Crimes Act 1958 (Vic)

Version No. 314

Crimes Act 1958

No. 6231 of 1958

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeals and savings

2ADefinitions

2BOffences under this Act deemed to be indictable offences

Part I—Offences

Division 1—Offences against the person

(1) Homicide

3Punishment for murder

3AUnintentional killing in the course or furtherance of a crime of violence

3BProvocation no longer a partial defence to murder

4AManslaughter—single punch or strike taken to be dangerous act

5Punishment of manslaughter

5AChild homicide

5BHomicide by firearm

5CRelationship between manslaughter, child homicide and homicide by firearm

6Infanticide

6ASuicide no longer a crime

6BSurvivor of suicide pact who kills deceased party is guilty of manslaughter

8Petit treason

9Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria

9AAAbolition of year-and-a-day rule

(1A) Treasonable offences

9ATreason

(4) Offences against the person

15Definitions

15ACausing serious injury intentionally in circumstances of gross violence

15BCausing serious injury recklessly in circumstances of gross violence

15COther offenders need not be prosecuted

16Causing serious injury intentionally

17Causing serious injury recklessly

18Causing injury intentionally or recklessly

19Offence to administer certain substances

20Threats to kill

21Threats to inflict serious injury

21AStalking

22Conduct endangering life

23Conduct endangering persons

24Negligently causing serious injury

25Setting traps etc. to kill

26Setting traps etc. to cause serious injury

27Extortion with threat to kill

28Extortion with threat to destroy property etc.

29Using firearm to resist arrest etc.

30Threatening injury to prevent arrest

31Assaults

31AUse of firearms in the commission of offences

31BBeing armed with criminal intent

31CDischarging a firearm reckless to safety of a police officer or a protective services officer

31DIntimidation of a law enforcement officer or a family member of a law enforcement officer

32Offence to perform female genital mutilation

33Offence to take a person from the State with the intention of having prohibited female genital mutilation performed

34Consent not a defence to a charge under sections 32 or 33

34AExceptions to offences under section 32

(4A)                  Non-fatal strangulation

34ABDefinitions

34ACGuiding principles

34ADNon-fatal strangulation intentionally causing injury

34AENon-fatal strangulation

34AFSexual activity and consent defence to offence of non-fatal strangulation

34AGSexual activity and consent defence—meaning of consent

34AHSexual activity and consent defence—circumstances in which a person does not consent

34AISexual activity and consent defence—reasonable belief in consent

34AJSexual activity and consent defence—effect of intoxication on standard to be applied in determining reasonable belief

34AKNo defence of mistaken but honest and reasonable belief regarding relationship

34ALReview of amendments made by Crimes Amendment (Non-fatal Strangulation) Act 2023

(5) Corpses

34BSexual activity with the corpse of a human being

34BARemoval of body parts from the corpse of a human being

34BBOffensive conduct involving human remains

34BCLocation of corpse or human remains immaterial

34BDExceptions

34BENo defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive

(8) Sexual offences (general provisions)

35Definitions

35ASexual penetration

35BTouching

35CTaking part in a sexual act

35DSexual activity

36Consent

36AACircumstances in which a person does not consent

36AReasonable belief in consent

36BEffect of intoxication on standard to be applied in determining reasonable belief

37Care, supervision or authority

37AObjectives of Subdivisions (8A) to (8G)

37BGuiding principles

(8A) Rape, sexual assault and associated sexual offences

38Rape

39Rape by compelling sexual penetration

40Sexual assault

41Sexual assault by compelling sexual touching

42Assault with intent to commit a sexual offence

43Threat to commit a sexual offence

44Procuring sexual act by threat

45Procuring sexual act by fraud

46Administration of an intoxicating substance for a sexual purpose

47Abduction or detention for a sexual purpose

48Sexual activity directed at another person

48AExceptions—medical, hygienic, veterinary, agricultural or scientific purposes

48BNo defence of mistaken but honest and reasonable belief that touching or activity was not sexual

(8B) Sexual offences against children

49ASexual penetration of a child under the age of 12

49BSexual penetration of a child under the age of 16

49CSexual penetration of a child aged 16 or 17 under care, supervision or authority

49DSexual assault of a child under the age of 16

49ESexual assault of a child aged 16 or 17 under care, supervision or authority

49FSexual activity in the presence of a child under the age of 16

49GSexual activity in the presence of a child aged 16 or 17 under care, supervision or authority

49HCausing a child under the age of 16 to be present during sexual activity

49ICausing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity

49JPersistent sexual abuse of a child under the age of 16

49KEncouraging a child under the age of 16 to engage in, or be involved in, sexual activity

49LEncouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity

49MGrooming for sexual conduct with a child under the age of 16

49NLoitering near schools etc. by sexual offender

49OFailure by a person in authority to protect a child from a sexual offence

49PAbduction or detention of a child under the age of 16 for a sexual purpose

49QCausing or allowing a sexual performance involving a child

49RInviting or offering a sexual performance involving a child

49SFacilitating a sexual offence against a child

49TException to sexual penetration offences—medical or hygienic purposes

49UExceptions to offences against children under 16—similarity in age

49VDefence to offence against a child under 16—similarity in age

49WDefences to offences against children under 16—reasonable belief as to age

49XDefences to offences against children aged 16 or 17 or under 18—reasonable belief as to age

49YExceptions to offences against children aged 16 or 17—marriage or domestic partnership

49ZDefences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership

49ZADefences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority

49ZBException to loitering offence

49ZCNo defence of mistaken but honest and reasonable belief of certain matters

(8C) Incest

50ADefinitions

50BRebuttable presumption as to family relationship

50CSexual penetration of a child or lineal descendant

50DSexual penetration of a step-child

50ESexual penetration of a parent, lineal ancestor or step-parent

50FSexual penetration of a sibling or half‑sibling

50GException—medical or hygienic purposes

50HDefence—accused did not consent

50IException to offences against section 50D

50JExceptions to offences against section 50E

50KConsent not a defence

(8D) Child abuse material

51ADefinitions

51BInvolving a child in the production of child abuse material

51CProducing child abuse material

51DDistributing child abuse material

51EAdministering a website used to deal with child abuse material

51FEncouraging use of a website to deal with child abuse material

51GPossession of child abuse material

51HAccessing child abuse material

51IAssisting a person to avoid apprehension

51JException—administration of the law

51KException—classification

51LDefence of artistic merit or public benefit

51MExceptions applying to children

51NDefence applying to children

51ODefence—image of oneself

51PDefence—accused not more than 2 years older than 16 or 17 year old child and acts with child's consent

51QDefence—marriage or domestic partnership

51RDefence—reasonable belief in marriage or domestic partnership

51SDefence—reasonable steps to prevent use of a website for child abuse material

51TDefence—unsolicited possession

51UNo defence of mistaken but honest and reasonable belief that child abuse material not offensive

51VUse of random sample evidence in child abuse material cases

51WApplication for child abuse material disposal order

51XChild abuse material disposal order

51YDisposal of thing or material by consent

(8E) Sexual offences against persons with a cognitive impairment or mental illness

52ADefinitions

52BSexual penetration of a person with a cognitive impairment or mental illness

52CSexual assault of a person with a cognitive impairment or mental illness

52DSexual activity in the presence of a person with a cognitive impairment or mental illness

52ECausing a person with a cognitive impairment or mental illness to be present during sexual activity

52FExceptions to sexual penetration offence—medical, hygienic, veterinary, agricultural or scientific purposes

52GException—marriage or domestic partnership

52HDefence—reasonable belief in marriage or domestic partnership

52IDefence—reasonable belief a person does not have a cognitive impairment or mental illness

52JDefence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness

52KNo defence of mistaken but honest and reasonable belief of certain matters

(8F) Sexual servitude

53ADefinitions

53BUsing force, threat etc. to cause another person to provide commercial sexual services

53CCausing another person to provide commercial sexual services in circumstances involving sexual servitude

53DConducting a business in circumstances involving sexual servitude

53EAggravated sexual servitude

53FDeceptive recruiting for commercial sexual services

53GAggravated deceptive recruiting for commercial sexual services

(8FAA) Commercial sexual services

53HCausing or inducing a child to take part in commercial sexual services

53IObtaining a commercial benefit, payment or reward for commercial sexual services provided by a child

53JAgreement for provision of commercial sexual services by a child

53KAllowing a child to take part in commercial sexual services

53LForcing a person into or to remain in commercial sexual service

53MForcing a person to provide financial support out of commercial sexual services

53NLiving on the earnings of a person providing unlawful commercial sexual services

(8FAAB) Producing, distributing or threatening to distribute intimate images

53ODefinitions

53PMeaning of consent

53QCircumstances in which a person does not consent

53RProducing intimate image

53SDistributing intimate image

53TThreat to distribute intimate image

53UCommunity standards of acceptable conduct

53VNo defence of honest and reasonable mistake

53WConsent of Director of Public Prosecutions required if accused is under 16 years of age

53XApplication for intimate image disposal order

53YNotice of application for intimate image disposal order and entitlement to appear

53ZIntimate image disposal order

53ZAAppeal against intimate image disposal order

53ZBDisposal of thing or material by consent

(8FA) Other sexual offences

54ABestiality

54BException—veterinary, agricultural or scientific research

54CAbolition of common law offence of wilful exposure

(8G) Abrogation of obsolete rules of law

62Abrogation of obsolete rules of law

(9) Child stealing

63Child stealing

(9A) Kidnapping

63AKidnapping

(10) Bigamy

64Bigamy

(11) Attempts to procure abortion

65Abortion performed by unqualified person

66Abortion—Abolition of common law offences

(12) Concealing the birth of a child

67Concealing birth of a child

Division 1A—Piracy

70APiracy with violence

70BPiratical acts

70CTrading etc. with pirates

70DBeing found on board piratical vessel and unable to prove non‑complicity

Division 2—Theft and similar or associated offences

71Definitions

72Basic definition of theft

73Further explanation of theft

Theft, robbery, burglary, &c.

74Theft

74AATheft of firearm

75Robbery

75AArmed robbery

76Burglary

77Aggravated burglary

77AHome invasion

77BAggravated home invasion

77CAlternative verdict for charge of aggravated home invasion

78Removal of articles from places open to the public

79Carjacking

79AAggravated carjacking

80Unlawfully taking control of an aircraft

Fraud and blackmail

80AExtra-territorial offences

81Obtaining property by deception

82Obtaining financial advantage by deception

83False accounting

83AFalsification of documents

83BAbolition of common law offences of forgery and uttering

84Liability of company officers for certain offences by company

85False statements by company directors etc.

86Suppression etc. of documents

87Blackmail

Offences relating to goods stolen, &c.

88Handling stolen goods

88AAlternative charges of theft and handling stolen goods

89Advertising rewards for return of goods stolen or lost

90Scope of offences relating to stolen goods

Possession of housebreaking implements, &c.

91Going equipped for stealing etc.

92Search for stolen goods

93Procedure and evidence

General and consequential provisions

95Husband and wife

Secret commissions prohibition

175Definitions

176Receipt or solicitation of secret commission by an agent an indictable offence

177Secret gifts to parent, wife, child, partner etc. of agent deemed gifts to agent

178Giving or receiving false or misleading receipt or account an indictable offence

179Gift or receipt of secret commission in return for advice given

180Corrupt inducement or reward for replacement of trustee

181Aiding and abetting offences within or outside Victoria

182Liability of directors etc. acting without authority

184Protection of witness giving answers criminating himself

185Stay of proceedings against such witness

186Custom of itself no defence

Fraudulently inducing persons to invest

191Fraudulently inducing persons to invest money

Division 2AA—Identity crime

192ADefinitions

192BMaking, using or supplying identification information

192CPossession of identification information

192DPossession of equipment used to make etc. identification documentation

192ENot an offence to attempt to commit an identity crime offence

Division 2A—Money laundering etc.

193Definitions

194Dealing with proceeds of crime

195Dealing with property suspected of being proceeds of crime

195ADealing with property which subsequently becomes an instrument of crime

Division 2B—Cheating at gambling

195BInterpretation

195CEngaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency

195DFacilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency

195EConcealing conduct, agreement or arrangement

195FUse of corrupt conduct information for betting purposes

Division 2C—Offences against public order and grossly offensive public conduct

195GAbolition of certain common law offences against public order

195HAffray

195IViolent disorder

195JAbolition of common law offence of outraging public decency

195KGrossly offensive public conduct

195LConsent of Director of Public Prosecutions required

Division 2D—Serious vilification

195MDefinitions

195NIncitement on ground of protected attribute

195OThreaten physical harm or property damage on ground of protected attribute

195PIrrelevant whether incorrect about protected attribute

195QProsecution of offences

195RCriminal liability of officers of bodies corporate—accessorial liability

Division 2E—Performance crime

195SDefinitions

195TMeaning of publish

195UMeaning of relevant offence

195VPublishing material about the commission of a relevant offence

195WIssue of search warrant by magistrate in respect of performance crime offence

Division 3—Criminal damage to property

(1) General offences and procedural provisions

196Definition

197Destroying or damaging property

197AArson causing death

198Threats to destroy or damage property

199Possessing anything with intent to destroy or damage property

201Lawful excuse

201AIntentionally or recklessly causing a bushfire

202Jurisdiction of magistrates' courts

(2) Injuries to buildings &c. by rioters and forcible entries and detainers

206Rioters demolishing buildings

207Forcible entry

(3) Interference with mines, sea banks &c., railways and navigation aids

225Conveying water into a mine

228Removing etc. piles of sea banks

232Placing things on railways to obstruct or overturn engine etc.

233Obstructing engine, carriage etc. on railway

244Altering signals or exhibiting false ones

245Removing buoy etc.

(4) Injuries to aircraft

246AEndangering safe operation of an aircraft

246BSetting fire etc. to aircraft

246CEndangering safety of aircraft

246DDangerous goods on aircraft

246EThreats to safety of aircraft

(5) False statements

247False statements

(6) Computer offences

247AInterpretation

247BUnauthorised access, modification or impairment with intent to commit serious offence

247CUnauthorised modification of data to cause impairment

247DUnauthorised impairment of electronic communication

247EPossession of data with intent to commit serious computer offence

247FProducing, supplying or obtaining data with intent to commit serious computer offence

247GUnauthorised access to or modification of restricted data

247HUnauthorised impairment of data held in computer disk, credit card or other device

247IExtra-territorial operation of offences

(7) Sabotage

247JInterpretation

247KSabotage

247LThreats to sabotage

Division 4—Contamination of goods

248Interpretation

249Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss

250Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss

251Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss

252Territorial nexus for offences

Division 5—Destruction of evidence

253Definitions

254Destruction of evidence

255Corporate criminal responsibility for offence against section 254

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

256Interpretation

257Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding

Division 6—Perjury

314Perjury

315All evidence material with respect to perjury

Division 7—Unlawful oaths

316Unlawful oaths to commit treason, murder etc.

Division 8—Offences connected with explosive substances

317Offences connected with explosive substances

317ABomb hoaxes

Division 8A—Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles

317ABInterpretation

317ACIntentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving

317ADAggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving

317AERecklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving

317AFAggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving

317AGDamaging an emergency service vehicle

Division 9—Driving offences connected with motor vehicles

317BInterpretation

318Culpable driving causing death

319Dangerous driving causing death or serious injury

319AADangerous or negligent driving while pursued by police

Division 9AA—Offences connected with dangerous, menacing and restricted breed dogs and related court powers

Subdivision 1—Offences

319ADefinitions

319BFailure to control dangerous, menacing or restricted breed dog that kills person

319CRecklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death

Subdivision 2—Disqualification of person from owning or being in charge or control of a dog

319DCourt may disqualify person from owning or being in charge or control of a dog

319ESearch warrant for failure to comply with court order

319FCertain sections of the Domestic Animals Act 1994 apply to search warrant under this section

319GOrder under section 319D may be suspended

319HPerson subject to order under section 319D may apply for variation, suspension or revocation of order

319IPower of court to vary etc. order under section 319D

319JPerson may not make another application for variation, suspension or revocation of order for 12 months

319KOrders under section 319D are to operate consecutively

319LPerson must comply with order under section 319D

Division 9A—Penalties for certain common law offences

320Maximum term of imprisonment for certain common law offences

320AMaximum term of imprisonment for common assault in certain circumstances

Division 10—Conspiracy

321Conspiracy to commit an offence

321AAAgreement with child who may not be criminally responsible

321AAgreements to commit offences outside Victoria

321BAs to consequences of acquittal of co-conspirators

321CPenalties for conspiracy

321DApplication of certain provisions

321ELimitations on prosecution

321FAbolition of certain offences of conspiracy at common law

Division 11—Incitement

321GIncitement

321GAIncitement of child who may not be criminally responsible

321HIncitement to commit offences outside Victoria

321IPenalties for incitement

321JApplication of certain provisions

321KLimitations on prosecution

321LIncitement at common law abolished

Division 11A—Recruiting a child to engage in criminal activity

321LADefinitions

321LBRecruiting a child to engage in criminal activity

321LCChild need not engage in conduct or be prosecuted or found guilty of an offence

321LDLimitation on prosecution

Division 12—Attempts

321MAttempt

321NConduct constituting attempt

321OAttempts to commit offence outside Victoria

321PPenalties for attempt

321QLimitations on prosecution

321RApplication of Division

321SAbolition of attempt at common law

Part IA—Abolition of obsolete offences

322AMaintenance and certain other offences abolished

Part IB—Abolition of historical classifications

322BAbolition of distinctions between felony and misdemeanour

322CNomenclature

322DTransitional provisions

322ETreason and misprision of treason not affected

322FOther enactments not affected

Part IC—Self-defence, duress, sudden or extraordinary emergency and intoxication

Division 1—General

322GApplication of Part

322HDefinitions

322IOnus of proof

322JEvidence of family violence

Division 2—Self-defence

322KSelf-defence

322LSelf-defence does not apply to a response to lawful conduct

322MFamily violence and self-defence

322NAbolition of self-defence at common law

Division 3—Duress

322ODuress

322PFamily violence and duress

322QAbolition of duress at common law

Division 4—Sudden or extraordinary emergency

322RSudden or extraordinary emergency

322SAbolition of necessity at common law

Division 5—Intoxication

322TIntoxication

Part II—Offenders

Division 1—Abettors, accessories and concealers of offences

(1) Complicity in commission of offences

323Interpretation

324Person involved in commission of offence taken to have committed the offence

324AOther offenders need not be prosecuted or found guilty

324ABComplicity with child who may not be criminally responsible

324BOffender's role need not be determined

324CAbolition of certain aspects of complicity at common law

(3) Accessories

325Accessories

(4) Concealers of offences

326Concealing offences for benefit

327Failure to disclose sexual offence committed against child under the age of 16 years

328Protection of those who disclose under section 327

329Evidence and legal proceedings

330Confidentiality

Division 3—Criminal liability of married persons

336Marital coercion

337Misprision

338Accessory after the fact

339Conspiracy and incitement

Part IIA—Extra-territorial offences

340Definitions

341Issue of search warrant

342Authority conferred by and other incidents of a search warrant

343Obstruction

344Ministerial arrangements for transmission and return of seized objects

345Regulations

Part III—Procedure and punishment

Division 1—Pleading procedure, proof &c.

(14) Evidence. Depositions. Subpoenas and warrants against witnesses

404Proof of marriage on trial for bigamy

405Meaning of term official record

(19) Verdicts. Attempts, &c.

420AWhere person charged with unlawful publication of defamatory matter

421Alternative verdicts on charge of murder

422Alternative verdict on charge of causing serious injury in circumstances of gross violence

422AAlternative verdict for certain charges relating to driving

426Alternative verdict for identity crime offences

427Alternative verdict for destroying property charges

428Alternative verdict for charges of unauthorised modification of data to cause impairment

429Alternative verdict for charges of unauthorised impairment of electronic communication

435Alternative verdict for charges relating to riots

(29A) Giving name and address on demand

456AARequirement to give name and address

(30) Apprehension of offenders

457No person to be arrested without warrant except under this Act etc.

458Person found committing offences may be arrested without warrant by any person

459Powers of police officer or protective services officer to apprehend offenders

459AEntry and search of premises

461Arrest on reasonable grounds not to be taken to be unlawful

462Definition of finds committing

462AUse of force to prevent the commission of an indictable offence

463AArrest of offenders on board aircraft

463BPrevention of suicide

(30A) Custody and investigation

464Definitions

464AADigital recordings

464AABInvestigating official to ask whether person in custody is an Aboriginal or Torres Strait Islander person

464ADetention of person in custody

464BQuestioning or investigation of person already held for another matter

464CRight to communicate with friend, relative and legal practitioner

464DRight to an interpreter

464EPersons under 18 years

464FRight of foreign national to communicate with consular office

464FAVictorian Aboriginal Legal Service to be notified if Aboriginal person or Torres Strait Islander taken into custody

464GRecording of information required to be given to person in custody

464HRecording of confessions and admissions

464INo power to detain person not under arrest

464JRight to remain silent etc. not affected

464JAOffences in relation to recordings

464JBCourt may give directions in relation to a recording

464JCRetention of copy of recording

464JDUse of recordings for training, teaching or testing purposes

Fingerprinting

464KFingerprinting of adults and children aged 15 or above

464LFingerprinting of children aged 14 or under

464MChildren's Court may order fingerprinting

464NTaking of fingerprints

464NAFingerscanning for identification purposes

464NBOther purposes for the use or disclosure of fingerprint information

464ODestruction of records

464PRecords of juvenile

464QEvidence of fingerprints

Forensic procedures and DNA profile samples

464RForensic procedure on adult

464SInformed consent

464SASenior police officer may authorise non-intimate compulsory procedure for certain adults

464SBMaking or refusing authorisation

464SCDNA profile sample from DNA person

464SDInformed consent—DNA person and their parent or guardian

464SESenior police officer may authorise the taking of a DNA profile sample from DNA person

464SFMaking or refusing authorisation—DNA profile sample

464TCourt may order compulsory procedure

464UForensic procedure on child

464VInterim orders

464WApplication by audio link or audio visual link for interim order

464XWarrants

464YCaution before forensic procedure or taking of a DNA profile sample

464ZProcedure for taking samples etc.

464ZAExecution of authorisation, direction or order

464ZBAnalysis of samples

464ZCAnalysis of material found at scene of offence etc.

464ZDForensic reports to be made available

464ZEEvidence relating to forensic procedures or DNA profile samples

464ZFForensic procedure following the commission of forensic sample offence

464ZFAAAForensic procedure following finding of not guilty because of mental impairment

464ZFAANotice to attend for forensic procedure

464ZFABDNA profile sample from registrable offenders under the Sex Offenders Registration Act 2004

464ZFACSenior police officer authorisation—to take DNA profile sample from certain adults

464ZFADNotice to attend—to take DNA profile sample from certain adults

464ZFAESenior police officer may authorise taking a DNA profile sample from certain adults and children who have previously provided a sample

464ZFAWarrants issued for forensic procedures under section 464ZF or 464ZFAAA

464ZFBRetention of information following finding of guilt etc.

464ZFCDestruction of information following finding of guilt etc.

464ZFDVictorian DNA database

464ZFEReport to Attorney-General

464ZGDestruction of identifying information

464ZGAForensic information from juveniles

464ZGBSamples given voluntarily

464ZGCWithdrawal of consent prior to giving sample

464ZGDProcedure to take sample

464ZGESafeguards after giving sample

464ZGFApplication to court where consent to retention of sample withdrawn

464ZGFAVoluntary samples given by police or VIFM personnel

464ZGFBDestruction of samples given by police and VIFM personnel and storage of DNA information

Destruction of identifying information for children under 12 years of age

464ZGFCDestruction of fingerprints for children under 12 years of age

464ZGFDDestruction of samples and other identifying information for children under 12 years of age

DNA database systems

464ZGGSupply of forensic material for purposes of DNA database

464ZGHUse of information on Victorian DNA database

464ZGIPermissible matching of DNA profiles

464ZGJRecording, retention and removal of identifying information on DNA database

464ZGKDisclosure of Victorian information

Inter-jurisdictional enforcement

464ZGLRegistration of orders

464ZGMCarrying out of registered orders

464ZGNArrangements for transmission of information on DNA database

464ZGOTaking, retention and use of forensic material authorised by laws of other jurisdictions

General

464ZHImmunity of medical practitioners, nurses, midwives, dentists and other persons

464ZISupreme Court—limitation of jurisdiction

464ZJRegulations

464ZKOperation of other Acts

464ZLValidation of certain orders

464ZLAValidation of sample taken in accordance with section 464ZFAB

Oversight by IBAC

464ZMFunctions of IBAC

464ZNChief Commissioner of Police to report to IBAC

464ZOInspection of records by authorised officers

464ZPIBAC to report to the Attorney-General

464ZQRecommendations

464ZRAttorney-General may make a complaint to the IBAC

464ZSImmunity of the IBAC and sworn IBAC Officers

(31) Search warrants for and seizure of things

464ZTDefinitions

465Issue of search warrant by magistrate

465AAAAPowers relating to receptacles

465AAAABPolice may use assistants and equipment

465AAAACPolice officer may arrange for expert to operate electronic equipment at premises being searched

465AAAADApplication for extension of time to allow expert to finish operating equipment

465AAAAEDetermination of application for extension of time to allow expert to finish operating equipment

465AAAAFWarrant authorises a police officer to access data held in or accessible from a computer or data storage device

465AAAWarrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or computer network

465AAPower to require assistance from person with knowledge of a computer or computer network

465AABInforming a person about a report relating to the execution of a warrant

465AACReport to the Magistrates' Court after executing search warrant

465AADThe Magistrates' Court may summon a police officer to give evidence about a report

465AAEApplication to inspect a report

465ANotice that seized thing is being held for purposes of Confiscation Act 1997

465BApplication for tainted property to be held or retained

465CCourt may make direction

465DNotice of direction under section 465C

465EEffect of directions under sections 465(1B) and 465C

465FDisplay of seized things

466Justice may issue warrant to search for gunpowder

469AASeizure and destruction of documents containing libel

469APower of persons to search aircraft

(32) Search warrants for women and girls

470Power of search when female unlawfully detained for immoral purposes

Division 2—Punishment

(1) Sentences for offences

476BYoung person sentenced to life imprisonment

479ARescuing of prisoner from lawful custody

479BAiding a prisoner in escaping

479CEscape and related offences

(3) Execution of sentences

493Sentences of imprisonment etc. to be carried out according to law relating to prisons

Division 3—Regulations

505ARegulations

Part IV—Probation and parole provisions

506Definitions

Division 1—Probation

(1) Probation officers

507Probation officers

Division 3—Regulations

542Regulations

Part V—Property of persons convicted of treason or an indictable offence. Orders as to costs

545Persons convicted of treason or indictable offence may pay costs

547Definition of forfeiture and convict

548When convict shall cease to be subject to operation of this Part

562Execution of judgments against convict provided for

563Proceedings to recover property of convict from third person

564Third person etc. accountable to convict when property reverts

565Saving of general law as to indictable offence

Part 7—General

585Supreme Court—limitation of jurisdiction

585AAARegulations

585AATransitional provisions—(Crimes (Theft) Act 1973)

585ABTransitional provisions—(Crimes (Criminal Damage) Act 1978)

585ACTransitional provisions—(Crimes (Classification of Offences) Act 1981)

585ADTransitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)

585AETransitional provisions—(Crimes (Custody and Investigation) Act 1988)

585AFTransitional provisions—(Crimes (Fingerprinting) Act 1988)

585ATransitional provisions—(Crimes (Sexual Offences) Act 1991)

585BTransitional provisions—(Crimes (Amendment) Act 1993)

585CTransitional provisions—(Miscellaneous Acts (Omnibus Amendments) Act 1996)

585DTransitional provisions—(Sentencing and Other Acts (Amendment) Act 1997)

586Transitional provisions (Sentencing (Amendment) Act 1997)

587Transitional provisions (Crimes (Amendment) Act 1997—Part 2)

588Transitional provisions (Crimes (Amendment) Act 1997—Part 3)

589Transitional provisions (Crimes (Amendment) Act 1997—Part 4)

590Transitional provision—Crimes, Confiscation and Evidence Acts (Amendment) Act 1998

591Transitional provision—Crimes (Amendment) Act 1998

592Transitional provisions—Magistrates' Court (Amendment) Act 1999

593Transitional provisions—Crimes (Amendment) Act 2000

593ATransitional provision—Crimes (Questioning of Suspects) Act 2000

594Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000

596Transitional provisions—Crimes (DNA Database) Act 2002

597Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003

598Transitional provision—Crimes (Stalking) Act 2003

599Transitional provision—Crimes (Money Laundering) Act 2003

600Transitional provisions—Crimes (Dangerous Driving) Act 2004

601Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004

602Transitional provision—Crimes (Contamination of Goods) Act 2005

603Transitional provision—Crimes (Homicide) Act 2005

604Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006

605Transitional provision—Justice Legislation (Further Miscellaneous Amendments) Act 2006

606Transitional provision—Courts Legislation (Jurisdiction) Act 2006

606ATransitional provision—Crimes (Sexual Offences) Act 2006

607Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006

608Transitional provisions—Crimes Amendment (DNA Database) Act 2007

609Transitional provision—Crimes Amendment (Rape) Act 2007

610Transitional provision—Crimes Amendment (Child Homicide) Act 2008

612Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008

613Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

614Transitional provision—Justice Legislation Miscellaneous Amendments Act 2009

615Transitional provision—Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009

616Transitional provision—Justice Legislation Further Amendment Act 2010

617Transitional provision—Crimes Amendment (Bullying) Act 2011

618Transitional provision—Crimes Amendment (Gross Violence Offences) Act 2013

619Transitional provision—Crimes Amendment (Integrity in Sports) Act 2013

620Transitional provision—Crimes Amendment (Investigation Powers) Act 2013

621Transitional provision—Crimes Amendment (Grooming) Act 2014

621ATransitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014

622Transitional provision—Crimes Amendment (Protection of Children) Act 2014

623Transitional provision—Crimes Amendment (Abolition of Defensive Homicide) Act 2014

624Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014

625Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014

626Transitional provision—Crimes Amendment (Sexual Offences and Other Matters) Act 2014

627Transitional provision—Justice Legislation Amendment Act 2015

628Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015

628ATransitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

629Transitional provision—Crimes Amendment (Sexual Offences) Act 2016

630Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

631Transitional provision—Crimes Legislation Further Amendment Act 2017

632Transitional provision—Family Violence Protection Amendment Act 2017

633Transitional provision—Justice Legislation Amendment (Victims) Act 2018

634Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017

635Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019

636Transitional provision—Children Legislation Amendment Act 2019

637Transitional provision—Crimes Amendment (Manslaughter and Related Offences) Act 2020

637ATransitional provision—Major Crime and Community Safety Legislation Amendment Act 2022

638Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—jury directions

638ATransitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022—consent

639Transitional provision—Sex Work Decriminalisation Act 2022

640Transitional provision—Justice Legislation Amendment (Miscellaneous) Act 2025

Schedules

First Schedule

Schedule 7––Summary offences for which a person may be fingerprinted

Schedule 8––Forensic sample offences

Schedule 9—DNA sample offences

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 314

Crimes Act 1958

No. 6231 of 1958

Version incorporating amendments as at

22 October 2025

An Act to consolidate the Law Relating to Crimes and Criminal Offenders.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Crimes Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeals and savings

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision validation offence disqualification warrant instrument presentment direction appointment action prosecution proceeding liability or right made effected issued granted committed given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

*                *                *                *                *

2ADefinitions

(1)In this Act unless inconsistent with the context or subject-matter—

aircraft means every type of machine or structure used or intended to be used for navigation of the air;

*                *                *                *                *

*                *                *                *                *

drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

incite includes, except in section 195N, command, request, propose, advise, encourage or authorize;

Juries Commissioner has the same meaning as in the Juries Act 2000;

legal practitioner means an Australian lawyer;

*                *                *                *                *

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

motor vehicle has the same meaning as in the Road Safety Act 1986;

*                *                *                *                *

police officer has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

protective services officer has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

standard sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991.

*                *                *                *                *

*                *                *                *                *

2BOffences under this Act deemed to be indictable offences

Offences under this Act are, unless the contrary intention appears, deemed to be indictable offences.

PART I—OFFENCES

Division 1—Offences against the person

(1) Homicide

3Punishment for murder

(1)Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to—

(a)level 1 imprisonment (life); or

(b)imprisonment for such other term as is fixed by the court—

as the court determines.

*                *                *                *                *

(2)The standard sentence for murder is—

(a)30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that—

(i)the person murdered was a custodial officer on duty or an emergency worker on duty; and

(ii)at the time of carrying out the conduct the accused knew or was reckless as to whether that person was a custodial officer or an emergency worker; and

(b)in any other case, 25 years.

Notes

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

2     Murder is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

(3)In subsection (2)(a) custodial officer on duty, custodial officer, emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991.

*                *                *                *                *

3AUnintentional killing in the course or furtherance of a crime of violence

(1)A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally.

(2)The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated.

3BProvocation no longer a partial defence to murder

The rule of law that provocation reduces the crime of murder to manslaughter is abolished.

*                *                *                *                *

4AManslaughter—single punch or strike taken to be dangerous act

(1)This section applies to a single punch or strike that—

(a)is delivered to any part of a person's head or neck; and

(b)by itself causes an injury to the head or neck.

(2)A single punch or strike is to be taken to be a dangerous act for the purposes of the law relating to manslaughter by an unlawful and dangerous act.

(3)For the purposes of subsection (2), it is irrelevant that the single punch or strike is one of a series of punches or strikes.

(4)A single punch or strike may be the cause of a person's death even if the injury from which the person dies is not the injury that the punch or strike itself caused to the person's head or neck but another injury resulting from an impact to the person's head or neck, or to another part of the person's body, caused by the punch or strike.

Example

If a person punches another person to the head, and that other person falls, hits their head on the road, and dies from the injury resulting from their head hitting the road, the punch may be the cause of their death.

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

(6)In this section—

injury has the same meaning as in Subdivision (4);

strike means a strike delivered with any part of the body.

Notes

1Under section 11 of the Jury Directions Act 2015, after the close of all evidence and before the closing address of the prosecution, defence counsel must inform the trial judge whether each element of the offence is or is not in issue, including—

·whether the punch or strike was a dangerous act; and

·whether the punch or strike caused the person's death.

2Under section 12 of the Jury Directions Act 2015, the prosecution and defence counsel must each request that the trial judge give, or not give, to the jury particular directions in respect of the matters in issue, which may include—

·whether the punch or strike was a dangerous act; and

·whether the punch or strike caused the person's death.

5Punishment of manslaughter

Whosoever is convicted of manslaughter shall be liable to level 2 imprisonment (25 years maximum).

Notes

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

2Sections 9B and 9C of the Sentencing Act 1991 require that, in certain circumstances, a term of imprisonment be imposed for manslaughter and a non-parole period of not less than 10 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

*                *                *                *                *

4Sections 9B and 9C of the Sentencing Act 1991 do not apply unless the DPP serves and files a notice under section 9A of that Act.

5AChild homicide

A person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that constitute manslaughter is guilty of child homicide and liable to level 2 imprisonment (25 years maximum).

Note

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

5BHomicide by firearm

(1)A person who, by discharging a firearm, causes the death of another person in circumstances that constitute manslaughter is guilty of homicide by firearm and liable to level 2 imprisonment (25 years maximum).

(2)The standard sentence for homicide by firearm is 13 years.

(3)In this section—

discharge has the same meaning as in section 31C(4);

firearm has the same meaning as in the Firearms Act 1996.

Notes

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

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

5CRelationship between manslaughter, child homicide and homicide by firearm

Nothing in section 5A or 5B is to be taken to provide that conduct that constitutes any one of the following offences is, because it constitutes that offence, incapable of constituting another of those offences—

(a)manslaughter;

(b)child homicide;

(c)homicide by firearm.

6Infanticide

(1)If a woman carries out conduct that causes the death of her child in circumstances that would constitute murder and, at the time of carrying out the conduct, the balance of her mind was disturbed because of—

(a)her not having fully recovered from the effect of giving birth to that child within the preceding 2 years; or

(b)a disorder consequent on her giving birth to that child within the preceding 2 years—

she is guilty of infanticide, and not of murder, and liable to level 6 imprisonment (5 years maximum).

(2)On an indictment for murder, a woman found not guilty of murder may be found guilty of infanticide.

Note

See sections 10(3) and 421 for other alternative verdicts.

(3)Nothing in this Act affects the power of the jury on a charge of murder of a child to return a verdict of not guilty because of mental impairment.

6ASuicide no longer a crime

The rule of law whereby it is a crime for a person to commit or to attempt to commit suicide is hereby abrogated.

6BSurvivor of suicide pact who kills deceased party is guilty of manslaughter

(1)Where upon the trial of a person for the murder of another person the jury are satisfied that the accused caused or was a party to causing the death of that other person by a wilful act or omission but are satisfied on the balance of probabilities that the act was done or the omission made in pursuance of a suicide pact then the jury shall, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return a verdict of manslaughter in lieu thereof.

(1A)Despite section 5, a person convicted of manslaughter under subsection (1) is only liable to level 5 imprisonment (10 years maximum).

(2)Any person who—

(a)incites any other person to commit suicide and that other person commits or attempts to commit suicide in consequence thereof; or

(b)aids or abets any other person in the commission of suicide or in an attempt to commit suicide—

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

(3)The fact that by virtue of this section any person who in pursuance of a suicide pact has killed another person has not been or is not liable to be convicted of murder shall not affect the question of whether the homicide amounted to murder in the case of a third person who is a party to the homicide and is not a party to the suicide pact.

(4)For the purposes of this section suicide pact means an agreement between two or more persons having for its object the death of all of them whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

*                *                *                *                *

8Petit treason

Every offence which before the twenty-seventh day of June in the year of our Lord One thousand eight hundred and twenty-eight would have amounted to petit treason shall be deemed to be murder only; and all persons guilty in respect thereof whether as principals or as accessories shall be dealt with indicted tried and punished as principals and accessories in murder.

9Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria

Where any person being criminally stricken poisoned or otherwise hurt upon the sea or at

any place out of Victoria dies of such stroke poisoning or hurt in Victoria, or being criminally stricken poisoned or otherwise hurt at any place

in Victoria dies of such stroke poisoning or hurt upon the sea or at any place out of Victoria, every offence committed in respect of any such case, whether the same amounts to the offence of murder or of manslaughter or of child homicide or of homicide by firearm or of being accessory to murder or manslaughter or child homicide or homicide by firearm, may be dealt with inquired of tried determined and punished in Victoria in the same manner in all respects as if such offence had been wholly committed in Victoria.

9AAAbolition of year-and-a-day rule

(1)The rule of law known as the year-and-a-day rule (under which an act or omission that in fact causes death is not regarded as the cause of death if the death occurs more than a year and a day after the act or omission) is abolished.

(2)This section does not apply to acts or omissions alleged to have occurred—

(a)before the commencement of the Crimes (Year and a Day Rule) Act 1991; or

(b)between two dates, one before and one after that commencement.

*                *                *                *                *

(1A) Treasonable offences

9ATreason

(1)A person who—

(a)kills the Sovereign, does the Sovereign any bodily harm tending to the death or destruction of the Sovereign or maims, wounds, imprisons or restrains the Sovereign;

(b)kills the eldest child and heir apparent, or the Consort, of the Sovereign;

(c)levies war, or does any act preparatory to levying war, against the Commonwealth of Australia;

(d)assists by any means whatever, with intent to assist, an enemy at war with the Commonwealth of Australia, whether or not the existence of a state of war has been declared;

(e)instigates a foreigner to make an armed invasion of the Commonwealth or any Territory not forming part of the Commonwealth; or

(f)forms an intention to do any act referred to in a preceding paragraph of this subsection and manifests that intention by an overt act—

shall be guilty of an indictable offence, called treason, and liable to—

(g)level 1 imprisonment (life); or

(h)imprisonment for such other term as is fixed by the court—

as the court determines.

(2)A person who—

(a)receives or assists another person who is to his knowledge guilty of treason in order to enable him to escape punishment; or

(b)knowing that a person intends to commit treason, does not give information thereof with all reasonable despatch to a constable or use other reasonable endeavours to prevent the commission of the offence—

shall be guilty of an indictable offence.

Penalty:Level 3 imprisonment (20 years maximum).

(3)On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or (e) of subsection (1) of this section and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment.

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*                *                *                *                *

(4) Offences against the person

15Definitions

In this subdivision—

abortion has the meaning given in the Abortion Law Reform Act 2008;

child means any person under the age of 18 years;

female genital mutilation means all or any of the following—

(a)infibulation;

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

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

(d)any procedure to narrow or close the vaginal opening;

(e)the sealing or suturing together of the labia minora or labia majora;

(f)the removal of the clitoral hood;

firearm has the same meaning as in the Firearms Act 1996;

harm to mental health includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm;

imitation firearm has the same meaning as in section 77(1A);

injury means—

(a)physical injury; or

(b)harm to mental health—

whether temporary or permanent;

medical practitioner means—

(a)a registered medical practitioner; or

(b)in relation to the performance of female genital mutilation outside Victoria, a person who, in the place in which the female genital mutilation took place, holds an authority to practise medicine which is similar to that of a registered medical practitioner;

medical procedure, in relation to paragraph (b) of the definition of serious injury, means—

(a)an abortion performed by a registered medical practitioner in accordance with the Abortion Law Reform Act 2008; or

(b)the administration or supply of a drug or drugs by            a registered pharmacist or registered nurse in accordance with the Abortion Law Reform Act 2008 to cause an abortion;

midwife means—

(a)a registered midwife; or

(b)in relation to the performance of female genital mutilation outside Victoria, a person who, in the place in which the female genital mutilation took place, holds an authority to practise midwifery which is similar to that of registered midwife;

offensive weapon has the same meaning as in section 77(1A);

physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function;

prohibited female genital mutilation means female genital mutilation the performance of which would be an offence under this Act if carried out in the State;

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

registered midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student);

registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

serious injury means—

(a)an injury (including the cumulative effect of more than one injury) that—

(i)endangers life; or

(ii)is substantial and protracted; or

(b)the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm;

woman means a female person of any age.

15ACausing serious injury intentionally in circumstances of gross violence

(1)A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.

Penalty:Level 3 imprisonment (20 years maximum).

*                *                *                *                *

(2)For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—

(a)the offender planned in advance to engage in conduct and at the time of planning—

(i)the offender intended that the conduct would cause a serious injury; or

(ii)the offender was reckless as to whether the conduct would cause a serious injury; or

(iii)a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;

(b)the offender in company with 2 or more other persons caused the serious injury;

(c)the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;

Note

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

(d)the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;

(e)the offender continued to cause injury to the other person after the other person was incapacitated;

(f)the offender caused the serious injury to the other person while the other person was incapacitated.

Notes

1See section 422(1) for an alternative verdict.

2An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

3See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15A(1) and that a non‑parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

4If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.

15BCausing serious injury recklessly in circumstances of gross violence

(1)A person must not, without lawful excuse, recklessly cause serious injury to another person in circumstances of gross violence.

Penalty:Level 4 imprisonment (15 years maximum).

*                *                *                *                *

(2)For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—

(a)the offender planned in advance to engage in conduct and at the time of planning—

(i)the offender intended that the conduct would cause a serious injury; or

(ii)the offender was reckless as to whether the conduct would cause a serious injury; or

(iii)a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;

(b)the offender in company with 2 or more other persons caused the serious injury;

(c)the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;

Note

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

(d)the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;

(e)the offender continued to cause injury to the other person after the other person was incapacitated;

(f)the offender caused the serious injury to the other person while the other person was incapacitated.

Notes

1See section 422(2) for an alternative verdict.

2An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

3See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15B(1) and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

4If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.

15COther offenders need not be prosecuted

A person may be found guilty of an offence against section 15A or 15B whether or not any other person is prosecuted for or found guilty of the offence.

16Causing serious injury intentionally

A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence.

Penalty:Level 3 imprisonment (20 years maximum).

Notes

1An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2An offence against section 16 (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

3See section 10AA(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

4See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

17Causing serious injury recklessly

A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.

Penalty:Level 4 imprisonment (15 years maximum).

Notes

1An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2See section 10AA(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 17 and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

3See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 2 years to be made in certain circumstances in respect of a young offender for an offence against section 17 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

18Causing injury intentionally or recklessly

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.

Penalty:If the injury was caused intentionally—level 5 imprisonment (10 years maximum);

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

Notes

1An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2See section 10AA(4) of the Sentencing Act 1991 for the requirement that a term of imprisonment of not less than 6 months be imposed for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

3See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 6 months to be made in certain circumstances in respect of a young offender for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

19Offence to administer certain substances

(1)A person who—

(a)without lawful excuse, administers to or causes to be taken by another person any substance which is capable, and which the first-mentioned person knows is capable, in the circumstances, of interfering substantially with the bodily functions of the other person; and

(b)knows that the other person has not consented to the administration or taking of the substance or is reckless as to whether or not the other person has so consented—

is guilty of an indictable offence.

Penalty:Level 6 imprisonment (5 years maximum).

(2)For the purposes of subsection (1)—

(a)a person is not to be taken to have consented to the administration or taking of a substance if, had the person known the likely consequences, the person would not be likely to have consented to the administration or taking; and

(b)a substance shall be taken to interfere substantially with bodily functions if the substance is capable of inducing unconsciousness or sleep.

*                *                *                *                *

20Threats to kill

A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person—

(a)intending that that other person would fear the threat would be carried out; or

(b)being reckless as to whether or not that other person would fear the threat would be carried out—

is guilty of an indictable offence.

Penalty:Level 5 imprisonment (10 years maximum).

21Threats to inflict serious injury

A person who, without lawful excuse, makes to another person a threat to inflict serious injury on that other person or any other person—

(a)intending that that other person would fear the threat would be carried out; or

(b)being reckless as to whether or not that other person would fear the threat would be carried out—

is guilty of an indictable offence.

Penalty:Level 6 imprisonment (5 years maximum).

21AStalking

(1)A person must not stalk another person.

Penalty:Level 5 imprisonment (10 years maximum).

(2)A person (the offender) stalks another person (the victim) if the offender engages in a course of conduct which includes any of the following—

(a)following the victim or any other person;

(b)contacting the victim or any other person by post, telephone, fax, text message, e-mail or other electronic communication or by any other means whatsoever;

(ba)publishing on the Internet or by an e-mail or other electronic communication to any person a statement or other material—

(i)relating to the victim or any other person; or

(ii)purporting to relate to, or to originate from, the victim or any other person;

(bb)causing an unauthorised computer function (within the meaning of Subdivision (6) of Division 3) in a computer owned or used by the victim or any other person;

(bc)tracing the victim's or any other person's use of the Internet or of e-mail or other electronic communications;

(c)entering or loitering outside or near the victim's or any other person's place of residence or of business or any other place frequented by the victim or the other person;

(d)interfering with property in the victim's or any other person's possession (whether or not the offender has an interest in the property);

(da)making threats to the victim;

(db)using abusive or offensive words to or in the presence of the victim;

(dc)performing abusive or offensive acts in the presence of the victim;

(dd)directing abusive or offensive acts towards the victim;

(e)giving offensive material to the victim or any other person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person;

(f)keeping the victim or any other person under surveillance;

(g)acting in any other way that could reasonably be expected—

(i)to cause physical or mental harm to the victim, including self-harm; or

(ii)to arouse apprehension or fear in the victim for his or her own safety or that of any other person—

with the intention of causing physical or mental harm to the victim, including self-harm, or of arousing apprehension or fear in the victim for his or her own safety or that of any other person.

(3)For the purposes of this clause, leave granted before the commencement day corresponds to leave that may be granted under Part 7 if it is substantially similar to that leave.

Sch. 3 cl. 3(4) inserted by No. 7/2002 s. 33(1).

(4)Sections 53 and 54, as in force immediately before the commencement of sections 24 and 25 of the Forensic Health Legislation (Amendment) Act 2002, continue to apply in relation to any limited off-ground leave granted before that commencement, until the expiry of that leave.

4Revocation of supervision order

(1)Despite anything to the contrary in Part 5, an existing detainee who has been, or is deemed to have been, on extended leave for a period of at least 12 months may apply to the court that made the original order under which he or she was detained for revocation of his or her supervision order.

(2)On an application under subclause (1) the court may revoke the supervision order if satisfied on the evidence available that the safety of the existing detainee or members of the public will not be seriously endangered as a result of the revocation of the order.

(3)In considering an application for revocation of a supervision order in respect of an existing detainee the court may take into account any reports on the existing detainee made by, or submitted to, the Adult Parole Board before the commencement day.

5Persons released under section 498 of Crimes Act 1958

Despite the repeal of section 498 of the Crimes Act 1958, any conditions imposed on a person under that section that were in force immediately before the commencement day continue to apply on and after the commencement day.

6Unfitness to stand trial

(1)Part 2 applies with respect to an offence that is alleged to have been committed, whether before, on or after the commencement day.

(2)If a person has been found unfit to stand trial but no order has been made in respect of the person before the commencement day, the court must proceed to hold a special hearing under Part 3 in respect of the person.

7Mental impairment and insanity

(1)Despite section 25, the defence of insanity continues to apply with respect to any offence alleged to have been committed before the commencement day.

(2)If a jury returns a verdict of not guilty on account of insanity in relation to a person charged with an offence alleged to have been committed before the commencement day, that verdict is to be taken for all purposes to be a finding of not guilty because of mental impairment under Part 4.

Sch. 3 cl. 8 inserted by No. 7/2002 s. 33(2).

8Periodic major reviews

Section 35, as amended by section 14 of the Forensic Health Legislation (Amendment) Act 2002, applies to a supervision order made before, on or after the commencement of that section 14.

Sch. 3 cl. 9 inserted by No. 7/2002 s. 33(2).

9Notification requirements

Sections 38A, 38B, 38C and 38E, as inserted by section 17 of the Forensic Health Legislation (Amendment) Act 2002, apply to—

(a)applications that are made after the commencement of that section 17; and

(b)reviews that are listed by the court after the commencement of that section 17.

Sch. 3 cl. 10 inserted by No. 7/2002 s. 33(2).

10Appeals

(1)An order for unconditional release can be appealed under section 19A or 24A (as the case may be) whether the order was made before or after the commencement of that section, unless—

(a)the order had been appealed before that commencement; or

(b)any time limit for appealing the order had expired before that commencement.

(2)A supervision order can be appealed under section 28A whether the order was made before or after the commencement of that section, unless—

(a)the order had been appealed before that commencement; or

(b)any time limit for appealing the order had expired before that commencement.

(3)An order confirming, varying or revoking a supervision order can be appealed under section 34 (as substituted by section 13 of the Forensic Health Legislation (Amendment) Act 2002) or section 34A (as the case may be) whether the order was made before or after the commencement of that section, unless—

(a)the order had been appealed before that commencement; or

(b)any time limit for appealing the order had expired before that commencement.

(4)A refusal to grant extended leave or a grant of extended leave can be appealed under section 57B whether the refusal or grant was made before or after the commencement of that section.

(5)A revocation of extended leave or a refusal to revoke extended leave can be appealed under section 58A whether the revocation or refusal was made before or after the commencement of that section.

(6)Any appeal referred to in subclause (1)(a), (2)(a) or (3)(a) that has not been determined before the commencement referred to in that subclause is to be determined in accordance with this Act as in force immediately before that commencement.

Sch. 3 cl. 11 inserted by No. 68/2009 s. 97(Sch. item 39.52).

11Transitional provisions—Criminal Procedure Act 2009

(1)Section 14A as inserted by section 423 of the Criminal Procedure Act 2009 applies to a finding on an investigation under Part 2 that an accused is unfit to stand trial made on or after the commencement of section 423 of that Act.

(2)Section 24AA as inserted by section 424 of the Criminal Procedure Act 2009 applies to a verdict of not guilty because of mental impairment recorded on or after the commencement of section 424 of that Act.

Sch. 3 cl. 12 inserted by No. 68/2009 s. 97(Sch. item 39.52).

12Transitional provisions—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009

(1)Section 19A as amended by item 39.17 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

(2)Section 24A as amended by item 39.24 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

(3)Section 28A as amended by item 39.25 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

(4)Section 34 as amended by item 39.28 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

(5)Section 34A as amended by item 39.31 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal against the revocation of a non-custodial supervision order where the order revoking the supervision order is made on or after the commencement of that item.

(6)Section 57B as amended by item 39.38 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the application for extended leave is refused or granted, as the case may be, on or after the commencement of that item.

(7)Section 58A as amended by item 39.40 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the extended leave is revoked or the application for revocation of extended leave is refused, as the case may be, on or after the commencement of that item.

(8)Section 73H as amended by item 39.44 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

(9)Section 73N as amended by item 39.46 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under that section where the order to which the appeal relates is made on or after the commencement of that item.

Sch. 3 cl. 13 (Heading) amended by No. 29/2011 s. 3(Sch. 1 item 23).

Sch. 3 cl. 13 inserted by No. 29/2010 s. 36.

13Transitional provision—Health and Human Services Legislation Amendment Act 2010

Any act matter or thing of a continuing nature that was done by or in relation to, or any proceeding brought by or against, the Secretary to the Department of Human Services before the commencement of Division 1 of Part 5 of the Health and Human Services Legislation Amendment Act 2010 is to be taken to be done by or in relation to, and may be brought by or against, the Secretary to the Department of Health after that commencement if the act matter or thing or proceeding relates to—

(a)a forensic patient; or

(b)an approved mental health service.

Sch. 3 cl. 15 inserted by No. 55/2014 s. 131.

15Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014

This Act as amended by Division 1 of Part 5 of the Criminal Organisations Control and Other Acts Amendment Act 2014 applies to—

(a)a proceeding for an offence that is commenced on or after the commencement of Division 1 of Part 5 of that Act; and

(b)a proceeding for an offence that, on the commencement of Division 1 of Part 5 of that Act, is before the Children's Court, irrespective of when the proceeding was commenced.

Sch. 3 cl. 16 inserted by No. 6/2017 s. 12.

16Transitional provision—Crimes Legislation Further Amendment Act 2017

This Act as amended by Part 3 of the Crimes Legislation Further Amendment Act 2017 applies to an investigation into the fitness of an accused to stand trial that commences on or after the day on which that Part comes into operation.

Sch. 3 cl. 16A inserted by No. 11/2020 s. 31.

16ATransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—investigations into fitness to stand trial

(1)Despite the repeal of Part 11, an investigation into the fitness of an accused—

(a)that, immediately before that repeal, was being conducted by the court, without a jury, in accordance with that Part; and

(b)in which the court had not yet made a finding—

is to continue, after that repeal, to be conducted by the court, without a jury, in accordance with that Part.

(2)For the purposes of an investigation that continues in accordance with subsection (1), Part 11 continues to have effect despite its repeal.

(3)After the conclusion of an investigation that was continued in accordance with subsection (1), sections 95, 96, 97 and 98 continue to apply in relation to that investigation despite their repeal.

(4)Subject to this section, on and after the repeal of Part 11, a finding of a court, on an investigation conducted in accordance with that Part, that an accused was or was not fit to stand trial has, for all purposes, the same effect as a finding of a jury.

Sch. 3 cl. 16B inserted by No. 11/2020 s. 31.

16BTransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—special hearings

(1)Despite the repeal of Part 11, a special hearing by judge alone in which judgment was not delivered before that repeal may continue to be held by judge alone, without a jury, after that repeal.

(2)For the purposes of a special hearing that continues in accordance with subsection (1), Part 11 continues to have effect despite its repeal.

(3)On and after the repeal of section 103, a finding of a judge at a special hearing by judge alone has, for all purposes, the same effect as a finding of a jury.

(4)Subsection (3) has effect despite the repeal of section 103.

(5)In this section—

special hearing by judge alone means a special hearing held in accordance with an order under section 101 as in force immediately before its repeal.

Sch. 3 cl. 16C inserted by No. 11/2020 s. 31.

16CTransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—special hearings

On and after the repeal of section 121, that section continues to apply, despite its repeal, in relation to any issue, application or review that a court—

(a)has determined to decide or determine entirely on the basis of written submissions and without the appearance of the parties; and

(b)has not yet so decided or determined.

Sch. 3 cl. 16D inserted by No. 11/2022 s. 7.

16DTransitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022

(1)If an application for an order under section 94 is made before the repeal of Part 11, and is not determined before that repeal, then despite that repeal—

(a)the application may be heard and determined as if Part 11 had not been repealed; and

(b)for the purposes of the application, and any order made on the application, and any special hearing to which that order relates, Part 11 as in force immediately before its repeal continues to have effect.

(2)If, immediately before the repeal of Part 11, there was in force an order under section 94 and judgment had not yet been delivered in the special hearing to which that order relates, then despite that repeal—

(a)the order continues to have effect as if Part 11 had not been repealed; and

(b)for the purposes of the order and the special hearing to which it relates, Part 11 as in force immediately before its repeal continues to have effect.

(3)Subsection (2) applies in relation to an order whether or not the special hearing to which the order relates commenced before the repeal of Part 11.

(4)On and after the repeal of section 96, a finding of a judge at a special hearing by judge alone has, for all purposes, the same effect as a finding of a jury.

(5)Subsection (4) has effect despite the repeal of section 96.

(6)Nothing in this section limits section 14 of the Interpretation of Legislation Act 1984.

(7)In this section—

special hearing by judge alone means a special hearing held in accordance with an order under section 94 as in force before its repeal.

[28] Pt 3 Div. 1 Subdiv. (12) (Heading and ss 390–396) amended by Nos 6884 s. 2(1), 7705 s. 10, 7994 s. 2, 8338 s. 7(j), 9576 ss 5, 11(1), 9848 s. 18(1), 10026 ss 5, 6, 10084 s. 6(3), 10233 s. 9(d), 102/1986 s. 8(a)(b), 19/1989 s. 16(Sch. item 16.5), 25/1989 s. 19(c)(d), 56/1989 s. 286(Sch. 2 item 7.2), 57/1989 s. 3(Sch. items 42.30, 42.31) (as amended by No. 34/1990 s. 5(Sch. 4 item 23)), 35/1996 s. 453(Sch. 1 items 16.4, 16.5), 48/1997 s. 57, 65/1997 s. 82(2)(a), 45/2001 s. 40(2), 50/2006 s. 9, repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)).

[29] Ss 406–408A:

S. 406 repealed by No. 9576 s. 11(1).

S. 407 repealed by No. 25/1989 s. 9.

S. 408 amended by Nos 6886 s. 3, 7184 s. 5, 7327 s. 3(a)(b), 7696 s. 2, repealed by No. 8143 s. 11.

S. 408A inserted by No. 6806 s. 2, amended by Nos 7327 s. 3(a)–(d), 7546 s. 10(1)(2), 7645 s. 6, 7696 s. 3, 7782 ss 2, 3, repealed by No. 8143 s. 11.

[30] S. 420 (repealed): See note 28.

[31] Pt 3 Div. 1 Subdiv. (25) (Heading and ss 446–450) amended by Nos 7705 s. 10, 8338 s. 7(c), 9008 s. 2(1)(Sch. item 2(h)(j)), 9242 s. 2, 9576 s. 11(1), 9848 s. 18(1), 110/1986 s. 140(2), 51/1989 s. 143(c)–(e), 60/1993 s. 28, 109/1994 s. 25, 35/1996 s. 453(Sch. 1 item 16.14), 78/2008 s. 25(2), repealed by No. 7/2009 s. 422(2)(a) (as amended by No. 68/2009 s. 54(h)).

[32]

S. 464S: The amendments proposed by section 118(Sch. 1 items

15.2–15.6, 15.8) to the Medical Practice Act 1994, No. 23/1994 (repealed) are not included in this publication because section 464S had been substituted before the proposed amendments came into operation.

[33] S. 464T(1)(c): See note 33.

[34] S. 464U(5): See note 33.

[35] S. 464V(6)(d): See note 33.

[36] S. 464X(1): See note 33.

[37] S. 464ZE: See note 33.

[38] S. 466: See Dangerous Goods Act 1985, No. 10189/1985.

[39] Ss 472–476A:

S. 472 repealed by No. 8679 s. 3(1)(b), new s. 472 inserted by No. 9576 s. 8(b), amended by No. 10260 s. 114(Sch. 4 item 4), repealed by No. 70/1987 s. 6.

S. 473 substituted by No. 6884 s. 2(3), amended by No. 7651 s. 2(1)(Sch. item 3), repealed by No. 8679 s. 3(1)(b).

Ss 474, 475 repealed by No. 8679 s. 3(1)(b).

S. 476 amended by Nos 8338 s. 7(a), 8426 s. 9(1) (as amended by No. 8701 s. 7(f)), 8870 s. 7(a), 9554 s. 47(a)(b), 9945 s. 3(3)(Sch. 2 item 9), substituted by No. 10084 s. 8(1), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 476A inserted by No. 6651 s. 57(a), repealed by No. 10084 s. 8(2).

[40] Ss 477–479:

S. 477 amended by Nos 6731 s. 5, 8338 s. 7(a)(b), repealed by No. 9554 s. 2(1)(Sch. 1 item 7).

S. 478 amended by Nos 8280 s. 16, 9576 ss 8(c), 11(1), 9945 s. 3(3)(Sch. 2 item 10), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 479 amended by No. 7705 s. 10, repealed by No. 10260 s. 114(Sch. 4 item 4).

[41] Ss 480–484:

Ss 480, 481 amended by No. 8181 s. 2(1)(Sch. item 31), repealed by No. 10260 s. 114(Sch. 4 item 4).

Ss 482, 483 amended by No. 10087 s. 3(1)(Sch. 1 item 27), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 484 amended by Nos 9554 s. 2(1)(Sch. 1 item 8), 9945 s. 3(3)(Sch. 2 item 11), 10152 s. 9(b)(i)(ii), repealed by No. 10260 s. 114(Sch. 4 item 4).

[42] Ss 485–492:

S. 485 amended by No. 8338 s. 7(b), repealed by No. 8679 s. 3(1)(b).

Ss 486, 487 amended by No. 8338 s. 7(a)(c), repealed by No. 8679 s. 3(1)(b).

S. 488 amended by No. 8338 s. 7(a)(c)(l), repealed by No. 8679 s. 3(1)(b).

Ss 489, 490 amended by No. 8338 s. 7(a), repealed by No. 8679 s. 3(1)(b).

S. 491 repealed by No. 8679 s. 3(1)(b).

S. 492 amended by No. 8338 s. 7(a), repealed by No. 8679 s. 3(1)(b).

[43] Ss 495–497:

S. 495 repealed by No. 9945 s. 3(3)(Sch. 2 item 13).

S. 496 repealed by No. 8679 s. 3(1)(b).

S. 497 amended by No. 8280 s. 17, repealed by No. 8679 s. 3(1)(b).

[44] S. 498 (repealed): See note 28.

[45] Ss 499–502:

S. 499 substituted by No. 6884 s. 3, amended by Nos 9498 s. 3, 16/1986 s. 30, repealed by No. 117/1986 s. 6(Sch. 1 item 2(4)).

S. 500 amended by Nos 8493 s. 33(c), 9549 s. 2(1)(Sch. item 51), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 501 repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 502 amended by Nos 7876 s. 2(3), 8493 s. 33(d), 8731 s. 173, 10087 s. 3(1)(Sch. 1 item 29), repealed by No. 10260 s. 114(Sch. 4 item 4).

[46] Ss 508, 509:

S. 508 amended by Nos 7263 s. 2(c)(i)–(iv), 7705 s. 10, 7876 s. 2(3), 9059 s. 2(1)(Sch. item 11), 9966 s. 21(3)(a)–(f), 10087 s. 3(Sch. 1 item 30), 10152 s. 9(c), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 509 amended by No. 10152 s. 9(d), repealed by No. 10260 s. 114(Sch. 4 item 5).

[47] Ss 510–515A:

S. 510 amended by Nos 7577 s. 6, 7705 s. 10, 7876 s. 2(3), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 511 amended by No. 9966 s. 21(4), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 512 amended by Nos 7263 s. 2(d), 7876 s. 2(3), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 513 amended by Nos 7263 s. 2(e), 9966 s. 21(4)(5), 10152 s. 9(e), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 514 repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 515 amended by No. 9966 s. 21(4), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 515A inserted by No. 10152 s. 9(f), repealed by No. 10260 s. 114(Sch. 4 item 5).

[48] Ss 516–519A:

S. 516 amended by Nos 7184 s. 8, 7705 s. 10, 7876 s. 2(3), 9554 s. 2(2)(Sch. 2 item 62), 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 517 amended by Nos 7184 s. 8, 7705 s. 10, 7876 s. 2(3), 8181 s. 2(1)(Sch. item 35), 9848 s. 18(1), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 518 amended by No. 7705 s. 10, repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 519 amended by Nos 8731 s. 173, 9019 s. 2(1)(Sch. item 46), 9059 s. 2(1)(Sch. item 12), 10087 s. 3(1)(Sch. 1 item 30), repealed by No. 10260 s. 114(Sch. 4 item 5).

S. 519A inserted by No. 7184 s. 9, repealed by No. 10260 s. 114(Sch. 4 item 5).

[49] Ss 543–544:

S. 543 amended by Nos 9576 s. 11(1), 9902 s. 2(1)(Sch. item 56), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 543A inserted by No. 9407 s. 2(h), amended by No. 9576 s. 11(1), repealed by No. 10260 s. 114(Sch. 4 item 4).

S. 544 amended by No. 8679 s. 3(1)(d), substituted by No. 9576 s. 11(1), repealed by No. 10260 s. 114(Sch. 4 item 4).

[50] S. 547: As to trust property vested in any person who becomes a "convict", see section 72 of the Trustee Act 1958, No. 6401/1958.

[51] Pt 6 (Headings and ss 566–584) amended by Nos 7184 s. 12, 7546 s. 12, 7705 s. 10, 7919 s. 2(1), 8063 s. 2, 8280 ss 19, 20, 8338 s. 7(a)(p), 8425 s. 2(1)(n), 8679 s. 3(1)(g), 8870 s. 8, 9019 s. 2(1)(Sch. item 47), 9242 s. 4, 9576 s. 11(1), 9848 s. 18(1), 10026 s. 8, 10084 ss 11–14, 10260 s. 114(Sch. 4 item 5), 110/1986 s. 140(2), 16/1987 s. 4(3)(Sch. 1 item 8(d)), 19/1989 s. 16(Sch. item 16.13), 25/1989 ss 17(1)(4), 20(o), 57/1989 s. 3(Sch. items 42.70–42.74), 49/1991 s. 119(7)(Sch. 4 item 4.3), 109/1994 ss 26–28, 35/1996 s. 453(Sch. 1 items 16.18, 16.19), 48/1997 s. 59, 65/1997 s. 82(3)(4)(a)–(d), 69/1997 s. 24, 10/1999 s. 18(4), 56/2004 s. 79, 65/2004 s. 4(1), 93/2005 s. 9, 48/2006 s. 42(Sch. item 9.7), 50/2006 s. 10, 78/2008 s. 25(4), repealed by No. 7/2009 s. 422(4) (as amended by No. 68/2009 s. 54(h)).

[52] Sch. 6 amended by S.R. No. 144/1965 Order 7 (as amended by S.R. No. 75/1987 cl. 5), Nos 7705 s. 10, 8181 s. 2(1)(Sch. item 32), S.R. No. 372/1973 reg. 2, 8425 s. 2(1)(o), 9019 s. 2(1)(Sch. item 48), 9228 s. 2(1)(k), 9427 s. 6(1)(Sch. 5 item 42), 9576 s. 11(1), 9848 s. 18(1), 9921 s. 255, 10233 s. 9(e)–(g), 25/1989 ss 18(2), 20(p), 44/1989 s. 41(Sch. 2 item 7), 57/1989 s. 3(Sch. item 42.77), 8/1991 s. 6(e), 48/1995 s. 11(3)(b), 35/1996 s. 453(Sch. 1 item 16.20), 104/1997 s. 42, repealed by No. 7/2009 s. 422(7) (as amended by No. 68/2009 s. 54(h)).

[53] Schs 8A–11:

Sch. 8A inserted by No. 7184 s. 13, amended by No. 8338 s. 7(a)(d), repealed by No. 10152 s. 9(g).

Sch. 9 amended by No. 8338 s. 7(a), repealed by No. 9059 s. 2(1)(Sch. item 13).

Sch. 10 amended by No. 8338 s. 7(o), repealed by No. 9059 s. 2(1)(Sch. item 13).

Sch. 11 amended by No. 7705 s. 10, repealed by No. 8493 s. 33(f).