Criminal Code Act 1899 (Qld)

Criminal Code Act 1899

An Act to establish a Code of Criminal Law

Preamble

Whereas it is desirable to declare, consolidate, and amend the Criminal Law;

Be it enacted and declared by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows—

1   Short title

This Act may be cited as the Criminal Code Act 1899.

2   Establishment of Code—schedule 1

(1)On and from 1 January 1901, the provisions contained in the Code of Criminal Law set forth in schedule 1 (the Code) shall be the law of Queensland with respect to the several matters therein dealt with.

(2)The said Code may be cited as the Criminal Code.

3   Saving

However—

(a)the repeal of any statute or part of a statute set forth in the schedules shall not affect the construction of any other statute, or of any other part of the same statute, whether as regards the past or the future;

(b)when any enactment not mentioned in the schedules has been repealed, confirmed, revived, or perpetuated, by any enactment hereby repealed, such repeal, confirmation, reviver, or perpetuation, shall not be affected by the repeal effected by this Act;

(c)this Act shall not affect the validity, invalidity, effect, or consequences, of anything already done or suffered, or any existing status or capacity, or any right, title, obligation, or liability, civil or criminal, already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity, or the proof of any past act or thing; and any action, prosecution, or other proceeding, begun before the coming into operation of the Code, may, subject to the provisions of the Code, be continued as if this Act had not been passed; and any action, prosecution, or other proceeding, in respect of anything done or omitted to be done before the coming into operation of the Code, may, subject to the provisions of the Code, be brought, taken, and prosecuted, in the same manner as if this Act had not been passed;

(d)this Act shall not, except as expressly therein declared, affect any principle or rule of law or equity, or established jurisdiction, or form or course of pleading, practice, or procedure, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived, by, in, or from, any enactment hereby repealed;

(e)this Act shall not revive or restore any jurisdiction, duty, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing, not now existing or in force.

4   Construction of statutes, statutory rules, and other instruments

From and after the coming into operation of the Code, the following rules shall apply with respect to the construction of statutes, statutory rules, by-laws, and other instruments, that is to say—

(a)when in any statute, statutory rule, by-law, or other instrument, public or private, the term felony is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code;

(b)when in any statute, statutory rule, by-law, or other instrument, public or private, the term murder is used, it shall be taken that reference is intended to the crimes of wilful murder and murder and each of them;

(c)when in any statute, statutory rule, by-law, or other instrument, public or private, the term larceny is used, it shall be taken that reference is intended to the crime of stealing;

(d)when in any statute, statutory rule, by-law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be intended that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to;

(e)when in any statute, statutory rule, by-law, or other instrument, public or private, reference is made to any of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code.

5   Provisions of Code exclusive with certain exceptions

From and after the coming into operation of the Code, no person shall be liable to be tried or punished in Queensland as for an indictable offence except under the express provisions of the Code or some other statute law of Queensland, or under the express provisions of some statute of the United Kingdom which is expressly applied to Queensland, or which is in force in all parts of the Sovereign’s dominions not expressly excepted from its operation, or which authorises the trial and punishment in Queensland of offenders who have at places not in Queensland committed offences against the laws of the United Kingdom.

6   Civil remedies

(1)When by the Code any act is declared to be lawful, no action can be brought in respect thereof.

(2)A person who suffers loss or injury in, or in connection with, the commission of an indictable offence of which the person is found guilty has no right of action against another person for the loss or injury.

(3)Subsection (2) applies whether or not a conviction is recorded for the offence.

(4)Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed, nor shall the omission from the Code of any penal provision in respect of any act or omission which before the time of the coming into operation of the Code constituted an actionable wrong affect any right of action in respect thereof.

7   Offender may be prosecuted under Code or other statute

When an offender is punishable under the provisions of the Code, and also under the provisions of some other statute, the offender may be prosecuted and convicted under the provisions either of the Code or of such other statute, so that the offender is not twice punished for the same offence.

8   Contempt of court

Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as ‘contempt of court’, but so that a person can not be so punished and also punished under the provisions of the Code for the same act or omission.

9   [Repealed]

10   [Repealed]

Schedule 1 The Criminal Code

section 2

Part 1    Introductory

Interpretation—application—general principles

Chapter 1 Interpretation

1   Definitions

In this Code—

25 year offence, for chapter 68, see section 678(1).

acquittal, for chapter 68, see section 678(1).

administration of justice offence, for chapter 68, see section 678(1).

adult means a person of or above the age of 18 years.

adult entertainment has the meaning given by the Liquor Act 1992, section 103N.

adult entertainment permit means an adult entertainment permit granted under the Liquor Act 1992 and in force.

affected child, for chapter 62, chapter division 3, see section 590AD.

aircraft includes any machine or apparatus designed to support itself in the atmosphere.

It is immaterial whether the machine or apparatus is incapable of use through mechanical defect or whether any part or parts thereof have been removed for any purpose or by any person.

A flight of an aircraft shall be deemed to commence—

(a)at the time of the closing of the external door of the aircraft last to be closed before the aircraft first moves for the purpose of taking off from any place; or

(b)if paragraph (a) is not applicable—at the time at which the aircraft first moves for the purpose of taking off from any place; and

shall be deemed to end—

(c)at the time of the opening of the external door of the aircraft first to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or

(d)if paragraph (c) is not applicable—at the time at which the aircraft comes to rest after its next landing after the commencement of the flight;

or, if the aircraft is destroyed, or the flight is abandoned, before either paragraph (c) or (d) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

animal includes any living creature other than mankind.

anonymising service, for part 4, chapter 22, see section 207A.

appellant, for chapter 67, see section 668(1).

approved manager ...

arresting officer—

(a)for chapter 62, chapter division 3, see section 590AD; or

(b)for chapter 62, chapter division 4A, see section 590E.

assault—

(a)generally—see section 245; or

(b)for chapter 32—see section 347.

associate, of a lawyer, for chapter 62, chapter division 3, see section 590AD.

benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.

bet or make a bet, for chapter 43, see section 443.

bodily harm means any bodily injury which interferes with health or comfort.

brothel licence ...

canal includes aqueduct.

carnal knowledge ...

child abuse object, for part 4, chapter 22, see section 207A.

child exploitation material, for chapter 22, see section 207A.

child sexual offence, for part 4, chapter 22, see section 207A.

circumstance of aggravation means any circumstance by reason whereof an offender is liable to a greater punishment than that to which the offender would be liable if the offence were committed without the existence of that circumstance.

circumstances, for chapter 33A, see section 359A.

classification officer ...

classified, for chapter 22, see section 207A.

clerk and servant include any person employed for any purpose as or in the capacity of a clerk or servant, or as a collector of money, although temporarily only, or although employed also by other persons than the person alleged to be the person’s employer, or although employed to pay as well as receive money, and any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although the person has no authority from the person’s employer to receive money or other property on the employer’s account.

coercive control, for chapter 29A, see section 334A.

commercial sexual service, for chapter 22, see section 207A.

committal for trial includes committal for sentence.

Commonwealth Classification Act, for chapter 22, see section 207A.

company means an incorporated company.

computer game, for chapter 22, see section 207A.

computer generated image means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image, including an image in the form of text.

conduct, for chapter 23, see section 230A.

consent, for chapter 32, see section 348.

consort, for part 2, chapter 9A, see section 77A.

conviction, for part 2, chapter 9A, see section 77.

court, for chapter 62, chapter division 3, see section 590AD.

Court—

(a)for chapter 67, see section 668(1); or

(b)for chapter 68, see section 678(1).

court of trial, for chapter 67, see section 668(1).

crematorium includes the land or water where the crematorium is situated.

criminal history, for chapter 62, chapter division 3, see section 590AD.

criminal organisation see the Penalties and Sentences Act 1992, section 161O.

criminal responsibility means liability to punishment as for an offence.

criminally responsible means liable to punishment as for an offence.

Crown Law Officer means the Attorney-General or director of public prosecutions.

damage, in relation to a document, includes—

(a)obliterate the document; and

(b)make the whole document or part of the document illegible or irrecoverable.

detriment—

(a)caused to a person, includes detriment caused to a person’s property; and

(b)for chapter 33A, see section 359A.

disclose ...

disclosure obligation, for chapter 62, chapter division 4A, see section 590E.

disclosure obligation direction, for chapter 62, chapter division 4A, see section 590E.

distribute, for part 4, chapter 22, see section 207A.

document includes—

(a)anything on which there is writing; and

(b)anything on which there are marks, figures, symbols, codes, perforations or anything else having a meaning for a person qualified to interpret them; and

(c)a record.

domestic relationship means a relevant relationship under the Domestic and Family Violence Protection Act 2012, section 13.

Note—

Under the Domestic and Family Violence Protection Act 2012, section 13, a relevant relationship means an intimate personal relationship, a family relationship or an informal care relationship, as defined under that Act. An intimate personal relationship includes a former intimate personal relationship.

domestic violence, for chapter 29A, see section 334B.

domestic violence offence means an offence against an Act, other than the Domestic and Family Violence Protection Act 2012, committed by a person where the act done, or omission made, which constitutes the offence is also—

(a)domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012, committed by the person; or

(b)a contravention of the Domestic and Family Violence Protection Act 2012, section 177(2).

Note—

Under the Domestic and Family Violence Protection Act 2012, section 177(2), a respondent against whom a domestic violence order has been made under that Act must not contravene the order.

DPP presenter, for chapter 60, see section 559A.

dwelling includes any building or structure, or part of a building or structure, which is for the time being kept by the owner or occupier for the residence therein of himself or herself, his or her family, or servants, or any of them, and it is immaterial that it is from time to time uninhabited.

A building or structure adjacent to, and occupied with, a dwelling is deemed to be part of the dwelling if there is a communication between such building or structure and the dwelling, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise.

economic abuse, for chapter 29A, see section 334A.

emergency vehicle see section 6A.

emergency worker means—

(a)a member of the police service; or

(b)a member of the police service of the Commonwealth or another State; or

(c)a service officer under the Ambulance Service Act 1991; or

(d)a member of an ambulance service of another State; or

(e)a fire service officer or rural fire brigade member under the Fire Services Act 1990; or

(f)a member of a fire brigade or service of another State.

emotional or psychological abuse, for chapter 29A, see section 334A.

encourage, for chapter 43, see section 443.

end, of the proceedings for a relevant charge, for chapter 62, chapter division 3, see section 590AD.

engage, in penile intercourse, see section 6(2).

Evidence Act section 93A device statement, for chapter 62, chapter division 3, see section 590AD.

exculpatory thing, for chapter 62, chapter division 3, see section 590AD.

explosive substance includes a gaseous substance in such a state of compression as to be capable of explosion.

family, for chapter 16, see section 119A.

film, for chapter 22, see section 207A.

forge a document, means make, alter or deal with the document so that the whole of it or a material part of it—

(a)purports to be what, or of an effect that, in fact it is not; or

(b)purports to be made, altered or dealt with by a person who did not make, alter or deal with it or by or for some person who does not, in fact exist; or

(c)purports to be made, altered or dealt with by authority of a person who did not give that authority; or

(d)otherwise purports to be made, altered or dealt with in circumstances in which it was not made, altered or dealt with.

fresh and compelling evidence—

(a)for chapter 67, chapter division 3, see section 671AB; or

(b)for chapter 68, see section 678D.

gender identity see the Anti-Discrimination Act 1991, schedule 1.

genitalia includes surgically constructed genitalia.

grievous bodily harm means—

(a)the loss of a distinct part or an organ of the body; or

(b)serious disfigurement; or

(c)any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;

whether or not treatment is or could have been available.

harm, to a person, for chapter 29A, see section 334A.

have in possession ...

hidden network, for part 4, chapter 22, see section 207A.

indecent matter includes indecent film, videotape, audiotape, picture, photograph or printed or written matter.

indictment means a written charge preferred against an accused person in order to the person’s trial before some court other than justices exercising summary jurisdiction.

information, for part 4, chapter 22, see section 207A.

inland water includes river, canal and reservoir.

intellectually impaired person ...

interests of justice, for chapter 68, see section 678F.

intimate image, for part 4, chapter 22, see section 207A.

judicial officer includes—

(a)an arbitrator, or umpire, appointed in relation to an arbitration in which evidence may be taken on oath; and

(b)a member of a tribunal established under an Act to perform judicial functions or judicial functions and other functions; and

(c)a person conducting a hearing of the Crime and Corruption Commission under the Crime and Corruption Act 2001, chapter 4; and

(d)a justice of the peace constituting a court.

judicial proceeding, for chapter 16, see section 119.

knowingly, used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used.

law enforcement agency means—

(a)the Queensland Police Service; or

(b)the Office of the Director of Public Prosecutions; or

(c)the Crime and Corruption Commission; or

(d)any other entity of—

(i)another State; or

(ii)the Commonwealth;

that performs a similar function to an entity in paragraphs (a) to (c).

law enforcement officer means—

(a)a member or officer of a law enforcement agency, including a person appearing for the director under the Director of Public Prosecutions Act 1984, section 10(4); or

(b)a person who is authorised, in writing, by the commissioner of the police service, or the chairperson of the Crime and Corruption Commission, to help a member or officer of a law enforcement agency; or

(c)a person who belongs to a class of persons that is authorised, in writing, by the commissioner of the police service, or the chairperson of the Crime and Corruption Commission, to help a member or officer of a law enforcement agency.

liable, used alone, means liable on conviction upon indictment.

licensed brothel ...

licensee ...

mail ...

mail conveyance ...

match-fixing arrangement, for chapter 43, see section 443.

match-fixing conduct, for chapter 43, see section 443.

material, for chapter 22, see section 207A.

money includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities, or requests, for the payment of money.

motor vehicle includes any machine or apparatus designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power, and also includes a motor cycle, or a caravan, caravan trailer or other trailer designed to be attached to a motor vehicle.

It is immaterial whether the machine or apparatus is incapable of use through mechanical defect or whether any part or parts thereof have been removed for any purpose or by any person.

network, for part 4, chapter 22, see section 207A.

new and compelling evidence, for chapter 67, chapter division 3, see section 671AB.

night or night-time means the interval between 9p.m. and 6a.m.

observe, for chapter 22, see section 207A.

occupier, for chapter 23, see section 230A.

offence see section 2.

original evidence, for chapter 62, chapter division 3, see section 590AD.

participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P.

party, for chapter 62, chapter division 4A, see section 590E.

penetrate, for chapter 32, see section 347.

penile intercourse see section 6(1).

penis includes a surgically constructed penis, whether provided for a male or female.

person and owner, and other like terms, when used with reference to property, include corporations of all kinds, and any other associations of persons capable of owning property, and also, when so used, include the Sovereign.

person employed in the public service includes police officers, staff members under the Ministerial and Other Office Holder Staff Act 2010 and persons employed to execute any process of a court of justice, and also includes the chief executive officer of a rail government entity and persons employed by a rail government entity.

person with an impairment of the mind means a person with a disability that—

(a)is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and

(b)results in—

(i)a substantial reduction of the person’s capacity for communication, social interaction or learning; and

(ii)the person needing support.

picture includes image including computer generated image.

place, for chapter 23, see section 230A.

police officer ...

port includes harbour and dock.

possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

possession of the prosecution, for chapter 62, chapter division 3, see section 590AE.

Post and Telegraph Department ...

Postmaster-General ...

post office and telegraph office ...

premises includes—

(a)a building or structure, or part of a building or structure, of any type; and

(b)a group of, or part of a group of, buildings or structures, of any type; and

(c)the land or water where a building or structure or a group of buildings or structures is situated; and

(d)a vehicle, or a caravan; and

(e)a tent, or a cave; and

(f)premises in which more than 1 person has ownership.

prescribed offence, for chapter 68, see section 678(1).

prescribed summary trial, for chapter 62, chapter division 3, see section 590AD.

private act, for chapter 22, see section 207A.

private place, for chapter 22, see section 207A.

prohibited symbol see section 52C(1).

prohibited visual recording, for part 4, chapter 22, see section 207A.

property includes—

(a)every thing animate or inanimate that is capable of being the subject of ownership; and

(b)money; and

(c)electrical or other energy, gas and water; and

(d)a plant; and

(e)an animal that is—

(i)a tame animal, whether or not naturally tame; or

(ii)an untamed animal of a type that, if kept, is usually kept confined; or

(iii)an untamed animal in a person’s possession or being pursued for return to possession after escape; and

(f)a thing produced by an animal mentioned in paragraph (e); and

(g)any other property real or personal, legal or equitable, including things in action and other intangible property.

property, of a person, for chapter 33A, see section 359A.

prosecution—

(a)for chapter 62, chapter division 3, see section 590AD; or

(b)for chapter 62, chapter division 4A, see section 590E.

prostitution ...

publication, for chapter 22, see section 207A.

public officer means a person other than a judicial officer, whether or not the person is remunerated—

(a)discharging a duty imposed under an Act or of a public nature; or

(b)holding office under or employed by the Crown;

and includes, whether or not the person is remunerated—

(c)a person employed to execute any process of a court; and

(d)a public service employee; and

(e)a person appointed or employed under any of the following Acts—

(i)the Police Service Administration Act 1990;

(ii)the Transport Infrastructure Act 1994; and

(f)a member, officer, or employee of an authority, board, corporation, commission, local government, council, committee or other similar body established for a public purpose under an Act.

public place, for chapter 23, see section 230A.

race see the Anti-Discrimination Act 1991, schedule 1.

rail GOC ...

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

railway includes every kind of way on which vehicles are borne upon a rail or rails, whatever may be the means of propulsion.

recognised offender, for part 2, chapter 9A, see section 77.

record means any thing or process—

(a)on or by which information is recorded or stored; or

(b)by means of which sounds, images, writings, messages or anything else having meaning can be conveyed in any way in a visible or recoverable form;

even if the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.

recorded statement, for chapter 62, chapter division 3, see section 590AD.

registered brand and registered mark mean respectively a brand or mark which is registered under the authority of the laws relating to brands and each such registered brand or registered mark shall for the purposes of this Code be deemed to be the registered brand or registered mark respectively of the person in whose name such brand or mark is registered.

However, where such brand or mark is registered in the names of 2 or more persons such registered brand or registered mark shall for the purposes of this Code be deemed to be the registered brand or registered mark respectively of each of such persons.

registrar, for chapter 67, see section 668(1).

relevant charge, for chapter 62, chapter division 3, see section 590AD.

relevant offence, for part 2, chapter 9A, see section 77.

relevant proceeding, for chapter 62, chapter division 3, see section 590AD.

religious confession, for part 4, chapter 22, see section 207A.

sensitive evidence, for chapter 62, chapter division 3, see section 590AF.

sentence, for chapter 67, see section 668(1).

serious disease means a disease that would, if left untreated, be of such a nature as to—

(a)cause or be likely to cause any loss of a distinct part or organ of the body; or

(b)cause or be likely to cause serious disfigurement; or

(c)endanger or be likely to endanger life, or to cause or be likely to cause permanent injury to health;

whether or not treatment is or could have been available.

sex characteristics see the Anti-Discrimination Act 1991, schedule 1.

sexual act ...

sexuality see the Anti-Discrimination Act 1991, schedule 1.

ship includes every kind of vessel used in navigation not propelled by oars.

someone, for chapter 22, see section 207A.

spent conviction ...

sporting contingency, for chapter 43, see section 443.

sporting event, for chapter 43, see section 443.

stalked person, for chapter 33A, see section 359B(a).

statement, for chapter 62, chapter division 3, see section 590AD.

state of undress, for chapter 22, see section 207A.

stock means any of the following animals or their young—

(a)horse, asses, mules or camels;

(b)cattle, oxen or buffalo;

(c)sheep;

(d)swine;

(e)deer;

(f)goats.

subsequent appeal, for chapter 67, see section 668(1).

summary conviction means summary conviction before a Magistrates Court.

tainted acquittal, for chapter 68, see section 678E.

telegram and thing sent by telegraph ...

telegraph ...

the offender can not be arrested without warrant see section 5(3).

the offender may be arrested without warrant see section 5(1).

thing sent by post ...

trial includes a proceeding wherein a person is to be sentenced.

unauthorised or unreasonable surveillance, of a person, for chapter 29A, see section 334A.

uncorroborated testimony means testimony which is not corroborated in some material particular by other evidence implicating the accused person.

unlawful game, for chapter 23, see section 230A.

unlawful stalking, intimidation, harassment or abuse, for chapter 33A, see sections 359B and 359D.

utter means and includes using or dealing with, and attempting to use or deal with, and attempting to induce any person to use, deal with, or act upon, the thing in question.

vagina includes a surgically constructed vagina, whether provided for a male or female.

valuable security includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property.

vehicle includes—

(a)a motor vehicle, train, aircraft, or vessel; or

(b)anything else used or to be used to carry persons or goods from place to place.

vessel includes a ship, or boat, and every other kind of vessel used in navigation.

view, for chapter 62, chapter division 3, see section 590AD.

visually record, for chapter 22, see section 207A.

vulva includes a surgically constructed vulva, whether provided for a male or female.

woman includes any female.

writing includes any way of representing or reproducing in a visible form any word, inscription, signature or other mark.

2   Definition of offence

An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence.

3   Division of offences

(1)Offences are of 2 kinds, namely, criminal offences and regulatory offences.

(2)Criminal offences comprise crimes, misdemeanours and simple offences.

(3)Crimes and misdemeanours are indictable offences; that is to say, the offenders can not, unless otherwise expressly stated, be prosecuted or convicted except upon indictment.

(4)A person guilty of a regulatory offence or a simple offence may be summarily convicted by a Magistrates Court.

(5)An offence not otherwise designated is a simple offence.

4   Attempts to commit offences

(1)When a person, intending to commit an offence, begins to put the person’s intention into execution by means adapted to its fulfilment, and manifests the person’s intention by some overt act, but does not fulfil the person’s intention to such an extent as to commit the offence, the person is said to attempt to commit the offence.

(2)It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on the offender’s part for completing the commission of the offence, or whether the complete fulfilment of the offender’s intention is prevented by circumstances independent of his or her will, or whether the offender desists of his or her own motion from the further prosecution of the offender’s intention.

(3)It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

(4)The same facts may constitute one offence and an attempt to commit another offence.

5   Arrest without warrant

(1)The expression the offender may be arrested without warrant means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions (if any) as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case.

(2)Except when otherwise stated, the definition of an offence as a crime imports that the offender may be arrested without warrant.

(3)The expression the offender can not be arrested without warrant means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are not applicable to the crime in question, except subject to such conditions (if any) as to time, place, or circumstance, or as to the person authorised to make the arrest as are specified in the particular case.

6   Meaning of engage in penile intercourse

(1)Penile intercourse is the penetration, to any extent, of the vagina, vulva or anus of a person by the penis of another person.

(2)A person engages in penile intercourse with another person if—

(a)the person penetrates, to any extent, the vagina, vulva or anus of another person with the person’s penis; or

(b)the person’s vagina, vulva or anus is penetrated, to any extent, by the penis of another person.

6A   Meaning of emergency vehicle and related matters

(1)In this Code—

emergency vehicle means—

(a)a motor vehicle being used by an emergency worker in the course of their duties; or

(b)a motor vehicle ordinarily used by emergency workers in the course of their duties.

(2)For a proceeding against a person (the first person) for an offence involving an emergency vehicle, the first person is taken to know a motor vehicle is an emergency vehicle, unless the first person proves otherwise, if—

(a)the vehicle bears the insignia of an emergency services entity or is otherwise clearly marked as a type of emergency vehicle; or

(b)the vehicle is displaying flashing blue and red lights or a flashing blue light; or

(c)a person who is inside, or emerges from, the vehicle identifies themself to the first person as a type of emergency worker.

(3)Subsection (2) does not limit the circumstances in which a person may know, or a person ought reasonably to know, a vehicle is an emergency vehicle.

(4)In this section—

emergency services entity means any of the following entities of Queensland, the Commonwealth or another State—

(a)a police service;

(b)an ambulance service;

(c)a fire brigade, fire service or State emergency service.

Chapter 2 Parties to offences

7   Principal offenders

(1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say—

(a)every person who actually does the act or makes the omission which constitutes the offence;

(b)every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c)every person who aids another person in committing the offence;

(d)any person who counsels or procures any other person to commit the offence.

(2)Under subsection (1)(d) the person may be charged either with committing the offence or with counselling or procuring its commission.

(3)A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

(4)Any person who procures another to do or omit to do any act of such a nature that, if the person had done the act or made the omission, the act or omission would have constituted an offence on the person’s part, is guilty of an offence of the same kind, and is liable to the same punishment, as if the person had done the act or made the omission; and the person may be charged with doing the act or making the omission.

8   Offences committed in prosecution of common purpose

When 2 or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

9   Mode of execution immaterial

(1)When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled, or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

(2)In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by the other person.

10   Accessories after the fact

A person who receives or assists another who is, to the person’s knowledge, guilty of an offence, in order to enable the person to escape punishment, is said to become an accessory after the fact to the offence.

10A   Interpretation of ch 2

(1)Under section 7, a person’s criminal responsibility extends to any offence that, on the evidence admissible against him or her, is either the offence proved against the person who did the act or made the omission that constitutes that offence or any statutory or other alternative to that offence.

(2)Under section 8, a person’s criminal responsibility extends to any offence that, on the evidence admissible against him or her, is a probable consequence of the prosecution of a common intention to prosecute an unlawful purpose, regardless of what offence is proved against any other party to the common intention.

(3)This section does not limit any other provision of this chapter.

Chapter 3 Application of criminal law

11   Effect of changes in law

(1)A person can not be punished for doing or omitting to do an act unless the act or omission constituted an offence under the law in force when it occurred; nor unless doing or omitting to do the act under the same circumstances would constitute an offence under the law in force at the time when the person is charged with the offence.

(2)If the law in force when the act or omission occurred differs from that in force at the time of the conviction, the offender can not be punished to any greater extent than was authorised by the former law, or to any greater extent than is authorised by the latter law.

12   Application of Code as to offences wholly or partially committed in Queensland

(1)This Code applies to every person who does an act in Queensland or makes an omission in Queensland, which in either case constitutes an offence.

(2)Where acts or omissions occur which, if they all occurred in Queensland, would constitute an offence and any of the acts or omissions occur in Queensland, the person who does the acts or makes the omissions is guilty of an offence of the same kind and is liable to the same punishment as if all the acts or omissions had occurred in Queensland.

(3)Where an event occurs in Queensland caused by an act done or omission made out of Queensland which, if done or made in Queensland, would constitute an offence, the person who does the act or makes the omission is guilty of an offence of the same kind and is liable to the same punishment as if the act or omission had occurred in Queensland.

(3A)It is a defence to prove that the person did not intend that the act or omission should have effect in Queensland.

(4)Where an event occurs out of Queensland caused by an act done or omission made in Queensland, which act or omission would constitute an offence had the event occurred in Queensland, the person who does the act or makes the omission is guilty of an offence of the same kind and is liable to the same punishment as if the event had occurred in Queensland.

(5)This section does not extend to a case where the only material event that occurs in Queensland is the death in Queensland of a person whose death is caused by an act done or an omission made out of Queensland at a time when the person was out of Queensland.

13   Offences enabled, aided, procured or counselled by persons out of Queensland

(1)Any person who while out of Queensland—

(a)does or omits to do an act for the purpose of enabling or aiding another person to commit an offence that is actually committed in Queensland; or

(b)aids another person in committing an offence that is actually committed in Queensland; or

(c)counsels or procures another person to commit an offence that is actually committed in Queensland;

is guilty of an offence of the same kind and is liable to the same punishment as if the person had committed the offence in Queensland.

(2)Any person who while out of Queensland procures another to do or omit to do in Queensland an act of such a nature that, if the person had done the act or made the omission in Queensland, the person would have been guilty of an offence is guilty of an offence of the same kind and is liable to the same punishment as if the person had done the act or made the omission in Queensland.

14   Offences procured in Queensland to be committed out of Queensland

Any person who while in Queensland procures another to do an act or make an omission at a place not in Queensland of such a nature that, if the person had done the act or made the omission in Queensland, the person would have been guilty of an offence, and that, if the person had done the act or made the omission, the person would have been guilty of an offence under the laws in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Queensland, but so that the punishment does not exceed that which the person would have incurred under the laws in force in the place where the act was done or the omission was made, if the person had done the act or made the omission.

14A   [Repealed]

15   Defence Force

Officers and other members of the Australian Defence Force are, while on duty or in uniform, subject to the special laws relating to that Force, but are not exempt from the provisions of this Code.

16   Person not to be twice punished for same offence

A person can not be twice punished either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof the person causes the death of another person, in which case the person may be convicted of the offence of which the person is guilty by reason of causing such death, notwithstanding that the person has already been convicted of some other offence constituted by the act or omission.

17   Former conviction or acquittal

It is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment on which the person might have been convicted of the offence with which the person is charged, or has already been acquitted upon indictment, or has already been convicted, of an offence of which the person might be convicted upon the indictment or complaint on which the person is charged.

Note—

See sections 678B, 678BA and 678C for when this section does not apply to the charge mentioned in those sections.

Chapter 4 Royal prerogative of mercy

18   Royal prerogative of mercy

This Code does not affect the Royal prerogative of mercy.

19   [Repealed]

20   [Repealed]

21   [Repealed]

Chapter 5 Criminal responsibility

22   Ignorance of the law—bona fide claim of right

(1)Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence.

(2)But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by the person with respect to any property in the exercise of an honest claim of right and without intention to defraud.

(3)A person is not criminally responsible for an act or omission done or made in contravention of a statutory instrument if, at the time of doing or making it, the statutory instrument was not known to the person and had not been published or otherwise reasonably made available or known to the public or those persons likely to be affected by it.

(4)In this section—

publish—

(a)in relation to a statutory instrument that is subordinate legislation—means notify in accordance with section 47 (Notification) of the Statutory Instruments Act 1992; and

(b)in relation to a statutory instrument that is not subordinate legislation—means publish in the gazette.

23   Intention—motive

(1)Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for—

(a)an act or omission that occurs independently of the exercise of the person’s will; or

(b)an event that—

(i)the person does not intend or foresee as a possible consequence; and

(ii)an ordinary person would not reasonably foresee as a possible consequence.

Note—

Parliament, in amending subsection (1)(b) by the Criminal Code and Other Legislation Amendment Act 2011, did not intend to change the circumstances in which a person is criminally responsible.

(1A)However, under subsection (1)(b), the person is not excused from criminal responsibility for death or grievous bodily harm that results to a victim because of a defect, weakness, or abnormality.

(2)Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

(3)Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

24   Mistake of fact

(1)A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as the person believed to exist.

(2)The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

25   Extraordinary emergencies

Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

26   Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

27   Insanity

(1)A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission the person is in such a state of mental disease or natural mental infirmity as to deprive the person of capacity to understand what the person is doing, or of capacity to control the person’s actions, or of capacity to know that the person ought not to do the act or make the omission.

(2)A person whose mind, at the time of the person’s doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of subsection (1), is criminally responsible for the act or omission to the same extent as if the real state of things had been such as the person was induced by the delusions to believe to exist.

28   Intoxication

(1)The provisions of section 27 apply to the case of a person whose mind is disordered by intoxication or stupefaction caused without intention on his or her part by drugs or intoxicating liquor or by any other means.

(2)They do not apply to the case of a person who has, to any extent intentionally caused himself or herself to become intoxicated or stupefied, whether in order to afford excuse for the commission of an offence or not and whether his or her mind is disordered by the intoxication alone or in combination with some other agent.

(3)When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed.

29   Immature age

(1)A person under the age of 10 years is not criminally responsible for any act or omission.

(2)A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission the person had capacity to know that the person ought not to do the act or make the omission.

30   Judicial officers

Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by the judicial officer in the exercise of the officer’s judicial functions, although the act done is in excess of the officer’s judicial authority, or although the officer is bound to do the act omitted to be done.

31   Justification and excuse—compulsion

(1)A person is not criminally responsible for an act or omission, if the person does or omits to do the act under any of the following circumstances, that is to say—

(a)in execution of the law;

(b)in obedience to the order of a competent authority which he or she is bound by law to obey, unless the order is manifestly unlawful;

(c)when the act is reasonably necessary in order to resist actual and unlawful violence threatened to the person, or to another person in the person’s presence;

(d)when—

(i)the person does or omits to do the act in order to save himself or herself or another person, or his or her property or the property of another person, from serious harm or detriment threatened to be inflicted by some person in a position to carry out the threat; and

(ii)the person doing the act or making the omission reasonably believes he or she or the other person is unable otherwise to escape the carrying out of the threat; and

(iii)doing the act or making the omission is reasonably proportionate to the harm or detriment threatened.

(2)However, this protection does not extend to an act or omission which would constitute the crime of murder, or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, nor to a person who has by entering into an unlawful association or conspiracy rendered himself or herself liable to have such threats made to the person.

(3)Whether an order is or is not manifestly unlawful is a question of law.

32   [Repealed]

33   [Repealed]

34   Offences by partners and members of companies with respect to partnership or corporate property

A person who, being a member of a co-partnership, corporation, or joint stock company, does or omits to do any act with respect to the property of the co-partnership, corporation, or company, which, if the person were not a member of the co-partnership, corporation, or company, would constitute an offence, is criminally responsible to the same extent as if the person were not such member.

35   [Repealed]

36   Application of rules

(1)The provisions of this chapter apply to all persons charged with any criminal offence against the statute law of Queensland.

(2)Except for sections 22(3), 29 and 31, this chapter does not apply to regulatory offences.

Chapter 6 [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

Part 2    Offences against public order

Chapter 7 Sedition

44   Definition of seditious intention

An intention to effect any of the following purposes, that is to say—

(a)to bring the Sovereign into hatred or contempt;

(b)to excite disaffection against the Sovereign or the Government or Constitution of the United Kingdom or of Queensland as by law established, or against either House of Parliament of the United Kingdom or of Queensland, or against the administration of justice;

(c)to excite the Sovereign’s subjects to attempt to procure the alteration of any matter in the State as by law established otherwise than by lawful means;

(d)to raise discontent or disaffection amongst the Sovereign’s subjects;

(e)to promote feelings of ill will and enmity between different classes of the Sovereign’s subjects;

is a seditious intention, unless it is justified by the provisions of section 45.

45   Innocent intentions

It is lawful for any person—

(a)to endeavour in good faith to show that the Sovereign has been mistaken in any of the Sovereign’s counsels; or

(b)to point out in good faith errors or defects in the government or Constitution of the United Kingdom or of Queensland as by law established, or in legislation, or in the administration of justice, with a view to the reformation of such errors or defects; or

(c)to excite in good faith the Sovereign’s subjects to attempt to procure by lawful means the alteration of any matter in the State as by law established; or

(d)to point out in good faith in order to their removal any matters which are producing or have a tendency to produce feelings of ill will and enmity between different classes of the Sovereign’s subjects.

46   Definition of seditious enterprises etc.

(1)A seditious enterprise is an enterprise which is undertaken in order to the carrying out of a seditious intention.

(2)Seditious words are words expressive of a seditious intention.

(3)In this Code—

seditious writing includes anything intended to be read, and any sign or visible representation, which is expressive of a seditious intention.

47   [Repealed]

48   [Repealed]

49   [Repealed]

50   [Repealed]

51   Unlawful drilling

(1)Any person who—

(a)in contravention of the directions under a regulation, trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or

(b)is present at any meeting or assembly of persons held in contravention of the directions of any such proclamation, for the purpose of there training or drilling any other person to the use of arms or the practice of military exercises, movements, or evolutions;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)Any person who, at any meeting or assembly held in contravention of the directions under a regulation, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2A)The offender may be arrested without warrant.

(3)A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

52   Sedition

(1)Any person who—

(a)conspires with any person to carry into execution a seditious enterprise; or

(b)advisedly publishes any seditious words or writing;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)If the person has been previously convicted of any such offence the person is guilty of a crime, and is liable to imprisonment for 7 years.

(3)A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

(4)A person can not be convicted of any of the offences defined in this section upon the uncorroborated testimony of 1 witness.

Chapter 7A Serious vilification and prohibited symbols

52A   Offence of serious racial, religious, sexuality, sex characteristics or gender identity vilification

(1)A person must not, by a public act, knowingly or recklessly incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality, sex characteristics or gender identity of the person or members of the group in a way that includes—

(a)threatening physical harm towards, or towards any property of, the person or group of persons; or

(b)inciting others to threaten physical harm towards, or towards any property of, the person or group of persons.

Maximum penalty—3 years imprisonment.

(2)In this section—

public act—

(a)includes—

(i)any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and

(ii)any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but

(b)does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.

52B   Circumstances of aggravation for particular offences

(1)It is a circumstance of aggravation for a prescribed offence that the offender was wholly or partly motivated to commit the offence by hatred or serious contempt for a person or group of persons based on—

(a)in relation to a person—the race, religion, sexuality, sex characteristics or gender identity of the person, or presumed race, religion, sexuality, sex characteristics or gender identity of the person; or

(b)in relation to a group of persons—the race, religion, sexuality, sex characteristics or gender identity shared, or presumed to be shared, by the members of the group.

(2)In this section—

prescribed offence means an offence against any of the following sections—

(a)section 69;

(b)section 75;

(c)section 207;

(d)section 335;

(e)section 339;

(f)section 359;

(g)section 359E;

(h)section 469.

52C   Prohibited symbols

(1)A prohibited symbol is a symbol or image—

(a)prescribed by regulation for this section; or

(b)that so nearly resembles a symbol referred to in paragraph (a) that it is likely to be confused with or mistaken for that symbol.

(2)A regulation under subsection (1)(a)—

(a)must prescribe the symbol or image as a graphic representation of the symbol or image; and

(b)may not prescribe the symbol or image by describing a class of symbols or images.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied the symbol or image—

(a)is widely known by the public as being solely or substantially representative of an ideology of extreme prejudice against a relevant group; or

(b)is widely known by members of a relevant group as being solely or substantially representative of an ideology of extreme prejudice against that group.

(4)Also, the Minister must, before making the recommendation, consult with each of the following persons about the proposed recommendation—

(a)the chairperson of the Crime and Corruption Commission;

(b)the Human Rights Commissioner under the Anti-Discrimination Act 1991;

(c)the commissioner of the police service under the Police Service Administration Act 1990.

(5)In this section—

relevant group means a group of persons who identify with each other on the basis of an attribute or characteristic that is, or is based on, the race, religion, sexuality, sex characteristics or gender identity of the persons.

52D   Display, distribution or publication of prohibited symbols

(1)A person who publicly distributes, publishes or publicly displays a prohibited symbol in a way that might reasonably be expected to cause a member of the public to feel menaced, harassed or offended, commits an offence, unless the person has a reasonable excuse.

Maximum penalty—70 penalty units or 6 months imprisonment.

(2)Without limiting what may be a reasonable excuse for subsection (1), a person has a reasonable excuse if—

(a)any of the following apply—

(i)the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, religious, educational, historical, legal or law enforcement purpose;

(ii)the person engaged in the conduct that is alleged to constitute the offence for a purpose that is in the public interest;

Examples for subparagraph (ii)—

•publication of a fair and accurate report of an event or matter of public interest

•a genuine political or other genuine public dispute or issue carried on in the public interest

(iii)the person engaged in the conduct that is alleged to constitute the offence in opposition to the ideology represented by the prohibited symbol; and

(b)the person’s conduct was, in the circumstances, reasonable for that purpose.

(3)An evidential burden is placed on the defendant in relation to showing a reasonable excuse for subsection (1).

(4)For subsection (1), a person publicly displays a prohibited symbol if the person—

(a)displays the symbol—

(i)in a place that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(ii)in a place the occupier of which allows, whether or not on payment of money, members of the public to enter; or

(b)displays the symbol in a way that is visible from a place mentioned in paragraph (a).

(5)To remove any doubt, it is declared that, for subsection (1)—

(a)the offence is committed at the time when the person distributes, publishes or displays the prohibited symbol; and

(b)it is irrelevant whether or not a member of the public has seen the prohibited symbol because of the distribution, publication or display.

Chapter 8 Offences against the executive and legislative power

53   Evidence of proceedings in the Assembly allowed for prosecution

(1)Despite the Parliament of Queensland Act 2001, section 8, evidence of anything said or done during proceedings in the Assembly may be given in a proceeding against a person for an offence under this chapter to the extent necessary to prosecute the person for the offence.

(2)Subsection (1) does not limit the Parliament of Queensland Act 2001, section 36.

(3)In this section—

proceedings in the Assembly see the Parliament of Queensland Act 2001, section 9 and schedule.

54   Interference with Governor or Ministers

(1)Any person who—

(a)does any act with intention to interfere with the free exercise by the Governor of the duties or authority of the Governor’s office; or

(b)does any act with intention to interfere with the free exercise by a member of the Executive Council of the duties or authority of the member’s office as a member of the Executive Council or as a Minister of State;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

54A   Demands with menaces upon agencies of government

(1)Any person who demands that anything be done or omitted to be done or be procured by—

(a)the Government of Queensland or a person in the employment of the Crown in right of Queensland, in performance of the duties of the person’s employment or otherwise in the person’s official capacity; or

(b)the Governor, in his or her role of Governor; or

(c)a Minister of the Crown, in his or her office as Minister or as a member of the Executive Council of Queensland; or

(d)a government corporation, in discharge of its functions conferred by law, or a person in the employment of a government corporation, in performance of the duties of the person’s employment or otherwise in the person’s official capacity;

with threats of detriment of any kind to be caused to any person aforesaid or any other person or to the public or any member or members of the public or to property, by the offender or by any other person, if the demand is not complied with is guilty of a crime and is liable to imprisonment for 14 years.

(2)A person is not criminally responsible for an act referred to in subsection (1) if the detriment is threatened to himself or herself only or to property of which the person is the sole owner.

(3)It is immaterial to the commission of an offence defined in this section that—

(a)the demand or threat is made by means of a medium ordinarily used for disseminating information to the public and not to a particular person; or

(b)the threat does not specify the detriment that is to be caused or the person or persons to whom or the property to which it is to be caused.

(4)If the carrying out of the threat would be likely to cause—

(a)loss of life or serious personal injury to any person; or

(b)substantial economic loss—

(i)to the Crown; or

(ii)to a government corporation; or

(iii)in any industrial or commercial activity whether conducted by a public authority or as a private enterprise;

the offender is liable to imprisonment for life and if, in addition, the offender or another person on the offender’s behalf has carried out the threat and thereby caused a consequence specified in this subsection or has by some overt act begun to prepare for the carrying out of the threat, the offender is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992.

(5)A prosecution for an offence defined in this section shall not be commenced without the consent of the Attorney-General.

(6)For the purposes of this section—

detriment includes destruction of or damage to—

(a)flora or fauna protected by or under an Act; or

(b)any place, thing or living creature or plant that by reason of its cultural, educational, environmental, historical, recreational, religious or scientific significance is of substantial public interest or concern;

and, in the absence of proof that any such item destroyed or damaged was or is the property of a particular person, shall be deemed to be detriment to the Crown.

government corporation means any body corporate or corporation sole constituted by or under an Act that represents the Crown or that is declared under a regulation to be a government corporation for the purposes of this section.

55   Interference with the Legislature

(1)Any person who, by force or fraud, intentionally interferes or attempts to interfere with the free exercise by the Legislative Assembly of its authority, or with the free exercise by any member of the Legislative Assembly of the member’s duties or authority as such member, or as a member of a committee of the Legislative Assembly is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

(2)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

56   Disturbing the Legislature

(1)A person who, while the Legislative Assembly is in session, intentionally—

(a)disturbs the Assembly; or

(b)commits any disorderly conduct in the immediate view and presence of the Assembly, tending to interrupt its proceedings or to impair the respect due to its authority;

commits a misdemeanour.

Maximum penalty—3 years imprisonment.

(2)A person may be arrested without warrant.

56A   Disturbance in House when Parliament not sitting

(1)Any person creating or joining in any disturbance in Parliament House or within the precincts thereof at any time other than during an actual sitting of Parliament therein or at the office or residence of the Governor or of any member of the Legislative Assembly or of the Executive Council shall be guilty of an offence and—

(a)if the person created or joined in such disturbance in Parliament House or within the precincts thereof—may be apprehended without warrant on the verbal order of the Speaker or, in the Speaker’s absence, of the clerk of the Parliament, or of the person for the time being discharging the duties of the office of the clerk of the Parliament, and may be kept in custody by any officer of Parliament or by any police officer; or

(b)if the person created or joined in such disturbance at the office or residence of the Governor or of any member of the Legislative Assembly or of the Executive Council—may be apprehended without warrant on the verbal order of the Governor or, as the case may be, member of the Legislative Assembly or of the Executive Council concerned, and may be kept in custody by any police officer.

(2)Such person may be so kept in custody until the person can be dealt with in the manner following, that is to say—

(a)every such person shall, as soon as reasonably may be, be brought before a magistrate without formal written complaint and there and then charged with such offence and summarily dealt with according to law;

(b)any such person on summary conviction shall be liable to a fine of 100 penalty units or imprisonment for a term not exceeding 2 years.

56B   Going armed to Parliament House

(1)Any person who without lawful excuse being armed enters or is found in Parliament House or in any of the grounds thereof or in any building in or upon such grounds is guilty of an offence and is liable on summary conviction to a fine of 100 penalty units with or without imprisonment for a term not exceeding 2 years.

(1A)The offender may be arrested without warrant.

(2)On the conviction of a person for an offence against subsection (1), any arms found in the person’s possession or under the person’s control are forfeited to the State.

(3)For the purposes of this section—

armed shall mean having in the person’s possession or under the person’s immediate control whether concealed or not—

(a)any firearm whatsoever loaded or unloaded and whether capable of projecting a missile or not; or

(b)any bomb or other explosive matter, machine, or device mechanical or otherwise capable of causing injury to any person or damage to any property or any dangerous or offensive weapon or instrument; or

(c)any corrosive substance;

and the word arms shall have a correlative meaning.

57   False evidence before Parliament

(1)A person who, during an examination before the Legislative Assembly or a committee, knowingly gives a false answer to a lawful and relevant question put to the person during the examination commits a crime.

Maximum penalty—7 years imprisonment.

(2)A person can not be arrested without warrant.

(3)To remove any doubt, it is declared that a member of the Legislative Assembly does not give an answer during an examination before the Legislative Assembly only because the member answers a question during Question Time, a debate or the conduct of other daily business of the Legislative Assembly.

(4)A person can not be convicted of an offence under this section on the uncorroborated testimony of 1 witness.

(5)In this section—

committee see the Parliament of Queensland Act 2001, schedule.

person includes a member of the Legislative Assembly.

proceedings in the Assembly see the Parliament of Queensland Act 2001, section 9 and schedule.

58   Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee

(1)A person who—

(a)fails to attend before the Legislative Assembly as required under the Parliament of Queensland Act 2001, section 29; or

(b)fails to attend before an authorised committee as required under the Parliament of Queensland Act 2001, section 30(4); or

(c)fails to answer a question asked by the Assembly, or to produce a document or other thing to the Assembly, as required under the Parliament of Queensland Act 2001, section 32(6); or

(d)fails to answer a question asked by an authorised committee, or to produce a document or other thing to an authorised committee, as required under the Parliament of Queensland Act 2001, section 33(8);

commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)A person can not be convicted of an offence against subsection (1)(a) or (b) if the Assembly has excused the person for the failure mentioned in the subsection.

(3)In this section—

authorised committee see the Parliament of Queensland Act 2001, schedule.

59   Member of Parliament receiving bribes

(1)Any person who, being a member of the Legislative Assembly, asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person upon any understanding that the person’s vote, opinion, judgment, or action, in the Legislative Assembly, or in any committee thereof, shall be influenced thereby, or shall be given in any particular manner or in favour of any particular side of any question or matter, is guilty of a crime, and is liable to imprisonment for 7 years, and is disqualified from sitting or voting as a member of the Legislative Assembly for 7 years.

(2)The offender can not be arrested without warrant.

60   Bribery of member of Parliament

(1)Any person who—

(a)in order to influence a member of the Legislative Assembly in the member’s vote, opinion, judgment, or action, upon any question or matter arising in the Legislative Assembly or in any committee thereof or in order to induce the member to absent himself or herself from the Assembly or from any such committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, such member, or to, upon, or for, any other person; or

(b)attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a member of the Legislative Assembly in the member’s vote, opinion, judgment, or action, upon any such question or matter, or to induce the member to so absent himself or herself;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)The offender can not be arrested without warrant.

(3)Where a person has been convicted (whether before or after 1 July 1922) of an offence under this section, all property which has been tendered or produced in evidence at the trial of the offender, as being the property or part of the property which the offender in the course of the commission of such offence gave, conferred or procured, or promised or offered to give, or confer or to procure, or attempt to procure, to, upon, or for a member of the Legislative Assembly, or to, upon, or for any other person, shall become and be deemed to have become forthwith upon such conviction and without any further judgment or order the absolute property of the Sovereign, whether such property is the property of the offender or of any other person.

Chapter 9 Breaches of the peace

60A   [Repealed]

60B   [Repealed]

60C   [Repealed]

61   Riot

(1)If—

(a)12 or more persons who are present together (assembled persons) use or threaten to use unlawful violence to a person or property for a common purpose; and

(b)the conduct of them taken together would cause a person in the vicinity to reasonably fear for the person’s personal safety;

each of the assembled persons commits the crime of taking part in a riot.

Maximum penalty—

(a)if the offender causes grievous bodily harm to a person, causes an explosive substance to explode or destroys or starts to destroy a building, vehicle or machinery—life imprisonment; or

(b)if—

(i)the offender is armed with a dangerous or offensive weapon, instrument or explosive substance; or

(ii)property is damaged, whether by the offender or another of the assembled persons—7 years imprisonment; or

(c)otherwise—3 years imprisonment.

(2)For subsection (1)(b), it is immaterial whether there is or is likely to be a person in the vicinity who holds the fear mentioned in the subsection.

(2A)The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

(2B)An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

(3)In this section—

building includes structure.

vehicle means a motor vehicle, train, aircraft or vessel.

62   [Repealed]

63   [Repealed]

64   [Repealed]

65   [Repealed]

66   [Repealed]

67   [Repealed]

68   [Repealed]

69   Going armed so as to cause fear

(1)Any person who goes armed in public without lawful occasion in such a manner as to cause fear to any person is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2)If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 3 years.

(3)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to imprisonment for 3 years.

(4)The offender may be, and it is hereby declared that the offender always was liable to be, arrested without warrant.

(5)In this section—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

70   Forcible entry

(1)Any person who, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, enters on land which is in the actual and peaceable possession of another commits a misdemeanour.

Maximum penalty—2 years imprisonment.

(2)It is immaterial whether the person is entitled to enter on the land or not.

71   Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, against a person entitled by law to the possession of the land commits a misdemeanour.

Maximum penalty—2 years imprisonment.

72   Affray

(1)Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.

Maximum penalty—1 year’s imprisonment.

(2)The Penalties and Sentences Act 1992, section 108B states a circumstance of aggravation for an offence against this section.

73   [Repealed]

74   Prize fight

Any person who fights in a prize fight, or subscribes to or promotes a prize fight, is guilty of a misdemeanour, and is liable to imprisonment for 1 year.

75   Threatening violence

(1)Any person who—

(a)with intent to intimidate or annoy any person, by words or conduct threatens to enter or damage a dwelling or other premises; or

(b)with intent to alarm any person, discharges loaded firearms or does any other act that is likely to cause any person in the vicinity to fear bodily harm to any person or damage to property;

commits a crime.

Maximum penalty—2 years imprisonment.

(2)If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 3 years.

(3)If the offence is committed in the night the offender is guilty of a crime, and is liable to imprisonment for 5 years.

76   Recruiting person to become participant in criminal organisation

(1)A person who—

(a)is a participant in a criminal organisation or is subject to a control order or a registered corresponding control order; and

(b)recruits, or attempts to recruit, another person to become, or associate with, a participant in a criminal organisation;

      commits a misdemeanour.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)In this section—

control order see the Penalties and Sentences Act 1992, section 161N.

recruit, a person to become, or associate with, a participant in a criminal organisation, includes counsel, procure, solicit, incite and induce the person, including by promoting the organisation, to become, or associate with, a participant in the organisation.

registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.

Chapter 9A Consorting

77   Definitions for chapter

In this chapter—

consort see section 77A.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

recognised offender means an adult who has a recorded conviction, other than a spent conviction, for a relevant offence (whether on indictment or summary conviction).

relevant offence means—

(a)an indictable offence for which the maximum penalty is at least 5 years imprisonment, including an offence against a repealed provision of an Act; or

(b)an offence against—

(i)any of the following provisions of this Code—

•section 61(1), if the penalty, paragraph (c) applies

•section 69

•section 75

•section 77B

•section 130

•section 317A(2)

•section 327

•section 355

•section 408D

•section 413

•section 414; or

(ii)any of the following provisions of the Weapons Act 1990—

•section 50(1), if the penalty, paragraph (c)(ii) or (iii) applies

•section 50B(1), if the penalty, paragraph (c)(iii) applies

•section 57(3) or (4)

•section 58

•section 61

•section 62

•section 63

•section 69(1A), if the penalty, paragraph (c) applies

•section 151B

•section 151D; or

(c)an offence against the law of another State or the Commonwealth, or a place outside Australia, that, if the offence had been committed in Queensland, would be a relevant offence under paragraph (a) or (b); or

(d)an offence against either of the following provisions—

•the Criminal Code (Cwlth), section 102.8

•the Crimes Act 1900 (NSW), section 310J.

77A   Meaning of consort

(1)A person consorts with another person if the person associates with the other person in a way that involves seeking out, or accepting, the other person’s company.

(2)For subsection (1), the person’s association with the other person need not have a purpose related to criminal activity.

(3)Also, for subsection (1), it does not matter whether the person’s association with the other person happens in person or in another way, including, for example, electronically.

77B   Habitually consorting with recognised offenders

(1)A person commits a misdemeanour if—

(a)the person habitually consorts with at least 2 recognised offenders, whether together or separately; and

(b)at least 1 occasion on which the person consorts with each recognised offender mentioned in paragraph (a) happens after the person has been given an official warning for consorting in relation to the offender.

Maximum penalty—300 penalty units or 3 years imprisonment.

(2)For subsection (1), a person does not habitually consort with a recognised offender unless the person consorts with the offender on at least 2 occasions.

(a)review the operation of the consorting provisions; and

(b)prepare, and give the Minister, a written report on the outcome of the review.

(2)The terms of reference for the review are the terms decided by the Minister.

(3)Without limiting subsection (2), the terms of reference for the review must state the following matters—

(a)the object of the review is for the reviewer to decide whether the consorting provisions have been effective in disrupting serious and organised crime;

(b)if the reviewer decides the consorting provisions have not been effective in disrupting serious and organised crime, the reviewer must recommend any amendments of the provisions the reviewer considers necessary to improve the effectiveness of the provisions;

(c)in conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by the consorting provisions.

Examples of a demographic—

Aboriginal people, Torres Strait Islanders, homeless people, drug dependent people

(4)The Minister must, within 14 sitting days after receiving the reviewer’s report for the review, table a copy of the report in the Legislative Assembly.

(5)In this section—

consorting provisions means—

(a)part 2, chapter 9A; and

(b)the following provisions of the Police Powers and Responsibilities Act 2000—

•section 30(i)

•section 32(2)(b)

•section 41(p)

•section 41A

•section 43B

•chapter 2, part 6A

•section 60(3)(k).

retired judge means—

(a)a retired Supreme Court judge; or

(b)a retired District Court judge.

737   Regulation made by the Serious and Organised Crime Legislation Amendment Act 2016

(1)This section applies to the regulation made by the Serious and Organised Crime Legislation Amendment Act 2016, section 494 and schedule 2.

(2)The regulation is subordinate legislation.

(3)The Statutory Instruments Act 1992, part 6 does not apply to the regulation.

738   Offences against ss 60A and 60B charged before repeal

(1)This section applies if—

(a)a person was charged with an offence against section 60A or 60B before the section was repealed; and

(b)at the time of the repeal, the proceeding for the offence had not been finally decided.

(2)The proceeding for the offence may be continued, and the person may be punished for the offence, as if the section had not been repealed.

(3)To remove any doubt, it is declared that section 11 does not limit subsection (2).

Chapter 97 Transitional provision for Criminal Law Amendment Act 2017

739   Application of amendment Act

(1)This Code, as amended by the amendment Act, section 10, applies to a proceeding for an offence only if the offence was committed after the commencement of that section.

(2)In this section—

amendment Act means the Criminal Law Amendment Act 2017.

Chapter 98 Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017

740   Protected counselling communications

(1)Section 590APA applies to a proceeding for an offence only if an originating step for the proceeding is taken on or after the commencement, whether the act or omission constituting the offence happened before or after the commencement.

(2)In this section—

originating step, for a proceeding, means—

(a)the arrest of the defendant in the proceeding; or

(b)the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c)the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.

Chapter 99 Transitional provision for Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Act 2017

741   Application of s 552H

A court may impose the penalty mentioned in section 552H(1)(a) for an offence committed before the commencement.

Chapter 100 Transitional provision for Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act 2019

742   Application of s 229AA

Section 229AA applies to an offender convicted of an offence against section 227A(1) or (2) or 227B(1) after the commencement, even if the offence was committed, or the offender was charged with the offence, before the commencement.

Chapter 101 Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act 2020

743   Saving of former s 205A

(1)Former section 205A continues to apply, as if part 4 of the amending Act had not commenced, in relation to an offence against the section committed before the commencement.

(2)In this section—

amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020.

former section 205A means section 205A as in force from time to time before it was amended by part 4 of the amending Act.

Chapter 102 Transitional and declaratory provisions for Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020

Chapter division 1 Provisions commencing on day after assent

744   Application of repealed s 212

(1)Repealed section 212 is taken always to have applied as if the limitation provision of the section were not, and had never been, in force.

(2)To remove any doubt, it is declared that any immunity from prosecution acquired because of the limitation provision of repealed section 212 is abolished.

(3)In this section—

1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 13.

limitation provision, of repealed section 212, means the provision of repealed section 212 that limited the period within which a prosecution for either of the offences defined in the section must be begun.

repealed section 212 means section 212 as in force from time to time before the commencement of the 1989 amendment.

745   Application of former s 215

(1)Former section 215 is taken always to have applied as if the limitation provision of the section were not, and had never been, in force.

(2)To remove any doubt, it is declared that any immunity from prosecution acquired because of the limitation provision of former section 215 is abolished.

(3)However, subsections (1) and (2) do not apply in relation to the limitation provision of former section 215 to the extent it applied, from time to time before the commencement of the 1976 amendment, to a prosecution for an offence in relation to a girl of 16 years.

(4)In this section—

1976 amendment means the Criminal Code Amendment Act 1976, section 19.

1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 14.

former section 215 means section 215 as in force from time to time before the commencement of the 1989 amendment.

limitation provision, of former section 215, means the provision of former section 215 that limited the period within which a prosecution for either of the offences firstly defined in the section must be begun.

746   Application of s 229B to acts done before 3 July 1989

(1)Section 229B as in force on the commencement of this section applies, and is taken always to have applied, in relation to acts done before the commencement of the 1989 amendment.

(2)For applying section 229B under subsection (1), the section applies, and is taken always to have applied, as if—

(a)the maximum penalty under section 229B(1) were—

(i)if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

(ii)if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 5 years or more but less than 14 years—14 years imprisonment; or

(iii)otherwise—7 years imprisonment; and

(b)the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

(i)defined in a provision of this Code as in force from time to time before the commencement of the 1989 amendment; and

(ii)constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

(3)Subsection (1) does not apply in relation to an act done before the commencement of the 1989 amendment if, before the commencement of this section, the act was the subject of a charge of an offence, whether or not the charge was finally dealt with.

(4)In this section—

1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 23.

747   Application of s 229B during period 3 July 1989 to 30 April 2003

(1)Section 229B as in force on the commencement of this section applies, and is taken always to have applied, during the following periods—

(a)the period starting on the commencement of the 1989 amendment and ending immediately before the commencement of the 1997 amendment;

(b)the period starting on the commencement of the 1997 amendment and ending immediately before the commencement of the 2003 amendment.

(2)For applying section 229B under subsection (1)(a), the section applies, and is taken always to have applied, as if—

(a)the maximum penalty under section 229B(1) were—

(i)if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

(ii)if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 5 years or more but less than 14 years—14 years imprisonment; or

(iii)otherwise—7 years imprisonment; and

(b)the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

(i)defined in a provision of this Code as in force from time to time before the commencement of the 1997 amendment; and

(ii)constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

(3)For applying section 229B under subsection (1)(b), the section applies, and is taken always to have applied, as if—

(a)the maximum penalty under section 229B(1) were—

(i)if in the course of the unlawful sexual relationship the adult committed an unlawful sexual act for which the adult is liable to imprisonment for 14 years or more—life imprisonment; or

(ii)otherwise—14 years imprisonment; and

(b)the reference in section 229B(10), definition offence of a sexual nature to an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352 included a reference to an offence—

(i)defined in a provision of this Code as in force from time to time before the commencement of the 2003 amendment; and

(ii)constituted by an act that would, if committed on the commencement of this section, constitute an offence defined in a section mentioned in that definition.

(4)If an adult has been charged, before the commencement of this section, with committing an offence against section 229B over a period that includes any part of a period mentioned in subsection (1)(a) or (b), subsection (1) does not apply in relation to the period the subject of the charge for—

(a)the proceeding for the offence; or

(b)any appeal against a conviction or sentence for the offence.

(5)Also, section 229B as applied under subsection (1) does not apply in relation to an act done during a period mentioned in subsection (1)(a) or (b) if, before the commencement of this section, the act was the subject of a charge of an offence, whether or not the charge was finally dealt with.

(6)In this section—

1989 amendment means the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 23.

1997 amendment means the Criminal Law Amendment Act 1997, section 33.

2003 amendment means the Sexual Offences (Protection of Children) Amendment Act 2003, section 18.

748   Proceedings for offences against s 229B

(1)This section applies in relation to an offence committed by a person against section 229B as applied under section 746 or 747.

(2)A proceeding for the offence may be started, and the person may be convicted of and punished for the offence, as if section 229B had always applied in the way provided for under section 746 or 747.

(3)This section applies despite section 11 and the Acts Interpretation Act 1954, section 20C.

749   Application of former s 218B to certain conduct

(1)If conduct constituting an offence against former section 218B started before the commencement and continues after the commencement, former section 218B continues to apply in relation to all of the conduct constituting the offence.

(2)In this section—

former section 218B means section 218B as in force from time to time before the commencement.

750   Application of amended ss 668A and 669A

(1)Section 668A, as amended by the amending Act, applies in relation to the referral, after the commencement, of a point of law mentioned in section 668A(1), whether the direction or ruling in relation to which the point of law has arisen was given before, or is given after, the commencement.

(2)Section 669A, as amended by the amending Act, applies in relation to the making of an appeal, after the commencement, against an order staying proceedings or further proceedings on an indictment, whether the order was made before, or is made after, the commencement.

(3)In this section—

amending Act means the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020.

Chapter division 2 Provision commencing by proclamation

751   Application of s 229BC

Section 229BC applies to an adult in relation to information gained on or after the commencement whether the information relates to an alleged offence believed to have been committed by an alleged offender before or after the commencement.

Chapter 103 Transitional provisions for Justice and Other Legislation Amendment Act 2020

752   Application of s 359E(4)

(1)Section 359E(4), as amended under the Justice and Other Legislation Amendment Act 2020, applies to the crime of unlawful stalking whether any of the acts constituting the unlawful stalking have been done before or after the commencement.

(2)This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).

753   Application of ch 58A before and after amendment to particular charges

(1)Chapter 58A, as in force immediately before the commencement, continues to apply in relation to a charge for an offence if an originating step for the proceeding for the charge was taken before the commencement.

(2)Chapter 58A, as amended under the Justice and Other Legislation Amendment Act 2020, applies in relation to a charge for an offence if—

(a)no originating step for the proceeding for the charge was taken before the commencement; and

(b)an originating step for the proceeding for the charge is taken on or after the commencement.

(3)For subsection (2), it does not matter when the offence was committed.

(4)In this section—

originating step, for a proceeding, means—

(a)the arrest of the defendant in the proceeding; or

(b)the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c)the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.

Chapter 104 Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021

754   Offences charged before or after the commencement

(1)Despite the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021, the former provisions continue to apply in relation to a person charged with an offence before the commencement.

(2)The new provisions apply in relation to a person charged with an offence after the commencement, whether the charge is for an offence committed before or after the commencement.

(3)In this section—

former provisions means the provisions of this Code as in force from time to time before the commencement.

new provisions means the provisions of this Code as in force from the commencement.

Chapter 105 Transitional provision for Evidence and Other Legislation Amendment Act 2022

755   Existing relevant proceedings

(1)This section applies in relation to a relevant proceeding started, but not finally decided, before the commencement.

(2)Subsection (3) applies in relation to the relevant proceeding if, before the commencement—

(a)a request was made to the prosecution under section 590AS(3) to allow an appropriate person to view or examine original evidence that is the body of a deceased person; or

(b)the court hearing the proceeding made a direction under section 590AS(4) in relation to viewing and examining original evidence that is the body of a deceased person; or

(c)the accused person applied to the court for a direction mentioned in paragraph (b).

(3)Section 590AS, as in force from time to time before the commencement, continues to apply in relation to the relevant proceeding as if the Evidence and Other Legislation Amendment Act 2022 had not been enacted.

(4)If subsection (3) does not apply in relation to the relevant proceeding, section 590ASA applies in relation to the proceeding.

(5)In this section—

appropriate person see section 590AS(6).

body see the Coroners Act 2003, schedule 2.

original evidence see section 590AD.

relevant proceeding see section 590AD.

Chapter 106 Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023

756   Offences charged before or after the commencement

(1)Despite the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023, the former provisions continue to apply in relation to a person charged with an offence before the commencement.

(2)The new provisions apply in relation to a person charged with an offence after the commencement, whether the charge is for an offence committed before or after the commencement.

(3)In this section—

former provisions means the provisions of this Code as in force from time to time before the commencement.

new provisions means the provisions of this Code as in force from the commencement.

757   Conviction for domestic violence offence before commencement

(1)This section applies if a person commits an offence against new section 359F(10) after the commencement and the penalty mentioned in new section 359F(11) applies to the person.

(2)New section 359F(11) applies regardless of whether any of the acts constituting the domestic violence offence mentioned in new section 359F(11) were done before or after the commencement.

(3)This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).

(4)In this section—

new, in relation to section 359F or a subsection of section 359F, means section 359F or a subsection of section 359F as amended by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023.

Chapter 107 Transitional provisions for Strengthening Community Safety Act 2023

758   Proceedings for charge for offence against former s 408A(1B)

(1)This section applies in relation to an offence against section 408A(1) to which section 408A(3) (as in force immediately before the commencement) applied, committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Strengthening Community Safety Act 2023, section 8 had not commenced.

(3)Subsection (2) applies despite section 11.

759   Application of particular provisions to charge for offence against former s 408A(3)

(1)Section 408A(6) and (7) apply in relation to a charge for an offence against section 408(1) to which section 408A(3) (as in force immediately before the commencement) applied, whether an originating step for the proceeding for the charge was taken before or after the commencement.

(2)Section 552BB, table, entry for section 408A, column 3, section 3, as in force immediately before the commencement, continues to apply in relation to a charge for an offence against section 408A(1) to which section 408A(3) (as in force immediately before the commencement) applied, whether an originating step for the proceeding for the charge was taken before or after the commencement.

Chapter 108 Transitional provision for Information Privacy and Other Legislation Amendment Act 2023

760   Application of s 408E

(1)This section applies if an act or omission constituting an offence against section 408E happened before the commencement, whether the proceeding for the offence is started before or after the commencement.

(2)Section 408E as in force before the commencement continues to apply in relation to the act or omission as if the Information Privacy and Other Legislation Amendment Act 2023, section 4 had not commenced.

Chapter 109 Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

761   Application of ch 32 to proceedings

(1)Despite the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, the former provisions continue to apply to a proceeding for an offence committed wholly or partly before the commencement.

(2)The new provisions apply to a proceeding for an offence committed wholly after the commencement.

(3)In this section—

former provisions means the provisions of chapter 32 as in force from time to time before the commencement.

new provisions means the provisions of chapter 32 as in force from the commencement.

762   Application of s 334C to acts of domestic violence constituting coercive control

(1)Section 334C applies only to acts of domestic violence constituting the course of conduct under that section that were done after the commencement.

(2)This section does not limit the Evidence Act 1977, part 6A, division 1A.

763   Conviction for domestic violence offence before commencement

(1)This section applies if a person commits an offence against section 334E(10) after the commencement and the penalty in section 334E(11) applies to the person.

(2)Section 334E(11) applies regardless of whether the conviction mentioned in that subsection was recorded before or after the commencement.

(3)This section applies despite section 11(2) and the Acts Interpretation Act 1954, section 20C(3).

Chapter 110 Transitional provision for Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024

764    Subsequent appeals—appeals or applications for leave to appeal before commencement

(1)This section applies if, before the commencement, a person appealed, or applied for leave to appeal, against a conviction of the person under section 668D.

(2)The person may apply for leave to make a subsequent appeal under section 671AC against the person’s conviction whether the person’s appeal or application for leave to appeal was determined before or after the commencement.

Chapter 111 Transitional provisions for Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

763   Definitions for chapter

In this chapter—

amendment Act means the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

764   Proceedings for offences against former ch 22A generally

(1)This section applies in relation to an offence against former chapter 22A committed by a person before the commencement, other than an offence against a relevant chapter 22A provision under section 765.

(2)The person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.

(3)If the person was charged with the offence before the commencement, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 15 and 31 had not commenced.

765   Proceedings for particular offences against former ch 22A

(1)This section applies in relation to an offence against a relevant chapter 22A provision committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 15 and 31 had not commenced.

(3)Subsection (2) applies despite section 11.

(4)In this section—

relevant chapter 22A provision means each of the following provisions as in force from time to time before the commencement—

(a)section 229FA;

(b)section 229G;

(c)section 229H, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229H(2);

(d)section 229HB, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229HB(2);

(e)section 229I, if the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229I(2);

(f)section 229K, if—

(i)the offence is alleged to have been committed with the circumstance of aggravation mentioned in section 229K(3); or

(ii)section 229K(2) applies because of section 229K(3B).

766   Continuation of s 229J—certificate of discharge for particular offences

(1)On the commencement, former section 229J continues to apply in relation to an application made but not decided under that section before the commencement, as if the amendment Act, section 15 had not commenced.

(2)If an order is made under former section 229J(8), whether before or after the commencement—

(a)the order continues in effect indefinitely or until further order under that section; and

(b)without limiting the Acts Interpretation Act 1954, section 20, a proceeding for an offence against former section 229J(10) may be continued or started, and a person may be convicted of and punished for the offence, as if the amendment Act, section 15 had not commenced.

(3)Subsection (2) applies despite section 11.

Chapter 112 Transitional provision for the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024

767   Repeated sexual conduct with a child of or above 16 by a person who has the child under their care, supervision or authority

To remove any doubt, it is declared that on a charge of an offence against section 229B(1A), evidence of an unlawful sexual act or acts done before the commencement may not be admitted in evidence for the purpose of deciding whether unlawful sexual acts done after the commencement establish the existence of an unlawful sexual relationship.

Schedule 2 [Repealed]

Schedule 3 [Repealed]

Schedule 4 [Repealed]