Crimes Act 1900 (ACT)
Crimes Act 1900
A1900-40
Republication No 154
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Crimes Act 1900 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Crimes Act 1900
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Application of Act 2
4 Dictionary 2
5 Meaning of loaded arms 2
6 Reference to the jury read as reference to magistrate 2
7 Notes 3
7AOffences against Act—application of Criminal Code etc 3
8 Public place etc 4
9 Abolition of distinctions between felony and misdemeanour 5
Part 2 Offences against the person
9A Meaning of aggravated offence—pt 2 6
10 When child born alive 6
11 No time limit on criminal responsibility for homicide 6
12 Murder 6
13 Trial for murder—provocation 7
14 Trial for murder—diminished responsibility 9
15 Manslaughter 9
16 Suicide etc—not an offence 10
17 Suicide—aiding etc 10
18 Prevention of suicide 10
19 Intentionally inflicting grievous bodily harm 11
20 Recklessly inflicting grievous bodily harm 11
21 Wounding 11
22 Assault with intent to commit other offence 12
23 Inflicting actual bodily harm 12
24 Assault occasioning actual bodily harm 12
25 Causing grievous bodily harm 12
26 Common assault 13
26A Assault of frontline community service provider 13
26B Assault of frontline community service provider—alternative verdict 15
27 Acts endangering life etc 16
28 Acts endangering health etc 18
28AA Food or drink spiking 20
28A Throwing etc objects at vehicles 21
28B Discharging firearm at building or conveyance 22
29 Culpable driving of motor vehicle 23
29A Driving motor vehicle at police 24
29B Damaging police vehicle 26
30 Threat to kill 27
31 Threat to inflict grievous bodily harm 27
32 Demands accompanied by threats 28
33 Possession of object with intent to kill etc 29
34 Forcible confinement 30
35 Stalking 30
35A Affray 32
35AA Affray—alternative verdicts 34
36 Torture 34
36A Abuse of vulnerable person 35
36B Failure to protect vulnerable person from criminal offence 39
36C Neglect of vulnerable person 41
37 Abduction of young person 43
38 Kidnapping 43
39 Neglect etc of children 43
40 Unlawfully taking child etc 44
41 Exposing or abandoning child 45
42 Child destruction 45
43 Childbirth—grievous bodily harm 45
47 Concealment of birth 45
48 Misconduct with regard to corpses 46
48A Aggravated offences—pt 2 offences against pregnant women 46
48B Alternative verdicts for aggravated offences—pt 2 offences against pregnant women 48
48C Aggravated offences—pt 2 offences involving family violence 50
48D Alternative verdicts for aggravated offences—offences involving family violence 52
49 Alternative verdicts for certain other offences against the person 56
Part 3 Sexual offences
50A Objects—pt 3 59
50B Meaning of consent—pt 3 59
50C Meaning of sexual act—pt 3 59
50 Definitions—pt 3 60
51 Sexual assault in the first degree 61
52 Sexual assault in the second degree 62
53 Sexual assault in the third degree 62
54 Sexual intercourse without consent 63
55 Sexual intercourse with young person 64
55A Sexual intercourse with young person under special care 65
56 Persistent sexual abuse of child or young person under special care 67
57 Act of indecency in the first degree 73
58 Act of indecency in the second degree 73
59 Act of indecency in the third degree 73
60 Act of indecency without consent 74
61 Acts of indecency with young people 75
61A Act of indecency with young person under special care 76
61B Intimate observations or capturing visual data etc 77
62 Incest and similar offences 81
63 Abduction 82
63A Bestiality 82
64 Using child for production of child exploitation material etc 82
64A Trading in child exploitation material 84
65 Possessing child exploitation material 85
66 Grooming and depraving young people 86
66AA Failure to report child sexual offence 88
66AB Making false report about child sexual offence 90
66A Failure by person in authority to protect child or young person from sexual offence 91
66B Course of conduct charge—child sexual offences 94
67 When a person does not consent to an act 96
67A Words, actions and self-induced intoxication of accused person 99
68 Sexual intercourse—people not to be presumed incapable by reason of age 99
69 Marriage no bar to conviction 100
70 Alternative verdicts for certain sexual offences 100
71 Adding count for act of indecency 101
72 Indictment for act of indecency 101
72AA Aggravated offences—pt 3 offences involving family violence 101
72AB Alternative verdicts for aggravated offences—offences involving family violence 103
Part 3A Intimate image abuse
72A Definitions—pt 3A 108
72B Meaning of distribute—pt 3A 109
72C Non-consensual distribution of intimate images 109
72D Distribution of intimate image of young person 110
72E Threaten to capture or distribute intimate images 111
72EA Aggravated offences—pt 3A offences involving family violence 112
72EB Alternative verdicts for aggravated offences—offences involving family violence 113
72F Consent—pt 3A 114
72G Exceptions for reasonable distribution 115
72H Court may order rectification 116
Part 4 Female genital mutilation
73 Meaning of female genital mutilation for pt 4 117
74 Prohibition of female genital mutilation 117
75 Removal of child from ACT for genital mutilation 117
76 Exception—medical procedures for genuine therapeutic purposes 118
77 Exception—sexual reassignment procedures 119
Part 5 Sexual servitude
78 Meaning of sexual servitude and sexual services for pt 5 120
79 Sexual servitude offences 121
80 Deceptive recruiting for sexual services 122
81 Sexual servitude offence etc against person younger than 18 years—charges and proof 122
82 Alternative verdicts—sexual servitude offence etc 122
Part 6 Offences relating to property
Division 6.2A Money laundering and organised fraud
114A Definitions for div 6.2A 124
114B Money laundering 125
114C Possession etc of property suspected of being proceeds of crime 125
114D Organised fraud 125
Division 6.3 Criminal damage to property
115 Interpretation for div 6.3 126
116 Destroying or damaging property 127
117 Arson 129
119 Defacing premises 130
120 Defacing premises––strict liability 131
122 Untrue representations 131
123 Alternative verdicts—criminal damage to property offences 132
Division 6.6 Contamination of goods and related offences
135 Definitions of contaminate and goods 132
136 Meaning of economic loss 133
137 Contaminating goods with intent to cause public alarm or economic loss 133
138 Threatening to contaminate goods with intent to cause public alarm or economic loss 133
139 Making false statements about contamination of goods with intent to cause public alarm or economic loss 134
140 Territorial nexus for offences 134
Division 6.7 Offences relating to causing public alarm
140A Acting with intent to cause public alarm 135
140B Threatening to act with intent to cause public alarm 135
140C Making false statements with intent to cause public alarm 135
140D Territorial nexus for offences 136
Division 6.8 Miscellaneous
141 Hindering working of mines 136
142 Removal of sea banks etc 136
143 Obstructing navigation of rivers 137
144 Offences in relation to railways 137
145 Obstructing railway engines 137
146 Alternative verdict 138
147 Displaying false signals 138
148 Removing or concealing buoys etc 138
151 Forcible entry on land 138
152 Forcible detainer of land 139
153 Disclosure of information by territory officer 139
154 Additional offences on territory premises 140
Part 7 Escape provisions
158 Meaning of detention during pleasure 141
159 Aiding prisoner to escape 141
160 Escaping 142
161 Rescuing a prisoner from custody etc 142
162 Person unlawfully at large 143
163 Permitting escape 143
164 Harbouring etc escapee 144
166 Failure to answer bail etc—offence 144
Part 8 Anabolic steroids
170 Meaning of anabolic steroid 146
171 Prescribing and supplying anabolic steroids 146
172 Possessing anabolic steroids 147
173 Administering anabolic steroids 147
Part 9 Exclusion powers
174 Definitions—pt 9 149
175 Exclusion direction 149
176 Exclusion zone 150
177 Exclusion direction—information to be given 150
178 Exclusion direction—information to be recorded 151
179 Failing to comply with exclusion direction 152
Part 10 Criminal investigation
Division 10.1 Preliminary
185 Definitions for pt 10 153
185A Search of transgender or intersex person 157
186 Application of pt 10 157
187 Application of Cwlth Crimes Act, pt 1C 158
Division 10.2 Preventative action
188 Police powers of entry 159
189 Issue of warrant 159
190 Entry in emergencies 160
191 Seizure of firearms—warrants and emergencies 161
192 Seizure of firearms—protection orders 162
193 Power to conduct search of person for knife 164
Division 10.3 Search warrants
194 When search warrants can be issued 165
194A Electronic versions of affidavits and warrants 169
195 The things that are authorised by search warrant 170
196 Availability of assistance and use of force in executing warrant 173
197 Details of warrant to be given to occupier etc 173
198 Specific powers available to police officers executing warrant 174
199 Use of equipment to examine or process things 174
200 Use of electronic equipment at premises 175
201 Compensation for damage to electronic equipment 178
202 Copies of seized things to be provided 178
203 Occupier entitled to be present during search 179
204 Receipts for things seized under warrant 179
205 Warrants by telephone or other electronic means 179
206 Restrictions on personal searches 181
Division 10.4 Powers to stop and search
207 Stopping, searching and detaining people 181
208 How a police officer exercises a power under s 207 182
209 Stopping, searching and detaining conveyances 183
210 How a police officer exercises a power under s 209 184
Division 10.4A Crime scene powers
210A Definitions—div 10.4A 184
210B Meaning of public place—div 10.4A 185
210C Establish crime scene—public place 186
210D Establish crime scene—private premises 186
210E When crime scene established 188
210F Senior police officer to be told about crime scene 189
210G Crime scene powers 189
210H Crime scene—duration 190
210I Crime scene—frequency 191
210J Crime scene obligations—all places 191
210K Crime scene obligations—conveyances 192
210L Offence—fail to comply with direction 192
Division 10.5 Arrest and related matters
211 Requirement to provide name etc 193
212 Power of arrest without warrant by police officers 194
213 Arrest without warrant in possession 195
214 Arrest of prisoner unlawfully at large 196
217 Arrest without warrant for offences committed outside ACT 197
218 Power of arrest without warrant by other persons 198
219 Warrants for arrest 199
220 Power to enter premises to arrest offender 200
221 Use of force in making arrest 201
222 Persons to be informed of grounds of arrest 202
223 Power to conduct frisk search of arrested person 202
224 Power to conduct ordinary search of arrested person 203
225 Power to conduct search of arrested person’s premises 203
226 Power to conduct search at police station 204
227 Power to conduct strip search 205
228 Rules for conduct of strip search 206
229 Safekeeping of things seized 208
230 Identification material—person at least 18 years old 209
230A Identification material—person under 18 years old 212
231 Destruction of identification material 216
232 Offence—refusing to allow fingerprint or photo to be taken 217
233 Identification parades—general 218
234 Identification parades for suspects under 18 etc 221
235 Identification by means of photographs 223
236 Identification procedures if more than 1 suspect 226
237 Descriptions 226
238 Examination 227
Division 10.6 General
239 Assisting officers—search and arrest of persons 229
240 Conduct of ordinary searches and frisk searches 229
241 Announcement before entry 229
242 Offence of making false statements in warrants 230
243 Offences relating to telephone warrants 230
244 Return of seized knife or thing 231
245 Magistrates Court may permit thing to be retained 232
247 Laws relating to taking forensic samples not affected 233
248 Forfeiture of knife 233
249 Seizure of forfeited articles 234
250 Disposal of forfeited articles by public trustee 234
252 When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General etc 235
Division 10.7 Particular provisions for children
Subdivision 10.7.1A Stopping, searching or detaining person under 14 years old without warrant
252AA Application of sdiv 10.7.1A 236
252AB Police officer must not stop, search or detain person under 14 years old generally 236
252AC Stopping, searching or detaining person under 14 years old for prevention of harm etc 236
252AD Stopping, searching or detaining person under 14 years old when relevant to other investigation 237
252AE Police action after stopping, searching or detaining person under 14 years old 237
Subdivision 10.7.1 Arrest of children under the age of criminal responsibility
252A Warrant for arrest of child under the age of criminal responsibility 239
252B Arrest of child under the age of criminal responsibility—without warrant 239
252C Police action after arresting child under the age of criminal responsibility 240
Subdivision 10.7.2 Preliminary procedures in relation to children and young people
252D Definitions—subdiv 10.7.2 241
252E Meaning of under restraint 241
252F Meaning of in the company of a police officer 242
252G Interviewing children and young people about offences 243
252H Interviewing children and young people about offences—urgent circumstances 244
252I Parents etc to be told if children and young people under restraint 245
252J Police to summons young people unless ineffective 245
252K Parents etc to be told if young people charged 246
Division 10.8 Investigations relating to acquittals
252L Authorisation of police investigations—acquitted person 246
Division 10.9 Fortification of premises
252M Definitions—div 10.9 248
252N Fortification removal order—application for order or variation 250
252O Fortification removal order 251
252P Fortification removal order—length 252
252Q Fortification removal order—compliance period 252
252R Fortification removal order—inspection 252
252S Fortification removal order—removal by police 253
252T Fortification inspection order—application for order or variation 254
252U Fortification inspection order 254
252V Fortification inspection order—length 255
252W Fortification inspection order—inspection 255
252X Exercising powers—announce entry and explain purpose 256
252Y Exercising powers—occupier entitled to be present during inspection 256
252Z Exercising powers—use reasonable force 257
252ZA Premises must not be fortified 257
252ZB Fortification must not be replaced or restored 258
252ZC Protection from liability 259
252ZD Chief police officer delegations 259
Part 11 Investigation of extraterritorial offences
253 Interpretation for pt 11 260
254 Declaration of corresponding law 261
255 Issue of search warrants 261
256 Authority given by search warrant 263
257 Offence of hindering execution of search warrant 264
258 Ministerial arrangements for transmission and return of objects seized under pt 11 or corresponding law 264
Part 12 Procedure, evidence, verdict etc
260 What defects do not vitiate indictment 266
261 Formal objections—when to be taken 266
262 Judgment on demurrer to indictment 266
263 Traversing indictment 267
264 Orders for amendment of indictment, separate trial and postponement of trial 267
265 Amended indictment 268
266 Verdict and judgment valid after amendment 268
267 Form of record after amendment 269
268 Respiting undertakings on postponement 269
269 Separate offences—when can be joined 269
270 Accessories may be charged together in 1 indictment 269
271 Indictment charging previous offence also 269
272 Property of partners or joint owners 270
273 Description of written instruments 270
274 General averment of intent to defraud or injure 270
275 Indictment for murder or manslaughter 270
276 Form of indictment against accessories to murder 271
277 Addition of count for assault 271
279 Indictments for conspiracy 271
280 Arraignment etc on charge of previous conviction 271
280A Treason trials 272
281 Plea of not guilty 272
282 Refusal to plead 272
283 Plea of autrefois convict etc 272
284 Practice as to entering the dock 272
285 Accused may be defended by lawyer 273
286 Right to inspect depositions on trial 273
287 Power of judge to record verdict of acquittal 273
288 Notice of alibi 274
289 Abolition of presumption of marital coercion 275
290 Incriminating statements admissible though on oath 276
291 Evidence of previous conviction charged in indictment 276
292 Proof of lawful authority or excuse 276
294 Order of closing addresses 276
295 Witnesses in mitigation 276
296 Conviction for alternative offence 277
297 After trial for offence, if alternative verdict possible, no further prosecution 277
298 On trial for any offence—verdict of attempt 277
299 Multiple alternative verdicts 278
Part 13 Unfitness to plead and mental impairment
Division 13.1 Preliminary
300 Definitions for pt 13 279
301 Limitation on orders and detention—non-acquittals 280
302 Limitation on orders and detention—acquittals 281
303 Limitation on Supreme Court orders 281
304 Limitation on orders and detention—dismissal of charge 282
305 Limitation on orders and detention—Magistrates Court 283
306 Limitation on Magistrates Court orders 283
307 How relevant court may inform itself 284
308 Criteria for detention 284
309 Assessment whether emergency detention required 285
Division 13.2 Unfitness to plead
310 Application of div 13.2 286
311 When a person is unfit to plead 286
312 Presumption of fitness to plead, standard of proof etc 287
313 Who can raise question of unfitness to plead 287
314 Procedure if question raised 288
315 Procedure if question reserved for investigation 288
315A Investigation into fitness to plead 289
315B Person found fit to plead 290
315C Person found unfit to plead and unlikely to become fit to plead 290
315D Person found temporarily unfit to plead 290
316 Special hearing 292
317 Verdicts available at special hearing 294
318 Non-acquittal at special hearing—non-serious offence 295
319 Non-acquittal at special hearing—serious offence 296
319A Action if accused becomes fit to plead after special hearing 296
Division 13.3 Supreme Court—special verdict of not guilty because of mental impairment
321 Supreme Court—plea of not guilty because of mental impairment 297
322 Explanation to jury 297
323 Supreme Court orders following special verdict of not guilty because of mental impairment—non-serious offence 298
324 Supreme Court orders following special verdict of not guilty because of mental impairment—serious offence 298
Division 13.4 Magistrates Court—finding of not guilty because of mental impairment
325 Meaning of serious offence in div 13.4 299
327 Magistrates Court—plea of not guilty because of mental impairment 299
328 Magistrates Court orders following finding of not guilty because of mental impairment—non-serious offence 300
329 Magistrates Court orders following finding of not guilty because of mental impairment—serious offence 300
Division 13.5 Referring people with mental impairment to ACAT after conviction
330 Application of div 13.5 301
331 Referral to ACAT 301
Division 13.6 Summary proceedings against mentally impaired people
332 Application of div 13.6 302
333 Indictable offences heard and determined summarily 302
334 Powers of Magistrates Court 303
335 Fitness to plead—Magistrates Court 305
335A Action if accused becomes fit to plead after hearing 307
336 How Magistrates Court may be informed 308
Part 16 Proceedings after sentence
367 Procedure on forfeiture 309
371 What not sufficient to stay or reverse judgment 309
372 Pronouncing proper judgment 310
373 New trials regulated 310
Part 17 Offences punishable summarily and summary procedure generally
374 Summary disposal of certain cases at prosecutor’s election 311
375 Summary disposal of certain cases—Magistrates Court 313
375AA Summary disposal of certain cases—Childrens Court 316
375A Withdrawal of consent to summary disposal of case 318
376 Saving of other summary jurisdiction 319
377 Certificate of dismissal 319
378 Summary conviction or dismissal bar to indictment 319
379 Misbehaviour at public meetings 320
380 Possession of offensive weapons and disabling substances 320
381 Possession of offensive weapons and disabling substances with intent 321
382 Possession of knife in public place or school 321
383 Sale of knife to person under 16 322
384 Retail supplier of knives to display sign 322
385 Laying of poison 323
387 Making false invoice 323
388 Application of compensation 323
389 Obstruction of stream etc 324
390 Entrance to cellars etc 324
391 Fighting 324
392 Offensive behaviour 324
393 Indecent exposure 324
393A Urinating in public place 325
394 Noise abatement directions 325
395 Bogus advertisements 328
396 Public mischief 328
397 Apprehended violence or injury—recognisance to keep the peace etc 329
398 Alternative methods of proceeding before magistrate 330
399 General averment of intent to defraud or injure 330
Part 20 Inquiries into convictions
Division 20.1 Preliminary
421 Definitions for pt 20 331
Division 20.2 How to start inquiry
422 Grounds for ordering inquiry 331
423 Executive order for inquiry 332
424 Supreme Court order for inquiry 332
425 Rights and duties in relation to orders for inquiry 333
Division 20.3 Inquiry procedure
426 Application of Inquiries Act 333
427 Appointment of board of inquiry 333
428 Report by board 334
Division 20.4 Supreme Court orders following inquiry report
429 Publication of report 334
430 Action on report by Supreme Court 335
Division 20.5 Application to earlier convictions
432 Inquiries about earlier convictions 335
Part 22 Miscellaneous
434A Application of certain sections of Commonwealth Crimes Act to territory laws 336
434B Joinder of charges 336
434C Aggravated offence may allege more than 1 factor of aggravation 337
435 Protection of persons acting under Act 338
437 Power of courts to bring detainees before them 338
438 Witnesses neglecting to attend trial and captured under warrant may be admitted to bail 338
439 Offence of criminal defamation 339
440 Prosecutions for blasphemy 340
441 Retrospective repeal of limitation period on criminal proceeding for particular sexual offences 340
441A Criminal proceedings not allowed by section 441 342
441B Retrospective application of repealed alternative verdict provision for carnal knowledge 342
442 Change of venue 343
442A Record of youth offence particulars not to be disclosed in court proceedings 343
443 Approved forms 344
444 Regulation-making power 345
Part 33 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 33.1 General
622 Definitions—pt 33 346
623 Transitional regulations 346
624 Expiry—pt 33 346
Division 33.2 Ending action etc for youth offences
625 Application—div 33.2 347
626 Law enforcement action 347
627 Criminal procedures, proceedings and sentences 348
628 Destruction of forensic material etc 348
629 Release of person from custody 349
Division 33.3 Validity of past criminal justice action
630 Meaning of criminal justice action—div 33.3 350
631 Past lawful acts not affected 350
632 Protection from liability 350
633 No entitlement to compensation etc 351
Part 34 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 34.1 General
634 Definitions—pt 34 352
635 Transitional regulations 352
636 Expiry—pt 34 353
Division 34.2 Ending action etc for youth offences
637 Application—div 34.2 353
638 Law enforcement action 353
639 Criminal procedures, proceedings and sentences 354
640 Destruction of forensic material etc 354
641 Release of person from custody 355
Division 34.3 Validity of past criminal justice action
642 Meaning of criminal justice action—div 34.3 356
643 Past lawful acts not affected 356
644 Protection from liability 356
645 No entitlement to compensation etc 357
Schedule 1 Anabolic steroids 358
Dictionary361
Endnotes
1 About the endnotes 372
2 Abbreviation key 372
3 Legislation history 373
4 Amendment history 406
5 Earlier republications 535
6 Expired transitional or validating provisions 550
7 Renumbered provisions 551
Crimes Act 1900
An Act to consolidate the statutes relating to criminal law
Part 1Preliminary
Name of Act
This Act is the Crimes Act 1900.
Application of Act
The provisions of this Act, so far as they can be applied, shall be in force with respect to all offences, whether at common law or by statute, whensoever committed and in whatsoever court tried.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Meaning of loaded arms
For this Act, a firearm, airgun or air pistol that is unlawfully presented at a person is taken, unless the contrary is proved, to be loaded arms.
Reference to the jury read as reference to magistrate
In a provision of this Act relating to an offence, a reference to the jury is, if a person charged with the offence is dealt with summarily, a reference to the magistrate.
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
7AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 26A (Assault of frontline community service provider)
· s 28AA (Food or drink spiking)
· s 28A (Throwing etc objects at vehicles)
· s 28B (Discharging firearm at building or conveyance)
· s 29A (Driving motor vehicle at police)
· s 29B (Damaging police vehicle)
· s 35A (Affray)
· s 36A (Abuse of vulnerable person)
· s 36B (Failure to protect vulnerable person from criminal offence)
· s 36C (Neglect of vulnerable person)
· s 55A (Sexual intercourse with young person under special care)
· s 61A (Act of indecency with young person under special care)
· s 61B (Intimate observations or capturing visual data etc)
· s 63A (Bestiality)
· s 64 (Using child for production of child exploitation material etc)
· s 64A (Trading in child exploitation material)
· s 65 (Possessing child exploitation material)
· s 72C (Non-consensual distribution of intimate images)
· s 72D (Distribution of intimate image of young person)
· s 72E (Threaten to capture or distribute intimate images)
· s 72H (Court may order rectification)
· s 114B (Money laundering)
· s 114C (Possession etc of property suspected of being proceeds of crime)
· s 114D (1) (Organised fraud)
· s 119 (Defacing premises)
· s 120 (Defacing premises––strict liability)
· s 171 (Prescribing and supplying anabolic steroids)
· s 172 (Possessing anabolic steroids)
· s 173 (Administering anabolic steroids)
· s 252ZA (Premises must not be fortified)
· s 252ZB (Fortification must not be replaced or restored)
· s 393A (Urinating in public place)
· s 394 (Noise abatement directions)
· s 439 (Offence of criminal defamation).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2The Criminal Code, ch 2 (other than the applied provisions) also applies to an offence mentioned in s 72AA (1) if the chapter applied to the offence before the commencement of s 72AA (see s 72AA (4) (b)).
Note 3Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Public place etc
If, by this or any other Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable by apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within its meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.
Abolition of distinctions between felony and misdemeanour
All distinctions between felony and misdemeanour are abolished.
Part 2Offences against the person
9AMeaning of aggravated offence—pt 2
In this part:
aggravated offence—
(a)for an offence committed against a pregnant woman—see section 48A (2); and
(b)for an offence involving family violence—see section 48C (2).
When child born alive
For this part, a child shall be taken to have been born alive if he or she has breathed and has been wholly born, whether or not he or she has had an independent circulation.
No time limit on criminal responsibility for homicide
(1)Any rule of law that a death which occurs more than a year and a day after the injury that caused it is to be conclusively presumed not to have been caused by the injury, is abolished.
(2)This section does not apply in respect of an injury received before the commencement of this section.
Murder
(1)A person commits murder if he or she causes the death of another person—
(a)intending to cause the death of any person; or
(b)with reckless indifference to the probability of causing the death of any person; or
(c)intending to cause serious harm to any person.
(2)A person who commits murder is guilty of an offence punishable, on conviction, by imprisonment for life.
(3)In this section:
serious harm—see the Criminal Code, dictionary.
Trial for murder—provocation
(1)If, on a trial for murder—
(a)it appears that the act or omission causing death occurred under provocation; and
(b)apart from this subsection and the provocation, the jury would have found the accused guilty of murder;
the jury shall acquit the accused of murder and find him or her guilty of manslaughter.
(2)For subsection (1), an act or omission causing death shall be taken to have occurred under provocation if—
(a)the act or omission was the result of the accused’s loss of self‑control induced by any conduct of the deceased (including grossly insulting words or gestures) towards or affecting the accused; and
(b)the conduct of the deceased was such as could have induced an ordinary person in the position of the accused to have so far lost self-control—
(i)as to have formed an intent to kill the deceased; or
(ii)as to be recklessly indifferent to the probability of causing the deceased’s death; or
(iii)as to have formed an intent to cause serious harm to the deceased;
whether that conduct of the deceased occurred immediately before the act or omission causing death or at any previous time.
(3)However, conduct of the deceased consisting of a non-violent sexual advance (or advances) towards the accused—
(a)is taken not to be sufficient, by itself, to be conduct to which subsection (2) (b) applies; but
(b)may be taken into account together with other conduct of the deceased in deciding whether there has been an act or omission to which subsection (2) applies.
(4)For the purpose of determining whether an act or omission causing death occurred under provocation, there is no rule of law that provocation is negatived if—
(a)there was not a reasonable proportion between the act or omission causing death and the conduct of the deceased that induced the act or omission; or
(b)the act or omission causing death did not occur suddenly; or
(c)the act or omission causing death occurred with any intent to take life or inflict grievous bodily harm.
(5)If, on a trial for murder, there is evidence that the act or omission causing death occurred under provocation, the onus of proving beyond reasonable doubt that the act or omission did not occur under provocation lies on the prosecution.
(6)This section does not exclude or limit any defence to a charge of murder.
(7)In this section:
serious harm—see the Criminal Code, dictionary.
Trial for murder—diminished responsibility
(1)A person on trial for murder shall not be convicted of murder if, when the act or omission causing death occurred, the accused was suffering from an abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent cause or whether it was induced by disease or injury) that substantially impaired his or her mental responsibility for the act or omission.
(2)An accused has the onus of proving that he or she is, under subsection (1), not liable to be convicted of murder.
(3)A person who, apart from subsection (1), would be liable (whether as principal or accessory) to be convicted of murder is liable to be convicted of manslaughter.
(4)The fact that a person is, under subsection (1), not liable to be convicted of murder does not affect the question whether any other person is liable to be convicted of murder in respect of the same death.
(5)If, on a trial for murder, the accused contends—
(a)that he or she is entitled to be acquitted on the ground that he or she was mentally ill at the time of the act or omission causing the death; or
(b)that he or she is, under subsection (1), not liable to be convicted of murder;
the prosecution may offer evidence tending to prove the other of those contentions and the court may give directions as to the stage of the proceedings when that evidence may be offered.
Manslaughter
(1)Except if a law expressly provides otherwise, an unlawful homicide that is not, under section 12, murder shall be taken to be manslaughter.
(2)A person who commits manslaughter is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
(3)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 28 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Suicide etc—not an offence
The rule of law that it is an offence for a person to commit, or to attempt to commit, suicide is abolished.
Suicide—aiding etc
(1)A person who aids or abets the suicide or attempted suicide of another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(2)If—
(a)a person incites or counsels another person to commit suicide; and
(b)the other person commits, or attempts to commit, suicide as a consequence of that incitement or counselling;
the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Prevention of suicide
It is lawful for a person to use the force that is reasonable to prevent the suicide of another person or any act that the person believes on reasonable grounds would, if committed, result in the suicide of another person.
Intentionally inflicting grievous bodily harm
(1)A person who intentionally inflicts grievous bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 20 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 25 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Recklessly inflicting grievous bodily harm
(1)A person who recklessly inflicts grievous bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 13 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 15 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Wounding
(1)A person who intentionally wounds another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Assault with intent to commit other offence
A person who assaults another person with intent to commit another offence against this part punishable by imprisonment for a maximum period of 5 years or longer is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Inflicting actual bodily harm
(1)A person who intentionally or recklessly inflicts actual bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Assault occasioning actual bodily harm
(1)A person who assaults another person and by the assault occasions actual bodily harm is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
Causing grievous bodily harm
A person who, by any unlawful or negligent act or omission, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Common assault
(1)A person who assaults another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.
(2)However, for an aggravated offence against this section, the maximum penalty is imprisonment for 3 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
26AAssault of frontline community service provider
(1)A person commits an offence if—
(a)the person assaults another person; and
(b)the other person is a frontline community service provider; and
(c)the person knows, or is reckless about whether, the other person is a frontline community service provider; and
(d)the assault is committed—
(i)when the frontline community service provider is exercising a function given to the person as a frontline community service provider; or
(ii)as a consequence of, or in retaliation for, action taken by the person in exercising a function as a frontline community service provider; or
(iii)because the person is a frontline community service provider.
Maximum penalty: imprisonment for 2 years.
(2)For subsection (1) (c), it is presumed, unless there is evidence to the contrary, that the defendant knew that the person was a frontline community service provider if—
(a)the person identified themselves as a frontline community service provider; or
(b)the fact that the person was a frontline community service provider was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the frontline community service provider.
Examples—par (b)
1 the frontline community service provider was in uniform
2 the frontline community service provider was in an emergency vehicle
(3)The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2).
(4)For subsection (1) (d) (i) and (ii)—
(a)strict liability applies to the circumstance that the frontline community service provider was exercising a function as a frontline community service provider; and
(b)it does not matter if the frontline community service provider was off duty when exercising a function as a frontline community service provider.
(5)In this section:
corrections worker means a corrections officer, or an interstate escort officer, exercising a function under the Corrections Management Act 2007.
frontline community service provider means—
(a)a police officer; or
(b)a protective service officer; or
(c)a corrections worker; or
(d)a member of an emergency service.
interstate escort officer means a person mentioned in the Corrections Management Act 2007, section 213.
member, of an emergency service—
(a)see the Emergencies Act 2004, dictionary; and
(b)includes—
(i)a person operating in the ACT in accordance with a cooperative arrangement under the Emergencies Act 2004, section 176; and
(ii)a person employed by the ACT Emergency Services Agency; and
(iii)a volunteer assisting the ACT Emergency Services Agency.
protective service officer means a person in relation to whom a declaration under the Australian Federal Police Act 1979 (Cwlth), section 40EA is in force.
26BAssault of frontline community service provider—alternative verdict
(1)This section applies if, in a prosecution for an offence against section 26A, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 26 (Common assault).
(2)The trier of fact may find the defendant guilty of the offence against section 26 but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Acts endangering life etc
(1)In this section:
choke, a person, includes apply pressure, to any extent, to the person’s neck.
conveyance means a vehicle (including an aircraft) or vessel of a kind used for transporting persons, animals or goods.
public utility service means—
(a)the supply of electricity, gas or water; or
(b)the supply of fuel; or
(c)the collection and disposal of sewerage and other waste;
as a service to the public.
strangle, a person, includes apply pressure, to any extent, to the person’s neck.
suffocate, a person, includes the following:
(a)obstruct, to any extent, any part of the person’s—
(i)respiratory system; or
(ii)accessory systems of respiration;
(b)interfere, to any extent, with the operation of the person’s—
(i)respiratory system; or
(ii)accessory systems of respiration;
(c)impede, to any extent, the person’s respiration.
transport facility means a facility provided to permit the transportation of persons, animals or goods, whether by air or over land or water, or provided in connection with such transportation.
(2)For subsection (3) (g), an interference shall be taken to include any act or omission that, whether temporarily or permanently, damages, renders inoperative, obstructs, causes to malfunction or puts to an improper purpose.
(3)A person who intentionally and unlawfully—
(a)chokes, suffocates or strangles another person so as to render that person insensible or unconscious or, by any other means, renders another person insensible or unconscious; or
(b)administers to, or causes to be taken by, another person any stupefying or overpowering drug or poison or any other injurious substance likely to endanger human life or cause a person grievous bodily harm; or
(c)uses against another person any offensive weapon likely to endanger human life or cause a person grievous bodily harm; or
(d)discharges any loaded arms at another person or so as to cause another person reasonable apprehension for his or her safety; or
(e)causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances likely to endanger human life or cause a person grievous bodily harm; or
(f)sets a trap or device for the purpose of creating circumstances likely to endanger human life or cause a person (including a trespasser) grievous bodily harm; or
(g)interferes with any conveyance or transport facility or any public utility service in circumstances likely to endanger human life or cause a person grievous bodily harm; or
(h)interferes with a prescribed traffic control device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999) in circumstances likely to endanger life or cause a person grievous bodily harm;
is guilty of an offence punishable, on conviction, by imprisonment for—
(i)in the case of an aggravated offence against this section—13 years; or
(j)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
(4)A person who does an act referred to in subsection (3)—
(a)intending to commit an indictable offence against this part punishable by imprisonment for a maximum period exceeding 10 years; or
(b)intending to prevent or hinder his or her lawful apprehension or detention or that of another person; or
(c)intending to prevent or hinder a police officer from lawfully investigating an act or matter that reasonably calls for investigation by the officer;
is guilty of an offence punishable, on conviction, by imprisonment for 15 years.
Acts endangering health etc
(1)In this section:
choke, a person—see section 27 (1).
conveyance—see section 27 (1).
interferes with—see section 27 (2).
public utility service—see section 27 (1).
strangle, a person—see section 27 (1).
suffocate, a person—see section 27 (1).
transport facility—see section 27 (1).
(2)A person who intentionally and unlawfully—
(a)chokes, suffocates or strangles another person; or
(b)administers to, or causes to be taken by, another person any poison or other injurious substance with intent to injure or cause pain or discomfort to that person; or
(c)causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances dangerous to the health, safety or physical wellbeing of another person; or
(d)sets a trap or device for the purpose of creating circumstances dangerous to the health, safety or physical wellbeing of another person (including a trespasser); or
(e)interferes with any conveyance or transport facility or any public utility service in circumstances dangerous to the health, safety or physical wellbeing of another person;
is guilty of an offence punishable, on conviction, by imprisonment for—
(f)in the case of an aggravated offence against this section—7 years; or
(g)in any other case—5 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
28AAFood or drink spiking
(1)A person commits an offence if—
(a)the person—
(i)gives or causes another person to be given food or drink; or
(ii)causes another person to consume food or drink; and
(b)the food or drink contains an intoxicating substance; and
(c)the other person is not aware the food or drink contains the intoxicating substance; and
(d)the person intends a person to be harmed by the consumption of the food or drink.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2)A person commits an offence if—
(a)the person—
(i)gives or causes another person to be given food or drink; or
(ii)causes another person to consume food or drink; and
(b)the food or drink contains more of an intoxicating substance than the other person would reasonably expect it to contain; and
(c)the person intends a person to be harmed by the consumption of the food or drink.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant is a health practitioner and the intoxicating substance was given to the other person in the course of practising a health profession.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
(4)In this section:
give, food or drink, includes—
(a)prepare food or drink; or
(b)make food or drink available for consumption.
harm, to a person, includes impairment of the senses or understanding that the person might reasonably be expected to object to in the circumstances.
impair includes further impair.
intoxicating substance includes any substance that affects a person’s senses or understanding.
28AThrowing etc objects at vehicles
(1)A person commits an offence if—
(a)the person intentionally throws an object at, drops an object on, or places an object in the path of, a vehicle; and
(b)the vehicle is on a road, road related area or railway; and
(c)a person is in the vehicle; and
(d)the conduct risks the safety of any person.
Maximum penalty: imprisonment for 2 years.
NoteThe fault element of recklessness applies to pars (b), (c) and (d) (see Criminal Code, s 22 (2)).
(2)For subsection (1) (b), the vehicle may be moving, parked or otherwise stopped.
(3)In a prosecution for an offence against this section it is not necessary to prove that the object made contact with the vehicle.
(4)In this section:
road—see the Road Transport (General) Act 1999, dictionary.
road related area—see the Road Transport (General) Act 1999, dictionary.
vehicle includes the following:
(a)a motor vehicle;
(b)a light rail vehicle, train or tram;
(c)a bicycle;
(d)a vehicle drawn by an animal or an animal ridden by a person.
28BDischarging firearm at building or conveyance
(1)A person commits an offence if the person recklessly discharges a firearm at a building or conveyance.
Maximum penalty: imprisonment for 10 years.
(2)In this section:
building includes—
(a)part of a building; or
(b)a mobile home, caravan, tent or other temporary structure.
conveyance includes an aircraft, vehicle or vessel.
firearm includes an airgun and air pistol.
Culpable driving of motor vehicle
(1)In this section:
drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
(2)A person who, by the culpable driving of a motor vehicle, causes the death of another person is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
(3)However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 16 years.
NoteSection 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.
(4)A person who, by the culpable driving of a motor vehicle, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
(5)However, for an aggravated offence against subsection (4), the maximum penalty is imprisonment for 12 years.
(6)For this section, a person shall be taken to drive a motor vehicle culpably if the person drives the vehicle—
(a)negligently; or
(b)while under the influence of alcohol, or a drug, to such an extent as to be incapable of having proper control of the vehicle.
(7)For this section, a person shall be taken to drive a motor vehicle negligently if the person fails unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all the circumstances of the case.
(8)An information or indictment for an offence against subsection (2) or (4) shall specify the nature of the culpability, within the meaning of subsection (6), that is alleged.
(9)Nothing in subsection (8) renders inadmissible in proceedings for an offence against subsection (2) or (4) evidence that, apart from that subsection, would be admissible in the proceedings.
(10)Nothing in this section affects—
(a)the liability of a person to be convicted of murder or manslaughter or any other offence; or
(b)the punishment that may be imposed for such an offence.
NoteUnder the Road Transport (General) Act 1999, s 62 (Automatic disqualification for culpable driving), if a person is convicted, or found guilty, of an offence against this section, the person is automatically disqualified from holding or obtaining a driver licence.
(11)A person who has been convicted or acquitted of an offence against subsection (2) or (4) is not liable to be convicted of any other offence against this Act on the same facts or on substantially the same facts.
(12)Subject to section 49, a person is not liable to be convicted of an offence against subsection (2) or (4) if the person has been convicted or acquitted of any other offence on the same facts or on substantially the same facts.
29ADriving motor vehicle at police
(1)A person commits an offence if—
(a)the person drives a motor vehicle near or at a police officer; and
(b)the person knows, or is reckless about whether, the police officer is a police officer; and
(c)the police officer is exercising a function given to the officer as a police officer; and
(d)the person—
(i)intends to risk the police officer’s safety by that conduct; or
(ii)is reckless about risking the police officer’s safety by that conduct.
Maximum penalty: imprisonment for 15 years.
(2)Strict liability applies to subsection (1) (c).
(3)For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the police officer was a police officer if—
(a)the officer identified themselves as a police officer; or
(b)the officer was inside a vehicle that stated “police” on the outside of the vehicle; or
(c)the officer was inside a vehicle and it was reasonably apparent that the vehicle was being used, or was ordinarily used, by a police officer in the exercise of the officer’s functions; or
(d)the fact that the police officer was a police officer was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the police officer.
Example—par (c)
the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren
(4)The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (3).
(5)A person may be guilty of an offence against this section regardless of whether the person’s driving injured the police officer.
29BDamaging police vehicle
(1)A person commits an offence if—
(a)the person drives a motor vehicle and causes damage to a police vehicle by that conduct; and
(b)the person knows, or is reckless about whether, the damaged vehicle is a police vehicle; and
(c)the person intends to cause, or is reckless about causing, damage to the police vehicle.
Maximum penalty: imprisonment for 5 years.
(2)For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the damaged vehicle was a police vehicle if—
(a)the vehicle stated “police” on the outside of the vehicle; or
(b)the fact that the vehicle was a police vehicle was reasonably apparent, having regard to all of the circumstances, including the manner in which it was being driven.
Example—par (b)
the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren
(3)The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2).
(4)A person may be guilty of an offence against this section regardless of whether the damaged vehicle was occupied by a police officer.
(5)In this section:
police vehicle means a motor vehicle that is being used, or is ordinarily used, by a police officer in the exercise of the officer’s functions.
Threat to kill
If—
(a)a person makes a threat to another person to kill that other person or any third person—
(i)intending that other person to fear that the threat would be carried out; or
(ii)being reckless whether or not that other person would fear that the threat would be carried out; and
(b)the threat is made—
(i)without lawful excuse; and
(ii)in circumstances in which a reasonable person would fear that the threat would be carried out;
the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—
(c)in the case of an aggravated offence against this section—13 years; or
(d)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Threat to inflict grievous bodily harm
If—
(a)a person makes a threat to another person to inflict grievous bodily harm on that other person or any third person—
(i)intending that other person to fear that the threat would be carried out; or
(ii)being reckless whether or not that other person would fear that the threat would be carried out; and
(b)the threat is made—
(i)without lawful excuse; and
(ii)in circumstances in which a reasonable person would fear that the threat would be carried out;
the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—
(c)in the case of an aggravated offence against this section—7 years; or
(d)in any other case—5 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Demands accompanied by threats
(1)A person who—
(a)makes a demand of another person; or
(b)resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or
(c)prevents or hinders a police officer from lawfully investigating any act or matter that reasonably calls for investigation by the officer;
with a threat to kill or inflict grievous bodily harm on a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for—
(d)in the case of an aggravated offence against this section—25 years; or
(e)in any other case—20 years.
(2)A person who—
(a)makes a demand of another person; or
(b)resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or
(c)prevents or hinders a police officer from lawfully investigating any act or matter that reasonably calls for investigation by the officer;
with a threat to endanger the health, safety or physical wellbeing of a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for—
(d)in the case of an aggravated offence against this section—13 years; or
(e)in any other case—10 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Possession of object with intent to kill etc
A person who—
(a)has possession of an object capable of causing harm to another person; and
(b)intends to use the object, or to cause or permit another person to use the object, unlawfully to kill another person or cause grievous bodily harm to another person;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
Forcible confinement
A person who unlawfully confines or imprisons another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
Stalking
(1)A person must not stalk someone with intent—
(a)to cause apprehension, or fear of harm, in the person stalked or someone else; or
(b)to cause harm to the person stalked or someone else; or
(c)to harass the person stalked.
Maximum penalty:
(a)for an aggravated offence against this section—
(i)imprisonment for 7 years if—
(A)the offence involved a contravention of an injunction or other order made by a court; or
(B)the offender was in possession of an offensive weapon; or
(ii)in any other case—imprisonment for 3 years; or
(b)for an offence against this section other than an aggravated offence—
(i)imprisonment for 5 years if—
(A)the offence involved a contravention of an injunction or other order made by a court; or
(B)the offender was in possession of an offensive weapon; or
(ii)in any other case—imprisonment for 2 years.
NoteSection 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
(2)For this section, a person stalks someone else (the stalked person) if, on at least 2 occasions, the person does 1 or more of the following:
(a)follows or approaches the stalked person;
(b)loiters near, watches, approaches or enters a place where the stalked person resides, works or visits;
(c)keeps the stalked person under surveillance;
(d)interferes with property in the possession of the stalked person;
(e)gives or sends offensive material to the stalked person or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the stalked person;
(f)telephones, sends electronic messages to or otherwise contacts the stalked person;
(g)sends electronic messages about the stalked person to anybody else;
(h)makes electronic messages about the stalked person available to anybody else;
(i)acts covertly in a way that could reasonably be expected to arouse apprehension or fear in the stalked person;
(j)engages in conduct amounting to intimidation, harassment or molestation of the stalked person.
(3)However, this section does not apply to reasonable conduct engaged in by a person as part of the person’s employment if it is a function of the person’s employment to engage in the conduct and the conduct is not otherwise unlawful.
(4)Without limiting subsection (1), a person is also taken to have the intent mentioned in the subsection if the person knows that, or is reckless about whether, stalking the other person would be likely—
(a)to cause apprehension or fear of harm in the person stalked or someone else; or
(b)to harass the person stalked.
(5)In a prosecution for an offence against subsection (1), it is not necessary to prove that the person stalked or someone else apprehended or feared harm or that the person stalked was harassed.
(6)For this section:
harm means physical harm, harm to mental health, or disease, whether permanent or temporary.
harm to mental health includes psychological harm.
physical harm includes unconsciousness, pain, disfigurement and physical contact that might reasonably be objected to in the circumstances, whether or not there was an awareness of the contact at the time.
35AAffray
(1)A person commits an offence if—
(a)the person engages in conduct; and
(b)the conduct is violence or the threat of violence; and
(c)the violence or threat is directed towards someone else; and
(d)the violence or threat would be likely to cause a reasonable person to fear for his or her safety.
Maximum penalty: imprisonment for 2 years.
(2)A person commits an offence if—
(a)the person engages in conduct; and
(b)the conduct is violence or the threat of violence; and
(c)the violence or threat is directed towards someone else; and
(d)2 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and
(e)the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety.
Maximum penalty: imprisonment for 5 years.
(3)A person commits an offence if—
(a)the person engages in conduct; and
(b)the conduct is violence or the threat of violence; and
(c)the violence or threat is directed towards someone else; and
(d)5 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and
(e)the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety.
Maximum penalty: imprisonment for 10 years.
(4)For an offence against this section—
(a)the violence or the threat of violence—
(i)must involve more than words; and
(ii)need not be carried out in common purpose with any other person; and
(b)a person towards whom the violence or threat of violence is directed does not need to be involved in the violence or threat; and
(c)a reasonable person does not need to be, or be likely to be, present at the place where the conduct happened; and
(d)a person does not need to have actually feared for their safety.
(5)In this section:
engage in conduct—see the Criminal Code, section 13.
35AAAffray—alternative verdicts
(1)This section applies if, in a prosecution for an offence against section 35A (2) or (3), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed another offence against section 35A carrying a lesser penalty than the offence charged.
(2)The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Torture
(1)In this section:
act of torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person—
(a)for such purposes as—
(i)obtaining from the person or from a third person information or a confession; or
(ii)punishing the person for an act that the person or a third person has committed or is suspected of having committed; or
(iii)intimidating or coercing the person or a third person; or
(b)for any reason based on discrimination of any kind;
but does not include an act arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the articles of the International Covenant on Civil and Political Rights (being the covenant a copy of the English text of which is set out in the Australian Human Rights Commission Act 1986 (Cwlth), schedule 2.
(2)A person who—
(a)is a public employee or acting in an official capacity; or
(b)is acting at the instigation, or with the consent or acquiescence, of a public employee or a person acting in an official capacity;
and who commits an act of torture is guilty of an offence punishable, on conviction, by imprisonment for 10 years.
36AAbuse of vulnerable person
(1)A person commits an offence if—
(a)the person is responsible for providing care to a vulnerable person; and
(b)the person engages in abusive conduct towards the vulnerable person; and
(c)the conduct results in—
(i)harm to the vulnerable person; or
(ii)a financial benefit for the person or someone else associated with the person; and
(d)the person is reckless about—
(i)if the vulnerable person suffers harm—causing the harm; or
(ii)if the person or someone else associated with the person obtains a financial benefit—obtaining the benefit.
Maximum penalty:
(a)if the person’s conduct results in harm, other than serious harm, or a financial benefit—imprisonment for 3 years; or
(b)if the person’s conduct results in serious harm—imprisonment for 5 years.
NoteA law that creates an offence applies to a corporation as well as to an individual (see Legislation Act, s 161).
(2)Without limiting subsection (1) (a), a defendant is responsible for providing care to a vulnerable person—
(a)if the defendant exercises control over any aspect of the care needed by the vulnerable person; and
(b)regardless of whether the care of the vulnerable person is short‑term or long-term care.
(3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)the defendant’s conduct was reasonable in all the circumstances; or
(b)for a defendant who is associated with a relevant institution providing care to the vulnerable person—
(i)the defendant’s conduct complied with—
(A)the relevant institution’s procedures and practices for the care, supervision or control of the vulnerable person; or
(B)the direction of a person in authority in the relevant institution; or
(ii)the abusive conduct happened as a result of circumstances beyond the defendant’s control.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
(4)For subsection (3) (b), a defendant is associated with a relevant institution if the defendant—
(a)owns, manages or controls the institution; or
(b)is employed or engaged by the institution; or
(c)works as a volunteer for the institution; or
(d)engages in an activity with or for the institution; or
(e)is in any other position of authority in relation to the institution.
(5)In this section:
abusive conduct, engaged in by a person (the abusive person) toward a vulnerable person, means an act or omission—
(a)that is directed at the vulnerable person, and is of a violent, threatening, intimidating or sexually inappropriate nature; or
(b)that—
(i)is directed at the vulnerable person, or someone known to the vulnerable person, and is reasonably likely to—
(A)make the vulnerable person dependent on or subordinate to the abusive person; or
(B)isolate the vulnerable person from friends or family; or
(C)limit the vulnerable person’s access to services needed by the vulnerable person; or
(D)deprive or restrict the vulnerable person’s freedom of action; or
(E)frighten, humiliate, degrade or punish the vulnerable person; and
(ii)is not reasonably necessary for the safe and effective care of the vulnerable person, or for the safety of another person who is present or nearby.
harm means physical, psychological or financial detriment.
relevant institution means—
(a)an entity, other than an individual, that operates facilities for, engages in activities with, or provides services to, vulnerable people under the entity’s care, supervision or control; or
(b)a group of entities mentioned in paragraph (a) if the entities—
(i)interact with each other, share similar characteristics and collectively have a sense of unity; or
(ii)are controlled, managed or governed by another entity.
Examples—par (a)
religious organisations, hospitals, nursing homes
Example—par (b)
a group of nursing homes controlled by a religious organisation or operated by a company
serious harm means any harm (including the cumulative effect of more than 1 harm) that—
(a)endangers, or is likely to endanger, human life; or
(b)is, or is likely to be, significant and longstanding.
vulnerable person means an adult who—
(a)has a disability within the meaning of the Disability Services Act 1991; or
(b)is at least 60 years old and—
(i)has a disorder, illness or disease that affects the person’s thought processes, perception of reality, emotions or judgment or otherwise results in disturbed behaviour; or
(ii)has an impairment that—
(A)is intellectual, psychiatric, sensory or physical in nature; and
(B)results in a substantially reduced capacity of the person for communication, learning or mobility; or
(iii)for any other reason is socially isolated or unable to participate in the life of the person’s community.
36BFailure to protect vulnerable person from criminal offence
(1)A person commits an offence if—
(a)the person is a person in authority in a relevant institution (the person in authority); and
(b)there is a substantial risk that a serious offence will be committed against a vulnerable person under the institution’s care, supervision or control by—
s 548renum as s 398
Enforcing appearance
hdg before s 549 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Offenders may be summoned under existing Acts
s 549om Ord1983‑27 sch 3
Certain averments
hdg before s 550 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Where not necessary to allege particular ownership
s 550am Ord1983‑27 sch 2
om Ord1985‑44 sch
General averment of intent to defraud or injure
s 551renum as s 399
Discharge of juvenile first offenders
hdg before s 552 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Discharge of juvenile first offenders
s 552am Ord1983‑27 sch 2
om A1991‑18 s 4
Reduction of sentence below fixed term
hdg before s 553 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Sentence may be for less term or fine of less amount than that fixed herein
s 553renum as s 400
Sentence to hard labour
hdg before s 554 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Hard or light labour
s 554sub Ord1951‑14 s 12
am Ord1963‑11 s 27; Ord1983‑27 sch 2; Ord1985‑67 sch
om Ord1986‑57 s 9
Penalties etc—application
hdg before s 555 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Application of forfeitures and penalties
s 555renum as s 401
Summary conviction etc a bar
hdg before s 556 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Summary conviction a bar to further proceedings
s 556am Ord1983‑27 sch 2; Ord1984‑78 s 25
om A1991‑18 s 4
Conditional release of offenders without proceeding to conviction
s 556Aorig s 556A ins Ord1942‑12 s 4
om Ord1971‑2 s 6
prev s 556A renum as s 402
Conditional release of offenders
s 556Brenum as s 403
Failure to comply with condition of recognizance or release
s 556Crenum as s 404
Power to discharge or vary conditions of recognizance
s 556Drenum as s 405
Recovery of amounts where recognizances estreated
s 556Erenum as s 406
Interpretation
s 556Frenum as s 407
Directions to perform work
s 556Grenum as s 408
Effect of payment of fine etc where community service order made
s 556Hins Ord1985‑11 s 4
am Ord1985‑67 sch pt 1
om A1998‑29 s 6
Circumstances in which a community service order may be made
s 556Jrenum as s 409
Obligations of offender and consequences of failure to comply
s 556Krenum as s 410
Community service order to cease to have effect after 12 months except where period extended
s 556Lrenum as s 411
Revocation and variation of community service order and variation of nature of work
s 556Mrenum as s 412
Power of court where offender convicted of further offence
s 556Nrenum as s 413
Apprehension of offender about to leave Territory
s 556Prenum as s 414
Power of court re offender about to leave Territory
s 556Qrenum as s 415
Effect of compliance with, or revocation of, certain community service orders
s 556Rins Ord1985‑11 s 4
am Ord1985‑67 sch pt 1
om A1998‑29 s 8
Service of documents
s 556Srenum as s 416
Power of court where offender apprehended under this part
s 556Trenum as s 417
Power of court in certain circumstances upon revoking community service order
s 556Urenum as s 418
Discharge of community service order
s 556Vrenum as s 419
Jurisdiction of Supreme Court
s 556Wrenum as s 420
Interpretation
s 557orig s 557 om Ord1971‑2 s 7
prev s 557 renum as s 433
def court om Ord1971‑2 s 7
def minor offence om Ord1971‑2 s 7
def offender om Ord1971‑2 s 7
Suspension of punishment on first conviction
s 558orig s 558 om Ord1971‑2 s 7
prev s 558 renum as s 434
Order for restitution or payment of compensation may be made by court
s 559am Ord1951‑14 s 13
om Ord1971‑2 s 7
Offender discharged to report himself
s 560om Ord1971‑2 s 7
Forfeiture of recognizance etc
s 561sub Ord1951‑14 s 14
om Ord1971‑2 s 7
Otherwise to be discharged and conviction not to be deemed a previous conviction
s 562om Ord1971‑2 s 7
Protection of persons acting under this Act
s 563renum as s 435
No court fees to be taken in criminal cases
s 564renum as s 436
Power of Courts to bring prisoners before them
s 565renum as s 437
Witnesses neglecting to attend trial and captured under warrant may be admitted to bail
s 566renum as s 438
Supreme Court Judges may prescribe forms of indictments etc
s 567renum as s 439
Every Court of General Sessions etc to be called a Court of Quarter Sessions
s 568om Ord1983‑27 sch 3
Governor to establish abolish Courts of quarter Sessions, fix times places and districts at and for which they shall be held
s 569om Ord1983‑27 sch 3
Appointment of chairman
s 570om Ord1983‑27 sch 3
Adjournment of such courts when chairman absent
s 571om Ord1983‑27 sch 3
Governor may appoint persons to prosecute at Quarter Sessions
s 572om Ord1983‑27 sch 3
Provision for wife where husband convicted of aggravated assault
s 573om Ord1983‑27 sch 3
Prosecutions for blasphemy
s 574renum as s 440
Misappropriation of corn etc by servants
s 575orig s 575 am Ord1983‑27 sch 2
om Ord1985‑44 sch
prev s 575 renum as s 441
Indecent exposure of the person
s 576om Ord1983‑55 s 21
Change of venue
s 577renum as s 442
Approved forms
s 578renum as s 443
Regulation-making power
s 579renum as s 444
Expiry—Motor Traffic Act
s 580ins A1999‑79 s 5 sch 3
renum A2001‑44 amdt 1.1007
sub A2001‑90 amdt 1.34
exp 27 March 2002 (see s 580)
Transitional—Crimes Legislation Amendment Act 2008
pt 30 hdgins A2008‑44 amdt 1.43
exp 30 May 2010 (s 602)
Application of amendments
s 600ins A2008‑44 amdt 1.43
mod SL2009‑21 s 3 (mod lapsed on rep of SL2009‑21 (4 September 2009))
am A2009‑24 amdt 1.7
exp 30 May 2010 (s 602)
Transitional regulations
s 601ins A2008‑44 amdt 1.43
exp 30 May 2010 (s 602)
Expiry—pt 30
s 602ins A2008‑44 amdt 1.43
exp 30 May 2010 (s 602)
Transitional—Courts Legislation Amendment Act 2011
pt 31 hdgins A2011‑13 amdt 1.9
exp 25 July 2012 (s 612)
Application of amendments
s 610ins A2011‑13 amdt 1.9
exp 25 July 2012 (s 612)
Transitional regulations
s 611ins A2011‑13 amdt 1.9
exp 25 July 2012 (s 612)
Expiry—pt 31
s 612ins A2011‑13 amdt 1.9
exp 25 July 2012 (s 612)
Transitional—Crimes Amendment Act 2014
pt 32 hdgins A2014‑40 s 5
exp 7 August 2014 (s 621)
Effect of amendment on earlier reports under div 20.4
s 620ins A2014‑40 s 5
exp 7 August 2014 (s 621)
Expiry—pt 32
s 621ins A2014‑40 s 5
exp 7 August 2014 (s 621)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 33 hdgins A2023-45 s 59
exp 22 November 2028 (s 624)
General
div 33.1 hdgins A2023-45 s 59
exp 22 November 2028 (s 624)
Definitions—pt 33
s 622ins A2023-45 s 59
exp 22 November 2028 (s 624)
Transitional regulations
s 623ins A2023-45 s 59
exp 22 November 2028 (s 624)
Expiry—pt 33
s 624ins A2023-45 s 59
exp 22 November 2028 (s 624)
Ending action etc for youth offences
div 33.2 hdgins A2023-45 s 59
exp 22 November 2028 (s 624)
Application—div 33.2
s 625ins A2023-45 s 59
exp 22 November 2028 (s 624)
Law enforcement action
s 626ins A2023-45 s 59
exp 22 November 2028 (s 624)
Criminal procedures, proceedings and sentences
s 627ins A2023-45 s 59
exp 22 November 2028 (s 624)
Destruction of forensic material etc
s 628ins A2023-45 s 59
exp 22 November 2028 (s 624)
Release of person from custody
s 629ins A2023-45 s 59
exp 22 November 2028 (s 624)
Validity of past criminal justice action
div 33.3 hdgins A2023-45 s 59
exp 22 November 2028 (s 624)
Meaning of criminal justice action—div 33.3
s 630ins A2023-45 s 59
exp 22 November 2028 (s 624)
Past lawful acts not affected
s 631ins A2023-45 s 59
exp 22 November 2028 (s 624)
Protection from liability
s 632ins A2023-45 s 59
exp 22 November 2028 (s 624)
No entitlement to compensation etc
s 633ins A2023-45 s 59
exp 22 November 2028 (s 624)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 34 hdgins A2023-45 s 60
exp 1 July 2030 (s 636)
General
div 34.1 hdgins A2023-45 s 60
exp 1 July 2030 (s 636)
Definitions—pt 34
s 634ins A2023-45 s 60
exp 1 July 2030 (s 636)
Transitional regulations
s 635ins A2023-45 s 60
exp 1 July 2030 (s 636)
Expiry—pt 34
s 636ins A2023-45 s 60
exp 1 July 2030 (s 636)
Ending action etc for youth offences
div 34.2 hdgins A2023-45 s 60
exp 1 July 2030 (s 636)
Application—div 34.2
s 637ins A2023-45 s 60
exp 1 July 2030 (s 636)
Law enforcement action
s 638ins A2023-45 s 60
exp 1 July 2030 (s 636)
Criminal procedures, proceedings and sentences
s 639ins A2023-45 s 60
exp 1 July 2030 (s 636)
Destruction of forensic material etc
s 640ins A2023-45 s 60
exp 1 July 2030 (s 636)
Release of person from custody
s 641ins A2023-45 s 60
exp 1 July 2030 (s 636)
Validity of past criminal justice action
div 34.3 hdgins A2023-45 s 60
exp 1 July 2030 (s 636)
Meaning of criminal justice action—div 34.3
s 642ins A2023-45 s 60
exp 1 July 2030 (s 636)
Past lawful acts not affected
s 643ins A2023-45 s 60
exp 1 July 2030 (s 636)
Protection from liability
s 644ins A2023-45 s 60
exp 1 July 2030 (s 636)
No entitlement to compensation etc
s 645ins A2023-45 s 60
exp 1 July 2030 (s 636)
Repeal of Acts
hdg before sch 1 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Anabolic steroids
sch 1orig sch 1 om A2001‑8 amdt 1.13
prev sch 1 (prev sch 2) ins A1997‑23 s 9
sub A2001‑90 amdt 1.35
renum R9 LA (see A2001‑63 s 43)
am A2002‑51 amdt 1.16
om A2005‑13 amdt 1.25
ins as mod SL2008‑42 mod 10.2 (as ins by SL2009‑27 s 7)
mod lapsed 21 December 2010 (SL2008‑42 mod 10.2 om by A2010‑50 amdt 1.14)
pres sch 1 ins A2010‑50 amdt 1.2
Parts and sections in force, so far as their provisions are applicable, with respect to all offences and courts
hdg before sch 2 om Ord1983‑27 s 3 (as am by Ord1985‑16 s 6)
Domestic violence offences under Crimes Act 1900
sch 2om Ord1985‑44 s 13
ins A1997‑23 sch
Third schedule
sch 3am Ord1990‑5 sch 2
om A2001‑44 amdt 1.1008
As to allegation of property
sch 4om Ord1985‑44 s 13
Forms
sch 5om Ord1983‑55 s 22
ins Ord1985‑11 s 5
am Ord1985‑67 sch pt 1; Ord1990‑5 sch 2; A1995‑2 sch; A1998‑29 s 9
om A2001‑44 amdt 1.1008
Form of list of other offences charged
sch 6om Ord1974‑17 s 13
ins Ord1983‑27 s 28
am Ord1985‑16 s 5; Ord1985‑67 sch pt 1
om A2001‑44 amdt 1.1008
Certificate and declaration at executions
sch 7om Ord1983‑27 s 28
Dictionary
dictins A2001‑8 amdt 1.14
defs reloc from s 4 A2001‑8 amdt 1.4
am A2002‑49 amdt 3.49; A2003‑14 amdt 1.33; A2004‑28 amdt 3.12; A2006‑23 amdt 1.78; A2006‑22 amdt 1.26 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2006‑46 amdt 2.5; A2008‑14 amdt 1.20; A2008‑36 amdt 1.244; A2010‑10 amdt 2.22; A2011‑22 amdt 1.121; A2012‑40 amdt 3.28; A2013‑39 amdt 2.14 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2015‑50 amdt 3.61; A2016‑33 amdt 1.8; A2016‑52 amdt 1.53; A2020‑18 s 8; A2023‑15 amdt 2.2; A2025‑9 s 13
def Aboriginal and Torres Strait Islander children and young people commissioner ins A2025‑9 s 14
def Aboriginal or Torres Strait Islander child or young person ins A2025‑9 s 14
def ACAT ins A2008‑36 amdt 1.245
am A2015‑50 amdt 3.62
def accused ins A2015‑50 amdt 3.63
def actual bodily harm ins A2006‑5 s 21
def agent ins A2003‑55 s 6
om A2021-19 amdt 1.5
def aggravated offence ins A2001‑8 amdt 1.14
sub A2015‑50 amdt 3.64; A2022-13 s 75
def alternative offence ins A2015‑50 amdt 3.65
sub A2022-13 s 75
def anabolic steroid ins A2015‑50 amdt 3.65
def applied provisions ins A2022-13 s 76
def appropriate authority ins A2015‑50 amdt 3.65
def assisting officer ins A2015‑50 amdt 3.65
def bail undertaking ins A1992‑9 s 5
reloc from s 4 A2001‑8 amdt 1.4
om A2004‑14 amdt 2.3
def banker reloc from s 4 A2001‑8 amdt 1.4
def breasts ins A2017‑22 s 6
def causes ins A2003‑55 s 6
om A2021-19 amdt 1.5
def child ins A1997‑23 s 4
reloc from s 4 A2001‑8 amdt 1.4
sub A2015‑50 amdt 3.66
def child, for sdiv 10.7.2 ins A2008‑19 amdt 1.20
om A2015‑50 amdt 3.66
def commissioner for OH&S ins A2003‑55 s 6
om A2009‑28 amdt 2.7
def committed ins A2008‑19 amdt 1.20
def Commonwealth Crimes Act ins A2015‑50 amdt 3.67
def compliance period ins A2018‑5 s 6
def conduct ins A2003‑55 s 6
sub A2015‑50 amdt 3.68; A2021-19 amdt 1.6
def consent ins A2022‑7 s 8
def contaminate ins A2015‑50 amdt 3.69
def conveyance ins A2015‑50 amdt 3.69
def corrections officer ins A2006‑23 amdt 1.79
om A2007‑15 amdt 1.1
def corresponding law ins A2015‑50 amdt 3.69
def crime scene ins A2017-45 s 7
def crime scene power ins A2017-45 s 7
def daily care responsibility ins A2008‑19 amdt 1.20
def deal ins A2015‑50 amdt 3.69
def death ins A2003‑55 s 6
om A2021-19 amdt 1.7
def de facto spouse ins A1997‑23 s 4
reloc from s 4 A2001‑8 amdt 1.4
om A2003‑14 amdt 1.34
def defendant ins A2015‑50 amdt 3.69
def detention during pleasure ins A2015‑50 amdt 3.69
def Director of Public Prosecutions ins Ord1990‑5 sch 2
reloc from s 4 A2001‑8 amdt 1.4
def distribute ins A2017‑22 s 6
def document of title to land reloc from s 4 A2001‑8 amdt 1.4
om A2002‑49 amdt 3.50
def document of title to goods reloc from s 4 A2001‑8 amdt 1.4
def domestic partner ins A2003‑14 amdt 1.35
def domestic violence offence ins A1997‑23 s 4
am A1999‑79 sch 3
reloc from s 4 A2001‑8 amdt 1.4
am A2001‑70 amdt 1.5
par (ca) exp 1 January 2002 (s 580)
pars renum R9 LA
sub A2001‑90 amdt 1.36
par (e) exp 27 March 2002 (see s 580 and A2001‑90 amdt 1.34)
am A2002‑51 amdt 1.17
om A2005‑13 amdt 1.26
def drug am Ord1990‑5 sch 2
reloc from s 4 A2001‑8 amdt 1.4
def economic loss ins A2015‑50 amdt 3.69
def employee ins A2003‑55 s 6
om A2021-19 amdt 1.7
def employer ins A2003‑55 s 6
om A2021-19 amdt 1.7
def engage in conduct ins A2015‑50 amdt 3.69
def engaged in a private act ins A2017‑22 s 6
def evidential material ins A2015‑50 amdt 3.69
def exclusion direction ins A2016‑48 s 12
def exclusion period ins A2016‑48 s 12
def exclusion zone ins A2016‑48 s 12
def executing officer ins A2015‑50 amdt 3.69
def family violence ins A2022-13 s 76
def fault element ins A2022-13 s 76
def female genital mutilation ins A2015‑50 amdt 3.69
def fortification ins A2018‑5 s 6
def fortification inspection order ins A2018‑5 s 6
def fortification offence ins A2018‑5 s 6
def fortification removal order ins A2018‑5 s 6
def frisk search ins A2015‑50 amdt 3.69
def Full Court ins A2015‑50 amdt 3.69
def genital or anal region ins A2017‑22 s 6
def goods ins A2015‑50 amdt 3.69
def government ins A2003‑55 s 6
om A2021-19 amdt 1.7
def government entity ins A2003‑55 s 6
om A2021-19 amdt 1.7
def government or non-government school ins A2022-10 amdt 1.4
def grievous bodily harm ins Ord1983‑55 s 3
reloc from s 4 A2001‑8 amdt 1.4
sub A2006‑5 s 22
def harm ins A2006‑5 s 22
om A2015‑50 amdt 3.70
def household member ins A1997‑23 s 4
reloc from s 4 A2001‑8 amdt 1.4
om A2001‑90 amdt 1.37
def identification material ins A2015‑36 s 11
def impaired state ins A2015‑36 s 11
def independent contractor ins A2003‑55 s 6
om A2021-19 amdt 1.7
def indictment reloc from s 4 A2001‑8 amdt 1.4
def inquiry ins A2015‑50 amdt 3.71
def intimate image ins A2017‑22 s 6
def issuing officer ins A2015‑50 amdt 3.71
def knife ins A1998‑22 s 4
reloc from s 4 A2001‑8 amdt 1.4
sub A2015‑50 amdt 3.72
def lawful custody ins A2015‑50 amdt 3.73
om A2018‑43 amdt 1.1
def light rail ins A2017‑21 amdt 1.13
def light rail vehicle ins A2017‑21 amdt 1.13
def loaded arms ins Ord1983‑55 s 3
reloc from s 4 A2001‑8 amdt 1.4
def long-term care responsibility ins A2008‑19 amdt 1.20
def Magistrates Court ins A2008‑19 amdt 1.20
am A2015‑50 amdt 3.74
def medical practitioner ins A1995‑50 s 4
reloc from s 4 A2001‑8 amdt 1.4
om A2002‑49 amdt 3.51
def mental health order ins A2015‑50 amdt 3.75
def mental impairment ins A2006‑14 amdt 1.40
def motor vehicle ins Ord1985‑40 s 3
am Ord1990‑5 sch 2
sub A1999‑79 sch 3
reloc from s 4 A2001‑8 amdt 1.4
sub A2015‑50 amdt 3.76
def night ins A2015‑50 amdt 3.77
def occupier ins A2018‑5 s 6
def offence ins A2015‑50 amdt 3.77
def offence to which this Act applies ins A2015‑50 amdt 3.77
def offensive weapon ins Ord1983‑55 s 3
sub A2000‑85 s s4
reloc from s 4 A2001‑8 amdt 1.4
def officer orig def ins Ord1984‑78 s 3
reloc from s 4 A2001‑8 amdt 1.4
new def ins A2003‑55 s 6
am R24 LA
sub A2021-19 amdt 1.8
def ordinary search ins A2015‑50 amdt 3.77
def outworker ins A2003‑55 s 6
om A2021-19 amdt 1.9
def owner ins A2015‑50 amdt 3.77
def police station ins A2015‑50 amdt 3.77
def premises ins A2015‑50 amdt 3.77
def private premises ins A2017-45 s 7
def proceeds of crime ins A2015‑50 amdt 3.77
def property ins A2015‑50 amdt 3.77
def provide services ins A2003‑55 s 6
om A2021-19 amdt 1.9
def public place ins A2016‑48 s 12
sub A2017-45 s 8
am A2025‑3 amdt 1.3
def railway ins A2017‑21 amdt 1.13
def recently used conveyance ins A2015‑50 amdt 3.77
def reciprocating State ins A2015‑50 amdt 3.77
def registrar ins A2015‑50 amdt 3.77
def relative ins A1997‑23 s 4
reloc from s 4 A2001‑8 amdt 1.4
sub A2001‑90 amdt 1.38; sub A2003‑14 amdt 1.36
om A2006‑22 amdt 1.27 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
om A2008‑14 amdt 1.21
def relevant person ins A2001‑90 amdt 1.39
am A2003‑14 amdt 1.37, amdt 1.38
om A2005‑13 amdt 1.27
def relevant proceeding ins A2015‑50 amdt 3.77
def school ins A1998‑22 s 4
reloc from s 4 A2001‑8 amdt 1.4
sub A2004‑17 amdt 2.8; A2015‑50 amdt 3.78
def search warrant ins A2015‑50 amdt 3.79
def seizable item ins A2015‑50 amdt 3.79
def senior officer ins A2003‑55 s 6
om A2021-19 amdt 1.9
def serious harm ins A2003‑55 s 6
sub A2006‑5 s 23; A2015‑50 amdt 3.80
om A2021-19 amdt 1.9
def serious offence ins A2015‑50 amdt 3.81
am A2017-45 s 9; pars renum R115 LA
def sexual act ins A2022‑7 s 8
def sexual intercourse ins A2015‑50 amdt 3.81
def sexual services ins A2001‑8 amdt 1.14
def sexual servitude ins A2001‑8 amdt 1.14
def simple offence ins A2022-13 s 76
def special hearing ins A2015‑50 amdt 3.81
def spouse ins A1997‑23 s 4
reloc from s 4 A2001‑8 amdt 1.4
om A2003‑14 amdt 1.39
def strip search ins A2015‑50 amdt 3.81
def tainted property ins A2003‑8 amdt 1.14
def take ins A2015‑36 s 11
def target material ins A2003‑8 amdt 1.14
def telegraph reloc from s 4 A2001‑8 amdt 1.4
def telephone ins A2015‑50 amdt 3.81
def thing relevant to ins A2015‑50 amdt 3.81
def trustee reloc from s 4 A2001‑8 amdt 1.4
def trust fund ins A1991‑104 s 4
reloc from s 4 A2001‑8 amdt 1.4
om A2003‑8 amdt 1.15
defunder restraint ins A2008‑19 amdt 1.20
defunder the age of criminal responsibility ins A2023-45 s 61
def unlawful activity ins A2015‑50 amdt 3.81
def vessel reloc from s 4 A2001‑8 amdt 1.4
def volunteer ins A2003‑55 s 6
om A2021-19 amdt 1.9
def warrant ins A2015‑50 amdt 3.81
def warrant premises ins A2015‑50 amdt 3.81
def worker ins A2003‑55 s 6
om A2021-19 amdt 1.9
def young person ins A2008‑19 amdt 1.20
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
23 May 196323 May 1963–
14 Mar 1968Ord1963‑11 republication for amendments by Ord1942‑12, Ord1944‑1, Ord1951‑14 and Ord1963‑11 R0A (RI)
29 May 200923 May 1963–
14 Mar 1968Ord1963‑11 reissue of printed version R0B
18 Nov 198318 Nov 1983–
18 Dec 1984Ord1983‑55 republication for amendments by Ord1968‑4, Ord1970‑40, Ord1971‑2, Ord1974‑17, Ord1978‑45, Ord1979‑1, Ord1983‑27, Ord1983‑45 and Ord1983‑55 R0B (RI)
29 May 200918 Nov 1983–
18 Dec 1984Ord1963‑11 reissue of printed version R0C
11 Feb 198711 Feb 1987–
26 July 1988Ord1987‑3 republication for amendments by Ord1984‑32, Ord1984‑78, Ord1985‑11, Ord1985‑16, Ord1985‑40, Ord1985‑44, Ord1985‑62, Ord1985‑67, Ord1985‑75, Ord1986‑14, Ord1986‑15, Ord1986‑27 (as amended by Ord1986‑37), Ord1986‑53, Ord1986‑57 (as amended by Ord1987‑3), Ord1986‑74 and Ord1987‑3 R0C (RI)
7 June 200611 Feb 1987–
26 July 1988Ord1987‑3 reissue of printed version R0D
1 July 19901 July 1990–
5 Feb 1991Ord1990‑5 republication for amendments by Ord1988‑44, Ord1988‑75, Ord1990‑1, Ord1990‑2, Ord1990‑4 and Ord1990‑5 R0D (RI)
7 June 20061 July 1990–
5 Feb 1991Ord1990‑5 reissue of printed version R1
8 July 19928 July 1992–
27 Nov 1992A1992‑35 first republication after self-government R1 (RI)
18 June 20038 July 1992–
27 Nov 1992A1992‑35 reissue of printed version R1A
18 June 200328 Nov 1992–
23 Dec 1992A1992‑35 amendments by A1992‑9 R1B
18 June 200324 Dec 1992–
28 Feb 1993A1992‑35 amendments by A1992‑76 R1C
18 June 20031 Mar 1993–
1 June 1993A1993‑3 amendments by A1993‑3 R1D
18 Mar 20031 June 1993–
14 Nov 1993A1993‑3 amendments by A1992‑65 R1E
18 Mar 200315 Nov 1993–
16 Dec 1993A1993‑73 amendments by A1993‑73 R2
31 Jan 199417 Dec 1993–
30 June 1994A1993‑91 amendments by A1993‑91 R2 (RI)
18 Mar 200317 Dec 1993–
30 June 1994A1993‑91 reissue of printed version R2A
18 Feb 20031 July 1994–
30 Nov 1994A1994‑38 amendments by A1994‑38 R2B
17 Feb 20031 Dec 1994–
14 Dec 1994A1994‑75 amendments by A1994‑75 R2C
12 Dec 200215 June 1995–
18 June 1995A1994‑98 amendments by A1994‑84 and A1994‑86 R2D
2 Dec 200219 June 1995–
31 Aug 1995A1995‑3 amendments by A1995‑2 R2E
2 Dec 20021 Sept 1995–
17 June 1996A1995‑3 amendments by A1995‑3 R2F
28 Nov 200218 June 1996–
30 June 1996A1995‑50 amendments by A1995‑49 R2G
27 Nov 20021 July 1996–
9 July 1996A1996‑31 amendments by A1996‑31 R3
30 Nov 199610 July 1996–
15 May 1997A1996‑36 amendments by A1996‑36 R3 (RI)
21 Nov 200210 July 1996–
15 May 1997A1996‑36 reissue of printed version R3A
21 Nov 200217 May 1997–
29 May 1997A1997‑10 amendments by A1997‑10 R3B
21 Nov 200230 May 1997–
30 Nov 1997A1997‑86 amendments by A1997‑23 R3C
20 Nov 20021 Dec 1997–
10 Dec 1997A1997‑96 amendments by A1995‑50 R3D
19 Nov 200211 Dec 1997–
23 Dec 1997A1997‑96 amendments by A1997‑86 R4
1 June 19981 June 1998–
9 June 1998A1997‑117 amendments by A1997‑96 R4 (RI)
19 Nov 20021 June 1998–
9 June 1998A1997‑117 reissue of printed version R5
28 Feb 19991 Jan 1999–
24 June 1999A1998‑71 amendments by A1998‑29, A1998‑67 and A1998‑71 R5 (RI)
19 Nov 20021 Jan 1999–
24 June 1999A1998‑71 reissue of printed version R6
10 Nov 19996 Oct 1999–
14 Dec 1999A1999‑64 amendments by A1999‑60 R6 (RI)
19 Nov 20026 Oct 1999–
14 Dec 1999A1999‑64 reissue of printed version R6A
19 Nov 200215 Dec 1999–
23 Dec 1999A1999‑71 amendments by A1999‑71 R6B
19 Nov 20021 Mar 2000–
8 Mar 2000A1999‑91 amendments by A1999‑79 R6C
15 Nov 200210 May 2000–
4 Oct 2000A2000‑3 amendments by A1999‑64 and A2000‑3 R6D
15 Nov 20025 Oct 2000–
20 Dec 2000A2000‑58 amendments by A2000‑58 R6E
15 Nov 20021 Jan 2001–
7 Mar 2001A2000‑85 amendments by A2000‑66 and A2000‑85 R7 (RI)
23 June 200312 Sept 2001–
13 Sept 2001A2002‑9 amendments by A2001‑44 and A2001‑56 reissue for textual correction in s 448 R8 (RI)
23 June 200314 Sept 2001–
26 Sept 2002A2002‑9 amendments by A2001‑70 and A2001‑75 reissue for textual correction in s 448 R9*
7 Jan 20027 Jan 2002–
13 Mar 2002A2001‑90 commenced expiry and general renumbering R9 (RI)
23 June 20037 Jan 2002–
13 Mar 2002A2001‑90 reissue for textual correction in s 357 R10 (RI)
23 June 200314 Mar 2002–
26 Mar 2002A2002‑9 amendments by A2002‑3
reissue for textual correction in s 357R11 (RI)
23 June 200327 Mar 2002–
13 May 2002A2002‑9 amendments by A2001‑90 and commenced expiry
reissue for textual correction in s 357R12 (RI)
23 June 200314 May 2002–
27 May 2002A2002‑9 amendments by A2002‑9 reissued for textual correction in s 357 R13 (RI)
23 June 200328 May 2002–
8 Sept 2002A2002‑11 amendments by A2002‑11 reissued for textual correction in s 357 R14 (RI)
23 June 20039 Sept 2002–
12 Sept 2002A2002‑24 amendments by A2002‑24 reissued for textual correction in s 357 R15 (RI)
23 June 200313 Sept 2002–
27 Nov 2002A2002‑24 commenced expiry
reissue for textual correction in s 357R16 (RI)
23 June 200328 Nov 2002–
9 Dec 2002A2002‑24 commenced expiry
reissue for textual correction in s 357R17 (RI)
23 June 200310 Dec 2002–20 Dec 2002 A2002‑24 commenced expiry
reissue for textual correction in s 357R18 (RI)
23 June 200321 Dec 2002–
31 Dec 2002A2002‑51 amendments by A2002‑50 reissue for textual correction in s 357 R19 (RI)
23 June 20031 Jan 2003–
16 Jan 2003A2002‑51 amendments by A2002‑51 reissue for textual correction in s 357 R20 (RI)
23 June 200317 Jan 2003–
19 Mar 2003A2002‑51 amendments by A2002‑49 reissue for textual correction in s 357 R21
20 Mar 200320 Mar 2003–
27 Mar 2003A2002‑51 amendments by A2002‑50 R22*
28 Mar 200328 Mar 2003–
14 Aug 2003A2003‑14 amendments by A2003‑14 R23
15 Aug 200315 Aug 2003–
29 Feb 2004A2003‑14 amendments by A2003‑8 R24
1 Mar 20041 Mar 2004–
16 Mar 2004A2004‑2 amendments by A2003‑55 R25
17 Mar 200417 Mar 2004–
21 Mar 2004A2004‑16 amendments by A2004‑16 R26
22 Mar 200422 Mar 2004–
8 Apr 2004A2004‑16 amendments by A2004‑2 R27
9 Apr 20049 Apr 2004–
17 June 2004A2004‑16 amendments by A2004‑15 R28
18 June 200418 June 2004–
25 June 2004A2004‑17 commenced expiry R29
26 June 200426 June 2004–
30 June 2004A2004‑17 amendments by A2004‑14 R30
1 July 20041 July 2004‑
7 July 2004A2004‑28 amendments by A2004‑28 R31
8 July 20048 July 2004‑
12 July 2004A2004‑32 amendments by A2004‑30 R32*
13 July 200413 July 2004–
31 Dec 2004A2004‑32 amendments by A2004‑32 R33
1 Jan 20051 Jan 2005–
9 Jan 2005A2004‑65 amendments by A2004‑17 R34
10 Jan 200510 Jan 2005–
30 Jan 2005A2004‑65 amendments by A2004‑60 R35
31 Jan 200531 Jan 2005–
23 Feb 2005A2004‑65 amendments by A2004‑65 R36
24 Feb 200524 Feb 2005–
24 Mar 2005A2005‑7 amendments by A2005‑7 R37
25 Mar 200525 Mar 2005–
1 June 2005A2005‑13 amendments by A2005‑13 R38
2 June 20052 June 2005–
6 July 2005A2005‑20 amendments by A2005‑20 R39
7 July 20057 July 2005–
31 Aug 2005A2005‑20 updated endnotes R40
1 Sept 20051 Sept 2005–
6 Sept 2005A2005‑20 amendment to commencement of A2004‑61 by A2005‑43 R41
7 Sept 20057 Sept 2005–
7 Sept 2005A2005‑48 amendments by A2005‑48 R42
8 Sept 20058 Sept 2005–
22 Nov 2005A2005‑48 amendments by A2005‑44 R43
23 Nov 200523 Nov 2005–
16 Jan 2006A2005‑53 amendments by A2005‑53 R44
17 Jan 200617 Jan 2006–
22 Feb 2006A2005‑53 amendments by A2004‑39 R45
23 Feb 200623 Feb 2006–
15 Mar 2006A2006‑1 amendments by A2006‑1 R46
16 Mar 200616 Mar 2006–
6 Apr 2006A2006‑5 amendments by A2006‑5 R47*
7 Apr 20067 Apr 2006–
1 June 2006A2006‑14 amendments by A2006‑14 R48
2 June 20062 June 2006–
17 Nov 2006A2006‑23 amendments by A2006‑23 R49
18 Nov 200618 Nov 2006–
27 Mar 2007A2006‑46 amendments by A2006‑46 R50
28 Mar 200728 Mar 2007–
5 Sept 2007A2006‑46 amendments by A2006‑38 R51
6 Sept 20076 Sept 2007–
22 Nov 2007A2007‑22 amendments by A2007‑22 R52
23 Nov 200723 Nov 2007–
17 Dec 2007A2007‑37 amendments by A2007‑37 R53
18 Dec 200718 Dec 2007–
15 Apr 2008A2007‑37 amendments by A2007‑15 R54
16 Apr 200816 Apr 2008–
18 May 2008A2008‑6 amendments by A2008‑6 R55
19 May 200819 May 2008–
26 Aug 2008A2008‑14 amendments by A2008‑14 R56
27 Aug 200827 Aug 2008–
1 Feb 2009A2008‑29 amendments by A2008‑29 R57
2 Feb 20092 Feb 2009–
13 Feb 2009A2008‑46 amendments by A2008‑36 R58
14 Feb 200914 Feb 2009–
26 Feb 2009A2008‑46 amendments by A2008‑26 R59
27 Feb 200927 Feb 2009–
29 Mar 2009A2008‑46 amendments by A2008‑19 and A2008‑20 R60
30 Mar 200930 Mar 2009–
29 May 2009A2008‑46 amendments by A2008‑46 R61
30 May 200930 May 2009–
5 June 2009SL2009‑21 amendments by A2008‑44 and modifications by SL2009‑21 R62
6 June 20096 June 2009–
3 Sept 2009SL2009‑27 modifications by SL2008‑42 as amended by SL2009‑27 R63
4 Sept 20094 Sept 2009–
30 Sept 2009A2009‑24 amendments by A2009‑24 R64
1 Oct 20091 Oct 2009–
13 Dec 2009A2009‑32 amendments by A2009‑28 R65
14 Dec 200914 Dec 2009–
30 May 2010A2009‑32 amendments by A2009‑32 R66
31 May 201031 May 2010–
30 June 2010A2010‑10 commenced expiry R67
1 July 20101 July 2010–
8 July 2010A2010‑10 amendments by A2010‑10 R68*
9 July 20109 July 2010–
30 Nov 2010A2010‑25 amendments by A2010‑25 R69
1 Dec 20101 Dec 2010–
20 Dec 2010A2010‑47 amendments by A2010‑43 and A2010‑47 R70
21 Dec 201021 Dec 2010–
16 Mar 2011A2010‑50 amendments by A2010‑50 R71
17 Mar 201117 Mar 2011–
12 May 2011A2011‑7 amendments by A2011‑7 R72
13 May 201113 May 2011–
30 June 2011A2011‑15 amendments by A2011‑15 R73
1 July 20111 July 2011–
6 July 2011A2011‑22 amendments by A2011‑22 R74
7 July 20117 July 2011–
24 July 2011A2011‑22 amendments by A2011‑20 R75
25 July 201125 July 2011–
23 Nov 2011A2011‑22 amendments by A2011‑13 R76
24 Nov 201124 Nov 2011–
11 Dec 2011A2011‑50 amendments by A2011‑50 R77
12 Dec 201112 Dec 2011–
31 Dec 2011A2011‑52 amendments by A2011‑52 R78*
1 Jan 20121 Jan 2012–
29 Feb 2012A2011‑55 amendments by A2011‑55 R79
1 Mar 20121 Mar 2012–
25 July 2012A2011‑55 amendments by A2011‑48 R80
26 July 201226 July 2012–
10 Sept 2012A2011‑55 expiry of transitional provision (pt 31) R81
11 Sept 201211 Sept 2012–
3 Apr 2013A2012‑40 amendments by A2012‑40 R82
4 Apr 20134 Apr 2013–
23 Apr 2013A2013‑11 amendments by A2013-11 R83
24 Apr 201324 Apr 2013–
30 June 2013A2013‑12 amendments by A2013-12 R84*
1 July 20131 July 2013–
6 Nov 2013A2013‑12 amendments by A2013‑3 R85
7 Nov 2013never effective A2013‑39 (never effective) amendments by A2013‑39 R85 (RI)
24 Feb 20147 Nov 2013–
9 Dec 2013A2013-39 (never effective) reissue because of High Court decision in relation to A2013-39 R86
10 Dec 2013never effective A2013‑50 amendments by A2013‑50 R86 (RI)
24 Feb 201410 Dec 2013–
25 July 2014A2013‑50 reissue because of High Court decision in relation to A2013-39 R87
26 July 201426 July 2014–
28 July 2014A2013‑50 expiry of provision (s 374 (9), (10)) R88
29 July 201429 July 2014–
6 Aug 2014A2013‑50 modifications by SL2014-16 R89
7 Aug 20147 Aug 2014–
7 Aug 2014A2014‑40 amendments by A2014‑40 R90
8 Aug 20148 Aug 2014–
19 Nov 2014A2014‑40 expiry of transitional provisions (pt 32) R91
20 Nov 201420 Nov 2014–
2 Mar 2015A2014‑40 amendments by A2014-14 R92
3 Mar 20153 Mar 2015–
21 Aug 2015A2015‑3 amendments by A2015‑3 R93
22 Aug 201522 Aug 2015–
1 Oct 2015A2015-30 amendments by A2015-30 R94
2 Oct 20152 Oct 2015–
7 Oct 2015A2015‑36 amendments by A2015‑35 and A2015‑36 R95
8 Oct 20158 Oct 2015–
4 Nov 2015A2015‑36 updated endnotes as amended by A2015‑38 R96
5 Nov 20155 Nov 2015–
30 Nov 2015A2015-40 amendmens by A2015-40 R97
1 Dec 20151 Dec 2015–
8 Dec 2015A2015-40 amendments by A2015-29 R98
9 Dec 20159 Dec 2015–
24 Feb 2016A2015-50 amendments by A2015-50 R99
25 Feb 201625 Feb 2016–
29 Feb 2016A2016-3 amendments by A2016-3 R100
1 Mar 20161 Mar 2016–
1 Mar 2016A2016-3 amendments by A2014-51 and A2015-38 R101
2 Mar 20162 Mar 2016–
31 Mar 2016A2016-4 amendments by A2016-4 R102
1 Apr 20161 Apr 2016–
20 June 2016A2016‑13 amendments by A2016‑13 R103
21 June 201621 June 2016–
22 June 2016A2016‑33 amendments by A2016‑33 R104
23 June 201623 June 2016–
28 June 2016A2016‑36 amendments by A2016‑36 R105
29 June 201629 June 2016–
23 Aug 2016A2016‑37 amendments by A2016‑37 R106
24 Aug 201624 Aug 2016–
31 Aug 2016A2016‑48 amendments by A2016‑48 R107
1 Sept 20161 Sept 2016–
30 Apr 2017A2016‑52 amendments by A2016‑52 R108
1 May 20171 May 2017–
14 Aug 2017A2017-10 amendments by A2016-42 and A2017-10 R109
15 Aug 201715 Aug 2017–
29 Aug 2017A2017‑21 amendments by A2017‑21 R110
30 Aug 201730 Aug 2017–
28 Sept 2017A2017‑22 amendments by A2017‑22 R111
29 Sept 201729 Sept 2017–
15 Nov 2017A2017‑31 amendments by A2017‑31 R112
16 Nov 201716 Nov 2017–
7 Dec 2017A2017‑38 amendments by A2017‑38 R113
8 Dec 20178 Dec 2017–
1 Mar 2018A2017-45 amendments by A2017-45 R114
2 Mar 20182 Mar 2018–
6 Mar 2018A2018‑6 amendments by A2018‑6 R115
7 Mar 20187 Mar 2018–
24 Apr 2018A2018‑6 amendments by A2017-45 R116
25 Apr 201825 Apr 2018–
31 Aug 2018A2018‑12 amendments by A2018‑12 R117
1 Sept 20181 Sept 2018–
22 Oct 2018A2018‑12 amendments by A2018-5 R118
23 Oct 201823 Oct 2018–
7 Nov 2018A2018‑33 amendments by A2018‑33 R119
8 Nov 20188 Nov 2018–
8 Nov 2018A2018‑40 amendments by A2018‑40 R120
9 Nov 20189 Nov 2018–
4 Dec 2018A2018‑43 amendments by A2018‑43 R121
5 Dec 20185 Dec 2018–
14 Aug 2019A2018‑46 amendments by A2018‑46 R122
15 Aug 201915 Aug 2019–
31 Aug 2019A2019‑23 amendments by A2019‑23 R123
1 Sept 20191 Sept 2019–
9 Oct 2019A2019‑23 amendments by A2019‑6 R124
10 Oct 201910 Oct 2019–
6 Dec 2019A2019‑32 amendments by A2019‑32 R125
7 Dec 20197 Dec 2019–
13 May 2020A2019‑43 amendments by A2019‑43 R126
14 May 202014 May 2020–
9 June 2020A2020‑14 amendments by A2020‑14 R127
10 June 202010 June 2020–
1 July 2020A2020‑18 amendments by A2020‑18 R128
2 July 20202 July 2020–
31 Aug 2020A2020‑18 expiry of modifications by SL2014-16 R129
1 Sept 20201 Sept 2020–
19 Feb 2021A2020-31 amendments by A2020-31 R130
20 Feb 202120 Feb 2021–
25 Feb 2021A2021-1 amendments by A2021-1 R131
26 Feb 202126 Feb 2021–
7 Mar 2021A2021‑3 amendments by A2021‑3 R132
8 Mar 20218 Mar 2021–
19 Apr 2021A2021‑3 expiry of provision (s 210M) R133
20 Apr 202120 Apr 2021–
13 Oct 2021A2021‑3 amendments by A2020-41 R134
14 Oct 202114 Oct 2021–
10 Nov 2021A2021‑24 amendments by A2021-23 and A2021‑24 R135
11 Nov 202111 Nov 2021–
11 May 2022A2021‑24 amendments by A2021-19 R136
12 May 202212 May 2022–
16 Aug 2022A2022‑7 amendments by A2022‑7 R137
17 Aug 202217 Aug 2022–
1 Sept 2022A2022‑13 amendments by A2022‑13 R138
2 Sept 20222 Sept 2022–
19 Dec 2022A2022‑13 expiry of provision (s 442A) R139
20 Dec 202220 Dec 2022–
23 May 2023A2022‑13 amendments by A2022-10 R140
24 May 202324 May 2023–
10 June 2023A2023‑15 amendments by A2023‑15 R141
11 June 202311 June 2023–
12 Sept 2023A2023‑15 expiry of provision (s 442B) R142
13 Sept 202313 Sept 2023–
29 Sept 2023A2023‑33 amendments by A2023‑33 R143
30 Sept 202330 Sept 2023–
21 Nov 2023A2023‑37 amendments by A2023‑37 R144
22 Nov 202322 Nov 2023–
20 Apr 2024A2023‑45 amendments by A2023‑45 R145
21 Apr 202421 Apr 2024–
25 Apr 2024A2023‑45 expiry of provision (s 442C) R146
26 Apr 202426 Apr 2024–
10 July 2024A2024‑16 amendments by
A2024-12 and A2024‑16R147
11 July 202411 July 2024–
18 Sept 2024A2024‑33 amendments by A2024‑33 R148
19 Sept 202419 Sept 2024–
18 Oct 2024A2024‑40 amendments by A2024‑40 R149
19 Oct 202419 Oct 2024–
7 Dec 2024A2024‑49 amendments by A2024‑49 R150
8 Dec 20248 Dec 2024–
20 Mar 2025A2024‑49 expiry of provision (s 35AB) R151
21 Mar 202521 Mar 2025–
12 May 2025A2025‑3 amendments by A2025‑3 R152
13 May 202513 May 2025–
30 June 2025A2025‑3 expiry of provision (s 442D) R153
1 July 20251 July 2025–
30 June 2025A2025‑9 amendments by A2023‑45 and A2025‑9
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
Renumbered provisions
This Act was renumbered under the Legislation Act 2001, in R9 (see Crimes Legislation Amendment Act 2001 A2001-63 pt 4). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R9.
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