Authorised Version No.

268
Crimes Act 1958
No. 6231 of 1958
Authorised Version incorporating amendments as at
1 February 2017

TABLE OF PROVISIONS
Section Page
1 Short title and commencement 1
2 Repeals and savings 2
2A Definitions 3
2B Offences under this Act deemed to be indictable
offences 6
Part I—Offences 7
Division 1—Offences against the person 7
(1) Homicide 7
3 Punishment for murder 7
3A Unintentional killing in the course or furtherance of
a crime of violence 8
3B Provocation no longer a partial defence to murder 8
4A Manslaughter—single punch or strike taken to be
dangerous act 9
5 Punishment of manslaughter 10
5A Child homicide 11
6 Infanticide 11
6A Suicide no longer a crime 12
6B Survivor of suicide pact who kills deceased party is
guilty of manslaughter 12
8 Petit treason 14
9 Provision for trial for murder or manslaughter in
Victoria where death or cause of death only happens
in Victoria 14
9AA Abolition of year-and-a-day rule 15
(1A) Treasonable offences 15
9A Treason 16
(4) Offences against the person 18
15 Definitions 19

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15A Causing serious injury intentionally in circumstances

of gross violence 23
15B Causing serious injury recklessly in circumstances
of gross violence 24
15C Other offenders need not be prosecuted 26
16 Causing serious injury intentionally 26
17 Causing serious injury recklessly 27
18 Causing injury intentionally or recklessly 27
19 Offence to administer certain substances 28
20 Threats to kill 29
21 Threats to inflict serious injury 29
21A Stalking 30
22 Conduct endangering life 34
23 Conduct endangering persons 34
24 Negligently causing serious injury 34
25 Setting traps etc. to kill 35
26 Setting traps etc. to cause serious injury 35
27 Extortion with threat to kill 35
28 Extortion with threat to destroy property etc. 36
29 Using firearm to resist arrest etc. 36
30 Threatening injury to prevent arrest 37
31 Assaults 37
31A Use of firearms in the commission of offences 39
31B Being armed with criminal intent 40
32 Offence to perform female genital mutilation 41
33 Offence to take a person from the State with the
intention of having prohibited female genital
mutilation performed 41
34 Consent not a defence to a charge under sections 32
or 33 42
34A Exceptions to offences under section 32 42
(5) Corpses 43
34B Offence to interfere with corpse of a human being 43
(8) Sexual offences (general provisions) 45
34C Consent 45
35 Definitions 46
37A Objectives of Subdivisions 8A to 8G 49
37B Guiding principles 49
(8A) Rape and sexual assault 50
37C Definitions 50
37D Sexual penetration 51
37E Touching 53
37F Taking part in a sexual act 54
37G Reasonable belief 54

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37H Effect of intoxication on reasonable belief 54

38 Rape 56
39 Rape by compelling sexual penetration 56
40 Sexual assault 57
41 Sexual assault by compelling sexual touching 58
42 Assault with intent to commit a sexual offence 59
43 Threat to commit a sexual offence 60
(8B) Incest 61
44 Incest 61
(8C) Sexual offences against children 64
45 Sexual penetration of child under the age of 16 64
47 Indecent act with child under the age of 16 67
47A Persistent sexual abuse of child under the age of 16 68
48 Sexual penetration of 16 or 17 year old child 70
49 Indecent act with 16 or 17 year old child 71
49A Facilitating sexual offences against children 72
49B Grooming for sexual conduct with child under the
age of 16 years 73
49C Failure by person in authority to protect child from
sexual offence 76
(8D) Sexual offences against persons with a cognitive impairment 79
50 Definitions 79
51 Sexual offences against persons with a cognitive
impairment by providers of medical or therapeutic
services 81
52 Sexual offences against persons with a cognitive
impairment by workers 83
(8E) Other sexual offences 84
53 Administration of drugs etc. 84
54 Occupier etc. permitting unlawful sexual penetration 85
55 Abduction or detention 86
56 Abduction of child under the age of 16 86
57 Procuring sexual penetration by threats or fraud 87
58 Procuring sexual penetration of a child 87
59 Bestiality 89
60A Sexual offence while armed with an offensive
weapon 90
(8EAA) Sexual servitude 91
60AB Sexual servitude 91
60AC Aggravated sexual servitude 93
60AD Deceptive recruiting for commercial sexual services 94

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60AE Aggravated deceptive recruiting for commercial

sexual services 94
(8EA) Loitering by sexual offender 95
60B Loitering near schools etc. 95
(8F) Jury warnings 98
(8G) Abrogation of obsolete rules of law 99
62 Abrogation of obsolete rules of law 99
(9) Child stealing 99
63 Child stealing 99
(9A) Kidnapping 100
63A Kidnapping 100
(10) Bigamy 101
64 Bigamy 101
(11) Attempts to procure abortion 101
65 Abortion performed by unqualified person 101
66 Abortion—Abolition of common law offences 103
(12) Concealing the birth of a child 103
67 Concealing birth of a child 103
(13) Child pornography 103
67A Definitions 104
68 Production of child pornography 106
69 Procurement etc. of minor for child pornography 109
70 Possession of child pornography 110
70AAA Exceptions to certain child pornography offences 113
70AAAB Administering a child pornography website 116
70AAAC Encouraging use of a website to deal with child
pornography 119
70AAAD Assisting a person to avoid apprehension 120
70AAAE Use of random sample evidence in child
pornography cases 122
70AA Forfeiture 123
(14) Sexual performances involving a minor 125
70AB Definitions 125
70AC Sexual performance involving a minor 126
Division 1A—Piracy 126
70A Piracy with violence 126

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70B Piratical acts 127

70C Trading etc. with pirates 129
70D Being found on board piratical vessel and unable to
prove non-complicity 129
Division 2—Theft and similar or associated offences 130
71 Definitions 130
72 Basic definition of theft 131
73 Further explanation of theft 131
Theft, robbery, burglary, &c. 135
74 Theft 135
74AA Theft of firearm 136
75 Robbery 136
75A Armed robbery 136
76 Burglary 137
77 Aggravated burglary 138
77A Home invasion 139
77B Aggravated home invasion 141
77C Alternative verdict for charge of aggravated home
invasion 142
78 Removal of articles from places open to the public 143
79 Carjacking 144
79A Aggravated carjacking 144
80 Unlawfully taking control of an aircraft 145
Fraud and blackmail 146
80A Extra-territorial offences 146
81 Obtaining property by deception 147
82 Obtaining financial advantage by deception 148
83 False accounting 148
83A Falsification of documents 149
83B Abolition of common law offences of forgery and
uttering 154
84 Liability of company officers for certain offences by
company 154
85 False statements by company directors etc. 155
86 Suppression etc. of documents 156
87 Blackmail 157
Offences relating to goods stolen, &c. 157
88 Handling stolen goods 157
88A Alternative charges of theft and handling stolen
goods 158
89 Advertising rewards for return of goods stolen or
lost 159
90 Scope of offences relating to stolen goods 159

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Possession of housebreaking implements, &c. 160

91 Going equipped for stealing etc. 160
92 Search for stolen goods 161
93 Procedure and evidence 163
General and consequential provisions 164
95 Husband and wife 164
Secret commissions prohibition 165
175 Definitions 165
176 Receipt or solicitation of secret commission by an
agent an indictable offence 168
177 Secret gifts to parent, wife, child, partner etc. of
agent deemed gifts to agent 169
178 Giving or receiving false or misleading receipt or
account an indictable offence 169
179 Gift or receipt of secret commission in return for
advice given 170
180 Secret commission to trustee in return for substituted
appointment 172
181 Aiding and abetting offences within or outside
Victoria 173
182 Liability of directors etc. acting without authority 173
184 Protection of witness giving answers criminating
himself 174
185 Stay of proceedings against such witness 175
186 Custom of itself no defence 175
Fraudulently inducing persons to invest 176
191 Fraudulently inducing persons to invest money 176
Division 2AA—Identity crime 179
192A Definitions 179
192B Making, using or supplying identification
information 180
192C Possession of identification information 181
192D Possession of equipment used to make etc.
identification documentation 182
192E Not an offence to attempt to commit an identity
crime offence 182
Division 2A—Money laundering etc. 183
193 Definitions 183
194 Dealing with proceeds of crime 184
195 Dealing with property suspected of being proceeds
of crime 185

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195A Dealing with property which subsequently becomes

an instrument of crime 185
Division 2B—Cheating at gambling 186
195B Interpretation 186
195C Engaging in conduct that corrupts or would corrupt a
betting outcome of event or event contingency 188
195D Facilitating conduct that corrupts or would corrupt a
betting outcome of event or event contingency 189
195E Concealing conduct, agreement or arrangement 190
195F Use of corrupt conduct information for betting
purposes 191
Division 3—Criminal damage to property 192
(1) General offences and procedural provisions 192
196 Definition 192
197 Destroying or damaging property 193
197A Arson causing death 195
198 Threats to destroy or damage property 195
199 Possessing anything with intent to destroy or
damage property 195
201 Lawful excuse 196
201A Intentionally or recklessly causing a bushfire 198
202 Jurisdiction of magistrates' courts 199
(2) Injuries to buildings &c. by rioters and forcible entries and
detainers 200
206 Rioters demolishing buildings 200
207 Forcible entry 201
(3) Interference with mines, sea banks &c., railways and
navigation aids 203
225 Conveying water into a mine 203
228 Removing etc. piles of sea banks 204
232 Placing things on railways to obstruct or overturn
engine etc. 204
233 Obstructing engine, carriage etc. on railway 205
244 Altering signals or exhibiting false ones 206
245 Removing buoy etc. 206
(4) Injuries to aircraft 207
246A Endangering safe operation of an aircraft 207
246B Setting fire etc. to aircraft 207
246C Endangering safety of aircraft 208
246D Dangerous goods on aircraft 208
246E Threats to safety of aircraft 209

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(5) False statements 210

247 False statements 210
(6) Computer offences 211
247A Interpretation 211
247B Unauthorised access, modification or impairment
with intent to commit serious offence 213
247C Unauthorised modification of data to cause
impairment 214
247D Unauthorised impairment of electronic
communication 215
247E Possession of data with intent to commit serious
computer offence 215
247F Producing, supplying or obtaining data with intent to
commit serious computer offence 216
247G Unauthorised access to or modification of restricted
data 217
247H Unauthorised impairment of data held in computer
disk, credit card or other device 217
247I Extra-territorial operation of offences 218
(7) Sabotage 218
247J Interpretation 218
247K Sabotage 220
247L Threats to sabotage 220
Division 4—Contamination of goods 222
248 Interpretation 222
249 Contaminating goods with intent to cause, or being
reckless as to whether it would cause, public alarm
or economic loss 223
250 Threatening to contaminate goods with intent to
cause, or being reckless as to whether it would
cause, public alarm or economic loss 224
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 225
252 Territorial nexus for offences 226
Division 5—Destruction of evidence 226
253 Definitions 226
254 Destruction of evidence 228
255 Corporate criminal responsibility for offence against
section 254 229

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Division 5A—Intimidation and reprisals relating to witnesses, etc. 231

256 Interpretation 231
257 Intimidation or reprisals relating to involvement
in criminal investigation or criminal proceeding 232
Division 6—Perjury 234
314 Perjury 234
315 All evidence material with respect to perjury 235
Division 7—Unlawful oaths 236
316 Unlawful oaths to commit treason, murder etc. 236
Division 8—Offences connected with explosive substances 238
317 Offences connected with explosive substances 238
317A Bomb hoaxes 242
Division 9—Driving offences connected with motor vehicles 243
317B Interpretation 243
318 Culpable driving causing death 244
319 Dangerous driving causing death or serious injury 247
319AA Dangerous or negligent driving while pursued by
police 247
Division 9AA—Offences connected with dangerous, menacing and
restricted breed dogs and related court powers 249
Subdivision 1—Offences 249
319A Definitions 249
319B Failure to control dangerous, menacing or restricted
breed dog that kills person 250
319C Recklessness as to whether controlling dangerous,
menacing or restricted breed dog may place another
person in danger of death 251
Subdivision 2—Disqualification of person from owning or being in
charge or control of a dog 252
319D Court may disqualify person from owning or being
in charge or control of a dog 252
319E Search warrant for failure to comply with court
order 253
319F Certain sections of the Domestic Animals Act 1994
apply to search warrant under this section 253
319G Order under section 319D may be suspended 254
319H Person subject to order under section 319D may
apply for variation, suspension or revocation of
order 254
319I Power of court to vary etc. order under section 319D 254

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319J Person may not make another application for

variation, suspension or revocation of order for
12 months 255
319K Orders under section 319D are to operate
consecutively 255
319L Person must comply with order under section 319D 255
Division 9A—Penalties for certain common law offences 256
320 Maximum term of imprisonment for certain
common law offences 256
Division 10—Conspiracy 257
321 Conspiracy to commit an offence 257
321A Agreements to commit offences outside Victoria 258
321B As to consequences of acquittal of co-conspirators 259
321C Penalties for conspiracy 259
321D Application of certain provisions 261
321E Limitations on prosecution 261
321F Abolition of certain offences of conspiracy at
common law 262
Division 11—Incitement 263
321G Incitement 263
321H Incitement to commit offences outside Victoria 264
321I Penalties for incitement 264
321J Application of certain provisions 266
321K Limitations on prosecution 266
321L Incitement at common law abolished 267
Division 12—Attempts 267
321M Attempt 267
321N Conduct constituting attempt 267
321O Attempts to commit offence outside Victoria 268
321P Penalties for attempt 268
321Q Limitations on prosecution 271
321R Application of Division 272
321S Abolition of attempt at common law 272
Part IA—Abolition of obsolete offences 273
322A Maintenance and certain other offences abolished 273
Part IB—Abolition of historical classifications 274
322B Abolition of distinctions between felony and
misdemeanour 274
322C Nomenclature 274
322D Transitional provisions 275
322E Treason and misprision of treason not affected 276

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322F Other enactments not affected 276

Part IC—Self-defence, duress, sudden or extraordinary emergency
and intoxication 277
Division 1—General 277
322G Application of Part 277
322H Definitions 277
322I Onus of proof 277
322J Evidence of family violence 278
Division 2—Self-defence 280
322K Self-defence 280
322L Self-defence does not apply to a response to lawful
conduct 281
322M Family violence and self-defence 281
322N Abolition of self-defence at common law 282
Division 3—Duress 282
322O Duress 282
322P Family violence and duress 283
322Q Abolition of duress at common law 283
Division 4—Sudden or extraordinary emergency 283
322R Sudden or extraordinary emergency 283
322S Abolition of necessity at common law 283
Division 5—Intoxication 284
322T Intoxication 284
Part II—Offenders 286
Division 1—Abettors, accessories and concealers of offences 286
(1) Complicity in commission of offences 286
323 Interpretation 286
324 Person involved in commission of offence taken to
have committed the offence 287
324A Other offenders need not be prosecuted or found
guilty 288
324B Offender's role need not be determined 288
324C Abolition of certain aspects of complicity at
common law 288
(3) Accessories 289
325 Accessories 289

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(4) Concealers of offences 291

326 Concealing offences for benefit 291
327 Failure to disclose sexual offence committed against
child under the age of 16 years 292
328 Protection of those who disclose under section 327 295
329 Evidence and legal proceedings 296
330 Confidentiality 297
Division 3—Criminal liability of married persons 298
336 Marital coercion 298
337 Misprision 299
338 Accessory after the fact 300
339 Conspiracy and incitement 300
Part IIA—Extra-territorial offences 301
340 Definitions 301
341 Issue of search warrant 303
342 Authority conferred by and other incidents of a
search warrant 304
343 Obstruction 305
344 Ministerial arrangements for transmission and return
of seized objects 305
345 Regulations 306
Part III—Procedure and punishment 307
Division 1—Pleading procedure, proof &c. 307
(14) Evidence. Depositions. Subpoenas and warrants against
witnesses 312
404 Proof of marriage on trial for bigamy 315
405 Meaning of term official record 316
(19) Verdicts. Attempts, &c. 320
420A Where person charged with unlawful publication of
defamatory matter 320
421 Alternative verdicts on charge of murder 320
422 Alternative verdict on charge of causing serious
injury in circumstances of gross violence 321
422A Alternative verdict for certain charges relating to
driving 322
425 Alternative verdicts for certain charges of sexual
offences 323
426 Alternative verdict for identity crime offences 325
427 Alternative verdict for destroying property charges 325
428 Alternative verdict for charges of unauthorised
modification of data to cause impairment 326

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429 Alternative verdict for charges of unauthorised

impairment of electronic communication 326
435 Alternative verdict for charges relating to riots 327
(29A) Giving name and address on demand 331
456AA Requirement to give name and address 331
(30) Apprehension of offenders 333
457 No person to be arrested without warrant except
under this Act etc. 333
458 Person found committing offences may be arrested
without warrant by any person 333
459 Powers of police officer or protective services
officer to apprehend offenders 335
459A Entry and search of premises 336
461 Arrest on reasonable grounds not to be taken to be
unlawful 337
462 Definition of finds committing 338
462A Use of force to prevent the commission of an
indictable offence 338
463A Arrest of offenders on board aircraft 338
463B Prevention of suicide 339
(30A) Custody and investigation 339
464 Definitions 339
464AA Digital recordings 355
464A Detention of person in custody 355
464B Questioning or investigation of person already held
for another matter 358
464C Right to communicate with friend, relative and legal
practitioner 369
464D Right to an interpreter 370
464E Persons under 18 years 371
464F Right of foreign national to communicate with
consular office 372
464G Recording of information required to be given to
person in custody 373
464H Recording of confessions and admissions 374
464I No power to detain person not under arrest 376
464J Right to remain silent etc. not affected 376
464JA Offences in relation to recordings 377
464JB Court may give directions in relation to a recording 383
464JC Retention of copy of recording 383
464JD Use of recordings for training, teaching or testing
purposes 385

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Fingerprinting 386
464K Fingerprinting of adults and children aged 15 or
above 386
464L Fingerprinting of children aged 14 or under 389
464M Children's Court may order fingerprinting 392
464N Taking of fingerprints 396
464NA Fingerscanning for identification purposes 396
464O Destruction of records 398
464P Records of juvenile 400
464Q Evidence of fingerprints 402
Forensic procedures 403
464R Forensic procedure on adult 403
464S Informed consent 404
464SA Senior police officer may authorise non-intimate
compulsory procedure for certain adults 406
464SB Making or refusing authorisation 408
464T Court may order compulsory procedure 410
464U Forensic procedure on child 415
464V Interim orders 421
464W Application by telephone for interim order 423
464X Warrants 426
464Y Caution before forensic procedure 427
464Z Procedure for taking samples etc. 428
464ZA Execution of authorisation or order 434
464ZB Analysis of samples 437
464ZC Analysis of material found at scene of offence etc. 438
464ZD Forensic reports to be made available 439
464ZE Evidence relating to forensic procedures 440
464ZF Forensic procedure following the commission of
forensic sample offence 443
464ZFAAA Forensic procedure following finding of not guilty
because of mental impairment 449
464ZFAA Notice to attend for forensic procedure 453
464ZFA Warrants issued for forensic procedures under
section 464ZF or 464ZFAAA 456
464ZFB Retention of information following finding of
guilt etc. 459
464ZFC Destruction of information following finding of
guilt etc. 464
464ZFD Victorian DNA database 465
464ZFE Report to Attorney-General 466
464ZG Destruction of identifying information 467
464ZGA Forensic information from juveniles 469
464ZGB Samples given voluntarily 471
464ZGC Withdrawal of consent prior to giving sample 473

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464ZGD Procedure to take sample 474

464ZGE Safeguards after giving sample 474
464ZGF Application to court where consent to retention of
sample withdrawn 478
464ZGFA Voluntary samples given by police or VIFM
personnel 480
464ZGFB Destruction of samples given by police and VIFM
personnel and storage of DNA information 482
DNA database systems 485
464ZGG Supply of forensic material for purposes of DNA
database 485
464ZGH Use of information on Victorian DNA database 486
464ZGI Permissible matching of DNA profiles 488
464ZGJ Recording, retention and removal of identifying
information on DNA database 490
464ZGK Disclosure of Victorian information 492
Inter-jurisdictional enforcement 495
464ZGL Registration of orders 495
464ZGM Carrying out of registered orders 495
464ZGN Arrangements for transmission of information on
DNA database 496
464ZGO Taking, retention and use of forensic material
authorised by laws of other jurisdictions 498
General 499
464ZH Immunity of medical practitioners, nurses,
midwives, dentists and other persons 499
464ZI Supreme Court—limitation of jurisdiction 500
464ZJ Regulations 500
464ZK Operation of other Acts 502
464ZL Validation of certain orders 502
(31) Search warrants for and seizure of things 504
465 Issue of search warrant by magistrate 504
465AAA Warrant may authorise the giving of a direction
requiring assistance from person with knowledge of
a computer or computer network 506
465AA Power to require assistance from person with
knowledge of a computer or computer network 509
465A Notice that seized thing is being held for purposes of
Confiscation Act 1997 512
465B Application for tainted property to be held or
retained—return of warrant to court 513
465C Court may make direction 513
465D Notice of direction under section 465C 514

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465E Effect of directions under sections 465(1B) and

465C 515
466 Justice may issue warrant to search for gunpowder 515
469AA Seizure and destruction of documents containing
libel 516
469A Power of persons to search aircraft 516
(32) Search warrants for women and girls 517
470 Power of search when female unlawfully detained
for immoral purposes 517
Division 2—Punishment 519
(1) Sentences for offences 519
476B Young person sentenced to life imprisonment 519
479A Rescuing of prisoner from lawful custody 520
479B Aiding a prisoner in escaping 520
479C Escape and related offences 521
(3) Execution of sentences 523
493 Sentences of imprisonment etc. to be carried out
according to law relating to prisons 523
Division 3—Regulations 525
505A Regulations 525
Part IV—Probation and parole provisions 526
506 Definitions 526
Division 1—Probation 528
(1) Probation officers 528
507 Probation officers 528
Division 3—Regulations 531
542 Regulations 531
Part V—Property of persons convicted of treason or an indictable
offence. Orders as to costs 532
545 Persons convicted of treason or indictable offence
may pay costs 532
547 Definition of forfeiture and convict 533
548 When convict shall cease to be subject to operation
of this Part 533
562 Execution of judgments against convict provided for 534
563 Proceedings to recover property of convict from
third person 534

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564 Third person etc. accountable to convict when

property reverts 535
565 Saving of general law as to indictable offence 535
Part 7—General 536
585 Supreme Court—limitation of jurisdiction 536
585AAA Regulations 536
585AA Transitional provisions—(Crimes (Theft) Act 1973) 537
585AB Transitional provisions—(Crimes (Criminal
Damage) Act 1978) 538
585AC Transitional provisions—(Crimes (Classification of
Offences) Act 1981) 539
585AD Transitional provisions—(Crimes (Conspiracy and
Incitement) Act 1984) 539
585AE Transitional provisions—(Crimes (Custody and
Investigation) Act 1988) 540
585AF Transitional provisions—(Crimes (Fingerprinting)
Act 1988) 541
585A Transitional provisions—(Crimes (Sexual Offences)
Act 1991) 541
585B Transitional provisions—(Crimes (Amendment)
Act 1993) 543
585C Transitional provisions—(Miscellaneous Acts
(Omnibus Amendments) Act 1996) 543
585D Transitional provisions—(Sentencing and Other
Acts (Amendment) Act 1997) 544
586 Transitional provisions (Sentencing (Amendment)
Act 1997) 545
587 Transitional provisions (Crimes (Amendment)
Act 1997—Part 2) 545
588 Transitional provisions (Crimes (Amendment)
Act 1997—Part 3) 546
589 Transitional provisions (Crimes (Amendment)
Act 1997—Part 4) 547
590 Transitional provision—Crimes, Confiscation and
Evidence Acts (Amendment) Act 1998 548
591 Transitional provision—Crimes (Amendment)
Act 1998 549
592 Transitional provisions—Magistrates' Court
(Amendment) Act 1999 549
593 Transitional provisions—Crimes (Amendment)
Act 2000 549
593A Transitional provision—Crimes (Questioning of
Suspects) Act 2000 551
594 Transitional provision—Magistrates' Court
(Committal Proceedings) Act 2000 551

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596 Transitional provisions—Crimes (DNA Database)

Act 2002 552
597 Transitional provision—Crimes (Property Damage
and Computer Offences) Act 2003 553
598 Transitional provision—Crimes (Stalking) Act 2003 553
599 Transitional provision—Crimes (Money
Laundering) Act 2003 554
600 Transitional provisions—Crimes (Dangerous
Driving) Act 2004 554
601 Transitional provision—Children and Young
Persons (Age Jurisdiction) Act 2004 555
602 Transitional provision—Crimes (Contamination of
Goods) Act 2005 556
603 Transitional provision—Crimes (Homicide)
Act 2005 556
604 Transitional provision—Justice Legislation
(Miscellaneous Amendments) Act 2006 556
605 Transitional provision—Justice Legislation (Further
Miscellaneous Amendments) Act 2006 557
606 Transitional provision—Courts Legislation
(Jurisdiction) Act 2006 557
606A Transitional provision—Crimes (Sexual Offences)
Act 2006 558
607 Transitional provision—Crimes (Sexual Offences)
(Further Amendment) Act 2006 559
608 Transitional provisions—Crimes Amendment
(DNA Database) Act 2007 559
609 Transitional provision—Crimes Amendment (Rape)
Act 2007 560
610 Transitional provision—Crimes Amendment
(Child Homicide) Act 2008 561
612 Transitional provision—Justice Legislation
Amendment (Sex Offences Procedure) Act 2008 561
613 Transitional provision—Statute Law Amendment
(Evidence Consequential Provisions) Act 2009 562
614 Transitional provision—Justice Legislation
Miscellaneous Amendments Act 2009 562
615 Transitional provision—Transport Legislation
Amendment (Hoon Boating and Other
Amendments) Act 2009 563
616 Transitional provision—Justice Legislation Further
Amendment Act 2010 563
617 Transitional provision—Crimes Amendment
(Bullying) Act 2011 563
618 Transitional provision—Crimes Amendment
(Gross Violence Offences) Act 2013 564

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619 Transitional provision—Crimes Amendment

(Integrity in Sports) Act 2013 564
620 Transitional provision—Crimes Amendment
(Investigation Powers) Act 2013 565
621 Transitional provision—Crimes Amendment
(Grooming) Act 2014 565
621A Transitional provision—Justice Legislation
Amendment (Confiscation and Other Matters)
Bill 2014 565
622 Transitional provision—Crimes Amendment
(Protection of Children) Act 2014 566
623 Transitional provision—Crimes Amendment
(Abolition of Defensive Homicide) Act 2014 566
624 Transitional provisions—Sentencing Amendment
(Coward's Punch Manslaughter and Other Matters)
Act 2014 567
625 Transitional provision—Sentencing Amendment
(Emergency Workers) Act 2014 567
626 Transitional provision—Crimes Amendment (Sexual
Offences and Other Matters) Act 2014 568
627 Transitional provision—Justice Legislation
Amendment Act 2015 569
628 Transitional provision—Crimes Amendment
(Child Pornography and Other Matters) Act 2015 569
630 Transitional provision—Police and Justice
Legislation Amendment (Miscellaneous) Act 2016 570
Schedules 572
First Schedule 572
Schedule 7––Summary offences for which a person may be
fingerprinted 574
Schedule 8––Forensic sample offences 575
═══════════════
Endnotes 583
1 General information 583
2 Table of Amendments 585
3 Amendments Not in Operation 617
4 Explanatory details 751

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 Authorised Version No. 268
Crimes Act 1958
No. 6231 of 1958
Authorised Version incorporating amendments as at
1 February 2017

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):

1 Short title and commencement S. 1

amended by
This Act may be cited as the Crimes Act 1958 Nos 6731
and shall come into operation on a day to be fixed s. 2(1), 6958
s. 8(4)(a), 7088
by proclamation of the Governor in Council s. 2(g), 7703
published in the Government Gazette. 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.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

2A Definitions S. 2A
inserted by
(1) In this Act unless inconsistent with the context or No. 7088
subject-matter— s. 2(a),
amended by
No. 9509
aircraft means every type of machine or structure s. 4(a).
used or intended to be used for navigation of
the air;
baseline sentence, in relation to an offence, has S. 2A(1) def. of
baseline
the same meaning as in the Sentencing sentence
Act 1991; inserted by
No. 52/2014
s. 11.

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

drug of addiction means a drug of dependence S. 2A(1) def. of

drug of
within the meaning of the Drugs, Poisons addiction
and Controlled Substances Act 1981; inserted by
No. 9509
s. 4(b),
substituted by
No. 9719
s. 135.

incite includes command, request, propose, S. 2A(1) def. of

incite
advise, encourage or authorize; inserted by
No. 10079
s. 8(a).

Juries Commissioner has the same meaning as in S. 2A(1) def. of

Juries
the Juries Act 2000; Commiss-
ioner
inserted by
No. 53/2000
s. 94(1).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 2A(1) def. of legal practitioner means an Australian lawyer;

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).

S. 2A(1) def. of medicinal cannabis product has the same

medicinal
cannabis meaning as in the Access to Medicinal
product Cannabis Act 2016;
inserted by
No. 20/2016
s. 143.

S. 2A(1) def. of member of Victoria Police personnel has the

member of
Victoria Police same meaning as in the Victoria Police
personnel Act 2013;
inserted by
No. 37/2014
s. 10(Sch.
item 36.1(a)).

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 has the same meaning as in the

motor vehicle
inserted by Road Safety Act 1986;
No. 127/1986
s. 102(Sch. 4
item 5.1).

S. 2A(1) def. of patient medicinal cannabis access authorisation

patient
medicinal has the same meaning as in the Access to
cannabis Medicinal Cannabis Act 2016;
access
authorisation
inserted by
No. 20/2016
s. 143.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

police officer has the same meaning as in the S. 2A(1) def. of

Victoria Police Act 2013; police officer
inserted by
No. 37/2014
s. 10(Sch.
item 36.1(a)).

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

protective services officer has the same meaning S. 3(1) def. of

protective
as in the Victoria Police Act 2013; services
officer
inserted by
No. 43/2011
s. 14,
substituted by
No. 37/2014
s. 10(Sch.
item 36.1(b)).

* * * * * 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
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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 2B 2B Offences under this Act deemed to be indictable

inserted by offences
No. 51/1989
s. 143(a). Offences under this Act are, unless the contrary
intention appears, deemed to be indictable
offences.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

Part I—Offences
Division 1—Offences against the person
(1) Homicide
3 Punishment for murder S. 3
substituted by
(1) Notwithstanding any rule of law to the contrary, a Nos 8679 s. 2,
person convicted of murder is liable to— 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)).

(a) level 1 imprisonment (life); or S. 3(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).

(b) imprisonment for such other term as is fixed S. 3(b)

amended by
by the court— No. 49/1991
s. 119(1)
(Sch. 2
item 1(c)).

as the court determines.

(2) The baseline sentence for murder is— S. 3(2)
inserted by
No. 52/2014
(a) 30 years if the court, in determining s. 12,
sentence, is satisfied that the prosecution has substituted by
No. 69/2014
proved beyond reasonable doubt that— s. 11.
(i) the person murdered was an emergency
worker on duty; and

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(ii) at the time of carrying out the conduct

the accused knew or was reckless as to
whether that person was an emergency
worker; and
(b) in any other case, 25 years.
S. 3(3) (3) In subsection (2)(a) emergency worker on duty
inserted by
No. 69/2014 and emergency worker have the same meanings
s. 11. as in section 10AA of the Sentencing Act 1991.
Note to s. 3 Note
inserted by
No. 69/2014 See section 5A of the Sentencing Act 1991 as to baseline
s. 11. sentences.
S. 3A 3A Unintentional killing in the course or furtherance of
inserted by
No. 9576 a crime of violence
s. 3(1).

S. 3A(1) (1) A person who unintentionally causes the death of

amended by
Nos 49/1991 another person by an act of violence done in the
s. 119(1) course or furtherance of a crime the necessary
(Sch. 2
item 2), elements of which include violence for which a
48/1997 person upon first conviction may, under or by
s. 60(1)(Sch. 1
item 2(a)(b)). 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 3B Provocation no longer a partial defence to murder
inserted by
No. 77/2005
s. 3.
The rule of law that provocation reduces the crime
of murder to manslaughter is abolished.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

* * * * * 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).

4A Manslaughter—single punch or strike taken to be S. 4A

inserted by
dangerous act No. 72/2014
s. 3.
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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 Notes
amended by
No. 14/2015 1 Under section 11 of the Jury Directions Act 2015, after the
s. 69(7)(8). 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—
• whether the punch or strike was a dangerous act; and
• 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—
• whether the punch or strike was a dangerous act; and
• whether the punch or strike caused the person's death.
No. 6103 s. 5. 5 Punishment of manslaughter
S. 5
amended by Whosoever is convicted of manslaughter shall be
Nos 49/1991
s. 119(1) liable to level 3 imprisonment (20 years
(Sch. 2 maximum) or to a fine in addition to or without
item 3),
48/1997 any such other punishment as aforesaid.
s. 60(1)(Sch. 1
item 3).

Notes to s. 5 Notes
inserted by
No. 72/2014 1 Sections 9B and 9C of the Sentencing Act 1991 require that,
s. 4. 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

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

finds under section 10A of that Act that a special reason

exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 9B or 9C of that Act do not apply and
the court has full sentencing discretion.
3 Sections 9B and 9C of the Sentencing Act 1991 do not apply
unless the DPP serves and files a notice under section 9A of
that Act.
5A Child homicide S. 5A
inserted by
No. 7/2008
A person who, by his or her conduct, kills a child s. 3.
who is under the age of 6 years in circumstances
that, but for this section, would constitute
manslaughter is guilty of child homicide, and not
of manslaughter, and liable to level 3
imprisonment (20 years maximum).
6 Infanticide No. 6103 s. 6.
S. 6
(1) If a woman carries out conduct that causes the amended by
Nos 9576
death of her child in circumstances that would s. 11(1),
constitute murder and, at the time of carrying out 49/1991
s. 119(1)
the conduct, the balance of her mind was (Sch. 2
disturbed because of— item 4),
48/1997
(a) her not having fully recovered from the s. 60(1)(Sch. 1
item 4),
effect of giving birth to that child within the substituted by
preceding 2 years; or No. 77/2005
s. 5.
(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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 6(2) (2) On an indictment for murder, a woman found not

amended by guilty of murder may be found guilty of
No. 68/2009
s. 97(Sch. infanticide.
item 40.1).
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 6A Suicide no longer a crime
inserted by
No. 7546 s. 2.
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 6B Survivor of suicide pact who kills deceased party is
inserted by
No. 7546 s. 2. 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) (1A) Despite section 5, a person convicted of
inserted by
No. 49/1991 manslaughter under subsection (1) is only liable to
s. 119(1) level 5 imprisonment (10 years maximum).
(Sch. 2
item 5(a)),
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 5).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(2) Any person who— 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)).

(a) incites any other person to commit suicide S. 6B(2)(a)

amended by
and that other person commits or attempts to No. 10079
commit suicide in consequence thereof; or s. 8(c).

(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

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

of the pact unless it is done while he has the

settled intention of dying in pursuance of the pact.
S. 7 * * * * *
repealed by
No. 9576
s. 11(1).

No. 6103 s. 8. 8 Petit treason

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. 9 Provision for trial for murder or manslaughter in
S. 9
amended by Victoria where death or cause of death only happens
Nos 9576 in Victoria
s. 11(1),
77/2005 Where any person being criminally stricken
s. 8(3)(a)(i)(ii),
7/2008 poisoned or otherwise hurt upon the sea or at
s. 7(3)(a), any place out of Victoria dies of such stroke
63/2014
s. 3(2). poisoning or hurt in Victoria, or being criminally
stricken poisoned or otherwise hurt at any place
in Victoria dies of such stroke poisoning or hurt
upon the sea or at any place out of Victoria, every
offence committed in respect of any such case,
whether the same amounts to the offence of
murder or of manslaughter or of child homicide
or of being accessory to murder or manslaughter
or child homicide, may be dealt with inquired of
tried determined and punished in Victoria in the
same manner in all respects as if such offence had
been wholly committed in Victoria.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

9AA Abolition of year-and-a-day rule S. 9AA

inserted by
(1) The rule of law known as the year-and-a-day rule No. 65/1991
(under which an act or omission that in fact causes s. 3.

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).

(1A) Treasonable offences 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 III
c. 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.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 9A 9A Treason
inserted by
No. 9407
s. 2(a).

S. 9A(1) (1) A person who—

amended by
Nos 37/1986
s. 9, 49/1991
(a) kills the Sovereign, does the Sovereign any
s. 119(1) bodily harm tending to the death or
(Sch. 2
item 6(a)(i)).
destruction of the Sovereign or maims,
wounds, imprisons or restrains the
Sovereign;
S. 9A(1)(b) (b) kills the eldest child and heir apparent, or the
amended by
No. 60/2013 Consort, of the Sovereign;
s. 6(Sch. 2
item 1).

(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—

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No. 6231 of 1958
Part I—Offences

(g) level 1 imprisonment (life); or 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
s. 60(1)(Sch. 1
item 7).

(h) imprisonment for such other term as is fixed S. 9A(1)(b)

inserted by
by the court— No. 37/1986
s. 9,
amended by
No. 49/1991
s. 119(1)
(Sch. 2
item 6(a)(iii)),
re-numbered
as s. 9A(1)(h)
by No.
48/1997
s. 62(1).

as the court determines.

(2) A person who— S. 9A(2)
amended by
Nos 49/1991
(a) receives or assists another person who is to s. 119(1)
his knowledge guilty of treason in order to (Sch. 2
item 6(b)),
enable him to escape punishment; or 48/1997
s. 60(1)(Sch. 1
(b) knowing that a person intends to commit item 8).
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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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),
repealed by
No. 58/2008
s. 9.

Pt 1 Div. 1 * * * * *
Subdiv. (3)
1
repealed.

No. 6103 s. 15. (4) Offences against the person

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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

15 Definitions S. 15
substituted by
In this subdivision— No. 10233
s. 8(2).

abortion has the meaning given in the Abortion S. 15 def. of

abortion
Law Reform Act 2008; inserted by
No. 58/2008
s. 10(1).

child means any person under the age of 18 years; S. 15 def. of

child
inserted by
No. 46/1996
s. 3.

female genital mutilation means all or any of the S. 15 def. of

female genital
following— mutilation
inserted by
(a) infibulation; No. 46/1996
s. 3.
(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;
firearm has the same meaning as in the Firearms S. 15 def. of
firearm
Act 1996; inserted by
No. 6/2013
s. 3(c).

harm to mental health includes psychological S. 15 def. of

harm to
harm but does not include an emotional mental health
reaction such as distress, grief, fear or anger inserted by
No. 6/2013
unless it results in psychological harm; s. 3(c).

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No. 6231 of 1958
Part I—Offences

S. 15 def. of imitation firearm has the same meaning as in

imitation section 77(1A);
firearm
inserted by
No. 6/2013
s. 3(c).
S. 15 def. of injury means—
injury
substituted by
No. 6/2013
(a) physical injury; or
s. 3(a).
(b) harm to mental health—
whether temporary or permanent;
S. 15 def. of medical practitioner means—
medical
practitioner
inserted by
(a) a registered medical practitioner; or
No. 46/1996
s. 3. (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, in relation to paragraph (b) of
medical
procedure the definition of serious injury, means—
inserted by
No. 58/2008 (a) an abortion performed by a registered
s. 10(1).
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;

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

midwife means— S. 15 def. of

midwife
(a) a registered midwife; or inserted by
No. 46/1996
(b) in relation to the performance of female s. 3.
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;
offensive weapon has the same meaning as in S. 15 def. of
offensive
section 77(1A); weapon
inserted by
No. 6/2013
s. 3(c).

physical injury includes unconsciousness, S. 15 def. of

physical
disfigurement, substantial pain, infection injury
with a disease and an impairment of bodily inserted by
No. 6/2013
function; s. 3(c).

prohibited female genital mutilation means S. 15 def. of

prohibited
female genital mutilation the performance of female genital
which would be an offence under this Act if mutilation
inserted by
carried out in the State; No. 46/1996
s. 3.

registered medical practitioner means a person S. 15 def. of

registered
registered under the Health Practitioner medical
Regulation National Law to practise in the practitioner
inserted by
medical profession (other than as a student); 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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 15 def. of registered midwife means a person registered

registered under the Health Practitioner Regulation
midwife
inserted by National Law—
No. 46/1996
s. 3, (a) to practise in the nursing and midwifery
amended by profession as a midwife (other than as a
No. 97/2005
s. 182(Sch. 4 student); and
item 14.1(b)),
substituted by (b) in the register of midwives kept for that
No. 13/2010
s. 51(Sch.
profession;
item 17.1).

S. 15 def. of registered nurse means a person registered under

registered
nurse the Health Practitioner Regulation National
inserted by Law to practise in the nursing and midwifery
No. 58/2008
s. 10(1), profession as a nurse (other than as a
substituted by student);
No. 13/2010
s. 51(Sch.
item 17.1).

S. 15 def. of registered pharmacist means a person registered

registered
pharmacist under the Health Practitioner Regulation
inserted by National Law to practise in the pharmacy
No. 58/2008
s. 10(1), profession (other than as a student);
substituted by
No. 13/2010
s. 51(Sch.
item 17.1).

S. 15 def. of serious injury means—

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

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

woman means a female person of any age. S. 15 def. of

woman
inserted by
No. 58/2008
s. 10(1).

15A Causing serious injury intentionally in S. 15A

inserted by
circumstances of gross violence No. 6/2013
s. 4.
(1) A person must not, without lawful excuse,
intentionally cause serious injury to another
person in circumstances of gross violence.
Penalty: Level 3 imprisonment (20 years
maximum).
(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;
(c) the offender entered into an agreement, S. 15A(2)(c)
substituted by
arrangement or understanding with 2 or more No. 63/2014
other persons to cause a serious injury; s. 7(3).

Note
See Subdivision (1) (Complicity in commission of
offences) of Division 1 of Part II.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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 Notes
s. 15A
amended by 1 See section 422(1) for an alternative verdict.
Nos 69/2014
s. 8(1)(2), 2 Section 10 of the Sentencing Act 1991 requires that a term of
28/2016 imprisonment be imposed for an offence against section 15A
s. 6(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.
If, however, a victim is an emergency worker on duty or a
custodial officer on duty, section 10AA(1) of the Sentencing
Act 1991 requires 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.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10 or 10AA(1) of that Act do not
apply and the court has full sentencing discretion.
S. 15B 15B Causing serious injury recklessly in circumstances
inserted by
No. 6/2013 of gross violence
s. 4.
(1) A person must not, without lawful excuse,
recklessly cause serious injury to another person
in circumstances of gross violence.
Penalty: Level 4 imprisonment (15 years
maximum).
(2) For the purposes of subsection (1), any one of the
following constitutes circumstances of gross
violence—

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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;
(c) the offender entered into an agreement, S. 15B(2)(c)
substituted by
arrangement or understanding with 2 or more No. 63/2014
other persons to cause a serious injury; s. 7(4).

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 Notes to
s. 15B
1 See section 422(2) for an alternative verdict. amended by
Nos 69/2014
2 Section 10 of the Sentencing Act 1991 requires that a term of s. 8(1)(2),
imprisonment be imposed for an offence against section 15A 28/2016
s. 6(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

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

section 10A of that Act that a special reason exists.

If, however, a victim is an emergency worker on duty or a
custodial officer on duty, section 10AA(1) of the Sentencing
Act 1991 requires 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.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10 or 10AA(1) of that Act do not
apply and the court has full sentencing discretion.
S. 15C 15C Other offenders need not be prosecuted
inserted by
No. 6/2013
s. 4.
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 16 Causing serious injury intentionally
substituted by
No. 10233
s. 8(2),
A person who, without lawful excuse,
amended by intentionally causes serious injury to another
Nos 49/1991
s. 119(1)
person is guilty of an indictable offence.
(Sch. 2
item 8), Penalty: Level 3 imprisonment (20 years
48/1997 maximum).
s. 60(1)(Sch. 1
item 10).

Notes to s. 16 Notes
inserted by
No. 69/2014 1 Section 10AA(1) of the Sentencing Act 1991 requires that
s. 8(3), a term of imprisonment be imposed for an offence against
amended by
No. 28/2016 section 16 and that a non-parole period of not less than
s. 6(2). 3 years be fixed under section 11 of that Act if a victim is
an emergency worker on duty or a custodial officer on duty
unless the court finds under section 10A of that Act that a
special reason exists.
2 However, section 10AA(2) of the Sentencing Act 1991
allows a youth justice centre order for a term of 3 years to
be made in certain circumstances in respect of a young
offender for an offence against section 16 if the victim is
an emergency worker on duty or a custodial officer on duty.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(1) or (2) of that Act do
not apply and the court has full sentencing discretion.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

17 Causing serious injury recklessly S. 17

substituted by
A person who, without lawful excuse, recklessly No. 10233
causes serious injury to another person is guilty of s. 8(2),
amended by
an indictable offence. Nos 49/1991
s. 119(1)
Penalty: Level 4 imprisonment (15 years (Sch. 2
item 9),
maximum). 48/1997
s. 60(1)(Sch. 1
item 11).

Notes Notes to s. 17
inserted by
1 Section 10AA(1) of the Sentencing Act 1991 requires that No. 69/2014
a term of imprisonment be imposed for an offence against s. 8(4),
amended by
section 17 and that a non-parole period of not less than No. 28/2016
2 years be fixed under section 11 of that Act if a victim is s. 6(3).
an emergency worker on duty or a custodial officer on duty
unless the court finds under section 10A of that Act that a
special reason exists.
2 However, section 10AA(2) of the Sentencing Act 1991
allows a youth justice centre order for a term of not less
than 2 years to be made in certain circumstances in respect
of a young offender for an offence against section 17 if the
victim is an emergency worker on duty or a custodial officer
on duty.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(1) or (2) of that Act do
not apply and the court has full sentencing discretion.
18 Causing injury intentionally or recklessly S. 18
substituted by
No. 10233
A person who, without lawful excuse, s. 8(2),
intentionally or recklessly causes injury to another amended by
Nos 49/1991
person is guilty of an indictable offence. s. 119(1)
(Sch. 2
Penalty: If the injury was caused intentionally— item 11),
level 5 imprisonment (10 years 48/1997
s. 60(1)(Sch. 1
maximum); item 12).

If the injury was caused recklessly—

level 6 imprisonment (5 years
maximum).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

Notes to s. 18
Notes
inserted by
1 Section 10AA(4) of the Sentencing Act 1991 requires that a
No. 69/2014
s. 8(5), term of imprisonment of not less than 6 months be imposed
amended by for an offence against section 18 if a victim is an emergency
No. 28/2016 worker on duty or a custodial officer on duty unless the court
s. 6(4).
finds under section 10A of that Act that a special reason
exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AA(4) of that Act do not apply
and the court has full sentencing discretion.
S. 19 19 Offence to administer certain substances
substituted by
No. 10233
s. 8(2).

S. 19(1) (1) A person who—

amended by
Nos 49/1991
s. 119(1)
(a) without lawful excuse, administers to or
(Sch. 2 causes to be taken by another person any
item 12),
48/1997
substance which is capable, and which the
s. 60(1)(Sch. 1 first-mentioned person knows is capable, in
item 16).
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.
Penalty: Level 6 imprisonment (5 years
maximum).
(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

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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.

20 Threats to kill S. 20
substituted by
No. 10233
A person who, without lawful excuse, makes to s. 8(2),
another person a threat to kill that other person or amended by
Nos 49/1991
any other person— s. 119(1)
(Sch. 2
(a) intending that that other person would fear item 12),
the threat would be carried out; or 48/1997
s. 60(1)(Sch. 1
(b) being reckless as to whether or not that other item 14).

person would fear the threat would be carried

out—
is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years
maximum).
21 Threats to inflict serious injury S. 21
substituted by
No. 10233
A person who, without lawful excuse, makes to s. 8(2),
another person a threat to inflict serious injury on amended by
Nos 49/1991
that other person or any other person— s. 119(1)
(Sch. 2
(a) intending that that other person would fear item 13),
the threat would be carried out; or 48/1997
s. 60(1)(Sch. 1
item 16).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(b) being reckless as to whether or not that other

person would fear the threat would be carried
out—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum).
S. 21A 21A Stalking
inserted by
No. 95/1994
s. 3.

S. 21A(1) (1) A person must not stalk another person.

amended by
No. 48/1997
s. 60(1)(Sch. 1
Penalty: Level 5 imprisonment (10 years
item 14). maximum).
S. 21A(2) (2) A person (the offender) stalks another person
amended by
Nos 105/2003 (the victim) if the offender engages in a course of
s. 4(1), conduct which includes any of the following—
20/2011
s. 3(3).
(a) following the victim or any other person;
S. 21A(2)(b) (b) contacting the victim or any other person by
substituted by post, telephone, fax, text message, e-mail or
No. 105/2003
s. 3(1). other electronic communication or by any
other means whatsoever;
S. 21A(2)(ba) (ba) publishing on the Internet or by an e-mail or
inserted by
No. 105/2003 other electronic communication to any
s. 3(1). 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) (bb) causing an unauthorised computer function
inserted by
No. 105/2003 (within the meaning of Subdivision (6) of
s. 3(1). Division 3) in a computer owned or used by
the victim or any other person;

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(bc) tracing the victim's or any other person's use S. 21A(2)(bc)

of the Internet or of e-mail or other inserted by
No. 105/2003
electronic communications; s. 3(1).

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

(db) using abusive or offensive words to or in the S. 21A(2)(db)

inserted by
presence of the victim; No. 20/2011
s. 3(1).

(dc) performing abusive or offensive acts in the S. 21A(2)(dc)

inserted by
presence of the victim; No. 20/2011
s. 3(1).

(dd) directing abusive or offensive acts towards S. 21A(2)(dd)

inserted by
the victim; No. 20/2011
s. 3(1).

(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;
(g) acting in any other way that could reasonably S. 21A(2)(g)
substituted by
be expected— No. 20/2011
s. 3(2).
(i) to cause physical or mental harm to the
victim, including self-harm; or

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(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) (3) For the purposes of this section an offender also
substituted by
No. 105/2003 has the intention to cause physical or mental harm
s. 4(2), to the victim, including self-harm, or to arouse
amended by
No. 20/2011 apprehension or fear in the victim for his or her
s. 3(4). 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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

(4A) In a proceeding for an offence against S. 21A(4A)

subsection (1) it is a defence to the charge for the inserted by
No. 105/2003
accused to prove that the course of conduct was s. 3(2).
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. 21A(5A)
inserted by
No. 52/2008
s. 242,
repealed by
No. 68/2008
s. 69(1).

(6) It is immaterial that some or all of the course of S. 21A(6)

inserted by
conduct constituting an offence against No. 105/2003
subsection (1) occurred outside Victoria, so long s. 5.

as the victim was in Victoria at the time at which

that conduct occurred.
(7) It is immaterial that the victim was outside S. 21A(7)
inserted by
Victoria at the time at which some or all of the No. 105/2003
course of conduct constituting an offence against s. 5.

subsection (1) occurred, so long as that conduct

occurred in Victoria.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 21A(8) (8) In this section—

inserted by
No. 20/2011 mental harm includes—
s. 3(5).
(a) psychological harm; and
(b) suicidal thoughts.
Note to s. 21A Note
inserted by
No. 68/2008 The Personal Safety Intervention Orders Act 2010 provides that
s. 69(2), the Court within the meaning of that Act may make a personal
substituted by
No. 53/2010 safety intervention order in respect of stalking.
s. 221(Sch.
item 4).

S. 22 22 Conduct endangering life

substituted by
No. 10233
s. 8(2),
A person who, without lawful excuse, recklessly
amended by engages in conduct that places or may place
Nos 49/1991
s. 119(1)
another person in danger of death is guilty of an
(Sch. 2 indictable offence.
item 9),
48/1997 Penalty: Level 5 imprisonment (10 years
s. 60(1)(Sch. 1
item 14). maximum).

S. 23 23 Conduct endangering persons

substituted by
No. 10233
s. 8(2),
A person who, without lawful excuse, recklessly
amended by engages in conduct that places or may place
Nos 49/1991
s. 119(1)
another person in danger of serious injury is guilty
(Sch. 2 of an indictable offence.
item 14),
48/1997 Penalty: Level 6 imprisonment (5 years
s. 60(1)(Sch. 1
item 16). maximum).

S. 24 24 Negligently causing serious injury

substituted by
No. 10233
s. 8(2),
A person who by negligently doing or omitting to
amended by do an act causes serious injury to another person is
Nos 49/1991
s. 119(1)
guilty of an indictable offence.
(Sch. 2
item 12), Penalty: Level 5 imprisonment (10 years
48/1997 maximum).
s. 60(1)(Sch. 1
item 16),
7/2008 s. 4.

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

25 Setting traps etc. to kill S. 25

substituted by
A person who sets a trap or device with the No. 10233
intention of killing another person (whether a s. 8(2),
amended by
trespasser or not) or being reckless as to whether Nos 49/1991
or not another person (whether a trespasser or not) s. 119(1)
(Sch. 2
is killed is guilty of an indictable offence. item 8),
48/1997
Penalty: Level 4 imprisonment (15 years s. 60(1)(Sch. 1
item 11).
maximum).
26 Setting traps etc. to cause serious injury S. 26
substituted by
No. 10233
A person who sets a trap or device with the s. 8(2),
intention of causing, or being reckless as to amended by
Nos 49/1991
whether or not there is caused, serious injury to s. 119(1)
another person (whether a trespasser or not) is (Sch. 2
item 9),
guilty of an indictable offence. 48/1997
s. 60(1)(Sch. 1
Penalty: Level 5 imprisonment (10 years item 14).
maximum).
27 Extortion with threat to kill S. 27
substituted by
No. 10233
A person who makes a demand of another s. 8(2),
person— amended by
Nos 49/1991
(a) with a threat to kill or inflict injury on a s. 119(1)
(Sch. 2
person (other than the offender or an item 14),
accomplice of the offender); or 48/1997
s. 60(1)(Sch. 1
item 11).

(b) with a threat in circumstances where, if the

threat were carried out, the life of a person
(other than the offender or an accomplice of
the offender) would be endangered—
is guilty of an indictable offence.
Penalty: Level 4 imprisonment (15 years
maximum).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

S. 28 28 Extortion with threat to destroy property etc.

substituted by
No. 10233 A person who makes a demand of another person
s. 8(2), with a threat to destroy, or endanger the safety of,
amended by
Nos 49/1991 a building, structure in the nature of a building,
s. 119(1) bridge, mine, aircraft, vessel, motor vehicle,
(Sch. 2
item 12), railway engine or railway carriage is guilty of an
48/1997 indictable offence.
s. 60(1)(Sch. 1
item 14).
Penalty: Level 5 imprisonment (10 years
maximum).
S. 29 29 Using firearm to resist arrest etc.
substituted by
No. 10233
s. 8(2).

S. 29(1) (1) A person who makes or attempts to make any use

amended by
Nos 40/1988 of a firearm or imitation firearm with intent to
s. 22, 49/1991 resist or prevent the lawful apprehension or
s. 119(1)
(Sch. 2 detention of himself or herself or any other person
item 10), is guilty of an indictable offence.
48/1997
s. 60(1)(Sch. 1
item 15),
Penalty: Level 5 imprisonment (10 years
69/1997 maximum) or level 5 fine (1200 penalty
s. 22(1).
units maximum).
S. 29(2) (2) A person who commits an offence against
amended by
No. 25/1989 subsection (1) in respect of the lawful
s. 20(a). apprehension or detention of himself or herself for
any other offence committed by him or her is
liable to the penalty provided by that subsection in
addition to any penalty to which he or she may be
liable for that other offence.
(3) In this section—
S. 29(3)(a) (a) firearm has the same meaning as in the
amended by
No. 24/1990 Firearms Act 1996; and
s. 16,
substituted by
No. 66/1996
s. 201(1).

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(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.
30 Threatening injury to prevent arrest S. 30
substituted by
No. 10233
A person who threatens injury to any other person s. 8(2),
or to any property with intent— amended by
Nos 49/1991
(a) to prevent or hinder the lawful apprehension s. 119(1)
(Sch. 2
or detention of himself or herself or any item 12),
other person; or 48/1997
s. 60(1)(Sch. 1
item 16).

(b) to prevent or hinder a police officer or a S. 30(b)

amended by
protective services officer from investigating Nos 43/2011
in a lawful manner any act or circumstance s. 15, 37/2014
s. 10(Sch.
which reasonably calls for investigation by a item 36.2).
police officer or a protective services
officer—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum).
31 Assaults S. 31
substituted by
No. 10233
s. 8(2).

(1) A person who— S. 31(1)

amended by
(a) assaults or threatens to assault another Nos 49/1991
s. 119(1)
person with intent to commit an indictable (Sch. 2
offence; or item 13),
48/1997
s. 60(1)(Sch. 1
item 16).

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Part I—Offences

S. 31(1)(b) (b) assaults or threatens to assault, resists or

amended by intentionally obstructs an emergency worker
Nos 43/2011
s. 16, 37/2014 on duty or a custodial officer on duty,
s. 10(Sch. knowing or being reckless as to whether the
item 36.3),
substituted by person was an emergency worker or a
No. 69/2014 custodial officer; or
s. 13(1),
amended by
No. 28/2016
s. 7(1).

S. 31(1)(ba) (ba) assaults or threatens to assault, resists or

inserted by
No. 69/2014 intentionally obstructs a person lawfully
s. 13(1), assisting an emergency worker on duty or a
amended by
Nos 20/2015 custodial officer on duty, knowing or being
s. 21, 28/2016 reckless as to whether the person was
s. 7(2).
assisting an emergency 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—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum).
(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).

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Part I—Offences

(2A) In subsection (1)— S. 31(2A)

inserted by
No. 69/2014
s. 13(2).

custodial officer on duty and custodial officer S. 31(2A)

defs of
have the same meanings as in section 10AA custodial
of the Sentencing Act 1991. officer on duty
and custodial
officer
inserted by
No. 28/2016
s. 7(3).

emergency worker on duty and emergency

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.
31A Use of firearms in the commission of offences S. 31A
inserted by
No. 66/1996
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)).

(1) A person who is found guilty of an indictable S. 31A(1)

substituted by
offence and who carried— No. 50/2007
s. 57.
(a) a firearm (within the meaning of the
Firearms Act 1996); or

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Part I—Offences

(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 level 6 imprisonment
(5 years maximum).
(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. 31B 31B Being armed with criminal intent
inserted by
No. 56/2005
s. 6.
(1) In this section—
controlled weapon has the same meaning as in the
Control of Weapons Act 1990;
firearm has the same meaning as in the Firearms
Act 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.
Penalty: Level 6 imprisonment (5 years
maximum).

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Part I—Offences

32 Offence to perform female genital mutilation New s. 32

inserted by
No. 46/1996
s. 4.

(1) A person must not perform female genital S. 32(1)

amended by
mutilation on a child. No. 48/1997
s. 60(1)(Sch. 1
Penalty: Level 4 imprisonment (15 years item 18).
maximum).
(2) A person must not perform on a person other than S. 32(2)
amended by
a child any type of female genital mutilation No. 48/1997
referred to in paragraphs (a) to (e) of the definition s. 60(1)(Sch. 1
item 18).
of female genital mutilation.
Penalty: Level 4 imprisonment (15 years
maximum).
33 Offence to take a person from the State with the New s. 33
inserted by
intention of having prohibited female genital No. 46/1996
mutilation performed s. 4.

(1) A person must not take another person from the S. 33(1)
State, or arrange for another person to be taken amended by
No. 48/1997
from the State, with the intention of having s. 60(1)(Sch. 1
prohibited female genital mutilation performed on item 18).

the other person.

Penalty: Level 4 imprisonment (15 years
maximum).
(2) In proceedings for an offence under S. 33(2)
amended by
subsection (1), proof that— No. 68/2009
s. 97(Sch.
item 40.2).

(a) the accused took the person, or arranged for S. 33(2)(a)

amended by
the person to be taken from the State; and No. 68/2009
s. 97(Sch.
item 40.2).

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(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 34 Consent not a defence to a charge under sections 32
inserted by
No. 46/1996 or 33
s. 4.
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 34A Exceptions to offences under section 32
inserted by
No. 46/1996
s. 4.
(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

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Part I—Offences

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.

(5) Corpses 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.

34B Offence to interfere with corpse of a human being S. 34B

inserted by
No. 80/2003
(1) A person must not intentionally— s. 185.
(a) interfere sexually or commit an indecent act
with a corpse of a human being; or
(b) unlawfully remove body parts from a corpse
of a human being—
whether that corpse is in a public cemetery within
the meaning of the Cemeteries and Crematoria
Act 2003 or at any other place.
Penalty: Level 6 (5 years maximum).
(2) Subsection (1) does not apply to—
(a) any person who is engaged in the preparation
of a corpse of a human being for the
purposes of interment or cremation within

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Part I—Offences

the meaning of the Cemeteries and

Crematoria Act 2003; or
(b) any other lawful interference with a corpse
of a human being, including a lawful
interference for the purposes of a medical,
scientific or hygienic procedure.
Pt 1 Div. 1 * * * * *
Subdiv. (6)
(Heading and
s. 36)
amended by
Nos 9155 s. 3,
9576 s. 11(1),
repealed by
No. 10233
s. 8(2).

Pt 1 Div. 1 * * * * *
Subdiv. (7)
(Heading and
ss 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).

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Part I—Offences

(8) Sexual offences (general provisions) Pt 1 Div. 1

Subdiv. (8)
(Heading and
ss 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.

34C Consent S. 34C

inserted by
No. 74/2014
(1) For the purposes of Subdivisions (8A) to (8D), s. 3 (as
consent means free agreement. amended by
No. 14/2015
(2) Circumstances in which a person does not consent s. 69(2)).
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;

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(e) the person is so affected by alcohol or

another drug as to be incapable of consenting
to the act;
(f) the person is incapable of understanding the
sexual nature of the act;
(g) the person is mistaken about the sexual
nature of the act;
(h) the person is mistaken about the identity of
any other person involved in the act;
(i) the person mistakenly believes that the act is
for medical or hygienic purposes;
(j) if the act involves an animal, the person
mistakenly believes that the act is for
veterinary, agricultural or scientific research
purposes;
(k) the person does not say or do anything to
indicate consent to the act;
(l) having initially given consent to the act, the
person later withdraws consent to the act
taking place or continuing.
New s. 35 35 Definitions
inserted by
No. 81/1991
s. 3.

S. 35(1) (1) In Subdivisions (8B) to (8G)—

amended by
No. 74/2014
s. 7(1).
de facto spouse means a person who is living with
a person of the opposite sex as if they were
married although they are not;

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Part I—Offences

domestic partner of a person means— S. 35(1) def. of

domestic
(a) a person who is in a registered domestic partner
relationship with the person; or inserted by
No. 2/2006
s. 3(1),
(b) a person to whom the person is not substituted by
married but with whom the person is No. 12/2008
s. 73(1)(Sch. 1
living as a couple on a genuine item 16.1),
domestic basis (irrespective of gender); amended by
No. 4/2009
s. 37(Sch. 1
item 9.1).

sexual penetration means—

(a) the introduction (to any extent) by a
person of his penis into the vagina, anus
or mouth of another person, whether or
not there is emission of semen; or
(b) the introduction (to any extent) by a
person of an object or a part of his or
her body (other than the penis) into the
vagina or anus of another person, other
than in the course of a procedure
carried out in good faith for medical or
hygienic purposes;
vagina includes—
(a) the external genitalia; and
(b) a surgically constructed vagina.
(1A) For the purposes of the definition of domestic S. 35(1A)
inserted by
partner in subsection (1)— No. 2/2006
s. 3(2),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 16.2).

(a) registered domestic relationship has the S. 35(1A)(a)

amended by
same meaning as in the Relationships Act No. 4/2009
2008; and s. 37(Sch. 1
item 9.2(a)).

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S. 35(1A)(b) (b) in determining whether persons who are not

amended by in a registered domestic relationship are
No. 4/2009
s. 37(Sch. 1 domestic partners of each other, all the
item 9.2(b)). circumstances of their relationship are to be
taken into account, including any one or
more of the matters referred to in
section 35(2) of the Relationships Act 2008
as may be relevant in a particular case.
(2) For the purposes of Subdivisions (8B) to (8E)
both the person who sexually penetrates another
person and the other person are taking part in an
act of sexual penetration.
S. 36 * * * * *
substituted by
No. 81/1991
s. 3,
repealed by
No. 74/2014
s. 7(2).

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).

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,
repealed by
No. 74/2014
s. 7(3).

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Part I—Offences

37A Objectives of Subdivisions 8A to 8G S. 37A

inserted by
The objectives of Subdivisions (8A) to (8G) are— No. 2/2006
s. 5.
(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;
(b) to protect children and persons with a
cognitive impairment from sexual
exploitation.
37B Guiding principles S. 37B
inserted by
No. 2/2006
It is the intention of Parliament that in interpreting s. 5.
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
(c) a significant number of sexual offences are
committed against women, children and
other vulnerable persons including persons
with a cognitive impairment; 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.

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Part I—Offences

Pt 1 Div. 1 (8A) Rape and sexual assault

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,
57/2007
ss 5–7,
substituted as
Pt 1 Div. 1
Subdiv. (8A)
(Heading and
ss 37C–43) by
No. 74/2014
s. 4.

S. 37C 37C Definitions

inserted by
No. 74/2014
s. 4.
In this Subdivision—
animal means any animal (other than a human
being), whether vertebrate or not;
consent—see section 34C;
sexual, in relation to touching—see section 37E;

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sexual penetration—see section 37D;

take part in a sexual act—see section 37F;
touching—see section 37E;
vagina includes—
(a) the external genitalia; and
(b) a surgically constructed vagina.
37D Sexual penetration S. 37D
inserted by
No. 74/2014
(1) A person (A) sexually penetrates another s. 4.
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 (A) also sexually penetrates another
person (B) if—
(a) A causes another person to sexually
penetrate B; or
(b) A causes B to take part in an act of bestiality
within the meaning given by paragraph (b)
or (d) of section 59(2).

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(3) 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.
(4) A person sexually penetrates an animal if—
(a) the person introduces (to any extent) a part
of their body or an object into the animal's
vagina; or
(b) the person introduces (to any extent) a part
of their body or an object into the animal's
anus; or
(c) the person introduces (to any extent) their
penis into the animal's mouth; or
(d) having introduced a part of their body or an
object into the animal's vagina, the person
continues to keep it there; or
(e) having introduced a part of their body or an
object into the animal's anus, the person
continues to keep it there; or
(f) having introduced their penis into the
animal's mouth, the person continues to keep
it there.

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(5) For sexual penetration by the use of a penis, it

does not matter whether or not there is emission of
semen.
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. This does not
mean that A and B in this section are the same persons as A and B
in the offence provisions.
37E Touching S. 37E
inserted by
No. 74/2014
(1) Touching may be done— s. 4.
(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) For the purposes of this Subdivision, if a person
(A) causes another person (B) to be touched by a
third person or an animal, A is the person doing
the touching of B.
(3) 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, the breasts; or
(b) the fact that the person doing the touching
seeks or gets sexual gratification from the
touching; or
(c) any other aspect of the touching, including
the circumstances in which it is done.

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Part I—Offences

S. 37F 37F Taking part in a sexual act

inserted by
No. 74/2014 For the purposes of section 42 a person takes part
s. 4. 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. 37G 37G Reasonable belief
inserted by
No. 74/2014
s. 4.
(1) For the purposes of this Subdivision, 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. 37H 37H Effect of intoxication on reasonable belief
inserted by
No. 74/2014
s. 4.
(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

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Part I—Offences

(b) if the intoxication is not self-induced, regard

must be had to the standard of a reasonable
person 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
(ca) from the use of a medicinal cannabis S. 37H(2)(ca)
inserted by
product in accordance with a patient No. 20/2016
medicinal cannabis access authorisation; or s. 144(1)(a).

(d) from the use of a drug for which a S. 37H(2)(d)

amended by
prescription is not required (other than a No. 20/2016
medicinal cannabis product) and that was s. 144(1)(b).

used for a purpose, and in accordance with

the dosage level, recommended by the
manufacturer.
(3) However, intoxication that comes about in the S. 37H(3)
amended by
circumstances referred to in subsection (2)(c), (ca) No. 20/2016
or (d) is self-induced if the person using the drug s. 144(2).

knew, or had reason to believe, when taking the

drug that it would significantly impair the person's
judgement or control.

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Part I—Offences

S. 38 38 Rape
substituted by
No. 74/2014 (1) A person (A) commits an offence if—
s. 4.
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 2 imprisonment
(25 years maximum).
(3) A person does not commit an offence against
subsection (1) if the sexual penetration is done in
the course of a procedure carried out in good faith
for medical or hygienic purposes.
S. 39 39 Rape by compelling sexual penetration
substituted by
No. 74/2014
s. 4.
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B) to
sexually penetrate—
(i) A; or
(ii) themselves; or
(iii) a third person; or
(iv) an animal; and
(b) B does not consent to doing the act of sexual
penetration; and
(c) A does not reasonably believe that
B consents to doing that act.
(2) A person who commits an offence against
subsection (1) is liable to level 2 imprisonment
(25 years maximum).

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(3) A does not commit an offence against subsection

(1) if—
(a) the sexual penetration is of a person and is
caused to be done by A in the course of a
procedure being carried out by A in good
faith for medical or hygienic purposes; or
(b) the sexual penetration is of an animal and is
caused to be done by A in the course of a
procedure being carried out by A in good
faith for veterinary, agricultural or scientific
research purposes.
40 Sexual assault S. 40
substituted by
No. 74/2014
(1) A person (A) commits an offence if— s. 4.
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
(3) It is not a defence to a charge for an offence
against subsection (1) that, at the time of the
conduct constituting the offence, A was under a
mistaken but honest and reasonable belief that the
touching was not sexual.

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Part I—Offences

(4) A person does not commit an offence against

subsection (1) if the touching is done in the course
of a procedure carried out in good faith for
medical or hygienic purposes.
Note
An offence against subsection (1) may be heard and determined
summarily by the Magistrates' Court if section 29 of the Criminal
Procedure Act 2009 is satisfied. See section 28 of the Criminal
Procedure Act 2009.
S. 41 41 Sexual assault by compelling sexual touching
inserted by
No. 74/2014
s. 4.
(1) A person (A) commits an offence if—
(a) A intentionally causes another person (B) to
touch—
(i) A; or
(ii) themselves; or
(iii) a third person; or
(iv) 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
(3) It is not a defence to a charge for an offence
against subsection (1) that, at the time of the
conduct constituting the offence, A was under a
mistaken but honest and reasonable belief that the
touching was not sexual.

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Part I—Offences

(4) A person does not commit an offence against

subsection (1) if—
(a) the touching is of a person and is caused to
be done by A in the course of a procedure
being carried out by A in good faith for
medical or hygienic purposes; or
(b) the touching is of an animal and is caused to
be done by A in the course of a procedure
being carried out by A in good faith for
veterinary, agricultural or scientific research
purposes.
Note
An offence against subsection (1) may be heard and determined
summarily by the Magistrates' Court if section 29 of the Criminal
Procedure Act 2009 is satisfied. See section 28 of the Criminal
Procedure Act 2009.
42 Assault with intent to commit a sexual offence S. 42
inserted by
No. 74/2014
(1) A person (A) commits an offence if— s. 4.
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 4 imprisonment
(15 years maximum).
(3) A may commit an offence against subsection (1)
even if B is not aware of the application of force
by A.

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(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. 43 43 Threat to commit a sexual offence
inserted by
No. 74/2014
s. 4.
(1) A person (A) commits an 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

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Part I—Offences

(iv) another person; or

(v) an animal.
(3) A person who commits an offence against
subsection (1) is liable to level 6 imprisonment (5
years maximum).
(4) For the purposes of this section, a threat may be
made by any conduct and may be explicit or
implicit.
Note
An offence against subsection (1) may be heard and determined
summarily by the Magistrates' Court if section 29 of the Criminal
Procedure Act 2009 is satisfied. See section 28 of the Criminal
Procedure Act 2009.

(8B) Incest 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.

44 Incest S. 44
substituted by
No. 8/1991
s. 3.

(1) A person must not take part in an act of sexual S. 44(1)

amended by
penetration with a person whom he or she knows Nos 49/1991
to be his or her child or other lineal descendant or s. 119(3)
(Sch. 3
his or her step-child. item 3A),
48/1997
Penalty: Level 2 imprisonment (25 years s. 60(1)(Sch. 1
item 21(a)).
maximum).

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S. 44(1A) (1A) The baseline sentence for an offence under

inserted by subsection (1) is 10 years if the court is satisfied
No. 52/2014
s. 13(1). beyond reasonable doubt that the victim was, at
the time of the offence, under the age of 18.
Note
See section 5A of the Sentencing Act 1991 as to baseline
sentences.
S. 44(1B) (1B) The circumstance described in subsection (1A)—
inserted by
No. 52/2014
s. 13(1).
(a) is to be determined by the jury if the accused
pleads not guilty to the offence; and
(b) is to be determined by the trial judge if the
accused pleads guilty to the offence.
S. 44(2) (2) A person must not take part in an act of sexual
amended by
Nos 49/1991 penetration with a person under the age of 18
s. 119(3) whom he or she knows to be the child or other
(Sch. 3
item 3A), lineal descendant or the step-child of his or her
48/1997 de facto spouse.
s. 60(1)(Sch. 1
item 21(a)).
Penalty: Level 2 imprisonment (25 years
maximum).
S. 44(2A) (2A) The baseline sentence for an offence under
inserted by
No. 52/2014 subsection (2) is 10 years.
s. 13(2).
Note
See section 5A of the Sentencing Act 1991 as to baseline
sentences.
S. 44(3) (3) A person who is aged 18 or older must not take
amended by
Nos 49/1991 part in an act of sexual penetration with a person
s. 119(3) whom he or she knows to be his or her father or
(Sch. 3
item 4), mother or other lineal ancestor or his or her
48/1997 step-father or step-mother.
s. 60(1)(Sch. 1
item 21(b)).
Penalty: Level 6 imprisonment (5 years
maximum).

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(4) A person must not take part in an act of sexual S. 44(4)

penetration with a person whom he or she amended by
Nos 49/1991
knows to be his or her sister, half-sister, brother s. 119(3)
or half-brother. (Sch. 3
item 4),
Penalty: Level 6 imprisonment (5 years 48/1997
s. 60(1)(Sch. 1
maximum). item 21(b)).

(5) Consent is not a defence to a charge under this

section.
(6) A person who is compelled by another person to S. 44(6)
substituted by
take part in an act of sexual penetration in any of No. 2/2006
the circumstances referred to in subsection (1), s. 8.

(2), (3) or (4) is not guilty of an offence against

this section.
(6A) For the purposes of this section, a person compels S. 44(6A)
inserted by
another person (the victim) to take part in an act No. 2/2006
of sexual penetration if the person compels the s. 8,
amended by
victim (by force or otherwise) to engage in that act No. 57/2007
without the victim's consent. s. 8.

(7) In all proceedings for offences under this section

(except under subsection (2)) it shall be presumed
in the absence of evidence to the contrary—
(a) that the accused knew that he or she was
related to the other person in the way
alleged; and
(b) that people who are reputed to be related to
each other in a particular way are in fact
related in that way.

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Part I—Offences

Pt 1 Div. 1 (8C) Sexual offences against children

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.

S. 45 45 Sexual penetration of child under the age of 16

substituted by
No. 8/1991
s. 3,
(1) A person who takes part in an act of sexual
amended by penetration with a child under the age of 16 is
Nos 49/1991
s. 119(3)
guilty of an indictable offence.
(Sch. 3
item 4A), (2) A person who is guilty of an offence against
48/1997 subsection (1) is liable—
s. 60(1)(Sch. 1
item 22),
substituted by
No. 67/2000
s. 5.

S. 45(2)(a) (a) if the court is satisfied beyond reasonable

amended by
No. 7/2010 doubt that the child was, at the time of the
s. 3(1). offence, under the age of 12, to level 2
imprisonment (25 years maximum); or
S. 45(2)(b) (b) if the court is satisfied beyond reasonable
amended by
No. 7/2010 doubt that the child was, at the time of the
s. 3(2). offence, aged between 12 and 16 and under
the care, supervision or authority of the
accused, to level 4 imprisonment (15 years
maximum); or
S. 45(2)(c) (c) in any other case of sexual penetration of a
substituted by
No. 7/2010 child between the ages of 12 and 16, to
s. 3(3). level 5 imprisonment (10 years maximum).

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(2A) The baseline sentence for an offence against S. 45(2A)

subsection (1) committed in the circumstance of inserted by
No. 52/2014
aggravation described in subsection (2)(a) is s. 14.
10 years.
Note
See section 5A of the Sentencing Act 1991 as to baseline
sentences.
* * * * * S. 45(3)
amended by
No. 7/2010
s. 3(4),
repealed by
No. 74/2014
s. 5(1).

(4) Consent is not a defence to a charge under S. 45(4)

amended by
subsection (1) unless at the time of the alleged No. 7/2010
offence the child was aged 12 or older and— s. 3(5).

(a) the accused satisfies the court on the balance S. 45(4)(a)

amended by
of probabilities that he or she believed on No. 2/2006
reasonable grounds that the child was s. 9(1).

aged 16 or older; or
(b) the accused was not more than 2 years older
than the child; or
(c) the accused satisfies the court on the balance S. 45(4)(c)
amended by
of probabilities that he or she believed on No. 2/2006
reasonable grounds that he or she was s. 9(1).

married to the child.

(4A) If consent is relevant to a charge under S. 45(4A)
inserted by
subsection (1), the prosecution bears the burden of No. 2/2006
proving lack of consent. s. 9(2).

(5) A circumstance of aggravation described in S. 45(5)

amended by
subsection (2) is not an element of an offence No. 68/2009
against subsection (1) but must be stated in the s. 97(Sch.
item 40.3).
indictment.
(6) An accused who takes issue with a circumstance
of aggravation described in subsection (2) and
who wishes to have the matter determined on the

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Part I—Offences

trial may do so by pleading not guilty to the

offence with which he or she is charged even if he
or she does not take issue with any acts, facts,
matters or circumstances relied upon by the
prosecution to support a finding of guilt.
(7) A circumstance of aggravation described in
subsection (2)—
(a) is to be determined by the jury if the accused
pleads not guilty to the offence; and
(b) is to be determined by the trial judge if the
accused pleads guilty to the offence.
(8) An offender who pleads not guilty to an offence
against subsection (1) is to be taken to have
pleaded guilty to the offence for the purposes of
section 5(2)(e) of the Sentencing Act 1991 if—
(a) he or she—
(i) took issue with a circumstance of
aggravation described in subsection (2);
and
(ii) did not take issue with any acts, facts,
matters or circumstances relied upon by
the prosecution to support a finding of
guilt; and
(b) the circumstance of aggravation is not
proved.
S. 45(9) (9) For the avoidance of doubt it is declared that it is
amended by
No. 68/2009 the intention of the Parliament that an offence
s. 97(Sch. against subsection (1) is not an offence to which
item 40.4).
section 28 of the Criminal Procedure Act 2009
applies even though the offence is punishable by
level 5 imprisonment where a circumstance of
aggravation described in subsection (2) is not
present.

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* * * * * S. 46
substituted by
No. 8/1991
s. 3,
amended by
Nos 49/1991
s. 119(3)
(Sch. 3
item 5),
48/1997
s. 60(1)(Sch. 1
item 23),
repealed by
No. 67/2000
s. 5.

47 Indecent act with child under the age of 16 S. 47

substituted by
No. 8/1991
s. 3.

(1) A person must not wilfully commit, or wilfully be S. 47(1)

amended by
in any way a party to the commission of, an Nos 49/1991
indecent act with or in the presence of a child s. 119(3)
(Sch. 3
under the age of 16. item 6),
48/1997
Penalty: Level 5 imprisonment (10 years s. 60(1)(Sch. 1
item 24),
maximum). 74/2014
s. 5(2).

(2) Consent is not a defence to a charge under

subsection (1) unless at the time of the alleged
offence—
(a) the accused satisfies the court on the balance S. 47(2)(a)
amended by
of probabilities that he or she believed on No. 2/2006
reasonable grounds that the child was s. 10(1).

aged 16 or older; or
(b) the accused was not more than 2 years older
than the child; or

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Part I—Offences

S. 47(2)(c) (c) the accused satisfies the court on the balance

amended by of probabilities that he or she believed on
No. 2/2006
s. 10(1). reasonable grounds that he or she was
married to the child.
S. 47(3) (3) If consent is relevant to a charge under subsection
inserted by
No. 2/2006 (1), the prosecution bears the burden of proving
s. 10(2). lack of consent.
S. 47A 47A Persistent sexual abuse of child under the age of 16
(Heading)
inserted by
No. 2/2006
s. 11(1).
S. 47A
inserted by
No. 8/1991
s. 3.

S. 47A(1) (1) A person who persistently sexually abuses a child

amended by
Nos 81/1997 under the age of 16 is guilty of an indictable
s. 5(1)(a), offence.
2/2006
s. 11(2),
74/2014
s. 5(3).

(2) To prove an offence under subsection (1) it is

necessary to prove—
S. 47A(2)(a) (a) that the accused during a particular period
amended by
No. 81/1997 (while the child was under the age of 16) did
s. 5(1)(b)(2). an act in relation to the child which would
constitute an offence under a provision of
this Subdivision or Subdivision (8A) or (8B);
and
S. 47A(2)(b) (b) that an act which would constitute an offence
amended by
No. 81/1997 under a provision of this Subdivision or
s. 5(3). Subdivision (8A) or (8B) took place between
the accused and the child on at least two
other occasions during that period.
S. 47A(2A) (2A) It is not necessary that the alleged acts be of a
inserted by
No. 81/1997 similar nature or constitute an offence under the
s. 5(4). same provision.

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(3) It is not necessary to prove an act referred to in S. 47A(3)

subsection (2)(a) or (b) with the same degree of substituted by
No. 81/1997
specificity as to date, time, place, circumstances s. 5(5).
or occasion as would be required if the accused
were charged with an offence constituted by that
act instead of an offence against subsection (1).
(4) A person who is guilty of an offence under S. 47A(4)
substituted by
subsection (1) is liable to level 2 imprisonment No. 48/1997
(25 years maximum). s. 60(1)(Sch. 1
item 25).

(4A) The baseline sentence for an offence under S. 47A(4A)

inserted by
subsection (1) is 10 years. No. 52/2014
s. 15.
Note
See section 5A of the Sentencing Act 1991 as to baseline
sentences.
(5) If on the trial of a person charged with an offence
against subsection (1) the jury are not satisfied
that he or she is guilty of the offence charged but
are satisfied that the accused did an act during that
period which constitutes an offence against
Subdivision (8A), (8B), (8C), (8D) or (8E) of
Division 1 of Part I, the jury must acquit the
accused of the offence charged but may find him
or her guilty of that other offence and he or she is
liable to punishment accordingly.
(6) Subsection (5) does not restrict the operation of
section 421 or 422.
(7) A prosecution for an offence under subsection (1)
must not be commenced without the consent of
the Director of Public Prosecutions.

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S. 48 48 Sexual penetration of 16 or 17 year old child

(Heading)
inserted by
No. 2/2006
s. 12(1).
S. 48
substituted by
No. 8/1991
s. 3.

S. 48(1) (1) A person must not take part in an act of sexual

amended by
Nos 49/1991 penetration with a 16 or 17 year old child to
s. 119(3) whom he or she is not married and who is under
(Sch. 3
item 7), his or her care, supervision or authority.
48/1997
s. 60(1)(Sch. 1 Penalty: Level 5 imprisonment (10 years
item 24).
maximum).
S. 48(2) (2) Consent is not a defence to a charge under
amended by
No. 2/2006 subsection (1) unless the accused satisfies the
s. 12(2). court on the balance of probabilities that at the
time of the alleged offence the accused believed
on reasonable grounds—
(a) that the child was aged 18 or older; or
(b) that he or she was married to the child.
S. 48(3) (3) If consent is relevant to a charge under
inserted by
No. 2/2006 subsection (1), the prosecution bears the burden of
s. 12(3). proving lack of consent.
S. 48(4) (4) For the purposes of subsection (1), and without
inserted by
No. 2/2006 limiting that subsection, a child is under the care,
s. 12(3). supervision or authority of a person if the person
is—
(a) the child's teacher;
(b) the child's foster parent;
(c) the child's legal guardian;
(d) a minister of religion with pastoral
responsibility for the child;
(e) the child's employer;
(f) the child's youth worker;

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(g) the child's sports coach;

(h) the child's counsellor;
(i) the child's health professional;
(j) a police officer acting in the course of his or S. 48(4)(j)
amended by
her duty in respect of the child; No. 37/2014
s. 10(Sch.
item 36.4).

(k) employed in, or providing services in, a S. 48(4)(k)

amended by
remand centre, youth residential centre, No. 8/2008
youth justice centre or prison and is acting in s. 22(1).

the course of his or her duty in respect of the

child.
49 Indecent act with 16 or 17 year old child S. 49
substituted by
No. 8/1991
(1) A person must not wilfully commit, or wilfully be s. 3,
in any way a party to the commission of, an amended by
Nos 49/1991
indecent act with or in the presence of a 16 or s. 119(3)
17 year old child to whom he or she is not married (Sch. 3
item 8),
and who is under his or her care, supervision or 48/1997
authority. s. 60(1)(Sch. 1
item 26),
Penalty: Level 6 imprisonment (5 years substituted by
No. 2/2006
maximum). s. 13.

(2) Consent is not a defence to a charge under

subsection (1) unless the accused satisfies the
court on the balance of probabilities that at the
time of the alleged offence the accused believed
on reasonable grounds—
(a) that the child was aged 18 or older; or
(b) that he or she was married to the child.
(3) If consent is relevant to a charge under
subsection (1), the prosecution bears the burden of
proving lack of consent.

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Part I—Offences

(4) For the purposes of subsection (1), and without

limiting that subsection, a child is under the care,
supervision or authority of a person if the person
is—
(a) the child's teacher;
(b) the child's parent, adoptive parent, foster
parent or step parent;
(c) the child's legal guardian;
(d) a minister of religion with pastoral
responsibility for the child;
(e) the child's employer;
(f) the child's youth worker;
(g) the child's sports coach;
(h) the child's counsellor;
(i) the child's health professional;
S. 49(4)(j) (j) a police officer acting in the course of his or
amended by
No. 37/2014 her duty in respect of the child;
s. 10(Sch.
item 36.4).

S. 49(4)(k) (k) employed in, or providing services in, a

amended by
No. 8/2008 remand centre, youth residential centre,
s. 22(1). youth justice centre or prison and is acting in
the course of his or her duty in respect of the
child.
S. 49A 49A Facilitating sexual offences against children
inserted by
No. 102/1994
s. 93.

S. 49A(1) (1) Subject to this section, a person who in Victoria

amended by
No. 48/1997 makes travel arrangements for another person or
s. 60(1)(Sch. 1 does or omits to do any other act that aids,
item 27).
facilitates or contributes to in any way whatever
the commission by another person of an offence
against this Subdivision (other than this section)

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or against Division 2 of Part IIIA of the Crimes

Act 1914 of the Commonwealth or against a law
in force only in a place outside Victoria the
necessary elements of which consist of or include
elements which, if present or occurring in
Victoria, would constitute an offence against this
Subdivision (other than this section) is guilty of an
indictable offence and liable to level 3
imprisonment (20 years maximum).
(2) For a person to be guilty of an offence against
subsection (1) the person—
(a) must make the travel arrangements or do or
omit to do the other act with a view to
personal gain or gain for another person; and
(b) must—
(i) intend that the conduct would aid,
facilitate or contribute to the
commission of an offence of the type
committed by the other person; or
(ii) be reckless as to whether or not the
conduct would aid, facilitate or
contribute to the commission of an
offence of the type committed by the
other person.
49B Grooming for sexual conduct with child under the S. 49B
inserted by
age of 16 years No. 7/2014
s. 3.
(1) In this section—
communication includes an electronic
communication;
sexual offence means—
(a) an offence under Subdivision (8A),
(8B), (8C), (8D), (8E) or (8EAA) of
Division 1 of Part I or under any
corresponding previous enactment; or

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Part I—Offences

(b) an attempt to commit an offence

referred to in paragraph (a); or
(c) an assault with intent to commit an
offence referred to in paragraph (a).
(2) A person of or over the age of 18 years must not
communicate, by words or conduct, with a child
under the age of 16 years or a person under whose
care, supervision or authority the child is (whether
or not a response is made to the communication)
with the intention of facilitating the child's
engagement in or involvement in a sexual offence
with that person or another person who is of or
over the age of 18 years.
Penalty: Level 5 imprisonment (10 years
maximum).
(3) For the purposes of subsection (2) and without
limiting that subsection, a person who has a child
under his or her care, supervision or authority
includes—
(a) the child's parent or step-parent; and
(b) the child's teacher; and
(c) the child's legal guardian; and
(d) a religious official or spiritual leader
(however described and including a lay
member) who provides religious care or
religious instruction to the child; and
(e) the child's employer; and
(f) the child's youth worker; and
(g) the child's sports coach; and
(h) an out of home carer (within the meaning of
section 74 of the Children, Youth and
Families Act 2005) in relation to the child;
and

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(i) a person employed in, or providing services

in, a remand centre, youth residential centre,
youth justice centre or prison who is acting
in the course of his or her duty in respect of
the child.
(4) For the avoidance of doubt, a person does not
intend to facilitate a child's engagement in or
involvement in a sexual offence with that person
or another person where, if the child were to
engage in or be involved in the sexual activity
intended, that person or the other person would
not commit a sexual offence because he or she
would have a defence or satisfy an exception to
that sexual offence.
(5) It is immaterial that some or all of the S. 49B(5)
amended by
communication constituting an offence against No. 74/2014
subsection (2) occurred outside Victoria, so long s. 6(1).

as the child or the person under whose care,

supervision or authority the child was, or both
were, in Victoria at the time at which that
communication occurred.
(6) It is immaterial that the child or the person under S. 49B(6)
amended by
whose care, supervision or authority the child was, No. 74/2014
or both were, outside Victoria at the time at which s. 6(1).

some or all of the communication constituting an

offence against subsection (2) occurred, so long as
the accused was in Victoria at the time of sending
the communication or engaging in the conduct
that constitutes the communication.
(7) It is immaterial that the accused, the child and the S. 49B(7)
amended by
person under whose care, supervision or authority No. 74/2014
the child was, were all outside Victoria at the time s. 6(2).

at which some or all of the communication

constituting an offence against subsection (2)
occurred, so long as the intended sexual offence
would occur in Victoria.

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S. 49C 49C Failure by person in authority to protect child from

inserted by sexual offence
No. 36/2014
s. 3. (1) In this section—
person associated with an organisation includes
but is not limited to a person who is an
officer, office holder, employee, manager,
owner, volunteer, contractor or agent of the
organisation but does not include a person
solely 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 part of its primary functions
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

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(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);
sexual offence means—
(a) an offence under Subdivision (8A),
(8B), (8C), (8D), (8E) or (8EAA) of
Division 1 of Part I or under any
corresponding previous enactment; or
(b) an attempt to commit an offence
referred to in paragraph (a); or
(c) an assault with intent to commit an
offence referred to in paragraph (a).

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Part I—Offences

(2) A person who—

(a) by reason of the position he or she occupies
within a relevant organisation, has the power
or responsibility to reduce or remove a
substantial risk that a relevant child will
become the victim of a sexual offence
committed by a person of or over the age of
18 years who is associated with the relevant
organisation; and
(b) knows that there is a substantial risk that that
person will commit a sexual offence against
a relevant child—
must not negligently fail to reduce or remove that
risk.
Penalty: Level 6 imprisonment (5 years
maximum).
(3) For the purposes of subsection (2), 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 (2), 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 (2) occurred outside Victoria, so long
as the relevant child was in Victoria at the time at
which the substantial risk referred to in subsection
(2)(b) occurred.

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(6) It is immaterial that both the accused and the child

were outside Victoria at the time at which some or
all of the circumstances constituting an offence
against subsection (2) occurred, so long as the
sexual offence was at risk of occurring in Victoria.

(8D) Sexual offences against persons with a cognitive Pt 1 Div. 1

Subdiv. (8D)
impairment (Heading)
substituted by
No. 2/2006
s. 14.
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.

50 Definitions S. 50
substituted by
No. 8/1991
(1) In this Subdivision— s. 3.

cognitive impairment includes impairment S. 50(1) def. of

cognitive
because of mental illness, intellectual impairment
disability, dementia or brain injury; inserted by
No. 2/2006
s. 15(a).

facility means a service operated by any person or S. 50(1) def. of

facility
body (government or non-government) that inserted by
provides programs specially designed to No. 2/2006
s. 15(a).
meet the developmental or educational needs
of persons with a cognitive impairment and
includes a residential facility;
* * * * * S. 50(1) def. of
impaired
repealed by
No. 2/2006
s. 15(b).

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Part I—Offences

indecent act does not include an act done in the

course of an appropriate and generally
accepted medical, therapeutic or hygienic
procedure;
S. 50(1) def. of intellectual disability has the same meaning as in
intellectual
disability the Disability Act 2006;
amended by
No. 23/2006
s. 236(1).

S. 50(1) def. of * * * * *
resident
repealed by
No. 2/2006
s. 15(b).

S. 50(1) def. of residential facility means—

residential
facility
amended by
(a) a designated mental health service
Nos 98/1995 within the meaning of the Mental
s. 65(Sch. 1
item 3),
Health Act 2014; or
49/2010
s. 227(a), (b) premises operated by any person or
26/2014 body (government or non-government)
s. 455(Sch.
item 7.1). wholly or substantially for the purpose
of providing residential services to
intellectually disabled people;
(c) a supported residential service within
the meaning of the Supported
Residential Services (Private
Proprietors) Act 2010;
S. 50(1) def. of worker means a person who delivers, or assists in
worker
substituted by delivering, at a facility (whether as an
Nos 2/2006 employee or as a volunteer or in any other
s. 15(c),
49/2010 capacity)—
s. 227(b).
(a) a program specially designed to meet
the developmental or educational needs
of persons with a cognitive impairment
residing at the facility or attending the
facility to take part in the program; or

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Part I—Offences

(b) other services to residents at a

residential facility—
but does not include a person with a
cognitive impairment who also resides at the
facility or attends the facility to take part in
the program.
(2) For the purposes of this Subdivision a person in S. 50(2)
amended by
respect of whom a statement has been issued by No. 23/2006
the Secretary to the Department of Human s. 236(2).

Services that the person has an intellectual

disability within the meaning of the Disability
Act 2006 must be taken to be intellectually
disabled.
51 Sexual offences against persons with a cognitive S. 51
substituted by
impairment by providers of medical or therapeutic No. 8/1991
services s. 3,
amended by
Nos 49/1991
(1) A person who provides medical or therapeutic s. 119(3)
services to a person with a cognitive impairment (Sch. 3
items 8, 9),
who is not his or her spouse or domestic partner 48/1997
must not take part in an act of sexual penetration s. 60(1)(Sch. 1
items 28, 29),
with that person. substituted by
No. 2/2006
Penalty: Level 5 imprisonment (10 years s. 16.
maximum).
(2) A person who provides medical or therapeutic
services to a person with a cognitive impairment
who is not his or her spouse or domestic partner
must not commit, or be in any way a party to the
commission of, an indecent act with that person.
Penalty: Level 6 imprisonment (5 years
maximum).

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(3) In a proceeding for an offence against

subsection (1) or (2) in circumstances in which the
services provided by the accused were related to
the cognitive impairment of the other person, it is
a defence to the charge for the accused to prove
on the balance of probabilities that at the time at
which the offence is alleged to have been
committed, the accused believed on reasonable
grounds that the other person did not have a
cognitive impairment.
(4) In a proceeding for an offence against
subsection (1) or (2) in circumstances in which the
services provided by the accused were not related
to the cognitive impairment of the other person, it
is a defence to the charge for the accused to prove
on the balance of probabilities that at the time at
which the offence is alleged to have been
committed, the accused was not aware that the
other person had a cognitive impairment.
(5) Consent is not a defence to a charge against
subsection (1) or (2) unless the accused satisfies
the court on the balance of probabilities that at the
time at which the offence is alleged to have been
committed, the accused believed on reasonable
grounds that he or she was the spouse or domestic
partner of the other person.
(6) If consent is relevant to a charge against
subsection (1) or (2), the prosecution bears the
burden of proving lack of consent.

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Part I—Offences

52 Sexual offences against persons with a cognitive S. 52

impairment by workers (Heading)
inserted by
No. 2/2006
s. 17(1),
amended by
No. 49/2010
s. 228.
S. 52
substituted by
No. 8/1991
s. 3.

(1) A worker at a facility must not take part in an act S. 52(1)

amended by
of sexual penetration with a person with a Nos 49/1991
cognitive impairment who— s. 119(3)
(Sch. 3
item 9),
(a) is residing at the facility or attending the 48/1997
facility to take part in a program specially s. 60(1)(Sch. 1
item 28),
designed to meet the developmental or substituted by
educational needs of persons with a No. 2/2006
s. 17(2).
cognitive impairment; and
(b) is not his or her spouse or domestic partner.
Penalty: Level 5 imprisonment (10 years
maximum).
(2) A worker at a facility must not commit, or be in S. 52(2)
amended by
any way a party to the commission of, an indecent Nos 49/1991
act with a person with a cognitive impairment s. 119(3)
(Sch. 3
who— item 8),
48/1997
(a) is residing at the facility or attending the s. 60(1)(Sch. 1
item 29),
facility to take part in a program specially substituted by
designed to meet the developmental or No. 2/2006
s. 17(3).
educational needs of persons with a
cognitive impairment; and
(b) is not his or her spouse or domestic partner.
Penalty: Level 6 imprisonment (5 years
maximum).

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S. 52(3) (3) Consent is not a defence to a charge under this

amended by section unless the accused satisfies the court on
No. 2/2006
s. 17(4)(a)(b). the balance of probabilities that at the time of the
alleged offence the accused believed on
reasonable grounds that he or she was the spouse
or domestic partner of the person residing at or
attending the facility.
S. 52(4) (4) If consent is relevant to a charge under this
inserted by
No. 2/2006 section, the prosecution bears the burden of
s. 17(5). proving lack of consent.
Pt 1 Div. 1 (8E) Other sexual offences
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.

S. 53 53 Administration of drugs etc.

substituted by
No. 8/1991
s. 3,
(1) A person must not—
amended by
Nos 49/1991 (a) administer a drug, matter or thing to a
s. 119(3) person; or
(Sch. 3
item 10), (b) cause a drug, matter or thing to be taken by a
48/1997
s. 60(1)(Sch. 1 person—
item 30),
1/2009 s. 3 with the intention of rendering that person
(ILA s. 39B(1)).
incapable of resistance and thereby enabling
himself or herself or another person to take part in
an act of sexual penetration with that person.
Penalty: Level 5 imprisonment (10 years
maximum).
S. 53(2) (2) A person must not—
inserted by
No. 1/2009
s. 3.
(a) administer a drug, matter or thing to a
person; or

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Part I—Offences

(b) cause a drug, matter or thing to be taken by a

person—
with the intention of rendering that person
incapable of resistance and thereby enabling
himself or herself or another person to commit, or
in any way be a party to the commission of, an
indecent act with that person.
Penalty: Level 6 imprisonment (5 years
maximum).
(3) In subsection (2), indecent act means— S. 53(3)
inserted by
No. 1/2009
(a) a sexual assault in any of the circumstances s. 3,
referred to in section 40(1) or 41(1); or substituted by
No. 74/2014
(b) an indecent act in any of the circumstances s. 7(4).
referred to in section 47, 49, 51(2) or 52(2).
54 Occupier etc. permitting unlawful sexual S. 54
substituted by
penetration No. 8/1991
s. 3,
The owner or occupier of, or a person managing amended by
Nos 49/1991
or assisting in the management of, any premises s. 119(3)
must not induce or knowingly allow a child under (Sch. 3
item 13),
the age of 17 to enter or remain on the premises 48/1997
for the purpose of taking part in an unlawful act of s. 60(1)(Sch. 1
item 31).
sexual penetration.
Penalty: Level 4 imprisonment (15 years
maximum) if the child is under the age
of 13;
Level 5 imprisonment (10 years
maximum) if the child is aged
between 13 and 17.

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S. 55 55 Abduction or detention
substituted by
No. 8/1991 A person must not take away a person by force or
s. 3, detain a person against his or her will—
amended by
Nos 49/1991
s. 119(3)
(a) with the intention of getting married to, or
(Sch. 3 taking part in an act of sexual penetration
item 10),
48/1997
with, that person; or
s. 60(1)(Sch. 1
item 32).

(b) with the intention that that person should

marry, or take part in an act of sexual
penetration with, another person.
Penalty: Level 5 imprisonment (10 years
maximum).
S. 56 56 Abduction of child under the age of 16
substituted by
No. 8/1991
s. 3.

S. 56(1) (1) A person must not take away a child under the age
amended by
Nos 49/1991 of 16 against the will of a person who has lawful
s. 119(3) charge of the child with the intention that the child
(Sch. 3
item 11), should take part in an act of sexual penetration
48/1997 outside marriage with him or her or any other
s. 60(1)(Sch. 1
item 33). person.
Penalty: Level 6 imprisonment (5 years
maximum).
S. 56(2) (2) A person must not cause a child under the age
amended by
Nos 49/1991 of 16 to be taken away against the will of a person
s. 119(3) who has lawful charge of the child with the
(Sch. 3
item 11), intention that the child should take part in an act
69/1997 of sexual penetration outside marriage with him or
s. 22(2).
her or any other person.
Penalty: Level 6 imprisonment (5 years
maximum).

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57 Procuring sexual penetration by threats or fraud S. 57

substituted by
No. 8/1991
s. 3.

(1) A person must not by threats or intimidation S. 57(1)

amended by
procure a person to take part in an act of sexual Nos 49/1991
penetration. s. 119(3)
(Sch. 3
item 11),
Penalty: Level 5 imprisonment (10 years 48/1997
maximum). s. 60(1)(Sch. 1
item 34(a)).

(2) A person must not by any fraudulent means S. 57(2)

amended by
procure a person to take part in an act of sexual Nos 49/1991
penetration. s. 119(3)
(Sch. 3
item 9),
Penalty: Level 6 imprisonment (5 years 48/1997
maximum). s. 60(1)(Sch. 1
item 34(b)).

58 Procuring sexual penetration of a child S. 58

substituted by
No. 8/1991
(1) A person aged 18 years or more must not solicit or s. 3,
procure a child under the age of 16 years to take amended by
Nos 49/1991
part in an act of sexual penetration, or an indecent s. 119(3)
act (within the meaning of Subdivision (8D)), (Sch. 3
item 9),
outside marriage with him or her or another 48/1997
person. s. 60(1)(Sch. 1
item 35),
Penalty: Level 5 imprisonment (10 years substituted by
No. 2/2006
maximum). s. 18.

(2) A person aged 18 years or more must not solicit or

procure another person to take part in an act of
sexual penetration, or an indecent act (within the
meaning of Subdivision (8D)), outside marriage
with a child under the age of 16 years.
Penalty: Level 5 imprisonment (10 years
maximum).

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(3) A person aged 18 years or more must not solicit or

procure a 16 or 17 year old child to whom he or
she is not married and who is under his or her
care, supervision or authority to take part in an act
of sexual penetration, or an indecent act (within
the meaning of Subdivision (8D)), with him or her
or another person.
Penalty: Level 5 imprisonment (10 years
maximum).
(4) If—
(a) a person does an act or thing referred to in
subsection (1), (2) or (3) outside, or partly
outside, Victoria; and
(b) there is a real and substantial link within the
meaning of subsection (5) between the doing
of the act or thing and Victoria—
those subsections apply to the act or thing as if it
had been done wholly within Victoria.
(5) For the purposes of subsection (4), 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
occurred in Victoria; or
(b) where the act or thing was done wholly
outside Victoria, if the act or thing was done
with the intention that the act of sexual
penetration or the indecent act occur in
Victoria.
(6) For the purposes of subsection (3), and without
limiting that subsection, a child is under the care,
supervision or authority of a person if the person
is—
(a) the child's teacher;
(b) the child's foster parent;

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(c) the child's legal guardian;

(d) a minister of religion with pastoral
responsibility for the child;
(e) the child's employer;
(f) the child's youth worker;
(g) the child's sports coach;
(h) the child's counsellor;
(i) the child's health professional;
(j) a police officer acting in the course of his or S. 58(6)(j)
amended by
her duty in respect of the child; No. 37/2014
s. 10(Sch.
item 36.4).

(k) employed in, or providing services in, a S. 58(6)(k)

amended by
remand centre, youth residential centre, No. 8/2008
youth justice centre or prison and is acting in s. 22(1).

the course of his or her duty in respect of the

child.
59 Bestiality S. 59
substituted by
No. 8/1991
s. 3.

(1) A person must not commit an act of bestiality. S. 59(1)

amended by
Nos 49/1991
Penalty: Level 6 imprisonment (5 years s. 119(3)
maximum). (Sch. 3
item 12),
48/1997
s. 60(1)(Sch. 1
item 35).

(2) An act of bestiality is any of the following—

(a) buggery committed by a man on an animal
of either sex;
(b) buggery committed by an animal on a man
or woman;

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Part I—Offences

(c) penetration of the vagina of an animal by the

penis of a man;
(d) penetration of the vagina of a woman by the
penis of an animal.
(3) The law relating to buggery is as set out in this
Act and no prosecution shall be instituted for an
offence of buggery unless it is for an offence
under this section.
S. 60 * * * * *
substituted by
No. 8/1991
s. 3,
amended by
Nos 49/1991
s. 119(3)
(Sch. 3
item 14),
48/1997
s. 60(1)(Sch. 1
item 36),
69/1997
s. 22(3),
repealed by
No. 2/2006
s. 19.

S. 60A 60A Sexual offence while armed with an offensive

inserted by
No. 41/1993 weapon
s. 21.

S. 60A(1) (1) A person who is found guilty of an offence under

amended by
No. 48/1997 this Subdivision or under Subdivision (8A), (8B),
s. 60(1)(Sch. 1 (8C) or (8D) and who carried an offensive weapon
item 37).
when committing the offence is guilty of a
summary offence and liable to level 7
imprisonment (2 years maximum).
(2) Despite anything to the contrary in the Sentencing
Act 1991 or in any other law, a court imposing a
sentence under subsection (1)—
(a) must direct that the sentence be served
cumulatively on any other sentence; and

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Part I—Offences

(b) must not make an order suspending the

whole or any part of the sentence.
(3) Despite anything to the contrary in this or any
other Act or in any rule of law, the court by which
the person has been found guilty of an offence
under this Subdivision or under Subdivision (8A),
(8B), (8C) or (8D) may hear and determine the
summary offence under this section without a jury
and, subject to any rules of court, the practice and
procedure applicable in the Magistrates' Court to
the hearing and determination of summary
offences shall apply so far as is appropriate to the
hearing and determination of the offence under
this section.
(4) Subsection (3) is in addition to, and does not limit
the operation of, section 359AA.

(8EAA) Sexual servitude Pt 1 Div. 1

Subdiv.
(8EAA)
(Heading and
ss 60AB–
60AE)
inserted by
No. 20/2004
s. 3.

60AB Sexual servitude S. 60AB

inserted by
No. 20/2004
(1) In this section— s. 3.
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

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Part I—Offences

(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.
(2) A person who, by the use of—
(a) force; or
(b) a threat; or
(c) unlawful detention; or
(d) fraud or misrepresentation, including by
omission; or
(e) a manifestly excessive debt—
causes another person to provide, or to continue
providing, commercial sexual services is guilty of
an offence and liable to level 4 imprisonment
(15 years maximum).
(3) A person who—
(a) causes or induces another person to provide
commercial sexual services; and
(b) knows that, or is reckless as to whether, the
other person providing those services will
not be free to stop providing those services
because of the use of—
(i) force; or
(ii) a threat; or
(iii) unlawful detention; or
(iv) fraud or misrepresentation, including
by omission; or
(v) a manifestly excessive debt—
is guilty of an offence and liable to level 4
imprisonment (15 years maximum).

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Part I—Offences

(4) A person who—

(a) conducts a business that involves the
provision of commercial sexual services; and
(b) knows that, or is reckless as to whether, the
persons providing those services are not free
to stop providing those services because of
the use of—
(i) force; or
(ii) a threat; or
(iii) unlawful detention; or
(iv) fraud or misrepresentation, including
by omission; or
(v) a manifestly excessive debt—
is guilty of an offence and liable to level 4
imprisonment (15 years maximum).
(5) For the purposes of subsection (4), 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.
60AC Aggravated sexual servitude S. 60AC
inserted by
No. 20/2004
(1) A person is guilty of aggravated sexual servitude s. 3.
if—
(a) the person commits an offence against
section 60AB(2), (3) or (4); and
(b) the offence was committed against a person
under the age of 18 years; and

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Part I—Offences

(c) the accused intended to commit, or was

reckless as to committing, the offence
against a person under the age of 18 years.
(2) A person guilty of aggravated sexual servitude is
guilty of an offence and liable to level 3
imprisonment (20 years maximum).
S. 60AD 60AD Deceptive recruiting for commercial sexual services
inserted by
No. 20/2004
s. 3.
(1) A person who, intending to induce another person
to enter into an engagement to provide
commercial sexual services, deceives that other
person about the fact that the engagement will
involve the provision of commercial sexual
services is guilty of an offence and liable to
level 6 imprisonment (5 years maximum).
(2) In subsection (1), commercial sexual services has
the same meaning as in section 60AB.
S. 60AE 60AE Aggravated deceptive recruiting for commercial
inserted by
No. 20/2004 sexual services
s. 3.
(1) A person is guilty of aggravated deceptive
recruiting for commercial sexual services if—
(a) the person commits an offence against
section 60AD; and
(b) the offence was committed against a person
under the age of 18 years; and
(c) the accused intended to commit, or was
reckless as to committing, the offence
against a person under the age of 18 years.
(2) A person guilty of aggravated deceptive recruiting
for sexual services is guilty of an offence and
liable to level 5 imprisonment (10 years
maximum).

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Part I—Offences

(8EA) Loitering by sexual offender Pt 1 Div. 1

Subdiv. (8EA)
(Heading and
s. 60B)
inserted by
No. 129/1993
s. 10.

60B Loitering near schools etc. S. 60B

inserted by
No. 129/1993
s. 10.

(1) In this section, sexual offence means— S. 60B(1)

substituted by
No. 65/1998
s. 3(1).

(a) an offence against section 38, 39, 40, 44(1), S. 60B(1)(a)

amended by
44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; No. 67/2000
or s. 7(1).

(b) any offence specified in clause 7A, 7B, 8, 9, S. 60B(1)(b)

amended by
10 or 12 of Schedule 8; or No. 67/2000
s. 7(2).

(c) an offence of conspiracy to commit,

incitement to commit or attempting to
commit an offence referred to in
paragraph (a) or (b).
(2) A person who— S. 60B(2)
amended by
Nos 48/1997
(a) has been found guilty of— s. 60(1)(Sch. 1
item 38),
(i) a sexual offence; or 69/1997
s. 22(4),
65/1998
s. 3(2)(b).

(ia) an offence against— S. 60B(2)(a)(ia)

inserted by
No. 65/1998
s. 3(2)(a).

(A) section 5, 6, 7 or 11 of the Sex S. 60B(2)(a)

(ia)(A)
Work Act 1994; or amended by
No. 63/2010
s. 81(Sch.
item 4).

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Part I—Offences

(B) section 6, 7, 8 or 9 of the

Prostitution Regulation Act
1986; or
(C) 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
(ii) murder where there are reasonable
grounds to believe that a sexual offence
was also committed on the victim; or
S. 60B(2)(a)(iii) (iii) an offence against section 19 of the
substituted by
No. 56/2005 Summary Offences Act 1966; or
s. 7(a).

S. 60B(2)(a)(iv) (iv) an offence against section 68, 69 or 70

amended by
No. 90/1995 or an offence of attempting to commit
s. 86, an offence against section 69; or
substituted by
No. 22/1996
s. 7.

S. 60B(2)(a)(v) (v) an offence against—

inserted by
No. 22/1996
s. 7.
(A) section 60A of the Classification
of Films and Publications Act
1990; or
(B) section 168A, 168B or 168C of
the Police Offences Act 1958—
as in force at any time before its repeal;
and

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Part I—Offences

(b) is found loitering without reasonable excuse

in or near—
(i) a school, a children's services centre or S. 60(2)(b)(i)
substituted by
an education and care service premises; No. 80/2011
or s. 79(Sch.
item 3.1).

(ii) a public place within the meaning of S. 60B(2)(b)(ii)

amended by
the Summary Offences Act 1966 No. 56/2005
regularly frequented by children and in s. 7(b).

which children are present at the time

of the loitering—
is guilty of an offence.
(2A) An offence against subsection (2) is— S. 60B(2A)
inserted by
No. 65/1998
(a) an indictable offence for which the offender s. 3(3).
is liable to level 6 imprisonment (5 years
maximum) or a level 6 fine (600 penalty
units maximum) if at the time of the
commission of the offence the offender had
previously been sentenced as a serious
sexual offender (within the meaning of
Part 2A of the Sentencing Act 1991) for a
sexual offence (within the meaning of that
Part) or a violent offence (within the
meaning of that Part); or
(b) a summary offence for which the offender is
liable to level 7 imprisonment (2 years
maximum) or a level 7 fine (240 penalty
units maximum) in any other case.
(3) If a person has at any time been convicted of an
offence against a law of another State or a
Territory of the Commonwealth which creates an
offence substantially similar to a sexual offence
the conviction for the offence against that law
must be taken for the purposes of this section to
be a conviction of a sexual offence.

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Part I—Offences

S. 60B(4) (4) In this section—

inserted by
No. 80/2011 children's services centre means a place at which
s. 79(Sch. a children's service within the meaning of the
item 3.2).
Children's Services Act 1996 operates;
education and care service premises means a
place at which an education and care service
(other than a family day care service) within
the meaning of the Education and Care
Services National Law (Victoria) educates or
cares for children.
Pt 1 Div. 1 (8F) Jury warnings
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.

S. 61 * * * * *
substituted by
No. 8/1991
s. 3,
amended by
Nos 81/1997
s. 6, 76/2006
s. 3,
repealed by
No. 14/2015
2
s. 79 .

Note to Note
Subdiv. (8F)
inserted by Subdivision (8F) previously provided for jury directions
No. 14/2015 concerning delay in sexual offence cases. Those matters
s. 79.
are now provided for by the Jury Directions Act 2015.
In particular—

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Part I—Offences

• for directions concerning delay and forensic disadvantage,

see Division 5 of Part 4 of that Act; and
• for directions concerning delay and credibility, see Division 2
of Part 5 of that Act.

(8G) Abrogation of obsolete rules of law Pt 1 Div. 1

Subdiv. (8G)
(Heading and
s. 62)
inserted by
No. 9509 s. 5.

62 Abrogation of obsolete rules of law S. 62

inserted by
No. 9509 s. 5.
(1) The rule of law whereby a male person under the
age of fourteen years is conclusively presumed to
be impotent is hereby abrogated.
(2) The existence of a marriage does not constitute, or S. 62(2)
substituted by
raise any presumption of, consent by a person to No. 10233
an act of sexual penetration with another person or s. 10,
amended by
to touching that is sexual (with or without No. 74/2014
aggravating circumstances) by another person. s. 7(6).

(3) A reference in this section to sexual penetration S. 62(3)

repealed by
means sexual penetration as defined by section 35 No. 8/1991
or 37D. s. 6(c), new
s. 62(3)
inserted by
No. 74/2014
s. 7(7).

(9) Child stealing

63 Child stealing No. 6103 s. 63.

(1) Whosoever unlawfully either by force or fraud S. 63(1)

amended by
leads or takes away or decoys or entices away or Nos 9576
detains any child under the age of sixteen years, s. 11(1),
49/1991
with intent to deprive any parent or guardian or s. 119(1)
any other person having the lawful care or charge (Sch. 2
item 30(a)),
of such child of the possession of such child or 48/1997
with intent to steal any article upon or about the s. 60(1)(Sch. 1
item 39(a)).
person of such child; and whosoever with any

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Part I—Offences

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) (2) Whosoever unlawfully takes decoys or entices
amended by
Nos 9576 away any child under the age of sixteen years out
s. 11(1), of the possession and against the will of the child's
49/1991
s. 119(1) parent or guardian or of any other person having
(Sch. 2 the lawful care or charge of the child shall be
item 30(b)),
48/1997 guilty of an indictable offence, and shall be liable
s. 60(1)(Sch. 1 to level 6 imprisonment (5 years maximum).
item 39(b)).

Pt 1 Div. 1 (9A) Kidnapping

Subdiv. (9A)
(Heading and
s. 63A)
inserted by
No. 6731
s. 2(2).

S. 63A 63A Kidnapping

inserted by
No. 6731
s. 2(2),
Whosoever leads takes or entices away or detains
amended by any person with intent to demand from that person
Nos 9576
s. 11(1),
or any other person any payment by way of
49/1991 ransom for the return or release of that person or
s. 119(1)
(Sch. 2
with intent to gain for himself or any other person
item 30A), any advantage (however arising) from the
48/1997
s. 60(1)(Sch. 1
detention of that person shall, whether or not any
item 40). demand or threat is in fact made, be guilty of an

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indictable offence and liable to level 2

imprisonment (25 years maximum).

(10) Bigamy
64 Bigamy No. 6103 s. 64.
S. 64
Whosoever being married goes through the form amended by
or ceremony of marriage with any other person Nos 9576
s. 11(1),
during the life of her or his husband or wife, shall 49/1991
be guilty of an indictable offence, and shall be s. 119(1)
(Sch. 2
liable to level 6 imprisonment (5 years item 32),
maximum). Nothing in this section contained shall 48/1997
s. 60(1)(Sch. 1
extend to any person going through the form or item 41).
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

65 Abortion performed by unqualified person No. 6103 s. 65.
S. 65
(1) A person who is not a qualified person must not amended by
perform an abortion on another person. Nos 9576
s. 11(1),
Penalty: Level 5 imprisonment (10 years 49/1991
s. 119(1)
maximum). (Sch. 2
item 33),
(2) A woman who consents to, or assists in, the 48/1997
performance of an abortion on herself is not guilty s. 60(1)(Sch. 1
item 42),
of an offence against this section. substituted by
No. 58/2008
(3) For the purposes of this section— s. 11.

(a) a registered medical practitioner is a

qualified person; and

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Part I—Offences

(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.
(4) In this section—
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 means a person
registered
medical registered under the Health Practitioner
practitioner Regulation National Law to practise in the
substituted by
No. 13/2010 medical profession (other than as a student);
s. 51(Sch.
item 17.2).

S. 65(4) def. of registered nurse means a person registered under

registered
nurse the Health Practitioner Regulation National
substituted by Law to practise in the nursing and midwifery
No. 13/2010
s. 51(Sch. profession as a nurse or as a midwife (other
item 17.2). than as a student);

S. 65(4) def. of registered pharmacist means a person registered

registered
pharmacist under the Health Practitioner Regulation
substituted by National Law to practise in the pharmacy
No. 13/2010
s. 51(Sch. profession (other than as a student);
item 17.2).

woman means a female person of any age.

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66 Abortion—Abolition of common law offences No. 6103 s. 66.

S. 66
Any rule of common law that creates an offence in amended by
relation to procuring a woman's miscarriage is Nos 9576
s. 11(1),
abolished. 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.

(12) Concealing the birth of a child 3

67 Concealing birth of a child No. 6103 s. 67.
S. 67
If any woman has been delivered of a child, every amended by
person who by any secret disposition of the dead Nos 9576
s. 11(1),
body of the said child whether such child died 49/1991
before at or after its birth endeavours to conceal s. 119(1)
(Sch. 2
the birth thereof, shall be guilty of a summary item 35),
offence, and shall be liable to level 9 48/1997
s. 60(1)(Sch. 1
imprisonment (6 months maximum). item 44(a)(b)).

(13) Child pornography 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.

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Part I—Offences

S. 67A 67A Definitions

inserted by
No. 90/1995 In this Subdivision—
s. 88.

S. 67A def. of administer, in relation to a website, includes

administer
inserted by building, developing or maintaining the
No. 42/2015 website but does not include hosting the
s. 3.
website;
S. 67A def. of authorised classifier means a person, or a person
authorised
classifier who belongs to a class of person, prescribed
inserted by by the regulations for the purposes of this
No. 42/2015
s. 3. definition;

S. 67A def. of child pornography means a film, photograph,

child
pornography publication or computer game that describes
amended by or depicts a person who is, or appears to be,
Nos 20/2004
s. 4, 6/2005 a minor engaging in sexual activity or
s. 12(1). depicted in an indecent sexual manner or
context;
S. 67A def. of child pornography offence means an offence
child
pornography against—
offence
inserted by (a) section 68, 69, 70, 70AAAB, 70AAAC
No. 42/2015
s. 3.
or 70AAAD; or
(b) section 57A of the Classification
(Publications, Films and Computer
Games) (Enforcement) Act 1995;
classified means classified under the
Commonwealth Act;
Commonwealth Act means the Classification
(Publications, Films and Computer Games)
Act 1995 of the Commonwealth;
computer game has the same meaning as in the
Commonwealth Act;

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Part I—Offences

data storage device has the meaning given by S. 67A def. of

section 247A(1); data storage
device
inserted by
No. 42/2015
s. 3.

deal, in relation to child pornography, includes S. 67A def. of

deal inserted
any of the following— by
No. 42/2015
(a) viewing, uploading or downloading s. 3.
child pornography;
(b) making child pornography available for
viewing, uploading or downloading;
(c) facilitating the viewing, uploading or
downloading of child pornography;
film has the same meaning as in the
Commonwealth Act;
law enforcement agency means— S. 67A def. of
law
enforcement
(a) Victoria Police or the police force or agency
police service of any other State or of amended by
Nos 52/2003
the Northern Territory of Australia; or s. 52(Sch. 1
item 2),
(b) the Australian Federal Police; or 37/2014
s. 10(Sch.
(c) the Australian Crime Commission item 36.5),
(by whatever name described) 54/2016 s. 27.

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 Northern Territory of
Australia;
minor means a person under the age of 18 years;

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photograph includes a photocopy or other

reproduction of a photograph;
S. 67A def. of police officer includes a member of the Australian
police officer
inserted by Federal Police;
No. 42/2015
s. 3.

publication has the same meaning as in the

Commonwealth Act.
S. 67A def. of relevant industry regulatory authority means a
relevant
industry body that is prescribed to be a relevant
regulatory industry regulatory authority for the purposes
authority
inserted by of section 70AAAB(5)(b);
No. 42/2015
s. 3.

S. 67A def. of seized material, in relation to a proceeding for a

seized
material, child pornography offence, means material—
inserted by
No. 42/2015 (a) that came into the possession of a
s. 3.
police officer in the course of the
exercise of functions as a police officer;
and
(b) some of which is alleged child
pornography that is the subject of the
proceeding;
S. 67A def. of website includes a page, or a group of pages, on
website
inserted by the Internet.
No. 42/2015
s. 3.

New s. 68 68 Production of child pornography

inserted by
No. 90/1995
s. 88,
(1) A person who prints or otherwise makes or
amended by produces child pornography is guilty of an
Nos 48/1997
s. 60(1)(Sch. 1
indictable offence punishable on conviction by
item 45(a)(b)), level 5 imprisonment (10 years maximum).
69/2001
s. 20(1) (ILA
s. 39B(1)).

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Part I—Offences

(1A) It is a defence to a prosecution for an offence S. 68(1A)

against subsection (1) to prove, in the case of— inserted by
No. 6/2005
(a) a film; or s. 12(2),
amended by
No. 6/2005
(b) a photograph contained in a publication; or s. 13(1).
(c) a computer game—
that at the time of the alleged offence the film,
publication or computer game was classified other
than RC or X or X 18+ or would, if classified, be
classified other than RC or X or X 18+.
(2) Nothing in subsection (1) makes it an offence S. 68(2)
inserted by
for— No. 69/2001
s. 20(1).
(a) any member or officer of a law enforcement
agency; or
(b) a person authorised in writing by the Chief
Commissioner of Police assisting a member
or officer; or
(c) a person belonging to a class of persons
authorised in writing by the Chief
Commissioner of Police assisting a member
or officer—
to print or otherwise make or produce child
pornography in the exercise or performance of a
power, function or duty conferred or imposed on
the member or officer by or under this or any
other Act or at common law.
(3) Nothing in subsection (1) makes it an offence for S. 68(3)
inserted by
any of the following to print or otherwise make or No. 77/2013
produce child pornography— s. 15.

(a) any of the following persons—

(i) the Director of Public Prosecutions;

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Part I—Offences

(ii) the Chief Crown Prosecutor, a Senior

Crown Prosecutor, a Crown Prosecutor
or an Associate Crown Prosecutor
appointed under the Public
Prosecutions Act 1994;
(iii) the Solicitor for Public Prosecutions
appointed under section 42 of the
Public Prosecutions Act 1994—
in the exercise or performance of a power,
function or duty conferred or imposed on the
person under the Public Prosecutions Act
1994 or any other Act or at common law;
(b) a member of staff of the Office of Public
Prosecutions, in the exercise or performance
of a power, function or duty conferred or
imposed by or under the Public
Prosecutions Act 1994 or any other Act or
at common law;
(c) a person engaged or contracted to assist a
person referred to in paragraphs (a) or (b)
with the production of audio-visual material
required in the exercise or performance of a
power, function or duty referred to in that
paragraph.
S. 68(4) (4) Nothing in subsection (1) makes it an offence for
inserted by
No. 77/2013 an employee of the Department of Justice to
s. 15. produce child pornography if—
(a) the employee produces child pornography
for the purposes of their official duties; and
(b) the employee is authorised to do so by the
Secretary of the Department of Justice.

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Part I—Offences

69 Procurement etc. of minor for child pornography S. 69

(Heading)
(1) A person who— inserted by
No. 20/2004
(a) invites a minor to be in any way concerned s. 5(2).
in the making or production of child New s. 69
inserted by
pornography; or No. 90/1995
s. 88,
amended by
Nos 48/1997
s. 60(1)(Sch. 1
item 46),
6/2005 s. 12(3)
(ILA s. 39B(1)).

(b) procures a minor for the purpose of making S. 69(1)(b)

amended by
or producing child pornography; or No. 20/2004
s. 5(1).

(c) causes a minor to be in any way concerned in S. 69(1)(c)

inserted by
the making or production of child No. 20/2004
pornography; or s. 5(1).

(d) offers a minor to be in any way concerned in S. 69(1)(d)

inserted by
the making or production of child No. 20/2004
pornography— s. 5(1).

is guilty of an indictable offence punishable on

conviction by level 5 imprisonment (10 years
maximum).
(2) It is a defence to a prosecution for an offence S. 69(2)
inserted by
against subsection (1) to prove, in the case of— No. 6/2005
s. 12(3),
(a) a film; or amended by
No. 6/2005
(b) a photograph contained in a publication; or s. 13(2).

(c) a computer game—

that at the time of the alleged offence the film,
publication or computer game would, if classified,
be classified other than RC or X or X 18+.

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Part I—Offences

New s. 70 70 Possession of child pornography

inserted by
No. 90/1995
s. 88.

S. 70(1) (1) A person who knowingly possesses child

amended by
No. 48/1997 pornography is guilty of an indictable offence.
s. 60(1)(Sch. 1
item 47), Penalty: Level 5 imprisonment (10 years
substituted by
No. 67/2000
maximum).
s. 6,
amended by
No. 42/2015
s. 4.

(2) It is a defence to a prosecution for an offence

against subsection (1) to prove—
S. 70(2)(a) (a) in the case of—
amended by
No. 6/2005
ss 12(4), 13(3).
(i) a film; or
(ii) a photograph contained in a
publication; or
(iii) a computer game—
that at the time of the alleged offence the
film, publication or computer game was
classified other than RC or X or X 18+ or
would, if classified, be classified other than
RC or X or X 18+; or
(b) that the film, photograph, publication or
computer game possesses artistic merit or is
for a genuine medical, legal, scientific or
educational purpose; or
S. 70(2)(c) (c) that the accused believed on reasonable
amended by
Nos 20/2004 grounds that the minor was aged 18 years or
s. 6(1), older or that he or she was married to the
68/2009
s. 97(Sch. minor; or
item 40.5).

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Part I—Offences

(d) that the accused made the film or took the S. 70(2)(d)
photograph or was given the film or amended by
No. 68/2009
photograph by the minor and that, at the time s. 97(Sch.
of making, taking or being given the film or item 40.5).

photograph, the accused was not more than

2 years older than the minor was or appeared
to be; or
(e) that the minor or one of the minors depicted S. 70(2)(e)
amended by
in the film or photograph is the accused. No. 68/2009
s. 97(Sch.
item 40.5).

(3) Despite subsection (2)(b), the defence of artistic S. 70(3)

amended by
merit cannot be relied on in a case where the No. 20/2004
prosecution proves that the minor was actually s. 6(2).

under the age of 18 years.

(4) Nothing in this section makes it an offence for— S. 70(4)
substituted by
No. 69/2001
(a) any member or officer of a law enforcement s. 20(2).
agency; or
(b) a person authorised in writing by the Chief
Commissioner of Police assisting such a
member or officer; or
(c) a person belonging to a class of persons
authorised in writing by the Chief
Commissioner of Police assisting such a
member or officer—
to have child pornography in his or her possession
in the exercise or performance of a power,
function or duty conferred or imposed on the
member or officer by or under this or any other
Act or at common law.
(5) Nothing in this section makes it an offence for any S. 70(5)
inserted by
of the following to have child pornography in his No. 77/2013
or her possession— s. 16.

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(a) any of the following persons—

(i) the Director of Public Prosecutions;
(ii) the Chief Crown Prosecutor, a Senior
Crown Prosecutor, a Crown Prosecutor
or an Associate Crown Prosecutor
appointed under the Public
Prosecutions Act 1994;
(iii) the Solicitor for Public Prosecutions
appointed under section 42 of the
Public Prosecutions Act 1994—
when required to do so in the exercise or
performance of a power, function or duty
conferred or imposed on the person under the
Public Prosecutions Act 1994 or any other
Act or at common law;
(b) a member of staff of the Office of Public
Prosecutions, when required to do so in the
exercise or performance of a power, function
or duty conferred or imposed by or under the
Public Prosecutions Act 1994 or any other
Act or at common law;
(c) any other legal practitioner when required to
do so in the course of representing the
Crown in a proceeding involving or related
to subsection (1) or section 68(1); or
(d) a person engaged or contracted to assist a
person referred to in paragraphs (a) or (b)
with the production of audio-visual material
required in the exercise or performance of a
power, function or duty referred to in that
paragraph.

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(6) Nothing in this section makes it an offence for an S. 70(6)

employee of the Department of Justice to have in inserted by
No. 77/2013
his or her possession child pornography if— s. 16.

(a) the employee has the child pornography in

his or her possession for the purposes of their
official duties; and
(b) the employee is authorised to do so by the
Secretary of the Department of Justice.
70AAA Exceptions to certain child pornography offences S. 70AAA
(Heading)
amended by
(1) Sections 68, 69 and 70 do not apply to a No. 42/2015
minor (A) if— s. 5.
S. 70AAA
(a) the child pornography is an image; and inserted by
No. 74/2014
(b) the image depicts A alone or with an adult; s. 8.
and
(c) the image is child pornography because of its
depiction of A.
(2) Sections 68, 69 and 70 do not apply to a
minor (A) if—
(a) the child pornography is an image; and
(b) the image depicts A with another minor; and
(c) the image is child pornography because of its
depiction of A or another minor; and
(d) where the image is child pornography
because of its depiction of a minor other than
A, at the time at which the offence is alleged
to have been committed—
(i) A is not more than 2 years older than
the youngest minor whose depiction in
the image makes it child pornography;
or

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(ii) A believes on reasonable grounds that

they are not more than 2 years older
than the youngest minor whose
depiction in the image makes it child
pornography; and
(e) the image does not depict an act that is a
criminal offence punishable by
imprisonment.
Example
The image depicts the minor (A) taking part in an act of
sexual penetration with another minor who is not more
than 2 years younger. Both are consenting to the act.
The offences in sections 68, 69 and 70 do not apply to
A in respect of the image.
(3) Sections 68, 69 and 70 do not apply to a minor
(A) if—
(a) the child pornography is an image; and
(b) the image depicts A alone or with another
person; and
(c) the image depicts an act that is a criminal
offence; and
(d) A is a victim of that offence.
Example
The image depicts the minor (A) being raped by another
person. The offences in sections 68, 69 and 70 do not apply
to A in respect of the image.
(4) Sections 68, 69 and 70 do not apply to a minor
(A) if—
(a) the child pornography is an image; and
(b) the image does not depict A; and

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(c) 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
believes on reasonable grounds that it
does not; and
(d) at the time at which the offence is alleged to
have been committed—
(i) A is not more than 2 years older than
the youngest minor whose depiction in
the image makes it child pornography;
or
(ii) A believes on reasonable grounds that
they are not more than 2 years older
than the youngest minor whose
depiction in the image makes it child
pornography.
Example
The image depicts a minor being sexually penetrated.
A believes on reasonable grounds that they are not more
than 2 years older than the minor is at the time at which the
image is produced. The offences in sections 68, 69 and 70
do not apply to A in respect of the image.
(5) In subsection (4)—
(a) a reference to the age of the youngest minor
whose depiction in the image makes it child
pornography is—
(i) in relation to an offence against
section 68 or 70—a reference to the age
of that minor at the time at which the
image was made or produced;

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(ii) in relation to an offence against

section 69—a reference to the age of
that minor at the time at which the
minor was invited, procured, caused or
offered to be in any way concerned in
the making or production of the image;
and
(b) a reference to the image, in relation to an
offence against section 69, is a reference to
the image that A invites, procures, causes or
offers the minor to be in any way concerned
in its making or production.
(6) In subsections (2) and (4), a reference to the time
at which the offence is alleged to have been
committed, in relation to an offence against
section 70, is a reference to the time at which A
first knowingly possesses the image.
(7) The accused bears the burden of proving (on the
balance of probabilities) the matter referred to in
subsection (2)(d)(ii) or (4)(c)(ii) or (d)(ii).
Note
Section 72 of the Criminal Procedure Act 2009 applies to
subsections (1), (2) (other than paragraph (d)(ii)), (3) and (4)
(other than paragraphs (c)(ii) and (d)(ii)).
S. 70AAAB 70AAAB Administering a child pornography website
inserted by
No. 42/2015
s. 6.
(1) A person (A) commits an offence 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 pornography; and
(c) A—
(i) intends that the website be used by
another person to deal with child
pornography; or

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(ii) is aware that the website is being used

by another person to deal with child
pornography.
Examples
1 A manages membership of a website. A intends
that the website be used by other persons to view
child pornography.
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
pornography.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
(3) It is not necessary to prove the identity of the
person using the website to deal with child
pornography.
(4) A person is not guilty of an offence against
subsection (1) if the person, on becoming aware
that the website is being used, or has been used,
by another person to deal with child pornography
takes all reasonable steps in the circumstances to
prevent any person from being able to use the
website to deal with child pornography.
(5) In determining whether a person has taken all
reasonable steps in the circumstances to prevent
any person from being able to use a website to
deal with child pornography, regard must be had
to whether the person did any of the following as
soon as it was practicable to do so—
(a) notified a police officer that the website is
being, or has been, used to deal with child
pornography and complied with any
reasonable directions given to the person by
a police officer as to what to do in relation to
that use of the website;

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(b) notified a relevant industry regulatory

authority that the website is being, or has
been, used to deal with child pornography
and complied with any reasonable directions
given to the person by that authority as to
what to do in relation to that use of the
website;
(c) shut the website down;
(d) modified the operation of the website so that
it could not be used to deal with child
pornography.
(6) Subsection (1) does not apply to conduct engaged
in by a person in good faith—
(a) in the course of official duties of the
person—
(i) connected with the administration of
the criminal justice system including
the investigation or prosecution of
offences; or
(ii) as an employee of the Department of
Justice and Regulation who is
authorised to engage in that conduct by
the Secretary to that Department; or
(b) for a genuine medical, scientific or
educational purpose.
(7) Subsection (1) does not apply to any dealing with
a film, publication or computer game that, at the
time of being dealt with, was classified other than
RC or would, if classified, have been classified
other than RC.
(8) It is immaterial that some or all of the conduct
constituting an offence against subsection (1)
occurred outside Victoria or that a computer or
device used in connection with administering the
website was outside Victoria, so long as—

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(a) the person using the website to deal with

child pornography was in Victoria; or
(b) the computer or device used to deal with
child pornography was in Victoria.
(9) It is immaterial that the person using the website
to deal with child pornography was outside
Victoria or that the computer or device used to
deal with child pornography 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.
70AAAC Encouraging use of a website to deal with child S. 70AAAC
inserted by
pornography No. 42/2015
s. 6.
(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(b) A encourages another person to use a
website; and
(c) A intends that the other person use the
website to deal with child pornography.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
(3) In determining whether A has encouraged another
person to use a website to deal with child
pornography, it is not necessary to prove—

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(a) the identity of the person encouraged to use

the website to deal with child pornography;
or
(b) that another person in fact used the website
to deal with child pornography; or
(c) if another person did in fact use the website
to deal with child pornography, that it was
A's encouragement that caused the person to
do so.
(4) Despite anything to the contrary in Division 12 of
Part 1, it is not an offence for a person to attempt
to commit an offence against subsection (1).
(5) It is immaterial that some or all of the conduct
constituting an offence against subsection (1)
occurred outside Victoria, so long as the person
being encouraged was in Victoria at the time at
which the 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 that conduct occurred in
Victoria.
Note
If an adult uses a minor as an innocent agent to encourage
another person to use a website, intending that the other
person use the website to deal with child pornography, the
adult commits an offence against subsection (1).
S. 70AAAD 70AAAD Assisting a person to avoid apprehension
inserted by
No. 42/2015
s. 6.
(1) A person (A) commits an offence 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—

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(i) section 68, 69, 70, 70AAAB

or 70AAAC; or
(ii) section 57A of the Classification
(Publications, Films and Computer
Games) (Enforcement) Act 1995.
Example
1 A provides information to B about how to use a
website to deal with child pornography anonymously
or how to encrypt electronic files containing child
pornography.
2 A provides information to B about how to delete
electronic data that records information about B's
identity.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
(3) It is not necessary to prove—
(a) the identity of the person to whom the
information was provided; or
(b) that the information was actually used by the
other person.
(4) It is immaterial that some or all of the conduct
constituting an offence against subsection (1)
occurred outside Victoria, so long as the other
person was in Victoria at the time at which the
conduct occurred.
(5) It is immaterial that the other person was outside
Victoria at the time 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.

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S. 70AAAE 70AAAE Use of random sample evidence in child

inserted by pornography cases
No. 42/2015
s. 6. (1) An authorised classifier, in connection with any
proceeding for a child pornography offence, may
conduct an examination of a random sample of
seized material.
(2) In the proceeding for the child pornography
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 pornography 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 pornography 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

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accused, has been given a reasonable opportunity

to inspect all of 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 pornography.
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.
Note
1 Part 8.3 of the Criminal Procedure Act 2009 provides for
service of documents.
2 Section 177 of the Evidence Act 2008 provides for the
adducing of expert evidence by the tendering of a certificate.
70AA Forfeiture S. 70AA
inserted by
No. 22/1996
s. 8.

(1) If a person is charged with a child pornography S. 70AA(1)

amended by
offence and the court is satisfied that the person No. 42/2015
committed the offence, the court may order that s. 7.

the child pornography in respect of which the

offence was committed is forfeited to the Crown.

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S. 70AA(2) (2) If, despite the acquittal of a person charged with a

amended by child pornography offence, the court is satisfied
No. 42/2015
s. 7. that an offence has been committed in respect of
the child pornography, the court may order that
the child pornography is forfeited to the Crown.
S. 70AA(3) (3) If a film, photograph, publication or computer
amended by
No. 37/2014 game has been lawfully seized under this
s. 10(Sch. Subdivision by a police officer but at the
item 36.6).
expiration of 6 months after the seizure no person
has been charged with an offence in relation to the
seized item, a police officer may apply to the
Magistrates' Court for an order that the film,
photograph, publication or computer game is child
pornography and is forfeited to the Crown.
S. 70AA(4) (4) The owner of a film, photograph, publication or
amended by
No. 37/2014 computer game that has been lawfully seized by a
s. 10(Sch. police officer may apply within 28 days after the
item 36.6).
seizure to the Magistrates' Court for the return of
the film, photograph, publication or computer
game.
(5) An application under subsection (4) may be made
after 28 days after the seizure if the Magistrates'
Court is satisfied that the applicant has a
reasonable excuse for failing to make the
application within the period referred to in
subsection (4).
(6) On an application under subsection (4), if the
Magistrates' Court is satisfied that—
(a) the applicant is the owner of the film,
photograph, publication or computer game;
and
(b) the film, photograph, publication or
computer game is not child pornography—
the Court must order that, at the expiration of
6 months, after the seizure, the film, photograph,
publication or computer game be returned to the

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applicant unless the applicant or another person

has been charged with an offence in relation to the
film, photograph, publication or computer game.
(7) Subject to subsection (8), child pornography
which is forfeited under this section may be
destroyed or otherwise dealt with as directed by
the Minister.
(8) The Minister must not direct the destruction of
child pornography before the expiration of the
time allowed for instituting an appeal against the
order or, if an appeal is lodged within that time,
before the determination of the appeal.
(9) Nothing in this section limits the right of the S. 70AA(9)
amended by
Director of Public Prosecutions or any other No. 108/1997
person to apply for an order under the s. 151.

Confiscation Act 1997.

(14) Sexual performances involving a minor Pt 1 Div. 1

Subdiv. (14)
(Heading and
s. 70)
repealed by
No. 9509 s. 6,
new Pt 1 Div.
1 Subdiv. (14)
(Heading and
ss 70AB,
70AC)
inserted by
No. 20/2004
s. 7.

70AB Definitions S. 70AB

inserted by
No. 20/2004
In this Subdivision— s. 7.
minor means person under the age of 18 years;
sexual performance means live performance that
is, or could reasonably be considered to be,
for the sexual arousal or sexual gratification
of any person.

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S. 70AC 70AC Sexual performance involving a minor

inserted by
No. 20/2004 A person must not—
s. 7.
(a) invite a minor to be in any way concerned in
a sexual performance; or
(b) procure a minor for the purpose of being in
any way concerned in a sexual performance;
or
(c) cause a minor to be in any way concerned in
a sexual performance; or
(d) offer a minor to be in any way concerned in
a sexual performance—
in circumstances where there is payment or
reward to the minor or to any other person in
respect of the performance.
Penalty: Level 5 imprisonment (10 years
maximum).
Pt 1 Div. 1A
(Heading and Division 1A—Piracy
ss 70A–70D)
inserted by
No. 9407
s. 2(b).

(1837) 7 70A Piracy with violence

William IV and
1 Vict.
c. LXXXVIII
Any person who with intent to commit or at the
s. 2. time of or immediately before or immediately
S. 70A after committing the offence of piracy in respect
inserted by
No. 9407 of any vessel—
s. 2(b),
amended by (a) assaults with intent to murder any person on
Nos 37/1986 board or belonging to the vessel; or
s. 10, 49/1991
s. 119(1)
(Sch. 2
(b) wounds any such person; or
item 36(a)).

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(c) unlawfully does any act by which the life of

any such person may be endangered—
shall be liable to—
(d) level 3 imprisonment (20 years maximum); S. 70A(a)
(where
or 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
s. 60(1)(Sch. 1
item 48).

(e) imprisonment for such other term as is fixed S. 70A(b)

(where
by the court— secondly
occurring)
inserted by
No. 37/1986
s. 10,
amended by
No. 49/1991
s. 119(1)
(Sch. 2
item 36(c)), re-
numbered as
s. 70A(e) by
No. 48/1997
s. 62(2).

as the court determines.

70B Piratical acts (1698) 11
William III,
c. VII ss 7, 8.
(1) A person commits a piratical act if—
S. 70B
(a) being an Australian citizen, he commits any inserted by
No. 9407
piracy or robbery or any act of hostility or s. 2(b).
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

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(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) (2) Any person who commits a piratical act shall be
amended by
Nos 37/1986 guilty of an offence and shall be liable on
s. 11, 49/1991 conviction upon indictment to—
s. 119(1)
(Sch. 2
item 37(a)).

S. 70B(2)(a) (a) level 3 imprisonment (20 years maximum);

inserted by
No. 37/1986 or
s. 11,
substituted by
Nos 49/1991
s. 119(1)
(Sch. 2
item 37(b)),
48/1997
s. 60(1)(Sch. 1
item 49).

S. 70B(2)(b) (b) imprisonment for such other term as is fixed

inserted by
No. 37/1986 by the court—
s. 11,
amended by
No. 49/1991
s. 119(1)
(Sch. 2
item 37(c)).

as the court determines.

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70C Trading etc. with pirates (1721) 8

George I,
Any person who knowingly— c. XXIV s. 1.
S. 70C
(a) trades with any pirate; inserted by
No. 9407
(b) furnishes any pirate with any munitions or s. 2(b),
stores of any kind; amended by
Nos 49/1991
s. 119(1)
(c) fits out any vessel with a design to trade (Sch. 2
with, supply or correspond with any pirate; item 38),
48/1997
or s. 60(1)(Sch. 1
item 50).
(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).
70D Being found on board piratical vessel and unable to S. 70D
inserted by
prove non-complicity No. 9407
s. 2(b).

(1) Any person who is found in Victoria on board any S. 70D(1)

amended by
vessel equipped for the purposes of piracy shall be Nos 49/1991
guilty of an offence and shall be liable on s. 119(1)
(Sch. 2
conviction upon indictment to level 6 item 39),
imprisonment (5 years maximum). 48/1997
s. 60(1)(Sch. 1
item 51).

(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.

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Pt 1 Div. 2 Division 2—Theft and similar or associated offences

(Heading)
substituted by
No. 8425
s. 2(1)(a).

S. 71 71 Definitions
amended by
No. 8280 s. 7,
substituted by
(1) In this Division—
No. 8425
s. 2(1)(b). 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).

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72 Basic definition of theft S. 72

substituted by
(1) A person steals if he dishonestly appropriates No. 8425
property belonging to another with the intention of s. 2(1)(b).

permanently depriving the other of it.

(2) A person who steals is guilty of theft; and "thief"
shall be construed accordingly.
73 Further explanation of theft S. 73
substituted by
No. 8425
(1) This section has effect as regards the s. 2(1)(b).
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

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Part I—Offences

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.

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(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.

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Part I—Offences

(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) (a) for stealing a motor vehicle or an aircraft
amended by
No. 127/1986 proof that the person charged took or in any
s. 102(Sch. 4 manner used the motor vehicle or aircraft
item 5.2).
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) (b) for attempting to steal a motor vehicle or an
amended by
No. 127/1986 aircraft proof that the person charged
s. 102(Sch. 4 attempted to take or in any manner use the
item 5.2).
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.

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Part I—Offences

(15) In this section— S. 73(15)

inserted by
motor vehicle includes vessel, whether or not the No. 20/2015
vessel is powered by a motor; s. 22.

vessel has the same meaning as in the Marine

Safety Act 2010.

Theft, robbery, burglary, &c. Heading

preceding
s. 74
inserted by
No. 8425
s. 2(1)(b).

74 Theft S. 74
amended by
No. 8280 s. 8,
substituted by
No. 8425
s. 2(1)(b),
amended by
Nos 9576
s. 11(1),
36/1988
s. 4(a).

(1) A person guilty of theft is guilty of an indictable S. 74(1)

amended by
offence and liable to level 5 imprisonment Nos 49/1991
(10 years maximum). s. 119(1)
(Sch. 2
item 40),
48/1997
s. 60(1)(Sch. 1
item 52).

(2) Section 80A applies as if the reference in that S. 74(2)

inserted by
section to sections 81–87 (both inclusive) were a No. 36/1988
reference to this section. s. 4(b).

* * * * * 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.

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S. 74AA 74AA Theft of firearm

inserted by
No. 44/2015 (1) A person must not steal a firearm.
s. 9.
Penalty: 1800 penalty units or 15 years
imprisonment.
(2) For the purposes of subsection (1)—
firearm has the same meaning as in
section 3(1) of the Firearms Act 1996.
S. 75 75 Robbery
substituted by
No. 8425
s. 2(1)(b).

S. 75(1) (1) A person is guilty of robbery if he steals, and

amended by
No. 9323 immediately before or at the time of doing so, and
s. 2(a). 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) (2) A person guilty of robbery, or of an assault with
amended by
Nos 9048 s. 3, intent to rob, is guilty of an indictable offence and
9576 s. 11(1), liable to level 4 imprisonment (15 years
49/1991
s. 119(1) maximum).
(Sch. 2
item 41),
48/1997
s. 60(1)(Sch. 1
item 53).

S. 75A 75A Armed robbery

inserted by
No. 9048 s. 2.
(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).

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Part I—Offences

(2) A person guilty of armed robbery is guilty of an S. 75A(2)

indictable offence and liable to level 2 amended by
Nos 9576
imprisonment (25 years maximum). s. 11(1),
49/1991
s. 119(1)
(Sch. 2
item 41A),
48/1997
s. 60(1)(Sch. 1
item 54).

76 Burglary S. 76
substituted by
No. 8425
(1) A person is guilty of burglary if he enters any s. 2(1)(b).
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.
(3) A person guilty of burglary is guilty of an S. 76(3)
amended by
indictable offence and liable to level 5 Nos 9576
imprisonment (10 years maximum). s. 11(1),
49/1991
s. 119(1)
(Sch. 2
item 42),
48/1997
s. 60(1)(Sch. 1
item 55).

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S. 77 77 Aggravated burglary
substituted by
No. 8425
s. 2(1)(b).

S. 77(1) (1) A person is guilty of aggravated burglary if he or

amended by
Nos 9008 she commits a burglary and—
s. 2(1)
(Sch. (a) at the time has with him or her any firearm
item 2(a)),
9048 s. 4(a)(b),
or imitation firearm, any offensive weapon
9323 s. 2(b), or any explosive or imitation explosive; or
66/1996
s. 201(2), (b) at the time of entering the building or the
substituted by
No. 48/1997 part of the building a person was then
s. 54. present in the building or part of the building
and he or she knew that a person was then so
present or was reckless as to whether or not a
person was then so present.
S. 77(1A) (1A) For the purposes of subsection (1)—
inserted by
No. 48/1997
s. 54.
explosive means any article manufactured for the
purpose of producing a practical effect by
explosion, or intended by the person having
it with him or her for that purpose;
firearm has the same meaning as in the Firearms
Act 1996;
imitation explosive means any article which might
reasonably be taken to be or to contain an
explosive;
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.

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Part I—Offences

(2) A person guilty of aggravated burglary is guilty of S. 77(2)

an indictable offence and liable to level 2 amended by
Nos 9576
imprisonment (25 years maximum). s. 11(1),
49/1991
s. 119(1)
(Sch. 2
item 31),
48/1997
s. 60(1)(Sch. 1
item 56).

77A Home invasion S. 77A

inserted by
No. 50/2016
(1) A person commits a home invasion if— s. 3.
(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.

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Part I—Offences

(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 to level 2 imprisonment
(25 years maximum).
(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.
(5) In this section—
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.

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77B Aggravated home invasion S. 77B

inserted by
(1) A person commits an aggravated home invasion No. 50/2016
if— s. 3.

(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).

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Part I—Offences

(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.
(4) In this section—
explosive, firearm, imitation explosive, imitation
firearm, and offensive weapon have the
same meanings as in section 77;
home has the same meaning as in section 77A.
Notes
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 non-parole period of not less than
3 years be fixed under section 11 of that Act unless the court
finds under section 10A of that Act that a special reason
exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AC of that Act do not apply and
the court has full sentencing discretion.
S. 77C 77C Alternative verdict for charge of aggravated home
inserted by
No. 50/2016 invasion
s. 3.
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.

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Part I—Offences

78 Removal of articles from places open to the public S. 78

substituted by
(1) Subject to subsections (2) and (3), where the No. 8425
public have access to a building in order to view s. 2(1)(b).

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.

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S. 78(4) (4) A person guilty of an offence under this section is

amended by guilty of an indictable offence and liable to level 6
Nos 9576
s. 11(1), imprisonment (5 years maximum).
49/1991
s. 119(1)
(Sch. 2
item 43),
48/1997
s. 60(1)(Sch. 1
item 57).
S. 79 79 Carjacking
substituted by
No. 8425
s. 2(1)(b),
(1) A person (A) commits a carjacking if—
amended by
No. 9576 (a) A steals a vehicle; and
s. 11(1),
repealed by (b) immediately before or at the time of doing
No. 10084 s. 4, so, and in order to do so, A—
new s. 79
inserted by
No. 50/2016
(i) uses force on another person; or
s. 4.
(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 liable to level 4 imprisonment
(15 years maximum).
(3) In this section—
vehicle includes—
(a) a motor vehicle;
(b) a vessel within the meaning of
the Marine Safety Act 2010.
S. 79A 79A Aggravated carjacking
inserted by
No. 50/2016
s. 4.
(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

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Part I—Offences

(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).
(3) In this section—
explosive, firearm, imitation explosive, imitation
firearm, and offensive weapon have the
same meanings as in section 77;
injury has the same meaning as in section 15.
Notes
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 non-parole period of not less than
3 years be fixed under section 11 of that Act unless the
court finds under section 10A of that Act that a special
reason exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AD of that Act do not apply
and the court has full sentencing discretion.
80 Unlawfully taking control of an aircraft S. 80
substituted by
No. 8425
s. 2(1)(b),
amended by
No. 9576
s. 11(1).

(1) A person who without lawful excuse takes or S. 80(1)

amended by
exercises control, whether direct or through Nos 49/1991
another person, of an aircraft while another person s. 119(1)
(Sch. 2
not being an accomplice to the first-mentioned item 41),
person is on board the aircraft shall be guilty of an 48/1997
s. 60(1)(Sch. 1
indictable offence and shall be liable to level 4 item 58(a)).
imprisonment (15 years maximum).

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Part I—Offences

S. 80(2) (2) A person who without lawful excuse, by force or

amended by violence or threat of force or violence or by any
Nos 9576
s. 11(1), trick of false pretence, takes or exercises control,
49/1991 whether direct or through another person, of an
s. 119(1)
(Sch. 2 aircraft while another person not being an
item 31), accomplice of the first-mentioned person is on
48/1997
s. 60(1)(Sch. 1 board the aircraft shall be guilty of an indictable
item 58(b)). offence and shall be liable to level 3 imprisonment
(20 years maximum).
Heading
preceding Fraud and blackmail
s. 80A
inserted by
No. 8425
s. 2(1)(b).

S. 80A 80A Extra-territorial offences

inserted by
No. 36/1988
s. 5.
(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

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Part I—Offences

harmful effects arise in Victoria and such

effects did arise.
81 Obtaining property by deception 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).

(1) A person who by any deception dishonestly S. 81(1)

amended by
obtains property belonging to another, with the Nos 9576
intention of permanently depriving the other of it, s. 11(1),
49/1991
is guilty of an indictable offence and liable to s. 119(1)
level 5 imprisonment (10 years maximum). (Sch. 2
item 40),
48/1997
s. 60(1)(Sch. 1
item 59).

(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.
(4) For the purposes of this section, deception— S. 81(4)
substituted by
No. 36/1988
(a) means any deception (whether deliberate or s. 6.
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

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Part I—Offences

(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 82 Obtaining financial advantage by deception
amended by
No. 7876
s. 2(3),
substituted by
Nos 8280
s. 10, 8425
s. 2(1)(b).

S. 82(1) (1) A person who by any deception dishonestly

amended by
Nos 9576 obtains for himself or another any financial
s. 11(1), advantage is guilty of an indictable offence and
49/1991
s. 119(1) liable to level 5 imprisonment (10 years
(Sch. 2 maximum).
item 40),
48/1997
s. 60(1)(Sch. 1
item 59).

(2) For purposes of this section deception has the

same meaning as in section 81.
S. 83 83 False accounting
amended by
Nos 7184 s. 2,
7705 s. 10,
7876 s. 2(3),
7994 s. 5, 8280
s. 11(1)–(3),
substituted by
No. 8425
s. 2(1)(b).

S. 83(1) (1) Where a person dishonestly, with a view to gain

amended by
Nos 9576 for himself or another or with intent to cause loss
s. 11(1), to another—
49/1991
s. 119(1)
(Sch. 2
(a) destroys, defaces, conceals or falsifies any
item 33), account or any record or document made or
48/1997
s. 60(1)(Sch. 1
required for any accounting purpose; or
item 60).

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Part I—Offences

(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.
83A Falsification of documents S. 83A
inserted by
No. 36/1988
s. 7.

(1) A person must not make a false document with the S. 83A(1)
amended by
intention that he or she, or another person, shall Nos 49/1991
use it to induce another person to accept it as s. 119(1)
(Sch. 2
genuine, and by reason of so accepting it to do or item 44),
not to do some act to that other person's, or to 48/1997
s. 60(1)(Sch. 1
another person's prejudice. item 61).

Penalty: Level 5 imprisonment (10 years

maximum).
(2) A person must not use a document which is, and S. 83A(2)
amended by
which he or she knows to be, false, with the Nos 49/1991
intention of inducing another person to accept it as s. 119(1)
(Sch. 2
genuine, and by reason of so accepting it to do or item 44),
not to do some act to that other person's, or to 48/1997
s. 60(1)(Sch. 1
another person's prejudice. item 61).

Penalty: Level 5 imprisonment (10 years

maximum).

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S. 83A(3) (3) A person must not make a copy of a document

amended by which is, and which he or she knows to be, a false
Nos 49/1991
s. 119(1) document, with the intention that he or she, or
(Sch. 2 another person, shall use it to induce another
item 44),
48/1997 person to accept it as a copy of a genuine
s. 60(1)(Sch. 1 document and by reason of so accepting it to do or
item 61).
not to do some act to that other person's, or to
another person's prejudice.
Penalty: Level 5 imprisonment (10 years
maximum).
S. 83A(4) (4) A person must not use a copy of a document
amended by
Nos 49/1991 which is, and which he or she knows to be, a false
s. 119(1) document, with the intention of inducing another
(Sch. 2
item 44), person to accept it as a copy of a genuine
48/1997 document and by reason of so accepting it to do or
s. 60(1)(Sch. 1
item 61). not to do some act to that other person's, or to
another person's prejudice.
Penalty: Level 5 imprisonment (10 years
maximum).
S. 83A(5) (5) A person must not have in his or her custody, or
amended by
Nos 49/1991 under his or her control, a document which is, and
s. 119(1) which he or she knows to be, false, with the
(Sch. 2
item 44), intention that the person or another shall use it to
48/1997 induce another person to accept it as genuine, and
s. 60(1)(Sch. 1
item 61). 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.
Penalty: Level 5 imprisonment (10 years
maximum).

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(5A) A person must not, with the intention that he or S. 83A(5A)

she may commit an offence against subsection (1), inserted by
No. 25/1989
make, or have in his or her custody, or under his s. 5,
or her control, a machine or implement, or paper amended by
Nos 49/1991
or other material, which is, and which he or she s. 119(1)
knows to be, specially designed or adapted for the (Sch. 2
item 44),
making of a document which, if made by him or 48/1997
her, would be false. s. 60(1)(Sch. 1
item 61).
Penalty: Level 5 imprisonment (10 years
maximum).
(5B) A person must not, with the intention that another S. 83A(5B)
inserted by
person may commit an offence against subsection No. 25/1989
(1), make, or have in his or her custody, or under s. 5,
amended by
his or her control, a machine or implement, or Nos 49/1991
paper or other material, which is, and which he or s. 119(1)
(Sch. 2
she knows to be, specially designed or adapted for item 44),
the making of a document which, if made by that 48/1997
s. 60(1)(Sch. 1
other person, would be false. item 61).

Penalty: Level 5 imprisonment (10 years

maximum).
(5C) A person must not, without lawful excuse, make S. 83A(5C)
inserted by
or have in his or her custody, or under his or her No. 25/1989
control, a machine or implement, or paper or other s. 5,
amended by
material, which is and which the person knows to Nos 49/1991
be specially designed or adapted for the making of s. 119(1)
(Sch. 2
a document which, if made by him or her, would item 45),
be false. 48/1997
s. 60(1)(Sch. 1
item 62).
Penalty: Level 6 imprisonment (5 years
maximum).
(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

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Part I—Offences

(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

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(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.
(9) In this section—
(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

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Part I—Offences

(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. 83B 83B Abolition of common law offences of forgery and
inserted by
No. 25/1989 uttering
s. 6.
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. 84 84 Liability of company officers for certain offences by
substituted by
No. 8425 company
s. 2(1)(b).
(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.

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Part I—Offences

(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.
85 False statements by company directors etc. S. 85
amended by
No. 7876
s. 2(3),
substituted by
No. 8425
s. 2(1)(b).

(1) Where an officer of a body corporate or S. 85(1)

amended by
unincorporated association (or person purporting Nos 9576
to act as such), with intent to deceive members or s. 11(1),
49/1991
creditors of the body corporate or association s. 119(1)
about its affairs, publishes or concurs in (Sch. 2
item 33),
publishing a written statement or account which to 48/1997
his knowledge is or may be misleading, false or s. 60(1)(Sch. 1
item 63).
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.

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Part I—Offences

S. 86 86 Suppression etc. of documents

amended by
No. 7876
s. 2(3),
substituted by
No. 8425
s. 2(1)(b).

S. 86(1) (1) A person who dishonestly, with a view to gain for

amended by
Nos 9576 himself or another or with intent to cause loss to
s. 11(1), another, destroys, defaces or conceals any
49/1991
s. 119(1) valuable security, any will or other testamentary
(Sch. 2 document or any original document of or
item 33),
48/1997 belonging to, or filed or deposited in, any court of
s. 60(1)(Sch. 1 justice or any government department is guilty of
item 64).
an indictable offence and liable to level 5
imprisonment (10 years maximum).
S. 86(2) (2) A person who dishonestly, with a view to gain for
amended by
Nos 9576 himself or another or with intent to cause loss to
s. 11(1), another, by any deception procures the execution
49/1991
s. 119(1) of a valuable security is guilty of an indictable
(Sch. 2 offence and liable to level 5 imprisonment
item 46),
48/1997 (10 years maximum) and this subsection shall
s. 60(1)(Sch. 1 apply in relation to the making, acceptance,
item 64).
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.

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Part I—Offences

87 Blackmail S. 87
substituted by
(1) A person is guilty of blackmail if, with a view to No. 8425
gain for himself or another or with intent to cause s. 2(1)(b).

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.
(3) A person guilty of blackmail is guilty of an S. 87(3)
amended by
indictable offence and liable to level 4 Nos 9576
imprisonment (15 years maximum). s. 11(1),
49/1991
s. 119(1)
(Sch. 2
item 41),
48/1997
s. 60(1)(Sch. 1
item 65).

Offences relating to goods stolen, &c. Heading

preceding
s. 88
inserted by
No. 8425
s. 2(1)(b).

88 Handling stolen goods S. 88

substituted by
No. 8425
s. 2(1)(b),
amended by
No. 70/1987
s. 5(a)(b).

(1) A person handles stolen goods if knowing or S. 88(1)

amended by
believing them to be stolen goods he dishonestly No. 59/2004
receives the goods or brings them into Victoria, or s. 3.

dishonestly undertakes or assists in bringing them

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Part I—Offences

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) (2) A person guilty of handling stolen goods is guilty
amended by
Nos 9576 of an indictable offence and liable to level 4
s. 11(1), imprisonment (15 years maximum).
49/1991
s. 119(1)
(Sch. 2
item 40),
48/1997
s. 60(1)(Sch. 1
item 66).

S. 88(3) (3) Where a married woman handles stolen goods, the

inserted by
No. 9073 fact that the person from whom she receives the
s. 2(a). goods is her husband shall not of itself constitute a
defence to a charge under this section.
S. 88A 88A Alternative charges of theft and handling stolen
(Heading)
amended by goods
No. 68/2009
s. 97(Sch. If—
item 40.6)
S. 88A
inserted by
No. 59/2004
s. 4.

S. 88A(a) (a) a charge for an offence of theft under

amended by
No. 68/2009 section 74 and a charge for an offence of
s. 97(Sch. handling stolen goods under section 88 are
item 40.7).
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.

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Part I—Offences

89 Advertising rewards for return of goods stolen or S. 89

lost amended by
No. 8181
Where any public advertisement of a reward for s. 2(1)(Sch.
item 33),
the return of any goods which have been stolen or substituted by
lost uses any words to the effect that no questions No. 8425
s. 2(1)(b),
will be asked, or that the person producing the amended by
goods will be safe from apprehension or inquiry, Nos 9554
s. 2(2)(Sch. 2
or that any money paid for the purchase of the item 52),
goods or advanced by way of loan on them will be 49/1991
s. 119(1)
repaid, the person advertising the reward and any (Sch. 2
person who prints or publishes the advertisement item 47),
69/1997
shall on summary conviction be liable to a s. 22(5).
level 11 fine (5 penalty units maximum).
90 Scope of offences relating to stolen goods S. 90
amended by
No. 8181
(1) The provisions of this Act relating to goods which s. 2(1)
have been stolen shall apply whether the stealing (Sch. item 33),
substituted by
occurred in Victoria or elsewhere, and whether it No. 8425
occurred before or after the commencement of this s. 2(1)(b).
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

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(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 Possession of housebreaking implements, &c.
preceding
s. 91
inserted by
No. 8425
s. 2(1)(b).

S. 91 91 Going equipped for stealing etc.

amended by
No. 7876
s. 2(3),
substituted by
No. 8425
s. 2(1)(b).

S. 91(1) (1) A person shall be guilty of a summary offence if,

amended by
No. 48/1997 when not at his place of abode, he has with him
s. 60(1)(Sch. 1 any article for use in the course of or in connexion
item 67(a)).
with any burglary, theft or cheat.

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(2) A person guilty of an offence under this section S. 91(2)

shall be liable to level 7 imprisonment (2 years amended by
Nos 49/1991
maximum). s. 119(1)
(Sch. 2
item 34),
48/1997
s. 60(1)(Sch. 1
item 67(b)).

(3) Where a person is charged with an offence under

this section, proof that he had with him any article
made or adapted for use in committing a burglary,
theft or cheat shall be evidence that he had it with
him for such use.
(4) On the conviction of a person for an offence under S. 91(4)
substituted by
this section, the court may order the article to be No. 10249
forfeited to the Crown and disposed of in the s. 13.

manner set out in the order.

92 Search for stolen goods 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)).

(1) If a magistrate is satisfied by evidence on oath or S. 92(1)

substituted by
by affidavit that there is reasonable cause to No. 25/2009
believe that any person has— s. 3(1).

(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.

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Part I—Offences

S. 92(1A) (1A) A warrant issued under subsection (1) must be

inserted by addressed to a constable unless the warrant is
No. 25/2009
s. 3(1). issued under the authority of an enactment that
expressly provides otherwise.
S. 92(2) (2) A police officer not below the rank of inspector
amended by
No. 37/2014 may give a constable written authority to search
s. 10(Sch. any premises for stolen goods—
item 36.7).
(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) (3) If under this section a person is authorised to
substituted by
No. 25/2009 search premises or a particular vehicle located in a
s. 3(2). 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. 92(5) (5) In this section—
inserted by
No. 25/2009
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.

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Part I—Offences

93 Procedure and evidence S. 93

substituted by
No. 8425
s. 2(1)(b).

(1) Any number of persons may be charged in one S. 93(1)

amended by
indictment with reference to the same theft, with No. 68/2009
having at different times or at the same time s. 97(Sch.
item 40.8).
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
(b) a statutory declaration shall only be S. 93(3)(b)
amended by
admissible if at least seven days before the No. 9848
hearing or trial a copy of it has been given to s. 18(1).

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

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Part I—Offences

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 General and consequential provisions

preceding
s. 95
inserted by
No. 8425
s. 2(1)(b).

S. 95 95 Husband and wife

amended by
No. 8181
s. 2(1)
(1) This Act shall apply in relation to the parties to a
(Sch. item 33), marriage, and to property belonging to the wife or
substituted by
No. 8425
husband whether or not by reason of an interest
s. 2(1)(b). 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
4
s. 37.

S. 95(3) * * * * *
amended by
No. 9848
s. 18(1),
repealed by
No. 19/1987
s. 27(b).

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Part I—Offences

* * * * * Ss 96–174
5
repealed.

Secret commissions prohibition Heading

preceding
s. 175
amended by
No. 8425
s. 2(1)(d).

175 Definitions 6 No. 6103

s. 175.
(1) For the purposes of this subdivision—
advice given and words to the like effect include
every report certificate statement and
suggestion intended to influence the person
to whom the same may be made or given and
every influence exercised by one person over
another;
agent includes any corporation or other person S. 175(1)
def. of
acting or having been acting or desirous or agent
intending to act for or on behalf of any amended by
Nos 74/2000
corporation or other person whether as agent s. 3(Sch. 1
partner co-owner clerk servant employee item 30.1),
18/2005
banker broker auctioneer architect clerk of s. 18(Sch. 1
works engineer legal practitioner surveyor item 27.2).

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;

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Part I—Offences

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;

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Part I—Offences

trustee includes trustee executor administrator S. 175(1)

liquidator trustee within the meaning of any def. of
trustee
Act relating to bankruptcy receiver director amended by
administrator or guardian under the Nos 25/1989
s. 20(c),
Guardianship and Administration Act 52/1998
1986 or attorney under an enduring power of s. 311(Sch. 1
item 17),
attorney under the Powers of Attorney Act 57/2014 s. 149.
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.

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Part I—Offences

No. 6103 176 Receipt or solicitation of secret commission by an

s. 176. agent an indictable offence 7
(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) (2) Whosoever corruptly gives or offers to any agent
amended by
Nos 9554 any valuable consideration—
s. 2(2)(Sch. 2
item 53), 9576 (a) as an inducement or reward for or otherwise
s. 11(1),
36/1988
on account of doing or forbearing to do or
s. 8(a)(i)–(iii), having done or forborne to do any act in
49/1991
s. 119(1)
relation to his principal's affairs or business;
(Sch. 2 or
item 48),
48/1997 (b) the receipt or any expectation of which
s. 60(1)(Sch. 1
item 68). 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.

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Part I—Offences

177 Secret gifts to parent, wife, child, partner etc. of No. 6103
agent deemed gifts to agent 8 s. 177.

(1) Any valuable consideration given or offered to S. 177(1)

amended by
any parent husband wife or child of any agent or No. 48/1997
to his partner clerk or employee or at the agent's s. 62(3).

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.
(2) Any valuable consideration received or solicited S. 177(2)
amended by
by any parent husband wife or child of any agent No. 74/2000
or by his partner clerk or employee from any s. 3(Sch. 1
item 30.2).
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.
178 Giving or receiving false or misleading receipt or No. 6103
s. 178.
account an indictable offence 9 S. 178
amended by
If with intent to deceive or defraud the principal Nos 9554
any person gives to any agent or any agent s. 2(2)(Sch. 2
item 53), 9576
receives or uses or gives to the principal any s. 11(1),
receipt invoice account or document in respect of 36/1988
s. 8(b)(i)–(iii),
which or in relation to a dealing transaction or 49/1991
matter in which the principal is interested and s. 119(1)
(Sch. 2
which— item 48),
48/1997
(a) contains any statement which he knows is s. 60(1)(Sch. 1
false or erroneous or defective in any item 68).

important particular or is in any way likely to

mislead the principal; or

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Part I—Offences

(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—
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 179 Gift or receipt of secret commission in return for
s. 179.
advice given 10
S. 179(1) (1) Whenever any advice is given by one person to
amended by
No. 9576 another and such advice is in any way intended to
s. 11(1). 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.

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Part I—Offences

(2) Any offer or solicitation of a valuable S. 179(2)

consideration in respect of any advice given or to amended by
No. 9576
be given by one person to another with a view to s. 11(1).
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.
(3) Any person on conviction of an indictable offence S. 179(3)
amended by
under any of the provisions of this section shall— No. 9576
s. 11(1).

(a) be liable if a corporation to a level 5 fine and S. 179(3)(a)

amended by
if any other person to level 5 imprisonment Nos 9554
(10 years maximum) or a level 5 fine or s. 2(2)(Sch. 2
item 54),
both. 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).

* * * * * S. 179(3)(b)
repealed by
No. 36/1988
s. 8(c)(iii).

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Part I—Offences

No. 6103 180 Secret commission to trustee in return for

s. 180. substituted appointment 11
S. 180
amended by Every person who offers or gives any valuable
Nos 9576
s. 11(1), consideration to a trustee and every trustee who
57/1989 receives or solicits any valuable consideration for
s. 3(Sch.
item 42.5). 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) (a) be liable if a corporation to a level 5 fine and
amended by
Nos 9554 if any other person to level 5 imprisonment
s. 2(2)(Sch. 2 (10 years maximum) or a level 5 fine or
item 54),
36/1988 both.
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).

S. 180(b) * * * * *
repealed by
No. 36/1988
s. 8(d)(iii).

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Part I—Offences

181 Aiding and abetting offences within or outside No. 6103

Victoria 12 s. 181.
S. 181
Every person who being within Victoria amended by
Nos 9554
knowingly aids, abets, counsels, or procures, or s. 2(2)(Sch. 2
who attempts or takes part in or is in any way item 53), 9576
s. 11(1),
privy to— 36/1988
s. 8(e)(i)–(iii),
(a) doing any act or thing in contravention of 49/1991
this subdivision; s. 119(1)
(Sch. 2
(b) doing any act or thing outside Victoria, or item 48),
48/1997
partly within and partly outside Victoria, s. 60(1)(Sch. 1
which if done within Victoria would be in item 68).

contravention of this subdivision—

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.
182 Liability of directors etc. acting without authority 13 No. 6103
s. 182.
Every director manager or officer of a company S. 182
amended by
and every person acting for another who No. 9576
knowingly takes part in or is in any way privy to s. 11(1).
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—

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Part I—Offences

S. 182(a) (a) be liable if a corporation to a level 5 fine and

amended by if any other person to level 5 imprisonment
Nos 9554
s. 2(2)(Sch. 2 (10 years maximum) or a level 5 fine or
item 54), both.
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).

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 184 Protection of witness giving answers criminating

s. 184.
himself 14
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) (a) a witness who in the judgment of the court
amended by
No. 57/1989 answers truly all questions which he is
s. 3(Sch. required by the court to answer shall be
item 42.6).
entitled to receive a certificate from the court
stating that such witness has so answered;
and

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Part I—Offences

(b) an answer by a person to a question put by or S. 184(b)

before the court in any proceeding under this amended by
No. 57/1989
subdivision shall not except in the said s. 3(Sch.
proceeding or in the case of any criminal item 42.6).

proceedings for perjury in respect of such

evidence be in any proceeding civil or
criminal admissible in evidence against him.
185 Stay of proceedings against such witness 15 No. 6103
s. 185.
When a person has received a certificate as S. 185
amended by
aforesaid and any criminal proceeding is at any No. 57/1989
time instituted against him in respect of the s. 3(Sch.
item 42.7).
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.
186 Custom of itself no defence 16 No. 6103
s. 186.
(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. 186(3)
repealed by
No. 7546 s. 5.

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Part I—Offences

S. 186(4) * * * * *
repealed by
No. 9848
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 Fraudulently inducing persons to invest

preceding
s. 187
substituted by
No. 8425
s. 2(1)(e) (as
amended by
No. 9019
s. 2(1)(Sch.
item 257)).

Ss 187–190 * * * * *
repealed by
No. 8425
s. 2(1)(f).

No. 6103 191 Fraudulently inducing persons to invest money

s. 191.

S. 191(1) (1) Any person who, by any statement promise or

amended by
Nos 9576 forecast which he knows to be misleading false or
s. 11(1), deceptive or by any dishonest concealment of
49/1991
s. 119(1) material facts or by the reckless making of any
(Sch. 2 statement promise or forecast which is misleading
item 49),
48/1997 false or deceptive, induces or attempts to induce
s. 60(1)(Sch. 1 another person—
item 69).

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No. 6231 of 1958
Part I—Offences

(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—
shall be guilty of an indictable offence and liable
to level 4 imprisonment (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.
(3) In this section unless inconsistent with the context S. 191(3)
amended by
or subject-matter— No. 6716
s. 2(Sch. 1).
corporation means any body corporate whether
incorporated in Victoria or elsewhere;
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No. 6231 of 1958
Part I—Offences

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. 193 * * * * *
repealed by
No. 9848
s. 18(1).

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No. 6231 of 1958
Part I—Offences

* * * * * Pt 1 Div. 2
Subdiv. (21)
(Heading and
ss 194, 195)
repealed by
No. 8425
s. 2(1)(f).

Pt 1 Div. 2AA
Division 2AA—Identity crime (Heading and
ss 192A–192E)
inserted by
No. 22/2009
s. 3.

192A Definitions S. 192A

inserted by
No. 22/2009
In this Division— s. 3.
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;

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Part I—Offences

(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. 192B 192B Making, using or supplying identification
inserted by
No. 22/2009 information
s. 3.
(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

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Part I—Offences

(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.
192C Possession of identification information S. 192C
inserted by
No. 22/2009
(1) A person, who possesses identification s. 3.
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.
(2) A person may be found guilty of an offence
against this section even if the commission of the
indictable offence is impossible.

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Part I—Offences

(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. 192D 192D Possession of equipment used to make etc.
inserted by
No. 22/2009 identification documentation
s. 3.
(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—
is guilty of an offence and liable to imprisonment
for a term not exceeding 3 years.
(2) A person may be found guilty of an offence
against this section even if the commission of the
indictable offence is impossible.
S. 192E 192E Not an offence to attempt to commit an identity
inserted by
No. 22/2009 crime offence
s. 3.
It is not an offence to attempt to commit an
offence against section 192B, 192C or 192D.

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No. 6231 of 1958
Part I—Offences

Division 2A—Money laundering etc. Pt 1 Div. 2A

(Heading and
ss 193–195A)
inserted by
No. 104/2003
s. 3.

193 Definitions New s. 193

inserted by
No. 104/2003
(1) In this Division— s. 3.
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

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Part I—Offences

(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. 194 194 Dealing with proceeds of crime
inserted by
No. 104/2003
s. 3.
(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.
Penalty: Level 3 imprisonment (20 years
maximum).
(2) A person must not deal with proceeds of crime
knowing that it is proceeds of crime.
Penalty: Level 4 imprisonment (15 years
maximum).
(3) A person must not deal with proceeds of crime
being reckless as to whether or not it is proceeds
of crime.
Penalty: Level 5 imprisonment (10 years
maximum).

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Part I—Offences

(4) A person must not deal with proceeds of crime

being negligent as to whether or not it is proceeds
of crime.
Penalty: Level 6 imprisonment (5 years
maximum).
(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.
195 Dealing with property suspected of being proceeds New s. 195
inserted by
of crime No. 104/2003
s. 3.
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).
195A Dealing with property which subsequently becomes S. 195A
inserted by
an instrument of crime No. 104/2003
s. 3.
(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
(b) the property subsequently becomes an
instrument of crime.

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No. 6231 of 1958
Part I—Offences

(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
(b) the property subsequently becomes an
instrument of crime.
(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 Division 2B—Cheating at gambling
ss 195B–
195F)
inserted by
No. 20/2013
s. 3.

S. 195B 195B Interpretation

inserted by
No. 20/2013
s. 3.
(1) In this Division—
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

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Part I—Offences

(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;

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Part I—Offences

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. 195C 195C Engaging in conduct that corrupts or would corrupt
inserted by
No. 20/2013 a betting outcome of event or event contingency
s. 3.
A person must not engage in conduct that corrupts
or would corrupt a betting outcome of an event or
event contingency—

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Part I—Offences

(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).
195D Facilitating conduct that corrupts or would corrupt S. 195D
inserted by
a betting outcome of event or event contingency No. 20/2013
s. 3.
(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—
(a) knowing that, or being reckless as to
whether, the conduct corrupts or would
corrupt a betting outcome of the event or
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).
(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

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Part I—Offences

(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. 195E 195E Concealing conduct, agreement or arrangement
inserted by
No. 20/2013
s. 3.
(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—
(a) knowing that, or being reckless as to
whether, the conduct 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.
Penalty: level 5 imprisonment (10 years
maximum).
(2) In this section relevant authority means—
S. 195E(2)(a) (a) a police officer; or
substituted by
No. 37/2014
s. 10(Sch.
item 36.8).

(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.

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Part I—Offences

195F Use of corrupt conduct information for betting S. 195F

purposes inserted by
No. 20/2013
(1) A person who— s. 3.

(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.
Penalty: level 5 imprisonment (10 years
maximum).
(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.

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Part I—Offences

Pt 1 Div. 3 Division 3—Criminal damage to property

(Heading)
repealed by
No. 9228
s. 2(1)(c),
new Pt 1
Div. 3
(Heading)
inserted by
No. 9228
s. 2(1)(d).

Pt 1 Div. 3 (1) General offences and procedural provisions

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).

S. 196 196 Definition

repealed by
No. 9228
s. 2(1)(c),
(1) In this subdivision—
new s. 196
inserted by property means property of a tangible nature,
No. 9228 whether real or personal, including money
s. 2(1)(d).
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;

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Part I—Offences

(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.
197 Destroying or damaging property S. 197
repealed by
No. 9228
s. 2(1)(c),
new s. 197
inserted by
No. 9228
s. 2(1)(d).

(1) A person who intentionally and without lawful S. 197(1)

amended by
excuse destroys or damages any property Nos 49/1991
belonging to another or to himself and another s. 119(1)
(Sch. 2
shall be guilty of an indictable offence and liable item 50(a)),
to level 5 imprisonment (10 years maximum). 48/1997
s. 60(1)(Sch. 1
item 70(a)).

(2) A person who intentionally and without lawful S. 197(2)

amended by
excuse destroys or damages any property, Nos 49/1991
intending by the destruction or damage to s. 119(1)
(Sch. 2
endanger the life of another, shall be guilty of an item 50(b)),
indictable offence and liable to level 4 48/1997
s. 60(1)(Sch. 1
imprisonment (15 years maximum). item 70(b)).

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Part I—Offences

S. 197(3) (3) A person who dishonestly, with a view to gain for

amended by himself or another, destroys or damages any
Nos 49/1991
s. 119(1) property shall be guilty of an indictable offence
(Sch. 2 and liable to level 5 imprisonment (10 years
item 49),
48/1997 maximum).
s. 60(1)(Sch. 1
item 70(c)).

(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) (7) A person guilty of arson is liable to level 4
inserted by
No. 95/1994 imprisonment (15 years maximum) despite
s. 4, anything to the contrary in this section.
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 70(b)).

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Part I—Offences

197A Arson causing death S. 197A

inserted by
A person who commits arson as defined in No. 48/1997
section 197 and thereby causes the death of s. 55.

another person is guilty of an indictable offence.

Penalty: Level 2 imprisonment (25 years
maximum).
198 Threats to destroy or damage property S. 198
repealed by
No. 9228
A person who without lawful excuse makes to s. 2(1)(c),
another a threat— new s. 198
inserted by
(a) to destroy or damage any property belonging No. 9228
s. 2(1)(d),
to that other or a third person or to himself amended by
and that other or a third person; or Nos 49/1991
s. 119(1)
(b) to destroy or damage his own property in a (Sch. 2
item 51),
way which he knows or believes is more 48/1997
likely than not to endanger the life of that s. 60(1)(Sch. 1
item 71).
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
level 6 imprisonment (5 years maximum).
199 Possessing anything with intent to destroy or S. 199
repealed by
damage property No. 9228
s. 2(1)(c),
A person who has anything in his custody or new s. 199
inserted by
under his control— No. 9228
s. 2(1)(d),
(a) with the purpose of using it, or causing or amended by
permitting another to use it, without lawful Nos 49/1991
s. 119(1)
excuse— (Sch. 2
item 52),
(i) to destroy or damage any property 48/1997
belonging to some other person or to s. 60(1)(Sch. 1
item 72).
himself, the user or both of them and
some other person; or

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Part I—Offences

(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—
shall be guilty of an indictable offence and liable
to level 6 imprisonment (5 years maximum).
S. 200 * * * * *
repealed by
No. 9228
s. 2(1)(c),
new s. 200
inserted by
No. 9228
s. 2(1)(d),
repealed by
No. 9576
s. 11(1).

S. 201 201 Lawful excuse

repealed by
No. 9228
s. 2(1)(c),
(1) This section applies to any offence under
new s. 201 section 197(1), 198(a) or 199(a)(i).
inserted by
No. 9228 (2) A person charged with an offence to which this
s. 2(1)(d).
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

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Part I—Offences

(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.

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Part I—Offences

S. 201A 201A Intentionally or recklessly causing a bushfire

inserted by
No. 10/2003 (1) A person who—
s. 4.
(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—
is guilty of an offence and liable to level 4
imprisonment (15 years 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.

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No. 6231 of 1958
Part I—Offences

(4) In this section—

(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.
202 Jurisdiction of magistrates' courts S. 202
repealed by
No. 9228
No rule of law ousting the jurisdiction of the s. 2(1)(c),
Magistrates' Court to try offences where a dispute new s. 202
inserted by
of title to property is involved shall preclude the No. 9228
Magistrates' Court from trying offences mentioned s. 2(1)(d),
amended by
in this subdivision or from trying any other No. 57/1989
offences of destroying or damaging property. s. 3(Sch. item
42.9(a)–(c)).

* * * * * S. 203
repealed by
No. 9228
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).

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 Crimes Act 1958
No. 6231 of 1958
Part I—Offences

Pt 1 Div. 3 * * * * *
Subdiv. (2)
(Heading and
ss 204, 205)
repealed by
No. 9228
s. 2(1)(c).

Pt 1 Div. 3 * * * * *
Subdiv. (3)
(Heading)
repealed by
No. 9228
s. 2(1)(c).

New Pt 1 (2) Injuries to buildings &c. by rioters and forcible entries and
Div. 3
Subdiv. (2) detainers
(Heading)
inserted by
No. 9228
s. 2(1)(e).

No. 6103
s. 206.
206 Rioters demolishing buildings 17

S. 206(1) (1) Whosoever is one of any persons riotously and

amended by
Nos 9576 tumultuously assembled together to the
s. 11(1), disturbance of the public peace who unlawfully
12/1989
s. 4(1)(Sch. 2 and with force demolish or pull down or destroy
item 20.1) (as or begin to demolish pull down or destroy any
amended by
No. 13/1990 church chapel meeting-house or other place of
s. 38(1)(h)), divine worship, or any house stable coach-house
49/1991
s. 119(1) outhouse warehouse office shop mill malthouse
(Sch. 2 hop-oast barn granary shed hovel or fold, or any
item 53),
48/1997 building or erection used in farming land or in
s. 60(1)(Sch. 1 carrying on any trade or manufacture or any
item 73(a)).
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

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No. 6231 of 1958
Part I—Offences

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
level 4 imprisonment (15 years maximum).
(2) Whosoever is one of any persons riotously and S. 206(2)
amended by
tumultuously assembled together to the Nos 9576
disturbance of the public peace who unlawfully s. 11(1),
49/1991
and with force injure or damage any such place s. 119(1)
building or erection or thing as is in the last (Sch. 2
item 51),
subsection mentioned, shall be guilty of an 48/1997
indictable offence, and shall be liable to level 6 s. 60(1)(Sch. 1
item 73(b)).
imprisonment (5 years maximum).
207 Forcible entry No. 6103
s. 207.

* * * * * S. 207(1)
repealed by
No. 44/1997
s. 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.

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Part I—Offences

S. 207(3) (3) Every person who is guilty of a contravention of

amended by this section shall be guilty of a summary offence
Nos 9554
s. 2(2)(Sch. 2 and liable to level 8 imprisonment (1 year
item 55), 9576 maximum) or a level 10 fine or both.
s. 11(1),
49/1991
s. 119(1)
(Sch. 2
item 54),
48/1997
s. 60(1)(Sch. 1
item 74(a)(b)).

Pt 1 Div. 3 * * * * *
Subdivs (4)(5)
(Headings
and
ss 208–210)
repealed by
No. 9228
s. 2(1)(c).

Pt 1 Div. 3 * * * * *
Subdivs (6)(7)
(Headings
and
ss 211–222)
amended by
No. 7876
s. 2(3),
repealed by
No. 9228
s. 2(1)(c).

Pt 1 Div. 3 * * * * *
Subdiv. (8)
(Heading and
ss 223, 224)
repealed by
No. 9228
s. 2(1)(c).

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Part I—Offences

(3) Interference with mines, sea banks &c., railways and New Pt 1
navigation aids Div. 3
Subdiv. (3)
(Heading)
inserted by
No. 9228
s. 2(1)(f).

225 Conveying water into a mine No. 6103

s. 225.
Whosoever unlawfully and maliciously causes any S. 225
amended by
water to be conveyed or run into any mine or into Nos 9576
any subterraneous passage communicating s. 11(1),
49/1991
therewith with intent thereby to destroy or damage s. 119(1)
such mine or to hinder or delay the working (Sch. 2
item 55),
thereof, or with the like intent unlawfully and 48/1997
maliciously pulls down fills up or obstructs or s. 60(1)(Sch. 1
item 75).
damages with intent to destroy obstruct or render
useless any airway waterway drain pit level shaft
or drive of or belonging to any mine, shall be
guilty of an indictable offence, and shall be liable
to level 6 imprisonment (5 years maximum).
This provision shall not extend to any damage
committed underground by any owner of any
adjoining mine in working the same or by any
person duly employed in such working.
* * * * * S. 226
repealed by
No. 9228
s. 2(1)(c).

* * * * * Pt 1 Div. 3
Subdiv. (9)
(Heading and
s. 227)
repealed by
No. 9228
s. 2(1)(c).

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No. 6231 of 1958
Part I—Offences

No. 6103 228 Removing etc. piles of sea banks

s. 228.
S. 228 Whosoever unlawfully and maliciously cuts off
amended by draws up or removes any piles chalk or other
Nos 9576
s. 11(1), materials fixed in the ground and used for
49/1991 securing any sea bank or sea wall or the bank dam
s. 119(1)
(Sch. 2 or wall of any river canal drain aqueduct marsh
item 53), reservoir pool port harbor dock quay wharf jetty
48/1997
s. 60(1)(Sch. 1 or lock, or unlawfully and maliciously opens or
item 75). draws up any floodgate or sluice or does any other
injury or mischief to any navigable river or canal
with intent to obstruct or prevent the carrying on
completing or maintaining the navigation thereof,
shall be guilty of an indictable offence, and shall
be liable to level 6 imprisonment (5 years
maximum).
Pt 1 Div. 3 * * * * *
Subdivs
(10)(11)
(Headings
and
ss 229–231)
repealed by
No. 9228
s. 2(1)(c).

Pt 1 Div. 3 * * * * *
Subdiv. (12)
(Heading)
repealed by
No. 9228
s. 2(1)(c).

No. 6103 232 Placing things on railways to obstruct or overturn

s. 232.
S. 232 engine etc. 18
amended by
Nos 9576 Whosoever unlawfully and maliciously puts
s. 11(1), places casts or throws upon or across any railway
49/1991
s. 119(1) any wood stone or other matter or thing, or
(Sch. 2 unlawfully and maliciously takes up removes or
item 53),
48/1997 displaces any rail sleeper or other thing belonging
s. 60(1)(Sch. 1 to any railway, or unlawfully and maliciously
item 76).
turns moves or diverts any points or other
machinery belonging to any railway, or

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No. 6231 of 1958
Part I—Offences

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).
233 Obstructing engine, carriage etc. on railway 19 No. 6103
s. 233.
Whosoever by any unlawful act or by any wilful S. 233
amended by
omission or neglect obstructs or causes to be Nos 9576
obstructed any engine or carriage on any railway, s. 11(1),
49/1991
or aids or assists therein, shall be guilty of a s. 119(1)
summary offence, and shall be liable to level 7 (Sch. 2
item 56),
imprisonment (2 years maximum). 48/1997
s. 60(1)(Sch. 1
item 77(a)(b)).

* * * * * S. 234
repealed by
No. 9228
s. 2(1)(c).

* * * * * S. 235
amended by
Nos 7876
s. 2(3), 8247
s. 4,
repealed by
No. 9228
s. 2(1)(c).

* * * * * Pt 1 Div. 3
Subdiv. (13)
(Heading and
s. 236)
repealed by
No. 9228
s. 2(1)(c).

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Part I—Offences

Pt 1 Div. 3 * * * * *
Subdiv. (14)
(Heading and
ss 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).

Pt 1 Div. 3 * * * * *
Subdiv. (15)
(Heading and
ss 239–243)
repealed by
No. 9228
s. 2(1)(c).

No. 6103 244 Altering signals or exhibiting false ones

s. 244.
S. 244 Whosoever unlawfully masks alters or removes
amended by
Nos 9576 any light or signal or exhibits any false light or
s. 11(1), signal with intent to bring any ship vessel or boat
49/1991
s. 119(1) into danger, or unlawfully and maliciously does
(Sch. 2 anything tending to the immediate loss or
item 53),
48/1997 destruction of any ship vessel or boat and for
s. 60(1)(Sch. 1 which no punishment is hereinbefore provided,
item 76).
shall be guilty of an indictable offence, and shall
be liable to level 5 imprisonment (10 years
maximum).
No. 6103 245 Removing buoy etc.
s. 245.
S. 245 Whosoever unlawfully and maliciously cuts away
amended by
Nos 8181 casts adrift removes alters defaces sinks or
s. 2(1) destroys or in any other manner injures or
(Sch. item 36),
9576 s. 11(1), conceals, or unlawfully and maliciously does any
49/1991 act with intent to cut away cast adrift remove alter
s. 119(1)
(Sch. 2 deface sink destroy, or in any other manner injure
item 52), or conceal, any boat buoy rope perch or mark used
48/1997
s. 60(1)(Sch. 1 or intended for the guidance of seamen or the
item 78). purpose of navigation, shall be guilty of an
indictable offence, and shall be liable to level 6
imprisonment (5 years maximum).

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Part I—Offences

* * * * * S. 246
repealed by
No. 9228
s. 2(1)(c).

* * * * * Pt 1 Div. 3
Subdiv. (15A)
(Heading)
inserted by
No. 7088
s. 2(d),
repealed by
No. 9228
s. 2(1)(c).

(4) Injuries to aircraft New Pt 1

Div. 3
Subdiv. (4)
(Heading)
inserted by
No. 9228
s. 2(1)(g).

246A Endangering safe operation of an aircraft S. 246A

inserted by
No. 7088
Any person who does any act or thing with intent s. 2(d),
to prejudice the safe operation of an aircraft shall amended by
Nos 9576
be guilty of an indictable offence and liable to s. 11(1),
level 4 imprisonment (15 years maximum). 49/1991
s. 119(1)
(Sch. 2
item 49),
48/1997
s. 60(1)(Sch. 1
item 79).

246B Setting fire etc. to aircraft S. 246B

inserted by
No. 7088
Any person who unlawfully and maliciously sets s. 2(d),
fire to or in any way destroys any aircraft whether amended by
Nos 9576
complete or incomplete shall be guilty of an s. 11(1),
indictable offence and shall be liable to level 4 49/1991
s. 119(1)
imprisonment (15 years maximum). (Sch. 2
item 53),
48/1997
s. 60(1)(Sch. 1
item 80).

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Part I—Offences

S. 246C 246C Endangering safety of aircraft

inserted by
No. 7088 Any person who while on board an aircraft does
s. 2(d), any act or thing that is likely to endanger the
amended by
Nos 9576 safety of the aircraft shall be guilty of an
s. 11(1), indictable offence and shall be liable to level 5
49/1991
s. 119(1) imprisonment (10 years maximum).
(Sch. 2
item 57),
48/1997
s. 60(1)(Sch. 1
item 81).

S. 246D 246D Dangerous goods on aircraft

inserted by
No. 7088
s. 2(d).

S. 246D(1) (1) Subject to this section any person who—

amended by
Nos 9576
s. 11(1),
(a) carries or places dangerous goods on board
49/1991 an aircraft;
s. 119(1)
(Sch. 2 (b) delivers dangerous goods to a person for the
item 57),
48/1997 purpose of their being placed on board an
s. 60(1)(Sch. 1 aircraft; or
item 82).
(c) has dangerous goods in his possession on
board an aircraft—
shall be guilty of an indictable offence and shall
be liable to level 6 imprisonment (5 years
maximum).
(2) This section does not apply—
(a) to or in relation to any act done with the
consent of the owner or operator of the
aircraft given with a knowledge of the nature
of the goods concerned; or
(b) to or in relation to the carrying or placing of
firearms or ammunition for firearms on
board an aircraft with permission granted
under the Air Navigation Regulations of the
Commonwealth.

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Part I—Offences

(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.
246E Threats to safety of aircraft S. 246E
inserted by
No. 7088
Any person who threatens, states that it is his s. 2(d),
intention, or makes a statement from which it amended by
Nos 9576
could reasonably be inferred that it is his intention s. 11(1),
to destroy damage or endanger the safety of an 49/1991
s. 119(1)
aircraft or to kill or injure all or any of the persons (Sch. 2
on board an aircraft shall be guilty of an indictable item 57),
48/1997
offence and liable to level 6 imprisonment s. 60(1)(Sch. 1
(5 years maximum). item 82).

* * * * * 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).

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Part I—Offences

Pt 1 Div. 3 (5) False statements

Subdiv. (5)
(Heading)
inserted by
No. 9228
s. 2(1)(h) (as
amended by
No. 9427
s. 6(1)).

S. 247 247 False statements

repealed by
No. 9228
s. 2(1)(c),
Any person who makes a statement or conveys
new s. 247 information, being a statement or information that
inserted by
No. 9228
he knows to be false, to the effect or from which it
s. 2(1)(h) (as could reasonably be inferred that there has been or
amended by
No. 9427
is to be a plan, proposal, attempt, conspiracy or
s. 6(1)), threat to—
amended by
Nos 9576 (a) take or exercise control by force or violence
s. 11(1),
49/1991 of any building (including any structure in
s. 119(1) the nature of a building or any bridge or
(Sch. 2
item 56), mine) aircraft, vessel, motor vehicle or
48/1997 engine or carriage used upon a railway;
s. 60(1)(Sch. 1
item 83). (b) destroy, damage or endanger the safety
thereof; or
(c) kill or injure all or any of the persons therein
or thereon—
shall be guilty of an indictable offence and shall
be liable to level 6 imprisonment (5 years
maximum).

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Part I—Offences

(6) Computer offences Pt 1 Div. 3

Subdiv. (6)
(Heading and
ss 247A–247I)
inserted by
No. 10/2003
s. 5.

247A Interpretation S. 247A

inserted by
No. 10/2003
(1) In this Subdivision— s. 5.
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;

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Part I—Offences

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

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Part I—Offences

(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.
247B Unauthorised access, modification or impairment S. 247B
inserted by
with intent to commit serious offence No. 10/2003
s. 5.
(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.

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Part I—Offences

(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. 247C 247C Unauthorised modification of data to cause
inserted by
No. 10/2003 impairment
s. 5.
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—
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).

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Part I—Offences

247D Unauthorised impairment of electronic S. 247D

communication inserted by
No. 10/2003
A person who— s. 5.

(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—
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).
247E Possession of data with intent to commit serious S. 247E
inserted by
computer offence No. 10/2003
s. 5.
(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)—
is guilty of an offence and liable to imprisonment
for a term not exceeding 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

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Part I—Offences

(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).
(3) A person may be found guilty of an offence
against this section even if committing the serious
computer offence is impossible.
(4) It is not an offence to attempt to commit an
offence against this section.
S. 247F 247F Producing, supplying or obtaining data with intent
inserted by
No. 10/2003 to commit serious computer offence
s. 5.
(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)—
is guilty of an offence and liable to imprisonment
for a term not exceeding 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.
(3) A person may be found guilty of an offence
against this section even if committing the serious
computer offence is impossible.

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Part I—Offences

247G Unauthorised access to or modification of restricted S. 247G

data inserted by
No. 10/2003
(1) A person who— s. 5.

(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—
is guilty of an offence and liable to level 7
imprisonment (2 years 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.
247H Unauthorised impairment of data held in computer S. 247H
inserted by
disk, credit card or other device No. 10/2003
s. 5.
(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—
is guilty of an offence and liable to level 7
imprisonment (2 years maximum).
(2) An offence against this section is a summary
offence.

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Part I—Offences

(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. 247I 247I Extra-territorial operation of offences
inserted by
No. 10/2003
s. 5.
(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.
Pt 1 Div. 3 (7) Sabotage
Subdiv. (7)
(Heading and
ss 247J–247L)
inserted by
No. 10/2003
s. 6.

S. 247J 247J Interpretation

inserted by
No. 10/2003
s. 6.
(1) In this Subdivision—
property offence means—
(a) an offence against Subdivision (1) of
this Division or Division 4; or
(b) conduct in another jurisdiction that is
an offence in that jurisdiction and that
would constitute an offence against
Subdivision (1) of this Division or
Division 4 if the conduct occurred in
Victoria;

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No. 6231 of 1958
Part I—Offences

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.

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No. 6231 of 1958
Part I—Offences

S. 247K 247K Sabotage

inserted by
No. 10/2003 A person who—
s. 6.
(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—
is guilty of an offence and liable to level 2
imprisonment (25 years maximum).
S. 247L 247L Threats to sabotage
inserted by
No. 10/2003
s. 6.
(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—
is guilty of an offence and liable to level 4
imprisonment (15 years maximum).

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Part I—Offences

(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.
(3) For the purposes of this section—
(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.
* * * * * Pt 1 Div. 3
Subdiv. (16)
(Heading and
s. 247)
repealed by
No. 9228
s. 2(1)(c).

* * * * * Pt 1 Div. 3
Subdiv. (17)
(Heading and
s. 248)
amended by
No. 8870 s. 3,
repealed by
No. 9228
s. 2(1)(c).

* * * * * Pt 1 Div. 3
Subdivs
(18)(19)
(Headings
and
ss 249–251)
repealed by
No. 9228
s. 2(1)(c).

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No. 6231 of 1958
Part I—Offences

Pt 1 Div. 4 Division 4—Contamination of goods

(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.

New s. 248 248 Interpretation

inserted by
No. 95/1994
s. 5,
(1) In this Division—
amended by
Nos 48/1997 contaminate, in relation to goods, includes—
s. 60(1)(Sch. 1
item 84), (a) interfere with the goods; or
69/1997
s. 22(6), (b) making it appear that the goods have
substituted by
No. 65/1998
been contaminated or interfered with;
s. 5.
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.

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No. 6231 of 1958
Part I—Offences

(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.
249 Contaminating goods with intent to cause, or being S. 249
(Heading)
reckless as to whether it would cause, public alarm inserted by
or economic loss No. 66/2005
s. 3(1).
A person must not contaminate goods with the New s. 249
inserted by
intention of causing, or being reckless as to No. 65/1998
whether or not the contamination would cause— s. 5,
amended by
No. 66/2005
s. 3(2)(a).

(a) public alarm or anxiety; or S. 249(a)

amended by
No. 66/2005
s. 3(2)(b).

(b) economic loss through public awareness of S. 249(b)

amended by
the contamination. No. 66/2005
s. 3(2)(b).

Penalty: Level 5 imprisonment (10 years

maximum) or a level 5 fine
(1200 penalty units maximum) or both.
Note Note to s. 249
inserted by
Division 2B of Part 4 of the Sentencing Act 1991 provides for the No. 80/2001
making of cost recovery orders in respect of costs incurred by s. 7(1).
emergency service agencies in providing an immediate response to
an emergency arising out of the commission of an offence against
this section

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No. 6231 of 1958
Part I—Offences

S. 250 250 Threatening to contaminate goods with intent to

(Heading) cause, or being reckless as to whether it would
inserted by
No. 66/2005 cause, public alarm or economic loss
s. 4(1).
New s. 250
inserted by
No. 65/1998
s. 5.

S. 250(1) (1) A person must not make a threat that goods will
amended by
No. 66/2005 be contaminated with the intention of causing, or
s. 4(2)(a). being reckless as to whether or not the threat
would cause—
S. 250(1)(a) (a) public alarm or anxiety; or
amended by
No. 66/2005
s. 4(2)(b).

S. 250(1)(b) (b) economic loss through public awareness of

amended by
No. 66/2005 the threat.
s. 4(2)(a)(b).

Penalty: Level 5 imprisonment (10 years

maximum) or a level 5 fine
(1200 penalty units maximum) or both.
(2) For the purposes of this section, a threat may be
made by any conduct, and may be explicit or
implicit and conditional or unconditional.
Note to s. 250 Note
inserted by
No. 80/2001 Division 2B of Part 4 of the Sentencing Act 1991 provides for the
s. 7(2). 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.

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Part I—Offences

251 Making false statements concerning contamination S. 251

of goods with intent to cause, or being reckless as to (Heading)
inserted by
whether it would cause, public alarm or economic No. 66/2005
loss s. 5(1).
New s. 251
(1) A person must not make a statement that the inserted by
No. 65/1998
person believes to be false— s. 5.
(a) with the intention of inducing the person to
whom the statement is made or others to
believe that goods have been contaminated;
and
(b) with the intention of thereby causing, or S. 251(1)(b)
amended by
being reckless as to whether or not the No. 66/2005
statement would cause— s. 5(2)(a).

(i) public alarm or anxiety; or S. 251(1)(b)(i)

amended by
No. 66/2005
s. 5(2)(b).

(ii) economic loss through public S. 251(1)(b)(ii)

amended by
awareness of the statement. No. 66/2005
s. 5(2)(b)(c).

Penalty: Level 5 imprisonment (10 years

maximum) or a level 5 fine
(1200 penalty units maximum) or both.
(2) For the purposes of this section, making a
statement includes conveying information by any
means.
Note Note to s. 251
inserted by
Division 2B of Part 4 of the Sentencing Act 1991 provides for the No. 80/2001
making of cost recovery orders in respect of costs incurred by s. 7(3).
emergency service agencies in providing an immediate response to
an emergency arising out of the commission of an offence against
this section.

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New s. 252 252 Territorial nexus for offences

inserted by
No. 65/1998 It is immaterial that the conduct of a person
s. 5, constituting an offence under this Division
amended by
No. 66/2005 occurred outside Victoria, so long as the person
s. 6(a). intended by that conduct to cause, or was reckless
as to whether or not that conduct would cause—
S. 252(a) (a) public alarm or anxiety in Victoria; or
amended by
No. 66/2005
s. 6(b).

S. 252(b) (b) economic loss in Victoria through public

amended by
No. 66/2005 awareness of the contamination.
s. 6(b).

Pt 1 Div. 5
(Heading and Division 5—Destruction of evidence
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.

New s. 253 253 Definitions

inserted by
No. 6/2006
s. 3.
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

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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;
legal proceeding has the same meaning as in the S. 253 def. of
legal
Evidence (Miscellaneous Provisions) Act proceeding
1958; amended by
No. 69/2009
s. 39.

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.

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New s. 254 254 Destruction of evidence

inserted by
No. 6/2006 (1) A person who—
s. 3.
(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 1 Document is defined in the Evidence Act 2008.
s. 254(1)
substituted by
No. 69/2009
s. 40.

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.

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255 Corporate criminal responsibility for offence New s. 255

against section 254 inserted by
No. 6/2006
(1) For the purposes of a proceeding against a body s. 3.

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.

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(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.

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(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
Division 5A—Intimidation and reprisals (Heading
relating to witnesses, etc. and new
ss 256, 257)
inserted by
No. 34/2016
s. 40.

256 Interpretation New s. 256

inserted by
No. 34/2016
(1) For the purposes of this Division, a person is s. 40.
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.
(3) In this Division—
detriment, to a person, includes—
(a) loss or damage to a person's property or
business;

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(b) discrimination, disadvantage or adverse

treatment in relation to a person's
employment, career, business, trade,
profession or enterprise.
New s. 257 257 Intimidation or reprisals relating to involvement
inserted by
No. 34/2016 in criminal investigation or criminal proceeding
s. 40.
(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.
Penalty: Level 5 imprisonment (10 years
maximum).
(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

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(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.
(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—
(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 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.

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(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 314 Perjury
s. 314.

S. 314(1) (1) Whosoever commits wilful and corrupt perjury or

amended by
Nos 49/1991 subornation of perjury shall be liable to level 4
s. 119(1) imprisonment (15 years maximum).
(Sch. 2
item 59),
48/1997
s. 60(1)(Sch. 1
item 85).

(2) Where in any Act it is provided that any person

shall be liable to the penalties of perjury or shall
be guilty of perjury or shall be deemed to have
committed perjury or any similar expression is
used such person shall be deemed to have
committed an offence against subsection (1) and

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may be proceeded against tried and punished

accordingly.
(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 declaration or affidavit of some
or any person, any person who in any such case
takes or makes any oath affirmation or declaration
so required or authorized and who knowingly
wilfully and corruptly upon such oath affirmation
or declaration deposes swears to or makes any
false statement as to any such fact matter or thing,
and any person who knowingly wilfully and
corruptly upon oath 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
declaration or affidavit as to any such fact matter
or thing, such statement affirmation declaration or
affidavit being untrue wholly or in part, or who
knowingly wilfully and corruptly omits from any
such affirmation declaration 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 declaration 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.
315 All evidence material with respect to perjury No. 6103
s. 315.
All evidence and proof whatsoever, whether given
or made orally or by or in any affidavit
examination declaration or deposition, shall be
deemed and taken to be material with respect to
the liability of any person to be proceeded against

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and punished for perjury or subornation of

perjury.

Division 7—Unlawful oaths

No. 6103 316 Unlawful oaths to commit treason, murder etc.
s. 316.

S. 316(1) (1) Every person who—

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)).

S. 316(1)(a) (a) administers or is present at and consents to

amended by
No. 9019 the administering of any oath or engagement
s. 2(1)(Sch. in the nature of an oath purporting to bind
item 38).
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 imprisonment (10 years
maximum).
S. 316(2) (2) Every person who—
amended by
Nos 9576
s. 11(1),
(a) administers or is present at and consents to
49/1991 the administering of any oath or engagement
s. 119(1)
(Sch. 2
in the nature of an oath purporting to bind
item 52), the person who takes it to act in any of the
48/1997
s. 60(1)(Sch. 1
ways following (that is to say):—
item 86(b)).
(i) to engage in any mutinous or seditious
enterprise;

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(ii) to commit any indictable offence other S. 316(2)(a)(ii)

than treason or murder; amended by
No. 9019
s. 2(1)(Sch.
item 39).

(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 imprisonment (5 years
maximum).

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S. 316(3) (3) A person who takes any such oath or engagement

amended by as is mentioned in the last two preceding
Nos 57/1989
s. 3(Sch. subsections cannot set up as a defence that he was
item 42.14), compelled to do so unless within fourteen days
68/2009
s. 97(Sch. after taking it or if he is prevented by actual force
item 40.10). 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) (4) A person who has been tried and convicted or
amended by
No. 57/1989 acquitted on a charge of any of the offences
s. 3(Sch. mentioned in this section shall not be afterwards
item 42.15).
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 20
No. 6103 317 Offences connected with explosive substances
s. 317.
(1) In this Division unless inconsistent with the
context or subject-matter—
S. 317(1) explosive substance includes—
def. of
explosive
substance
(a) any material for making any explosive
amended by substance;
No. 25/2009
s. 4(1)(a).

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Part I—Offences

(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;
public place has the same meaning as it has in S. 317(1)
def. of
section 3 of the Summary Offences Act public place
1966; inserted by
No. 25/2009
s. 4(1)(b).

vehicle includes motor vehicle, aircraft and vessel. S. 317(1)

def. of
vehicle
inserted by
No. 25/2009
s. 4(1)(b).

(2) Any person who unlawfully and maliciously S. 317(2)

amended by
causes by any explosive substance an explosion of Nos 9576
a nature likely to endanger life or to cause serious s. 11(1),
49/1991
injury to property shall, whether any injury to s. 119(1)
person or property has been actually caused or (Sch. 2
item 59),
not, be guilty of an indictable offence, and shall be 48/1997
liable to level 4 imprisonment (15 years s. 60(1)(Sch. 1
item 87(a)).
maximum).
(3) Any person who unlawfully and maliciously— S. 317(3)
amended by
Nos 9576
(a) does any act with intent to cause by an s. 11(1),
explosive substance or conspires to cause by 101/1986 s. 56,
49/1991
an explosive substance an explosion of a s. 119(1)
nature likely to endanger life or to cause (Sch. 2
item 60(a)),
serious injury to property; or 48/1997
s. 60(1)(Sch. 1
(b) makes or has in his possession or under his item 87(b)).
control any explosive substance with intent
by means thereof to endanger life or cause
serious injury to property or to enable any

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other person by means thereof to endanger

life or cause serious injury to property—
shall, whether any explosion does or does not take
place and whether any injury to person or property
has been actually caused or not, be guilty of an
indictable offence, and shall be liable to level 5
imprisonment (10 years maximum).
S. 317(4) (4) Any person who makes or knowingly has in his
amended by
Nos 9576 possession or under his control any explosive
s. 11(1), substance, under such circumstances as to give
101/1986 s. 56,
49/1991 rise to a reasonable suspicion that he is not
s. 119(1) making it or does not have it in his possession or
(Sch. 2
item 60(b)), under his control for a lawful object shall, unless
48/1997 he can show that he made it or had it in his
s. 60(1)(Sch. 1
item 87(c)). possession or under his control for a lawful object,
be guilty of an indictable offence, and shall be
liable to level 6 imprisonment (5 years
maximum).
S. 317(5) * * * * *
amended by
No. 9576
s. 11(1),
repealed by
No. 63/2014
s. 7(5).

S. 317(6) * * * * *
repealed by
No. 9848
s. 18(1).

S. 317(7) (7) In any indictment the same criminal act may be

amended by
Nos 25/1989 charged in different charges as constituting
s. 19(a), different crimes under this Division, and upon the
35/1996
s. 453(Sch. 1 trial of any such indictment the prosecution shall
item 16.1 not be put to its election as to the charge on which
(a)–(c)),
68/2009 it must proceed.
s. 97(Sch.
item 40.11).

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(8) This Division shall not exempt any person from S. 317(8)
any indictment or proceeding for a crime or amended by
No. 68/2009
offence which is punishable at common law or by s. 97(Sch.
any enactment other than this Division but no item 40.12).

person shall be punished twice for the same

criminal act.
(9) (a) If a magistrate is satisfied by the evidence on S. 317(9)(a)
amended by
oath or by affidavit of any police officer Nos 8179 s. 4,
above the rank of senior sergeant authorized 57/1989
s. 3(Sch.
in writing by the Chief Commissioner of item 42.16(a)),
Police (whether generally or in any particular 25/2009
s. 4(2),
case) in that behalf that there is reasonable 37/2014
ground for suspecting that an offence under s. 10(Sch.
item 36.9).
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.
(b) The police officer making the search may S. 317(9)(b)
amended by
arrest without warrant any person found on Nos 25/2009
the premises or on or in the vehicle in the s. 4(3),
37/2014
public place whom he has reason to believe s. 10(Sch.
to be guilty of an offence under this item 36.9).

Division.

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S. 317(9)(c) (c) Save as aforesaid the rules to be observed

amended by with regard to search warrants mentioned in
Nos 8731
s. 173, 57/1989 the Magistrates' Court Act 1989 shall
s. 3(Sch. extend and apply to warrants under this
item 42.16(b)).
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 21.
S. 317A 317A Bomb hoaxes
inserted by
No. 95/1994
s. 6.

S. 317A(1) (1) A person must not—

amended by
Nos 48/1997
s. 60(1)(Sch. 1
(a) place an article or substance in any place; or
item 88),
69/1997
s. 22(7).

(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.
Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or both.
S. 317A(2) (2) A person must not, whether within or outside
amended by
Nos 48/1997 Victoria, make a statement or convey information
s. 60(1)(Sch. 1 to another person which the person making the
item 88),
69/1997 statement or conveying the information knows or
s. 22(7). 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

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Part I—Offences

discharge a dangerous or deleterious matter is

present in any place in Victoria.
Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or both.
(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 Note to
s. 317A
Division 2B of Part 4 of the Sentencing Act 1991 provides for the inserted by
making of cost recovery orders in respect of costs incurred by No. 80/2001
s. 7(4)
emergency service agencies in providing an immediate response to
an emergency arising out of the commission of an offence against
this section.

Pt 1 Div. 9
Division 9—Driving offences connected with (Heading)
motor vehicles amended by
No. 127/1986
s. 102(Sch. 4
item 5.3).

317B Interpretation S. 317B

inserted by
No. 93/2009
(1) In this Division— s. 44.
drive, in relation to a motor vehicle, includes
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

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(c) substantially change the movement or

direction of the vessel;
S. 317B(1) vessel has the same meaning as in the Marine
def. of vessel
amended by Safety Act 2010.
No. 65/2010
s. 420(Sch. 3
item 3).

(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. 318 318 Culpable driving causing death
amended by
Nos 6762
s. 13(a)(b),
7184 s. 3, 7407
s. 2(a)(b),
substituted by
No. 7645 s. 3.

S. 318(1) (1) Any person who by the culpable driving of a

amended by
Nos 9554 motor vehicle causes the death of another person
s. 2(2)(Sch. 2 shall be guilty of an indictable offence and shall
item 58), 9576
s. 11(1), be liable to level 3 imprisonment (20 years
111/1986 maximum) or a level 3 fine or both.
s. 180(2)
(Sch. 2
item 5),
127/1986
s. 102(Sch. 4
item 5.4),
49/1991
s. 119(1)
(Sch. 2
item 61),
13/1992
s. 3(1),
48/1997
s. 60(1)(Sch. 1
item 89).

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Part I—Offences

(1A) The baseline sentence for an offence under S. 318(1A)

subsection (1) is 9 years. inserted by
No. 52/2014
Note s. 16.

See section 5A of the Sentencing Act 1991 as to baseline

sentences.
(2) For the purposes of subsection (1) a person drives S. 318(2)
amended by
a motor vehicle culpably if he drives the motor No. 127/1986
vehicle— s. 102(Sch. 4
item 5.4).
(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.
(2A) Without limiting subsection (2)(b), negligence S. 318(2A)
inserted by
within the meaning of that subsection may be No. 59/2004
established by proving that— s. 5.

(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

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Part I—Offences

(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) (3) An indictment for an indictable offence under this
amended by
Nos 9576 section shall specify which form of culpability
s. 11(1), within the meaning of subsection (2) is charged
68/2009
s. 97(Sch. but evidence of the whole of the circumstances
item 40.13). shall be admissible on the trial on the indictment.
S. 318(4) (4) A person who is convicted or acquitted of an
amended by
No. 9576 indictable offence under this section shall not in
s. 11(1). respect of the death concerned subsequently be
prosecuted for unlawful homicide or under this
section.
S. 318(5) (5) A person who is convicted or acquitted of any
amended by
Nos 9576 form of unlawful homicide not referred to in this
s. 11(1), section shall not in respect of the death concerned
68/2009
s. 97(Sch. subsequently be prosecuted under this section and
item 40.14). no other form of unlawful homicide shall be
charged in the same indictment with an indictable
offence under this section.
S. 318(6) (6) A person who is convicted or acquitted of an
amended by
Nos 9576 indictable offence under this section shall not in
s. 11(1), respect of the circumstances concerned be
127/1986
s. 102(Sch. 4 proceeded against under the Road Safety Act
item 5.4), 1986 or the Marine Act 1988 for having driven a
13/1992
s. 3(2), motor vehicle whilst under the influence of
68/2009 alcohol or a drug and no such offence shall be
s. 97(Sch.
item 40.14), charged in the same indictment with an indictable
93/2009 s. 45. offence under this section.
S. 318(7) (7) Drug means a drug within the meaning of the
substituted by
Nos 8338 s. 4, Road Safety Act 1986.
78/1987
s. 4(2),

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* * * * * S. 318(8)
repealed by
No. 78/1987
s. 4(3).

319 Dangerous driving causing death or serious injury 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.

(1) A person who, by driving a motor vehicle at a S. 319(1)

amended by
speed or in a manner that is dangerous to the No. 7/2008
public having regard to all the circumstances of s. 5(1).

the case, causes the death of another person is

guilty of an indictable offence and liable to level 5
imprisonment (10 years maximum).
(1A) A person who, by driving a motor vehicle at a S. 319(1A)
inserted by
speed or in a manner that is dangerous to the No. 7/2008
public having regard to all the circumstances of s. 5(2).

the case, causes serious injury to another person is

guilty of an indictable offence and liable to level 6
imprisonment (5 years maximum).
(2) In this section serious injury has the meaning
given by section 15.
319AA Dangerous or negligent driving while pursued by S. 319AA
inserted by
police No. 83/2012
s. 32.
(1) A person must not drive a motor vehicle
dangerously or negligently if he or she knows, or
ought reasonably to know, that—

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Part I—Offences

S. 319AA(1)(a) (a) he or she has been given a direction to stop

amended by the vehicle by a police officer; and
No. 37/2014
s. 10(Sch.
item 36.9).

S. 319AA(1)(b) (b) a police officer is pursuing the vehicle.

amended by
No. 37/2014
s. 10(Sch.
item 36.9).

Penalty: 3 years imprisonment.

(2) For the purposes of subsection (1)—
(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) (c) a police officer may be pursuing a motor
amended by
No. 37/2014 vehicle even if not travelling at the same
s. 10(Sch. speed as the vehicle; and
item 36.9).

(d) it is irrelevant that the police pursuit is

suspended or terminated before the motor
vehicle being pursued stops.
(3) In this section—
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.

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* * * * * 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).

* * * * * S. 321
amended by
No. 6561 s. 3,
repealed by
No. 7645 s. 5.

Pt 1 Div. 9AA
Division 9AA—Offences connected with (Heading
dangerous, menacing and restricted breed dogs amended by
No. 8/2014
and related court powers s. 32.
Pt 1 Div. 9AA
(Heading and
ss 319A–
319C)
inserted by
No. 55/2011
s. 3.

Pt 1 Div. 9AA
Subdivision 1—Offences Subdiv. 1
(Heading)
inserted by
No. 8/2014
s. 33.

319A Definitions S. 319A

inserted by
No. 55/2011
In this Division— s. 3.

* * * * * S. 319A def. of
control
repealed by
No. 20/2015
s. 23(a).

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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, in relation to a
failure to keep
under control dangerous dog, menacing dog or restricted
inserted by breed dog, includes a failure to comply with
No. 20/2015
s. 23(b). 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 319B Failure to control dangerous, menacing or restricted
inserted by
No. 55/2011 breed dog that kills person
s. 3.
(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—

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the owner is guilty of an indictable offence and

liable to level 5 imprisonment (10 years
maximum).
(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 level 5
imprisonment (10 years maximum).
319C Recklessness as to whether controlling dangerous, S. 319C
inserted by
menacing or restricted breed dog may place another No. 55/2011
person in danger of death s. 3.

(1) An owner of a dangerous dog, menacing dog or S. 319C(1)

amended by
restricted breed dog who, without lawful excuse, No. 8/2014
recklessly engages in conduct so that the dog is s. 34(1).

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).

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S. 319C(2) (2) A person (other than the owner of a dangerous

amended by dog, menacing dog or restricted breed dog) who—
No. 8/2014
s. 34(2). (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 Subdivision 2—Disqualification of person from
(Heading and
ss 319D–
owning or being in charge or control of a dog
319L)
inserted by
No. 8/2014
s. 35.

S. 319D 319D Court may disqualify person from owning or being

inserted by
No. 8/2014 in charge or control of a dog
s. 35.
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.

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Part I—Offences

319E Search warrant for failure to comply with court S. 319E

order inserted by
No. 8/2014
(1) An authorised officer who is appointed by a s. 35.

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.
(2) If the magistrate is satisfied, by the evidence on
oath 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.
319F Certain sections of the Domestic Animals Act 1994 S. 319F
inserted by
apply to search warrant under this section No. 8/2014
s. 35.
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.

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Part I—Offences

S. 319G 319G Order under section 319D may be suspended

inserted by
No. 8/2014 A court that has made an order under
s. 35. 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. 319H 319H Person subject to order under section 319D may
inserted by
No. 8/2014 apply for variation, suspension or revocation of
s. 35. order
(1) A person who is subject to an order under
section 319D may apply to the court that made the
order for the variation, suspension or revocation
of the order.
(2) An application under subsection (1) may be made
no earlier than 12 months after the order is made.
S. 319I 319I Power of court to vary etc. order under section 319D
inserted by
No. 8/2014
s. 35.
(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;

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Part I—Offences

(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.
319J Person may not make another application for S. 319J
inserted by
variation, suspension or revocation of order for No. 8/2014
12 months s. 35.

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).
319K Orders under section 319D are to operate S. 319K
inserted by
consecutively No. 8/2014
s. 35.
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.
319L Person must comply with order under section 319D S. 319L
inserted by
No. 8/2014
A person who is subject to an order under s. 35.
section 319D must comply with the order.
Penalty: 240 penalty units or imprisonment for
2 years.

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Part I—Offences

Pt 1 Div. 9A Division 9A—Penalties for certain

(Heading and
s. 320) common law offences
inserted by
No. 48/1997
s. 56.

New s. 320 320 Maximum term of imprisonment for certain

inserted by
No. 48/1997 common law offences
s. 56,
amended by An offence at common law specified in column 1
No. 8/2008
s. 13.
of the Table is punishable by the maximum term
of imprisonment specified opposite it in column 2
of the Table.
TABLE
Column 1 Column 2
Maximum Term of
Common law offence Imprisonment
Affray Level 6 imprisonment
(5 years maximum)
Attempt to pervert the Level 2 imprisonment
course of justice (25 years maximum)
Breach of prison Level 6 imprisonment
(5 years maximum)
Bribery of public official Level 5 imprisonment
(10 years maximum)
Common assault Level 6 imprisonment
(5 years maximum)
Conspiracy to cheat and Level 4 imprisonment
defraud (15 years maximum)
Conspiracy to defraud Level 4 imprisonment
(15 years maximum)
Criminal defamation Level 5 imprisonment
(10 years maximum)
Embracery Level 4 imprisonment
(15 years maximum)
False imprisonment Level 5 imprisonment
(10 years maximum)
Kidnapping Level 2 imprisonment
(25 years maximum)

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Part I—Offences

Column 1 Column 2
Maximum Term of
Common law offence Imprisonment
Misconduct in public Level 5 imprisonment
office (10 years maximum)
Perverting the course of Level 2 imprisonment
justice (25 years maximum)
Public nuisance Level 6 imprisonment
(5 years maximum)
Riot Level 5 imprisonment
(10 years maximum)
Rout Level 6 imprisonment
(5 years maximum)
Unlawful assembly Level 6 imprisonment
(5 years maximum)
Wilful exposure Level 6 imprisonment
(5 years maximum).

Pt 1 Div. 10
Division 10—Conspiracy (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).

321 Conspiracy to commit an offence New s. 321

inserted by
No. 10079
(1) Subject to this Act, if a person agrees with any s. 7(2).
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—

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Part I—Offences

(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) (4) An indictment charging an offence against this
inserted by
No. 10233 section must not be filed without the approval of
s. 9(a), the Director of Public Prosecutions or of a person
amended by
No. 68/2009 authorized by the Director of Public Prosecutions
s. 97(Sch. to give approval for the purposes of this
item 40.15).
subsection.
S. 321A 321A Agreements to commit offences outside Victoria
inserted by
No. 10079
s. 7(2).
(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
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Part I—Offences

intentions, will necessarily amount to or involve

the commission of an offence against a law in
force in Victoria.
321B As to consequences of acquittal of co-conspirators (See R. v.
Darby (1982)
40 ALR 594).
It is hereby declared that the conviction of a
S. 321B
conspirator whether tried together with or inserted by
separately from another alleged conspirator or No. 10079
s. 7(2).
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.
321C Penalties for conspiracy S. 321C
inserted by
No. 10079
(1) Where a person is convicted under section 321 of s. 7(2).
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;
(b) if the relevant offence, or any of the relevant S. 321C(1)(b)
amended by
offences, is an offence for which the penalty Nos 49/1991
is imprisonment for a term the maximum s. 119(1)
(Sch. 2
length of which is not prescribed by law, the item 62(a)),
person shall be liable to level 4 48/1997
s. 60(1)(Sch. 1
imprisonment (15 years maximum); item 90(a)).

(ba) despite paragraph (b), if the relevant offence, S. 321C(1)(ba)

inserted by
or any of the relevant offences, is murder or No. 41/1993
treason, the person is liable to— s. 22(a),
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 90(b)(i)).

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Part I—Offences

S. 321C(1) (i) level 1 imprisonment (life); or

(ba)(i)
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 90(b)(ii)).

(ii) imprisonment for such other term as is

fixed by the court—
as the court determines;
S. 321C(1)(c) (c) subject to paragraphs (a), (b), (ba) and (d), if
amended by
No. 41/1993 the relevant offence, or any of the relevant
s. 22(b). 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) (d) if the relevant offence, or each of the
amended by
Nos 57/1989 relevant offences, may be heard and
s. 3(Sch. determined only in the Magistrates' Court,
item 42.17),
49/1991 the person shall be liable to—
s. 119(1)
(Sch. 2
item 62(b)(i)),
68/2009
s. 97(Sch.
item 40.16).

S. 321C(1) (i) level 6 imprisonment (5 years

(d)(i)
substituted by maximum); or
Nos 49/1991
s. 119(1)
(Sch. 2
item 62(b)(ii)),
48/1997
s. 60(1)(Sch. 1
item 90(c)(i)).

S. 321C(1) (ii) imprisonment for a term not exceeding

(d)(ii)
substituted by the maximum term of imprisonment
No. 49/1991 (if any) prescribed in respect of the
s. 119(1)
(Sch. 2 relevant offence or the greatest of the
item 62(b)(iii)). maximum terms prescribed in respect

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Part I—Offences

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—
(a) the person shall, if the relevant offence, or S. 321C(2)(a)
amended by
any of the relevant offences, is punishable by Nos 49/1991
a term of imprisonment, be liable to a term s. 119(1)
(Sch. 2
of imprisonment not exceeding the item 62(c)(i)),
maximum term of imprisonment prescribed 48/1997
s. 60(1)(Sch. 1
in respect of the relevant offence; and item 91).

(b) the person shall, in any other case, be liable S. 321C(2)(b)

amended by
to a level 6 fine (600 penalty units Nos 49/1991
maximum). s. 119(1)
(Sch. 2
item 62(c)(ii)),
69/1997
s. 22(8).

321D Application of certain provisions S. 321D

inserted by
No. 10079
Sections 321(2) and (3) and 321B shall apply, so s. 7(2).
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.
321E Limitations on prosecution S. 321E
inserted by
No. 10079
(1) Where any enactment prohibits the institution or s. 7(2).
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.

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Part I—Offences

(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 321F Abolition of certain offences of conspiracy at
inserted by
No. 10079 common law
s. 7(2).
(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) (4) An indictment charging an offence of conspiracy
inserted by
No. 10233 to cheat and defraud or conspiracy to defraud
s. 9(b), must not be filed without the approval of the
amended by
No. 68/2009 Director of Public Prosecutions or of a person
s. 97(Sch. authorized by the Director of Public Prosecutions
item 40.17).

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to give approval for the purposes of this

subsection.
Pt 1 Div. 11
Division 11—Incitement (Heading and
ss 321G–
321L)
inserted by
No. 10079
s. 7(2).

321G Incitement S. 321G

inserted by
No. 10079
(1) Subject to this Act, where a person in Victoria or s. 7(2).
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.

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S. 321H 321H Incitement to commit offences outside Victoria

inserted by
No. 10079 The expression the commission of an offence in
s. 7(2), section 321G(1) extends to the commission of an
amended by
No. 25/1989 offence against a law in force only in a place
s. 20(g). 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 321I Penalties for incitement
inserted by
No. 10079
s. 7(2).
(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) (b) if the relevant offence, or any of the relevant
amended by
Nos 49/1991 offences, is an offence for which the penalty
s. 119(1) is imprisonment for a term the maximum
(Sch. 2
item 57), length of which is not prescribed by law, the
48/1997 person shall be liable to level 4
s. 60(1)(Sch. 1
item 92(a)). imprisonment (15 years maximum);

S. 321I(1)(ba) (ba) despite paragraph (b), if the relevant offence,

inserted by
No. 41/1993 or any of the relevant offences, is murder or
s. 23(a), treason, the person is liable to—
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 92(b)(i)).

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(i) level 1 imprisonment (life); or S. 321I(1)

(ba)(i)
substituted by
No. 48/1997
s. 60(1)(Sch. 1
item 92(b)(ii)).

(ii) imprisonment for such other term as is

fixed by the court—
as the court determines;
(c) subject to paragraphs (a), (b), (ba) and (d), if S. 321I(1)(c)
amended by
the relevant offence, or any of the relevant No. 41/1993
offences is an offence for which a maximum s. 23(b).

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
(d) if the relevant offence, or each of the S. 321I(1)(d)
amended by
relevant offences, may be heard and Nos 57/1989
determined only in the Magistrates' Court, s. 3(Sch.
item 42.18),
the person shall be liable to— 49/1991
s. 119(1)
(Sch. 2
item 63(a)(i)),
68/2009
s. 97(Sch.
item 40.18).

(i) level 6 imprisonment (5 years S. 321I(1)(d)(i)

substituted by
maximum); or Nos 49/1991
s. 119(1)
(Sch. 2
item 63(a)(ii)),
48/1997
s. 60(1)(Sch. 1
item 92(c)).

(ii) imprisonment for a term not exceeding S. 321I(1)(d)(ii)

amended by
the maximum term of imprisonment No. 49/1991
(if any) prescribed in respect of the s. 119(1)
(Sch. 2
relevant offence or the greatest of the item 63(a)(iii)).
maximum terms prescribed in respect

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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) (a) the person shall, if the relevant offence, or
amended by
Nos 49/1991 any of the relevant offences, is punishable by
s. 119(1) a term of imprisonment, be liable to a term
(Sch. 2
item 63(b)(i)), of imprisonment not exceeding the
48/1997 maximum term of imprisonment prescribed
s. 60(1)(Sch. 1
item 93). in respect of the relevant offence; and
S. 321I(2)(b) (b) the person shall, in any other case, be liable
amended by
Nos 49/1991 to a level 6 fine (600 penalty units
s. 119(1) maximum).
(Sch. 2
item 63(b)(ii)),
69/1997
s. 22(9).

S. 321J 321J Application of certain provisions

inserted by
No. 10079
s. 7(2).
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 321K Limitations on prosecution
inserted by
No. 10079
s. 7(2).
(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.

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(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.
321L Incitement at common law abolished S. 321L
inserted by
No. 10079
The offence of incitement at common law is s. 7(2).
hereby abolished.
Pt 1 Div. 12
Division 12—Attempts (Heading and
(ss 321M–
321S)
inserted by
No. 10233 s. 4.

321M Attempt S. 321M

inserted by
No. 10233 s. 4.
A person who attempts to commit an indictable
offence is guilty of the indictable offence of
attempting to commit that offence.
321N Conduct constituting attempt S. 321N
inserted by
No. 10233 s. 4.
(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.

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(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
(b) 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.
(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 321O Attempts to commit offence outside Victoria
inserted by
No. 10233 s. 4.
(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 321P Penalties for attempt
inserted by
No. 10233 s. 4.

S. 321P(1) (1) A person convicted of attempting to commit an

substituted by
No. 49/1991 offence is liable—
s. 119(1)
(Sch. 2 (a) if the penalty for the relevant offence is set
item 64).
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:

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Part I—Offences

TABLE S. 321P(1)(a)
Table
Column 1 Column 2 substituted by
Level 1 imprisonment Level 2 imprisonment Nos 48/1997
(life) (25 years maximum) s. 60(1)(Sch. 1
item 94(a)),
Level 2 imprisonment Level 3 imprisonment 69/1997
(25 years maximum) (20 years maximum) s. 23.

Level 2 fine Level 3 fine

(3000 penalty units (2400 penalty units
maximum) maximum)
Level 3 imprisonment Level 4 imprisonment
(20 years maximum) (15 years maximum)
Level 3 fine Level 4 fine
(2400 penalty units (1800 penalty units
maximum) maximum)
Level 4 imprisonment Level 5 imprisonment
(15 years maximum) (10 years maximum)
Level 4 fine Level 5 fine
(1800 penalty units (1200 penalty units
maximum) maximum)
Level 5 imprisonment Level 6 imprisonment
(10 years maximum) (5 years maximum)
Level 5 fine Level 6 fine
(1200 penalty units (600 penalty units
maximum) maximum)
Level 6 imprisonment Level 7 imprisonment
(5 years maximum) (2 years maximum)
Level 6 fine (600 Level 7 fine
penalty units maximum) (240 penalty units
maximum)
Level 7 imprisonment Level 8 imprisonment
(2 years maximum) (1 year maximum)
Level 7 fine (240 Level 8 fine
penalty units maximum) (120 penalty units
maximum)
Level 8 imprisonment Level 9 imprisonment
(1 year maximum) (6 months maximum)
Level 8 fine (120 Level 9 fine
penalty units maximum) (60 penalty units
maximum)

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Column 1 Column 2
Level 9 imprisonment Level 10 fine
(6 months maximum) (10 penalty units
maximum)
Level 9 fine (60 penalty Level 10 fine
units maximum) (10 penalty units
maximum)
Level 10 fine (10 Level 11 fine
penalty units maximum) (5 penalty units
maximum)
Level 11 fine (5 penalty Level 12 fine
units maximum) (1 penalty unit
maximum)
Level 12 fine (1 penalty Level 12 fine
unit maximum) (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) (c) if the maximum penalty for the relevant
amended by
No. 48/1997 offence is not fixed or prescribed by law, to
s. 60(1)(Sch. 1 level 6 imprisonment (5 years maximum).
item 94(b)).

S. 321P(1A) (1A) For the avoidance of doubt, it is declared that if a

inserted by
No. 41/1993 person is convicted of attempting to commit
s. 24, murder or treason, the person is liable to level 2
amended by
No. 48/1997 imprisonment (25 years maximum).
s. 60(1)(Sch. 1
item 95(a)(b)).

(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.

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(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.
321Q Limitations on prosecution S. 321Q
inserted by
No. 10233 s. 4.
(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.

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(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 321R Application of Division
inserted by
No. 10233 s. 4.
(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) (a) to be involved in the commission of an
substituted by
No. 63/2014 indictable offence; or
s. 7(6).

(b) to commit the offence of conspiracy whether

that offence is a statutory offence or an
offence at common law.
S. 321S 321S Abolition of attempt at common law
inserted by
No. 10233 s. 4.
The offence of attempt at common law is
abolished.

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Part IA—Abolition of obsolete offences

Part IA—Abolition of obsolete offences Pt 1A

(Heading and
s. 322A)
inserted by
No. 7884
s. 2(2).

322A Maintenance and certain other offences abolished S. 322A

inserted by
No. 7884
Any distinct offences under the common law of s. 2(2).
maintenance (including champerty but not
embracery), or of being a common barrator, a
common scold or a common night walker are
hereby abolished.

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Part IB—Abolition of historical classifications

Pt 1B
(Heading and
Part IB—Abolition of historical
ss 322B–
322F)
classifications
inserted by
No. 9576 s. 2.

S. 322B 322B Abolition of distinctions between felony and

inserted by
No. 9576 s. 2. 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 322C Nomenclature
inserted by
No. 9576 s. 2.
(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.

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(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.
(5) Where in any Act, rule, regulation or other S. 322C(5)
amended by
instrument of a legislative character a provision is No. 68/2009
expressed to apply to or in relation to indictable s. 97(Sch.
item 40.19).
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.
322D Transitional provisions S. 322D
inserted by
No. 9576 s. 2.
(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.

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Part IB—Abolition of historical classifications

(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 322E Treason and misprision of treason not affected
inserted by
No. 9576 s. 2.
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 322F Other enactments not affected
inserted by
No. 9576 s. 2.
This Part shall not affect the operation of any
enactment restricting the institution of
proceedings for an offence.

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Part IC—Self-defence, duress, sudden or extraordinary emergency and
intoxication

Part IC—Self-defence, duress, sudden or Pt 1C

(Heading and
extraordinary emergency and intoxication ss 322G–
322T)
inserted by
No. 63/2014
s. 4.

Division 1—General
322G Application of Part S. 322G
inserted by
This Part applies to any offence, whether against No. 63/2014
any enactment or at common law. s. 4.

322H Definitions S. 322H

inserted by
No. 63/2014
In this Part— s. 4.
evidence of family violence has the meaning
given in section 322J;
really serious injury includes serious sexual
assault.
322I Onus of proof S. 322I
inserted by
No. 63/2014
(1) The accused has the evidential onus of raising s. 4.
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).

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intoxication

S. 322J 322J Evidence of family violence

inserted by
No. 63/2014 (1) Evidence of family violence, in relation to a
s. 4. 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.
(2) In this section—
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

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(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;

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(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 322K Self-defence
inserted by
No. 63/2014 (1) A person is not guilty of an offence if the person
s. 4. 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.

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(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.
322L Self-defence does not apply to a response to lawful S. 322L
inserted by
conduct No. 63/2014
s. 4.
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.
322M Family violence and self-defence S. 322M
inserted by
No. 63/2014
(1) Without limiting section 322K, for the purposes of s. 4.
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.

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Part IC—Self-defence, duress, sudden or extraordinary emergency and
intoxication

(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 322N Abolition of self-defence at common law
inserted by
No. 63/2014
s. 4.
Self-defence at common law is abolished.

Division 3—Duress
S. 322O 322O Duress
inserted by
No. 63/2014 (1) A person is not guilty of an offence in respect of
s. 4. 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.

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Part IC—Self-defence, duress, sudden or extraordinary emergency and
intoxication

(4) This section only applies in the case of murder if

the person believes that the threat is to inflict
death or really serious injury.
322P Family violence and duress S. 322P
inserted by
No. 63/2014
Without limiting the evidence that may be s. 4.
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.
322Q Abolition of duress at common law S. 322Q
inserted by
No. 63/2014
The defence at common law of duress is s. 4.
abolished.

Division 4—Sudden or extraordinary emergency

322R Sudden or extraordinary emergency S. 322R
inserted by
(1) A person is not guilty of an offence in respect of No. 63/2014
conduct that is carried out in circumstances of s. 4.

sudden or extraordinary emergency.

(2) This section applies if—
(a) the person reasonably believes that—
(i) circumstances of sudden or
extraordinary emergency exist; and
(ii) the conduct is the only reasonable way
to deal with the emergency; and
(b) the conduct is a reasonable response to the
emergency.
(3) This section only applies in the case of murder if
the person believes that the emergency involves a
risk of death or really serious injury.
322S Abolition of necessity at common law S. 322S
inserted by
No. 63/2014
The defence at common law of necessity is s. 4.
abolished.

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No. 6231 of 1958
Part IC—Self-defence, duress, sudden or extraordinary emergency and
intoxication

Division 5—Intoxication
S. 322T 322T Intoxication
inserted by
No. 63/2014 (1) In this section—
s. 4.
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

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No. 6231 of 1958
Part IC—Self-defence, duress, sudden or extraordinary emergency and
intoxication

(ca) from the use of a medicinal cannabis S. 322T(5)(ca)

product in accordance with a patient inserted by
No. 20/2016
medicinal cannabis access authorisation; or s. 145(1)(a).

(d) from the use of a drug for which no S. 322T(5)(d)

amended by
prescription is required (other than a No. 20/2016
medicinal cannabis product) and that was s. 145(1)(b).

used for a purpose, and in accordance with

the dosage level, recommended by the
manufacturer.
(6) Despite subsection (5), intoxication is self- S. 322T(6)
amended by
induced in the circumstances referred to in No. 20/2016
subsection (5)(c), (ca) or (d) if the person using s. 145(2).

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.

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No. 6231 of 1958
Part II—Offenders

Part II—Offenders
Pt 2 Div. 1
(Heading) Division 1—Abettors, accessories and
substituted by
No. 9576
concealers of offences
s. 4(1).

Pt 2 Div. 1 (1) Complicity in commission of offences

Subdiv. (1)
(Heading and
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.

S. 323 323 Interpretation

substituted by
No. 63/2014
s. 6.
(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

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Part II—Offenders

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.
324 Person involved in commission of offence taken to New s. 324
inserted by
have committed the offence No. 63/2014
s. 6.
(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.

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Part II—Offenders

(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 324A Other offenders need not be prosecuted or found
inserted by
No. 63/2014 guilty
s. 6.
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 324B Offender's role need not be determined
inserted by
No. 63/2014
s. 6.
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 324C Abolition of certain aspects of complicity at common
inserted by
No. 63/2014 law
s. 6.
(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.

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No. 6231 of 1958
Part II—Offenders

* * * * * Pt 2 Div. 1
Subdiv. (2)
(Heading and
ss 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.

(3) Accessories Pt 2 Div. 1

Subdiv. (3)
(Heading)
inserted by
No. 9576
s. 4(1).

325 Accessories S. 325

substituted by
No. 9576
(1) Where a person (in this section called the s. 4(1).
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

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Part II—Offenders

are satisfied that he is guilty in relation to the

offence charged (or that other offence).
S. 325(3) (3) A person charged with an offence against
amended by
No. 68/2009 subsection (1) may be indicted and convicted
s. 97(Sch. together with or before or after the principal
item 40.21).
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) (a) if the principal offence is one for which the
substituted by
No. 49/1991 penalty is level 1 imprisonment (life) to
s. 119(1) level 3 imprisonment (20 years maximum);
(Sch. 2
item 65(a)), or
amended by
No. 48/1997
s. 60(1)(Sch. 1
item 96(a)).

(b) in any other case, to imprisonment for a term

which is neither—
S. 325(4)(b)(i) (i) more than 5 years in length; nor
amended by
No. 49/1991
s. 119(1)
(Sch. 2
item 65(b)),
substituted by
No. 48/1997
s. 60(1)(Sch. 1
item 96(b)).

(ii) more than one-half the length of the

longest term which may be imposed on
first conviction for the principal
offence.
S. 325(5) * * * * *
repealed by
No. 9848
s. 18(1).

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Part II—Offenders

(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.

(4) Concealers of offences Pt 2 Div. 1

Subdiv. (4)
(Heading)
inserted by
No. 9576
s. 4(1).

326 Concealing offences for benefit S. 326

substituted by
No. 9576
s. 4(1).

(1) Where a person has committed a serious S. 326(1)

amended by
indictable offence, any other person who, Nos 49/1991
knowing or believing that the offence, or some s. 119(1)
(Sch. 2
other serious indictable offence, has been item 66),
committed and that he has information which 48/1997
s. 60(1)(Sch. 1
might be of material assistance in securing the item 97(a)(b)).
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

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Part II—Offenders

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. 326(4) * * * * *
repealed by
No. 9848
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.
New s. 327 327 Failure to disclose sexual offence committed against
inserted by
No. 36/2014 child under the age of 16 years
s. 4.
(1) In this section—
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;
sexual offence means—
(a) an offence under Subdivision (8A),
(8B), (8C), (8D), (8E) or (8EAA) of
Division 1 of Part I or under any
corresponding previous enactment; or
(b) an attempt to commit an offence
referred to in paragraph (a); or

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Part II—Offenders

(c) an assault with intent to commit an

offence referred to in paragraph (a).
(2) Subject to subsections (5) and (7), a person of or S. 327(2)
amended by
over the age of 18 years (whether in Victoria or No. 36/2014
elsewhere) who has information that leads the s. 7(1)(a).

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

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Part II—Offenders

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

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Part II—Offenders

(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
(b) the information referred to in subsection (2)
would be privileged under Part 3.10 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
(e) the person is a police officer acting in the S. 327(7)(e)
amended by
course of his or her duty in respect of the No. 36/2014
victim of the alleged sexual offence; or s. 7(1)(b).

(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.
328 Protection of those who disclose under section 327 New s. 328
inserted by
No. 36/2014
A disclosure made under section 327(2) in good s. 4.
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

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Part II—Offenders

(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) (ii) section 346 of the Mental Health Act
substituted by
No. 36/2014 2014.
s. 8.

New s. 329 329 Evidence and legal proceedings

inserted by
No. 36/2014
s. 4.
(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

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Part II—Offenders

(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.
330 Confidentiality New s. 330
inserted by
No. 36/2014
s. 4.

(1) If a disclosure is made under section 327(2), a S. 330(1)

amended by
person (other than the person who made it or a No. 36/2014
person acting with the written consent of the s. 7(2).

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).
(2) Subsection (1) does not apply to a disclosure
made to a court or tribunal in accordance with
section 329.

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Part II—Offenders

(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 * * * * *
22
repealed.

Pt 2 Div. 1 * * * * *
Subdivs (4)(5)
(Headings
and
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. 335 * * * * *
repealed by
No. 56/1989
s. 286(Sch. 2
item 7.1).

Pt 2 Div. 3
(Heading and Division 3—Criminal liability of married persons
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).

New s. 336 336 Marital coercion

inserted by
No. 9073
s. 2(b).
(1) Any presumption that an offence committed by a
wife in the presence of her husband is committed
under his coercion is hereby abolished.

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Part II—Offenders

(2) Where a woman is charged with an offence other S. 336(2)

than treason or murder, that woman shall have a amended by
No. 77/2005
complete defence to such charge if her action or s. 9.
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.
337 Misprision New s. 337
inserted by
No. 9073
A married person shall not become guilty of s. 2(b).
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

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Part II—Offenders

facts which might lead to the apprehension of the

spouse, or the spouse and such other or others, in
respect of the offence.
New s. 338 338 Accessory after the fact
inserted by
No. 9073
s. 2(b),
A married person shall not become an accessory
amended by to any indictable offence by receiving, relieving,
Nos 9228
s. 2(1)(i), 9576
comforting or assisting his or her spouse, or the
s. 11(1), spouse and another person or persons, though with
19/1987 s. 28.
knowledge that the spouse, whether alone or with
the other person or persons, has committed an
offence and though the purpose of what is done is
to enable the spouse, or the spouse and the other
person or persons, to escape being apprehended,
tried or punished.
New s. 339 339 Conspiracy and incitement
inserted by
No. 9073
s. 2(b).
(1) A married person shall be criminally responsible
for incitement or conspiracy to commit treason or
murder and for any offence specified in section 4
as if he or she were unmarried.
(2) Subject to subsection (1), a married person shall
not be criminally responsible for conspiracy with
his or her spouse alone, nor for incitement of his
or her spouse to commit a criminal offence.
S. 339(3) (3) Nothing in subsection (2) shall affect the liability
amended by
No. 9576 of a married person as a principal offender in any
s. 11(1). offence except conspiracy or incitement.
Ss 340–350 * * * * *
repealed by
No. 8338 s. 5.

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No. 6231 of 1958
Part IIA—Extra-territorial offences

Part IIA—Extra-territorial offences Pt 2A

(Heading and
ss 340–345)
inserted by
No. 70/1987
s. 4.

340 Definitions New s. 340

inserted by
No. 70/1987
(1) In this Part— s. 4.

appropriate authority means— S. 340(1)

def. of
appropriate
(a) in relation to another State of the authority
Commonwealth, or a Territory of the amended by
No. 37/2014
Commonwealth (other than the s. 10(Sch.
Australian Capital Territory)—an item 36.10(a)).
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;

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 Crimes Act 1958
No. 6231 of 1958
Part IIA—Extra-territorial offences

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

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 Crimes Act 1958
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Part IIA—Extra-territorial offences

(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.
341 Issue of search warrant New s. 341
inserted by
No. 70/1987
s. 4.

(1) If, upon the application of a police officer, a S. 341(1)

amended by
magistrate is satisfied that there are reasonable No. 37/2014
grounds to believe— s. 10(Sch.
item 36.11).
(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.
(3) A magistrate by whom a search warrant is issued S. 341(3)
amended by
must file the warrant, or a copy of the warrant, No. 57/1989
and the affidavit verifying the grounds on which s. 3(Sch.
item 42.19).
the application for the warrant was made, with the
principal registrar of the Court.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IIA—Extra-territorial offences

New s. 342 342 Authority conferred by and other incidents of a

inserted by search warrant
No. 70/1987
s. 4.

S. 342(1) (1) A search warrant authorises any police officer,

amended by
No. 37/2014 with such assistants as he or she thinks necessary,
s. 10(Sch. to enter and search the premises to which the
item 36.11).
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) (3) A police officer, or a person assisting him or her,
amended by
No. 37/2014 may use such force as is reasonably necessary for
s. 10(Sch. the execution of a search warrant.
item 36.11).

S. 342(4) (4) A police officer executing a search warrant may

amended by
No. 37/2014 seize and remove any object that he or she
s. 10(Sch. believes on reasonable grounds to be relevant to
item 36.11).
the investigation of the offence in relation to
which the warrant was issued.
(5) An object seized and removed under
subsection (4) must be dealt with in accordance
with arrangements in force under section 344.
S. 342(6) (6) A police officer who executes a search warrant—
amended by
No. 37/2014
s. 10(Sch.
(a) must prepare a notice in the prescribed form
item 36.11). 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

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IIA—Extra-territorial offences

(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.
343 Obstruction New s. 343
inserted by
No. 70/1987
s. 4,
amended by
Nos 49/1991
s. 119(1)
(Sch. 2
item 67),
48/1997
s. 60(1)(Sch. 1
item 98).

(1) A person must not, without lawful excuse, S. 343(1)

amended by
obstruct a police officer, or a person assisting a Nos 69/1997
police officer, in the execution of a search s. 22(10),
37/2014
warrant. s. 10(Sch.
item 36.11).
Penalty: Level 9 fine (60 penalty units
maximum).
(2) An offence under subsection (1) is a summary S. 343(2)
inserted by
offence. No. 48/1997
s. 60(1)(Sch. 1
item 99).

344 Ministerial arrangements for transmission and New s. 344

inserted by
return of seized objects No. 70/1987
s. 4.
(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—

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IIA—Extra-territorial offences

(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.
New s. 345 345 Regulations
inserted by
No. 70/1987
s. 4,
The Governor in Council may make regulations
amended by for or with respect to any matter or thing required
No. 10/1999
s. 31(5)(a).
or permitted by this Part to be prescribed to give
effect to this Part.
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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Part III—Procedure and punishment

Division 1—Pleading procedure, proof &c.
* * * * * Pt 3 Div. 1
Subdiv. (1)
(Heading and
ss 351–356)
23
repealed.

* * * * * Pt 3 Div. 1
Subdiv. (2)
(Heading)
repealed 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).

* * * * * New Pt 3
Div. 1
Subdiv. (2)
(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)).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 1 * * * * *
Subdiv. (3)
(Heading)
repealed 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)).

Pt 3 Div. 1 * * * * *
Subdiv. (4)
(Heading)
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

S. 359 * * * * *
24
repealed

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * 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)).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

S. 359B * * * * *
inserted by
No. 50/2006
s. 8, repealed
by No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

Pt 3 Div. 1 * * * * *
Subdiv. (5)
(Heading and
s. 360)
25
repealed.

Pt 3 Div. 1 * * * * *
Subdiv. (6)
(Heading and
s. 361)
26
repealed.

Pt 3 Div. 1 * * * * *
Subdiv. (7)
(Heading)
repealed 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)).

Pt 3 Div. 1 * * * * *
Subdiv. (8)
(Heading and
s. 363)
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)).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * Pt 3 Div. 1
Subdiv. (9)
(Heading and
ss 364–387)
27
repealed.

* * * * * Pt 3 Div. 1
Subdiv. (10)
(Heading and
s. 388)
amended by
No. 35/1996
s. 453(Sch. 1
item 16.3),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

* * * * * Pt 3 Div. 1
Subdiv. (11)
(Heading and
s. 389)
amended by
Nos 7705
s. 10, 9576
s. 11(1),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

* * * * * Pt 3 Div. 1
Subdiv. (12)
(Heading and
ss 390–396)
repealed.
28,29,30

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 1 * * * * *
Subdiv. (13)
(Heading and
s. 397)
amended by
Nos 35/1996
s. 453(Sch. 1
item 16.6),
18/2005
s. 18(Sch. 1
item 27.6),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

(14) Evidence. Depositions. Subpoenas and warrants 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),
35/1996
s. 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. 398A * * * * *
inserted by
No. 37/1986
s. 5(a),
repealed by
No. 12/1993
s. 4(b),
new s. 398A
inserted by
No. 81/1997
s. 14,
repealed by
No. 69/2009
s. 42.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * 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),
repealed by
No. 69/2009
s. 43.

* * * * * S. 399A
inserted by
No. 8870
s. 4(1),
amended by
Nos 9848
s. 18(1),
57/1989
s. 3(Sch.
item 42.35),
35/1996
s. 453(Sch. 1
item 16.9),
repealed by
No. 7/2009
s. 422(2)(b) (as
amended by
No. 68/2009
s. 54(h)).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

S. 399B * * * * *
inserted by
No. 8870
s. 4(1),
amended by
No. 35/1996
s. 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
31
s. 54(h)) .

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * S. 402
amended by
No. 9576
s. 11(1),
repealed by
No. 7/2009
s. 422(2)(b) (as
amended by
No. 68/2009
s. 54(h)).

* * * * * S. 403
repealed by
No. 6758 s. 3.

404 Proof of marriage on trial for bigamy No. 6103

s. 404.
On the hearing before a magistrate of or on the S. 404
amended by
trial of any person on a charge of having (during No. 57/1989
the life of his or her wife or husband) gone s. 3(Sch.
item 42.38).
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

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

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 405 Meaning of term official record
s. 405.
(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 * * * * *
32
repealed.

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. 410 * * * * *
repealed by
No. 51/1989
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.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * S. 412
repealed by
No. 7/2009
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. 414
amended by
No. 7703 s. 5,
repealed by
No. 7/2009
s. 422(2)(b) (as
amended by
No. 68/2009
s. 54(h)).

Authorised by the Chief Parliamentary Counsel

317
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

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),
69/1997
s. 22(11),
repealed by
No. 69/2009
s. 48.

Pt 3 Div. 1 * * * * *
Subdiv. (15)
(Heading and
s. 416)
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * Pt 3 Div. 1
Subdiv. (16)
(Heading and
s. 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)).

* * * * * Pt 3 Div. 1
Subdiv. (17)
(Heading and
s. 418)
amended by
Nos 8870
s. 5(1), 10084
s. 7, 37/1986
s. 5(d),
12/1993
s. 4(h),
35/1996
s. 453(Sch. 1
item 16.13),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

* * * * * Pt 3 Div. 1
Subdiv. (18)
(Heading)
repealed by
No. 43/2012
s. 3(Sch.
item 11.1)).

* * * * * S. 419
repealed by
No. 69/2009
s. 49.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 1 (19) Verdicts. Attempts, &c.

Subdiv. (19)
(Heading)
amended by
No. 65/1997
s. 82(2)(b).

S. 420 * * * * *
amended by
Nos 6884
s. 2(2),
102/1986
s. 8(c)(d),
repealed by
No. 65/1997
33
s. 82(2)(c).

cf. [1792] 32 420A Where person charged with unlawful publication of

George III
c. LX s. 1. defamatory matter
S. 420A
inserted by On the trial of a person charged with the unlawful
No. 9407 publication of defamatory matter—
s. 2(e).
(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. 421 421 Alternative verdicts on charge of murder
substituted by
No. 9576 s. 6.

S. 421(1) (1) On an indictment for murder a person found not

amended by
No. 68/2009 guilty of murder may be found guilty of—
s. 97(Sch.
item 40.24). (a) manslaughter;
S. 421(1)(ab) (ab) child homicide;
inserted by
No. 7/2008
s. 7(3)(c).

(b) any offence of which he may be found guilty

under an enactment specifically so
providing;

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(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)).

422 Alternative verdict on charge of causing serious S. 422

substituted by
injury in circumstances of gross violence No. 9576 s. 6,
repealed by
(1) If on the trial of a person charged with an offence No. 68/2009
s. 97(Sch.
against section 15A the jury are not satisfied that item 40.25),
the person is guilty of the offence charged but are new s. 422
inserted by
satisfied that he or she is guilty of an offence No. 6/2013
against section 16, the jury may acquit the accused s. 5.
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

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Part III—Procedure and punishment

of an offence against section 17 and the person

charged is liable to punishment accordingly.
S. 422A 422A Alternative verdict for certain charges relating to
inserted by
No. 59/2004 driving
s. 7.

S. 422A(1) (1) If on the trial of a person charged with an offence

substituted by
No. 7/2008 against section 318 (culpable driving causing
s. 5(3). 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. 422A(1A) (1A) If on the trial of a person charged with an offence
inserted by
No. 7/2008 against section 24 (negligently causing serious
s. 5(3). 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).

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No. 6231 of 1958
Part III—Procedure and punishment

* * * * * 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).

425 Alternative verdicts for certain charges of sexual S. 425

substituted by
offences Nos 7577 s. 4,
9509 s. 8,
(1) If on the trial of a person charged with rape the 8/1991 s. 5.
jury are not satisfied that he or she is guilty of
rape or of an attempt to commit rape but are
satisfied that he or she is guilty of—
(a) an offence against section 40(1) (sexual S. 425(1)(a)
substituted by
assault); or No. 74/2014
s. 7(8).

(b) an offence against section 42(1) (assault with S. 425(1)(b)

amended by
intent to commit a sexual offence); or No. 81/1991
s. 10(Sch.
item 1.2),
substituted by
No. 74/2014
s. 7(8).

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No. 6231 of 1958
Part III—Procedure and punishment

S. 425(1)(c) (c) assault with intent to commit an offence

amended by against section 45(1) (sexual penetration of
No. 67/2000
s. 7(4). child under the age of 16); or

S. 425(1)(d) * * * * *
repealed by
No. 67/2000
s. 7(5).

(e) an offence against section 47(1) (indecent act

with child under the age of 16); or
(f) an offence against section 18 (causing injury
intentionally or recklessly)—
the jury may acquit the accused of rape and find
him or her guilty of whichever of those offences
they are satisfied he or she is guilty and he or she
is liable to punishment accordingly.
S. 425(2) * * * * *
repealed by
No. 81/1991
s. 10(Sch.
item 1.3).

S. 425(3) (3) If on the trial of a person charged with an offence

amended by
No. 67/2000 against section 44 or 45(1) the jury are not
s. 7(6). satisfied that he or she is guilty of the offence
charged or of an attempt to commit the offence
charged but are satisfied that he or she is guilty
of—
(a) assault with intent to commit the offence
charged; or
(b) an offence against section 47(1) (indecent act
with child under the age of 16); or
(c) an offence against section 18 (causing injury
intentionally or recklessly)—
the jury may acquit the accused of the offence
charged and find him or her guilty of whichever of
those offences they are satisfied that he or she is

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No. 6231 of 1958
Part III—Procedure and punishment

guilty and he or she is liable to punishment

accordingly.
* * * * * S. 425(3)
re-numbered
as s. 425(4) by
No. 65/1991
s. 4,
repealed by
No. 68/2009
s. 97(Sch.
item 40.29).

426 Alternative verdict for identity crime offences S. 426

repealed by
No. 9576
If, on the trial of a person charged with an offence s. 11(1)(Sch.),
against section 192B, the jury are not satisfied that new s. 426
inserted by
the person charged is guilty of the offence charged No. 22/2009
but are satisfied that the person charged is guilty s. 4.
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.
427 Alternative verdict for destroying property charges S. 427
repealed by
No. 8425
(1) Where a person is charged with committing an s. 2(1)(h),
offence against section 197(2) or section 197(3) new s. 427
inserted by
and the jury are not satisfied that he is guilty of No. 9228
that offence but are satisfied that he is guilty of an s. 2(1)(j),
amended by
offence against section 197(1), the jury may return No. 48/1997
as their verdict that he is not guilty of the offence s. 58(1).
charged but is guilty of the offence against
section 197(1).
(2) If on the trial of a person charged with an offence S. 427(2)
inserted by
against section 197A the jury are not satisfied that No. 48/1997
he or she is guilty of the offence charged but are s. 58(2).

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

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

guilty of and he or she is liable to punishment

accordingly.
S. 428 428 Alternative verdict for charges of unauthorised
amended by
Nos 8425 modification of data to cause impairment
s. 2(1)(m),
9019 If on the trial of a person charged with an offence
s. 2(1)(Sch.
item 45),
against section 247C the jury are not satisfied that
repealed by he or she is guilty of the offence charged but are
No. 9576
s. 11(1),
satisfied that he or she is guilty of—
new s. 428
inserted by (a) an offence under section 197(1); or
10/2003 s. 7.
(b) an offence under section 247D—
the jury may acquit the accused of the offence
charged and find him or her guilty of whichever of
those offences they are satisfied that he or she is
guilty and he or she is liable to punishment
accordingly.
New s. 429 429 Alternative verdict for charges of unauthorised
inserted by
No. 10/2003 impairment of electronic communication
s. 7.
If on the trial of a person charged with an offence
against section 247D the jury are not satisfied that
he or she is guilty of the offence charged but are
satisfied that he or she is guilty of—
(a) an offence under section 197(1); or
(b) an offence under section 247C—
the jury may acquit the accused of the offence
charged and find him or her guilty of whichever of
those offences they are satisfied that he or she is
guilty and he or she is liable to punishment
accordingly.
Ss 429–434 * * * * *
repealed by
No. 8425
s. 2(1)(h).

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No. 6231 of 1958
Part III—Procedure and punishment

435 Alternative verdict for charges relating to riots S. 435

substituted by
Where on the trial of a person for any offence No. 9576
against section 206(1) the jury are not satisfied s. 11(1).

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.
* * * * * Pt 3 Div. 1
Subdiv. (19A)
(Heading)
inserted by
No. 8870
s. 6(1),
repealed by
No. 25/1989
s. 20(h)(ii).

* * * * * S. 435A
inserted by
No. 8870
s. 6(1),
amended by
No. 9848
s. 18(1),
repealed by
No. 10260
s. 114(Sch. 4
item 4).

* * * * * Pt 3 Div. 1
Subdiv. (20)
(Heading and
s. 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)).

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No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 1 * * * * *
Subdiv. (21)
(Heading and
ss 437–439)
amended by
Nos 7184 s. 6,
7703 s. 5, 7705
s. 10, 7876
s. 2(3), 8338
s. 7(a)(d), 8731
s. 173, 9427
s. 6(1)(Sch. 5
item 39), 9576
s. 11(1), 10152
s. 9(a),
57/1989
s. 3(Sch.
item 42.44),
53/2000
s. 94(3),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

Pt 3 Div. 1 * * * * *
Subdiv. (22)
(Heading and
ss 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
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * Pt 3 Div. 1
Subdiv. (23)
(Heading and
s. 444)
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

* * * * * Pt 3 Div. 1
Subdiv. (24)
(Heading and
s. 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)).

* * * * * Pt 3 Div. 1
Subdiv. (25)
(Heading and
ss 446–450)
34
repealed.

* * * * * Pt 3 Div. 1
Subdiv. (26)
(Heading and
ss 451–453)
amended by
Nos 110/1986
s. 140(2),
35/1996
s. 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)).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 1 * * * * *
Subdiv. (27)
(Heading and
s. 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)).

Pt 3 Div. 1 * * * * *
Subdiv. (28)
(Heading and
s. 455)
amended by
No. 7705 s. 10,
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

Pt 3 Div. 1 * * * * *
Subdiv. (29)
(Heading and
s. 456)
amended by
No. 19/1989
s. 16(Sch.
items 16.9,
16.10),
repealed by
No. 7/2009
s. 422(2)(a) (as
amended by
No. 68/2009
s. 54(h)).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(29A) Giving name and address on demand 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)).

456AA Requirement to give name and address S. 456AA

inserted by
No. 129/1993
s. 4 (as
amended by
No. 33/1994
s. 27(5)).

(1) A police officer may request a person to state his S. 456AA(1)

amended by
or her name and address if the police officer No. 37/2014
believes on reasonable grounds that the person— s. 10(Sch.
item 36.12(a)).
(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.
(2) A police officer who makes a request under S. 456AA(2)
amended by
subsection (1) must inform the person of the No. 37/2014
grounds for his or her belief in sufficient detail to s. 10(Sch.
item 36.12(b)).
allow the person to understand the nature of the
offence or suspected offence.
(3) A person who, in response to a request made by a S. 456AA(3)
amended by
police officer in accordance with this section— Nos 69/1997
s. 22(13),
(a) refuses or fails to comply with the request; or 37/2014
s. 10(Sch.
(b) states a name that is false in a material item 36.12(b)).
particular; or

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(c) states an address other than the full and

correct address of his or her ordinary place
of residence or business—
is guilty of a summary offence punishable on
conviction by a level 11 fine (5 penalty units
maximum).
S. 456AA(4) (4) A person who is requested by a police officer
amended by
No. 37/2014 under subsection (1) to state his or her name and
s. 10(Sch. address may request the member to state, orally or
item 36.12(c)).
in writing, his or her name, rank and place of duty.
S. 456AA(5) (5) A police officer who, in response to a request
amended by
Nos 69/1997 under subsection (4)—
s. 22(13),
37/2014 (a) refuses or fails to comply with the request; or
s. 10(Sch.
item (b) states a name or rank that is false in a
36.12(d)(i)).
material particular; or
S. 456AA(5)(c) (c) states as his or her place of duty an address
amended by
No. 37/2014 other than the name of the police station
s. 10(Sch. which is the police officer's ordinary place of
item
36.12(d)(ii)). duty; or
(d) refuses to comply with the request in writing
if requested to do so—
is guilty of a summary offence punishable on
conviction by a level 11 fine (5 penalty units
maximum).
Pt 3 Div. 1 * * * * *
Subdiv. (29B)
(Heading and
ss 456A–
456F)
inserted by
No. 120/1993
s. 79,
repealed by
No. 30/1997
s. 6.

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(30) Apprehension of offenders

457 No person to be arrested without warrant except S. 457
under this Act etc. substituted by
No. 8247 s. 2.
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.
458 Person found committing offences may be arrested S. 458
substituted by
without warrant by any person No. 8247 s. 2,
amended by
No. 57/1989
s. 3(Sch.
item 42.47).

(1) Any person, whether a police officer or not, may S. 458(1)

amended by
at any time without warrant apprehend and take No. 37/2014
before a bail justice or the Magistrates' Court to be s. 10(Sch.
item 36.13).
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—
(i) to ensure the attendance of the offender S. 458(1)(a)(i)
amended by
before a court of competent No. 68/2009
jurisdiction; s. 97(Sch.
item 40.30).

(ii) to preserve public order;

(iii) to prevent the continuation or repetition
of the offence or the commission of a
further offence; or

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(iv) for the safety or welfare of members of

the public or of the offender;
S. 458(1)(b) (b) when instructed so to do by any police
amended by
No. 37/2014 officer having power under this Act to
s. 10(Sch. apprehend that person; or
item 36.13).

S. 458(1)(c) (c) he believes on reasonable grounds is

amended by
No. 117/1986 escaping from legal custody or aiding or
s. 6(Sch. 1 abetting another person to escape from legal
item 1(8)(a)).
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. 458(3) (3) A person who has been apprehended without
amended by
Nos 9008 warrant pursuant to the provisions of
s. 2(1)(Sch. paragraph (a) in subsection (1) in respect of any
item 2(k)),
68/2009 offence punishable on summary conviction (not
s. 97(Sch. being an indictable offence that may be heard and
item 40.31).
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

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

issued against him or a notice to appear has been

served on him with respect to the offence alleged.
(4) In subsection (3), notice to appear has the same S. 458(4)
inserted by
meaning as in the Criminal Procedure Act 2009. No. 68/2009
s. 97(Sch.
item 40.32).

459 Powers of police officer or protective services officer S. 459

(Heading)
to apprehend offenders inserted by
No. 43/2011
s. 17(1),
amended by
No. 37/2014
s. 10(Sch.
item 36.14).
S. 459
substituted by
No. 8247 s. 2,
amended by
No. 43/2011
s. 17(2)(3)
(ILA s. 39B(1)).

(1) In addition to exercising any of the powers S. 459(1)

amended by
conferred by section 458 or by or under any other No. 37/2014
Act a police officer, or a protective services s. 10(Sch.
item 36.15(a)).
officer on duty at a designated place, may at any
time without warrant apprehend any person—
(a) he believes on reasonable grounds has S. 459(a)
amended by
committed an indictable offence in Victoria No. 68/2009
(including any indictable offence which may s. 97(Sch.
item 40.33).
be heard and determined summarily); or
(b) he believes on reasonable grounds has S. 459(b)
amended by
committed an offence elsewhere which if No. 68/2009
committed in Victoria would be an indictable s. 97(Sch.
item 40.33).
offence against the law of Victoria
(including any indictable offence which may
be heard and determined summarily).
Note Note to
s. 459(1)
There is a presumption in favour of proceeding by summons inserted by
if an accused is a child—see section 345 of the Children, No. 1/2016
s. 22(1).
Youth and Families Act 2005.

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

S. 459(2) (2) If a protective services officer arrests a person

inserted by under subsection (1), the protective services
No. 43/2011
s. 17(3), officer must hand the person into the custody of a
amended by police officer as soon as practicable after the
No. 37/2014
s. 10(Sch. person is arrested.
item 36.15(a)).

S. 459(3) (3) In this section, designated place has the same

inserted by
No. 43/2011 meaning as it has in the Victoria Police Act 2013.
s. 17(3),
amended by
No. 37/2014
s. 10(Sch.
item 36.15(b)).

S. 459A 459A Entry and search of premises

inserted by
No. 9576
s. 7(a).

S. 459A(1) (1) A police officer may, for the purpose of arresting

amended by
No. 37/2014 under section 458 or 459 or any other enactment a
s. 10(Sch. person whom he—
item 36.16).
(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) (2) In order to enter a place pursuant to
amended by
No. 37/2014 subsection (1), a police officer may, if it is
s. 10(Sch. necessary to do so, use reasonable force.
item 36.16).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(3) In this section serious indictable offence has the

same meaning as it has in section 325.
* * * * * S. 460
substituted by
No. 8247 s. 2,
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.

461 Arrest on reasonable grounds not to be taken to be S. 461

amended by
unlawful No. 7546 s. 11,
substituted by
(1) Where an apprehension is made under a belief on No. 8247 s. 2.
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.
(2) A police officer shall not be bound to take into S. 461(2)
amended by
custody or to take before a bail justice or the Nos 57/1989
Magistrates' Court any person found committing s. 3(Sch.
item 42.54),
an offence if the police officer believes on 68/2009
reasonable grounds that proceedings can s. 97(Sch.
item 40.34),
effectively be brought against that person by way 37/2014
of summons or notice to appear. s. 10(Sch.
item 36.17).

(3) In subsection (2) notice to appear has the same S. 461(3)

inserted by
meaning as in the Criminal Procedure Act 2009. No. 68/2009
s. 97(Sch.
item 40.35).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

S. 462 462 Definition of finds committing

substituted by
No. 8247 s. 2. 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. 462A 462A Use of force to prevent the commission of an
inserted by
No. 9576 indictable offence
s. 7(b).
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.
S. 463 * * * * *
repealed by
No. 8247 s. 2.

S. 463A 463A Arrest of offenders on board aircraft

inserted by
No. 7088
s. 2(e),
(1) The person in command of an aircraft may, on
amended by board the aircraft, with such assistance as is
No. 57/1989
s. 3(Sch.
necessary, arrest without warrant a person whom
item 42.55). 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
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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.
463B Prevention of suicide S. 463B
inserted by
No. 7546 s. 3.
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. 464
repealed by
No. 8425
s. 2(1)(h).

(30A) Custody and investigation Pt 3 Div. 1

Subdiv. (30A)
(Heading and
ss 464–464J)
inserted by
No. 37/1988
s. 5.

464 Definitions New s. 464

inserted by
No. 37/1988
(1) For the purposes of this Subdivision a person is in s. 5.
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

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(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.
(2) In this Subdivision—
S. 464(2) appropriate authority means—
def. of
appropriate
authority
(a) in relation to the Commonwealth or the
inserted by Australian Capital Territory—the
No. 16/2002
s. 5,
Commissioner (within the meaning of
amended by section 23WA of the Crimes Act 1914
No. 37/2014
s. 10(Sch.
of the Commonwealth) of the
item Australian Federal Police or any other
36.18(a)(i)).
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. 81/1997
s. 16(a),
repealed by
No. 26/2014
s. 455(Sch.
item 7.2(a)).

S. 464(2) Australian Crime Commission means

def. of
Australian the Australian Crime Commission
Crime (by whatever name described) established by
Commision
inserted by the Australian Crime Commission Act 2002
No. 54/2016 of the Commonwealth;
s. 28(a).

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authorised person means a person appointed as an S. 464(2)

authorised person under subsection (3); 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).

compulsory procedure means the taking of an S. 464(2)

def. of
intimate or non-intimate sample or the compulsory
conduct of a physical examination; procedure
inserted by
No. 129/1993
s. 6(a).

corresponding law means a law relating to the S. 464(2)

def. of
carrying out of forensic procedures and DNA correspond-
databases that— ing law
inserted by
No. 16/2002
(a) substantially corresponds to this s. 5.
Subdivision; or
(b) is prescribed for the purposes of this
definition;
crime scene index means an index of DNA S. 464(2)
def. of
profiles derived from forensic material found crime scene
or other material found— index
inserted by
No. 16/2002
(a) at any place (whether within or outside s. 5.
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

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(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) dentist means a person registered under the Health

def. of
dentist Practitioner Regulation National Law—
inserted by
No. 129/1993 (a) to practise in the dental profession as a
s. 6(a),
substituted by
dentist (other than as a student);
No. 26/1999
s. 107(Sch. (b) in the dentists division of that
item 1), profession;
amended by
No. 97/2005
s. 182(Sch. 4
item 14.2(a)),
substituted by
No. 13/2010
s. 51(Sch.
item 17.3(a)).

S. 464(2) designated mental health service has the same

def. of
designated meaning as in the Mental Health Act 2014;
mental health
service
inserted by
No. 26/2014
s. 455(Sch.
item 7.2(b)).

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destruction, in relation to any sample taken or S. 464(2)

given and any related material and def. of
destruction
information, means— inserted by
No. 72/2013
(a) the physical destruction of the sample; s. 3(b).
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;
detained or protected person means a person S. 464(2)
def. of
who— detained or
protected
(a) is held in a prison, police gaol, youth person
inserted by
justice centre or youth residential No. 84/1989
centre; or s. 4(a),
amended by
(b) is held in an institution within the Nos 93/1990
s. 27(a),
meaning of section 56 of the 23/2006
Corrections Act 1986; or s. 236(4),
48/2006
(c) is a security resident within the s. 42(Sch.
item 9.2(a)),
meaning of the Disability Act 2006; or 26/2014
s. 455(Sch.
(d) a patient within the meaning of the item 7.2(c)).
Mental Health Act 2014;

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S. 464(2) DNA database means—

def. of
DNA (a) the Victorian DNA database; or
database
inserted by (b) NCIDD; or
No. 16/2002
s. 5, (c) another DNA database system that is
substituted by
No. 32/2007 kept under a corresponding law of a
s. 4(1). participating jurisdiction;
S. 464(2) DNA database system means a database (whether
def. of
DNA in computerised or other form and however
database described) containing—
system
inserted by
No. 16/2002
(a) one or more of the following indexes of
s. 5. 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) fingerprints includes finger, palm, toe and sole
def. of
fingerprints prints;
inserted by
No. 38/1988
s. 5(a).

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fingerscan means fingerprints taken by means of S. 464(2)

a device to obtain a record of the def. of
fingerscan
fingerprints; inserted by
No. 41/2004
Example s. 3.
Fingerprints may be taken by a scanning device to
obtain a digital record of the fingerprints.
forensic material means any material— S. 464(2)
def. of
forensic
(a) from which a DNA profile may be material
derived; and inserted by
No. 16/2002
(b) which is obtained from samples taken s. 5.
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;
forensic procedure means the taking of a sample S. 464(2)
def. of
from any part of the body, whether an forensic
intimate or non-intimate sample or any other procedure
inserted by
type of sample, or the conduct of any No. 129/1993
procedure on or physical examination of the s. 6(b).

body but does not include the taking of a

fingerprint;

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S. 464(2) held in a prison, police gaol, youth justice centre

def. of or youth residential centre means—
held in a
prison, police (a) deemed by section 6A of the
gaol, youth
training centre Corrections Act 1986 to be in the
or youth custody of the Secretary within the
residential
centre meaning of that Act; or
inserted by
No. 38/1988 (b) deemed by section 6D of the
s. 5(a),
amended by
Corrections Act 1986 to be in the
Nos 93/1990 custody of the Chief Commissioner of
s. 27(b)(i)(ii),
56/1989
Police; or
s. 286(Sch. 2
item 7.3), (c) detained in a youth justice centre in the
46/1998 custody of the Secretary within the
s. 7(Sch. 1) (as
amended by meaning of the Children, Youth and
No. 12/1999 Families Act 2005; or
s. 3(Sch. 1
item 6)), (d) detained in a youth residential centre in
amended as
held in a the custody of the Secretary within the
prison, police meaning of the Children, Youth and
gaol, youth
justice centre Families Act 2005;
or youth
residential
centre by
No. 48/2006
s. 42(Sch.
item 9.2(b)),
amended by
No. 59/2015
s. 25(b).

S. 464(2) intimate part of the body means the genital or

def. of
intimate part anal region of a male or female or the breast
of the body of a female;
inserted by
No. 129/1993
s. 6(c).

S. 464(2) intimate sample means—

def. of
intimate
sample
(a) a blood sample;
inserted by
No. 129/1993 (b) a sample of pubic hair, including the
s. 6(c). root if required;

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(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;
investigating official means a police officer or a S. 464(2)
def. of
person appointed by or under an Act (other investigating
than a police officer or person who is official
amended by
engaged in covert investigations under the No. 37/2014
orders of a superior) whose functions or s. 10(Sch.
item
duties include functions or duties in respect 36.18(a)(ii)).
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).

medical practitioner means a person registered S. 464(2)

def. of
under the Health Practitioner Regulation medical
National Law to practise in the medical practitioner
inserted by
profession (other than as a student); No. 129/1993
s. 6(d),
substituted by
No 81/1997
s. 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)).

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S. 464(2) mental impairment includes impairment because

def. of of mental illness, intellectual disability,
mental
impairment dementia or brain injury;
inserted by
No. 23/1991
s. 4(a).

S. 464(2) midwife means a person registered under the

def. of
midwife Health Practitioner Regulation National
inserted by Law—
No. 13/2010
s. 51(Sch.
item 17.3(d)).
(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) missing persons index means an index of DNA
def. of
missing profiles, derived from forensic material, of—
persons index
inserted by (a) persons who are missing; and
No. 16/2002
s. 5. (b) volunteers who are relatives by blood
of missing persons;
S. 464(2) National Criminal Investigation DNA Database
def. of
National means the DNA database system that—
Criminal
Investigation (a) is known as the National Criminal
DNA
Database
Investigation DNA Database; and
inserted by
No. 32/2007 (b) is managed by the Commonwealth;
s. 4(2).

S. 464(2) NCIDD means the National Criminal

def. of
NCIDD Investigation DNA Database;
inserted by
No. 32/2007
s. 4(2).

S. 464(2) non-intimate part of the body means any part of

def. of
non-intimate the body other than an intimate part;
part of the
body
inserted by
No. 129/1993
s. 6(e).

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non-intimate sample means— S. 464(2)

def. of
(a) a sample of hair, other than pubic hair, non-intimate
including the root if required; sample
inserted by
No. 129/1993
(b) a sample of matter taken from under a s. 6(e).
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;
nurse means a person registered under the Health S. 464(2)
def. of
Practitioner Regulation National Law to nurse
practise in the nursing and midwifery inserted by
No. 81/1997
profession as a nurse (other than as a s. 16(c),
midwife or as a student); 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)).

participating jurisdiction means the S. 464(2)

def. of
Commonwealth, another State or a Territory participating
in which there is a corresponding law in jurisdiction
inserted by
force; No. 16/2002
s. 5.

physical examination means an examination of S. 464(2)

def. of
the external part of a person's body requiring physical
touching of the person or removal of the examination
inserted by
person's clothing; No. 129/1993
s. 6(e).

police custody officer has the same meaning as in S. 464(2)

def. of police
the Victoria Police Act 2013; custody
officer
inserted by
No. 59/2015
s. 25(a).

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police gaol has the same meaning as in the

Corrections Act 1986;
S. 464(2) prison has the same meaning as in the
def. of
prison Corrections Act 1986 but includes a youth
amended by justice centre established under section 478
No. 56/1989
s. 286(Sch. 2 of the Children, Youth and Families
item 7.4), Act 2005;
substituted by
No. 48/2006
s. 42(Sch.
item 9.2(c)).

S. 464(2) * * * * *
def. of
registered
medical
practitioner
inserted by
No. 23/1994
s. 118(Sch. 1
item 15.1),
repealed by
No. 81/1997
s. 16(d).

S. 464(2) related material and information—

def. of
related
material and
(a) in relation to any sample taken in a
information forensic procedure conducted in
inserted by
No. 81/1997
accordance with sections 464R
s. 16(e), to 464ZA or section 464ZF
amended by
No. 27/2006
or 464ZFAAA, means notes and
ss 3(a), 17(1). audiovisual recording made of the
forensic procedure and any information
which may identify the person
contained in any record of or report
relating to the forensic procedure and in
any copy of a 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

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record of or report relating to the taking

of the sample and in any copy of a
record or report;
relevant suspect means a person of or above the S. 464(2)
def. of
age of 18 years who— relevant
suspect
(a) is suspected of having committed or inserted by
No. 84/1989
attempted to commit an indictable s. 4(b),
offence; or substituted by
No. 23/1991
(b) has been charged with an indictable s. 4(b),
amended by
offence; Nos 81/1997
s. 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).

responsible Minister, in relation to a participating S. 464(2)

def. of
jurisdiction means a Minister of that responsible
jurisdiction who is responsible for Minister
inserted by
administration of a corresponding law; No. 16/2002
s. 5.

responsible person, in relation to a DNA S. 464(2)

def. of
database, means the person responsible for responsible
the care, control and management of the person
inserted by
system; No. 32/2007
s. 4(2).

security patient has the same meaning as in the S. 464(2)

def. of
Mental Health Act 2014; security
patient
inserted by
No. 81/1997
s. 16(g),
amended by
No. 26/2014
s. 455(Sch.
item 7.2(d)).

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S. 464(2) senior police officer means a police officer of or

def. of above the rank of senior sergeant;
senior police
officer
inserted by
No. 41/2004
s. 8,
amended by
No. 37/2014
s. 10(Sch.
item
36.18(a)(iii)).

S. 464(2) serious offenders index means an index of DNA

def. of
serious profiles derived from forensic material taken
offenders from—
index
inserted by
No. 16/2002
(a) offenders in accordance with
s. 5. section 464ZF, or under a
corresponding law of a participating
jurisdiction; and
(b) suspects who have been convicted of—
(i) an offence and an order has been
made under section 464ZFB(1); 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).

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statistical index means an index of information S. 464(2)

that— def. of
statistical
(a) is obtained from the analysis of forensic index
inserted by
material taken from persons in No. 16/2002
accordance with this Subdivision or s. 5.

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;
suspect means a person of or above the age of S. 464(2)
def. of
18 years who— suspect
inserted by
(a) is suspected of having committed an No. 38/1988
s. 5(b),
offence; or amended by
Nos 25/1989
(b) has been charged with an offence; or s. 14(a),
72/2004 s. 25.
(c) has been summonsed to answer to a
charge;
suspects index means an index of DNA profiles S. 464(2)
def. of
derived from forensic material taken from suspects
suspects in accordance with section 464R, index
inserted by
464T or 464U or under a corresponding law No. 16/2002
of a participating jurisdiction or taken from s. 5,
amended by
persons found not guilty because of mental No. 27/2006
impairment in accordance with s. 3(b).

section 464ZFAAA;
* * * * * S. 464(2)
def. of
tape
recording
repealed by
No. 27/2006
s. 3(c).

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S. 464(2) unknown deceased persons index means an index

def. of of DNA profiles of deceased persons whose
unknown
deceased identities are unknown where the DNA
persons index profile is derived from forensic material;
inserted by
No. 16/2002
s. 5.

S. 464(2) Victorian DNA database means the DNA

def. of
Victorian DNA database system kept under section 464ZFD;
database
inserted by
No. 32/2007
s. 4(2).

S. 464(2) volunteer means a person who volunteers to give

def. of
volunteer a sample under section 464ZGB;
inserted by
No. 16/2002
s. 5.

S. 464(2) volunteers (limited purposes) index means an

def. of
volunteers index of DNA profiles derived from forensic
(limited material taken from volunteers, under
purposes)
index section 464ZGB or a corresponding law of a
inserted by participating jurisdiction, who have chosen
No. 16/2002
s. 5. 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) volunteers (unlimited purposes) index means an
def. of
volunteers index of DNA profiles derived from forensic
(unlimited material taken from volunteers, under section
purposes)
index 464ZGB or a corresponding law of a
inserted by participating jurisdiction, who have chosen
No. 16/2002
s. 5. 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;

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youth residential centre has the same meaning S. 464(2)

as in the Children, Youth and Families def. of
youth
Act 2005; residential
centre
inserted by
No. 129/1993
s. 6(g),
amended by
No. 48/2006
s. 42(Sch.
item 9.2(d)).

* * * * * S. 464(2)
def. of
young
person
inserted by
No. 38/1988
s. 5(c),
repealed by
No. 129/1993
s. 6(f).

(3) The Minister administering the Victoria Police S. 464(3)

inserted by
Act 2013 may appoint by notice published in the No. 25/1989
Government Gazette a person or class of persons s. 11(b).
amended by
as a person or persons authorised to take No. 37/2014
fingerprints in accordance with this Subdivision. s. 10(Sch.
item 36.18(b)).

464AA Digital recordings S. 464AA

inserted by
No. 27/2006
If this Subdivision requires an audio recording or s. 4.
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.
464A Detention of person in custody S. 464A
inserted by
No. 37/1988
(1) Every person taken into custody for an offence s. 5.
(whether committed in Victoria or elsewhere)
must be—
(a) released unconditionally; or
(b) released on bail; or

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S. 464A(1)(c) (c) brought before a bail justice or the

amended by Magistrates' Court—
No. 57/1989
s. 5(1)(a)(i).

within a reasonable time of being taken into

custody.
(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) (3) Before any questioning (other than a request for
amended by
No. 129/1993 the person's name and address) or investigation
s. 5. 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) (a) the period of time reasonably required to
amended by
No. 57/1989 bring the person before a bail justice or the
s. 5(1)(a)(ii). Magistrates' Court;
(b) the number and complexity of offences to be
investigated;

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(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;

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(l) any other matters reasonably connected with

the investigation of the offence.
Note to Note
s. 464A
inserted by Section 78D of the Corrections Act 1986 provides for the
No. 25/2014 application of section 464A in relation to persons detained under
s. 14.
that Act.

S. 464B 464B Questioning or investigation of person already held

inserted by for another matter
No. 37/1988
s. 5.

S. 464B(1) (1) An investigating official may apply to the

amended by
Nos 56/1989 Magistrates' Court or, if the application is in
s. 286(Sch. 2 respect of a child, the Children's Court for an
item 7.5),
57/1989 order that a person—
s. 5(1)(b)(i),
86/2000
s. 4(1)(a).

S. 464B(1)(a) (a) who is—

substituted by
No. 86/2000
s. 4(1)(b).
(i) held in a prison or police gaol; or

S. 464B (ii) a forensic resident or a security resident

(1)(a)(ii)
amended by within the meaning of the Disability
No. 23/2006 Act 2006; or
s. 236(5).

S. 464B(1) (iii) a forensic patient or a security patient

(a)(iii)
substituted by within the meaning of the Mental
No. 26/2014 Health Act 2014; and
s. 455(Sch.
item 7.3).

S. 464B(1) * * * * *
(a)(iv)
repealed by
No. 26/2014
s. 455(Sch.
item 7.3).

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(b) reasonably suspected of having committed S. 464B(1)(b)

an offence (being, in the case of an amended by
Nos 86/2000
application in respect of a child, an s. 4(1)(c),
indictable offence), whether in Victoria or 72/2013
s. 4(1).
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
(c) be served on the person who is the subject of S. 464B(2)(c)
amended by
the application by delivering a true copy of No. 86/2000
the application— s. 4(2)(a).

(i) to the person personally; or

(ii) to the person in charge of the place S. 464B(2)
(c)(ii)
where the person is being held or substituted by
detained. No. 86/2000
s. 4(2)(b).

(3) At any time after the filing of an application under S. 464B(3)

amended by
subsection (1), the Magistrates' Court or Nos 56/1989
Children's Court (as the case may be) may order s. 286(Sch. 2
item 7.6),
that the person who is the subject of the 86/2000
application be brought before the court for the s. 4(3).

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.

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S. 464B(4A) (4A) The Magistrates' Court or the Children's Court

inserted by (as the case may be) must not hear or determine
No. 86/2000
s. 4(4). an application under subsection (1) unless the
person who is the subject of the application is
before the Court.
S. 464B(4B) (4B) If the person who is the subject of an application
inserted by
No. 86/2000 under subsection (1) is not legally represented in a
s. 4(4). 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) (4C) The Magistrates' Court or the Children's Court
inserted by
No. 86/2000 (as the case may be) may order Victoria Legal Aid
s. 4(4). 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. 464B(5) (5) On an application under subsection (1), the
amended by
Nos 56/1989 Magistrates' Court or the Children's Court (as the
s. 286(Sch. 2 case may be) may, if satisfied that it is in the
item 7.7),
57/1989 interests of justice to do so but subject to
s. 5(1)(b)(ii), subsection (5C), order the transfer of the custody
substituted by
No. 86/2000 of the person who is the subject of the application
s. 4(4). to the applicant for the purpose of questioning or

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investigation for a maximum period of time

specified in the order, being a reasonable period
within which the questioning or investigation may
take place.
(5A) In determining what constitutes a reasonable S. 464B(5A)
inserted by
period for the purposes of an order under No. 86/2000
subsection (5), the Magistrates' Court or the s. 4(4).

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.
(5B) The Magistrates' Court or the Children's Court S. 464B(5B)
inserted by
(as the case may be), on making an order under No. 86/2000
subsection (5), may make any further order that it s. 4(4).

thinks fit as to where, and the circumstances under

which, the questioning or investigation may take
place but it must not order that the questioning or
investigation take place somewhere other than the
place at which the person who is the subject of the
order was held or detained at the time of the
application for the order under subsection (5)
unless it is not practicable for the questioning or
investigation to take place there.
(5C) The Magistrates' Court or the Children's Court S. 464B(5C)
inserted by
(as the case may be) must not make an order No. 86/2000
under subsection (5) in respect of a person s. 4(4).

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

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(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) (5D) A person is unfit to be questioned for the purposes
inserted by
No. 86/2000 of subsection (5C) if, because the person's mental
s. 4(4). 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) (5E) On making an order under subsection (5) in
inserted by
No. 86/2000 respect of a person referred to in
s. 4(4). 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

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(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.
(5F) The Magistrates' Court or the Children's Court S. 464B(5F)
inserted by
(as the case may be) is not required to include in No. 86/2000
an order under subsection (5) a condition referred s. 4(4).

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.
(5G) On making an order under subsection (5), the S. 464B(5G)
inserted by
Magistrates' Court or the Children's Court (as the No. 86/2000
case may be) must inform the person who is the s. 4(4).

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
(b) that the investigating official must give him S. 464B(5G)(b)
amended by
or her the information required to be given No. 41/2004
by subsection (6) and section 464C(1); and s. 9(1)(a).

(c) if the person was held in a prison or police S. 464B(5G)(c)

inserted by
gaol at the time of the application, that the No. 41/2004
making of the order does not prevent a senior s. 9(1)(b).

police officer from authorising the conduct

of a non-intimate compulsory procedure on
the person under section 464SA.

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S. 464B(5H) (5H) An audiovisual recording must be made of the

inserted by following—
No. 86/2000
s. 4(4), (a) the giving of any information required to be
amended by
No. 27/2006 given by subsection (6) and section 464C(1);
s. 17(2).
(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) (6) If an order is made under subsection (5), before
amended by
No. 86/2000 any questioning or investigation commences, an
s. 4(5). 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. 464B(8) (8) The Magistrates' Court or the Children's Court
amended by
Nos 56/1989 (as the case may be) may, subject to
s. 286(Sch. 2 subsection (8A)—
item 7.7),
57/1989
s. 5(1)(b)(iii),
(a) extend a period of custody ordered under
86/2000 subsection (5); or
s. 4(6)(a).

S. 464B(8)(b) (b) on a subsequent application under

amended by
No. 86/2000 subsection (1), make orders whether in
s. 4(6)(b). respect of the same or a different offence
reasonably suspected of having been
committed by the person.

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(8A) The Magistrates' Court or the Children's Court S. 464B(8A)

(as the case may be) must not extend a period of inserted by
No. 86/2000
custody ordered under subsection (5) or, on a s. 4(7).
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.
(8B) In determining the length of any extension of a S. 464B(8B)
inserted by
period of custody ordered under subsection (5), No. 86/2000
the Magistrates' Court or the Children's Court s. 4(7).

(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.
(9) At— S. 464B(9)
amended by
No. 86/2000
(a) the end of the period, or any extended s. 4(8)(a)(b).
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.
(9A) The making of an order under subsection (5) does S. 464B(9A)
inserted by
not prevent a senior police officer from giving an No. 41/2004
authorisation under section 464SA. s. 9(2).

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S. 464B(10) (10) In this section—

inserted by
No. 86/2000
s. 4(9),
amended by
No. 72/2004
s. 26(a)(b).

S. 464B(10) child, in relation to a person suspected of having

def. of
child committed an offence, means a person who
amended by at the time of the suspected commission of
No. 72/2013
s. 4(2)(a). 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) investigating official, in relation to an offence
def. of
investigating committed outside Victoria, includes a
official person (other than a person who is engaged
inserted by
No. 72/2013 in covert investigations under the orders of a
s. 4(2)(b). 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.

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offence includes an offence against a law of the S. 464B(10)

Commonwealth or another State or a def. of offence
inserted by
Territory. No. 72/2013
s. 4(2)(b).

(11) An investigating official may question a person S. 464B(11)

inserted by
(other than a child) who is held in a prison or No. 72/2013
police gaol and is reasonably suspected of having s. 4(3).

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.
(12) A person must not be removed from the prison or S. 464B(12)
inserted by
police gaol in which he or she is being held for the No. 72/2013
purpose of questioning under subsection (11). s. 4(3).

Note
Questioning or investigations involving removal from prison
or police gaol may be authorised by a court order under
subsection (5).
(13) A person gives informed consent to be questioned S. 464B(13)
inserted by
if the person consents after an investigating No. 72/2013
official informs the person, in language likely to s. 4(3).

be understood by the person, of the following

matters—
(a) the nature of the offence which the person is
suspected of having committed;

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(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.
S. 464B(14) (14) A person may exercise any applicable right under
inserted by
No. 72/2013 section 464C, 464D or 464F before deciding
s. 4(3). whether or not to consent to be questioned.
S. 464B(15) (15) An audiovisual recording must be made of—
inserted by
No. 72/2013
s. 4(3).
(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

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(d) any withdrawal of consent to the

questioning.
Note Note to
s. 464B
Section 78D of the Corrections Act 1986 provides for the inserted by
application of section 464B in relation to persons detained under No. 25/2014
s. 15.
that Act.
464C Right to communicate with friend, relative and legal S. 464C
inserted by
practitioner No. 37/1988
s. 5.
(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
(b) may communicate with or attempt to S. 464C(1)(b)
amended by
communicate with a legal practitioner No. 72/2013
(whether the term legal practitioner or s. 5(1).

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.

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(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) (3) This section also applies to any questioning or
amended by
Nos 86/2000 investigation in accordance with an order made
s. 5, 72/2013 under section 464B(5) or any questioning
s. 5(2).
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. 464D 464D Right to an interpreter
inserted by
No. 37/1988
s. 5.
(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) (2) This section also applies to any questioning or
amended by
No. 72/2013 investigation in accordance with an order made
s. 6. 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.

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(3) This section does not apply to questioning or

investigation in connection with an offence under
section 49(1) of the Road Safety Act 1986.
464E Persons under 18 years S. 464E
(Heading)
inserted by
No. 72/2004
s. 27(1).
S. 464E
inserted by
No. 37/1988
s. 5.

(1) If a person in custody is under the age of 18 years, S. 464E(1)

amended by
an investigating official must not, subject to No. 72/2004
subsection (2), question or carry out an s. 27(2).

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.

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(3) This section also applies to any questioning or

investigation in accordance with an order made
under section 464B(5).
(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. 464F 464F Right of foreign national to communicate with
inserted by
No. 37/1988 consular office
s. 5.
(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.

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(2A) This section also applies to any questioning or S. 464F(2A)

investigation in accordance with an order made inserted by
No. 72/2013
under section 464B(5) or any questioning s. 7.
conducted by consent under section 464B(11),
unless Part IC of the Crimes Act 1914 of the
Commonwealth applies.
(3) This section does not apply to questioning or
investigation in connection with an offence under
section 49(1) of the Road Safety Act 1986.
464G Recording of information required to be given to S. 464G
(Heading)
person in custody 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)).

(1) If a person is in custody in relation to an S. 464G(1)

amended by
indictable offence, an investigating official who No. 27/2006
is required by sections 464A(3), 464C(1) s. 17(4).

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.
(2) Subsection (1) is subject to section 464B(5H) S. 464G(2)
inserted by
and (15). No. 86/2000
s. 8(1),
amended by
No. 72/2013
s. 8.

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S. 464H 464H Recording of confessions and admissions

(Heading)
inserted by
No. 27/2006
s. 17(5).
S. 464H
inserted by
No. 37/1988
s. 5.

S. 464H(1) (1) Subject to subsection (2), evidence of a confession

amended by
Nos 86/2000 or admission made to an investigating official by a
s. 6(1)(c), person who—
27/2006
s. 17(6)(c),
87/2009
(a) was suspected; or
s. 3(1).
(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) (c) if the confession or admission was made
amended by
No. 27/2006 before the commencement of questioning,
s. 17(6)(a). 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) (d) if the confession or admission was made
amended by
No. 27/2006 during questioning at a place where facilities
s. 17(6)(a). 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) (e) if the confession or admission was made
amended by
Nos 86/2000 during questioning at a place where facilities
s. 6(1)(a), were not available to conduct an interview,
27/2006
s. 17(6)(a). 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

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confirmed by the person questioned and the

confirmation was recorded by audio
recording or audiovisual recording; or
(f) if the confession or admission was made S. 464H(1)(f)
inserted by
during questioning in accordance with an No. 86/2000
order made under section 464B(5), the s. 6(1)(b),
amended by
questioning and anything said by the person No. 27/2006
was recorded by audiovisual recording— s. 17(6)(b).

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.
(3) If the questioning or confession or admission, or S. 464H(3)
amended by
the confirmation of a confession or admission, of No. 86/2000
a person is recorded as required under this section s. 6(2)(a).

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—
(a) if either an audio recording or an audiovisual S. 464H(3)(a)
amended by
recording was made, a copy of that recording Nos 86/2000
as soon as practicable but not later than s. 6(2)(b),
27/2006
7 days after the recording was made; and s. 17(7)(a),
substituted by
No. 87/2009
s. 3(2).

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S. 464H(3)(b) (b) if both an audio recording and an audiovisual

amended by recording were made—
Nos 86/2000
s. 6(2)(b), (i) the audio recording as soon as
27/2006
s. 17(7)(b), practicable but not later than 7 days
substituted by after the recording was made; and
No. 87/2009
s. 3(2).
(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) (c) if a transcript of the recording is prepared, a
inserted by
No. 87/2009 copy of the transcript as soon as practicable
s. 3(2). but not later than 7 days after the transcript
was made.
S. 464H(3A) (3A) On request by a person charged with an offence or
inserted by
No. 87/2009 the legal practitioner representing that person, the
s. 3(3). investigating official must provide an additional
copy of the audiovisual recording referred to in
subsection (3).
S. 464H(4) (4) Nothing in this section prevents the use of an
amended by
Nos 86/2000 audio recording or audiovisual recording in a
s. 6(3), proceeding for a summary offence.
27/2006
s. 17(8).

S. 464I 464I No power to detain person not under arrest

inserted by
No. 37/1988
s. 5,
Nothing in sections 464 to 464H (except as
amended by provided by an order made under section 464B(5))
No. 86/2000
s. 8(2).
confers a power to detain against his or her will a
person who is not under arrest.
S. 464J 464J Right to remain silent etc. not affected
inserted by
No. 37/1988
s. 5,
Nothing in this subdivision affects—
amended by
No. 84/1989 (a) the right of a person suspected of having
s. 6. committed an offence to refuse to answer
questions or to participate in investigations

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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
(ba) the onus on the prosecution to prove that an S. 464J(ba)
inserted by
admission or confession was made in such No. 69/2009
circumstances as to make it unlikely that the s. 50.

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.
464JA Offences in relation to recordings S. 464JA
inserted by
No. 87/2009
(1) In this section— s. 4.

authorised person means— S. 464JA(1)

def. of
authorised
(a) a member of Victoria Police personnel person
(other than a protective services amended by
Nos 64/2010
officer); s. 3(1),
43/2012
(b) a person or body engaged to provide s. 3(Sch.
services to Victoria Police in relation to item 11.2),
82/2012
the installation or maintenance of s. 159(1),
recording equipment; 37/2014
s. 10(Sch.
(c) the Director of Public Prosecutions for item 36.19(a)).

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;

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(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

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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

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(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.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 600 penalty units: see section 113D of the Sentencing
Act 1991.
(3) A person must not play an audio recording or an
audiovisual recording to another person unless—
S. 464JA(3)(a) (a) the recording is played for purposes
substituted by
No. 64/2010 connected with any civil or criminal
s. 3(2). 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) (c) the recording is played for purposes
amended by
No. 37/2014 connected with disciplinary action against a
s. 10(Sch. police officer under the Victoria Police Act
item 36.19(b)).
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

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(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.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 600 penalty units: see section 113D of the Sentencing
Act 1991.
(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.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 600 penalty units: see section 113D of the Sentencing
Act 1991.
(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

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acting in accordance with the direction of a court

under section 464JB.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 600 penalty units: see section 113D of the Sentencing
Act 1991.
S. 464JA(6) (6) An authorised person must not knowingly or
amended by
No. 64/2010 recklessly tamper with, modify or erase (in whole
s. 3(3). 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.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 600 penalty units: see section 113D of the Sentencing
Act 1991.
(7) A person must not publish or cause to be
published the whole or any part of an audio
recording or an audiovisual recording except in
accordance with the direction of a court under
section 464JB.
Penalty: Level 7 imprisonment (2 years
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this subsection
is 1200 penalty units: see section 113D of the Sentencing
Act 1991.
(8) An offence against a provision of this section is a
summary offence.

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464JB Court may give directions in relation to a recording S. 464JB

inserted by
(1) In this section— No. 87/2009
s. 4.
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.
464JC Retention of copy of recording S. 464JC
inserted by
No. 87/2009
(1) In this section— s. 4.
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;
Department Head has the same meaning as in the S. 464JC(1)
def. of
Public Administration Act 2004; Department
Head
inserted by
No. 64/2010
s. 4(1).

recording has the same meaning as in

section 464JA.
(2) The Chief Commissioner of Police must keep a S. 464JC(2)
amended by
copy of a recording, if the recording has been Nos 64/2010
made by a police officer in the course of an s. 4(2)(3),
37/2014
investigation, in safe custody. s. 10(Sch.
item 36.20).

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Part III—Procedure and punishment

S. 464JC(2A) (2A) If the recording has been made by an investigating

inserted by official who is not a police officer, the recording
No. 64/2010
s. 4(4), must be kept in the custody of the Department
amended by Head for the Department, where the investigating
Nos 48/2012
s. 47, 37/2014 official made the recording in the course of
s. 10(Sch. carrying out duties for or on behalf of that
item 36.20).
Department.
S. 464JC(2B) (2B) A recording referred to in subsection (2) or (2A)
inserted by
No. 64/2010 must be kept for a period of 7 years from the
s. 4(4). making of the recording.
S. 464JC(3) (3) If the court is satisfied that there is good cause to
amended by
No. 64/2010 keep a copy of a recording for a period longer
s. 4(5). 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) (a) the court is satisfied that the applicant has
amended by
No. 64/2010 given reasonable notice of the application to
s. 4(6)(a). the suspect and the Chief Commissioner of
Police or the Department Head; and
S. 464JC(5)(b) (b) the court has given the suspect and the Chief
amended by
No. 64/2010 Commissioner of Police or the Department
s. 4(6)(b). Head a reasonable opportunity to be heard.

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464JD Use of recordings for training, teaching or testing S. 464JD

purposes inserted by
No. 87/2009
(1) In this section— s. 4.

prescribed person means— S. 464JD(1)

def. of
prescribed
(a) a member of Victoria Police personnel person
(other than a protective services amended by
Nos 64/2010
officer); s. 5(1),
37/2014
(b) a person or body engaged to provide s. 10(Sch.
services to Victoria Police in relation to item 36.21).
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;
recording has the same meaning as in
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.

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Part III—Procedure and punishment

Heading Fingerprinting
inserted by
No. 16/2002
s. 4(a).

S. 464K 464K Fingerprinting of adults and children aged 15 or

inserted by
No. 38/1988 above
s. 4,
amended by
Nos 25/1989
s. 11(c),
57/1989
s. 5(1)(c),
substituted by
No. 129/1993
s. 7.

S. 464K(1) (1) A police officer may take, or cause to be taken by

amended by
No. 37/2014 an authorised person, the fingerprints of a person
s. 10(Sch. of or above the age of 15 years who—
item 36.22(a)).
(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) (2) A police officer intending to fingerprint a person
amended by
No. 37/2014 under this section must inform the person in
s. 10(Sch. language likely to be understood by him or her—
item 36.22(a)).
(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

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Part III—Procedure and punishment

(d) that if the person refuses to give his or her S. 464K(2)(d)

fingerprints voluntarily, a police officer may amended by
No. 37/2014
use reasonable force to obtain them; and s. 10(Sch.
item 36.22(a)).

(e) that if the person is not charged with a

relevant offence within 6 months or is so
charged but the charge is not proceeded with
or the person is not found guilty of the
offence or any other relevant offence before
the end of that period, the fingerprints will be
destroyed.
(3) Subject to subsection (4), the police officer who S. 464K(3)
amended by
informs a person of the matters in subsection (2) No. 37/2014
must— s. 10(Sch.
item 36.22(a)).

(a) record (whether by audio recording or S. 464K(3)(a)

substituted by
audiovisual recording); or No. 27/2006
s. 17(9).

(b) record in writing signed by the person—

the giving of that information and the person's
responses, if any.
(4) If a person is in custody within the meaning of S. 464K(4)
amended by
this Subdivision in relation to an indictable No. 27/2006
offence, the giving of the information under s. 17(10).

subsection (2) and the person's responses, if any,

must be recorded by audio recording or
audiovisual recording.
(5) If information and a person's responses are S. 464K(5)
amended by
recorded by audio recording or audiovisual Nos 27/2006
recording in accordance with this section, the s. 17(11)(a),
37/2014
police officer giving the information must give or s. 10(Sch.
send by post to the person or his or her legal item 36.22(a)).

practitioner without charge—

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Part III—Procedure and punishment

S. 464K(5)(a) (a) the recording (whether audio recording or

amended by audiovisual recording) or a copy of it within
No. 27/2006
s. 17(11)(b). 7 days; and

S. 464K(5)(b) (b) if a transcript of the recording is prepared, a

amended by
No. 27/2006 copy of the transcript as soon as practicable.
s. 17(11)(c).

S. 464K(6) (6) If information and a person's responses are

amended by
No. 37/2014 recorded in writing in accordance with this
s. 10(Sch. section, the police officer requesting the person's
item 36.22(b)).
fingerprints must give to the person, or cause the
person to be given, a copy of the signed record
forthwith.
S. 464K(7) (7) A police officer may use reasonable force to take
amended by
No. 37/2014 the fingerprints of a person referred to in
s. 10(Sch. subsection (1) who refuses to give them
item 36.22(c)).
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) (8) If the person from whom fingerprints are required
amended by
No. 72/2004 is a child aged 15, 16 or 17 years—
s. 28.
(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) (b) if the use of reasonable force has been
amended by
No. 27/2006 authorised in accordance with subsection (7),
s. 17(12). the taking of the fingerprints must be
recorded by audiovisual recording, if
practicable, or by audio recording.

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Part III—Procedure and punishment

464L Fingerprinting of children aged 14 or under S. 464L

inserted by
(1) A child under the age of 10 years who is No. 38/1988
suspected of having done or omitted to have done s. 4,
amended by
any act which would have constituted an offence No. 23/1991
had the child been of the age of criminal s. 5(a)(b),
substituted by
responsibility must not— No. 129/1993
s. 7.
(a) be requested to give his or her fingerprints;
or
(b) have his or her fingerprints taken.
(2) A police officer may take, or cause to be taken by S. 464L(2)
amended by
an authorised person, the fingerprints of a child No. 37/2014
aged 10 years or more but under 15 years who— s. 10(Sch.
item 36.23(a)).
(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 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).
(3) A police officer wishing to fingerprint a child S. 464L(3)
amended by
referred to in subsection (2) must inform the child No. 37/2014
and the parent or guardian of the child in language s. 10(Sch.
item 36.23(a)).
likely to be understood by each of them—
(a) of the purpose for which the fingerprints are
required; and

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Part III—Procedure and punishment

(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.
S. 464L(5) (5) Subject to subsection (6), the police officer who
amended by
No. 37/2014 informs a child of the matters in subsection (3)
s. 10(Sch. must—
item 36.23(a)).

S. 464L(5)(a) (a) record by audio recording or audiovisual

substituted by
No. 27/2006 recording; or
s. 17(13).

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Part III—Procedure and punishment

(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.
(6) If a child is in custody within the meaning of this S. 464L(6)
amended by
Subdivision in relation to an indictable offence, No. 27/2006
the giving of the information under subsection (3) s. 17(14).

and the responses, if any, of the child and the

parent or guardian must be recorded by audio
recording or audiovisual recording.
(7) If information and the responses of the child and S. 464L(7)
amended by
parent or guardian are recorded by audio Nos 27/2006
recording or audiovisual recording, the police s. 17(15)(a),
37/2014
officer giving the information must give or send s. 10(Sch.
by post to the child or his or her legal practitioner item 36.23(a)).

without charge—
(a) the recording (whether audio recording or S. 464L(7)(a)
amended by
audiovisual recording) or a copy of it within No. 27/2006
7 days; and s. 17(15)(b).

(b) if a transcript of the recording is prepared, a S. 464L(7)(b)

amended by
copy of the transcript as soon as practicable. No. 27/2006
s. 17(15)(c).

(8) If information and the responses of the child and S. 464L(8)

amended by
parent or guardian are recorded in writing, the No. 37/2014
police officer requesting the child's fingerprints s. 10(Sch.
item 36.23(b)).
must give to the child, or cause the child to be
given, a copy of the signed record forthwith.

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Part III—Procedure and punishment

S. 464M 464M Children's Court may order fingerprinting

inserted by
No. 38/1988
s. 4,
amended by
Nos 25/1989
s. 14(b),
57/1989
s. 5(1)(d)(e),
23/1991
s. 6(1),
substituted by
No. 129/1993
s. 7.

S. 464M(1) (1) If a child referred to in section 464L(2) or his or

amended by
No. 37/2014 her parent or guardian refuses to consent to the
s. 10(Sch. taking of the child's fingerprints or the parent or
item 36.24).
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)—
(a) must be in writing supported by evidence on
oath 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—

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No. 6231 of 1958
Part III—Procedure and punishment

(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).
(8) In exercising the right of address under S. 464M(8)
amended by
subsection (7)(c), a child may be represented by a No. 35/1996
legal practitioner or, with the leave of the court, a s. 453(Sch. 1
item 16.17).
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

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464M(9)(b) (b) a police officer may use reasonable force to

amended by take the fingerprints; and
No. 37/2014
s. 10(Sch.
item 36.24).

S. 464M(9)(c) (c) the taking of the fingerprints must be

amended by
No. 27/2006 recorded by audiovisual recording, if
s. 17(16). 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) (b) the person who took the fingerprints must
amended by
No. 27/2006 endorse on the order the name of the person,
s. 17(17). 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.

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Part III—Procedure and punishment

(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.
(16) If the Children's Court makes an order under S. 464M(16)
amended by
subsection (5) in respect of a child who is held in No. 48/2006
a prison, police gaol, youth justice centre or youth s. 42(Sch.
item 9.3).
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.

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Part III—Procedure and punishment

S. 464N 464N Taking of fingerprints

inserted by
No. 38/1988
s. 4,
amended by
Nos 25/1989
ss 11(d),
12(1)(2),
14(c)(d),
56/1989
s. 286(Sch. 2
items 7.8–
7.10),
substituted by
No. 129/1993
s. 7.
S. 464N(1) (1) Fingerprints may be taken by means of a device to
inserted by
No. 41/2004 obtain a record of the fingerprints (a fingerscan)
s. 4(1). or by any other means.
S. 464N(2) (2) If—
amended by
Nos 41/2004
s. 4(2),
(a) fingerprints are to be taken in accordance
37/2014 with a court order; or
s. 10(Sch.
item 36.24). (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 464NA Fingerscanning for identification purposes
inserted by
No. 35/2002
s. 3.

S. 464NA(1) * * * * *
repealed by
No. 41/2004
s. 5(1).

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Part III—Procedure and punishment

(2) If a person of or above the age of 15 years— S. 464NA(2)

amended by
(a) has been charged with an indictable offence Nos 37/2014
or a summary offence referred to in s. 10(Sch.
item 36.25(a)),
Schedule 7; and 59/2015
s. 26(1).
(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.
(3) A police officer intending to fingerscan a person S. 464NA(3)
amended by
under this section must inform the person, in Nos 37/2014
language likely to be understood by the person, s. 10(Sch.
item 36.25(a)),
that the fingerscan— 59/2015
s. 26(2).
(a) is to be taken only for the purpose of
identifying the person; and
(b) is inadmissible as evidence.
(4) A police officer may use reasonable force to take S. 464NA(4)
amended by
the fingerscan of a person referred to in No. 37/2014
subsection (2) who refuses to allow it to be taken s. 10(Sch.
item 36.25
voluntarily if— (b)(i)).

(a) the use of reasonable force is authorised by a S. 464NA(4)(a)

amended by
police officer in charge of a police station at Nos 37/2014
the relevant time or a police officer of or s. 10(Sch.
item
above the rank of sergeant; and 36.25(b)(ii)),
20/2015 s. 49.

(b) before fingerscanning the person, the police S. 464NA(4)(b)

amended by
officer informs the person, in language likely No. 37/2014
to be understood by the person, that s. 10(Sch.
item 36.25
reasonable force may be used to obtain it. (b)(i)).

(5) A person of the same sex as the person to be

fingerscanned must, if practicable, take the
fingerscan.

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464NA(6) (6) A fingerscan taken under this section is

amended by inadmissible as evidence in any proceeding.
No. 41/2004
s. 5(2).

S. 464NA(7) (7) A fingerscan taken under this section which is not

amended by
No. 41/2004 required to be destroyed under section 464O may
s. 5(3). 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 464O Destruction of records
inserted by
No. 38/1988
s. 4,
(1) In this section—
amended by
Nos 25/1989
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.

S. 464O(1) destroy, in relation to a fingerscan, means

def. of
destroy permanently de-identify information—
inserted by
No. 35/2002 (a) which identifies the person from whom
s. 4.
the fingerscan was taken; or
(b) from which the person's identity may be
ascertained;
S. 464O(1) fingerprints includes fingerscan taken under
def. of
fingerprints section 464NA or any other provision of this
inserted by Subdivision;
No. 35/2002
s. 4,
amended by
No. 41/2004
s. 6.

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No. 6231 of 1958
Part III—Procedure and punishment

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.

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464O(4) (4) A police officer may, within the period referred to

amended by in subsection (3)(a) or (b) and on one occasion
No. 37/2014
s. 10(Sch. only, apply without notice to any other person to
item 36.26). 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) (7) A person who—
amended by
No. 69/1997
s. 22(14).
(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 464P Records of juvenile
inserted by
No. 38/1988
s. 4,
amended by
No. 25/1989
s. 11(f),
substituted by
No. 129/1993
s. 7.

S. 464P(1A) (1A) In this section, fingerprints includes fingerscan

inserted by
No. 35/2002 taken under section 464NA or any other provision
s. 5, of this Subdivision.
amended by
No. 41/2004
s. 7.

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No. 6231 of 1958
Part III—Procedure and punishment

(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.
(2) Subsection (1) does not apply to fingerprints
retained as a result of a finding of guilt of any of
the following offences—
(a) murder, attempted murder, manslaughter or S. 464P(2)(a)
amended by
child homicide; Nos 77/2005
s. 8(3)(c),
7/2008
s. 7(3)(e),
63/2014
s. 3(4).

(b) an offence or attempt to commit an offence

against section 16, 17, 18, 25, 26, 29 or 31;
(c) an offence or attempt to commit an offence
under Subdivision (8A), (8B), (8C), (8D)
or (8E) of Division 1 of Part I;

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No. 6231 of 1958
Part III—Procedure and punishment

(d) an offence or attempt to commit an offence

against section 75 or 75A;
(e) an offence of arson against section 197.
S. 464Q 464Q Evidence of fingerprints
inserted by
No. 38/1988
s. 4,
(1) Evidence in respect of fingerprints taken from a
amended by person is inadmissible as part of the prosecution
Nos 25/1989
ss 11(g)(h),
case in proceedings against that person for an
13(a)(b), offence if—
56/1989
s. 286(Sch. 2 (a) the requirements of sections 464K to 464N
item 7.14),
57/1989 have not been complied with; or
s. 5(1)(g)(i)(ii),
substituted by (b) the fingerprints or any record, copy or
No. 129/1993 photograph of them should have been but
s. 7.
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.

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No. 6231 of 1958
Part III—Procedure and punishment

Forensic procedures Heading

inserted by
No. 16/2002
s. 4(b).

464R Forensic procedure on adult S. 464R

inserted by
No. 38/1988
s. 4,
amended by
Nos 56/1989
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.

(1) A police officer may request a suspect to undergo S. 464R(1)

amended by
a forensic procedure only if there are reasonable No. 37/2014
grounds to believe that the procedure would tend s. 10(Sch.
item 36.26).
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
(b) the Magistrates' Court makes an order under S. 464R(2)(b)
amended by
section 464T(3) or 464V(5); or No. 41/2004
s. 10(a).

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464R(2)(c) (c) a senior police officer gives an authorisation

inserted by under section 464SA.
No. 41/2004
s. 10(b).

S. 464S
inserted by
464S Informed consent 35
No. 84/1989
s. 5,
amended by
No. 84/1989
s. 7(a)(b),
substituted by
No. 129/1993
s. 7.

S. 464S(1) (1) A person gives informed consent to a request to

amended by
No. 37/2014 undergo a forensic procedure if he or she consents
s. 10(Sch. to the request after a police officer informs the
item 36.26).
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) (c) that the person may request that the
amended by
Nos 81/1997 procedure be conducted by or in the presence
s. 19(1), of a medical practitioner or nurse or midwife
13/2010
s. 51(Sch. of his or her choice or, where the procedure
item 17.4). 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) (ea) that information obtained from analysis of
inserted by
No. 16/2002 forensic material obtained by the procedure
s. 6. will be placed on a DNA database and may

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No. 6231 of 1958
Part III—Procedure and punishment

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; and
(f) that the person may refuse to undergo the
procedure; and
(g) where the sample or examination sought may S. 464S(1)(g)
amended by
be obtained by a compulsory procedure and No. 41/2004
the person refuses to undergo the procedure, s. 11(a).

that an application may be made to the

Magistrates' Court for an order authorising
the conduct of the procedure; and
(h) where the sample or examination sought S. 464S(1)(h)
inserted by
may be obtained by a non-intimate No. 41/2004
compulsory procedure within the meaning of s. 11(b).

section 464SA and the person refuses to

consent to the procedure, that a senior police
officer may authorise the conduct of the
procedure.
(2) A police officer who informs a person of the S. 464S(2)
amended by
matters in subsection (1)— No. 37/2014
s. 10(Sch.
item 36.26).

(a) must record the giving of the information S. 464S(2)(a)

amended by
and the person's responses, if any, by audio No. 27/2006
recording or audiovisual recording or in s. 17(18)(a).

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—
(i) if the giving of the information and the S. 464S(2)(b)(i)
amended by
responses are recorded by audio No. 27/2006
recording or audiovisual recording, a s. 17(18)(b).

copy of the recording as soon as

practicable, but not more than 7 days
after the information is given, and, if a
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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

transcript of the recording is prepared, a

copy of the transcript as soon as
practicable; and
(ii) if the giving of the information and the
responses are recorded in writing
signed by the person, a copy of the
record forthwith.
(3) If—
S. 464S(3)(a) (a) a person is held in a prison, police gaol or
amended by
No. 48/2006 youth justice centre or in an institution
s. 42(Sch. within the meaning of section 56 of the
item 9.3).
Corrections Act 1986; and
(b) within 24 hours after the giving of the
information referred to in subsection (1) the
person refuses or fails to consent to the
request to undergo a forensic procedure—
the person is to be taken as having refused
consent.
S. 464SA 464SA Senior police officer may authorise non-intimate
inserted by
No. 41/2004 compulsory procedure for certain adults
s. 12.
(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—

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No. 6231 of 1958
Part III—Procedure and punishment

(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
(b) the person is not under the age of 18 years; S. 464SA(2)(b)
amended by
and No. 72/2004
s. 29.

(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

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No. 6231 of 1958
Part III—Procedure and punishment

(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) (6) An authorisation under this section may only be
amended by
No. 37/2014 given to a police officer.
s. 10(Sch.
item 36.26).

S. 464SB 464SB Making or refusing authorisation

inserted by
No. 41/2004
s. 12.
(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) (3) The senior police officer must give, or cause
amended by
No. 37/2014 another police officer to give, to the suspect a
s. 10(Sch. copy of the authorisation as soon as practicable
item 36.26).

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No. 6231 of 1958
Part III—Procedure and punishment

after the authorisation is made and, in any event,

before the conduct of the compulsory procedure.
(4) Before the compulsory procedure is conducted, a S. 464SB(4)
amended by
police officer must inform the suspect orally and No. 37/2014
in person of the following— s. 10(Sch.
item 36.26).
(a) that an authorisation under section 464SA
has been given; and
(b) the matters referred to in subsection (2)(a),
(b) and (c); and
(c) that a police officer may use reasonable force S. 464SB(4)(c)
amended by
to enable the compulsory procedure to be No. 37/2014
conducted; and s. 10(Sch.
item 36.26).

(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—
(a) record, or cause to be recorded, the giving of S. 464SB(5)(a)
amended by
that information by audio recording or No. 27/2006
audiovisual recording; and s. 17(19)(a).

(b) give or send by registered post, or cause to S. 464SB(5)(b)

amended by
be given or sent by registered post, to the No. 27/2006
suspect or his or her legal practitioner, s. 17(19)(b).

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—

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464SB(6)(a) (a) inform, or cause another police officer to

amended by inform, the suspect orally of the decision as
No. 37/2014
s. 10(Sch. soon as practicable after the refusal; and
item 36.26).

(b) give written notice of the decision to the

suspect within 7 days after the refusal.
S. 464SB(7) (7) A failure of the senior police officer or a police
amended by
No. 37/2014 officer to comply with this section does not
s. 10(Sch. invalidate any authorisation made by the senior
item 36.26).
police officer but constitutes non-compliance for
the purposes of section 464ZE(1)(a).
S. 464T 464T Court may order compulsory procedure
inserted by
No. 84/1989
s. 5,
amended by
No. 84/1989
s. 7(c),
substituted by
No. 129/1993
s. 7.

S. 464T(1) (1) If—

amended by
No. 37/2014
s. 10(Sch.
(a) a person refuses to undergo a forensic
item procedure after being requested to do so or is
36.27(a)(ii)).
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 36; and
S. 464T(1)(d) (d) a police officer believes on reasonable
amended by
No. 37/2014 grounds that the person has committed the
s. 10(Sch. offence in respect of which the procedure
item 36.27
(a)(i)). was requested—
the police officer may apply to the Magistrates'
Court for an order directing the person to undergo
the compulsory procedure.

Authorised by the Chief Parliamentary Counsel

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Part III—Procedure and punishment

(2) An application under subsection (1)—

(a) must be in writing supported by evidence on
oath 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
(c) in the case of an application for a sample S. 464T(3)(c)
amended by
other than one referred to in paragraph (d), No. 81/1997
any of the following applies— s. 17(1).

(i) material reasonably believed to be from

the body of a person who committed
the offence has been found—
(A) at the scene of the offence; or
(B) on the victim of the offence or on
anything reasonably believed to
have been worn or carried by the
victim when the offence was
committed; or
(C) on an object or person reasonably
believed to have been associated
with the commission of the
offence; or

Authorised by the Chief Parliamentary Counsel

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Part III—Procedure and punishment

(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) (B) on an object reasonably believed
(ii)(B)
amended by to have been associated with the
No. 81/1997 commission of the offence; or
s. 17(2).

S. 464T(3) (iii) the victim of the offence has not been

(c)(iii)
inserted by found, and there are reasonable grounds
No. 81/1997 to believe that material reasonably
s. 17(3).
believed to be from the body of the
victim is present on a person suspected
of having committed the offence; or
S. 464T(3) (iv) the offence in respect of which the
(c)(iv)
inserted by application is made is an offence
No. 81/1997 against a provision of Subdivision (8A),
s. 17(3).
(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

Authorised by the Chief Parliamentary Counsel

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No. 6231 of 1958
Part III—Procedure and punishment

(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 mental impairment; and
(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—
(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 (3)(a) to (h).
(6) In exercising the right of address under S. 464T(6)
amended by
subsection (5)(c), a relevant suspect may be No. 35/1996
represented by a legal practitioner. s. 453(Sch. 1
item 16.17).

Authorised by the Chief Parliamentary Counsel

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No. 6231 of 1958
Part III—Procedure and punishment

(7) If the Magistrates' Court makes an order under

subsection (3), it must—
(a) give reasons for its decision; and
(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
S. 464T(7)(d) (d) inform the person ordered to undergo a
amended by
No. 37/2014 compulsory procedure that a police officer
s. 10(Sch. may use reasonable force to enable the
item 36.27(b)).
procedure to be conducted.
(8) A failure of the Court to comply with
subsection (7) does not invalidate any order made
by it but constitutes non-compliance for the
purposes of section 464ZE(1)(a).
S. 464T(9) (9) If—
amended by
No. 37/2014
s. 10(Sch.
item 36.27(b)).

S. 464T(9)(a) (a) a police officer proposes to make an

amended by
No. 37/2014 application to the Magistrates' Court under
s. 10(Sch. subsection (1) in respect of a person; and
item 36.27(b)).

(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.

Authorised by the Chief Parliamentary Counsel

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No. 6231 of 1958
Part III—Procedure and punishment

(10) A police officer into whose custody the person is S. 464T(10)

delivered under a warrant issued under amended by
No. 37/2014
subsection (9) must return the person to the s. 10(Sch.
officer-in-charge of the place where the person item 36.27(b)).

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.
464U Forensic procedure on child S. 464U
inserted by
No. 84/1989
s. 5,
amended by
Nos 84/1989
s. 7(d)–(h)
(i)(ii), 23/1991
s. 6(2)(3),
substituted by
No. 129/1993
s. 7.

(1) A police officer must not request a child to S. 464U(1)

amended by
undergo a forensic procedure or request that a No. 37/2014
compulsory procedure be conducted on the child s. 10(Sch.
item 36.28).
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.
(2) A police officer must not request a child aged S. 464U(2)
amended by
10 years or more but under 18 years who— Nos 72/2004
s. 30(1),
(a) is suspected of having committed; or 37/2014
s. 10(Sch.
(b) has been charged with; or item 36.28).

Authorised by the Chief Parliamentary Counsel

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No. 6231 of 1958
Part III—Procedure and punishment

(c) has been summonsed to answer to a charge

for—
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) (3) A police officer may apply to the Children's Court
amended by
No. 37/2014 for an order under subsection (7) if the child—
s. 10(Sch.
item 36.28).

S. 464U(3)(a) (a) is suspected on reasonable grounds of having

amended by
Nos 81/1997 committed or attempted to commit an
s. 18, 61/2001 indictable offence against the person at
s. 16(1)(b)(i),
16/2002 common law or an indictable offence under
s. 17(2), Division 1 of Part I or under section 75, 75A,
35/2002
s. 28(Sch. 76, 77, 197 (in circumstances where the
item 3.2). 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) (b) has been charged with an indictable offence
amended by
Nos 81/1997 against the person at common law or an
s. 18, 61/2001 indictable offence under Division 1 of Part I
s. 16(1)(b)(ii),
16/2002 or under section 75, 75A, 76, 77, 197 (in
s. 17(2), circumstances where the offence is charged
35/2002
s. 28(Sch. as arson), 197A, 249, 250, 251, 317, 317A
item 3.2). 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

Authorised by the Chief Parliamentary Counsel

416
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

and Controlled Substances Act 1981 as in

force immediately before the commencement
of the Drugs, Poisons and Controlled
Substances (Amendment) Act 2001.
(4) An application under subsection (3)—
(a) must be in writing supported by evidence on
oath 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 37—
(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.
(7) The Children's Court may make an order directing S. 464U(7)
amended by
a child aged 10 years or more but under 18 years No. 72/2004
to undergo a compulsory procedure if satisfied on s. 30(2).

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—

Authorised by the Chief Parliamentary Counsel

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No. 6231 of 1958
Part III—Procedure and punishment

(i) material reasonably believed to be from

the body of a person who committed
the offence has been found—
(A) at the scene of the offence; or
(B) on the victim of the offence or on
anything reasonably believed to
have been worn or carried by the
victim when the offence was
committed; or
(C) on an object or person reasonably
believed to have been associated
with the commission of the
offence; or
(ii) there are reasonable grounds to believe
that, because of the nature of the
offence or injuries inflicted during the
commission of the offence, material
from the body or clothing of the victim
is present—
(A) on the person who committed the
offence or on anything reasonably
believed to have been worn or
carried by that person when the
offence was committed; or
(B) on an object reasonably believed
to have been associated with the
commission of the offence; and
(d) in the case of an application to take a sample
or washing from the skin to determine the
presence of gunshot residue, a firearm was
discharged during the commission of the
offence; and
(e) in the case of an application to conduct a
physical examination, the person who
committed the offence had distinguishing
marks or injuries, whether acquired during
Authorised by the Chief Parliamentary Counsel
418
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

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—
(a) give reasons for its decision; and
(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
(d) inform the child ordered to undergo a S. 464U(9)(d)
amended by
compulsory procedure that a police officer No. 37/2014
may use reasonable force to enable the s. 10(Sch.
item 36.28).
procedure to be conducted.
(10) A failure of the court to comply with
subsection (9) does not invalidate any order made
by it but constitutes non-compliance for the
purposes of section 464ZE(1)(a).

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No. 6231 of 1958
Part III—Procedure and punishment

(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—
(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 (7)(a) to (g) or subsection (8).
S. 464U(13) (13) In exercising the right of address under
amended by
No. 35/1996 subsection (12)(c), a child may be represented by
s. 453(Sch. 1 a legal practitioner or, with the leave of the court,
item 16.17).
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.

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No. 6231 of 1958
Part III—Procedure and punishment

464V Interim orders S. 464V

inserted by
(1) This section does not apply to an application in No. 84/1989
respect of a blood sample. s. 5,
amended by
Nos 84/1989
ss 7(i)(j),
8(a)(i)–(iv),
23/1991
s. 7(1)(2),
substituted by
No. 129/1993
s. 7.

(2) A police officer may apply, with or without notice S. 464V(2)

amended by
to any other person, for an interim order directing No. 37/2014
a person to undergo a compulsory procedure if the s. 10(Sch.
item 36.29(a)).
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.
(4) If a police officer believes on reasonable grounds S. 464V(4)
amended by
that— No. 37/2014
s. 10(Sch.
(a) it is necessary to obtain an interim order; and item 36.29(b)).

(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 telephone in accordance with the procedure in
section 464W.

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No. 6231 of 1958
Part III—Procedure and punishment

(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
(b) on the evidence, whether sworn or unsworn,
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
(c) on an application by telephone, 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
(c) the further hearing must not be conducted by
telephone; and
(d) the person on whom the compulsory
procedure is conducted must attend the
further hearing 38.
(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

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No. 6231 of 1958
Part III—Procedure and punishment

(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.
464W Application by telephone for interim order S. 464W
inserted by
No. 84/1989
s. 5,
amended by
Nos 84/1989
ss 7(k), 8(b),
8/1991
s. 22(1)(a)–(d),
substituted by
No. 129/1993
s. 7.

(1) A police officer making an application by S. 464W(1)

amended by
telephone for an interim order must make the No. 37/2014
application in accordance with this section. s. 10(Sch.
item 36.30(a)).

(2) Before making the application, the police officer S. 464W(2)

amended by
must prepare an affidavit setting out the grounds No. 37/2014
on which the order is sought, but may, if s. 10(Sch.
item 36.30(b)).
necessary, make the application before the
affidavit has been sworn.
(3) If transmission by facsimile machine is available, S. 464W(3)
amended by
the police officer must transmit a copy of the No. 37/2014
affidavit, whether sworn or unsworn, to the s. 10(Sch.
item 36.30(b)).
magistrate or Children's Court magistrate
constituting the court that is to hear the
application by telephone.
(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.

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No. 6231 of 1958
Part III—Procedure and punishment

(5) If the court makes an interim order on an

application made by telephone, 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.
(6) If transmission by facsimile machine 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).
(8) If an interim order is made on an application made
by telephone, the applicant must—
(a) if a copy of the order has not been
transmitted by facsimile machine, 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
(b) if a copy of the order has been transmitted by
facsimile machine, 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) (ii) that a police officer may use reasonable
(c)(ii)
amended by force to enable the procedure to be
No. 37/2014 conducted; and
s. 10(Sch.
item 36.30(c)).

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No. 6231 of 1958
Part III—Procedure and punishment

(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.
(9) A police officer who informs a person of the S. 464W(9)
amended by
matters in subsection (8)(c)— No. 37/2014
s. 10(Sch.
item 36.30(c)).

(a) must record the giving of the information by S. 464W(9)(a)

amended by
audio recording or audiovisual recording or No. 27/2006
in writing signed by the person; and s. 17(20)(a).

(b) must give or send by registered post to the

person or his or her legal practitioner,
without charge—
(i) if the giving of the information is S. 464W(9)
(b)(i)
recorded by audio recording or amended by
audiovisual recording, a copy of the No. 27/2006
s. 17(20)(b).
recording as soon as practicable but not
more than 7 days after the information
is given, and, if a transcript of the
recording is prepared, a copy of the
transcript as soon as practicable; and
(ii) if the giving of the information is
recorded in writing, a copy of the
record forthwith.
(10) If an application is made by telephone, whether or
not an interim order is made, the applicant must,
not later than the day following the making of the
application, send the affidavit duly sworn to the

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No. 6231 of 1958
Part III—Procedure and punishment

magistrate or Children's Court magistrate who

constituted the court that heard the application.
S. 464X 464X Warrants
inserted by
No. 84/1989
s. 5,
(1) If an application is made to 39—
substituted by
No. 129/1993 (a) the Magistrates' Court under section 464T(1)
s. 7. 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—
(a) give reasons for its decision; and
(b) cause a note of the reasons to be entered in
the records of the 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).

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No. 6231 of 1958
Part III—Procedure and punishment

(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).
464Y Caution before forensic procedure S. 464Y
inserted by
No. 84/1989
s. 5,
amended by
No. 84/1989
s. 8(c),
substituted by
No. 129/1993
s. 7.

(1) Immediately before a forensic procedure is S. 464Y(1)

amended by
conducted in accordance with sections 464R Nos 23/1994
to 464ZA or section 464ZF or 464ZFAAA (as the s. 118(Sch. 1
item 15.7),
case may be), a police officer must inform the 81/1997
person on whom the procedure is to be conducted s. 20(a)(b),
27/2006 s. 5,
that he or she does not have to answer any 13/2010
questions asked by the registered medical s. 51(Sch.
item 17.5),
practitioner, nurse, midwife or other person 37/2014
conducting the procedure but that anything the s. 10(Sch.
item 36.31).
person does say may be given in evidence.
(2) A police officer who informs a person of the S. 464Y(2)
amended by
matters in subsection (1)— No. 37/2014
s. 10(Sch.
item 36.31).

(a) must record the giving of the information S. 464Y(2)(a)

amended by
and the person's responses, if any, by audio No. 27/2006
recording or audiovisual recording or in s. 17(21)(a).

writing signed by the person or, if the person

refuses to sign, by an independent person, if
present; and
(b) must give or send by registered post to the
person or his or her legal practitioner,
without charge—

Authorised by the Chief Parliamentary Counsel

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Part III—Procedure and punishment

S. 464Y(2)(b)(i) (i) if the giving of the information and the

amended by responses are recorded by audio
No. 27/2006
s. 17(21)(b). 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, a
copy of the record forthwith.
S. 464Z 464Z Procedure for taking samples etc.
inserted by
No. 84/1989
s. 5,
(1) The Chief Commissioner of Police may authorise
substituted by a person to take non-intimate samples or to
No. 129/1993
s. 7.
conduct physical examinations of a non-intimate
part of the body for the purposes of this
Subdivision.
S. 464Z(1A) (1A) The Chief Commissioner of Police may authorise
inserted by
No. 16/2002 a police officer or police custody officer, or a
s. 7(1), class of police officers or police custody officers,
amended by
Nos 37/2014 to supervise the taking of scrapings from the
s. 10(Sch. mouth for the purposes of subsection (3A).
item 36.32(a)),
59/2015
s. 27(1).

S. 464Z(2) (2) The Chief Commissioner must give a copy of an

amended by
No. 16/2002 authority under subsection (1) or (1A) to the
s. 7(2). 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.

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Part III—Procedure and punishment

(3) For the purposes of a forensic procedure under

this Subdivision—
(a) an intimate sample (other than a dental S. 464Z(3)(a)
amended by
impression) or a physical examination of an Nos 81/1997
intimate part of the body may only be taken s. 19(2),
13/2010
or conducted by a medical practitioner or s. 51(Sch.
nurse or midwife of the same sex, if item 17.6(a)).

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;
(c) a non-intimate sample or a physical S. 464Z(3)(c)
amended by
examination of a non-intimate part of the Nos 81/1997
body may be taken or conducted by a s. 19(2),
16/2002
medical practitioner or nurse, or midwife or s. 7(3),
a person authorised in accordance with 13/2010
s. 51(Sch.
subsection (1). item 17.6(b)).

(3AA) Despite subsection (3), a person from whom a S. 464Z(3AA)

inserted by
sample of hair, other than pubic hair, is to be No. 41/2004
taken in accordance with— s. 13(1),
amended by
No. 37/2014
(a) an authorisation given under section 464SA; s. 10(Sch.
or item 36.32(b)).

(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

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Part III—Procedure and punishment

(d) it is appropriate for the person to take the

scraping.
S. 464Z(3AB) (3AB) An election made by a person under
inserted by
No. 41/2004 subsection (3AA) must be recorded by audio
s. 13(1), recording or audiovisual recording or in writing
amended by
No. 27/2006 signed by the person.
s. 17(22).

S. 464Z(3A) (3A) Nothing in subsection (3) prevents a person from

inserted by
No. 16/2002 whom a scraping from the mouth is to be taken
s. 7(4), from taking the scraping himself or herself under
amended by
Nos 37/2014 the supervision of a police officer or police
s. 10(Sch. custody officer authorised in accordance with
item
36.32(c)(i)), subsection (1A) if—
59/2015
s. 27(2).

S. 464Z(3A)(a) (a) the police officer or police custody officer

amended by considers it appropriate for the person to do
Nos 37/2014
s. 10(Sch. so; and
item
36.32(c)(ii)),
59/2015
s. 27(2).

S. 464Z(3A)(b) (b) the person consents to taking the scraping

amended by
No. 27/2006 and the consent is recorded by audio
s. 17(23). recording or audiovisual recording or in
writing signed by the person.
S. 464Z(3B) (3B) The police officer referred to in subsection (3AA),
inserted by
No. 16/2002 or the police officer or police custody officer
s. 7(4), referred to in subsection (3A), must give or send
amended by
Nos 41/2004 by registered post to the person from whom a
s. 13(2)(a), scraping is taken or his or her legal practitioner,
37/2014
s. 10(Sch. without charge—
item 36.32(d)),
59/2015
s. 27(3).

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Part III—Procedure and punishment

(a) if the election or consent is recorded by S. 464Z(3B)(a)

audio recording or audiovisual recording, a amended by
Nos 41/2004
copy of the recording as soon as practicable s. 13(2)(b)(i)(ii),
but not more than 7 days after the election is 27/2006
s. 17(24).
made or the consent is given, and, if a
transcript of the recording is prepared, a
copy of the transcript as soon as practicable;
and
(b) if the election or consent is recorded in S. 464Z(3B)(b)
amended by
writing, a copy of the record forthwith. No. 41/2004
s. 13(2)(c).

(4) A person from whom an intimate sample is to be S. 464Z(4)

amended by
taken (except a scraping from a person's mouth to Nos 81/1997
be taken by that person) or who is to undergo a s. 19(3),
41/2004
physical examination of an intimate part of the s. 13(3),
body may request that a medical practitioner or 13/2010
s. 51(Sch.
nurse or midwife or, if a dental impression is to be item 17.6(c)).
taken, a dentist of his or her choice take the
sample or conduct the examination or be present
during the forensic procedure.
(5) If a medical practitioner, nurse, midwife or dentist S. 464Z(5)
amended by
is chosen by a person under subsection (4)— Nos 81/1997
s. 19(4),
13/2010
s. 51(Sch.
item 17.6(d)).

(a) if practicable, the forensic procedure is to be

conducted by or in the presence of the
chosen person; and
(b) if the chosen person conducts the forensic S. 464Z(5)(b)
amended by
procedure, a medical practitioner, nurse or No. 81/1997
dentist (as the case requires) nominated by s. 19(4).

the police must be present.

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Part III—Procedure and punishment

(6) A sample must be taken or a physical examination

must be conducted—
S. 464Z(6)(a) (a) if taken or conducted by a medical
amended by
Nos 81/1997 practitioner, nurse, midwife or dentist, in a
s. 21(a), manner consistent with the appropriate
13/2010
s. 51(Sch. medical or dental standards; and
item 17.6(e)).

S. 464Z(6)(ab) (ab) in the presence of a police officer or police

inserted by
No. 81/1997 custody officer who is present to witness the
s. 21(b), taking of the sample or the conduct of the
amended by
Nos 16/2002 physical examination, subject to subsection
s. 7(5)(a), (9), and is of the same sex, if practicable, as
37/2014
s. 10(Sch. the person from whom the sample is to be
item 36.32(d)), taken or who is to be examined; and
59/2015
s. 27(4).

(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) (i) a police officer or police custody
amended by
Nos 81/1997 officer required by paragraph (ab) to be
s. 21(c), present; and
37/2014
s. 10(Sch.
item 36.32(d)),
59/2015
s. 27(4).

(ii) a person required by section 464ZA to

be present; and
S. 464Z(6) (iii) a person referred to in subsection (5);
(c)(iii)
amended by and
No. 16/2002
s. 7(5)(b).

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Part III—Procedure and punishment

(iv) a police officer or police custody S. 464Z(6)

officer referred to in subsection (3A). (c)(iv)
inserted by
No. 16/2002
s. 7(5)(b).
amended by
Nos 37/2014
s. 10(Sch.
item 36.32(d)),
59/2015
s. 27(4).

(7) A blood sample for the purposes of this

Subdivision must not exceed 10 millilitres.
(7A) For the purposes of this Subdivision, a person is S. 464Z(7A)
inserted by
authorised to take a sample of hair by removing No. 41/2004
the root of the hair only if— s. 13(4).

(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.
(8) This Subdivision does not compel any medical S. 464Z(8)
amended by
practitioner, nurse, midwife or dentist to take a Nos 81/1997
sample from a person nor to conduct a physical s. 19(5),
13/2010
examination of a person nor to be present when a s. 51(Sch.
sample is taken or an examination is conducted. item 17.6(f)).

(9) If a scraping is to be taken from a person's mouth S. 464Z(9)

inserted by
and the person is to take it, the witness required by No. 16/2002
subsection (6)(ab) to be present need not be of the s. 7(6).

same sex as the person.

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Part III—Procedure and punishment

S. 464ZA 464ZA Execution of authorisation or order

(Heading)
inserted by
No. 41/2004
s. 14(1).
S. 464ZA
inserted by
No. 84/1989
s. 5,
substituted by
No. 129/1993
s. 7.

S. 464ZA(1) (1) If—

amended by
No. 81/1997
s. 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)).

(a) a senior police officer gives an authorisation

under section 464SA for the conduct of a
non-intimate compulsory procedure; 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) (c) a court makes an order under section 464ZF
amended by
No. 27/2006 or 464ZFAAA for the conduct of a forensic
s. 6(a). procedure—
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
conduct the procedure.
S. 464ZA(2) (2) If practicable, a police officer acting in
amended by
No. 37/2014 accordance with subsection (1) and any person
s. 10(Sch. assisting the police officer—
item 36.33(b)).

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Part III—Procedure and punishment

(a) must be of the same sex as the person 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.
(4) The taking of an intimate sample (other than a S. 464ZA(4)
amended by
blood sample or a scraping from a person's mouth No. 16/2002
taken by that person) or the examination of an s. 8(1).

intimate part of the body in accordance with the

order of a court—
(a) must be recorded by audiovisual recording, if S. 464ZA(4)(a)
amended by
practicable and if the person on whom the No. 27/2006
procedure is to be conducted consents; or s. 17(25).

(b) must be witnessed by an independent S. 464ZA(4)(b)

amended by
medical practitioner or independent nurse or Nos 81/1997
independent midwife or, if a dental s. 19(6)(a)(b),
13/2010
impression is to be taken, an independent s. 51(Sch.
dentist or the medical practitioner, nurse, item 17.8).

midwife or dentist chosen by the person to

be present at the procedure.
(5) All other compulsory or forensic procedures S. 464ZA(5)
amended by
(except a scraping from a person's mouth taken by Nos 81/1997
that person) conducted in accordance with the s. 22(2),
16/2002
authorisation of a senior police officer or the order s. 8(2),
of a court must be recorded by audiovisual 41/2004
s. 14(3),
recording, if practicable, or witnessed by an 27/2006
independent person. s. 17(26).

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Part III—Procedure and punishment

S. 464ZA(6) (6) After an authorisation under section 464SA or an

substituted by order under section 464T(3), 464U(7), 464V(5),
No. 81/1997
s. 22(3), 464ZF or 464ZFAAA is executed—
amended by
Nos 41/2004
s. 14(4)(a),
27/2006
s. 6(b).

S. 464ZA(6)(a) (a) if the procedure was recorded by audiovisual

amended by
Nos 41/2004 recording, the person who recorded the
s. 14(4)(b), conduct of the procedure, or the police
27/2006
s. 17(27), officer who witnessed the conduct of the
37/2014 procedure, must endorse on the authorisation
s. 10(Sch.
item 36.33(c)). or order his or her own name and sign the
endorsement; or
S. 464ZA(6)(b) (b) if an independent medical practitioner, nurse,
amended by
Nos 41/2004 midwife, dentist or other person witnessed
s. 14(4)(b), the conduct of the procedure, the witness
13/2010
s. 51(Sch. must endorse on the authorisation or order
item 17.9). his or her own name and sign the
endorsement.
S. 464ZA(6A) (6A) A police officer must give a copy of the
inserted by
No. 81/1997 authorisation or order so endorsed to the person
s. 22(3), on whom the procedure was conducted.
amended by
Nos 41/2004
s. 14(5),
37/2014
s. 10(Sch.
item 36.33(c)).

S. 464ZA(7) (7) If a compulsory or forensic procedure conducted

amended by
Nos 81/1997 in accordance with an authorisation of a senior
s. 22(4), police officer or an order of a court is recorded by
41/2004
s. 14(6)(a)(b), audiovisual recording, the applicant for the
27/2006 authorisation or order must—
s. 17(28).
(a) without charge; and

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Part III—Procedure and punishment

(b) as soon as practicable but not more than

7 days after the procedure was conducted—
give or send by registered post a copy of the
audiovisual recording to the person on whom the
procedure was conducted or his or her legal
practitioner.
464ZB Analysis of samples S. 464ZB
inserted by
No. 84/1989
(1) If a sample taken in accordance with this s. 5,
Subdivision is analysed, it must be analysed— substituted by
No. 129/1993
(a) in accordance with the prescribed standards, s. 7.
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.

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464ZC 464ZC Analysis of material found at scene of offence etc.

inserted by
No. 84/1989
s. 5,
substituted by
No. 129/1993
s. 7.

S. 464ZC(1) (1) If material reasonably believed to be from the

amended by
No. 81/1997 body of a person who committed an indictable
s. 23 (ILA offence has been found—
s. 39B(1)).
(a) at the scene of the offence; or
(b) on the victim of the offence or on anything
reasonably believed to have been worn or
carried by the victim when the offence was
committed; or
(c) on an object or person reasonably believed to
have been associated with the commission of
the offence—
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) (2) If material, reasonably believed to be from the
inserted by
No. 81/1997 body of a victim of an indictable offence which
s. 23. 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.

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No. 6231 of 1958
Part III—Procedure and punishment

(3) If— S. 464ZC(3)

inserted by
(a) a sample has been taken from a child in No. 81/1997
connection with an investigation into an s. 23.

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.
(4) A part of that child's sample requested by a person S. 464ZC(4)
inserted by
under subsection (3) must be delivered to that No. 81/1997
person provided that there is sufficient material to s. 23.

be analysed both in the investigation of the

offence and on behalf of the person suspected of
having committed the offence.
464ZD Forensic reports to be made available S. 464ZD
inserted by
No. 84/1989
If a forensic procedure has been conducted on a s. 5,
person in accordance with section 464R, 464SA, amended by
No. 84/1989
464T(3), 464U(7), 464V(5), 464ZF(2) or (3) ss 7(l)(m),
or 464ZFAAA(2) or sections 464ZGB to 464ZGD 8(d),
substituted by
or otherwise in accordance with this Subdivision, No. 129/1993
a copy of every forensic report must be given or s. 7,
amended by
sent by registered post as soon as practicable to Nos 80/1998
that person (or, in the case of a forensic procedure s. 3(a)(i)–(iii),
41/2004 s. 15,
conducted in accordance with section 464ZF or 27/2006 s. 7.
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.

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Part III—Procedure and punishment

S. 464ZE 464ZE Evidence relating to forensic procedures 40

inserted by
No. 84/1989
s. 5,
substituted by
No. 129/1993
s. 7.

S. 464ZE(1) (1) Subject to subsection (4) and section 464ZGO,

amended by
Nos 81/1997 evidence obtained as a result of a forensic
s. 24(1)(a), procedure conducted on a person, or from a
16/2002 s. 9.
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) (a) the requirements of sections 464R to 464ZA,
amended by
No. 81/1997 sections 464ZF to 464ZFB,
s. 24(1)(b). sections 464ZGB to 464ZGD or section
464ZGF (as the case may be) have not been
complied with; or
S. 464ZE (ab) a copy of a forensic report relating to the
(1)(ab)
inserted by procedure required by section 464ZD to be
No. 80/1998 given or sent by registered post to a person
s. 3(b).
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
(b) 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

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Part III—Procedure and punishment

(d) any sample taken and any information which S. 464ZE(1)(d)

may identify the person contained in— amended by
Nos 81/1997
(i) any record of or report relating to the s. 24(1)(c),
27/2006 s. 8.
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,
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).
(2) A court may admit evidence obtained as a result S. 464ZE(2)
amended by
of a forensic procedure, or from a sample Nos 81/1997
voluntarily given by a person in accordance with s. 24(2)(a),
80/1998
sections 464ZGB to 464ZGD, otherwise s. 3(c).
inadmissible by reason of subsection (1)(a)
or (1)(ab) if—
(a) the prosecution satisfies the court on the S. 464ZE(2)(a)
amended by
balance of probabilities that the No. 81/1997
circumstances justify the reception of the s. 24(2)(b).

evidence; or
(b) the accused consents to the reception of the
evidence.
(2A) In determining whether the circumstances justify S. 464ZE(2A)
inserted by
the reception of evidence otherwise inadmissible No. 81/1997
by reason of subsection (1)(a) or (1)(ab), the court s. 24(3),
amended by
may have regard to the following— No. 80/1998
s. 3(c).
(a) the probative value of the evidence,
including whether equivalent evidence or
evidence of equivalent probative value could
have been obtained by other means;

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Part III—Procedure and punishment

S. 464ZE (b) the reasons given for the failure to comply

(2A)(b) with a provision referred to in
amended by
No. 80/1998 subsection (1)(a) or (1)(ab);
s. 3(c).

(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) (3) The probative value of the evidence does not by
substituted by
No. 81/1997 itself justify the reception of the evidence.
s. 24(3).

S. 464ZE(4) (4) If the conduct of a forensic procedure is recorded

amended by
No. 27/2006 by audiovisual recording, the recording is
s. 17(29). inadmissible as evidence except—
(a) to establish or rebut an allegation that
unreasonable force was used to enable 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.

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Part III—Procedure and punishment

(5) If evidence obtained as a result of 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.
464ZF Forensic procedure following the commission of S. 464ZF
inserted by
forensic sample offence No. 84/1989
s. 5,
(1) In this section— substituted by
Nos 129/1993
s. 7, 81/1997
s. 25.

child means a child aged 10 years or more but S. 464ZF(1)

def. of
under 18 years; child
amended by
No. 72/2004
s. 31(1).

forensic sample offence means any indictable S. 464ZF(1)

def. of
offence or any offence specified in forensic
Schedule 8. sample
offence
amended by
No. 72/2013
s. 9(1).

(2) If at any time on or after the commencement of S. 464ZF(2)

amended by
section 25 of the Crimes (Amendment) Act 1997 Nos 14/2006
a court finds a person guilty of— s. 13(1)(a),
37/2014
s. 10(Sch.
item 36.34).

(a) a forensic sample offence (within the S. 464ZF(2)(a)

amended by
meaning of that term as then in force); or No. 72/2013
s. 9(2).

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No. 6231 of 1958
Part III—Procedure and punishment

(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) (2AA) If the finding of guilt referred to in
inserted by
No. 35/2002 subsection (2)—
s. 28(Sch.
item 3.3), (a) occurs between 1 January 2002 and the
amended by
No. 14/2006
commencement of item 3.4 in the Schedule
s. 13(1)(b). 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) (2A) An order under subsection (2) in respect of a
inserted by
No. 16/2002 person who is not a detained or protected person
s. 10. 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—

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Part III—Procedure and punishment

specified in the order to undergo the forensic

procedure.
(3) If— S. 464ZF(3)
amended by
No. 37/2014
s. 10(Sch.
item 36.34).

(a) at any time before the commencement of S. 464ZF(3)(a)

amended by
section 25 of the Crimes (Amendment) Act No. 72/2013
1997, a person has been found guilty by a s. 9(3).

court of a forensic sample offence (within

the meaning of that term as then in force);
and
(b) at any time on or after that commencement, S. 464ZF(3)(b)
amended by
that person is serving a term of imprisonment Nos 48/2006
or a period of detention in a prison, police s. 42(Sch.
item 9.3),
gaol or youth justice centre or as a security 26/2014
patient in a designated mental health service s. 455(Sch.
item 7.4).
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.
(4) In any application to a court under subsection (2) S. 464ZF(4)
amended by
or (3), the police officer must specify the type of No. 37/2014
sample (whether intimate or non-intimate) sought s. 10(Sch.
item 36.34).
to be taken in the forensic procedure.
(5) If, on or after the commencement of the Crimes S. 464ZF(5)
substituted by
(Amendment) Act 2004, an application under No. 41/2004
subsection (2) or (3) is made in respect of a person s. 16,
amended by
aged 18 years or more— No. 72/2004
s. 31(2).

(a) the application may be made without notice

to any person; and

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Part III—Procedure and punishment

(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) (5A) If, on or after the commencement of the Crimes
inserted by
No. 41/2004 (Amendment) Act 2004, an application under
s. 16. 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) (5B) In exercising the right of address under
inserted by
No. 41/2004 subsection (5A)(d), a child may be represented by
s. 16. a legal practitioner, or, with the leave of the court,
a parent or guardian of the child.
S. 464ZF(6) (6) An order made by a court under subsection (2)
amended by
No. 14/2006 or (3) before the appeal period in relation to the
s. 13(1)(c)(i)(ii). 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

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Part III—Procedure and punishment

(b) an appeal against conviction (if any) is S. 464ZF(6)(b)

finally determined and the conviction for the amended by
No. 14/2006
forensic sample offence is upheld— s. 13(1)(c)(ii).

whichever is the later.

(6A) If leave to appeal against a conviction for a S. 464ZF(6A)
inserted by
forensic sample offence is sought after the expiry No. 14/2006
of the appeal period in relation to the conviction, s. 13(2).

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.
(6B) If an order made by a court under subsection (2) S. 464ZF(6B)
inserted by
has been executed after the expiration of the No. 14/2006
appeal period in relation to the conviction for the s. 13(2).

forensic sample offence and leave to appeal

against the conviction is granted after the expiry
of that period—
(a) any sample and any related material and S. 464ZF
(6B)(a)
information taken may be retained by a amended by
police officer pending the final determination No. 37/2014
s. 10(Sch.
of the appeal against conviction; and item 36.34).

(b) if, on appeal, the conviction for the forensic S. 464ZF

(6B)(b)
sample offence is set aside, the Chief amended by
Commissioner of Police must without delay No. 68/2009
s. 97(Sch.
destroy, or cause to be destroyed, any sample item 40.36).
taken and any related material and
information.

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Part III—Procedure and punishment

S. 464ZF(7) (7) If on appeal a conviction for the forensic sample

amended by offence is set aside, an order made by a court
No. 68/2009
s. 97(Sch. under subsection (2) or (3) ceases to have effect.
item 40.36).

(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
(c) may make such inquiries on oath 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) (b) inform the person ordered to undergo the
amended by
No. 37/2014 forensic procedure that a police officer may
s. 10(Sch. use reasonable force to enable the procedure
item 36.34).
to be conducted.
(10) A failure of a court to comply with subsection (9)
does not invalidate any order made by it but
constitutes non-compliance for the purposes of
section 464ZE(1)(a).

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Part III—Procedure and punishment

* * * * * S. 464ZF(11)
repealed by
No. 80/1998
s. 3(d).

464ZFAAA Forensic procedure following finding of not S. 464ZFAAA

inserted by
guilty because of mental impairment No. 27/2006
s. 9.
(1) In this section—
child means a child aged 10 years or more but
under 18 years;
forensic sample offence means any indictable S. 464ZFAAA
(1) def. of
offence or any offence specified in forensic
Schedule 8, other than an offence heard and sample
offence
determined summarily. amended by
Nos 68/2009
s. 97(Sch.
item 40.37),
72/2013
s. 10(1).

(2) If a court finds a person not guilty because of S. 464ZFAAA

(2)
mental impairment of— amended by
No. 37/2014
s. 10(Sch.
item 36.34).

(a) a forensic sample offence (within the S. 464ZFAAA

(2)(a)
meaning of that term as then in force); or amended by
No. 72/2013
s. 10(2).

(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

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

sample from any part of the body and the court

may make an order accordingly.
S. 464ZFAAA (3) In an application under subsection (2), the police
(3)
amended by officer must specify the type of sample (whether
No. 37/2014 intimate or non-intimate) sought to be taken in the
s. 10(Sch.
item 36.34). 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—
(a) must take into account the seriousness of the
circumstances of the forensic sample offence
of which the person has been found not
guilty because of mental impairment; and
(b) must be satisfied that, in all the
circumstances, the making of the order is
justified; and
(c) may make such inquiries on oath or
otherwise as it considers desirable.
(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—
(a) is not a party to the application; and

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Part III—Procedure and punishment

(b) may not call or cross-examine any witnesses;

and
(c) may not address the court other than in
response to inquiries made by the court
under subsection (5)(c).
(8) In exercising the right of address under
subsection (7)(c), a 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
(b) inform the person ordered to undergo the S. 464ZFAAA
(10)(b)
forensic procedure that a police officer may amended by
use reasonable force to enable the procedure No. 37/2014
s. 10(Sch.
to be conducted. item 36.34).

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No. 6231 of 1958
Part III—Procedure and punishment

(11) A failure of a court to comply with

subsection (10) does not invalidate any order
made by it but constitutes non-compliance for the
purposes of section 464ZE(1)(a).
(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—

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No. 6231 of 1958
Part III—Procedure and punishment

(a) any sample and any related material and S. 464ZFAAA

information taken may be retained by a (14)(a)
amended by
police officer but may not be used for any No. 37/2014
purpose pending the final determination of s. 10(Sch.
item 36.34).
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.
464ZFAA Notice to attend for forensic procedure S. 464ZFAA
inserted by
No. 16/2002
s. 11.

(1) If a senior police officer is satisfied that— S. 464ZFAA(1)

amended by
No. 37/2014
(a) an order under section 464ZF(2) in respect of s. 10(Sch.
a person was made— item 36.35(a)).

(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

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No. 6231 of 1958
Part III—Procedure and punishment

(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 (f) the name, rank and telephone number of the
(2)(f)
amended by senior police officer serving the notice.
No. 37/2014
s. 10(Sch.
item 36.35(b)).

(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

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

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.
(6) If a person does not comply with a notice served S. 464ZFAA(6)
amended by
under this section, a police officer may apply to a No. 37/2014
magistrate or a registrar of the Magistrates' Court s. 10(Sch.
item 36.35(c)).
for a warrant under subsection (7).
(7) If a magistrate or a registrar to whom such an
application is made is satisfied by evidence on
oath or by 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—
(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 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).

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464ZFA 464ZFA Warrants issued for forensic procedures under

(Heading) section 464ZF or 464ZFAAA
inserted by
No. 27/2006
s. 10(1).
S. 464ZFA
inserted by
No. 81/1997
s. 25.

S. 464ZFA(1) (1) If—

substituted by
No. 27/2006
s. 10(2),
amended by
No. 48/2006
s. 42(Sch.
item 9.3).

S. 464ZFA (a) before a court makes an order under

(1)(a)
amended by section 464ZF(3) directing a person to
No. 26/2014 undergo a forensic procedure, that person has
s. 455(Sch.
item 7.5). 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—
(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

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No. 6231 of 1958
Part III—Procedure and punishment

(f) if that application is granted, to detain the

person for as long as reasonably permits the
conduct of the forensic procedure.
(1A) If a court makes an order under section 464ZF(2) S. 464ZFA(1A)
inserted by
or 464ZFAAA(2) directing a person to undergo a No. 16/2002
forensic procedure and the person does not s. 12(1),
amended by
comply with a direction referred to in Nos 27/2006
section 464ZF(2A) or 464ZFAAA(9), as the case s. 10(3),
20/2011
may be, a police officer may apply to a magistrate s. 5(1),
or a registrar of the Magistrates' Court for a 37/2014
s. 10(Sch.
warrant under subsection (1B). item 36.36(a)).

(1B) If a magistrate or a registrar to whom such an S. 464ZFA(1B)

inserted by
application is made is satisfied by evidence on No. 16/2002
oath or by affidavit that the person has not s. 12(1),
amended by
complied with a direction referred to in No. 27/2006
section 464ZF(2A) or 464ZFAAA(9), the s. 10(4).

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 person named in the
warrant is suspected to be; and
(b) to arrest the person; and
(c) to detain the person for as long as reasonably
permits the conduct of the forensic
procedure.
(2) A warrant issued under subsection (1) or (1B) S. 464ZFA(2)
amended by
may be directed to— No. 16/2002
s. 12(2)(a).

(a) a named police officer; or S. 464ZFA

(2)(a)
amended by
No. 37/2014
s. 10(Sch.
item 36.36
(b)(i)).

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No. 6231 of 1958
Part III—Procedure and punishment

S. 464ZFA (b) generally all police officers.

(2)(b)
amended by
No. 37/2014
s. 10(Sch.
item
36.36(b)(ii)).

S. 464FA(3) (3) A warrant issued under subsection (1) or (1B)

amended by
Nos 16/2002 directed to a named police officer may be
s. 12(2)(b), executed by any police officer.
37/2014
s. 10(Sch.
item 36.36(c)).

S. 464ZFA(4) (4) If a court issues a warrant under subsection (1) or

amended by
No. 16/2002 a magistrate or registrar issues a warrant under
s. 12(2)(c)(i). subsection (1B), the court, magistrate or registrar
must—
S. 464ZFA (a) give reasons for the decision; and
(4)(a)
amended by
No. 16/2002
s. 12(2)(c)(ii).

(b) cause a note of the reasons to be entered in

the records of the court.
S. 464ZFA(5) (5) A failure of a court, magistrate or registrar to
amended by
No. 16/2002 comply with subsection (4) does not invalidate
s. 12(2)(d)(i)(ii). any order made by the court, magistrate or
registrar but constitutes non-compliance for the
purposes of section 464ZE(1)(a).
S. 464ZFA(6) (6) If a person is arrested under a warrant issued
amended by
No. 16/2002 under subsection (1) or (1B), the warrant ceases to
s. 12(2)(e). have effect immediately after the procedure is
completed or on the expiration of a reasonable
time (whichever is the earlier).

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No. 6231 of 1958
Part III—Procedure and punishment

(7) A police officer who executes a warrant issued S. 464ZFA(7)

under subsection (1B) must, as soon as practicable inserted by
No. 16/2002
after executing the warrant— s. 12(3),
amended by
(a) endorse the warrant to that effect; and No. 37/2014
s. 10(Sch.
item
36.36(d)(i)).

(b) cause to be lodged with a registrar of the S. 464ZFA

(7)(b)
Magistrates' Court a report signed by the amended by
police officer and containing particulars of— No. 37/2014
s. 10(Sch.
item
(i) the date and time at which the person 36.36(d)(ii)).
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.
464ZFB Retention of information following finding of S. 464ZFB
(Heading)
guilt etc. inserted by
No. 27/2006
s. 11(1).
S. 464ZFB
inserted by
No. 81/1997
s. 26.

(1AA) If— S. 464ZFB

(1AA)
inserted by
(a) a forensic procedure is conducted on a No. 72/2013
person of or above the age of 18 years in s. 11(1).
accordance with section 464R, 464SA,
464T(3) or 464V(5); and

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No. 6231 of 1958
Part III—Procedure and punishment

(b) a court finds the person guilty, or not guilty

because of mental impairment, of—
(i) the indictable offence in respect of
which the forensic procedure was
conducted; or
(ii) any other indictable offence arising out
of the same circumstances; or
(iii) any other indictable offence in respect
of which evidence obtained as a result
of the forensic procedure had probative
value—
the sample taken and any related material and
information may be retained indefinitely.
S. 464ZFB (1AB) Subsection (1AA) does not apply if—
(1AB)
inserted by
No. 72/2013
(a) on appeal against conviction, the finding of
s. 11(1). 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) (1) If at any time on or after the commencement
amended by
Nos 16/2002 of section 26 of the Crimes (Amendment)
s. 13(1)(a)(b), Act 1997—
14/2006
s. 14(a),
72/2013
s. 11(2)(c),
37/2014
s. 10(Sch.
item 36.37).

S. 464ZFB (a) a forensic procedure is conducted on a

(1)(a)
amended by child in accordance with section 464U(7)
No. 41/2004 or 464V(5); and
s. 17,
substituted by
No. 72/2013
s. 11(2)(a).

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No. 6231 of 1958
Part III—Procedure and punishment

(b) a court finds the child guilty of— S. 464ZFB

(1)(b)
(i) the offence in respect of which the amended by
forensic procedure was conducted; or No. 72/2013
s. 11(2)(b).
(ii) any other offence arising out of the
same circumstances; or
(iii) any other offence in respect of which
evidence obtained as a result of the
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.
(1A) If— S. 464ZFB(1A)
inserted by
No. 27/2006
s. 11(2),
amended by
No. 37/2014
s. 10(Sch.
item 36.37).

(a) a forensic procedure is conducted on a child S. 464ZFB

(1A)(a)
in accordance with section 464U(7) substituted by
or 464V(5); and No. 72/2013
s. 11(3)(a).

(b) a court finds the child not guilty because of S. 464ZFB

(1A)(b)
mental impairment of— amended by
No. 72/2013
(i) the offence in respect of which the s. 11(3)(b).
forensic procedure was conducted; or

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No. 6231 of 1958
Part III—Procedure and punishment

(ii) any other offence arising out of the

same circumstances; or
(iii) any other offence in respect of which
evidence obtained as a result of the
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) (1B) Subsection (1A) does not apply to an offence
inserted by
No. 27/2006 heard and determined summarily.
s. 11(2),
amended by
No. 68/2009
s. 97(Sch.
item 40.38).

S. 464ZFB(2) (2) A court hearing an application under

amended by
No. 27/2006 subsection (1) or (1A)—
s. 11(3)(a).

S. 464ZFB (a) must take into account the seriousness of the

(2)(a)
amended by circumstances of the offence in determining
No. 27/2006 whether to make the order under
s. 11(3)(b).
subsection (1) or (1A), as the case requires;
and
(b) must be satisfied that, in all the
circumstances, the making of the order is
justified; and
(c) may make such inquiries on oath or
otherwise as it considers desirable.

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Part III—Procedure and punishment

(2A) An order made under subsection (1) before the S. 464ZFB(2A)

expiry of the appeal period in respect of the inserted by
No. 16/2002
conviction for the offence or the final s. 13(2),
determination of an appeal against conviction amended by
No. 14/2006
(whichever is the later)— s. 14(b)(i)(ii).

(a) takes effect on that expiry or final

determination; and
(b) has no effect if, on appeal against conviction, S. 464ZFB
(2A)(b)
the finding of guilt or conviction is set aside. 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)).

(2B) An order made under subsection (1A) before the S. 464ZFB(2B)

inserted by
expiry of the appeal period in respect of the No. 27/2006
verdict of not guilty because of mental impairment s. 11(4).

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.
(3) If a court makes an order under subsection (1) S. 464ZFB(3)
amended by
or (1A), it must give reasons for its decision and No. 27/2006
cause a copy of the order and reasons to be served s. 11(5).

on the person on whom the forensic procedure

was conducted.
(4) A failure of a court to comply with subsection (3)
does not invalidate any order made by it but
constitutes non-compliance for the purposes of
section 464ZE(1)(a).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

S. 464ZFC 464ZFC Destruction of information following finding of

(Heading) guilt etc.
inserted by
No. 27/2006 (1) Subject to section 464ZFD(2), if—
s. 12(1).
S. 464ZFC
inserted by
No. 81/1997
s. 26.

S. 464ZFC (aa) a finding of guilt, a conviction or a verdict of

(1)(aa)
inserted by not guilty because of mental impairment
No. 72/2013 referred to in section 464ZFB(1AA) is set
s. 12(a).
aside on appeal; or
S. 464ZFC (a) a police officer does not make an application
(1)(a)
amended by under section 464ZFB(1) or (1A) within the
Nos 27/2006 period specified by that subsection; or
s. 12(2),
37/2014
s. 10(Sch.
item 36.37).

S. 464ZFC (b) a court refuses to make an order under

(1)(b)
amended by section 464ZFB(1) or (1A)—
No. 72/2013
s. 12(b).

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.

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No. 6231 of 1958
Part III—Procedure and punishment

(3) A person who knowingly—

(a) fails to destroy; or
(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 (120 penalty units maximum).
464ZFD Victorian DNA database S. 464ZFD
(Heading)
substituted by
No. 32/2007
s. 5(1).
S. 464ZFD
inserted by
No. 81/1997
s. 26.

(1AA) The Chief Commissioner of Police may keep a S. 464ZFD

(1AA)
DNA database system. inserted by
No. 32/2007
s. 5(2).

(1) Information (including information which may S. 464ZFD(1)

amended by
identify the person on whom a forensic procedure Nos 27/2006
was conducted) obtained from the analysis of s. 13, 32/2007
s. 5(3).
samples taken or procedures conducted in
accordance with sections 464R to 464ZA,
section 464ZF or 464ZFAAA or sections 464ZGB
to 464ZGD (as the case may be), and which in
accordance with this Subdivision may be retained,

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Part III—Procedure and punishment

may be included in the DNA database system kept

under subsection (1AA).
S. 464ZFD(2) (2) Information (other than information which may
amended by
Nos 16/2002 identify the person on whom a forensic procedure
s. 14, 32/2007 was conducted) obtained from the analysis of
s. 5(4).
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 464ZFE Report to Attorney-General
inserted by
No. 81/1997
s. 26.
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
(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
S. 464ZFE(d) (d) if a sample has been destroyed, the date of
amended by
No. 41/2004 destruction and the name of the person who
s. 18(a). has destroyed it; and
S. 464ZFE(e) (e) the number of authorisations given under
inserted by
No. 41/2004 section 464SA within the period to which the
s. 18(b). report relates; and
S. 464ZFE(f) (f) the number of authorisations refused to be
inserted by
No. 41/2004 given under section 464SA within the period
s. 18(b). to which the report relates.

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Part III—Procedure and punishment

464ZG Destruction of identifying information S. 464ZG

inserted by
(1) In this section, relevant offence means— No. 84/1989
s. 5,
substituted by
No. 129/1993
s. 7.

(a) the indictable offence in respect of which the S. 464ZG(1)(a)

amended by
forensic procedure was conducted; or No. 72/2013
s. 13.

(b) any other indictable offence arising out of S. 464ZG(1)(b)

amended by
the same circumstances; or No. 72/2013
s. 13.

(c) any other indictable offence in respect of S. 464ZG(1)(c)

amended by
which the evidence obtained as a result of No. 72/2013
the forensic procedure has probative value. s. 13.

* * * * * S. 464ZG(2)
repealed by
No. 81/1997
s. 27(1).

(3) Subject to section 464ZFD(2), if a forensic S. 464ZG(3)

amended by
procedure has been conducted on a person and— No. 81/1997
s. 27(2)(a)(c).

(a) the person has not been charged with a S. 464ZG(3)(a)

amended by
relevant offence at the end of the period of No. 81/1997
12 months after the conduct of the s. 27(2)(b).

procedure; or
(b) the person has been so charged but the S. 464ZG(3)(b)
amended by
charge is not proceeded with or the person is No. 27/2006
not found guilty (except because of mental s. 14.

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)

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Part III—Procedure and punishment

any sample taken and any related material and

information.
S. 464ZG(4) (4) A sample and any related material and
amended by
No. 81/1997 information referred to in subsection (3) must be
s. 27(3)(a). destroyed—
S. 464ZG(4)(a) (a) in a case to which subsection (3)(a) applies,
amended by
No. 81/1997 immediately after that period of 12 months;
s. 27(3)(b). 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) (5) A police officer may, before the end of a period
amended by
No. 37/2014 referred to in subsection (4), apply, without notice
s. 10(Sch. to any other person, to the Magistrates' Court or
item 36.37).
the Children's Court (as the case requires) for an
order extending that period and, if the court makes
such an order, the reference to the period in
subsection (4) is a reference to that period as so
extended.
(6) If the Magistrates' Court or the Children's Court
makes an order under subsection (5), it must give
reasons for its decision and cause a copy of the
order to be served on the person on whom the
forensic procedure was conducted.
S. 464ZG(7) (7) If a sample or related material and information is
substituted by
No. 81/1997 required to be destroyed in accordance with this
s. 27(4). section, the Chief Commissioner of Police must, if
the person on whom the procedure was conducted
so requests, within 14 days after receiving the

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No. 6231 of 1958
Part III—Procedure and punishment

request, notify in writing that person of whether

the destruction has occurred.
(8) A person who knowingly— S. 464ZG(8)
amended by
Nos 69/1997
(a) fails to destroy; or s. 22(15),
81/1997
s. 27(5)(a)(c).

(b) uses, or causes or permits to be used— S. 464ZG(8)(b)

amended by
No. 81/1997
s. 27(5)(b).

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).
(9) A person who at any time uses, or causes or S. 464ZG(9)
amended by
permits to be used, or otherwise disseminates Nos 69/1997
information derived from, any sample or related s. 22(15),
81/1997
material and information required by this section s. 27(6)(a)–(c).
to be destroyed except in good faith 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).
464ZGA Forensic information from juveniles S. 464ZGA
inserted by
No. 81/1997
(1) Subject to section 464ZFD(2), if— s. 28.
(a) a person 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

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Part III—Procedure and punishment

(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.
(2) Subsection (1) does not apply if the offence in
relation to which the forensic procedure was
conducted was any of the following—
S. 464ZGA (a) murder, attempted murder, manslaughter or
(2)(a)
amended by child homicide;
Nos 77/2005
s. 8(3)(d),
7/2008
s. 7(3)(f),
63/2014
s. 3(5).

(b) an offence or attempt to commit an offence

against section 16, 17, 18, 25, 26, 29 or 31;
(c) an offence or attempt to commit an offence
under Subdivision (8A), (8B), (8C), (8D)
or (8E) of Division 1 of Part I;
(d) an offence or attempt to commit an offence
against section 75 or 75A;
(e) an offence or attempt to commit an offence
against section 197 (in circumstances where
the offence is charged as arson);
(f) an offence or attempt to commit an offence
against section 197A—
and the person has been found guilty of that
offence.

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Part III—Procedure and punishment

464ZGB Samples given voluntarily S. 464ZGB

inserted by
No. 81/1997
s. 28.

(1) A person of or above the age of 18 years may S. 464ZGB(1)

amended by
volunteer to give a sample (whether an intimate or Nos 72/2004
non-intimate sample) to a police officer. s. 32, 37/2014
s. 10(Sch.
item 36.37).

(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.
(3) A person consents in accordance with this section S. 464ZGB(3)
amended by
only if, in the presence of an independent person, No. 37/2014
he or she consents after a police officer has s. 10(Sch.
item 36.37).
informed the person in language likely to be
understood by the person—
(a) that any sample that is given will be
analysed;
(b) that information obtained from the analysis S. 464ZGB
(3)(b)
will be placed on a DNA database and may substituted by
be used for the purpose of a criminal No. 16/2002
s. 15.
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;
(ba) that the person may choose whether the S. 464ZGB
(3)(ba)
information obtained from analysis of the inserted by
sample may be used— No. 16/2002
s. 15.
(i) only for a limited purpose to be
specified by the volunteer; or

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No. 6231 of 1958
Part III—Procedure and punishment

(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 (bb) that information obtained from the analysis
(3)(bb)
inserted by could produce evidence to be used in a court;
No. 16/2002
s. 15.

(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 (e) that the person may consult a legal
(3)(e)
amended by practitioner (whether the term legal
No. 72/2013 practitioner or lawyer is used) before
s. 14.
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 (g) that where the person withdraws his or her
(3)(g)
amended by consent to the retention of the sample, a
No. 37/2014 police officer may nevertheless apply to a
s. 10(Sch.
item 36.37). court for an order to retain the sample and
any related material and information;
S. 464ZGB (h) that the person may request that the sample
(3)(h)
amended by be taken by or in the presence of a medical
No. 13/2010 practitioner, nurse, midwife or dentist of his
s. 51(Sch.
item 17.10). or her choice.

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Part III—Procedure and punishment

(4) A police officer who informs a person of the S. 464ZGB(4)

matters in subsection (3) must— amended by
No. 37/2014
(a) record the giving of the information and the s. 10(Sch.
item 36.37).
person's responses, if any—
(i) in writing signed by both the person
and the independent person witnessing
the giving of the consent; and
(ii) by audiovisual recording, if practicable, S. 464ZGB
(4)(a)(ii)
or otherwise by audio recording; and substituted by
No. 27/2006
s. 17(30)(a).

(b) give or send by registered post to the person

or his or her legal practitioner, without
charge—
(i) a copy of the audiovisual recording or S. 464ZGB
(4)(b)(i)
audio recording as soon as practicable, amended by
but not more than 7 days after the No. 27/2006
s. 17(30)(b).
information is given; and
(ii) a copy of the written record, signed by
both the person and the independent
person, forthwith.
464ZGC Withdrawal of consent prior to giving sample S. 464ZGC
inserted by
No. 81/1997
s. 28.

(1) A person, at any time prior to giving a sample, S. 464ZGC(1)

amended by
may withdraw the consent that was given by him No. 37/2014
or her in accordance with section 464ZGB s. 10(Sch.
item 36.37).
either—
(a) orally; or
(b) in writing—
to a police officer or to the person authorised to
take the sample.

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Part III—Procedure and punishment

S. 464ZGC(2) (2) If, prior to giving a sample, a person withdraws

amended by his or her consent orally, a police officer or the
No. 37/2014
s. 10(Sch. person authorised to take the sample must, as soon
item 36.37). as practicable, record in writing the withdrawal of
consent.
S. 464ZGD 464ZGD Procedure to take sample
inserted by
No. 81/1997
s. 28.
(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 (b) be recorded by audiovisual recording, if
(1)(b)
amended by practicable, and if the person consents.
No. 27/2006
s. 17(31)(a).

S. 464ZGD(2) (2) If the taking of a sample voluntarily given by a

amended by
Nos 27/2006 person is recorded by audiovisual recording, a
s. 17(31)(b), police officer must—
37/2014
s. 10(Sch.
item 36.37).
(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 464ZGE Safeguards after giving sample
inserted by
No. 81/1997
s. 28.
(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.

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No. 6231 of 1958
Part III—Procedure and punishment

(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

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No. 6231 of 1958
Part III—Procedure and punishment

(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) (6) A police officer may, before the end of a period
amended by
No. 37/2014 referred to in subsection (3)(b) or (3)(c), apply,
s. 10(Sch. without notice to any other person, to the
item 36.37).
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)

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No. 6231 of 1958
Part III—Procedure and punishment

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
person who voluntarily gave the sample.
(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.
(9) A person who knowingly—
(a) fails to destroy; or
(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).
(10) 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 (120 penalty units maximum).
(11) This section does not prevent a police officer, in S. 464ZGE(11)
amended by
respect of a person who has voluntarily given a No. 37/2014
sample under sections 464ZGB to 464ZGD— s. 10(Sch.
item 36.37).
(a) requesting, under section 464R, the person to
undergo a forensic procedure; or

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(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. 80/1998
s. 3(e).

S. 464ZGF 464ZGF Application to court where consent to retention of

inserted by
No. 81/1997 sample withdrawn
s. 28.

S. 464ZGF(1) (1) A police officer may apply to the Magistrates'

amended by
No. 37/2014 Court for an order to retain a sample that has been
s. 10(Sch. voluntarily given by a person in accordance with
item 36.37).
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—
(i) material reasonably believed to be from
the body of a person who committed
the 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
have been worn or carried by the
victim when the offence was
committed; or
(C) on an object or person reasonably
believed to have been associated
with the commission of the
offence; or
S. 464ZGF(1) (ii) if the offence is an offence against a
(a)(ii)
amended by provision of Subdivision (8A), (8B)
No. 37/2014 or (8C) of Division 1 of Part I, and a
s. 10(Sch.
item 36.37). police officer reasonably believes that a

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Part III—Procedure and punishment

child has been conceived as a result of

the commission of the offence and a
sample has been taken from that child;
and
(b) a police officer reasonably believes that S. 464ZGF
(1)(b)
information obtained from the analysis of the amended by
sample voluntarily given by the person, and No. 37/2014
s. 10(Sch.
from any related material and information, item 36.37).
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
person who voluntarily gave the sample.
(4) A failure of a court to comply with subsection (3)
does not invalidate any order made by it but
constitutes non-compliance for the purposes of
section 464ZE(1)(a).

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Part III—Procedure and punishment

S. 464ZGFA 464ZGFA Voluntary samples given by police or VIFM

inserted by personnel
No. 72/2013
s. 15. (1) In this section—
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 (a) a member of Victoria Police personnel;
(2)(a)
substituted by
No. 37/2014
s. 10(Sch.
item 36.38(a)).

(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

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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
(b) a proceeding arising out of, or connected S. 464ZGFA
(5)(b)
with, an investigation under Division 6 of amended by
Part 4, Part 5, Part 7, Part 9 or Part 10 of the No. 37/2014
s. 10(Sch.
Victoria Police Act 2013 in respect of the item
person; or 36.38(b)(i)).

(c) a proceeding arising out of, or connected S. 464ZGFA

(5)(c)
with, a critical incident (within the meaning amended by
of section 82 of the Victoria Police Act No. 37/2014
s. 10(Sch.
2013). item
36.38(b)(ii)).

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Part III—Procedure and punishment

(6) In subsection (5) a proceeding includes a coronial

inquest or inquiry.
(7) A sample given under this section and any DNA
profile obtained from the sample may not be
released to any person outside the relevant agency
unless the person who gave the sample consents to
the release.
(8) A person must not knowingly use, or cause or
permit to be used, or otherwise disseminate
information derived from, a sample given under
this section, any DNA profile obtained from the
sample or any related information, other than in
accordance with this section.
Penalty: level 8 imprisonment (1 year
maximum).
(9) An offence against subsection (8) is a summary
offence.
(10) This section does not affect any other power to
require a person referred to in subsection (2) to
provide a sample or to undergo a forensic
procedure.
S. 464ZGFB 464ZGFB Destruction of samples given by police and
inserted by
No. 72/2013 VIFM personnel and storage of DNA
s. 15. 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.

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Part III—Procedure and punishment

(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.
(4) A DNA sample given under section 464ZGFA
and a DNA profile derived from the sample must
be destroyed if—
(a) in the case of a sample given by the Chief S. 464ZGFB
(4)(a)
Commissioner of Police, the Chief amended by
Commissioner requests the destruction of the No. 37/2014
s. 10(Sch.
sample by notice in writing to the Minister item 36.39(a)).
administering the Victoria Police Act 2013;
or
(b) in the case of a sample given by any other S. 464ZGFB
(4)(b)
member of Victoria Police personnel or a amended by
visitor to any premises at which the Victoria No. 37/2014
s. 10(Sch.
Police Forensic Services Department item 36.39(b)).
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

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Part III—Procedure and punishment

(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 (e) 12 months have elapsed since the person
(4)(e)
amended by who gave the sample ceased to be a member
No. 37/2014 of Victoria Police personnel, the Director of
s. 10(Sch.
item 36.39(b)). 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).
(7) An offence against subsection (6) is a summary
offence.

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Part III—Procedure and punishment

DNA database systems Heading

preceding
s. 464ZGG
inserted by
No. 16/2002
s. 16,
amended by
No. 32/2007
s. 6.

464ZGG Supply of forensic material for purposes of DNA S. 464ZGG

inserted by
database No. 16/2002
s. 16.
(1) In this section—
excluded forensic material means forensic S. 464ZGG(1)
def. of
material— excluded
forensic
(a) found at a crime scene; or material
amended by
(b) taken from a suspect in accordance with No. 27/2006
s. 15.
this Subdivision or under a
corresponding law of a participating
jurisdiction; or
(c) taken from an offender under
section 464ZF or 464ZGB or under a
corresponding law of a participating
jurisdiction; or
(ca) taken from a person under
section 464ZFAAA following a finding
of not guilty because of mental
impairment; or
(d) taken from the body of a deceased
person; or
(e) from the body of a missing person; or
(f) taken from a volunteer who is a relative
by blood of a deceased or missing
person;
prohibited analysis means analysis for the
purpose of deriving a DNA profile for
inclusion on a DNA database when the

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Part III—Procedure and punishment

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—
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 464ZGH Use of information on Victorian DNA database
(Heading)
amended by
No. 32/2007
s. 7(1).
S. 464ZGH
inserted by
No. 16/2002
s. 16.

S. 464ZGH(1) (1) A person who accesses information stored on the

amended by
No. 32/2007 Victorian DNA database except in accordance
s. 7(1). with this section is guilty of a summary offence

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Part III—Procedure and punishment

and liable to level 8 imprisonment (1 year

maximum) or a level 8 fine (120 penalty units
maximum).
(2) A person may access information stored on the S. 464ZGH(2)
amended by
Victorian DNA database for one or more of the No. 32/2007
following purposes— s. 7(1).

(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;
(c) administering the Victorian DNA database; S. 464ZGH
(2)(c)
amended by
No. 32/2007
s. 7(1).

(d) in accordance with an arrangement entered S. 464ZGH

(2)(d)
into under section 464ZGN; substituted by
No. 32/2007
s. 7(2).

(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—
(i) the Commissioner for Privacy and Data S. 464ZGH
(2)(g)(i)
Protection appointed under the Privacy substituted by
and Data Protection Act 2014; or No. 60/2014
s. 140(Sch. 3
item 8.1).

(ii) the Health Complaints Commissioner S. 464ZGH

(2)(g)(ii)
within the meaning of the Health amended by
Records Act 2001 for the purposes of No. 22/2016
s. 167.
that Act; or

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Part III—Procedure and punishment

S. 464ZGH(2) (iii) the Ombudsman appointed under the

(g)(iii) Ombudsman Act 1973; or
substituted by
No. 32/2007
s. 7(3).

S. 464ZGH(2) (iv) the IBAC within the meaning of the

(g)(iv)
inserted by Independent Broad-based Anti-
No. 32/2007 corruption Commission Act 2011.
s. 7(3),
amended by
Nos 34/2008
s. 143(Sch. 2
item 3.1),
82/2012
s. 159(2).

(3) This section does not apply to information that

cannot be used to discover the identity of any
person.
S. 464ZGI 464ZGI Permissible matching of DNA profiles
inserted by
No. 16/2002
s. 16.

S. 464ZGI(1) (1) A matching of a DNA profile on an index of the

substituted by
No. 32/2007 Victorian DNA database specified in column 1 of
s. 8(1). 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.

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Part III—Procedure and punishment

TABLE S. 464ZGI(1)
(Table)
substituted by
No. 32/2007
s. 8(1).

Profile to be Is matching
matched permitted?

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8

Volunteers (Volunteers Unknown
Crime (limited (unlimited Serious Missing deceased
Scene Suspects purposes) purposes) offenders persons persons
1. crime scene yes yes only if yes yes yes yes
within
purpose
2. suspects yes yes only if yes yes yes yes
within
purpose
3. volunteers only if only if only if only if only if only if only if
(limited within within within within within within within
purposes) purpose purpose purpose purpose purpose purpose purpose
4. volunteers yes yes only if yes yes yes yes
(unlimited within
purposes) purpose
5. serious yes yes only if yes yes yes yes
offenders within
purpose
6. missing yes yes only if yes yes yes yes
persons within
purpose
7. unknown yes yes only if yes yes yes yes
deceased within
persons purpose

(2) A person—
(a) whose conduct causes the matching that is S. 464ZGI
(2)(a)
not permitted by this Subdivision of a DNA amended by
profile on an index of the Victorian DNA No. 32/2007
s. 8(2).
database with a DNA profile on the same or
another index of the Victorian DNA
database; and
(b) who intends or is reckless as to any such
matching of profiles—
is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).

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S. 464ZGI(3) (3) A person is not guilty of an offence against

amended by subsection (2) if the person's conduct causes a
No. 32/2007
s. 8(2). matching that is not permitted by this Subdivision
but the matching is solely for the purpose of
administering the Victorian DNA database.
S. 464ZGJ 464ZGJ Recording, retention and removal of identifying
(Heading)
amended by information on DNA database
No. 32/2007
s. 9(1). (1) In this section—
S. 464ZGJ
inserted by
No. 16/2002
s. 16.

S. 464ZGJ(1) identifying information means information

def. of
identifying referred to in section 464ZFD(1), whether or
information not kept on the Victorian DNA database;
substituted by
No. 32/2007
s. 9(2).

S. 464ZGJ(1) identifying period for identifying information

def. of
identifying means—
period
amended by (a) except as provided by paragraphs (b)
No. 32/2007
s. 9(1)(3)-(5).
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

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Part III—Procedure and punishment

responsible person to retain the

information;
* * * * * S. 464ZGJ(1)
def. of
responsible
person
repealed by
No. 32/2007
s. 9(6).

(2) A person who intentionally or recklessly causes S. 464ZGJ(2)

amended by
any identifying information to be recorded or No. 32/2007
retained in a DNA database at any time after this s. 9(1)(7).

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).
(3) A responsible person who does not ensure that S. 464ZGJ(3)
amended by
any identifying information on the volunteers No. 32/2007
(unlimited purposes) index or volunteers (limited s. 9(1)(8)-(10).

purposes) index of the DNA database is removed

from the database as soon as practicable after the
end of the identifying period for the information is
guilty of a summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum).
(4) A responsible person who does not ensure that S. 464ZGJ(4)
amended by
any identifying information relating to an offender Nos 32/2007
on the serious offenders index of the DNA s. 9(1)(9)(11),
68/2009
database is removed from the database as soon as s. 97(Sch.
practicable after becoming aware that the offender item 40.40).

has been pardoned or acquitted of the offence

concerned or if the conviction has been set aside is
guilty of a summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum).

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Part III—Procedure and punishment

S. 464ZGK 464ZGK Disclosure of Victorian information

(Heading)
amended by (1) A person who—
No. 32/2007
s. 10(1).
S. 464ZGK
inserted by
No. 16/2002
s. 16.

S. 464ZGK (a) has access to Victorian information; and

(1)(a)
substituted by
No. 32/2007
s. 10(2).

S. 464ZGK (b) intentionally or recklessly causes the

(1)(b)
amended by disclosure of the Victorian information other
No. 32/2007 than as provided by this section—
s. 10(3).

is guilty of a summary offence and liable to

level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).
S. 464ZGK(2) (2) A person may only disclose Victorian information
amended by
No. 32/2007 stored on a DNA database for one or more of the
s. 10(4). following purposes—
S. 464ZGK (a) forensic comparison in the course of a
(2)(a)
amended by criminal investigation by a police officer or
No. 37/2014 any other person authorised in writing by the
s. 10(Sch.
item 36.40). Chief Commissioner of Police;
(b) making the information available, in
accordance with the regulations, to the
person to whom the information relates;
S. 464ZGK (c) administering the DNA database;
(2)(c)
substituted by
No. 32/2007
s. 10(5).

S. 464ZGK (d) in accordance with an agreement entered into

(2)(d)
substituted by under section 464ZGN;
No. 32/2007
s. 10(5).

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(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—
(i) the Commissioner for Privacy and Data S. 464ZGK
(2)(g)(i)
Protection appointed under the Privacy substituted by
and Data Protection Act 2014; or No. 60/2014
s. 140(Sch. 3
item 8.2).

(ii) the Health Complaints Commissioner S. 464ZGK

(2)(g)(ii)
within the meaning of the Health amended by
Records Act 2001 for the purposes of No. 22/2016
s. 168.
that Act; or
(iii) the Ombudsman appointed under the S. 464ZGK(2)
(g)(iii)
Ombudsman Act 1973; or substituted by
No. 32/2007
s. 10(6).

(iv) the IBAC within the meaning of S. 464ZGK(2)

(g)(iv)
the Independent Broad-based inserted by
Anti-corruption Commission No. 32/2007
s. 10(6),
Act 2011; or amended by
Nos 34/2008
s. 143(Sch. 2
item 3.2),
82/2012
s. 159(3).

(v) an authority of a participating S. 464ZGK(2)

(g)(v)
jurisdiction, but only if the authority inserted by
would be entitled to the information if No. 32/2007
s. 10(6).
it were held on the participating
jurisdiction's DNA database.
(3) A person may only disclose Victorian information S. 464ZGK(3)
amended by
revealed by the carrying out of a forensic No. 32/2007
procedure as follows— s. 10(7).

(a) if the person is the suspect, offender or

volunteer to whom the information relates;

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Part III—Procedure and punishment

(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 of the
Commonwealth or the Extradition Act 1988
of the Commonwealth;
(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;
(j) for the purpose of the suspect'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) (4) This section does not apply to Victorian
amended by
No. 32/2007 information that cannot be used to discover the
s. 10(8). identity of any person.

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Part III—Procedure and punishment

(5) In this section— S. 464ZGK(5)

inserted by
Victorian information means information referred No. 32/2007
to in section 464ZFD(1), whether or not kept s. 10(9).

on the Victorian DNA database.

Inter-jurisdictional enforcement Heading

inserted by
No. 16/2002
s. 16.

464ZGL Registration of orders S. 464ZGL

inserted by
No. 16/2002
(1) The Minister may enter into arrangements with s. 16.
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.
(2) An order is registered when a copy of the order
(being a copy certified by the person who made it)
is registered in accordance with the law of the
participating jurisdiction in which the register is
kept.
(3) An application for registration of an order, or for
cancellation of registration of an order, may be
made by an appropriate authority.
464ZGM Carrying out of registered orders S. 464ZGM
inserted by
No. 16/2002
(1) A person is authorised to carry out the forensic s. 16.
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.

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Part III—Procedure and punishment

S. 464ZGM(2) (2) A police officer, or other person assisting a police

amended by officer in accordance with this Subdivision or a
No. 37/2014
s. 10(Sch. corresponding law of a participating jurisdiction,
item 36.41). 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 464ZGN Arrangements for transmission of information on
inserted by
No. 16/2002 DNA database
s. 16,
substituted by (1) The Minister may enter into an arrangement with
No. 32/2007
s. 11.
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—
(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.

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Part III—Procedure and punishment

(2) The Minister may enter into an arrangement with S. 464ZGN(2)

the Australian Crime Commission, under which— amended by
No. 54/2016
s. 29(1)(a).

(a) information from the Victorian DNA S. 464ZGN

(2)(a)
database is to be transmitted to the amended by
Australian Crime Commission for No. 54/2016
s. 29(1)(b).
comparison with information on the
NCIDD 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 a
participating jurisdiction; or
(ii) the identification of missing or
deceased persons; and
(b) information from the Australian Crime S. 464ZGN
(2)(b)
Commission obtained as a result of a amended by
comparison with the NCIDD is to be No. 54/2016
s. 29(1)(c).
transmitted to the Chief Commissioner of
Police 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 a
participating jurisdiction; or
(ii) the identification of missing or
deceased persons.
(3) Without limiting subsection (2), an arrangement S. 464ZGN(3)
amended by
made under that subsection may provide for the No. 54/2016
Australian Crime Commission— s. 29(2).

(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

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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 464ZGO Taking, retention and use of forensic material
inserted by
No. 16/2002 authorised by laws of other jurisdictions
s. 16.
(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

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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.

General Heading
inserted by
No. 16/2002
s. 4(c).

464ZH Immunity of medical practitioners, nurses, S. 464ZH

(Heading)
midwives, dentists and other persons inserted by
No. 13/2010
No action lies against a medical practitioner or s. 51(Sch.
item 17.11).
nurse or midwife or dentist or a person authorised
S. 464ZH
under section 464Z or a person assisting the inserted by
medical practitioner, nurse, midwife, dentist or No. 129/1993
s. 7,
person in respect of anything properly and amended by
necessarily done by the medical practitioner, Nos 81/1997
s. 29(1)(a)–(d),
nurse, midwife, dentist or person in the course of 13/2010
conducting any forensic procedure which the s. 51(Sch.
item 17.12).
medical practitioner, nurse, midwife, dentist or
person believes on reasonable grounds—
(a) was requested to be conducted on another S. 464ZH(a)
inserted by
person under this Subdivision in accordance No. 81/1997
with— s. 29(1)(d),
substituted by
No. 41/2004
s. 19.

(i) a request of a police officer given under S. 464ZH(a)(i)

amended by
section 464R; or No. 37/2014
s. 10(Sch.
item 36.42).

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(ii) an authorisation given by a senior

police officer under section 464SA; or
(iii) an order made by a court under this
Subdivision; or
S. 464ZH(b) (b) was consented to by a person in accordance
inserted by
No. 81/1997 with sections 464ZGB to 464ZGD.
s. 29(1)(d).

S. 464ZI 464ZI Supreme Court—limitation of jurisdiction

inserted by
No. 129/1993
s. 7,
(1) It is the intention of this section to alter or vary
amended by section 85 of the Constitution Act 1975 to the
No. 41/2004
s. 20 (ILA
extent necessary—
s. 39B(1)).
(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) (2) It is the intention of section 464ZH as amended by
inserted by
No. 41/2004 section 19 of the Crimes (Amendment) Act 2004
s. 20. to alter or vary section 85 of the Constitution Act
1975.
S. 464ZJ 464ZJ Regulations
inserted by
No. 129/1993
s. 7.
(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

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(c) the application and use of statistical analysis

to data the subject of forensic evidence; and
(d) standards for 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).

(5) If a regulation made under subsection (1) is S. 464ZJ(5)

substituted by
disallowed by the Parliament or a House of the No. 10/1999
Parliament, no regulation which is the same in s. 31(5)(d).

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.

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(6) Any regulation made in contravention of

subsection (5) is void.
S. 464ZK 464ZK Operation of other Acts
inserted by
No. 129/1993
s. 7.
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 464ZL Validation of certain orders
inserted by
No. 58/2001
s. 3.
(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) (3) An order purporting to have been made under
inserted by
No. 41/2004 section 464ZF(2) before the commencement of
s. 21. 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.

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(4) An order purporting to have been made under S. 464ZL(4)

section 464ZF(3) before the commencement of inserted by
No. 41/2004
the Crimes (Amendment) Act 2004 in respect of s. 21.
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.
(5) Subsection (4) does not affect the rights of the S. 464ZL(5)
inserted by
parties in the proceeding known as Pavic v. No. 41/2004
Magistrates' Court of Victoria and Chief s. 21.

Commissioner of Police (No. 1001 of 2002) in the

Supreme Court of Victoria.
(6) If, before the commencement of section 4(1) S. 464ZL(6)
inserted by
and (2) of the Crimes Amendment No. 72/2013
(Investigation Powers) Act 2013, an order is s. 16.

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.
(7) Any questioning or investigation conducted S. 464ZL(7)
inserted by
pursuant to an order referred to in subsection (6) No. 72/2013
by a member of the Australian Federal Police or s. 16.

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.

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S. 464ZL(8) (8) Subsections (6) and (7) do not affect the rights of
inserted by the parties in the proceeding known as Detective
No. 72/2013
s. 16. Jason Wallace v Bandali Debs and the
Magistrates' Court of Victoria (No. 10194 of
2008) in the Supreme Court of Victoria.

(31) Search warrants for and seizure of things

No. 6103 465 Issue of search warrant by magistrate
s. 465.

S. 465(1) (1) Any magistrate who is satisfied by the evidence

amended by
Nos 7184 s. 7, on oath or by affidavit of any police officer of or
8179 s. 4, above the rank of senior sergeant that there is
16/1986 s. 30,
57/1989 reasonable ground for believing that there is, or
s. 3(Sch. item will be within the next 72 hours, in any building
42.56(a)–(d)),
22/1996 (including any vehicle in that building), receptacle
s. 6(1)(a), or place (including any vehicle on or in that place)
25/2009
s. 5(1), or on or in a particular vehicle located in a public
37/2014 place—
s. 10(Sch.
item 36.42).

S. 465(1)(a) (a) anything upon or in respect of which any

amended by
No. 22/1996 indictable offence has been or is suspected to
s. 6(1)(b). 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

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the Magistrates' Court to be dealt with according

to law.
* * * * * S. 465(1A)
inserted by
No. 22/1996
s. 6(2),
repealed by
No. 42/2015
s. 8.

(1B) A magistrate who issues a warrant under S. 465(1B)

inserted by
subsection (1), if satisfied on reasonable grounds No. 63/2003
by the evidence given under that subsection that s. 43.

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.
(2) Subject to this section the rules to be observed S. 465(2)
amended by
with regard to search warrants mentioned in the Nos 9427
Magistrates' Court Act 1989 shall extend and s. 6(1)(Sch. 5
item 40),
apply to warrants under this section. 57/1989
s. 3(Sch. item
42.57(a)(b)).

(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.

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S. 465(5) (5) In this section—

inserted by
No. 22/1996 public place has the same meaning as it has in
s. 6(3), section 3 of the Summary Offences Act
repealed by
No. 48/1997 1966;
s. 61, new
s. 465(5) vehicle includes motor vehicle, aircraft and vessel.
inserted by
No. 25/2009
s. 5(2).

S. 465AAA 465AAA Warrant may authorise the giving of a

inserted by
No. 42/2015 direction requiring assistance from person with
s. 9. 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);

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(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

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(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
(ii) measures applied to protect data held
in, or accessible 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.
(5) A person who commits an offence against
subsection (4) is liable to level 7 imprisonment
(2 years maximum).
(6) An offence against subsection (4) is a summary
offence.

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(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).
465AA Power to require assistance from person with S. 465AA
inserted by
knowledge of a computer or computer network No. 79/2014
s. 69.
(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

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(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

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(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.
(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.

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(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
(ii) measures applied to protect data held
in, or accessible 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.
(10) A person who commits an offence against
subsection (9) is liable to level 6 imprisonment
(5 years maximum).
S. 465AA(10A) (10A) This section applies in addition to
inserted by
No. 42/2015 section 465AAA, whether or not in relation to the
s. 10. 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. 465A 465A Notice that seized thing is being held for purposes of
inserted by
No. 63/2003 Confiscation Act 1997
s. 44.
(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

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Part III—Procedure and punishment

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.
465B Application for tainted property to be held or S. 465B
inserted by
retained—return of warrant to court No. 63/2003
s. 44.

(1) When a thing is brought before the Magistrates' S. 465B(1)

amended by
Court to be dealt with according to law No. 37/2014
in accordance with the warrant issued under s. 10(Sch.
item 36.42).
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.
465C Court may make direction S. 465C
inserted by
No. 63/2003
s. 44.

(1) On an application under section 465B, if the Court S. 465C(1)

amended by
is satisfied on reasonable grounds that the thing No. 37/2014
seized under the warrant issued under section 465 s. 10(Sch.
item 36.42).
is tainted property within the meaning of the
Confiscation Act 1997, the Court may direct that

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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. 465D 465D Notice of direction under section 465C
inserted by
No. 63/2003
s. 44.
(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.

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465E Effect of directions under sections 465(1B) and 465C S. 465E

inserted by
If a direction has been made under No. 63/2003
section 465(1B) or 465C, the thing to which the s. 44.

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.
466 Justice may issue warrant to search for No. 6103
s. 466.
gunpowder 41 S. 466
amended by
Where any credible person on oath before a Nos 25/1989
magistrate shows reasonable cause to suspect that s. 15(a)(b),
57/1989
a person named or described has in his possession s. 3(Sch. item
or on his premises any machine or implement or 42.58(a)(b)).
gunpowder or other explosive dangerous or
noxious substance or things suspected to be made
or kept or carried for the purpose of committing
any of the felonies in Division one or three of
Part I, the magistrate may grant a warrant to
search for the same by day or by night.
* * * * * S. 467
repealed by
No. 25/1989
s. 16.

* * * * * Ss 468, 469
repealed by
No. 25/1989
s. 9.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

cf. [1819] 60 469AA Seizure and destruction of documents containing

George III, libel
and 1 George
IV, c. VIII ss 1, (1) Upon the conviction of any person for—
2, 4, 8.
(Criminal Libel
Act 1819.)
(a) publishing a blasphemous libel; or
S. 469AA (b) publishing a seditious libel—
inserted by
No. 9407
s. 2(f).
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) (3) If the conviction is set aside on appeal, the order
amended by
No. 68/2009 for seizure and destruction shall be ipso facto
s. 97(Sch. vacated.
item 40.41).

S. 469A 469A Power of persons to search aircraft

inserted by
No. 7088
s. 2(f),
(1) If, the person in command of the aircraft or any
amended by person authorized in writing in a particular case
No. 57/1989
s. 3(Sch.
by a magistrate reasonably suspects that an
item 42.62). 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.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(2) A female shall not be searched under the last

preceding subsection except by a female.

(32) Search warrants for women and girls

470 Power of search when female unlawfully detained No. 6103
for immoral purposes s. 470.

(1) If it appears to a magistrate, on the evidence on S. 470(1)

amended by
oath or by affidavit of any parent relative or No. 57/1989
guardian of any woman or girl or by any other s. 3(Sch. item
42.63(a)–(d)).
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.
(2) The Magistrates' Court on the woman or girl being S. 470(2)
amended by
brought before it may cause her to be delivered up No. 57/1989
to her parent or guardian or otherwise dealt with s. 3(Sch.
item 42.64).
as circumstances may permit and require.
(3) The magistrate at the time of or after issuing such S. 470(3)
amended by
warrant may issue another warrant for the arrest of No. 57/1989
any person accused of so unlawfully detaining s. 3(Sch.
item 42.65).
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—

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(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) (6) Every warrant issued under this section shall be
amended by
Nos 8179 s. 4, addressed to and executed by a police officer of or
57/1989 above the rank of sergeant, who shall be
s. 3(Sch. item
42.66(a)(b)), accompanied by the parent relative or guardian or
37/2014 other person referred to in subsection (1) if such
s. 10(Sch.
item 36.42). person so desire unless the magistrate otherwise
directs.
Pt 3 Div. 1 * * * * *
Subdiv. (33)
(Heading)
repealed by
No. 23/1991
s. 8(2).

S. 471 * * * * *
amended by
Nos 9427
s. 6(1)(Sch. 5
item 41),
110/1986
s. 140(2),
repealed by
No. 124/1986
s. 74(e).

Authorised by the Chief Parliamentary Counsel

518
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Division 2—Punishment
(1) Sentences for offences Pt 3 Div. 2
Subdiv. (1)
(Heading)
amended by
No. 10084
s. 15(b).

* * * * * Ss 472–476A
42
repealed.

476B Young person sentenced to life imprisonment S. 476B

inserted by
No. 9242 s. 3,
Where a person under the age of 21 years is amended by
sentenced to be imprisoned for the term of his Nos 16/1987
ss 4(3)(Sch. 1
natural life he shall be kept in safe custody in such item 8(b)),
place as is directed by the Minister administering 12(Sch. 2
item 6(b)),
the Children, Youth and Families Act 2005 46/1998
from time to time upon the recommendation of the s. 7(Sch. 1),
48/2006
Secretary within the meaning of that Act and if the s. 42(Sch.
place at which he is at any time being so kept is a item 9.4).
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
43
repealed.

Authorised by the Chief Parliamentary Counsel

519
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

cf. [1742–3] 479A Rescuing of prisoner from lawful custody

16 George II,
c. XXXI Any person who, by force, rescues or attempts to
ss 3, 4. rescue from lawful custody any prisoner shall be
[1751–2] 25
George II, guilty of an indictable offence and shall be liable
c. XXXVII s. 9. to level 5 imprisonment (10 years maximum).
S. 479A
inserted by
No. 9407
s. 2(g),
amended by
Nos 49/1991
s. 119(1)
(Sch. 2
item 49),
48/1997
s. 60(1)(Sch. 1
item 100).

S. 479B 479B Aiding a prisoner in escaping

inserted by
No. 9407
s. 2(g),
Any person who—
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).

S. 479B(a) * * * * *
substituted by
No. 117/1986
s. 6(Sch. 1
item 1(8)(b)),
amended by
No. 25/1989
s. 20(k),
repealed by
No. 63/2014
s. 7(7).

(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—

Authorised by the Chief Parliamentary Counsel

520
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

shall be guilty of an indictable offence punishable

on conviction by level 6 imprisonment (5 years
maximum).
479C Escape and related offences S. 479C
inserted by
No. 117/1986
s. 6(Sch. 1
item 1(8)(d)).

(1) A person who, whether by force or not, escapes or S. 479C(1)

amended by
attempts to escape— Nos 129/1993
s. 9(2),
(a) from a prison or police gaol; or 45/1996
s. 18(Sch. 2
(b) if the person is in the legal custody of the item 6.1),
26/1997
Secretary to the Department of Justice or the s. 52(1),
Chief Commissioner of Police, from the 48/1997
s. 60(1)(Sch. 1
physical custody of— item 101),
substituted by
(i) an officer within the meaning of Part 5 No. 45/2001
of the Corrections Act 1986 or an s. 40(3).

escort officer under that Act; or

(ii) a police officer; or S. 479C(1)
(b)(ii)
amended by
No. 37/2014
s. 10(Sch.
item 36.42).

(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 imprisonment
(5 years maximum).
(2) A prisoner who is authorized to be absent from a S. 479C(2)
amended by
prison under the Corrections Act 1986 and Nos 129/1993
who— s. 9(2),
48/1997
s. 60(1)(Sch. 1
(a) does not return to prison when the instrument item 101).
of authority expires or when otherwise
required by the instrument to do so; or

Authorised by the Chief Parliamentary Counsel

521
 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

(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 (c) does not return to prison upon being
(2)(c)
amended by informed by an officer of the Office of
No. 37/2014 Corrections or a police officer that the
s. 10(Sch.
item 36.42). instrument authorizing the absence has been
revoked—
is guilty of an indictable offence punishable on
conviction by level 6 imprisonment (5 years
maximum).
S. 479C(3) (3) A prisoner who is outside a prison or a police gaol
amended by
Nos 129/1993 but in custody and who wilfully ceases to be in
s. 9(2), custody is guilty of an indictable offence
48/1997
s. 60(1)(Sch. 1 punishable on conviction by level 6 imprisonment
item 101). (5 years maximum).
S. 479C(4) (4) For the purposes of subsection (3), prisoner
amended by
Nos 45/1996 includes a person who is in the custody of a court.
s. 18(Sch. 2
item 6.2),
26/1997
s. 52(2),
substituted by
No. 45/2001
s. 40(4).

(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.

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * Pt 3 Div. 2
Subdiv. (2)
(Heading)
repealed by
No. 25/1989
s. 20(l)(i).

* * * * * Ss 480–484
44
repealed.

Pt 3 Div. 2
(3) Execution of sentences Subdiv. (3)
(Heading)
amended by
No. 8679
s. 3(1)(c).

* * * * * Ss 485–492
45
repealed .

493 Sentences of imprisonment etc. to be carried out No. 6103

s. 493.
according to law relating to prisons S. 493
amended by
Every sentence of imprisonment which is passed Nos 8338
for any indictable offence every sentence of s. 7(b), 8426
s. 9(2)(a)(b)
attendance at an attendance centre, every award of (as amended
imprisonment or attendance at an attendance by No. 8701
s. 7(f)), 8870
centre, and every direction for detention in a youth s. 7(b), 8998
justice centre within the meaning of the Children, s. 4, 9554
s. 2(1)(Sch. 1
Youth and Families Act 2005 for any offence item 9), 9945
punishable on summary conviction, shall be s. 3(3)(Sch. 2
item 12),
carried out in the manner for the time being 10087
provided by any Acts in force relating to prisons s. 3(1)(Sch. 1
item 28),
or penal establishments in that behalf according to 16/1987
the tenor of every such sentence. s. 4(3)(Sch. 1
item 8(c)),
48/2006
s. 42(Sch.
item 9.5).

* * * * * S. 494
repealed by
No. 9554
s. 2(1)(Sch. 1
item 7).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

Pt 3 Div. 2 * * * * *
Subdiv. (4)
(Heading)
repealed by
No. 65/1997
s. 82(2)(c).

Ss 495–497 * * * * *
46
repealed.

S. 498 * * * * *
substituted by
No. 6884 s. 3,
amended by
No. 117/1986
s. 6(Sch. 1
item 2(5)),
repealed by
No. 65/1997
47
s. 82(2)(c).

Ss 499–502 * * * * *
48
repealed.

S. 503 * * * * *
amended by
No. 7332
s. 2(Sch. 1
item 20),
repealed by
No. 65/1997
s. 82(2)(c).

Pt 3 Div. 2 * * * * *
Subdiv. (5)
(Heading and
s. 504)
amended by
No. 7705 s. 10,
repealed by
No. 10084 s. 9.

Pt 3 Div. 2 * * * * *
Subdiv. (6)
(Heading)
repealed by
No. 25/1989
s. 20(l)(ii).

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 Crimes Act 1958
No. 6231 of 1958
Part III—Procedure and punishment

* * * * * S. 505
repealed by
No. 10260
s. 114(Sch. 4
item 4).

Pt 3 Div. 3
Division 3—Regulations (Heading and
s. 505A)
inserted by
No. 10026 s. 7.

505A Regulations S. 505A

inserted by
No. 10026 s. 7.
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.

Authorised by the Chief Parliamentary Counsel

525
 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

Part IV—Probation and parole provisions

No. 6103 506 Definitions
s. 506.
S. 506
amended by
No. 6651
s. 57(b).

S. 506(1) (1) In this Part unless inconsistent with the context or

amended by
No. 46/1998 subject-matter—
s. 7(Sch. 1)
(ILA s. 39B(1)). Board means the Parole Board under this Part;
S. 506(1) child has the same meaning that it has in the
def. of
child Children, Youth and Families Act 2005;
inserted by
No. 9966
s. 21(1)(a),
amended by
Nos 56/1989
s. 286(Sch. 2
item 7.16),
48/2006
s. 42(Sch.
item 9.6).

S. 506(1) * * * * *
def. of
Director-
General
amended by
No. 9902
s. 2(1)(Sch.
item 55),
substituted by
No. 9966
s. 21(1)(b),
repealed by
No. 45/1996
s. 18(Sch. 2
item 6.4).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

* * * * * S. 506(1)
def. of
Director-
General of
Community
Welfare
Services
inserted by
No. 9966
s. 21(1)(b),
repealed by
No. 46/1998
s. 7(Sch. 1).

prescribed means prescribed by this Part or the

regulations thereunder;
Secretary means the Secretary to the Department S. 506(1)
def. of
of Justice; Secretary
inserted by
No. 46/1998
s. 7(Sch. 1).

term, in relation to imprisonment, includes the

aggregate of two or more terms, whether
cumulative or concurrent.
(2) If under the Public Administration Act 2004 the S. 506(2)
inserted by
name of the Department of Justice is changed, a No. 46/1998
reference in the definition of Secretary in s. 7(Sch. 1),
amended by
subsection (1) to that Department must, from the No. 108/2004
date when the name is changed, be treated as a s. 117(1)
(Sch. 3
reference to the Department by its new name. item 48).

Authorised by the Chief Parliamentary Counsel

527
 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

Division 1—Probation
(1) Probation officers
No. 6103 507 Probation officers
s. 507.

S. 507(1) (1) Subject to the Public Administration Act 2004

amended by
Nos 6651 there may from time to time be appointed such
s. 57(c), 9427 stipendiary probation officers as the Governor
s. 3(Sch. 2
item 6), 9966 in Council thinks necessary for the purposes of
s. 21(2)(a), Part 5 of the Penalties and Sentences Act 1985.
10260
s. 114(Sch. 4
item 5),
46/1998
s. 7(Sch. 1),
108/2004
s. 117(1)
(Sch. 3
item 48).

S. 507(2) (2) The Governor in Council may from time to time

amended by
No. 10260 appoint fit persons to be honorary probation
s. 114(Sch. 4 officers for the purposes of Part 5 of the Penalties
item 5).
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. 507(4) * * * * *
amended by
No. 9966
s. 21(2)(b)(i)(ii),
repealed by
No. 10260
s. 114(Sch. 4
item 5).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

(4A) All stipendiary and honorary probation officers S. 507(4A)

appointed under this section shall be under the inserted by
No. 9966
control of the Secretary to the Department of s. 21(2)(c),
Justice. amended by
No. 45/1996
s. 18(Sch. 2
item 6.5).

* * * * * S. 507(5)
amended by
No. 9966
s. 21(2)(d),
repealed by
No. 10260
s. 114(Sch. 4
item 5).

(6) The Secretary to the Department of Justice or, in S. 507(6)

amended by
the case of a convicted person who is a child, the Nos 9966
Secretary to the Department of Human Services s. 21(2)(e)(i)(ii),
45/1996
shall when so required by any court cause to be s. 18(Sch. 2
prepared and submitted to that court such reports item 6.6),
46/1998
upon and information with respect to the s. 7(Sch. 1).
convicted person as the court requires.
* * * * * S. 507(7)
amended by
No. 9966
s. 21(2)(f),
repealed by
No. 10260
s. 114(Sch. 4
item 5).

* * * * * Pt 4 Div. 1
Subdiv. (2)
(Heading)
repealed by
No. 25/1989
s. 20(m)(i).

* * * * * Ss 508, 509
49
repealed.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

Pt 4 Div. 1 * * * * *
Subdiv. (3)
(Heading)
repealed by
No. 25/1989
s. 20(m)(ii).

Ss 510–515A * * * * *
50
repealed.

Pt 4 Div. 1 * * * * *
Subdiv. (4)
(Heading)
repealed by
No. 25/1989
s. 20(m)(iii).

Ss 516–519A * * * * *
51
repealed.

Pt 4 Div. 1 * * * * *
Subdiv. (5)
(Heading)
repealed by
No. 25/1989
s. 20(m)(iv).

S. 520 * * * * *
amended by
Nos 7876
s. 8(3), 10084
s. 10(a)–(c),
repealed by
No. 10260
s. 114(Sch. 4
item 5).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part IV—Probation and parole provisions

* * * * * 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
542 Regulations No. 6103
s. 538.
(1) The Governor in Council may make 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. 542(2)
repealed by
No. 6888 s. 3.

Authorised by the Chief Parliamentary Counsel

531
 Crimes Act 1958
No. 6231 of 1958
Part V—Property of persons convicted of treason or an indictable offence.
Orders as to costs

Pt 5 (Heading)
amended by
Part V—Property of persons convicted of
No. 9576
s. 11(1).
treason or an indictable offence.
Orders as to costs
Ss 543–544 * * * * *
52
repealed.

No. 6103 545 Persons convicted of treason or indictable offence

s. 541.
S. 545 may pay costs
amended by
Nos 9576 The court by which judgment is pronounced or
s. 11(1), recorded upon the conviction of any person for
19/1989
s. 16(Sch. treason or an indictable offence in addition to such
item 16.11), sentence as may otherwise by law be passed may
25/1989
s. 20(n). 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.

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part V—Property of persons convicted of treason or an indictable offence.
Orders as to costs

* * * * * S. 546
amended by
No. 7705 s. 10,
substituted by
No. 7994 s. 4,
amended by
No. 8280
s. 18(a)(i)(ii)(b),
repealed by
No. 10260
s. 114(Sch. 4
item 4).

547 Definition of forfeiture and convict No. 6103

s. 543.
The word forfeiture in the construction of this S. 547
amended by
Part shall not include any fine or penalty imposed Nos 8679
on any convict by virtue of his sentence, and the s. 3(1)(e), 9576
s. 11(1), 9945
expression convict 53 shall be deemed to mean any s. 3(3)(Sch. 2
person against whom after the passing of this Act item 14).
judgment of imprisonment has been pronounced
or recorded by any court of competent jurisdiction
in Victoria upon any charge of treason or
indictable offence.
548 When convict shall cease to be subject to operation No. 6103
s. 544.
of this Part S. 548
amended by
When any convict dies or is adjudicated bankrupt, Nos 8679
or has undergone the full term of imprisonment s. 3(1)(f), 9576
s. 11(1), 9945
for which judgment has been pronounced or s. 3(3)(Sch. 2
recorded against him, or such other punishment as item 15).
may by competent authority have been substituted
for such full term, or has received a pardon for the
treason or indictable offence of which he has been
convicted, he shall thenceforth so far as relates to
the provisions hereinafter contained cease to be
subject to the operation of this Part.
* * * * * Ss 549–561
repealed by
No. 8410
s. 5(1).

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Part V—Property of persons convicted of treason or an indictable offence.
Orders as to costs

No. 6103 562 Execution of judgments against convict provided for

s. 558.
S. 562 All judgments or orders for the payment of money
amended by of any court of law or equity against such convict
No. 8410
s. 5(2). 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 563 Proceedings to recover property of convict from
s. 559.
S. 563 third person
amended by
Nos 8410 The Attorney-General or any person who (if such
s. 5(3)(a)(b), convict were dead intestate) would be entitled to
19/1989
s. 16(Sch. his real or personal estate or any share thereof or
item any person authorized by the Attorney-General in
16.12(a)(b)).
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

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 Crimes Act 1958
No. 6231 of 1958
Part V—Property of persons convicted of treason or an indictable offence.
Orders as to costs

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.
564 Third person etc. accountable to convict when No. 6103
s. 560.
property reverts S. 564
amended by
Subject to the provisions of this Part every such No. 8410
person as aforesaid shall from and after the time s. 5(4)(a)(b).
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.
565 Saving of general law as to indictable offence No. 6103
s. 561.
Nothing in this Part shall be deemed to alter or in S. 565
amended by
anywise affect the law relating to indictable No. 9576
offences in Victoria except as in this Part is s. 11(1).
expressly enacted.
* * * * * Pt 6
(Headings
and
ss 566–584)
54
repealed.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

Pt 7 (Heading
and s. 585)
Part 7—General
inserted by
No. 26/1997
s. 53.

S. 585 585 Supreme Court—limitation of jurisdiction

inserted by
No. 26/1997
s. 53,
amended by
No. 65/1997
s. 82(4)(e).

S. 585(1) (1) It is the intention of section 361 as amended by

amended by
No. 81/1997 the Police and Corrections (Amendment) Act
s. 29(2) (ILA 1997 and the Crimes (Mental Impairment and
s. 39B(1)).
Unfitness to be Tried) Act 1997 to alter or vary
section 85 of the Constitution Act 1975.
S. 585(2) (2) It is the intention of section 464ZH, as amended
inserted by
No. 81/1997 by section 29(1) of the Crimes (Amendment)
s. 29(2). Act 1997, to alter or vary section 85 of the
Constitution Act 1975.
S. 585AAA 585AAA Regulations
inserted by
No. 28/2016
s. 13.
(1) The Governor in Council may make 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

585AA Transitional provisions—(Crimes (Theft) Act 1973) S. 585AA

inserted by
(1) Section 3(1) of the Crimes (Theft) Act 1973 No. 70/2013
continues in effect despite its repeal. s. 5(Sch. 3
item 1).
Note
Section 3(1) of the Crimes (Theft) Act 1973 abolished the
common law offences of larceny, robbery, burglary,
receiving stolen property, obtaining property by threats,
extortion by colour of office or franchise, false accounting
by public officers, concealment of treasure trove, and except
in regard to offences relating to public revenue, cheating, for
all purposes not related to offences committed before the
commencement of the 1973 Act.
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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. 585AB 585AB Transitional provisions—(Crimes (Criminal
inserted by
No. 70/2013 Damage) Act 1978)
s. 5(Sch. 3
item 1). (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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

585AC Transitional provisions—(Crimes (Classification of S. 585AC

Offences) Act 1981) inserted by
No. 70/2013
(1) Notwithstanding section 3A(1) of this Act as s. 5(Sch. 3
item 1).
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.
585AD Transitional provisions—(Crimes (Conspiracy and S. 585AD
inserted by
Incitement) Act 1984) No. 70/2013
s. 5(Sch. 3
(1) The abolition of the offence of conspiracy at item 1).
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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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. 585AE 585AE Transitional provisions—(Crimes (Custody and
inserted by
No. 70/2013 Investigation) Act 1988)
s. 5(Sch. 3
item 1). (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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
585AF Transitional provisions—(Crimes (Fingerprinting) S. 585AF
inserted by
Act 1988) No. 70/2013
s. 5(Sch. 3
(1) This Act as amended by a section of the Crimes item 1).
(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.
585A Transitional provisions—(Crimes (Sexual Offences) S. 585A
inserted by
Act 1991) No. 10/2005
s. 4(Sch. 2
(1) The amendments made by the following item 1).
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—

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

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.
585C Transitional provisions—(Miscellaneous Acts S. 585C
inserted by
(Omnibus Amendments) Act 1996) No. 10/2005
s. 4(Sch. 2
(1) This Act as amended by sections 6(1) and 6(3) of item 1).
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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
S. 585D 585D Transitional provisions—(Sentencing and Other
inserted by
No. 10/2005 Acts (Amendment) Act 1997)
s. 4(Sch. 2
item 1). (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,

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

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.
586 Transitional provisions (Sentencing (Amendment) S. 586
inserted by
Act 1997) No. 69/1997
s. 25.
(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.
587 Transitional provisions (Crimes (Amendment) S. 587
inserted by
Act 1997—Part 2) No. 81/1997
s. 8.
(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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

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.
(4) For the purposes of subsection (3), if an offence is
alleged to have been committed between two
dates of which one is before and one is on or after
1 January 1998, the offence is alleged to have
been committed before 1 January 1998.
(5) The amendments of section 47A of this Act made
by section 5(2), (3), (4) and (5) of the Crimes
(Amendment) Act 1997 apply to offences against
section 47A(1) for which a charge is filed on or
after 1 January 1998, irrespective of when the
offence is alleged to have been committed.
S. 588 588 Transitional provisions (Crimes (Amendment)
inserted by
No. 81/1997 Act 1997—Part 3)
s. 15.
(1) Section 398A applies to any trial, committal
proceeding or hearing of a charge for an offence
that commences on or after 1 January 1998,
irrespective of when the offence to which the trial,
committal proceeding or hearing relates is alleged
to have been committed.
(2) For the purposes of subsection (1)—
(a) a trial commences on arraignment of the
accused in accordance with Subdivision (12)
of Division 1 of Part III; and

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
589 Transitional provisions (Crimes (Amendment) S. 589
inserted by
Act 1997—Part 4) No. 81/1997
s. 30.
(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.
(4) For the purposes of subsection (3)—
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
(8) For the purposes of subsection (7), if an offence is
alleged to have 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. 590 590 Transitional provision—Crimes, Confiscation and
inserted by
No. 80/1998 Evidence Acts (Amendment) Act 1998
s. 4.
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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

591 Transitional provision—Crimes (Amendment) S. 590

Act 1998 inserted by
No. 65/1998
(1) The amendments of section 60B of this Act made s. 4,
re-numbered
by section 3 of the Crimes (Amendment) Act as s. 591 by
1998 apply only to offences alleged to have been No. 10/1999
s. 31(5)(e).
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.
592 Transitional provisions—Magistrates' Court S. 592
inserted by
(Amendment) Act 1999 No. 10/1999
s. 20.
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.
593 Transitional provisions—Crimes (Amendment) S. 593
inserted by
Act 2000 No. 67/2000
s. 8.
(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.

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No. 6231 of 1958
Part 7—General

(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.
(6) For the purposes of subsection (5), if an offence is
alleged to have 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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

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.
(9) For the purposes of subsection (8)—
(a) a trial commences on arraignment of the
accused in accordance with 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.
593A Transitional provision—Crimes (Questioning of S. 593A
inserted by
Suspects) Act 2000 No. 86/2000
s. 7.
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.
594 Transitional provision—Magistrates' Court S. 594
inserted by
(Committal Proceedings) Act 2000 No. 92/2000
s. 12.
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
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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

irrespective of when the charge for the summary

offence was filed under section 26 of the
Magistrates' Court Act 1989.
S. 596 596 Transitional provisions—Crimes (DNA Database)
inserted by
No. 16/2002 Act 2002
s. 19.
(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)

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

Act 2002, the offence is alleged to have been

committed before that commencement.
597 Transitional provision—Crimes (Property Damage S. 597
inserted by
and Computer Offences) Act 2003 No. 10/2003
s. 9.
(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have 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.
598 Transitional provision—Crimes (Stalking) Act 2003 S. 598
inserted by
No. 105/2003
(1) The amendments of section 21A of this Act made s. 6.
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.
(2) For the purposes of subsection (1), if an offence is
alleged to have been committed between two
dates, one before and one after the
commencement of 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

S. 599 599 Transitional provision—Crimes (Money

inserted by Laundering) Act 2003
No. 104/2003
s. 4. (1) The amendments of this Act made by the 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.
(2) For the purposes of subsection (1), if an offence is
alleged to have been committed between two
dates, one before and one after the
commencement of section 3 of the Crimes
(Money Laundering) Act 2003, the offence is
alleged to have been committed before that
commencement.
S. 600 600 Transitional provisions—Crimes (Dangerous
inserted by
No. 59/2004 Driving) Act 2004
s. 8.
(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.
(4) For the purposes of this section—
(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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(b) a trial commences on arraignment of the

accused in accordance with Subdivision (12)
of Division 1 of Part III of this Act.
601 Transitional provision—Children and Young S. 601
inserted by
Persons (Age Jurisdiction) Act 2004 No. 72/2004
s. 33.
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

S. 602 602 Transitional provision—Crimes (Contamination of

inserted by Goods) Act 2005
No. 66/2005
s. 7. (1) The amendments of this Act made by the Crimes
(Contamination of Goods) Act 2005 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 been committed between two
dates, one before and one after the
commencement of the Crimes (Contamination
of Goods) Act 2005, the offence is alleged to
have been committed before that commencement.
S. 603 603 Transitional provision—Crimes (Homicide)
inserted by
No. 77/2005 Act 2005
s. 7.
(1) An amendment of this Act made by section 3, 4, 5
or 6 of the Crimes (Homicide) Act 2005 applies
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 been committed between two
dates, one before and one after the
commencement of the Crimes (Homicide)
Act 2005, the offence is alleged to have been
committed before that commencement.
S. 604 604 Transitional provision—Justice Legislation
inserted by
No. 14/2006 (Miscellaneous Amendments) Act 2006
s. 15.
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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

605 Transitional provision—Justice Legislation (Further S. 605

Miscellaneous Amendments) Act 2006 inserted by
No. 27/2006
(1) The amendments made to this Act by s. 18.

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.
606 Transitional provision—Courts Legislation S. 606
inserted by
(Jurisdiction) Act 2006 No. 50/2006
s. 11.
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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. 606A 606A Transitional provision—Crimes (Sexual Offences)
inserted by
No. 2/2006 Act 2006
s. 19A (as
amended by (1) An amendment made to this Act by a provision of
No. 76/2006
s. 10).
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.
(3) 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.
(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

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

alleged to have been committed before the

commencement of that provision.
607 Transitional provision—Crimes (Sexual Offences) S. 607
inserted by
(Further Amendment) Act 2006 No. 76/2006
s. 4.
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.
608 Transitional provisions—Crimes Amendment S. 608
inserted by
(DNA Database) Act 2007 No. 32/2007
s. 12.
(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
(6) In this section—
Amendment Act means the Crimes Amendment
(DNA Database) Act 2007.
S. 609 609 Transitional provision—Crimes Amendment (Rape)
inserted by
No. 57/2007 Act 2007
s. 9.
(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.
(3) 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.
(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 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

610 Transitional provision—Crimes Amendment S. 610

(Child Homicide) Act 2008 inserted by
No. 7/2008
(1) The amendments of this Act made by the Crimes s. 6.

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 been committed between two
dates, one before and one after the
commencement of the Crimes Amendment
(Child Homicide) Act 2008, the offence is
alleged to have been committed before that
commencement.
612 Transitional provision—Justice Legislation S. 612
inserted by
Amendment (Sex Offences Procedure) Act 2008 No. 18/2008
s. 4.
The amendments made to this Act by 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

S. 613 613 Transitional provision—Statute Law Amendment

inserted by (Evidence Consequential Provisions) Act 2009
No. 69/2009
s. 51. (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. 614 614 Transitional provision—Justice Legislation
inserted by
No. 87/2009 Miscellaneous Amendments Act 2009
s. 5 (as
amended by Section 464H as amended by section 3 of the
No. 30/2010
s. 84(1)).
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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

615 Transitional provision—Transport Legislation S. 615

Amendment (Hoon Boating and Other inserted by
No. 93/2009
Amendments) Act 2009 s. 46.

(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 been committed between two
dates, one before and one after the
commencement of sections 44 and 45 of the
Transport Legislation Amendment (Hoon
Boating and Other Amendments) Act 2009, the
offence is alleged to have been committed before
that commencement.
616 Transitional provision—Justice Legislation Further S. 616
inserted by
Amendment Act 2010 No. 64/2010
s. 6.
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.
617 Transitional provision—Crimes Amendment S. 617
inserted by
(Bullying) Act 2011 No. 20/2011
s. 4.
(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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(2) For the purposes of subsection (1), if an offence is

alleged to have been committed between two
dates, one before and one after the
commencement of section 3 of the Crimes
Amendment (Bullying) Act 2011, the offence is
alleged to have been committed before that
commencement.
S. 618 618 Transitional provision—Crimes Amendment
inserted by
No. 6/2013 (Gross Violence Offences) Act 2013
s. 6.
(1) This Act as amended by Part 2 of the Crimes
Amendment (Gross Violence Offences) Act
2013 applies 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 been committed between 2 dates,
one before and one after the commencement of
the Crimes Amendment (Gross Violence
Offences) Act 2013, the offence is alleged to have
been committed before that commencement.
S. 619 619 Transitional provision—Crimes Amendment
inserted by
No. 20/2013 (Integrity in Sports) Act 2013
s. 4.
(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have been committed between 2 dates,
one before and one after the commencement of
the Crimes Amendment (Integrity in Sports)
Act 2013, the offence is alleged to have been
committed before that commencement.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

620 Transitional provision—Crimes Amendment S. 620

(Investigation Powers) Act 2013 inserted by
No. 72/2013
(1) This Act as amended by sections 4, 5(2), 6, 7 s. 17.

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.
621 Transitional provision—Crimes Amendment S. 621
inserted by
(Grooming) Act 2014 No. 7/2014
s. 4.
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.
621A Transitional provision—Justice Legislation S. 621A
inserted by
Amendment (Confiscation and Other Matters) No. 79/2014
Bill 2014 s. 70.

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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

S. 622 622 Transitional provision—Crimes Amendment

inserted by (Protection of Children) Act 2014
No. 36/2014
s. 5. (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) (2) Section 327 as inserted by section 4 of the Crimes
amended by
No. 36/2014 Amendment (Protection of Children) Act 2014
s. 7(3). 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. 623 623 Transitional provision—Crimes Amendment
inserted by
No. 63/2014 (Abolition of Defensive Homicide) Act 2014
s. 8.
(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have 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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
(4) For the purposes of subsection (3), if an offence is
alleged to have been committed between 2 dates,
one before and one after the commencement of
section 6 of the Crimes Amendment (Abolition
of Defensive Homicide) Act 2014, the offence is
alleged to have been committed before that
commencement.
624 Transitional provisions—Sentencing Amendment S. 624
inserted by
(Coward's Punch Manslaughter and Other Matters) No. 72/2014
Act 2014 s. 5.

(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have been committed between 2 dates,
one before and one after the commencement of
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.
625 Transitional provision—Sentencing Amendment S. 625
inserted by
(Emergency Workers) Act 2014 No. 69/2014
s. 12 (as
(1) The amendments made to this Act by section 11 amended by
No. 72/2014
of the Sentencing Amendment (Emergency s. 13(3)(4)).
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.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(2) For the purposes of subsection (1), if an offence is

alleged to have been committed between 2 dates,
one before and one after the commencement of
section 11 of the Sentencing Amendment
(Emergency Workers) Act 2014, the offence is
alleged to have been committed before that
commencement.
S. 626 626 Transitional provision—Crimes Amendment
inserted by
No. 74/2014 (Sexual Offences and Other Matters) Act 2014
s. 9.
(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.
(2) For the purposes of subsection (1), if an offence is
alleged to have 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 before that commencement.
(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.
(4) For the purposes of subsection (3), if an offence is
alleged to have been committed between two
dates, one before and one after the
commencement of section 6 of the Crimes
Amendment (Sexual Offences and Other
Matters) Act 2014, the offence is alleged to have
been committed before that commencement.

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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.
627 Transitional provision—Justice Legislation S. 627
inserted by
Amendment Act 2015 No. 20/2015
s. 24.
(1) The amendments made to this Act by 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.
(2) For the purposes of subsection (1), if an offence is
alleged to have been committed between 2 dates,
one before and one on or after the commencement
of section 22 of the Justice Legislation
Amendment Act 2015, the offence is alleged to
have been committed before that commencement.
628 Transitional provision—Crimes Amendment S. 628
inserted by
(Child Pornography and Other Matters) Act 2015 No. 42/2015
s. 11.
(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—

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 Crimes Act 1958
No. 6231 of 1958
Part 7—General

(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. 630 630 Transitional provision—Police and Justice
inserted by
No. 54/2016 Legislation Amendment (Miscellaneous) Act 2016
s. 30.
(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.

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Part 7—General

(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).
(4) In this section—
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.

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 Crimes Act 1958
No. 6231 of 1958
Schedules

Schedules
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)).

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 Crimes Act 1958
No. 6231 of 1958

* * * * * 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
55
repealed.

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 Crimes Act 1958
No. 6231 of 1958
Schedule 7––Summary offences for which a person may be fingerprinted

Sch. 7
repealed by
Schedule 7––Summary offences for which
No. 8143 s. 11,
new Sch. 7
a person may be fingerprinted
inserted by Sections 464K, 464L, 464M
No. 129/1993
s. 8, 1 A summary offence where the maximum penalty (whether
amended by
Nos 20/2011 for a first or subsequent offence) is or includes a period of
s. 5(2), imprisonment.
37/2014
s. 10(Sch.
item 36.43).
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.

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No. 6231 of 1958
Schedule 8––Forensic sample offences

Schedule 8––Forensic sample offences Sch. 8

repealed by
Sections 464ZF, 464ZFAAA No. 8143 s. 11,
new Sch. 8
A forensic sample offence is: inserted by
No. 8870
s. 6(2),
Offences against the person—non-sexual offences amended by
Nos 9848
* * * * * s. 18(1),
16/1986 s. 30,
2 An offence against, or for which the penalty or the repealed by
No. 25/1989
maximum or minimum penalty is fixed by, section 4 s. 18(1),
(conspiracy to murder) (as amended) of the Crimes new Sch. 8
inserted by
Act 1958 repealed on 1 June 1984 by section 8(b) of the No. 81/1997
Crimes (Conspiracy and Incitement) Act 1984. s. 31,
amended by
Nos 67/2000
* * * * * s. 7(7)–(9),
61/2001
5 An offence against, or for which the penalty or the s. 16(1)(c),
maximum or minimum penalty is fixed by, any of the 16/2002
s. 18(1)(2),
following provisions (as amended) of the Crimes Act 35/2002
1958 repealed on 24 March 1986 by section 8(2) of the s. 28(Sch.
item 3.4),
Crimes (Amendment) Act 1985: 10/2003
s. 8(a)(b),
(a) section 17 (intentionally causing grievous bodily 77/2005
harm or shooting, etc. with intention to do grievous s. 8(3)(e),
27/2006 s. 16,
bodily harm or to resist or prevent arrest); 2/2006 ss 19B
(as amended
(b) section 19 (inflicting bodily injury); by No.
76/2006 s. 10),
(c) section 19A (inflicting grievous bodily harm); 42(a)(b),
7/2008
(d) section 20 (attempting to choke, etc. in order to s. 7(3)(g),
18/2008 s. 5,
commit an indictable offence). 6/2013 s. 7,
72/2013 s. 18,
* * * * * 74/2014
s. 7(9).

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)

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Schedule 8––Forensic sample 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.
8 An offence against, or for which the penalty or the
maximum or minimum 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).
9 An offence against, or for which the penalty or the
maximum or minimum 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);

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Schedule 8––Forensic sample offences

(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.);

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No. 6231 of 1958
Schedule 8––Forensic sample offences

(v) section 56 (abduction and detention);

(w) section 61 (unlawful detention for purposes of
sexual penetration).
10 An offence against, or for which the penalty or the
maximum or minimum 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;

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No. 6231 of 1958
Schedule 8––Forensic sample offences

(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).
11 An offence against, or for which the penalty or the
maximum or minimum 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.

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Schedule 8––Forensic sample offences

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.
* * * * *
12A An offence that, at the time it was committed, was a
forensic sample offence.

Property offences
* * * * *
14 An offence against, or for which the penalty or the
maximum or minimum 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).

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Schedule 8––Forensic sample offences

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.
* * * * *
18 An offence against, or for which the penalty or the
maximum or minimum 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
* * * * *

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Schedule 8––Forensic sample offences

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).
Schs 8A–11 * * * * *
56
repealed.

═══════════════

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Endnotes

Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised 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).

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Endnotes

• 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).

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Endnotes

2 Table of Amendments
This publication incorporates amendments made to the Crimes Act 1958 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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: All of Act in operation
Crimes (Penalties) Act 1959, No. 6561/1959
Assent Date: 17.11.59
Commencement Date: 17.11.59
Current State: All of Act in operation
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: All of Act in operation
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: 15.8.60: Government Gazette 27.7.60 p. 2565
Current State: All of Act in operation
Statute Law Revision Act 1960, No. 6716/1960
Assent Date: 21.12.60
Commencement Date: Sch. 1 on 1.4.59: s. 3
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Kidnapping) Act 1960, No. 6731/1960
Assent Date: 21.12.60
Commencement Date: 21.12.60
Current State: All of Act in operation
Evidence (Children) Act 1961, No. 6758/1961
Assent Date: 26.4.61
Commencement Date: 26.4.61
Current State: All of Act in operation

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Endnotes

Prostitution Act 1961, No. 6761/1961

Assent Date: 26.4.61
Commencement Date: 26.4.61
Current State: All of Act in operation
Motor Car (Amendment) Act 1961, No. 6762/1961
Assent Date: 26.4.61
Commencement Date: S. 13 on 5.6.61: Government Gazette 31.5.61 p. 1850
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Breath Test Evidence) Act 1961, No. 6806/1961
Assent Date: 5.12.61
Commencement Date: 20.12.61: Government Gazette 20.12.61 p. 4335
Current State: All of Act in operation
Companies Act 1961, No. 6839/1961
Assent Date: 19.12.61
Commencement Date: 1.7.62: Government Gazette 21.2.62 p. 392
Current State: All of Act in operation
Crimes (Detention) Act 1962, No. 6884/1962
Assent Date: 2.5.62
Commencement Date: 17.9.62: Government Gazette 12.9.62 p. 3228
Current State: All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 8.5.62
Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314
Current State: All of Act in operation
Justices (Amendment) Act 1962, No. 6958/1962
Assent Date: 18.12.62
Commencement Date: 18.12.62
Current State: All of Act in operation
Parole Board Membership Act 1963, No. 6994/1963
Assent Date: 7.5.63
Commencement Date: 7.5.63
Current State: All of Act in operation
Crimes (Aircraft) Act 1963, No. 7088/1963 (as amended by No. 7142/1964)
Assent Date: 10.12.63
Commencement Date: 10.12.63
Current State: All of Act in operation
Crimes (Amendment) Act 1964, No. 7184/1964
Assent Date: 2.12.64
Commencement Date: 15.2.65: Government Gazette 10.2.65 p. 279
Current State: All of Act in operation
Crimes (Illegal Use of Motor Cars) Act 1965, No. 7263/1965
Assent Date: 18.5.65
Commencement Date: 18.5.65
Current State: All of Act in operation

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Endnotes

Crimes (Parole) Act 1965, No. 7269/1965

Assent Date: 25.5.65
Commencement Date: 25.5.65
Current State: All of Act in operation
Motor Car (Driving Offences) Act 1965, No. 7327/1965
Assent Date: 7.12.65
Commencement Date: 1.2.66: Government Gazette 19.1.66 p. 209
Current State: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65
Commencement Date: 14.12.65: subject to s. 3
Current State: All of Act in operation
Crimes (Dangerous Driving) Act 1966, No. 7407/1966
Assent Date: 17.5.66
Commencement Date: 1.7.66: Government Gazette 22.6.66 p. 2205
Current State: All of Act in operation
Crimes Act 1967, No. 7546/1967
Assent Date: 17.3.67
Commencement Date: 17.3.67
Current State: All of Act in operation
Crimes (Amendment) Act 1967, No. 7577/1967
Assent Date: 8.11.67
Commencement Date: 8.11.67
Current State: All of Act in operation
Crimes (Driving Offences) Act 1967, No. 7645/1967 (as amended by
No. 7696/1968)
Assent Date: 19.12.67
Commencement Date: 1.3.68: Government Gazette 1.3.68 p. 577
Current State: All of Act in operation
Juries Act 1967, No. 7651/1967 (as amended by No. 7725/1968)
Assent Date: 19.12.67
Commencement Date: S. 2(1)(Sch. 1 Pt 2 item 3) on 1.1.69: Government
Gazette 4.12.68 p. 3919
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 1968, No. 7696/1968
Assent Date: 7.5.68
Commencement Date: 7.5.68
Current State: All of Act in operation
Abolition of Bailiwicks Act 1968, No. 7703/1968
Assent Date: 15.10.68
Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3930
Current State: All of Act in operation

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Endnotes

County Court (Jurisdiction) Act 1968, No. 7705/1968

Assent Date: 15.10.68
Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919
Current State: All of Act in operation
Crimes (Evidence) Act 1968, No. 7782/1968
Assent Date: 18.12.68
Commencement Date: 18.12.68
Current State: All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 25.11.69
Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70;
ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette
25.2.70 p. 463
Current State: All of Act in operation
Abolition of Obsolete Offences Act 1969, No. 7884/1969
Assent Date: 2.12.69
Commencement Date: 2.12.69
Current State: All of Act in operation
Legal Aid Act 1969, No. 7919/1969
Assent Date: 16.12.69
Commencement Date: All of Act (except Pt 1) on 1.6.70: Government
Gazette 6.5.70 p. 1210; Pt 1 on 1.10.70:
Government Gazette 16.9.70 p. 3073
Current State: All of Act in operation
Crimes (Amendment) Act 1970, No. 7994/1970
Assent Date: 4.11.70
Commencement Date: 4.11.70
Current State: All of Act in operation
Criminal Appeals Act 1970, No. 8063/1970
Assent Date: 22.12.70
Commencement Date: 15.4.71: Government Gazette 7.4.71 p. 830
Current State: All of Act in operation
Motor Car (Driving Offences) Act 1971, No. 8143/1971
Assent Date: 4.5.71
Commencement Date: 1.8.71: Government Gazette 28.7.71 p. 2502
Current State: All of Act in operation
Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971
Assent Date: 23.11.71
Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845
Current State: All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: 23.11.71
Commencement Date: 23.11.71: subject to s. 2(2)
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Powers of Arrest) Act 1972, No. 8247/1972

Assent Date: 6.4.72
Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360
Current State: All of Act in operation
Justices Act 1972, No. 8275/1972
Assent Date: 13.5.72
Commencement Date: 15.1.73: Government Gazette 10.1.73 p. 45
Current State: All of Act in operation
Crimes (Amendment) Act 1972, No. 8280/1972
Assent Date: 13.5.72
Commencement Date: 13.5.72
Current State: All of Act in operation
Crimes Act 1972, No. 8338/1972
Assent Date: 5.12.72
Commencement Date: 29.1.73: Government Gazette 24.1.73 p. 164
Current State: All of Act in operation
Crimes (Amendment) Act 1973, No. 8410/1973
Assent Date: 17.4.73
Commencement Date: Ss 1–4 on 9.5.73: Government Gazette 9.5.73
p. 1014; s. 5 on 1.7.73: Government Gazette
20.6.73 p. 2064
Current State: All of Act in operation
Crimes (Theft) Act 1973, No. 8425/1973 (as amended by No. 9019/1977)
Assent Date: 17.4.73
Commencement Date: 1.10.74: Government Gazette 3.4.74 p. 790
Current State: All of Act in operation
Social Welfare (Amendment) Act 1973, No. 8426/1973 (as amended by
No. 8701/1975)
Assent Date: 17.4.73
Commencement Date: S. 9 on 7.6.76: Government Gazette 19.5.76
p. 1388
Current State: This information relates only to the provision/s
amending 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: All of Act in operation
Social Welfare Act 1973, No. 8493/1973
Assent Date: 4.12.73
Commencement Date: S. 33 on 2.7.74: Government Gazette 22.5.74
p. 1712
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

589
 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Capital Offences) Act 1975, No. 8679/1975

Assent Date: 29.4.75
Commencement Date: 29.4.75
Current State: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Constitution Act 1975, No. 8750/1975
Assent Date: 19.11.75
Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888
Current State: All of Act in operation
Crimes Act 1976, No. 8870/1976
Assent Date: 16.6.76
Commencement Date: Ss 1–3, 5, 7, 8 on 1.3.77: Government Gazette
26.1.77 p. 177; s. 4 on 1.7.76: s. 4(5); s. 6 on
1.7.77: Government Gazette 22.6.77 p. 1712
Current State: All of Act in operation
Rape Offences (Proceedings) Act 1976, No. 8950/1976
Assent Date: 14.12.76
Commencement Date: 1.7.77: Government Gazette 22.6.77 p. 1712
Current State: All of Act in operation
Magistrates' Courts (Commitment) Act 1977, No. 8998/1977
Assent Date: 10.5.77
Commencement Date: 10.5.77
Current State: All of Act in operation
Bail Act 1977, No. 9008/1977
Assent Date: 10.5.77
Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654
Current State: All of Act in operation
Statute Law Revision Act 1977, No. 9019/1977
Assent Date: 17.5.77
Commencement Date: 17.5.77: subject to s. 2
Current State: All of Act in operation
Crimes (Armed Robbery) Act 1977, No. 9048/1977
Assent Date: 22.11.77
Commencement Date: 22.11.77
Current State: All of Act in operation
Statute Law Revision Act 1977, No. 9059/1977
Assent Date: 29.11.77
Commencement Date: 29.11.77: subject to s. 2(2)
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Married Persons' Liability) Act 1977, No. 9073/1977

Assent Date: 6.12.77
Commencement Date: 1.2.78: Government Gazette 25.1.78 p. 201
Current State: All of Act in operation
Crimes (Hijackings and Other Offences) Act 1978, No. 9155/1978
Assent Date: 30.5.78
Commencement Date: 1.10.78: Government Gazette 6.9.78 p. 2869
Current State: All of Act in operation
Crimes (Criminal Damage) Act 1978, No. 9228/1978 (as amended by
No. 9427/1980)
Assent Date: 19.12.78
Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901
Current State: All of Act in operation
Crimes (Competence and Compellability of Spouse Witnesses) Act 1978,
No. 9230/1978
Assent Date: 19.12.78
Commencement Date: 1.7.79: Government Gazette 4.4.79 p. 901
Current State: All of Act in operation
Crimes (Amendment) Act 1978, No. 9242/1978
Assent Date: 19.12.78
Commencement Date: Ss 1, 3 on 19.12.78: s. 1(3); ss 2, 4 on 1.4.79:
Government Gazette 21.3.79 p. 729
Current State: All of Act in operation
Crimes (Amendment) Act 1979, No. 9323/1979
Assent Date: 18.12.79
Commencement Date: 1.7.80: Government Gazette 25.6.80 p. 2121
Current State: All of Act in operation
Imperial Law Re-enactment Act 1980, No. 9407/1980
Assent Date: 20.5.80
Commencement Date: 2.7.80: Government Gazette 2.7.80 p. 2257
Current State: All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date: 27.5.80
Commencement Date: 27.5.80 (except as otherwise provided in s. 6(2)):
s. 1(2)
Current State: All of Act in operation
Community Welfare Services (Extradition) Act 1980, No. 9498/1980
Assent Date: 23.12.80
Commencement Date: 23.12.80
Current State: All of Act in operation
Crimes (Sexual Offences) Act 1980, No. 9509/1980
Assent Date: 23.12.80
Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Statute Law Revision Act 1981, No. 9549/1981

Assent Date: 19.5.81
Commencement Date: 19.5.81: subject to s. 2(2)
Current State: All of Act in operation
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: Government Gazette 26.8.81 p. 2799
Current State: All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981 (as amended by
No. 9902/1983)
Assent Date: 26.5.81
Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799
Current State: All of Act in operation
Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981
Assent Date: 12.1.82
Commencement Date: 18.12.83: Government Gazette 14.12.83 p. 3955
Current State: All of Act in operation
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: All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date: 15.6.83
Commencement Date: 15.6.83: subject to s. 2(2)
Current State: All of Act in operation
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: This information relates only to the provision/s
amending 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:
Government Gazette 14.12.83 p. 4035
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Community Welfare Services (Director-General of Corrections) Act 1983,
No. 9966/1983
Assent Date: 22.11.83
Commencement Date: S. 21 on 1.2.84: Government Gazette 25.1.84
p. 162
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Procedure) Act 1983, No. 10026/1983

Assent Date: 20.12.83
Commencement Date: 7.2.84: Government Gazette 7.2.84 p. 381
Current State: All of Act in operation
Crimes (Criminal Investigations) Act 1984, No. 10076/1984
Assent Date: 15.5.84
Commencement Date: 5.6.84: Government Gazette 5.6.84 p. 1777
Current State: All of Act in operation
Crimes (Conspiracy and Incitement) Act 1984, No. 10079/1984
Assent Date: 15.5.84
Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119
Current State: All of Act in operation
Crimes (General Amendment) Act 1984, No. 10084/1984
Assent Date: 22.5.84
Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119
Current State: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84
Commencement Date: 22.5.84: subject to s. 3(2)
Current State: All of Act in operation
Planning (Brothels) Act 1984, No. 10094/1984 (as amended by No. 124/1986)
Assent Date: 22.5.84
Commencement Date: S. 14 on 2.7.84: Government Gazette 30.5.84
p. 1674
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Penalties and Sentences (Amendment) Act 1984, No. 10152/1984
Assent Date: 20.11.84
Commencement Date: S. 9 on 1.6.85: Government Gazette 22.5.85
p. 1667
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 1985, No. 10233/1985
Assent Date: 10.12.85
Commencement Date: Ss 1–3, 10 on 22.1.86: Government Gazette 22.1.86
p. 144; rest of Act on 24.3.86: Government Gazette
12.2.86 p. 382
Current State: All of Act in operation
Registration of Births Deaths and Marriages (Amendment) Act 1985,
No. 10244/1985
Assent Date: 10.12.85
Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Magistrates (Summary Proceedings) (Amendment) Act 1985, No. 10249/1985

Assent Date: 10.12.85
Commencement Date: S. 13 on 5.3.86: Government Gazette 5.3.86 p. 581
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date: 22.4.86
Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86
p. 2180
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 1986, No. 37/1986 (as amended by No. 35/1990)
Assent Date: 20.5.86
Commencement Date: 1.7.86: Government Gazette 25.6.86 p. 2239
Current State: All of Act in operation
Crimes (Confiscation of Profits) Act 1986, No. 101/1986
Assent Date: 16.12.86
Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924
Current State: All of Act in operation
Crimes (Proceedings) Act 1986, No. 102/1986
Assent Date: 16.12.86
Commencement Date: 1.4.87: Government Gazette 11.3.87 p. 539
Current State: All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date: 16.12.86
Commencement Date: 1.1.87: s. 2
Current State: All of Act in operation
Transport Accident Act 1986, No. 111/1986
Assent Date: 16.12.86
Commencement Date: S. 180(2)(Sch. 2 item 5) on 1.2.87: Government
Gazette 28.1.87 p. 180
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Corrections Act 1986, No. 117/1986
Assent Date: 23.12.86
Commencement Date: S. 6(Sch. 1 item 2(4)(5)) on 6.5.87: Government
Gazette 6.5.87 p. 1004; Sch. 1 item 1(8) on 1.3.88:
Government Gazette 24.2.88 p. 363
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending the Crimes Act 1958
Road Safety Act 1986, No. 127/1986
Assent Date: 23.12.86
Commencement Date: S. 102 on 1.3.87: Government Gazette 25.2.87
p. 445; Sch. 4 items 5.1–5.5 on 1.7.87: Special
Gazette (No. 27) 25.6.87 p. 1
Current State: This information relates only to the provision/s
amending 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: All of Act in operation
Crimes (Family Violence) Act 1987, No. 19/1987
Assent Date: 12.5.87
Commencement Date: 1.12.87: Government Gazette 23.9.87 p. 2521
Current State: All of Act in operation
Crimes (Amendment) Act 1987, No. 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: All of Act in operation
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:
Government Gazette 9.12.87 p. 3328
Current State: All of Act in operation
Crimes (Computers) Act 1988, No. 36/1988
Assent Date: 24.5.88
Commencement Date: 1.6.88: Government Gazette 1.6.88 p. 1487
Current State: All of Act in operation
Crimes (Custody and Investigation) Act 1988, No. 37/1988 (as amended by
No. 38/1988)
Assent Date: 24.5.88
Commencement Date: 15.3.89: Government Gazette 15.3.89 p. 589
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

595
 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Fingerprinting) Act 1988, No. 38/1988 (as amended by No. 25/1989)
Assent Date: 24.5.88
Commencement Date: Ss 4, 5 on 1.1.90: Government Gazette 20.12.89
p. 3290
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Firearms (Amendment) Act 1988, No. 40/1988
Assent Date: 24.5.88
Commencement Date: S. 22 on 25.5.88: Government Gazette 25.5.88
p. 1458
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
County Court (Amendment) Act 1989, No. 19/1989
Assent Date: 16.5.89
Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858
Current State: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Prescribed Weapons Act 1989, No. 39/1989
Assent Date: 6.6.89
Commencement Date: 1.9.89: Government Gazette 30.8.89 p. 2210
Current State: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Magistrates' Court Act 1989, No. 51/1989
Assent Date: 14.6.89
Commencement Date: S. 143 on 1.9.90: Government Gazette 25.7.90
p. 2216
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

596
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: All of Act in operation
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: All of Act in operation
Control of Weapons Act 1990, No. 24/1990
Assent Date: 5.6.90
Commencement Date: 31.8.90: Government Gazette 29.8.90 p. 2616
Current State: All of Act in operation
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: This information relates only to the provision/s
amending 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: All of Act in operation
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 5.8.91:
Government Gazette 24.7.91 p. 2026
Current State: This information relates only to the provision/s
amending 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: All of Act in operation

Authorised by the Chief Parliamentary Counsel

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 Crimes Act 1958
No. 6231 of 1958
Endnotes

Sentencing Act 1991, No. 49/1991 (as amended by No. 81/1991)

Assent Date: 25.6.91
Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898
Current State: All of Act in operation
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: All of Act in operation
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: Government Gazette 22.1.92 p. 114
Current State: All of Act in operation
Crimes (Culpable Driving) Act 1992, No. 13/1992
Assent Date: 2.6.92
Commencement Date: 13.6.92: Government Gazette 10.6.92 p. 1418
Current State: All of Act in operation
Evidence (Unsworn Evidence) Act 1993, No. 12/1993
Assent Date: 11.5.93
Commencement Date: 11.5.93: s. 2
Current State: All of Act in operation
Crimes (HIV) Act 1993, No. 19/1993
Assent Date: 25.5.93
Commencement Date: 25.5.93: s. 2
Current State: All of Act in operation
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: All of Act in operation
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 1.7.93: Government Gazette 1.7.93 p. 1735
Current State: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

598
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: All of Act in operation
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:
Government Gazette 23.6.94 p. 1672
Current State: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 1994, No. 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: All of Act in operation
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: All of Act in operation
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: All of Act in operation
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: All of Act in operation
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
1.1.96: Government Gazette 21.12.95 p. 3570
Current State: All of Act in operation

Authorised by the Chief Parliamentary Counsel

599
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Police and Corrections (Amendment) Act 1997, No. 26/1997
Assent Date: 20.5.97
Commencement Date: Ss 51–53 on 22.5.97: Government Gazette 22.5.97
p. 1131
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

600
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 1997, No. 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Confiscation Act 1997, No. 108/1997
Assent Date: 23.12.97
Commencement Date: S. 151 on 1.7.98: Government Gazette 25.6.98 p. 1561
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
(as amended by No. 12/1999)
Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

601
 Crimes Act 1958
No. 6231 of 1958
Endnotes

Crimes (Amendment) Act 1998, No. 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 2000, No. 67/2000
Assent Date: 21.11.00
Commencement Date: 22.11.00: s. 2
Current State: All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 30) on 22.11.00: s. 2(1)
Current State: This information relates only to the provision/s
amending 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: All of Act in operation

Authorised by the Chief Parliamentary Counsel

602
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Classification (Publications, Films and Computer Games) (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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

603
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Amendment) Act 2004, No. 41/2004
Assent Date: 16.6.04
Commencement Date: 17.6.04: s. 2
Current State: All of Act in operation
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: This information relates only to the provision/s
amending 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: All of Act in operation

Authorised by the Chief Parliamentary Counsel

604
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Classification (Publications, Films and Computer Games) (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: This information relates only to the provision/s
amending the Crimes Act 1958
Statute Law Revision Act 2005, No. 10/2005
Assent Date: 27.4.05
Commencement Date: S. 4(Sch. 2 item 1) on 28.4.05: s. 2
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

605
 Crimes Act 1958
No. 6231 of 1958
Endnotes

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments)
Act 2005, No. 93/2005
Assent Date: 29.11.05
Commencement Date: S. 9 on 1.7.06: s. 2(3)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Health Professions Registration Act 2005, No. 97/2005
Assent Date: 7.12.05
Commencement Date: S. 182(Sch. 4 item 14) on 1.7.07: s. 2(3)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006)
Assent Date: 7.3.06
Commencement Date: Ss 3–19B, 42 on 1.12.06: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes (Document Destruction) Act 2006, No. 6/2006
Assent Date: 4.4.06
Commencement Date: S. 3 on 1.9.06: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006
Assent Date: 11.4.06
Commencement Date: Ss 13–15 on 12.4.06: s. 2(1)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Disability Act 2006, No. 23/2006
Assent Date: 16.5.06
Commencement Date: S. 236 on 1.7.07: s. 2(3)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation (Further Miscellaneous Amendments) Act 2006, No. 27/2006
Assent Date: 6.6.06
Commencement Date: Ss 3–18 on 30.6.06: s. 2
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006,
No. 48/2006
Assent Date: 15.8.06
Commencement Date: S. 42(Sch. item 9) on 23.4.07: s. 2(3)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

606
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: All of Act in operation
Firearms Amendment Act 2007, No. 50/2007
Assent Date: 17.10.07
Commencement Date: S. 57 on 30.6.08: Government Gazette 26.6.08 p. 1388
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

607
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending the Crimes Act 1958
Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
Assent Date: 3.6.08
Commencement Date: S. 77 on 17.12.08: Special Gazette (No. 377) 16.12.08
p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08
Commencement Date: S. 143(Sch. 2 item 3) on 5.12.08: Special Gazette
(No. 340) 4.12.08 p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 2.9.08
Commencement Date: S. 272 on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Family Violence Protection Act 2008, No. 52/2008
Assent Date: 23.9.08
Commencement Date: S. 242 on 8.12.08: Special Gazette (No. 339) 4.12.08
p. 1
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Stalking Intervention Orders Act 2008, No. 68/2008
Assent Date: 18.11.08
Commencement Date: S. 69 on 8.12.08: Special Gazette (No. 339) 4.12.08
p. 1
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

608
 Crimes Act 1958
No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)
Assent Date: 10.3.09
Commencement Date: S. 422 on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation Amendment Act 2009, No. 25/2009
Assent Date: 17.6.09
Commencement Date: Ss 3–5 on 3.9.09: Government Gazette 3.9.09 p. 2331
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
(as amended by No. 30/2010)
Assent Date: 15.12.09
Commencement Date: Ss 3–5 on 1.11.10: s. 2(5)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

Authorised by the Chief Parliamentary Counsel

609
 Crimes Act 1958
No. 6231 of 1958
Endnotes

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act

2009, No. 93/2009
Assent Date: 15.12.09
Commencement Date: Ss 44–46 on 17.12.09: Government Gazette 17.12.09
p. 3339
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Legislation Amendment Act 2010, No. 7/2010
Assent Date: 16.3.10
Commencement Date: S. 3 on 17.3.10: s. 2
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010
Assent Date: 24.8.10
Commencement Date: Ss 227, 228 on 1.7.12: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Personal Safety Intervention Orders Act 2010, No. 53/2010
Assent Date: 7.9.10
Commencement Date: S. 221(Sch. item 4) on 5.9.11: Special Gazette
(No. 271) 23.8.11 p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010
Assent Date: 28.9.10
Commencement Date: S. 81(Sch. item 4) on 1.11.10: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation Further Amendment Act 2010, No. 64/2010
Assent Date: 28.9.10
Commencement Date: Ss 3–6 on 1.11.10: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Marine Safety Act 2010, No. 65/2010
Assent Date: 28.9.10
Commencement Date: S. 420(Sch. 3 item 3) on 1.7.12: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

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Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Children's Services Amendment Act 2011, No. 80/2011
Assent Date: 21.12.11
Commencement Date: S. 79(Sch. item 3) on 1.1.12: Special Gazette
(No. 423) 21.12.11 p. 2
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12
Commencement Date: S. 159 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

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Endnotes

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012,
No. 83/2012
Assent Date: 18.12.12
Commencement Date: S. 32 on 20.12.12: Special Gazette (No. 444) 19.12.12
p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Amendment (Gross Violence Offences) Act 2013, No. 6/2013
Assent Date: 26.2.13
Commencement Date: Ss 3–7 on 1.7.13: Special Gazette (No. 180) 21.5.13
p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Amendment (Integrity in Sports) Act 2013, No. 20/2013
Assent Date: 23.4.13
Commencement Date: 24.4.13: s. 2
Current State: All of Act in operation
Succession to the Crown (Request) Act 2013, No. 60/2013
Assent Date: 22.10.13
Commencement Date: S. 6(Sch. 2 item 1) on 26.3.15: s. 2(3)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13
Commencement Date: S. 5(Sch. 3 item 1) on 1.12.13: s. 2(1)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013
Assent Date: 3.12.13
Commencement Date: Ss 3−18 on 1.7.14: s. 2(2)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013
Assent Date: 17.12.13
Commencement Date: Ss 15, 16 on 18.12.13: s. 2(1)
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Amendment (Grooming) Act 2014, No. 7/2014
Assent Date: 25.2.14
Commencement Date: Ss 3, 4 on 9.4.14: Special Gazette (No. 112) 8.4.14
p. 1
Current State: This information relates only to the provision/s
amending the Crimes Act 1958

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Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Victoria Police Amendment (Consequential and Other Matters) Act 2014,
No. 37/2014
Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 36) on 1.7.14: Special Gazette
(No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

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Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act
2014, No. 72/2014
Assent Date: 30.9.14
Commencement Date: Ss 3–5 on 1.11.14: s. 2(4)
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Justice Legislation Amendment (Confiscation and Other Matters) Act 2014,
No. 79/2014
Assent Date: 21.10.14
Commencement Date: Ss 69, 70 on 22.10.14: s. 2(1)
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

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Endnotes

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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
Firearms Amendment (Trafficking and Other Measures) Act 2015, No. 44/2015
Assent Date: 22.9.15
Commencement Date: S. 9 on 1.12.15: Special Gazette (No. 349) 18.11.15
p. 1.
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958

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No. 6231 of 1958
Endnotes

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: This information relates only to the provision/s
amending the Crimes Act 1958
Witness Protection Amendment Act 2016, No. 34/2016
Assent Date: 15.6.16
Commencement Date: S. 40 on 5.10.16: Special Gazette (No. 289) 20.9.16
p. 1
Current State: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending 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: This information relates only to the provision/s
amending the Crimes Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Criminal Appeal Rules 1965, S.R. No. 144/1965 (as amended by S.R. No. 75/1987)
Date of Making: 6.7.65
Date of Commencement: 1.2.66: reg. 1(1)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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Endnotes

3 Amendments Not in Operation

This publication does not include amendments made to the Crimes Act 1958
by the following Act/s.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Crimes (Controlled Operations) Act 2004, No. 16/2004
Assent Date: 18.5.04
Commencement Date: S. 52 not yet proclaimed
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
Assent Date: 6.9.16
Commencement Date: Ss 3–23 not yet proclaimed
Current State: This information relates only to the provision/s
amending 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, 24, 25 not yet proclaimed
Current State: This information relates only to the provision/s
amending the Crimes Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
At the date of this publication, the following provisions amending the
Crimes Act 1958 were Not in Operation:
Amending Act/s:
Crimes (Controlled Operations) Act 2004, No. 16/2004
52 Crimes Act 1958
Sections 68(2), 194(5) and 195A(5) of the Crimes
Act 1958 are repealed.
——

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Endnotes

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

3 Subdivision (5) of Division 1 of Part I of the Crimes
Act 1958 substituted
For Subdivision (5) of Division 1 of Part I of the
Crimes Act 1958 substitute—

"(5) Corpses
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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(3) For the purposes of subsection (1)—
(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

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(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.
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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
Note
Exceptions apply to this offence—see section 34BD.
34BB Offensive conduct involving human
remains
(1) A person (A) commits an offence if—
(a) A intentionally engages in conduct
involving human remains; and
(b) the conduct is offensive.
(2) A person who commits an offence against
subsection (1) is liable to level 7
imprisonment (2 years maximum).
(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.

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(5) In this section—

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.
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.
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

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Endnotes

(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.
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
The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.".
4 Consent
Section 34C of the Crimes Act 1958 is repealed.
5 Section 35 substituted
For section 35 of the Crimes Act 1958
substitute—
"35 Definitions
(1) In Subdivisions (8A) to (8FA)—
animal means any animal (other than a
human being), whether vertebrate or
not;

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Endnotes

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;
vagina includes—
(a) the external genitalia; and
(b) a surgically constructed vagina.
(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

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Endnotes

(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.
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

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Endnotes

(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.
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.

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Endnotes

(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.
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.
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

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Endnotes

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).
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;

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Endnotes

(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.
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

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offence against section 42(1), would consent

to the act.
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
(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.

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(3) However, intoxication that comes about in

the circumstances referred to in subsection
(2)(c) 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.
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

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(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.
(2) In this section—
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.".
6 Objectives of Subdivisions 8A to 8G
In section 37A(b) of the Crimes Act 1958, after
"persons with a cognitive impairment" insert
"or mental illness".
7 Guiding principles
In section 37B(c) of the Crimes Act 1958, after
"persons with a cognitive impairment" insert
"or mental illness".

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8 Heading to Subdivision (8A) of Division 1 of Part I

of the Crimes Act 1958 substituted
For the heading to Subdivision (8A) of Division 1
of Part I of the Crimes Act 1958 substitute—

"(8A) Rape, sexual assault and associated

sexual offences".
9 Sections 37C to 37H repealed
Sections 37C to 37H of the Crimes Act 1958 are
repealed.
10 Rape
(1) Section 38(3) of the Crimes Act 1958 is
repealed.
(2) At the foot of section 38 of the Crimes Act 1958
insert—
"Note
An exception applies to this offence—see section 48A.".
11 Rape by compelling sexual penetration
(1) For section 39(1) of the Crimes Act 1958
substitute—
"(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

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(c) A does not reasonably believe that B

consents to the sexual penetration.".
(2) Section 39(3) of the Crimes Act 1958 is
repealed.
(3) At the foot of section 39 of the Crimes Act 1958
insert—
"Note
Exceptions apply to this offence—see section 48A.".
12 Sexual assault
(1) Section 40(3) and (4) of the Crimes Act 1958 is
repealed.
(2) For the note at the foot of section 40 of the
Crimes Act 1958 substitute—
"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.".
13 Sexual assault by compelling sexual touching
(1) For section 41(1)(a) of the Crimes Act 1958
substitute—
"(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".
(2) Section 41(3) and (4) of the Crimes Act 1958 is
repealed.

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(3) For the note at the foot of section 41 of the

Crimes Act 1958 substitute—
"Notes
1 Exceptions apply 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.".
14 Threat to commit a sexual offence
(1) In section 43(2) of the Crimes Act 1958—
(a) in paragraph (b)(v), for "animal." substitute
"animal;";
(b) after paragraph (b) insert—
"(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.".
(2) For section 43(4) of the Crimes Act 1958
substitute—
"(4) For the purposes of this section, a threat may
be made by words or conduct and may be
explicit or implicit.".
(3) The note at the foot of section 43 of the Crimes
Act 1958 is repealed.
15 Subdivision (8A) of Division 1 of Part I of the
Crimes Act 1958 amended
After section 43 of the Crimes Act 1958 insert—
"44 Procuring sexual act by threat
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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.
45 Procuring sexual act by fraud
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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
See section 35C for the meaning of taking part in a sexual
act.
46 Administration of an intoxicating
substance for a sexual purpose
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) In this section—
intoxicating substance includes any
substance that affects a person's senses
or understanding.
Note
See section 35C for the meaning of taking part in a sexual
act.
47 Abduction or detention for a sexual
purpose
(1) A person (A) commits an offence 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
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(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).
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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
See section 35C for the meaning of taking part in a sexual
act.
48 Sexual activity directed at another person
(1) A person (A) commits an offence 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.

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(2) A person who commits an offence against

subsection (1) is liable to level 6
imprisonment (5 years maximum).
Note
A mistaken but honest and reasonable belief that the
activity was not sexual is not a defence to this offence—
see section 48B.
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.

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48B No defence of mistaken but honest and

reasonable belief that touching or activity
was not sexual
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 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
The reference to A in this section is a reference to the same
A referred to in sections 40, 41 and 48.".
16 Division 1 of Part I of the Crimes Act 1958 amended
For Subdivisions (8B), (8C), (8D), (8E), (8EAA),
(8EA) and (8F) of Division 1 of Part I of the
Crimes Act 1958 substitute—

"(8B) Sexual offences against children

49A Sexual penetration of a child under the
age of 12
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 2
imprisonment (25 years maximum).
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.
49B Sexual penetration of a child under the
age of 16
(1) A person (A) commits an offence 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 16 years.

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(2) A person who commits an offence against

subsection (1) is liable to level 4
imprisonment (15 years maximum).
Notes
1 An exception applies to this offence—see section 49T.
2 Defences apply to this offence—see sections 49V
and 49W.
49C Sexual penetration of a child aged 16 or 17
under care, supervision or authority
(1) A person (A) commits an offence 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—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or
authority.

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(2) A person who commits an offence against

subsection (1) is liable to level 5
imprisonment (10 years maximum).
Notes
1 Exceptions apply to this offence—see sections 49T
and 49Y.
2 Defences apply to this offence—see sections 49X, 49Z
and 49ZA.
49D Sexual assault of a child under the age
of 16
(1) A person (A) commits an offence if—
(a) A intentionally—
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).

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(3) Whether or not the touching is contrary to

community standards of acceptable conduct
depends on the circumstances.
(4) For the purposes of subsection (3)—
(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.
49E Sexual assault of a child aged 16 or 17
under care, supervision or authority
(1) A person (A) commits an offence if—
(a) A intentionally—
(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

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(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—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or
authority; and
(c) the touching is—
(i) sexual; and
(ii) contrary to community standards
of acceptable conduct.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(3) Whether or not the touching is contrary to
community standards of acceptable conduct
depends on the circumstances.
(4) For the purposes of subsection (3)—
(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

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(ii) whether A believes that B

consents to the touching.
Notes
1 An exception applies to this offence—see section 49Y.
2 Defences apply to this offence—see sections 49X, 49Z
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 to this
offence—see section 49ZC.
49F Sexual activity in the presence of a child
under the age of 16
(1) A person (A) commits an offence if—
(a) A intentionally engages in an activity;
and
(b) the activity is sexual; 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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.

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(4) For the purposes of subsection (3)—

(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from engaging in the activity or
from the presence of B;
(b) the circumstances do not include—
(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—
(A) to being present when A
engages in the activity; or
(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.

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(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
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
activity was not sexual or that engaging in the activity
in the presence of B was not contrary to community
standards of acceptable conduct is not a defence to this
offence—see section 49ZC.
49G Sexual activity in the presence of a child
aged 16 or 17 under care, supervision or
authority
(1) A person (A) commits an offence if—
(a) A intentionally engages in an activity;
and
(b) the activity is sexual; 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—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or
authority; and
(f) engaging in the activity in the presence
of B is contrary to community
standards of acceptable conduct.

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(2) A person who commits an offence against

subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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.
(4) For the purposes of subsection (3)—
(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from engaging in the activity or
from the presence of B;
(b) the circumstances do not include—
(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—
(A) to being present when A
engages in the activity; or
(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

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(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
1 An exception applies to this offence—see section 49Y.
2 Defences apply to this offence—see sections 49X, 49Z
and 49ZA.
3 A mistaken but honest and reasonable belief that the
activity was not sexual or that engaging in the activity
in the presence of B was not contrary to community
standards of acceptable conduct is not a defence to this
offence—see section 49ZC.
49H Causing a child under the age of 16 to be
present during sexual activity
(1) A person (A) commits an offence if—
(a) another person (B) engages in an
activity; and
(b) the activity is sexual; 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

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(f) A's causing or allowing C to be present

when B engages in the activity is
contrary to community standards of
acceptable conduct.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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.
(4) For the purposes of subsection (3)—
(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from B engaging in the activity or
from the presence of C;
(b) the circumstances do not include—
(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—
(A) to being present when B
engages in the activity; or
(B) to B engaging in the activity.

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(5) For the purposes of subsection (1), when B

engages in an activity, C 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 C 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 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 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
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
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.
49I Causing a child aged 16 or 17 under care,
supervision or authority to be present
during sexual activity
(1) A person (A) commits an offence if—
(a) another person (B) engages in an
activity; and
(b) the activity is sexual; and

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(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—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or
authority; 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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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.
(4) For the purposes of subsection (3)—
(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from B engaging in the activity or
from the presence of C;
(b) the circumstances do not include—
(i) whether C consents—
(A) to being present when B
engages in the activity; or

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(B) to B engaging in the activity;

or
(ii) whether A believes that C
consents—
(A) to being present when B
engages in the activity; or
(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
(b) by means of an electronic
communication within the meaning
of the Electronic Transactions
(Victoria) Act 2000 that is received by
C 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 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 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
1 An exception applies to this offence—see section 49Y.
2 Defences apply to this offence—see sections 49X, 49Z
and 49ZA.
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.

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49J Persistent sexual abuse of a child under

the age of 16
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 2
imprisonment (25 years maximum).
(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);

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(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.

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(9) A prosecution for an offence under

subsection (1) must not be commenced
without the consent of the Director of Public
Prosecutions.
49K Encouraging a child under the age of 16 to
engage in, or be involved in, sexual
activity
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) For the purposes of subsection (1)
encouraging may be done—
(a) in person; or
(b) by means of an electronic
communication within the meaning of
the Electronic Transactions
(Victoria) Act 2000.

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(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).
(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.
(8) In this section—
encourage includes suggest, request, urge
and demand.
Notes
1 A defence applies to this offence—see section 49W.
2 A mistaken but honest and reasonable belief that the
activity was not sexual is not a defence to this
offence—see section 49ZC.

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49L Encouraging a child aged 16 or 17 under

care, supervision or authority to engage
in, or be involved in, sexual activity
(1) A person (A) commits an offence 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—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or
authority; and
(e) A seeks or gets sexual arousal or sexual
gratification from—
(i) the encouragement; or
(ii) the sexual activity that is
encouraged.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(3) For the purposes of subsection (1)
encouraging may be done—
(a) in person; or
(b) by means of an electronic
communication within the meaning of
the 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

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(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).
(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.
(8) In this section—
encourage includes suggest, request, urge
and demand.
Notes
1 An exception applies to this offence—see section 49Y.
2 Defences apply to this offence—see sections 49X, 49Z
and 49ZA.
3 A mistaken but honest and reasonable belief that the
activity was not sexual is not a defence to this
offence—see section 49ZC.

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49M Grooming for sexual conduct with a child

under the age of 16
(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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.
(4) It is immaterial that some or all of the
conduct constituting an 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.

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(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.
(7) In this section—
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).
49N Loitering near schools etc. by sexual
offender
(1) A person (A) commits an offence if—
(a) A has been found guilty of a relevant
offence; and
(b) A loiters at or near a place; and

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(3) In this section—
children's services centre means a place at
which a children's service within the
meaning of the Children's Services
Act 1996 operates;
education and care service premises means
a place at which an education and care
service (other than a family day care
service) within the meaning of the
Education and Care Services National
Law (Victoria) educates or cares for
children;

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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)

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(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);
sexual offence means—
(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

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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.
49O Failure by a person in authority to protect
a child from a sexual offence
(1) A person (A) commits an 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

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(e) A negligently fails to reduce or remove

that risk.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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.
(7) In this section—
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;

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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

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(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);
sexual offence means—
(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).
49P Abduction or detention of a child under
the age of 16 for a sexual purpose
(1) A person (A) commits an offence 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

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(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).
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
Note
See section 35C for the meaning of taking part in a sexual
act.

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49Q Causing or allowing a sexual performance

involving a child
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) In this section—
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.

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49R Inviting or offering a sexual performance

involving a child
(1) A person (A) commits an offence if—
(a) A intentionally—
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) In this section—
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 to this
offence—see section 49ZC.

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49S Facilitating a sexual offence against a

child
(1) A person (A) commits an offence 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

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subparagraph (i) whether or not it

constitutes an offence in the place
in which it takes place.
(2) A person who commits an offence against
subsection (1) is liable to level 3
imprisonment (20 years maximum).
(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 to
this offence—see section 49ZC.
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
The reference to A in this section is a reference to the same
A referred to in sections 49A, 49B and 49C.

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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.
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.

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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).

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49X Defences to offences against children

aged 16 or 17 or under 18—reasonable
belief as to age
(1) It is a defence to a charge for an offence
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.
(4) A bears the burden of proving (on the
balance of probabilities) the matter referred
to in subsection (1), (2) or (3)(b).
Notes
1 References to A, B and C in this section are references
to the same A, B 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).

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49Y Exceptions to offences against children

aged 16 or 17—marriage or domestic
partnership
(1) A does not commit an offence against
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

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(ii) is C's domestic partner and the

domestic partnership commenced
before C came under A's care,
supervision or authority.
Note
References to A, B and C in this section are references to the
same A, B and C referred to in sections 49C, 49E, 49G, 49I
and 49L.
49Z Defences to offences against children
aged 16 or 17—reasonable belief as to
marriage or domestic partnership
(1) It is a defence to a charge for an offence
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.
(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) A reasonably believed that A and C
were married to each other and that the
marriage was recognised as valid under

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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.
(3) A bears the burden of proving (on the
balance of probabilities) the matter referred
to in subsection (1)(a) or (b)(ii) or (2)(a)
or (b)(ii).
Notes
1 References to A, B and C in this section are references
to the same A, B and C referred to in sections 49C,
49E, 49G, 49I and 49L.
2 An evidential burden applies to the matters referred to
in subsections (1)(b)(i) and (2)(b)(i).
49ZA Defences to offences against children aged
16 or 17—reasonable belief as to care,
supervision or authority
(1) It is a defence to a charge for an offence
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.
(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 not under A's
care, supervision or authority.

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(3) A bears the burden of proving (on the

balance of probabilities) the matter referred
to in subsection (1) or (2).
Note
References to A, B and C in this section are references to the
same A, B and C referred to in sections 49C, 49E, 49G, 49I
and 49L.
49ZB Exception to loitering offence
A does not commit an offence against
section 49N(1) if A has a reasonable excuse
for loitering at or near a place referred to in
section 49N(1)(c).
Note
The reference to A in this section is a reference to the same
A referred to in section 49N.
49ZC No defence of mistaken but honest and
reasonable belief of certain matters
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 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

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(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)—
(i) the activity was not sexual; or
(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
References to A, B and C in this section are references to the
same A, B and C referred to in sections 49A, 49D, 49E, 49F,
49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S.

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(8C) Incest
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;

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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.
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.
50C Sexual penetration of a child or lineal
descendant
(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another
person (B); or
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 2
imprisonment (25 years maximum).
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.

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50D Sexual penetration of a step-child

(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another
person (B); or
(ii) causes or allows B to sexually
penetrate A; and
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 2
imprisonment (25 years maximum).
Notes
1 Exceptions apply to this offence—see sections 50G
and 50I.
2 A defence applies to this offence—see section 50H.
3 B's consent is not a defence to this offence—see
section 50K.
50E Sexual penetration of a parent, lineal
ancestor or step-parent
(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another
person (B); or
(ii) causes or allows B to sexually
penetrate A; and
(b) A is 18 years of age or more; and
(c) B is A's parent, lineal ancestor or
step-parent; and

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(d) A knows that B is A's parent, lineal

ancestor or step-parent.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
Notes
1 Exceptions apply to this offence—see sections 50G
and 50J.
2 A defence applies to this offence—see section 50H.
3 B's consent is not a defence to this offence—see
section 50K.
50F Sexual penetration of a sibling or
half-sibling
(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another
person (B); or
(ii) causes or allows B to sexually
penetrate A; and
(b) B is A's sibling or half-sibling; and
(c) A knows that B is A's sibling or
half-sibling.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
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.

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50G Exception—medical or hygienic purposes

A does not commit an offence against a
provision 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
The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.
50H Defence—accused did not consent
It is a defence to a charge for an offence
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.
50I Exception to offences against section 50D
A does not commit an offence against
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

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(c) B has not at any time been under A's

care, supervision or authority.
Note
References to A and B in this section are references to the
same A and B referred to in section 50D.
50J Exceptions to offences against section 50E
(1) A does not commit an offence against
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
References to A and B in this section are references to the
same A and B referred to in section 50E.
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.

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(8D) Child abuse material

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

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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;

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(c) facilitating the viewing, uploading

or downloading of child abuse
material;
electronic material includes data from
which text, images or sound may be
generated;
encourage includes suggest, request, urge
and 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

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(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.
51B Involving a child in the production of
child abuse material
(1) A person (A) commits an offence if—
(a) A intentionally involves another person
(B) in the production of material; and
(b) B is a child; and

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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.
51C Producing child abuse material
(1) A person (A) commits an offence if—
(a) A intentionally produces material; and
(b) the material is child abuse material; and

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(c) A knows that the material is, or

probably is, child abuse material.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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
1 Exceptions apply to this offence—see sections 51J,
51K and 51M.
2 Defences apply to this offence—see sections 51L, 51N,
51O, 51P, 51Q and 51R.
3 A mistaken but honest and reasonable belief that
reasonable persons would not regard the child abuse
material as offensive is not a defence to this offence—
see section 51U.
51D Distributing child abuse material
(1) A person (A) commits an offence if—
(a) A intentionally distributes material; and
(b) the material is child abuse material; and
(c) A knows that the material is, or
probably is, child abuse material.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) It is not necessary to prove—
(a) the identity of any person to whom the
material was distributed; or

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(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.
2 Exceptions apply to this offence—see sections 51J,
51K and 51M.
3 Defences apply to this offence—see sections 51L, 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.
51E Administering a website used to deal with
child abuse material
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) It is not necessary to prove the identity of the
person using the website to deal with child
abuse material.
(4) It is immaterial that some or all of the
conduct constituting an offence against
subsection (1) occurred outside Victoria or
that a computer or device used in connection
with administering the website was outside
Victoria, so long as—
(a) the person using the website to deal
with child 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—

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(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
1 Exceptions apply to this offence—see sections 51J,
51K and 51S.
2 Defences apply to this offence—see section 51L.
3 A mistaken but honest and reasonable belief that
reasonable persons would not regard the child abuse
material as offensive is not a defence to this offence—
see section 51U.
51F Encouraging use of a website to deal with
child abuse material
(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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

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(b) that another person in fact used the

website to deal with child abuse
material; or
(c) if another person did in fact use the
website to deal with child abuse
material, that it was A's encouragement
that caused the person to do so.
(4) Despite anything to the contrary in
Division 12, it is not an offence for a person
to attempt to commit an offence against
subsection (1).
(5) It is immaterial that some or all of the
conduct constituting an 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.
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.

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51G Possession of child abuse material

(1) A person (A) commits an offence if A
knowingly possesses child abuse material.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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 some or all of the
conduct constituting an offence against
subsection (1) 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.

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Notes
1 Exceptions apply to this offence—see sections 51J,
51K and 51M.
2 Defences apply to this offence—see sections 51L, 51N,
51O, 51P, 51Q, 51R and 51T.
3 A mistaken but honest and reasonable belief that
reasonable persons would not regard the child abuse
material as offensive is not a defence to this offence—
see section 51U.
51H Accessing child abuse material
(1) A person (A) commits an offence if—
(a) A intentionally accesses material; and
(b) the material is child abuse material; and
(c) A knows that the material is, or
probably is, child abuse material.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(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
1 Exceptions apply to this offence—see sections 51J,
51K and 51M.
2 Defences apply to this offence—see sections 51L, 51N,
51O, 51P, 51Q and 51R.
3 A mistaken but honest and reasonable belief that
reasonable persons would not regard the child abuse
material as offensive is not a defence to this offence—
see section 51U.

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51I Assisting a person to avoid apprehension

(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
(3) It is not necessary to prove—
(a) the identity of the person to whom the
information was provided; or
(b) that the information was actually used
by the other person.
(4) It is immaterial that some or all of the
conduct constituting an 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

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against subsection (1) occurred, so long as

that conduct occurred in Victoria.
(6) For the purposes of subsections (4) and (5),
information is provided by A to B at the
place where A is at the time of giving that
information irrespective of where B is at the
time of receiving that information.
Note
A mistaken but honest and reasonable belief that reasonable
persons would not regard the child abuse material as
offensive is not a defence to this offence—see section 51U.
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
The reference to A in this section is a reference to the same
A referred to in the child abuse material offence provisions.
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

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than RC or would, if classified, have been

classified other than RC.
Notes
1 The reference to A in this section is a reference to the
same A referred to in the child abuse material offence
provisions.
2 Under the Classification (Publications, Films and
Computer Games) Act 1995 of the Commonwealth, a
classification of RC means Refused Classification.
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.

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(3) A bears the burden of proving (on the

balance of probabilities) the matter referred
to in subsection (1)(a)(ii) or (b).
Notes
1 The reference to A in this section is a reference to the
same A referred to in the child abuse material offence
provisions.
2 An evidential burden applies to the matter referred to in
subsection (1)(a)(i).
51M Exceptions applying to children
(1) A does not commit an offence against
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—
(a) A is a child; and
(b) the child abuse material is an image;
and

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(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.
51N Defence applying to children
(1) It is a defence to a charge for an offence
against 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 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

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(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.

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(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).
51O Defence—image of oneself
(1) It is a defence to a charge for an offence
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.
2 An evidential burden applies to the matters referred to
in subsection (1)(a), (c) and (d).
3 Sections 51M(1) or (2) or 51N may apply if A is a
child.

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51P Defence—accused not more than 2 years

older than 16 or 17 year old child and acts
with child's consent
(1) It is a defence to a charge for an offence
against section 51B(1), 51C(1), 51D(1),
51G(1) or 51H(1) if—
(a) the child abuse material is an image;
and
(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
(d) A did 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.
(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 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

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any later time at which a copy, reproduction

or alteration of the image is made.
(4) A bears the burden of proving (on the
balance of probabilities) the matters referred
to in subsection (1)(e) and (f).
Notes
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.
2 An evidential burden applies to the matters referred to
in subsection (1)(a), (b), (c) and (d).
51Q Defence—marriage or domestic
partnership
(1) It is a defence to a charge for an offence
against section 51B(1), 51C(1), 51D(1),
51G(1) or 51H(1) if—
(a) the child abuse material is an image;
and
(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
(d) A does not distribute the image to any
person other than B; and
(e) at the time at which the image was first
made—
(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

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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.
(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) For the purposes of subsection (1)(e), the
reference to the time at which the image was
first made does not include a reference to
any later time at which a copy, reproduction
or alteration of the image is made.
(4) A bears the burden of proving (on the
balance of probabilities) the matter referred
to in subsection (1)(f)(ii).
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.

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2 An evidential burden applies to the matters referred to

in subsection (1)(a), (b), (c), (d), (e) and (f)(i).
3 See section 36 for the meaning of consent.
51R Defence—reasonable belief in marriage or
domestic partnership
(1) It is a defence to a charge for an offence
against section 51B(1), 51C(1), 51D(1),
51G(1) or 51H(1) if—
(a) the child abuse material is an image;
and
(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
(d) A does not distribute the image to any
person other than B; and
(e) at the time at which the image was first
made, A reasonably believed that—
(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

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(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.
(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) For the purposes of subsection (1)(e), the
reference to the time at which the image was
first made does not include a reference to
any later time at which a copy, reproduction
or alteration of the image is made.
(4) A bears the burden of proving (on the
balance of probabilities) the matter referred
to in subsection (1)(e) and (f).
Notes
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.
2 An evidential burden applies to the matters referred to
in subsection (1)(a), (b), (c) and (d).
3 See section 36 for the meaning of consent.
51S Defence—reasonable steps to prevent use
of a website for child abuse material
(1) It is a defence to a charge for an offence
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

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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
The reference to A in this section is a reference to the same
A referred to in section 51E.
51T Defence—unsolicited possession
It is a defence to a charge for an offence
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

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(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
The reference to A in this section is a reference to the
same A referred to in section 51G.
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
The reference to A in this section is a reference to the same
A referred to in the child abuse material offence provisions.
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.

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(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.

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(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.
(9) In this section—
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.
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

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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

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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.

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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

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(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.
(8) In this section—
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.

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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.

(8E) Sexual offences against persons with a

cognitive impairment or mental illness
52A Definitions
In this Subdivision—
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;
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
(c) residential care within the
meaning of the Aged Care
Act 1997 of the Commonwealth;

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service provider includes—

(a) a disability service provider within
the meaning of the Disability
Act 2006; 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.

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(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.
52B Sexual penetration of a person with a
cognitive impairment or mental illness
(1) A person (A) commits an offence 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 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

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(ii) is a worker for a service provider

that provides treatment or support
services to B.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).
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.
52C Sexual assault of a person with a cognitive
impairment or mental illness
(1) A person (A) commits an offence if—
(a) A intentionally—
(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
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

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(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; and
(d) the touching is—
(i) sexual; and
(ii) contrary to community standards
of acceptable conduct.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(3) Whether or not the touching is contrary to
community standards of acceptable conduct
depends on the circumstances.
(4) For the purposes of subsection (3)—
(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 52G.
2 Defences apply to this offence—see sections 52H, 52I
and 52J.

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3 A mistaken but honest and reasonable belief of certain

matters is not a defence against this offence—see
section 52K.
52D Sexual activity in the presence of a person
with a cognitive impairment or mental
illness
(1) A person (A) commits an offence if—
(a) A intentionally engages in an activity;
and
(b) the activity is sexual; 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 has a cognitive impairment or mental
illness; and
(f) 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; and
(g) engaging in the activity in the presence
of B is contrary to community
standards of acceptable conduct.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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.

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(4) For the purposes of subsection (3)—

(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from engaging in the activity or
from the presence of B;
(b) the circumstances do not include—
(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—
(A) to being present when A
engages in the activity; or
(B) to A engaging in the activity.
Notes
1 An exception applies to this offence—see section 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.
52E Causing a person with a cognitive
impairment or mental illness to be present
during sexual activity
(1) A person (A) commits an offence if—
(a) another person (B) engages in an
activity; and

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(b) the activity is sexual; 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 has a cognitive impairment or mental
illness; and
(f) A—
(i) provides treatment or support
services to C; or
(ii) is a worker for a service provider
that provides treatment 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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
(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.
(4) For the purposes of subsection (3)—
(a) the circumstances include—
(i) the purpose of the activity; and
(ii) whether A seeks or gets sexual
arousal or sexual gratification
from B engaging in the activity or
from the presence of C;

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(b) the circumstances do not include—

(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—
(A) to being present when B
engages in the activity; or
(B) to B engaging in the activity.
Notes
1 An exception applies to this offence—see section 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.
52F Exceptions to sexual penetration offence—
medical, hygienic, veterinary, agricultural
or scientific purposes
A does not commit an offence against
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

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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
The reference to A in this section is a reference to the
same A referred to in section 52B.
52G Exception—marriage or domestic
partnership
A does not commit an offence against a
provision 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
The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.
52H Defence—reasonable belief in marriage or
domestic partnership
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—

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(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
The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.
52I Defence—reasonable belief a person does
not have a cognitive impairment or mental
illness
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
person who has a cognitive impairment or
mental illness did not have a cognitive
impairment or mental illness.
Note
The reference to A in this section is a reference to the same
A referred to in the offence provisions in this Subdivision.
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

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provider was not providing treatment or

support services to the person who has a
cognitive impairment or mental illness.
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 The prosecution is required to prove that A is a worker
for a service provider—see sections 52B, 52C, 52D
and 52E.
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

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(b) for an offence against section 52D(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
(c) for an offence against section 52E(1)—
(i) the activity was not sexual; or
(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.

(8F) Sexual servitude

53A Definitions
In this Subdivision—
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

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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.
53B Using force, threat etc. to cause another
person to provide commercial sexual
services
(1) A person (A) commits an offence 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

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(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.
(2) A person who commits an offence against
subsection (1) is liable to level 4
imprisonment (15 years maximum).

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53C Causing another person to provide

commercial sexual services in
circumstances involving sexual servitude
(1) A person (A) commits an offence 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
(iv) engages in fraud or
misrepresentation (including by
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—
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 4
imprisonment (15 years maximum).

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53D Conducting a business in circumstances

involving sexual servitude
(1) A person (A) commits an offence 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
(iv) engages in fraud or
misrepresentation (including by
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—
(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.
(2) A person who commits an offence against
subsection (1) is liable to level 4
imprisonment (15 years maximum).

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(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.
53E Aggravated sexual servitude
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 3
imprisonment (20 years maximum).
53F Deceptive recruiting for commercial
sexual services
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).

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53G Aggravated deceptive recruiting for

commercial sexual services
(1) A person (A) commits an offence 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.
(2) A person who commits an offence against
subsection (1) is liable to level 5
imprisonment (10 years maximum).

(8FA) Other sexual offences

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.
(2) A person who commits an offence against
subsection (1) is liable to level 6
imprisonment (5 years maximum).
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.

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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
The reference to A in this section is a reference to the same
A referred to in section 54A.
54C Abolition of common law offence of wilful
exposure
The offence of wilful exposure at common
law is abolished.".
17 Abrogation of obsolete rules of law
In section 62(3) of the Crimes Act 1958, for
"section 35 or 37D" substitute "section 35A".
18 Repeal of Subdivisions (13) and (14) of Division 1 of
Part I
Subdivisions (13) and (14) of Division 1 of Part I
of the Crimes Act 1958 are repealed.
19 Maximum term of imprisonment for certain
common law offences
In the Table in section 320 of the Crimes
Act 1958 omit—
"Wilful exposure Level 6 imprisonment
(5 years maximum).".

20 Confidentiality
After section 330(1) of the Crimes Act 1958
insert—
"(1A) An offence against subsection (1) is a
summary offence.".

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21 Alternative verdicts for certain charges of sexual

offences
(1) For section 425(1)(c) and (e) of the Crimes
Act 1958 substitute—
"(c) an offence against section 49A(1) (sexual
penetration of a child under the age of 12); or
(d) an offence against section 49B(1) (sexual
penetration of a child under the age of 16); or
(e) an offence against section 49D(1) (sexual
assault of a child under the age of 16); or
(ea) an offence against section 49F(1) (sexual
activity in the presence of a child under the
age of 16); or".
(2) In section 425(3) of the Crimes Act 1958, for
"44 or 45(1)" substitute "49A(1), 49B(1), 50C(1),
50D(1) or 50F(1)".
(3) For section 425(3)(b) of the Crimes Act 1958
substitute—
"(b) an offence against section 49D(1) (sexual
assault of a child under the age of 16); or
(ba) an offence against section 49F(1) (sexual
activity in the presence of a child under the
age of 16); or".
22 New section 629 inserted
After section 628 of the Crimes Act 1958
insert—
"629 Transitional provision—Crimes
Amendment (Sexual Offences) Act 2016
The amendments made to this Act by
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

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Endnotes

Act 2009) on or after the day on which that

section comes into operation.".
23 Schedule 8—forensic sample offences
In Schedule 8 to the Crimes Act 1958, after
item 11B insert—
"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);

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(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 Crimes
Amendment (Sexual Offences) Act 2016.
11I An offence against section 49C(2) of the
Crimes Act 1958 (failure by person in
authority to protect child from sexual

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Endnotes

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 Crimes
Amendment (Sexual Offences) Act 2016.
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

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Endnotes

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
Crimes Amendment (Sexual Offences)
Act 2016.
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
Amendment (Sexual Offences) Act 2016.
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

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Endnotes

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 Amendment
(Sexual Offences) Act 2016.
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.".
——
Sentencing (Community Correction Order) and Other Acts
Amendment Act 2016, No. 65/2016
20 Crimes Act 1958
(1) At the foot of section 3(1) of the Crimes
Act 1958 insert—
"Note
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.".
(2) In section 5 of the Crimes Act 1958 omit
"or to a fine in addition to or without any such
other punishment as aforesaid".
(3) Before note 1 at the foot of section 5 of the
Crimes Act 1958 insert—
"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.".

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(4) In the notes at the foot of section 5 of the Crimes

Act 1958—
(a) for "1 Sections" substitute "2 Sections";
(b) for "2" substitute "3";
(c) for "3" substitute "4".
(5) At the foot of section 5A of the Crimes Act 1958
insert—
"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.".
(6) At the foot of section 15A(1) of the Crimes
Act 1958 insert—
"Note
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.".
(7) In note 3 at the foot of section 15A of the Crimes
Act 1958, after "discretion." insert "See also
section 5(2G) of that Act.".
(8) At the foot of section 15B(1) of the Crimes
Act 1958 insert—
"Note
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.".
(9) In note 3 at the foot of section 15B of the Crimes
Act 1958, after "discretion." insert "See also
section 5(2G) of that Act.".

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Endnotes

(10) Before note 1 at the foot of section 16 of the

Crimes Act 1958 insert—
"1 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.".
(11) In the notes at the foot of section 16 of the Crimes
Act 1958—
(a) for "1 Section" substitute "2 Section";
(b) for "2" substitute "3";
(c) for "3 If" substitute "4 If";
(d) after "discretion." insert "See also
section 5(2H) of that Act.".
(12) At the foot of section 38(2) of the Crimes
Act 1958 insert—
"Note
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.".
(13) At the foot of section 39(2) of the Crimes
Act 1958 insert—
"Note
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.".
(14) At the foot of section 44(1) of the Crimes
Act 1958 insert—
"Note
An offence against subsection (1) is a category 1 offence
under the Sentencing Act 1991 if the victim was, at the
time of the offence, under the age of 18. See section 5(2G)

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Endnotes

of that Act for the requirement to impose a custodial order

for this offence.".
(15) At the foot of section 44(2) of the Crimes
Act 1958 insert—
"Note
An offence against subsection (2) 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.".
(16) At the foot of section 45(2) of the Crimes
Act 1958 insert—
"Note
An offence against subsection (1) committed in the
circumstance of aggravation described in subsection (2)(a)
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.".
(17) At the foot of section 47A(4) of the Crimes
Act 1958 insert—
"Note
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.".
(18) At the foot of section 63A of the Crimes
Act 1958 insert—
"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.".

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(19) At the foot of section 197A of the Crimes

Act 1958 insert—
"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.".
(20) At the foot of section 320 of the Crimes Act 1958
insert—
"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
requirement to impose a custodial order for this offence
unless the circumstances set out in paragraphs (a) to (e)
of that subsection exist.".
24 Crimes Act 1958
(1) After note 2 at the foot of section 49A of the
Crimes Act 1958 insert—
"3 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.".
(2) At the foot of section 49J of the Crimes Act 1958
insert—
"Note
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) After note 3 at the foot of section 50C of the
Crimes Act 1958 insert—
"4 An offence against subsection (1) is a category 1
offence under the Sentencing Act 1991 if the victim
was, at the time of the offence, under the age of 18.
See section 5(2G) of that Act for the requirement to
impose a custodial order for this offence.".

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Endnotes

(4) After note 3 at the foot of section 50D of the

Crimes Act 1958 insert—
"4 An offence against subsection (1) is a category 1
offence under the Sentencing Act 1991 if the victim
was, at the time of the offence, under the age of 18.
See section 5(2G) of that Act for the requirement to
impose a custodial order for this offence.".
25 Crimes Act 1958
In note 2 at the foot of section 15B of the Crimes
Act 1958, for "15A" substitute "15B".

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Endnotes

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
S. 61: The amendment proposed by section 7(5) of the Crimes
Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014
is not included in this publication due to its earlier repeal by the Jury
Directions Act 2015, No. 14/2015.
Section 7(5) reads as follows:
(5) In section 61(1)(b)(i) of the Crimes Act 1958, for
"sexual assault" substitute "sexual offence".
3
Pt 1 Div. 1 Subdiv. (12): See section 6 as to the offence of infanticide.
4
S. 95(2) (repealed): The amendment proposed by section 97(Schedule item
40.9) of the Criminal Procedure Amendment (Consequential and
Transitional Provisions) Act 2009, No. 68/2009 is not included in this
publication because the words "an information laid" do not appear in section
95(2). Section 97(Schedule item 40.9) reads as follows:
40.9 In section 95(2), for "an information laid"
substitute "the filing of a charge-sheet".
5
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.
6
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 Code in the Commonwealth Criminal Code Act 1995.
7
S. 176: See note 6.
8
S. 177: See note 6.
9
S. 178: See note 6.
10
S. 179: See note 6.
11
S. 180: See note 6.
12
S. 181: See note 6.

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13
S. 182: See note 6.
14
S. 184: See note 6.
15
S. 185: See note 6.
16
S. 186: See note 6.
17
S. 206: See section 435.
18
S. 232: Compare sections 25–28.
19
S. 233: See note 18.
20
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.
21
S. 317(9)(d): See section 466 of this Act and the Dangerous Goods
Act 1985, No. 10189/1985.
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)).

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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

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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.

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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.

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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.

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Endnotes

Sch. 3 cl. 9 inserted by No. 7/2002 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.
Sch. 3 cl. 10 inserted by No. 7/2002 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—
(a) the order had been appealed before that
commencement; or
(b) any time limit for appealing the order had
expired before that 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—

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(a) the order had been appealed before that

commencement; or
(b) any time limit for appealing the order had
expired before that 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.
Sch. 3 cl. 11 inserted by No. 68/2009 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.

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Sch. 3 cl. 12 inserted by No. 68/2009 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.
(2) Section 24A as amended by item 39.24 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.
(3) Section 28A as amended by item 39.25 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 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.
(5) Section 34A as amended by item 39.31 of the
Schedule to the Criminal Procedure
Amendment (Consequential and Transitional
Provisions) Act 2009 applies to an appeal against

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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 Criminal Procedure
Amendment (Consequential and Transitional
Provisions) Act 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.
(7) Section 58A as amended by item 39.40 of the
Schedule to the Criminal Procedure
Amendment (Consequential and Transitional
Provisions) Act 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 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.
(9) Section 73N as amended by item 39.46 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.

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Endnotes

Sch. 3 cl. 13 inserted by No. 29/2010 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.
Sch. 3 cl. 15 inserted by No. 55/2014 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.
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,

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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
S. 395 (repealed): The amendments proposed by section 41 of the Statute
Law Amendment (Evidence Consequential Provisions) Act 2009,
No. 69/2009 are not included in this publication due to the earlier repeal of
section 395 by section 422(2)(a) of the Criminal Procedure Act 2009,
No. 7/2009 (as amended by No. 68/2009 s. 54(h)).
31
S. 401 (repealed): The amendment proposed by section 45 of the Statute
Law Amendment (Evidence Consequential Provisions) Act 2009,
No. 69/2009 is not included in this publication due to the earlier repeal of
section 401 by section 422(2)(b) of the Criminal Procedure Act 2009,
No. 7/2009 (as amended by No. 68/2009 s. 54(h)).
32
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.
33
S. 420 (repealed): See note 28.
34
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)).
35
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 are not
included in this publication because section 464S had been substituted before
the proposed amendments came into operation.
36
S. 464T(1)(c): See note 35.
37
S. 464U(5): See note 35.
38
S. 464V(6)(d): See note 35.
39
S. 464X(1): See note 35.
40
S. 464ZE: See note 35.
41
S. 466: See Dangerous Goods Act 1985, No. 10189/1985.

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42
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), repealed by No. 10260
s. 114(Sch. 4 item 4).
S. 476A inserted by No. 6651 s. 57(a), repealed by No. 10084 s. 8(2).
43
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. 479 amended by No. 7705 s. 10, repealed by No. 10260 s. 114(Sch. 4
item 4).
44
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), repealed by
No. 10260 s. 114(Sch. 4 item 4).
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).
45
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).
46
Ss 495–497:
S. 495 repealed by No. 9945 s. 3(3)(Sch. 2 item 13).

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S. 496 repealed by No. 8679 s. 3(1)(b).

S. 497 amended by No. 8280 s. 17, repealed by No. 8679 s. 3(1)(b).
47
S. 498 (repealed): See note 28.
48
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),
repealed by No. 10260 s. 114(Sch. 4 item 4).
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).
49
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).
50
Ss 510–515A:
S. 510 amended by Nos 7577 s. 6, 7705 s. 10, 7876 s. 2(3), repealed by
No. 10260 s. 114(Sch. 4 item 5).
S. 511 amended by No. 9966 s. 21(4), repealed by No. 10260
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. 515 amended by No. 9966 s. 21(4), repealed by No. 10260
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).
51
Ss 516–519A:
S. 516 amended by Nos 7184 s. 8, 7705 s. 10, 7876 s. 2(3), 9554
s. 2(2)(Sch. 2 item 62), 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4
item 5).

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S. 517 amended by Nos 7184 s. 8, 7705 s. 10, 7876 s. 2(3), 8181

s. 2(1)(Sch. item 35), 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4
item 5).
S. 518 amended by No. 7705 s. 10, repealed by No. 10260 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).
52
Ss 543–544:
S. 543 amended by Nos 9576 s. 11(1), 9902 s. 2(1)(Sch. item 56),
repealed by No. 10260 s. 114(Sch. 4 item 4).
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).
53
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.
54
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)).
55
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)).

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56
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).

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