements and Other Acts Amendment Act 2008,

No. 9/2008
Assent Date:
18.3.08
Commencement Date:
S. 10 on 1.7.08: Special Gazette (No. 172) 27.6.08 p.

1
Current State:
the Crimes Act 1958
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 16) on 1.12.08: s.

2(2)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Sex Offences Procedure)

Act 2008, No. 18/2008
Assent Date:
13.5.08
Commencement Date:
Ss 3–5 on 1.7.08: s. 2(2)
Current State:

the Crimes Act 1958
Courts Legislation Amendment (Associate Judges) Act 2008,

No. 24/2008
Assent Date:
3.6.08
Commencement Date:
S. 77 on 17.12.08: Special Gazette (No. 377) 16.12.08 p.

1
Current State:

the Crimes Act 1958
Police Integrity Act 2008, No.

34/2008
Assent Date:
1.7.08
Commencement Date:
S. 143(Sch. 2 item 3) on 5.12.08: Special Gazette

(No. 340) 4.12.08 p. 1
Current State:

the Crimes Act 1958
Public Health and Wellbeing Act 2008, No.

46/2008
Assent Date:
2.9.08
Commencement Date:
S. 272 on 1.1.10: s. 2(2)
Current State:

the Crimes Act 1958
Family Violence Protection Act 2008, No.

52/2008
Assent Date:
23.9.08
Commencement Date:

p. 1
Current State:

the Crimes Act 1958
Abortion Law Reform Act 2008, No.

58/2008
Assent Date:
22.10.08
Commencement Date:
Ss 9–11 on 23.10.08: s. 2
Current State:

the Crimes Act 1958
Stalking Intervention Orders Act 2008, No.

68/2008
Assent Date:
18.11.08
Commencement Date:

p. 1
Current State:

the Crimes Act 1958
Courts Legislation Amendment (Costs Court and Other

Matters) Act 2008, No. 78/2008
Assent Date:
11.12.08
Commencement Date:
S. 25 on 31.12.09: s. 2(3)
Current State:

the Crimes Act 1958
Crimes Legislation Amendment (Food and Drink Spiking) Act

2009, No. 1/2009
Assent Date:
10.2.09
Commencement Date:
S. 3 on 11.2.09: s. 2
Current State:

the Crimes Act 1958
Relationships Amendment (Caring Relationships) Act 2009,

No. 4/2009
Assent Date:
10.2.09
Commencement Date:
S. 37(Sch. 1 item 9) on 1.12.09:

s. 2(2)
Current State:

the Crimes Act 1958
Criminal Procedure Act 2009, No. 7/2009 (as

Assent Date:
10.3.09
Commencement Date:

p. 3215
Current State:

the Crimes Act 1958
Crimes Amendment (Identity Crime) Act 2009, No.

22/2009
Assent Date:
17.6.09
Commencement Date:
Ss 3, 4 on 16.7.09: Government Gazette 16.7.09

p. 1884
Current State:

the Crimes Act 1958
Justice Legislation Amendment Act 2009,

No. 25/2009
Assent Date:
17.6.09
Commencement Date:

p. 2331
Current State:
the Crimes Act 1958
Criminal Procedure Amendment (Consequential and

Transitional Provisions) Act 2009, No. 68/2009 (as amended by
No. 29/2011)
Assent Date:
24.11.09
Commencement Date:
S. 97(Sch. item 40) on 1.1.10: Government Gazette 10.12.09

p. 3215
Current State:

the Crimes Act 1958
Statute Law Amendment (Evidence Consequential Provisions)

Act 2009, No. 69/2009
Assent Date:
24.11.09
Commencement Date:
Ss 37–51 on 1.1.10: s. 2(2)
Current State:

the Crimes Act 1958
Justice Legislation Miscellaneous Amendments Act 2009,

Assent Date:
15.12.09
Commencement Date:
Ss 3–5 on 1.11.10: s. 2(5)

Current State:

the Crimes Act 1958
Transport Legislation Amendment (Hoon Boating and Other

Assent Date:
15.12.09
Commencement Date:

p. 3339
Current State:

the Crimes Act 1958
Crimes Legislation Amendment Act 2010,

No. 7/2010
Assent Date:
16.3.10
Commencement Date:
S. 3 on 17.3.10: s. 2
Current State:

the Crimes Act 1958
Statute Law Amendment (National Health Practitioner

Regulation) Act 2010, No. 13/2010
Assent Date:
30.3.10
Commencement Date:
S. 51(Sch. item 17) on 1.7.10: s. 2(2)
Current State:

the Crimes Act 1958
Supported Residential Services (Private Proprietors) Act

2010, No. 49/2010
Assent Date:
24.8.10
Commencement Date:
Ss 227, 228 on 1.7.12: s. 2(2)
Current State:

the Crimes Act 1958
Personal Safety Intervention Orders Act 2010,
No. 53/2010
Assent Date:
7.9.10
Commencement Date:
S. 221(Sch. item 4) on 5.9.11: Special Gazette

(No. 271) 23.8.11 p. 1
Current State:

the Crimes Act 1958
Consumer Affairs Legislation Amendment (Reform) Act 2010,

No. 63/2010
Assent Date:
28.9.10
Commencement Date:
S. 81(Sch. item 4) on 1.11.10:

s. 2(2)
Current State:

the Crimes Act 1958
Justice Legislation Further Amendment Act 2010,

No. 64/2010
Assent Date:
28.9.10
Commencement Date:
Ss 3–6 on 1.11.10: s. 2(2)

Current State:

the Crimes Act 1958
Marine Safety Act 2010, No. 65/2010
Assent Date:
28.9.10
Commencement Date:
S. 420(Sch. 3 item 3) on 1.7.12:

s. 2(2)
Current State:

the Crimes Act 1958
Crimes Amendment (Bullying) Act 2011,

No. 20/2011
Assent Date:
7.6.11
Commencement Date:
S. 5(2) on 12.12.07: s. 2(2); ss 3–5(1) on

8.6.11: s. 2(4)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Infringement Offences) Act

2011, No. 27/2011 (as amended by No. 26/2012)
Assent Date:
21.6.11
Commencement Date:
S. 5 on 1.7.14: s. 2(5)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Protective Services

Officers) Act 2011, No. 43/2011
Assent Date:
6.9.11
Commencement Date:
Ss 14–17 on 28.11.11: Special Gazette (No. 379)

22.11.11 p. 1
Current State:

the Crimes Act 1958
Crimes and Domestic Animals Acts Amendment (Offences and
Penalties) Act 2011, No. 55/2011
Assent Date:
2.11.11
Commencement Date:
S. 3 on 3.11.11: s. 2
Current State:

the Crimes Act 1958
Children's Services Amendment Act 2011,

No. 80/2011
Assent Date:
21.12.11
Commencement Date:

(No. 423) 21.12.11 p. 2
Current State:

the Crimes Act 1958
Statute Law Revision Act 2012,

No. 43/2012
Assent Date:
27.6.12
Commencement Date:
S. 3(Sch. item 11) on 28.6.12: s. 2(1)
Current State:
the Crimes Act 1958
Criminal Procedure Amendment Act 2012,

No. 48/2012
Assent Date:
4.9.12
Commencement Date:
S. 47 on 5.9.12: s. 2(1)
Current State:

the Crimes Act 1958
Integrity and Accountability Legislation Amendment Act

2012, No. 82/2012
Assent Date:
18.12.12
Commencement Date:

p. 2
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Family Violence and Other

Assent Date:
18.12.12
Commencement Date:
p. 1
Current State:

the Crimes Act 1958
Crimes Amendment (Gross Violence Offences) Act 2013,

No. 6/2013
Assent Date:
26.2.13
Commencement Date:

21.5.13 p. 1
Current State:

the Crimes Act 1958
Crimes Amendment (Integrity in Sports) Act 2013,
No. 20/2013
Assent Date:
23.4.13
Commencement Date:
24.4.13: s. 2
Current State:
Succession to the Crown (Request) Act 2013,

No. 60/2013
Assent Date:
22.10.13
Commencement Date:
S. 6(Sch. 2 item 1) on 26.3.15:

s. 2(3)
Current State:

the Crimes Act 1958
Statute Law Revision Act 2013,

No. 70/2013
Assent Date:
19.11.13
Commencement Date:
S. 5(Sch. 3 item 1) on 1.12.13:

s. 2(1)
Current State:
the Crimes Act 1958
Crimes Amendment (Investigation Powers) Act 2013, No.

72/2013
Assent Date:
3.12.13
Commencement Date:
Ss 3−18 on 1.7.14: s. 2(2)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Miscellaneous) Act 2013,

No. 77/2013
Assent Date:
17.12.13
Commencement Date:
Ss 15, 16 on 18.12.13: s. 2(1)
Current State:

the Crimes Act 1958
Crimes Amendment (Grooming) Act 2014,

No. 7/2014
Assent Date:
25.2.14
Commencement Date:
Ss 3, 4 on 9.4.14: Special Gazette (No. 112) 8.4.14

p. 1
Current State:

the Crimes Act 1958
Domestic Animals Amendment Act 2014,

No. 8/2014
Assent Date:
25.2.14
Commencement Date:
Ss 32–35 on 1.7.14: s. 2(2)
Current State:

the Crimes Act 1958
Legal Profession Uniform Law Application Act 2014,
No. 17/2014
Assent Date:
25.3.14
Commencement Date:
S. 160(Sch. 2 item 28) on 1.7.15: Special Gazette

(No. 151) 16.6.15 p. 1
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Discovery, Disclosure and

Other Matters) Act 2014, No. 25/2014
Assent Date:
8.4.14
Commencement Date:
Ss 14, 15 on 9.4.14: s. 2(1)
Current State:

the Crimes Act 1958
Mental Health Act 2014, No. 26/2014
Assent Date:
8.4.14
Commencement Date:
S. 455(Sch. item 7) on 1.7.14: s. 2(1)
Current State:
the Crimes Act 1958
Crimes Amendment (Protection of Children) Act 2014,

No. 36/2014
Assent Date:
3.6.14
Commencement Date:
Ss 4, 5 on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1;

s. 7(1)(2)(3) on 27.10.14: s. 2(2); s. 8 on 27.10.14: s. 2(3); s. 3 on
1.7.15: s. 2(5)
Current State:

the Crimes Act 1958
Victoria Police Amendment (Consequential and Other

Assent Date:
3.6.14
Commencement Date:

(No. 200) 24.6.14 p. 2
Current State:

the Crimes Act 1958
Sentencing Amendment (Baseline Sentences) Act 2014,

No. 52/2014
Assent Date:
12.8.14
Commencement Date:
Ss 11–16 on 2.11.14: Special Gazette (No. 350) 7.10.14

p. 1
Current State:

the Crimes Act 1958
Powers of Attorney Act 2014,

No. 57/2014
Assent Date:
26.8.14
Commencement Date:
S. 149 on 1.9.15: s. 2(2)
Current State:

the Crimes Act 1958
Privacy and Data Protection Act 2014,

No. 60/2014
Assent Date:
2.9.14
Commencement Date:
S. 140(Sch. 3 item 8) on 17.9.14: Special

Gazette (No. 317) 16.9.14 p. 1
Current State:

the Crimes Act 1958
Crimes Amendment (Abolition of Defensive Homicide) Act

2014, No. 63/2014
Assent Date:
9.9.14
Commencement Date:
Ss 3, 4, 6, 7(3)–(7), 8 on 1.11.14: Special Gazette

(No. 350) 7.10.14 p. 1
Current State:

the Crimes Act 1958
Sentencing Amendment (Emergency Workers) Act 2014, No.

69/2014 (as amended by No. 72/2014)
Assent Date:
23.9.14
Commencement Date:
Ss 8, 11–13 on 2.11.14: Special Gazette (No. 330)

23.9.14 p. 1
Current State:
the Crimes Act 1958
Sentencing Amendment (Coward's Punch Manslaughter and

Assent Date:
30.9.14
Commencement Date:
Ss 3–5 on 1.11.14: s. 2(4)
Current State:

the Crimes Act 1958
Crimes Amendment (Sexual Offences and Other Matters) Act

2014, No. 74/2014 (as amended by No. 14/2015
s. 69(2))
Assent Date:
21.10.14
Commencement Date:
Ss 5, 6 on 22.10.14: s. 2(1); ss 8, 9 on 3.11.14:

Special Gazette (No. 400) 29.10.14 p. 1; ss 3, 4, 7 on 1.7.15:
s. 2(3)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Confiscation and Other

Assent Date:
21.10.14
Commencement Date:
Ss 69, 70 on 22.10.14: s. 2(1)

Current State:

the Crimes Act 1958
Jury Directions Act 2015,

No. 14/2015
Assent Date:
12.5.15
Commencement Date:
Ss 69(7)(8), 79 on 29.6.15: s. 2(4)
Current State:

the Crimes Act 1958
Crimes Amendment (Repeal of Section 19A) Act 2015,
No. 17/2015
Assent Date:
2.6.15
Commencement Date:
S. 3 on 3.6.15: s. 2
Current State:

the Crimes Act 1958
Justice Legislation Amendment Act 2015,

No. 20/2015
Assent Date:
16.6.15
Commencement Date:
Ss 21–24, 49 on 17.6.15: s. 2(3)
Current State:

the Crimes Act 1958
Crimes Amendment (Child Pornography and Other Matters)

Act 2015, No. 42/2015
Assent Date:
22.9.15
Commencement Date:
Ss 3–11 on 1.12.15: s. 2(2)
Current State:
the Crimes Act 1958
Firearms Amendment (Trafficking and Other Measures) Act

2015, No. 44/2015
Assent Date:
22.9.15
Commencement Date:

p. 1.
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Police Custody Officers)

Act 2015, No. 59/2015
Assent Date:
18.11.15
Commencement Date:
Ss 25–27 on 19.11.15: s. 2
Current State:

the Crimes Act 1958
Bail Amendment Act 2016,

No. 1/2016
Assent Date:
16.2.16
Commencement Date:
S. 22(1) on 2.5.16: Special Gazette (No. 103)

19.4.16 p. 1
Current State:

the Crimes Act 1958
Access to Medicinal Cannabis Act 2016,

No. 20/2016
Assent Date:
26.4.16
Commencement Date:
Ss 143–145 on 14.9.16: Special Gazette

(No. 284) 13.9.16 p. 1
Current State:

the Crimes Act 1958
Health Complaints Act 2016, No.

22/2016
Assent Date:
3.5.16
Commencement Date:
Ss 167, 168 on 1.2.17: s. 2(2)
Current State:

the Crimes Act 1958
Crimes Legislation Amendment Act 2016, No.

28/2016
Assent Date:
31.5.16
Commencement Date:
S. 13 on 1.6.16: s. 2(1); ss 6, 7 on 3.10.16: Special

Gazette (No. 296) 27.9.16 p. 1
Current State:

the Crimes Act 1958
Witness Protection Amendment Act 2016, No.

34/2016
Assent Date:
15.6.16
Commencement Date:

p. 1
Current State:
the Crimes Act 1958
Crimes Amendment (Sexual Offences) Act 2016, No.

47/2016
Assent Date:
6.9.16
Commencement Date:
Ss 3–23 on 1.7.17: s. 2(2)
Current State:

the Crimes Act 1958
Crimes Amendment (Carjacking and Home Invasion) Act 2016,

No. 50/2016
Assent Date:
18.10.16
Commencement Date:
Ss 3, 4 on 7.12.16: Special Gazette (No. 375) 6.12.16 p.

1
Current State:

the Crimes Act 1958
Police and Justice Legislation Amendment (Miscellaneous)

Act 2016, No. 54/2016
Assent Date:
18.10.16
Commencement Date:
Ss 27–30 on 19.10.16: s. 2(1)

Current State:

the Crimes Act 1958
Sentencing (Community Correction Order) and Other Acts

Amendment Act 2016, No. 65/2016
Assent Date:
15.11.16
Commencement Date:
Ss 20, 25 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1;

s. 24 on 1.7.17: s. 2(2)
Current State:

the Crimes Act 1958
Crimes Legislation Further Amendment Act 2017, No.

6/2017
Assent Date:
15.3.17
Commencement Date:
Ss 13, 14 on 1.4.17: s. 2(2)
Current State:

the Crimes Act 1958
Family Violence Protection Amendment Act 2017, No.

19/2017
Assent Date:
16.5.17
Commencement Date:
Ss 54, 55 on 16.11.17: Special Gazette (No. 388) 15.11.17 p.

1
Current State:

the Crimes Act 1958
Freedom of Information Amendment (Office of the Victorian

Information Commissioner) Act 2017, No. 20/2017
Assent Date:
16.5.17
Commencement Date:
S. 134(Sch. 1 item 5) on 1.9.17:

s. 2(3)
Current State:
the Crimes Act 1958
Sex Offenders Registration Amendment (Miscellaneous)

Act 2017, No. 25/2017
Assent Date:
20.6.17
Commencement Date:
Ss 50–52, 54, 55 on 1.3.18: s. 2(4)
Current State:

the Crimes Act 1958
Bail Amendment (Stage One) Act 2017, No.

26/2017
Assent Date:
27.6.17
Commencement Date:

p. 1
Current State:

the Crimes Act 1958
Crimes Legislation Amendment (Public Order) Act 2017, No.

32/2017
Assent Date:
15.8.17
Commencement Date:

p. 1
Current State:

the Crimes Act 1958
Sentencing Amendment (Sentencing Standards) Act 2017, No.

34/2017
Assent Date:
15.8.17
Commencement Date:

28.11.17 p. 1; ss 24–35 on 1.2.18: Special Gazette (No. 28) 30.1.18
p. 1
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Court Security, Juries and

Assent Date:
29.8.17
Commencement Date:
S. 81 on 30.8.17: s. 2(1)
Current State:

the Crimes Act 1958
Children and Justice Legislation Amendment (Youth Justice

Reform) Act 2017, No. 43/2017
Assent Date:
26.9.17
Commencement Date:
S. 64(5) on 30.11.17: Special Gazette (No. 406) 28.11.17 p.

1; s. 4 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1;
s. 48 on 5.4.18: Special Gazette (No. 136) 27.3.18
p. 1
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Protective Services

Officers and Other Matters) Act 2017, No. 45/2017
Assent Date:
26.9.17
Commencement Date:

p. 3
Current State:

the Crimes Act 1958
Crimes Legislation Amendment (Protection of Emergency

Workers and Others) Act 2017, No. 65/2017
Assent Date:
19.12.17
Commencement Date:
Ss 3–14, 24(1) on 5.4.18: Special Gazette

(No. 136) 27.3.18 p. 1
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Victims) Act 2018,

No. 5/2018
Assent Date:
27.2.18
Commencement Date:
Ss 3–10, 42 on 28.2.18: s. 2(1)
Current State:

the Crimes Act 1958
Oaths and Affirmations Act 2018, No.

6/2018
Assent Date:
27.2.18
Commencement Date:
Ss 63, 68(Sch. 2 item 35) on 1.3.19: s.
2(2)
Current State:

the Crimes Act 1958
Road Safety Amendment (Automated Vehicles) Act 2018, No.

8/2018
Assent Date:
27.2.18
Commencement Date:
S. 14 on 28.2.18: s. 2
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Terrorism) Act 2018,
No. 32/2018
Assent Date:
7.8.18
Commencement Date:
S. 131 on 8.8.18: s. 2(1)
Current State:

the Crimes Act 1958
Justice Legislation Amendment (Family Violence Protection

and Other Matters) Act 2018, No. 33/2018
Assent Date:
14.8.18
Commencement Date:

p. 1
Current State:

the Crimes Act 1958
Justice Legislation Miscellaneous Amendment Act 2018, No.

48/2018
Assent Date:
25.9.18
Commencement Date:
Ss 19, 19A, 85–96 on 28.10.18: Special Gazette

(No. 480) 16.10.18 p. 1; ss 16–18 on 1.10.19: s.
2(5)
Current State:
the Crimes Act 1958
Justice Legislation Amendment (Police and Other Matters)

Act 2019, No. 3/2019
Assent Date:
13.3.19
Commencement Date:
Ss 3–5 on 5.6.19: Special Gazette (No. 215) 4.6.19

p. 1; ss 52–78 on 1.7.19: Special Gazette (No. 215) 4.6.19
p. 1
Current State:

the Crimes Act 1958
Guardianship and Administration Act 2019, No.

13/2019
Assent Date:
4.6.19
Commencement Date:
S. 221(Sch. 1 item 11) on 1.3.20:

s. 2(2)
Current State:

the Crimes Act 1958
Disability (National Disability Insurance Scheme

Transition) Amendment Act 2019, No. 19/2019
Assent Date:
25.6.19
Commencement Date:
S. 257 on 1.7.19: Special Gazette (No. 254)
25.6.19 p. 1
Current State:

the Crimes Act 1958
Children Legislation Amendment Act 2019,

No. 30/2019
Assent Date:
17.9.19
Commencement Date:
Ss 16, 17 on 17.2.20: Special Gazette (No. 49)

4.2.20 p. 1
Current State:

the Crimes Act 1958
Health Legislation Amendment and Repeal Act 2019, No.
34/2019
Assent Date:
22.10.19
Commencement Date:
Ss 45−47 on 23.10.19: s. 2(1)
Current State:

the Crimes Act 1958
Workplace Safety Legislation Amendment (Workplace

Manslaughter and Other Matters) Act 2019,
No. 50/2019
Assent Date:
3.12.19
Commencement Date:
S. 9 on 1.7.20: s. 2(2)
Current State:

the Crimes Act 1958
Crimes Amendment (Manslaughter and Related Offences)

Act 2020, No. 16/2020
Assent Date:
10.6.20
Commencement Date:
Ss 3−9 on 1.7.20: s. 2(2)
Current State:
the Crimes Act 1958
Sentencing Amendment (Emergency Worker Harm)

Act 2020, No. 23/2020
Assent Date:
30.6.20
Commencement Date:
Ss 9−18 on 1.7.20: s. 2(1)
Current State:

the Crimes Act 1958
–––––––––––&#8211
;–––––––––––&#821
1;–––––––––––&#82
11;–––––––––––&#8
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:
1.2.66: reg. 1(1)
–––––––––––&#8211
;–––––––––––&#821
1;–––––––––––&#82
11;–––––––––––&#8
211;–––––––––––&#
8211;–
3 Amendments Not in Operation
This version does not contain amendments that are not yet in
operation.
4 Explanatory details
[1] Pt 1 Div. 1 Subdiv.

(3):
Pt 1 Div. 1 Subdiv. (3) (Heading) repealed by No. 25/1989

s. 20(b).
Ss 11–13 amended by No. 9576 s. 11(1), repealed by

No. 10233 s. 8(1).
S. 14 amended by No. 9576 s. 11(1), repealed by No. 10233

s. 5.
[2] Pt 1 Div. 1 Subdiv. (8C)

(Heading and ss 52, 53) inserted by No. 9509 s. 5, amended by No. 9848
s. 18(1), substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and
ss 45–49) by No. 8/1991 s. 3, amended by Nos 49/1991
s. 119(3)(Sch. 3 items 4A, 5–8), 102/1994 s. 93,
48/1997 s. 60(1)(Sch. 1 items 22–27), 81/1997 s. 5, 67/2000
s. 5, 2/2006 ss 9–13, 8/2008 s. 22(1), 68/2009
s. 97(Sch. items 40.3, 40.4), 7/2010 s. 3, 7/2014 s. 3,
36/2014 s. 3, 37/2014 s. 10(Sch. item 36.4), 52/2014 ss 14, 15,
74/2014 ss 5, 6, 65/2016 s. 20(16)(17), substituted as Pt 1 Div. 1
Subdiv. (8C) (Heading and ss 50A–50K) by No. 47/2016
s. 16.
[3] Pt 1 Div. 1 Subdiv. (12): See

section 6 as to the offence of infanticide.
[4] Ss 96–174:
S. 96 amended by No. 7876 s. 2(3), substituted by No. 8425

s. 2(1)(b), repealed by No. 10260 s. 114(Sch. 4 item
4).
Ss 97–173 repealed by No. 8425 s. 2(1)(b).
S. 174 repealed by No. 7705 s. 10.
[5] S. 175: As to trade and

commerce with other countries and among the States and to dealings with the
Commonwealth, see Parts 7.6 and 7.7 of Chapter 7 of the Criminal Code contained
in the Schedule to the Criminal Code Act 1995 of the Commonwealth.
[6] S. 176: See note 5.
[7] S. 177: See note 5.
[8] S. 178: See note 5.
[9] S. 179: See note 5.
[10] S. 180: See note

5.
[11] S. 181: See note

5.
[12] S. 182: See note

5.
[13] S. 184: See note

5.
[14] S. 185: See note

5.
[15] S. 186: See note

5.
[16] S. 206: See section

435.
[17] S. 232: Compare sections

25–28.
[18] S. 233: See note
17.
[19] Pt 1 Div. 8: See also

sections 15–31, Pt 1 Div. 3, section 466 of this Act and the Dangerous
Goods Act 1985, No. 10189/1985.
[20] S. 317(9)(d): See section

466 of this Act and the Dangerous Goods Act 1985,
No. 10189/1985.
[21] S. 317AC(3): The amendment

proposed by section 7(2) of the Crimes Legislation Amendment (Protection of
Emergency Workers and Others) Act 2017, No. 65/2017 is not included in
this publication because the words "or a custodial officer" do not appear in
section 317AC(3) (excluding the Notes).
Section 7(2) reads as follows:
7 Intentionally exposing an emergency worker or a custodial officer

to
risk by driving
(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:
S. 327 amended by No. 6731 s. 4, repealed by No. 9576

s. 4(1).
S. 328 repealed by No. 9576 s. 4(1).
Ss 329–332 repealed by No. 8425 s. 2(1)(h).
[23] Pt 3 Div. 1 Subdiv. (1)

(Heading and ss 351–356) amended by Nos 7546 s. 7, 7703 s. 5,
7705 s. 10, 9407 s. 2(d), 9576 s. 11(1), 9848 s. 18(1), 10026
s. 3(1)(2), 10233 s. 9(c), 110/1986 s. 140(2), 19/1989
s. 16(Sch. item 16.2), 57/1989 s. 3(Sch. items 42.20, 42.21), 64/1990
s. 12(1), 43/1994 s. 56(Sch. items 1.1–1.5), 10/1999
s. 31(5)(b), 35/1999 s. 34(1), 53/2000 s. 94(2), 50/2006
ss 6, 7(1)(2), repealed by No. 7/2009 s. 422(2)(a) (as amended by
No. 68/2009 s. 54(h)).
[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)).
[28] S. 393 (repealed):

Schedule 3 of the Crimes (Mental Impairment and Unfitness to be Tried) Act
1997, No. 65/1997 reads as follows:
Schedule 3––Savings and transitional provisions
Section 89
1 Definitions
In this Schedule—
"commencement day" means the day on which this Schedule comes

into operation;
"existing detainee" means a person who, immediately before the

commencement day, was subject to an order under section 393 or 420 of the
Crimes Act 1958 (whether by the court or by the Governor).
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.
(2) The nominal term of the custodial supervision order is to be

determined in accordance with section 28 as if the maximum penalty for the
offence which led to the person becoming an existing detainee were the maximum
penalty attaching to that offence on the commencement day.
(3) If the offence referred to in subsection (2) no longer

exists—
(a) the Supreme Court, on application by the existing detainee or the

Director of Public Prosecutions, must determine whether there is an
existing offence, as at the commencement day, with which the existing detainee
could have been charged had it existed at the time of the original charge;
and
(b) if there is such an offence, the nominal term is to be determined

by
reference to the maximum penalty for that offence as at the commencement
day.
(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.
Sch. 3 cl. 2(5) amended by No. 43/1998

s. 40(b)(i).
(5) If the nominal term has expired, a major review must be held within 6
months after the commencement day.
3 Leave
(1) Subject to this clause, an existing detainee who, immediately before

the commencement day, was on leave from the place of detention that
corresponds to leave that may be granted under Part 7 is deemed to be on the
corresponding leave as if granted under that Part, and any conditions to which
the leave was subject immediately before the commencement day continue to
apply.
Sch. 3 cl. 3(2) amended by No. 43/1998

s. 40(b)(ii).
(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.
Sch. 3 cl. 3(4) inserted by No. 7/2002

s. 33(1).
(4) Sections 53 and 54, as in force immediately before the commencement of

sections 24 and 25 of the Forensic Health Legislation (Amendment)
Act 2002, continue to apply in relation to any limited off-ground leave
granted before that commencement, until the expiry of that leave.
4 Revocation of supervision order
(1) Despite anything to the contrary in Part 5, an existing detainee who

has been, or is deemed to have been, on extended leave for a period of at least
12 months may apply to the court that made the original order under which he or
she was detained for revocation of his or her supervision order.
(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.
(3) In considering an application for revocation of a supervision order in

respect of an existing detainee the court may take into account any reports on
the existing detainee made by, or submitted to, the Adult Parole Board before
the commencement day.
5 Persons released under section 498 of Crimes

Act 1958
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.
6 Unfitness to stand trial
(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.
7 Mental impairment and insanity
(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.
(2) If a jury returns a verdict of not guilty on account of insanity in

relation to a person charged with an offence alleged to have been committed
before the commencement day, that verdict is to be taken for all purposes to be
a finding of not guilty because of mental impairment under Part 4.
Sch. 3 cl. 8 inserted by No. 7/2002

s. 33(2).
8 Periodic major reviews
Section 35, as amended by section 14 of the Forensic Health Legislation

(Amendment) Act 2002, applies to a supervision order made before, on or
after the commencement of that section 14.

s. 33(2).
9 Notification requirements
Sections 38A, 38B, 38C and 38E, as inserted by section 17 of the

Forensic Health Legislation (Amendment) Act 2002, apply
to—
(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.

s. 33(2).
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—
(a) the order had been appealed before that commencement; or
(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—
commencement.
(3) An order confirming, varying or revoking a supervision order can be

appealed under section 34 (as substituted by section 13 of the Forensic
Health Legislation (Amendment) Act 2002) or section 34A (as the case
may be) whether the order was made before or after the commencement of that
section, unless—
commencement.
(4) A refusal to grant extended leave or a grant of extended leave can be

appealed under section 57B whether the refusal or grant was made before or after
the commencement of that section.
(5) A revocation of extended leave or a refusal to revoke extended leave

can be appealed under section 58A whether the revocation or refusal was made
before or after the commencement of that section.
(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.

s. 97(Sch. item 39.52).
11 Transitional provisions—Criminal Procedure

Act 2009
(1) Section 14A as inserted by section 423 of the Criminal Procedure

Act 2009 applies to a finding on an investigation under Part 2 that an
accused is unfit to stand trial made on or after the commencement of section 423
of that Act.
(2) Section 24AA as inserted by section 424 of the Criminal Procedure

Act 2009 applies to a verdict of not guilty because of mental impairment
recorded on or after the commencement of section 424 of that Act.

s. 97(Sch. item 39.52).
12 Transitional provisions—Criminal Procedure Amendment

(Consequential and Transitional Provisions) Act 2009
(1) Section 19A as amended by item 39.17 of the Schedule to the

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act
2009 applies to an appeal under that section where the order to which the
appeal relates is made on or after the commencement of that item.


(4) Section 34 as amended by item 39.28 of the Schedule to the


2009 applies to an appeal against the revocation of a non-custodial
supervision order where the order revoking the supervision order is made on or
after the commencement of that item.
(6) Section 57B as amended by item 39.38 of the Schedule to the

2009 applies to an appeal under that section where the application for
extended leave is refused or granted, as the case may be, on or after the
commencement of that item.

2009 applies to an appeal under that section where the extended leave is
revoked or the application for revocation of extended leave is refused, as the
case may be, on or after the commencement of that item.
(8) Section 73H as amended by item 39.44 of the Schedule to the

(9) Section 73N as amended by item 39.46 of the Schedule to the

s. 36, amended by No. 29/2011 s. 3(Sch. 1
item 23).
13 Transitional provision—Health and Human Services Legislation

Amendment Act 2010
Any act matter or thing of a continuing nature that was done by or in

relation to, or any proceeding brought by or against, the Secretary to the
Department of Human Services before the commencement of Division 1 of Part 5 of
the Health and Human Services Legislation Amendment Act 2010 is to be
taken to be done by or in relation to, and may be brought by or against, the
Secretary to the Department of Health after that commencement if the act matter
or thing or proceeding relates to—
(a) a forensic patient; or
(b) an approved mental health service.

s. 131.
15 Transitional provision—Criminal Organisations Control and

Other Acts Amendment Act 2014
This Act as amended by Division 1 of Part 5 of the Criminal

Organisations Control and Other Acts Amendment Act 2014 applies
to—
(a) a proceeding for an offence that is commenced on or after the

commencement of Division 1 of Part 5 of that Act; and
(b) a proceeding for an offence that, on the commencement of Division

1 of
Part 5 of that Act, is before the Children's Court, irrespective of when the
proceeding was commenced.
Sch. 3 cl. 16 inserted by

No. 6/2017 s. 12.
16 Transitional provision—Crimes Legislation Further Amendment
Act 2017
This Act as amended by Part 3 of the Crimes Legislation Further

Amendment Act 2017 applies to an investigation into the fitness of an
accused to stand trial that commences on or after the day on which that Part
[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:
S. 406 repealed by No. 9576 s. 11(1).
S. 407 repealed by No. 25/1989 s. 9.
S. 408 amended by Nos 6886 s. 3, 7184 s. 5, 7327 s. 3(a)(b),

7696 s. 2, repealed by No. 8143 s. 11.
S. 408A inserted by No. 6806 s. 2, amended by Nos 7327

s. 3(a)–(d), 7546 s. 10(1)(2), 7645 s. 6, 7696 s. 3,
7782 ss 2, 3, repealed by No. 8143 s. 11.
[31] S. 420 (repealed):

See note 28.
[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)).
[33] S. 464S: The amendments

proposed by section 118(Sch. 1 items 15.2–15.6, 15.8) to the
Medical Practice Act 1994, No. 23/1994 (repealed) are not
included in this publication because section 464S had been substituted before
the proposed amendments came into operation.
[34] S. 464T(1)(c): See note

33.
[35] S. 464U(5): See note

33.
[36] S. 464V(6)(d): See note

33.
[37] S. 464X(1): See note

33.
[38] S. 464ZE: See note

33.
[39] S. 466: See Dangerous

Goods Act 1985, No. 10189/1985.
[40] Ss
472–476A:
S. 472 repealed by No. 8679 s. 3(1)(b), new s. 472 inserted

by No. 9576 s. 8(b), amended by No. 10260 s. 114(Sch. 4 item
4), repealed by No. 70/1987 s. 6.
S. 473 substituted by No. 6884 s. 2(3), amended by No. 7651

s. 2(1)(Sch. item 3), repealed by No. 8679 s. 3(1)(b).
Ss 474, 475 repealed by No. 8679 s. 3(1)(b).
S. 476 amended by Nos 8338 s. 7(a), 8426 s. 9(1) (as amended by

No. 8701 s. 7(f)), 8870 s. 7(a), 9554 s. 47(a)(b), 9945
s. 3(3)(Sch. 2 item 9), substituted by No. 10084 s. 8(1),
S. 476A inserted by No. 6651 s. 57(a), repealed by No. 10084

s. 8(2).
[41] Ss
477–479:
S. 477 amended by Nos 6731 s. 5, 8338 s. 7(a)(b), repealed by

No. 9554 s. 2(1)(Sch. 1 item 7).
S. 478 amended by Nos 8280 s. 16, 9576 ss 8(c), 11(1), 9945

s. 3(3)(Sch. 2 item 10), repealed by No. 10260 s. 114(Sch. 4
item 4).

s. 114(Sch. 4 item 4).
[42] Ss
480–484:
Ss 480, 481 amended by No. 8181 s. 2(1)(Sch. item 31), repealed

by No. 10260 s. 114(Sch. 4 item 4).
Ss 482, 483 amended by No. 10087 s. 3(1)(Sch. 1 item 27),

S. 484 amended by Nos 9554 s. 2(1)(Sch. 1 item 8), 9945

s. 3(3)(Sch. 2 item 11), 10152 s. 9(b)(i)(ii), repealed by
No. 10260 s. 114(Sch. 4 item 4).
[43] Ss
485–492:
S. 485 amended by No. 8338 s. 7(b), repealed by No. 8679

s. 3(1)(b).
Ss 486, 487 amended by No. 8338 s. 7(a)(c), repealed by No. 8679

s. 3(1)(b).
S. 488 amended by No. 8338 s. 7(a)(c)(l), repealed by No. 8679

s. 3(1)(b).
Ss 489, 490 amended by No. 8338 s. 7(a), repealed by No. 8679

s. 3(1)(b).
S. 491 repealed by No. 8679 s. 3(1)(b).
S. 492 amended by No. 8338 s. 7(a), repealed by No. 8679

s. 3(1)(b).
[44] Ss
495–497:
S. 495 repealed by No. 9945 s. 3(3)(Sch. 2 item 13).
S. 496 repealed by No. 8679 s. 3(1)(b).

s. 3(1)(b).
[45] S. 498 (repealed):

See note 28.
[46] Ss
499–502:
S. 499 substituted by No. 6884 s. 3, amended by Nos 9498

s. 3, 16/1986 s. 30, repealed by No. 117/1986 s. 6(Sch. 1
item 2(4)).
S. 500 amended by Nos 8493 s. 33(c), 9549 s. 2(1)(Sch. item 51),

S. 501 repealed by No. 10260 s. 114(Sch. 4 item 4).
S. 502 amended by Nos 7876 s. 2(3), 8493 s. 33(d), 8731

s. 173, 10087 s. 3(1)(Sch. 1 item 29), repealed by No. 10260
s. 114(Sch. 4 item 4).
[47] Ss 508,
509:
S. 508 amended by Nos 7263 s. 2(c)(i)–(iv), 7705 s. 10,

7876 s. 2(3), 9059 s. 2(1)(Sch. item 11), 9966
s. 21(3)(a)–(f), 10087 s. 3(Sch. 1 item 30), 10152
s. 9(c), repealed by No. 10260 s. 114(Sch. 4 item 5).
S. 509 amended by No. 10152 s. 9(d), repealed by No. 10260

s. 114(Sch. 4 item 5).
[48] Ss
510–515A:
S. 510 amended by Nos 7577 s. 6, 7705 s. 10, 7876 s. 2(3),


s. 114(Sch. 4 item 5).
S. 512 amended by Nos 7263 s. 2(d), 7876 s. 2(3), repealed by

No. 10260 s. 114(Sch. 4 item 5).
S. 513 amended by Nos 7263 s. 2(e), 9966 s. 21(4)(5), 10152

s. 9(e), repealed by No. 10260 s. 114(Sch. 4 item 5).
S. 514 repealed by No. 10260 s. 114(Sch. 4 item 5).

s. 114(Sch. 4 item 5).
S. 515A inserted by No. 10152 s. 9(f), repealed by No. 10260

s. 114(Sch. 4 item 5).
[49] Ss
516–519A:

9554 s. 2(2)(Sch. 2 item 62), 9848 s. 18(1), repealed by
No. 10260 s. 114(Sch. 4 item 5).

8181 s. 2(1)(Sch. item 35), 9848 s. 18(1), repealed by No. 10260
s. 114(Sch. 4 item 5).

s. 114(Sch. 4 item 5).
S. 519 amended by Nos 8731 s. 173, 9019 s. 2(1)(Sch. item 46),

9059 s. 2(1)(Sch. item 12), 10087 s. 3(1)(Sch. 1 item 30), repealed by
No. 10260 s. 114(Sch. 4 item 5).
S. 519A inserted by No. 7184 s. 9, repealed by No. 10260

s. 114(Sch. 4 item 5).
[50] Ss
543–544:
S. 543 amended by Nos 9576 s. 11(1), 9902 s. 2(1)(Sch. item 56),

S. 543A inserted by No. 9407 s. 2(h), amended by No. 9576

s. 11(1), repealed by No. 10260 s. 114(Sch. 4 item 4).
S. 544 amended by No. 8679 s. 3(1)(d), substituted by

No. 9576 s. 11(1), repealed by No. 10260 s. 114(Sch. 4 item
4).
[51] S. 547: As to trust

property vested in any person who becomes a "convict", see section 72 of the
Trustee Act 1958, No. 6401/1958.
[52] Pt 6 (Headings and ss

566–584) amended by Nos 7184 s. 12, 7546 s. 12, 7705 s. 10,
7919 s. 2(1), 8063 s. 2, 8280 ss 19, 20, 8338 s. 7(a)(p),
8425 s. 2(1)(n), 8679 s. 3(1)(g), 8870 s. 8, 9019
s. 2(1)(Sch. item 47), 9242 s. 4, 9576 s. 11(1), 9848
s. 18(1), 10026 s. 8, 10084 ss 11–14, 10260
s. 114(Sch. 4 item 5), 110/1986 s. 140(2), 16/1987 s. 4(3)(Sch. 1
item 8(d)), 19/1989 s. 16(Sch. item 16.13), 25/1989 ss 17(1)(4),
20(o), 57/1989 s. 3(Sch. items 42.70–42.74), 49/1991
s. 119(7)(Sch. 4 item 4.3), 109/1994 ss 26–28, 35/1996
s. 453(Sch. 1 items 16.18, 16.19), 48/1997 s. 59, 65/1997
s. 82(3)(4)(a)–(d), 69/1997 s. 24, 10/1999 s. 18(4),
56/2004 s. 79, 65/2004 s. 4(1), 93/2005 s. 9, 48/2006
s. 42(Sch. item 9.7), 50/2006 s. 10, 78/2008 s. 25(4),
repealed by No. 7/2009 s. 422(4) (as amended by No. 68/2009
s. 54(h)).
[53] Sch. 6 amended by S.R. No.

144/1965 Order 7 (as amended by S.R. No. 75/1987 cl. 5), Nos 7705
s. 10, 8181 s. 2(1)(Sch. item 32), S.R. No. 372/1973
reg. 2, 8425 s. 2(1)(o), 9019 s. 2(1)(Sch. item 48), 9228
s. 2(1)(k), 9427 s. 6(1)(Sch. 5 item 42), 9576 s. 11(1), 9848
s. 18(1), 9921 s. 255, 10233 s. 9(e)–(g), 25/1989
ss 18(2), 20(p), 44/1989 s. 41(Sch. 2 item 7), 57/1989
s. 3(Sch. item 42.77), 8/1991 s. 6(e), 48/1995 s. 11(3)(b),
35/1996 s. 453(Sch. 1 item 16.20), 104/1997 s. 42, repealed by No. 7/2009
s. 422(7) (as amended by No. 68/2009 s. 54(h)).
[54] Schs
8A–11:
Sch. 8A inserted by No. 7184 s. 13, amended by No. 8338

s. 7(a)(d), repealed by No. 10152 s. 9(g).
Sch. 9 amended by No. 8338 s. 7(a), repealed by No. 9059

s. 2(1)(Sch. item 13).
Sch. 10 amended by No. 8338 s. 7(o), repealed by No. 9059

s. 2(1)(Sch. item 13).
Sch. 11 amended by No. 7705 s. 10, repealed by No. 8493

s. 33(f).

Victoria Crimes Act 1958

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Victoria Crimes Act 1958

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CRIMES ACT 1958

1. Short title and commencement

Division 1--Offences against the person

3. Punishment for murder

70A. Piracy with violence

Division 2--Theft and similar or associated offences

Division 2AA--Identity crime

Division 2A--Money laundering etc.

Division 2B--Cheating at gambling

Division 2C--Offences against public order

Division 3--Criminal damage to property

Division 4--Contamination of goods

250. Threatening to contaminate goods with intent to cause, or being reckless as to

251. Making false statements concerning contamination of goods with intent to

252. Territorial nexus for offences

Division 5--Destruction of evidence

Division 5A--Intimidation and reprisals relating to witnesses, etc.

Division 7--Unlawful oaths

316. Unlawful oaths to commit treason, murder etc.

Division 8--Offences connected with explosive substances[19]

317. Offences connected with explosive substances

Division 8A--Driving offences connected with emergency workers, custodial officers,

Division 9--Driving offences connected with motor vehicles

Division 9A--Penalties for certaincommon law offences

320. Maximum term of imprisonment for certain common law offences

321. Conspiracy to commit an offence

Division 11A--Recruiting a child to engage in criminal activity

PART IA--ABOLITION OF OBSOLETE OFFENCES

PART IB--ABOLITION OF HISTORICAL CLASSIFICATIONS

PART IC--SELF-DEFENCE, DURESS, SUDDEN OREXTRAORDINARY EMERGENCY AND INTOXICATION

322G. Application of Part

Division 4--Sudden or extraordinary emergency

322R. Sudden or extraordinary emergency

Division 1--Abettors, accessories andconcealers of offences

Division 3--Criminal liability of married persons

336. Marital coercion

PART IIA--EXTRA-TERRITORIAL OFFENCES

PART III--PROCEDURE AND PUNISHMENT

Division 1--Pleading procedure, proof &c.

404. Proof of marriage on trial for bigamy

476B. Young person sentenced to life imprisonment

PART IV--PROBATION AND PAROLE PROVISIONS

507. Probation officers

PART V--PROPERTY OF PERSONS CONVICTED OF TREASON OR AN INDICTABLE OFFENCE.ORDERS AS

CRIMES ACT 1958

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the

CRIMES ACT 1958

This Act may be cited as the Crimes Act

(1) The Acts mentioned in the First Schedule to

(2) Except as in this Act expressly or by necessary implication

(a) all persons things and circumstances appointed or created by or

(b) in particular and without affecting the generality of the

S. 2(3) repealed by No. 8493

CRIMES ACT 1958

(1) In this Act unless inconsistent with the

"aircraft" means every type of machine or structure used or

S. 2A(1) def. of baseline sentence

S. 2A(1) def. of brothel inserted by

S. 2A(1) def. of drug of addiction

"drug of addiction" means a drug of dependence within the

S. 2A(1) def. of incite

"incite" includes command, request, propose, advise, encourage

S. 2A(1) def. of Juries Commis-sioner

(2) The standard sentence for murder is—

(3) In this section—